101100 Federal Register / Vol. 89, No. 240 / Friday, December 13, 2024 / Proposed Rules 

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. 

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: https://

www.regulations.gov. 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 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.regulations.gov 

at Docket No. FWS–R3–ES–2024–0144, 

or at the Service’s website on each 

individual species’ page (rayed bean: 

https://www.fws.gov/species/rayedbean-villosa-fabalis; sheepnose: https:// 

www.fws.gov/species/sheepnoseplethobasus-cyphyus; snuffbox: https://

www.fws.gov/species/snuffboxepioblasma-triquetra; spectaclecase: 

https://www.fws.gov/species/ 

spectaclecase-cumberlandiamonodonta). 

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, MinnesotaWisconsin 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-ofcontact in the United States. Please see 

Docket No. FWS–R3–ES–2024–0144 on 

https://www.regulations.gov 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 


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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: 

https://www.fws.gov/project/columbiapipeline-group-mshcp-formallynisource). 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 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 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 


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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 https://www.regulations.gov 

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 


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Federal Register / Vol. 89, No. 240 / Friday, December 13, 2024 / Proposed Rules 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 lifehistory 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 earlysuccessional 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 lifehistory 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; 


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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 sublethal 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, 


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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 https://

www.regulations.gov 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.

• Suitable water quality .................................................................................................

• Sexually mature males in proximity to sexually mature females 

• Suitable spawning water temperatures 

• Suitable flow conditions 

Ortman 1919, p. 66; Fuller 1974, pp. 240– 

241; Berg et al. 2008, p. 397; Haag 

2012, pp. 38–39. 

Glochidia ..... • Suitable water quality (clear water for visual attraction of host) ................................

• Availability of host fish for attachment 

Æ Rayed bean: darter and sculpin species ...............................................................

Æ Sheepnose: mimic shiner (Notropis volucellus) and sauger (Sander canadensis) 

Æ Snuffbox: logperch (Percina caprodes) and darter and sculpin species ...............

Æ Spectaclecase: mooneye (Hiodon tergisus) and goldeye (H. alosoides) ..............

• Suitable water temperature 

• Suitable flow conditions to ensure glochidia encounter host 

Fuller 1974, pp. 240–241; Strayer 2008, 

p. 65; Guenther et al. 2009, p. 20; Haag 

2012, pp. 41–42; Wolf et al. 2012, p. 7; 

Hove et al. 2015, pp. 4, 6–8, 12–13. 

Juveniles ..... • Suitable water quality (appropriate interstitial chemistry, low salinity, low ammonia, 

low copper and other contaminants, high dissolved oxygen).

• Suitable water temperature 

• Suitable flow conditions 

• Host fish dispersal 

• Food availability: smaller algae, detritus, bacteria, organic matter, pedal feeding 

for first several months 

• Suitable substrate conditions: 

Æ Rayed bean and snuffbox: stable sand and gravel ...............................................

Æ Sheepnose: firm/stable; coarse sand and gravel; cobble; may include mud ........

Æ Spectaclecase: firm/stable; coarse sand, gravel, and rock free from excessive 

silt; may include large slabs/boulders.

Ortman 1919, p. 68; Fuller 1974, pp. 220– 

221, 238–246; Cummings and Mayer 

1992, p. 50; Dimock and Wright 1993, 

pp. 188–190; Yeager et al. 1994, p. 

221; Sparks and Strayer 1998, p. 132; 

Augspurger et al. 2003, p. 2,574; 

Augspurger et al. 2007, p. 2,025; 

Schwalb et al. 2011, entire; Strayer and 

Malcom 2012, pp. 1,787–1,788; Watters 

et al. 2009, p. 221. 

Adults .......... • Suitable water quality (appropriate interstitial chemistry, low salinity, low ammonia, 

low copper and other contaminants, high dissolved oxygen).

• Suitable water temperature 

• Suitable flow conditions 

• Food availability: algae, detritus, bacteria, dissolved organic matter, microscopic 

animals 

• Suitable substrate conditions: 

Æ Rayed bean and snuffbox: stable sand and gravel ...............................................

Æ Sheepnose: firm/stable; coarse sand and gravel; cobble; may include mud ........

Æ Spectaclecase: firm/stable; coarse sand, gravel, and rock free from excessive 

silt; may include large slabs/boulders.

Ortmann 1919, p. 68; Fuller 1974, pp. 

221, 240–246; Cummings and Mayer 

1992, p. 50; Yeager et al. 1994, p. 221; 

Parmalee and Bogan 1998, p. 177; 

Nichols and Garling 2000, p. 881; Chen 

et al. 2001, pp. 213–214; Spooner and 

Vaughn 2008, p. 308; Watters et al. 

2009, p. 221. 

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 


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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 (°F) (30 degrees Celsius 

(°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 


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


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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] 

Critical habitat unit Adjacent land ownership type(s) 

Size of unit in 

river miles 

(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 River ........................................... Federal, State, Local, Private .................................................. 169 (272) 

RABE 11: French Creek .......................................................... Federal, State, Local, Private .................................................. 100 (161) 


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TABLE 2—PROPOSED CRITICAL HABITAT UNITS FOR RAYED BEAN—Continued 

[Length estimates reflect all land within critical habitat unit boundaries] 

Critical habitat unit Adjacent land ownership type(s) 

Size of unit in 

river miles 

(river kilometers) 

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] 

Critical habitat unit Adjacent land ownership type(s) 

Size of unit in 

river miles 

(river kilometers) 

SHNO 1: Lower Chippewa River ............................................. Federal, State, Local, Private .................................................. 57 (92) 

SHNO 2: Kankakee River ........................................................ Federal, State, Local, Private .................................................. 51 (82) 

SHNO 3: Meramec and Bourbeuse Rivers ............................. State, Local, Private ................................................................ 153 (246) 

SHNO 4: Middle Allegheny-Tionesta ....................................... State, Local, Private ................................................................ 28 (45) 

SHNO 5: Upper Green River ................................................... Federal, State, Local, Private .................................................. 157 (253) 

SHNO 6: Tippecanoe River ..................................................... Federal, State, Local, Private .................................................. 84 (135) 

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, Private ............................................................ 106 (171) 

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] 

Critical habitat unit Adjacent land ownership type(s) 

Size of unit in 

river miles 

(river kilometers) 

SNBO 1: Wolf River ................................................................. Federal, State, Local, Private .................................................. 8 (13) 

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) 


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TABLE 4—PROPOSED CRITICAL HABITAT UNITS FOR SNUFFBOX MUSSEL—Continued 

[Length estimates reflect all land within critical habitat unit boundaries] 

Critical habitat unit Adjacent land ownership type(s) 

Size of unit in 

river miles 

(river kilometers) 

SNBO 8: Allegheny River ........................................................ State, Local, Private ................................................................ 35 (57) 

SNBO 9: French Creek ........................................................... Federal, State, Local, Private .................................................. 130 (209) 

SNBO 10: West Fork River ..................................................... Private ..................................................................................... 22 (35) 

SNBO 11: Shenango River ..................................................... State, Local, Private ................................................................ 28 (45) 

SNBO 12: Middle Island Creek ............................................... Federal, State, Local, Private .................................................. 87 (140) 

SNBO 13: Little Kanawha River .............................................. Federal, State, Local, Private .................................................. 218 (351) 

SNBO 14: Kanawha River ....................................................... Local, Private ........................................................................... 107 (172) 

SNBO 15: Olentangy River ..................................................... Federal, State, Local, Private .................................................. 30 (48) 

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, Local, Private .................................................. 239 (385) 

SNBO 22: Middle Fork Kentucky River ................................... Private ..................................................................................... 13 (21) 

SNBO 23: Red Bird River ........................................................ Federal, Private ....................................................................... 60 (96) 

SNBO 24: Red River ............................................................... Federal, State, Private ............................................................ 31 (49) 

SNBO 25: Green River ............................................................ Federal, State, Local, Private .................................................. 157 (253) 

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 River ........................................... Private ..................................................................................... 95 (153) 

SNBO 30: Clinch River ............................................................ Federal, State, Local, Private .................................................. 170 (273) 

SNBO 31: Powell River ........................................................... State, Private ........................................................................... 66 (106) 

SNBO 32: Paint Rock River .................................................... Federal, State, Private ............................................................ 53 (85) 

SNBO 33: Elk River ................................................................. Private ..................................................................................... 27 (43) 

SNBO 34: Duck River .............................................................. State, Local, Private ................................................................ 47 (76) 

SNBO 35: St. Croix River ........................................................ Federal, State, Local, Private .................................................. 53 (85) 

SNBO 36: Meramec River ....................................................... State, Local, Private ................................................................ 227 (365) 

SNBO 37: St. Francis River .................................................... Federal, State, Private ............................................................ 58 (93) 

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] 

Critical habitat unit Adjacent land ownership types 

Size of unit in 

river miles 

(river kilometers) 

SPCA 1: Saint Croix ................................................................ Federal, State, Local, Private .................................................. 53 (86) 

SPCA 2: Mississippi River ....................................................... Federal, State, Local, Private .................................................. 132 (213) 

SPCA 3: Meramec River ......................................................... State, Local, Private ................................................................ 156 (251) 

SPCA 4: Big River ................................................................... Local, Private ........................................................................... 11 (17) 

SPCA 5: Gasconade River ...................................................... Federal, State, Private ............................................................ 223 (358) 

SPCA 6: Big Piney River ......................................................... Federal, State, Private ............................................................ 53 (86) 

SPCA 7: Ouachita River .......................................................... Local, Private ........................................................................... 83 (133) 

SPCA 8: Tennessee River ...................................................... Federal, State, Local, Private .................................................. 142 (228) 

SPCA 9: Clinch River .............................................................. Federal, State, Local, Private .................................................. 160 (257) 

SPCA 10: Nolichucky River ..................................................... Federal State, Private ............................................................. 37 (60) 

SPCA 11: Green River ............................................................ Federal, State, Private ............................................................ 77 (125) 

SPCA 12: Kanawha River ....................................................... Federal, Local, Private ............................................................ 16 (25) 

Total .................................................................................. .................................................................................................. 1,143 (1,839) 

Note: Lengths may not sum due to rounding. 


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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 


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101112 Federal Register / Vol. 89, No. 240 / Friday, December 13, 2024 / Proposed Rules 

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 highwater 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 


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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 highwater 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) 


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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 highwater 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 


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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 


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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 


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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 highwater 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 highwater 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 


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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 


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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 highwater 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 highwater 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. 


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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 


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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 


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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. 


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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 


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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 


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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 


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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. 


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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 Engineers. SPCA 12 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 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: 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, flow and discharge impacts 

from dams, in-stream modifications 

from transportation projects, and utility 

corridor development; and loss of 

riparian vegetation within the 

watershed, bank stabilization and 

armoring, and further development and 

conversion of bottomlands. 

Effects of Critical Habitat Designation 

Section 7 Consultation 

Section 7(a)(2) of the Act requires 

Federal agencies, including the Service, 

to ensure that any action they authorize, 

fund, or carry out is not likely to 

jeopardize the continued existence of 

any endangered species or threatened 

species or result in the destruction or 

adverse modification of designated 

critical habitat of such species. In 

addition, section 7(a)(4) of the Act 

requires Federal agencies to confer with 

the Service on any agency action which 

is likely to jeopardize the continued 

existence of any species proposed to be 

listed under the Act or result in the 

destruction or adverse modification of 

proposed critical habitat. 

Destruction or adverse modification 

means a direct or indirect alteration that 

appreciably diminishes the value of 

critical habitat as a whole for the 

conservation of a listed species (50 CFR 

402.02). 

Compliance with the requirements of 

section 7(a)(2) is documented through 

our issuance of: 

(1) A concurrence letter for Federal 

actions that may affect, but are not 

likely to adversely affect, listed species 

or critical habitat; or 

(2) A biological opinion for Federal 

actions that may affect, and are likely to 

adversely affect, listed species or critical 

habitat. 

When we issue a biological opinion 

concluding that a project is likely to 

jeopardize the continued existence of a 

listed species and/or destroy or 

adversely modify critical habitat, we 

provide reasonable and prudent 

alternatives to the project, if any are 

identifiable, that would avoid the 

likelihood of jeopardy and/or 

destruction or adverse modification of 

critical habitat. We define ‘‘reasonable 

and prudent alternatives’’ (at 50 CFR 

402.02) as alternative actions identified 

during formal consultation that: 

(1) Can be implemented in a manner 

consistent with the intended purpose of 

the action, 

(2) Can be implemented consistent 

with the scope of the Federal agency’s 

legal authority and jurisdiction, 

(3) Are economically and 

technologically feasible, and 

(4) Would, in the Service Director’s 

opinion, avoid the likelihood of 

jeopardizing the continued existence of 

the listed species or avoid the likelihood 

of destroying or adversely modifying 

critical habitat. 

Reasonable and prudent alternatives 

can vary from slight project 

modifications to extensive redesign or 

relocation of the project. Costs 

associated with implementing a 

reasonable and prudent alternative are 

similarly variable. 

Regulations at 50 CFR 402.16 set forth 

requirements for Federal agencies to 

reinitiate consultation. Reinitiation of 

consultation is required and shall be 

requested by the Federal agency, where 

discretionary Federal involvement or 

control over the action has been 

retained or is authorized by law and: (1) 

If the amount or extent of taking 

specified in the incidental take 

statement is exceeded; (2) if new 

information reveals effects of the action 

that may affect listed species or critical 

habitat in a manner or to an extent not 

previously considered; (3) if the 

identified action is subsequently 

modified in a manner that causes an 

effect to the listed species or critical 

habitat that was not considered in the 

biological opinion or written 

concurrence; or (4) if a new species is 

listed or critical habitat designated that 

may be affected by the identified action. 

As provided in 50 CFR 402.16, the 

requirement to reinitiate consultations 

for new species listings or critical 

habitat designation does not apply to 

certain agency actions (e.g., land 

management plans issued by the Bureau 

of Land Management in certain 

circumstances). 

Destruction or Adverse Modification of 

Critical Habitat 

The key factor related to the 

destruction or adverse modification 

determination is whether 

implementation of the proposed Federal 

action directly or indirectly alters the 

designated critical habitat in a way that 

appreciably diminishes the value of the 

critical habitat for the conservation of 

the listed species. As discussed above, 

the role of critical habitat is to support 

physical or biological features essential 

to the conservation of a listed species 

and provide for the conservation of the 

species. 

Section 4(b)(8) of the Act requires that 

our Federal Register documents ‘‘shall, 

to the maximum extent practicable, also 

include a brief description and 

evaluation of those activities (whether 

public or private) which, in the opinion 

of the Secretary, if undertaken may 

adversely modify [critical] habitat, or 

may be affected by such designation.’’ 

Activities that may be affected by 

designation of critical habitat for the 

rayed bean, sheepnose, snuffbox, or 

spectaclecase include those that may 

affect the physical or biological features 

of these species’ critical habitats (see 

Physical or Biological Features Essential 

to the Conservation of the Species). 

Exemptions 

Application of Section 4(a)(3) of the Act 

The Sikes Act Improvement Act of 

1997 (Sikes Act) (16 U.S.C. 670a) 

requires each military installation that 

includes land and water suitable for the 

conservation and management of 

natural resources to complete an 

integrated natural resources 

management plan (INRMP) by 

November 17, 2001. An INRMP 

integrates implementation of the 

military mission of the installation with 

stewardship of the natural resources 

found on the base. Each INRMP 

includes: 

(1) An assessment of the ecological 

needs on the installation, including the 

need to provide for the conservation of 

listed species; 

(2) A statement of goals and priorities; 

(3) A detailed description of 

management actions to be implemented 

to provide for these ecological needs; 

and 

(4) A monitoring and adaptive 

management plan. 

Among other things, each INRMP 

must, to the extent appropriate and 

applicable, provide for fish and wildlife 

management; fish and wildlife habitat 


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enhancement or modification; wetland 

protection, enhancement, and 

restoration where necessary to support 

fish and wildlife; and enforcement of 

applicable natural resource laws. 

The National Defense Authorization 

Act for Fiscal Year 2004 (Pub. L. 108– 

136) amended the Act to limit areas 

eligible for designation as critical 

habitat. Specifically, section 4(a)(3)(B)(i) 

of the Act provides that the Secretary 

shall not designate as critical habitat 

any lands or other geographical areas 

owned or controlled by the Department 

of Defense, or designated for its use, that 

are subject to an integrated natural 

resources management plan prepared 

under section 101 of the Sikes Act (16 

U.S.C. 670a), if the Secretary determines 

in writing that such plan provides a 

benefit to the species for which critical 

habitat is proposed for designation. 

We consult with the military on the 

development and implementation of 

INRMPs for installations with listed 

species. We analyzed INRMPs 

developed by military installations 

located within the range of the proposed 

critical habitat designation for the 

spectaclecase to determine if they meet 

the criteria for exemption from critical 

habitat under section 4(a)(3) of the Act. 

The following areas are Department of 

Defense (DoD) lands with completed, 

Service-approved INRMPs within the 

proposed critical habitat designation. 

Approved INRMPs 

U.S. Army Maneuver Support Center of 

Excellence and Fort Leonard Wood 

(SPCA 6: Big Piney River), 10 rmi (16 

rkm) 

The U.S. Army Maneuver Support 

Center of Excellence and Fort Leonard 

Wood (hereafter, Fort Leonard Wood) is 

an installation under DoD jurisdiction 

within Pulaski County, Missouri, near 

the towns of Waynesville and St. Robert. 

The installation encompasses 

approximately 61,641 acres (24,945 

hectares) of land within the Ozark 

Plateau region. The Big Piney River runs 

along its eastern boundary, and 

Roubidoux Creek runs along its western 

boundary. Much of the land 

surrounding Fort Leonard Wood is 

public ownership as part of the Mark 

Twain National Forest. 

The current INRMP provides specific 

protections for 47 special status fauna 

species, including the spectaclecase. 

Conservation actions to benefit the 

spectaclecase pertain to improvements 

to water quality, especially decreasing 

sedimentation and improving stream 

stabilization. Specifically, best 

management practices geared toward 

improving water quality include 

controlling or eliminating runoff and 

erosion that could affect surface waters; 

ensuring nonpoint source pollution 

abatement is considered within 

construction, installation operations, 

and land management plans and 

activities; ensuring that approved best 

management practices are implemented 

and maintained; using site-specific 

water testing for natural resources 

programs and erosion control projects; 

and using water-related inventory data 

to make decisions regarding land use, 

restoration options, and fish and 

wildlife habitat management options. 

Additionally, vehicles are restricted 

from driving in waters containing 

spectaclecase habitat and/or areas that 

would disturb water quality or increase 

turbidity upstream of habitat areas. The 

INRMP also includes recommendations 

for an aquatic organism bypass channel 

as part of restoration or replacement of 

the Big Piney River water intake weir, 

as these measures would improve 

connectivity of habitats upstream of the 

weir with larger source populations 

downstream. Aspects of these measures 

are being implemented at both the local 

site level (i.e., those related to direct 

disturbance of spectaclecase habitat) 

and across the entire installation (i.e., 

those related to water quality 

improvements in general). 

Based on the above considerations, 

and in accordance with section 

4(a)(3)(B)(i) of the Act, we have 

determined that the identified areas are 

subject to the Fort Leonard Wood 

INRMP and that conservation efforts 

identified in the INRMP will provide a 

benefit to the spectaclecase. Therefore, 

the river miles that occur within this 

installation are exempt from critical 

habitat designation under section 4(a)(3) 

of the Act. We are not including 

approximately 10 rmi (16 rkm) of 

habitat in this proposed critical habitat 

designation because of this exemption. 

Consideration of Impacts Under Section 

4(b)(2) of the Act 

Section 4(b)(2) of the Act states that 

the Secretary shall designate and make 

revisions to critical habitat on the basis 

of the best available scientific data after 

taking into consideration the economic 

impact, the impact on national security, 

and any other relevant impact of 

specifying any particular area as critical 

habitat. The Secretary may exclude any 

area from critical habitat if the benefits 

of exclusion outweigh those of 

inclusion, so long as exclusion will not 

result in extinction of the species 

concerned. Exclusion decisions are 

governed by the regulations at 50 CFR 

424.19 and the Policy Regarding 

Implementation of Section 4(b)(2) of the 

Endangered Species Act (hereafter, the 

‘‘2016 Policy’’; 81 FR 7226, February 11, 

2016), both of which were developed 

jointly with the National Marine 

Fisheries Service (NMFS). We also refer 

to a 2008 Department of the Interior 

Solicitor’s opinion entitled, ‘‘The 

Secretary’s Authority to Exclude Areas 

from a Critical Habitat Designation 

under Section 4(b)(2) of the Endangered 

Species Act’’ (M–37016). 

In considering whether to exclude a 

particular area from the designation, we 

identify the benefits of including the 

area in the designation, identify the 

benefits of excluding the area from the 

designation, and evaluate whether the 

benefits of exclusion outweigh the 

benefits of inclusion. If the analysis 

indicates that the benefits of exclusion 

outweigh the benefits of inclusion, the 

Secretary may exercise discretion to 

exclude the area only if such exclusion 

would not result in the extinction of the 

species. In making the determination to 

exclude a particular area, the statute on 

its face, as well as the legislative history, 

are clear that the Secretary has broad 

discretion regarding which factor(s) to 

use and how much weight to give to any 

factor. In our final rules, we explain any 

decision to exclude areas, as well as 

decisions not to exclude, to make clear 

the rational basis for our decision. We 

describe below the process that we use 

for taking into consideration each 

category of impacts and any initial 

analyses of the relevant impacts. 

Consideration of Economic Impacts 

Section 4(b)(2) of the Act and its 

implementing regulations require that 

we consider the economic impact that 

may result from a designation of critical 

habitat. To assess the probable 

economic impacts of a designation, we 

must first evaluate specific land uses or 

activities and projects that may occur in 

the area of the critical habitat. We then 

must evaluate the impacts that a specific 

critical habitat designation may have on 

restricting or modifying specific land 

uses or activities for the benefit of the 

species and its habitat within the areas 

proposed. We then identify which 

conservation efforts may be the result of 

the species being listed under the Act 

versus those attributed solely to the 

designation of critical habitat for this 

particular species. The probable 

economic impact of a proposed critical 

habitat designation is analyzed by 

comparing scenarios both ‘‘with critical 

habitat’’ and ‘‘without critical habitat.’’ 

The ‘‘without critical habitat’’ 

scenario represents the baseline for the 

analysis, which includes the existing 

regulatory and socio-economic burden 

imposed on landowners, managers, or 


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other resource users potentially affected 

by the designation of critical habitat 

(e.g., under the Federal listing as well as 

other Federal, State, and local 

regulations). Therefore, the baseline 

represents the costs of all efforts 

attributable to the listing of the species 

under the Act (i.e., conservation of the 

species and its habitat incurred 

regardless of whether critical habitat is 

designated). The ‘‘with critical habitat’’ 

scenario describes the incremental 

impacts associated specifically with the 

designation of critical habitat for the 

species. The incremental conservation 

efforts and associated impacts would 

not be expected without the designation 

of critical habitat for the species. In 

other words, the incremental costs are 

those attributable solely to the 

designation of critical habitat, above and 

beyond the baseline costs. These are the 

costs we use when evaluating the 

benefits of inclusion and exclusion of 

particular areas from the final 

designation of critical habitat should we 

choose to conduct a discretionary 

4(b)(2) exclusion analysis. 

Executive Order (E.O.) 14094 amends 

and reaffirms E.O. 12866 and E.O. 13563 

and directs Federal agencies to assess 

the costs and benefits of available 

regulatory alternatives in quantitative 

(to the extent feasible) and qualitative 

terms. Consistent with the E.O. 

regulatory analysis requirements, our 

effects analysis under the Act may take 

into consideration impacts to both 

directly and indirectly affected entities, 

where practicable and reasonable. If 

sufficient data are available, we assess 

to the extent practicable the probable 

impacts to both directly and indirectly 

affected entities. Section 3(f) of E.O. 

12866 identifies four criteria when a 

regulation is considered a ‘‘significant 

regulatory action’’ and requires 

additional analysis, review, and 

approval if met. The criterion relevant 

here is whether the designation of 

critical habitat may have an economic 

effect of $200 million or more in any 

given year (section 3(f)(1) of E.O. 12866 

as amended by E.O. 14094). Therefore, 

our consideration of economic impacts 

uses a screening analysis to assess 

whether a designation of critical habitat 

for the rayed bean, sheepnose, snuffbox, 

or spectaclecase is likely to exceed this 

threshold. 

For this particular designation, we 

developed an incremental effects 

memorandum (IEM) considering the 

probable incremental economic impacts 

that may result from this proposed 

designation of critical habitat. The 

information contained in our IEM was 

then used to develop a screening 

analysis of the probable effects of the 

designation of critical habitat for the 

rayed bean, sheepnose, snuffbox, and 

spectaclecase (Industrial Economics, 

Incorporated (IEc) 2024, entire). We 

began by conducting a screening 

analysis of the proposed designation of 

critical habitat in order to focus our 

analysis on the key factors that are 

likely to result in incremental economic 

impacts. The purpose of the screening 

analysis is to filter out particular 

geographical areas of critical habitat that 

are already subject to such protections 

and are, therefore, unlikely to incur 

incremental economic impacts. In 

particular, the screening analysis 

considers baseline costs (i.e., absent 

critical habitat designation) and 

includes any probable incremental 

economic impacts where land and water 

use may already be subject to 

conservation plans, land management 

plans, best management practices, or 

regulations that protect the habitat area 

as a result of the Federal listing status 

of the species. Ultimately, the screening 

analysis allows us to focus our analysis 

on evaluating the specific areas or 

sectors that may incur probable 

incremental economic impacts as a 

result of the designation. 

The presence of the listed species in 

occupied areas of critical habitat means 

that any destruction or adverse 

modification of those areas is also likely 

to jeopardize the continued existence of 

the species. Therefore, designating 

occupied areas as critical habitat 

typically causes little if any incremental 

impacts above and beyond the impacts 

of listing the species. As a result, we 

generally focus the screening analysis 

on areas of unoccupied critical habitat 

(unoccupied units or unoccupied areas 

within occupied units). Overall, the 

screening analysis assesses whether 

designation of critical habitat is likely to 

result in any additional management or 

conservation efforts that may incur 

incremental economic impacts. This 

screening analysis combined with the 

information contained in our IEM 

constitute what we consider to be our 

economic analysis of the proposed 

critical habitat designation for the rayed 

bean, sheepnose, snuffbox, and 

spectaclecase and is summarized in the 

narrative below. 

As part of our screening analysis, we 

considered the types of economic 

activities that are likely to occur within 

the areas likely affected by the critical 

habitat designation. In our evaluation of 

the probable incremental economic 

impacts that may result from the 

proposed designation of critical habitat 

for the rayed bean, sheepnose, snuffbox, 

and spectaclecase, first we identified, in 

the IEM dated June 7, 2024, probable 

incremental economic impacts 

associated with the following categories 

of activities: (1) Federal lands 

management (Bureau of Land 

Management, National Park Service, 

U.S. Fish and Wildlife Service, U.S. 

Forest Service, and U.S. Bureau of 

Reclamation); (2) roadway and bridge 

construction; (3) agriculture; (4) 

groundwater pumping; (5) in-stream 

dams and diversions, including their 

construction, maintenance, and/or 

removal; (6) dredging; and (7) 

commercial or residential development. 

We considered each industry or 

category individually. Additionally, we 

considered whether their activities have 

any Federal involvement. Critical 

habitat designation generally will not 

affect activities that do not have any 

Federal involvement; under the Act, 

designation of critical habitat only 

affects activities conducted, funded, 

permitted, or authorized by Federal 

agencies. In areas where the rayed bean, 

sheepnose, snuffbox, and/or 

spectaclecase are present, Federal 

agencies are required to consult with the 

Service under section 7 of the Act on 

activities they authorize, fund, or carry 

out that may affect the species. If we 

finalize this proposed critical habitat 

designation, Federal agencies would be 

required to consider the effects of their 

actions on the designated habitat, and if 

the Federal action may affect critical 

habitat, our consultations would 

include an evaluation of measures to 

avoid the destruction or adverse 

modification of critical habitat. 

In our IEM, we attempted to clarify 

the distinction between the effects that 

result from the species being listed and 

those attributable to the critical habitat 

designation (i.e., difference between the 

jeopardy and adverse modification 

standards) for each of the species’ 

critical habitat. The following specific 

circumstances in this case help to 

inform our evaluation: (1) The essential 

physical or biological features identified 

for critical habitat are the same features 

essential for the life requisites of the 

species, and (2) any actions that would 

likely adversely affect the essential 

physical or biological features of 

occupied critical habitat are also likely 

to adversely affect any one of the four 

freshwater mussel species. The IEM 

outlines our rationale concerning this 

limited distinction between baseline 

conservation efforts and incremental 

impacts of the designation of critical 

habitat for this species. This evaluation 

of the incremental effects has been used 

as the basis to evaluate the probable 

incremental economic impacts of this 

proposed designation of critical habitat. 


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The proposed critical habitat 

designation for the rayed bean, 

sheepnose, snuffbox, and spectaclecase 

includes 76 distinct units totaling 

approximately 3,974 rmi (6,396 rkm). 

The proposed critical habitat 

designation for the rayed bean includes 

560 rmi (902 rkm) across 15 units. 

Ownership of riparian lands adjacent to 

the proposed units is primarily private; 

public lands are owned by Federal, 

State, and local government entities. 

The proposed critical habitat 

designation for the sheepnose includes 

approximately 801 rmi (1,289 rkm) 

across 11 units. Ownership of riparian 

lands adjacent to the proposed units is 

primarily private; public lands are 

owned by Federal, State, or local 

government entities. The proposed 

critical habitat for the snuffbox includes 

2,472 rmi (3,979 rkm) across 38 units. 

Ownership of riparian lands adjacent to 

the proposed units is primarily private; 

public lands are owned by Federal, 

State, or local government entities. The 

proposed critical habitat for 

spectaclecase includes approximately 

1,143 rmi (1,839 rkm) across 12 units. 

Ownership of riparian lands adjacent to 

the proposed units is primarily private; 

public lands are owned by Federal, 

State, and local government entities. A 

number of these units partially overlap, 

and all units are considered occupied by 

one or more species at the time of this 

proposed designation. 

The total incremental costs of critical 

habitat designation for the rayed bean, 

sheepnose, snuffbox, and spectaclecase 

are anticipated to be less than 

approximately $630,000 (2024 dollars) 

per year for the next 10 years. The costs 

are reflective of all proposed critical 

habitat areas being occupied by the 

species and all four species having been 

listed under the Act since 2012. Thus, 

we do not anticipate any additional 

consultation burden as a result of this 

proposed critical habitat designation. 

Since consultation is already required in 

these areas due to the species being 

listed, as well as the presence and 

designated critical habitat of other listed 

species, the incremental costs associated 

with designating critical habitat for 

these mussels are likely to be limited to 

additional administrative effort in 

conducting the adverse modification 

analysis. In total, we anticipate 11 new 

formal consultations, 210 informal 

consultations, and 6 technical assistance 

efforts to occur annually in the 

proposed critical habitat areas. 

We are soliciting data and comments 

from the public on the economic 

analysis discussed above. During the 

development of a final designation, we 

will consider the information presented 

in the economic analysis and any 

additional information on economic 

impacts we receive during the public 

comment period to determine whether 

any specific areas should be excluded 

from the final critical habitat 

designation under authority of section 

4(b)(2), our implementing regulations at 

50 CFR 424.19, and the 2016 Policy. We 

may exclude an area from critical 

habitat if we determine that the benefits 

of excluding the area outweigh the 

benefits of including the area, provided 

the exclusion will not result in the 

extinction of these species. 

Consideration of National Security 

Impacts 

Section 4(a)(3)(B)(i) of the Act may 

not cover all DoD lands or areas that 

pose potential national-security 

concerns (e.g., a DoD installation that is 

in the process of revising its INRMP for 

a newly listed species or a species 

previously not covered). If a particular 

area is not covered under section 

4(a)(3)(B)(i), then national-security or 

homeland-security concerns are not a 

factor in the process of determining 

what areas meet the definition of 

‘‘critical habitat.’’ However, we must 

still consider impacts on national 

security, including homeland security, 

on those lands or areas not covered by 

section 4(a)(3)(B)(i) because section 

4(b)(2) requires us to consider those 

impacts whenever we designate critical 

habitat. Accordingly, if DoD, 

Department of Homeland Security 

(DHS), or another Federal agency has 

requested exclusion based on an 

assertion of national-security or 

homeland-security concerns, or we have 

otherwise identified national-security or 

homeland-security impacts from 

designating particular areas as critical 

habitat, we generally have reason to 

consider excluding those areas. 

However, we cannot automatically 

exclude requested areas. When DoD, 

DHS, or another Federal agency requests 

exclusion from critical habitat on the 

basis of national-security or homelandsecurity impacts, we must conduct an 

exclusion analysis if the Federal 

requester provides information, 

including a reasonably specific 

justification of an incremental impact 

on national security that would result 

from the designation of that specific 

area as critical habitat. That justification 

could include demonstration of 

probable impacts, such as impacts to 

ongoing border-security patrols and 

surveillance activities, or a delay in 

training or facility construction, as a 

result of compliance with section 7(a)(2) 

of the Act. If the agency requesting the 

exclusion does not provide us with a 

reasonably specific justification, we will 

contact the agency to recommend that it 

provide a specific justification or 

clarification of its concerns relative to 

the probable incremental impact that 

could result from the designation. If we 

conduct an exclusion analysis because 

the agency provides a reasonably 

specific justification or because we 

decide to exercise the discretion to 

conduct an exclusion analysis, we will 

defer to the expert judgment of DoD, 

DHS, or another Federal agency as to: 

(1) Whether activities on its lands or 

waters, or its activities on other lands or 

waters, have national-security or 

homeland-security implications; (2) the 

importance of those implications; and 

(3) the degree to which the cited 

implications would be adversely 

affected in the absence of an exclusion. 

In that circumstance, in conducting a 

discretionary section 4(b)(2) exclusion 

analysis, we will give great weight to 

national-security and homeland-security 

concerns in analyzing the benefits of 

exclusion. 

Under section 4(b)(2) of the Act, we 

also consider whether a national 

security or homeland security impact 

might exist on lands owned or managed 

by DoD or DHS. In preparing this 

proposal, we have determined that, 

other than the land exempted under 

section 4(a)(3)(B)(i) of the Act based 

upon the existence of an approved 

INRMP (see Exemptions, above), the 

lands within the proposed designation 

of critical habitat for the rayed bean, 

sheepnose, snuffbox, and spectaclecase 

are not owned or managed by DoD or 

DHS. Therefore, we anticipate no 

impact on national security or 

homeland security. 

Consideration of Other Relevant 

Impacts 

Under section 4(b)(2) of the Act, we 

consider any other relevant impacts, in 

addition to economic impacts and 

impacts on national security discussed 

above. To identify other relevant 

impacts that may affect the exclusion 

analysis, we consider a number of 

factors, including whether there are 

approved and permitted conservation 

agreements or plans covering the 

species in the area—such as safe harbor 

agreements (SHAs), candidate 

conservation agreements with 

assurances (CCAAs) or ‘‘conservation 

benefit agreements’’ or ‘‘conservation 

agreements’’ (CBAs) (CBAs are a new 

type of agreement replacing SHAs and 

CCAAs in use after April 2024 (89 FR 

26070; April 12, 2024)) or HCPs—or 

whether there are non-permitted 

conservation agreements and 

partnerships that would be encouraged 


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by designation of, or exclusion from, 

critical habitat. In addition, we look at 

whether Tribal conservation plans or 

partnerships, Tribal resources, or 

government-to-government 

relationships of the United States with 

Tribal entities may be affected by the 

designation. We also consider any State, 

local, social, or other impacts that might 

occur because of the designation. 

When analyzing other relevant 

impacts of including a particular area in 

a designation of critical habitat, we 

weigh those impacts relative to the 

conservation value of the particular 

area. To determine the conservation 

value of designating a particular area, 

we consider a number of factors, 

including, but not limited to, the 

additional regulatory benefits that the 

area would receive due to the protection 

from destruction or adverse 

modification as a result of actions with 

a Federal nexus, the educational 

benefits of mapping essential habitat for 

recovery of the listed species, and any 

benefits that may result from a 

designation due to State or Federal laws 

that may apply to critical habitat. 

In the case of these mussel species, 

the benefits of critical habitat include 

public awareness of the presence of 

these mussels and the importance of 

habitat protection, and, where a Federal 

nexus exists, increased habitat 

protection for these mussel species due 

to protection from destruction or 

adverse modification of critical habitat. 

Continued implementation of an 

ongoing management plan that provides 

conservation equal to or more than the 

protections that result from a critical 

habitat designation would reduce those 

benefits of including that specific area 

in the critical habitat designation. 

After identifying the benefits of 

inclusion and the benefits of exclusion, 

we carefully weigh the two sides to 

evaluate whether the benefits of 

exclusion outweigh those of inclusion. 

If our analysis indicates that the benefits 

of exclusion outweigh the benefits of 

inclusion, we then determine whether 

exclusion would result in extinction of 

the species. If exclusion of an area from 

critical habitat will result in extinction, 

we will not exclude it from the 

designation. 

Private or Other Non-Federal 

Conservation Plans or Agreements 

Associated With Permits Under Section 

10 of the Act 

As mentioned above, as part of our 

4(b)(2) analysis, we consider whether 

there are approved and permitted 

conservation agreements or plans 

covering the species in the area such 

SHAs, CCAAs, CBAs, or HCPs. Under 

sections 10(a)(1)(A) and 10(a)(1)(B) of 

the Act, non-federal entities may 

develop these agreements or plans when 

they seek authorization for take that 

may otherwise be prohibited under 

section 9 through an enhancement of 

survival (EOS) or incidental take permit 

(ITP), respectively. 

Property owners seeking an EOS 

permit collaborate with the Service to 

develop a CBA to support the 

application. The EOS permit authorizes 

take associated with implementing the 

agreement and ongoing land 

management activities that provide a net 

conservation benefit to the covered 

species. The CBA replaces two previous 

types of voluntary agreements (SHAs 

and CCAAs) going forward for new 

agreements after May 2024. However, 

permitted SHAs and CCAAs or those 

noticed in the Federal Register prior to 

May 2024, remain in effect. 

For incidental take permits issued 

under section 10(a)(1)(B) of the Act, 

applicants are required to develop a 

conservation plan, more commonly 

known as an HCP, to support their 

application. ITPs authorize take that is 

incidental to, but not the purpose of, 

carrying out otherwise lawful activities 

provided that the impact of the taking 

is minimized and mitigated to the 

maximum extent practicable. 

For both section 10(a)(1)(A) and 

10(a)(1)(B) permits, we provide 

permittees with assurances. In the case 

of 10(a)(1)(A) permits, we may not 

require additional or different 

conservation measures to be undertaken 

by a permittee without the consent of 

the permittee. In the case of section 

10(a)(1)(B), we will not impose further 

land-, water-, or resource-use 

restrictions, or require additional 

commitments of land, water, or 

finances, beyond those agreed to in the 

HCP. 

We place great value on the 

partnerships that are developed during 

the preparation and implementation of 

conservation plans and agreements. In 

some cases, permittees agree to do more 

for the conservation of the species and 

their habitats on private lands than 

designation of critical habitat would 

provide alone. 

When we undertake a discretionary 

section 4(b)(2) exclusion analysis based 

on conservation plans or agreements, we 

anticipate consistently excluding such 

areas if incidental take caused by the 

activities in those areas is covered by 

the permit under section 10 of the Act 

and the plan meets all of the following 

three factors (See the 2016 Policy for 

additional details. Because combining 

types of agreements such as SHAs and 

CCAAs into the term ‘‘CBAs’’ is a recent 

development (see 89 FR 26070; April 

12, 2024), the 2016 Policy did not 

expressly reference CBAs. However, 

because CBAs replace CCAAs and SHAs 

moving forward, we treat CBAs 

similarly to how we treat CCAAs/SHAs/ 

HCPs described below): 

a. The permittee is properly 

implementing the CCAA/SHA/HCP and 

is expected to continue to do so for the 

term of the agreement. A CCAA/SHA/ 

HCP is properly implemented if the 

permittee is and has been fully 

implementing the commitments and 

provisions in the CCAA/SHA/HCP, 

implementing agreement, and permit. 

b. The species for which critical 

habitat is being designated is a covered 

species in the CCAA/SHA/HCP, or very 

similar in its habitat requirements to a 

covered species. The recognition that 

the Services extend to such an 

agreement depends on the degree to 

which the conservation measures 

undertaken in the CCAA/SHA/HCP 

would also protect the habitat features 

of the similar species. 

c. The CCAA/SHA/HCP specifically 

addresses that species’ habitat and 

meets the conservation needs of the 

species in the planning area. 

The proposed critical habitat 

designation for the sheepnose includes 

areas that are covered by the following 

permitted plan providing for the 

conservation of the sheepnose: the 

Columbia Pipeline Group Multi-Species 

Habitat Conservation Plan. 

Columbia Pipeline Group Multi-Species 

Habitat Conservation Plan 

In preparing this proposal, we have 

determined that lands associated with 

the Columbia Pipeline Group MultiSpecies HCP within SHNO 11 (Big 

Sunflower River) for the sheepnose are 

included within the boundaries of 

proposed critical habitat. 

The Columbia Pipeline Group MultiSpecies 50-year HCP (2013) extends 

across three Service regions (regions 3, 

4, and 5) and 14 States to cover an area 

stretching from Louisiana northeastward 

to New York where Columbia Pipeline 

Group natural gas systems are in place. 

The lands covered by this HCP are tied 

to existing Columbia Pipeline 

Groupfacilities (e.g., pipelines, ancillary 

structures, and storage fields), with 

lands that fall within a 1-mile-wide 

corridor (i.e., 1⁄2 mile on either side of 

the centerline of a pipeline or existing 

ancillary company structure or building) 

being considered part of the coverage 

area. This HCP includes 43 species from 

nine taxonomic groups, with Columbia 

Pipeline Group requesting incidental 

take authorization for 10 of these 

species, including the sheepnose. 


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Specifically, the HCP allows for take of 

up to 250.4 acres of sheepnose habitat. 

Of the areas where impacts and 

potential take of sheepnose may occur, 

the only location where the coverage 

area overlaps with proposed critical 

habitat is within Sunflower County, 

Mississippi, within SHNO 11 (Big 

Sunflower River). The HCP includes 

measures that, to the maximum extent 

practicable, avoid, minimize, and 

mitigate the impacts of any incidental 

take of the species through the following 

activities: avoiding or minimizing 

impacts to known or presumed 

occupied habitat (e.g., minimizing 

impacts to stream beds and banks, using 

trenchless pipeline installation); 

avoiding or minimizing impacts to 

sheepnose (e.g., avoiding or minimizing 

the crushing, killing, and burying of the 

species); protecting and restoring 

riparian buffers associated with 

occupied habitat; and relocating and 

monitoring sheepnose and other 

mussels within the assemblages that are 

impacted by a project to a suitable 

upstream or downstream site outside of 

the impact zone. 

Summary of Exclusions Considered 

Under 4(b)(2) of the Act 

In preparing this proposal, we have 

determined that no HCPs or other 

management plans for the rayed bean, 

snuffbox, and spectaclecase mussels 

currently exist, and the proposed 

designations do not include any Tribal 

lands or trust resources or any lands for 

which designation would have any 

economic or national security impacts. 

Therefore, we anticipate no impact on 

Tribal lands, partnerships, or HCPs from 

these proposed critical habitat 

designations. Therefore, as described 

above, we are not considering excluding 

any particular areas on the basis of the 

presence of conservation agreements or 

impacts to trust resources for the rayed 

bean, snuffbox, and spectaclecase 

mussels. 

We have reason to consider excluding 

all of SHNO 11 (Big Sunflower River) 

under section 4(b)(2) of the Act from the 

final critical habitat designation for the 

sheepnose given that both the species 

and this portion of critical habitat are 

covered by the Columbia Pipeline 

Group Multi-Species HCP (56 rmi (90 

rkm)). 

In conclusion, for this proposed rule, 

we have reason to consider excluding 

the area identified above from the final 

designation for the sheepnose based on 

other relevant impacts. We specifically 

solicit comments on the inclusion or 

exclusion of such areas. We also solicit 

comments on whether there are 

potential economic, national security, or 

other relevant impacts from designating 

any other particular areas as critical 

habitat, then as part of developing the 

final designations of critical habitat for 

all four species. As part of developing 

the final designations of critical habitat 

for these species, we will evaluate the 

information we receive regarding 

potential impacts from designating the 

area described above or any other 

particular areas, and we may conduct a 

discretionary exclusion analysis to 

determine whether to exclude those 

areas under the authority of section 

4(b)(2) and our implementing 

regulations at 50 CFR 424.19. If we 

receive a request for exclusion of a 

particular area and after evaluation of 

supporting information we do not 

exclude, we will fully explain our 

decision in the final rule for this action. 

Required Determinations 

Clarity of the Rule 

We are required by E.O.s 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. 

Regulatory Planning and Review 

(Executive Orders 12866, 13563 and 

14094) 

Executive Order 14094 amends and 

reaffirms the principles of E.O. 12866 

and E.O. 13563 and states that 

regulatory analysis should facilitate 

agency efforts to develop regulations 

that serve the public interest, advance 

statutory objectives, and are consistent 

with E.O.s 12866, 13563, and 14094. 

Regulatory analysis, as practicable and 

appropriate, shall recognize distributive 

impacts and equity, to the extent 

permitted by law. E.O. 13563 

emphasizes further that regulations 

must be based on the best available 

science and that the rulemaking process 

must allow for public participation and 

an open exchange of ideas. We have 

developed this proposed rule in a 

manner consistent with these 

requirements. 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.) 

Under the Regulatory Flexibility Act 

(RFA; 5 U.S.C. 601 et seq.), as amended 

by the Small Business Regulatory 

Enforcement Fairness Act of 1996 

(SBREFA; title II of Pub. L. 104–121, 

March 29, 1996), whenever an agency is 

required to publish a notice of 

rulemaking for any proposed or final 

rule, it must prepare and make available 

for public comment a regulatory 

flexibility analysis that describes the 

effects of the rule on small entities (i.e., 

small businesses, small organizations, 

and small government jurisdictions). 

However, no regulatory flexibility 

analysis is required if the head of the 

agency certifies the rule will not have a 

significant economic impact on a 

substantial number of small entities. 

The SBREFA amended the RFA to 

require Federal agencies to provide a 

certification statement of the factual 

basis for certifying that the rule will not 

have a significant economic impact on 

a substantial number of small entities. 

According to the Small Business 

Administration, small entities include 

small organizations such as 

independent nonprofit organizations; 

small governmental jurisdictions, 

including school boards and city and 

town governments that serve fewer than 

50,000 residents; and small businesses 

(13 CFR 121.201). Small businesses 

include manufacturing and mining 

concerns with fewer than 500 

employees, wholesale trade entities 

with fewer than 100 employees, retail 

and service businesses with less than $5 

million in annual sales, general and 

heavy construction businesses with less 

than $27.5 million in annual business, 

special trade contractors doing less than 

$11.5 million in annual business, and 

agricultural businesses with annual 

sales less than $750,000. To determine 

whether potential economic impacts to 

these small entities are significant, we 

considered the types of activities that 

might trigger regulatory impacts under 

this designation as well as types of 

project modifications that may result. In 

general, the term ‘‘significant economic 

impact’’ is meant to apply to a typical 

small business firm’s business 

operations. 

Under the RFA, as amended, as 

understood in light of recent court 

decisions, Federal agencies are required 

to evaluate the potential incremental 

impacts of rulemaking on those entities 


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directly regulated by the rulemaking 

itself; in other words, the RFA does not 

require agencies to evaluate the 

potential impacts to indirectly regulated 

entities. The regulatory mechanism 

through which critical habitat 

protections are realized is section 7 of 

the Act, which requires Federal 

agencies, in consultation with the 

Service, to ensure that any action 

authorized, funded, or carried out by the 

agency is not likely to destroy or 

adversely modify critical habitat. 

Therefore, under section 7, only Federal 

action agencies are directly subject to 

the specific regulatory requirement 

(avoiding destruction and adverse 

modification) imposed by critical 

habitat designation. Consequently, only 

Federal action agencies would be 

directly regulated if we adopt the 

proposed critical habitat designations. 

The RFA does not require evaluation of 

the potential impacts to entities not 

directly regulated. Moreover, Federal 

agencies are not small entities. 

Therefore, because no small entities 

would be directly regulated by this 

rulemaking, the Service certifies that, if 

made final as proposed, the critical 

habitat designations will not have a 

significant economic impact on a 

substantial number of small entities. 

In summary, we have considered 

whether the proposed designations 

would result in a significant economic 

impact on a substantial number of small 

entities. For the above reasons and 

based on currently available 

information, we certify that, if made 

final, the proposed critical habitat 

designations would not have a 

significant economic impact on a 

substantial number of small business 

entities. Therefore, an initial regulatory 

flexibility analysis is not required. 

Energy Supply, Distribution, or Use— 

Executive Order 13211 

Executive Order 13211 (Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use) requires agencies 

to prepare statements of energy effects 

‘‘to the extent permitted by law’’ when 

undertaking actions identified as 

significant energy actions (66 FR 28355; 

May 22, 2001). E.O. 13211 defines a 

‘‘significant energy action’’ as an action 

that (i) meets the definition of a 

‘‘significant regulatory action’’ under 

E.O. 12866, as amended by E.O. 14094; 

and (ii) is likely to have a significant 

adverse effect on the supply, 

distribution, or use of energy. In our 

economic analysis, we did not find that 

this proposed critical habitat 

designation would significantly affect 

energy supplies, distribution, or use. 

Facilities that provide energy supply, 

distribution, or use (e.g., dams, 

pipelines) occur within some of the 

units of the proposed critical habitat 

designations and may potentially be 

affected. We determined that 

consultations, technical assistance, and 

requests for species lists may be 

necessary in some instances. However, 

all four species have been listed under 

the Act since 2012, all critical habitat 

areas are considered to be occupied by 

the species, and, as a result, we are not 

expecting an increase in the number of 

consultations into the future across the 

designation of all four species. Thus, in 

our economic analysis, we did not find 

that these proposed critical habitat 

designations would significantly affect 

energy supplies, distribution, or use. 

Therefore, this action is not a significant 

energy action, and no statement of 

energy effects is required. 

Unfunded Mandates Reform Act (2 

U.S.C. 1501 et seq.) 

In accordance with the Unfunded 

Mandates Reform Act (2 U.S.C. 1501 et 

seq.), we make the following finding: 

(1) This proposed rule would not 

produce a Federal mandate. In general, 

a Federal mandate is a provision in 

legislation, statute, or regulation that 

would impose an enforceable duty upon 

State, local, or Tribal governments, or 

the private sector, and includes both 

‘‘Federal intergovernmental mandates’’ 

and ‘‘Federal private sector mandates.’’ 

These terms are defined in 2 U.S.C. 

658(5)–(7). ‘‘Federal intergovernmental 

mandate’’ includes a regulation that 

‘‘would impose an enforceable duty 

upon State, local, or Tribal 

governments’’ with two exceptions. It 

excludes ‘‘a condition of Federal 

assistance.’’ It also excludes ‘‘a duty 

arising from participation in a voluntary 

Federal program,’’ unless the regulation 

‘‘relates to a then-existing Federal 

program under which $500,000,000 or 

more is provided annually to State, 

local, and Tribal governments under 

entitlement authority,’’ if the provision 

would ‘‘increase the stringency of 

conditions of assistance’’ or ‘‘place caps 

upon, or otherwise decrease, the Federal 

Government’s responsibility to provide 

funding,’’ and the State, local, or Tribal 

governments ‘‘lack authority’’ to adjust 

accordingly. At the time of enactment, 

these entitlement programs were: 

Medicaid; Aid to Families with 

Dependent Children work programs; 

Child Nutrition; Food Stamps; Social 

Services Block Grants; Vocational 

Rehabilitation State Grants; Foster Care, 

Adoption Assistance, and Independent 

Living; Family Support Welfare 

Services; and Child Support 

Enforcement. ‘‘Federal private sector 

mandate’’ includes a regulation that 

‘‘would impose an enforceable duty 

upon the private sector, except (i) a 

condition of Federal assistance or (ii) a 

duty arising from participation in a 

voluntary Federal program.’’ 

The designation of critical habitat 

does not impose a legally binding duty 

on non-Federal Government entities or 

private parties. Under the Act, the only 

regulatory effect is that Federal agencies 

must ensure that their actions are not 

likely to destroy or adversely modify 

critical habitat under section 7. While 

non-Federal entities that receive Federal 

funding, assistance, or permits, or that 

otherwise require approval or 

authorization from a Federal agency for 

an action, may be indirectly impacted 

by the designation of critical habitat, the 

legally binding duty to avoid 

destruction or adverse modification of 

critical habitat rests squarely on the 

Federal agency. Furthermore, to the 

extent that non-Federal entities are 

indirectly impacted because they 

receive Federal assistance or participate 

in a voluntary Federal aid program, the 

Unfunded Mandates Reform Act would 

not apply, nor would critical habitat 

shift the costs of the large entitlement 

programs listed above onto State 

governments. 

(2) We do not believe that this 

rulemaking would significantly or 

uniquely affect small governments 

because it would affect such 

governments only to the extent that any 

programs having Federal funds, permits, 

or other authorized activities must 

ensure that their actions will not 

adversely affect the critical habitat. 

Therefore, a small government agency 

plan is not required. 

Takings—Executive Order 12630 

In accordance with E.O. 12630 

(Government Actions and Interference 

with Constitutionally Protected Private 

Property Rights), we have analyzed the 

potential takings implications of 

designating critical habitat for the rayed 

bean, sheepnose, snuffbox, and 

spectaclecase in a takings implications 

assessment. The Act does not authorize 

the Services to regulate private actions 

on private lands or confiscate private 

property as a result of critical habitat 

designation. Designation of critical 

habitat does not affect land ownership, 

or establish any closures or restrictions 

on use of or access to the designated 

areas. Furthermore, the designation of 

critical habitat does not affect 

landowner actions that do not require 

Federal funding or permits, nor does it 

preclude development of habitat 

conservation programs or issuance of 


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incidental take permits to permit actions 

that do require Federal funding or 

permits to go forward. However, Federal 

agencies are prohibited from carrying 

out, funding, or authorizing actions that 

would destroy or adversely modify 

critical habitat. A takings implications 

assessment has been completed for the 

proposed designations of critical habitat 

for the rayed bean, sheepnose, snuffbox, 

and spectaclecase, and it concludes that, 

if adopted, these designations of critical 

habitat do not pose significant takings 

implications for lands within or affected 

by the designations. 

Federalism—Executive Order 13132 

In accordance with E.O. 13132 

(Federalism), this proposed rule does 

not have significant federalism effects. 

A federalism summary impact statement 

is not required. In keeping with 

Department of the Interior and 

Department of Commerce policy, we 

requested information from, and 

coordinated development of these 

proposed critical habitat designations 

with, appropriate State resource 

agencies. From a federalism perspective, 

the designation of critical habitat 

directly affects only the responsibilities 

of Federal agencies. The Act imposes no 

other duties with respect to critical 

habitat, either for States and local 

governments, or for anyone else. As a 

result, the proposed rule does not have 

substantial direct effects either on the 

States, or on the relationship between 

the Federal government and the States, 

or on the distribution of powers and 

responsibilities among the various 

levels of government. The proposed 

designations may have some benefit to 

these governments because the areas 

that contain the features essential to the 

conservation of the species are more 

clearly defined, and the physical or 

biological features of the habitat 

necessary for the conservation of the 

species are specifically identified. This 

information does not alter where and 

what federally sponsored activities may 

occur. However, it may assist State and 

local governments in long-range 

planning because they no longer have to 

wait for case-by-case section 7 

consultations to occur. 

Where State and local governments 

require approval or authorization from a 

Federal agency for actions that may 

affect critical habitat, consultation 

under section 7(a)(2) of the Act would 

be required. While non-Federal entities 

that receive Federal funding, assistance, 

or permits, or that otherwise require 

approval or authorization from a Federal 

agency for an action, may be indirectly 

impacted by the designation of critical 

habitat, the legally binding duty to 

avoid destruction or adverse 

modification of critical habitat rests 

squarely on the Federal agency. 

Civil Justice Reform—Executive Order 

12988 

In accordance with E.O. 12988 (Civil 

Justice Reform), the Office of the 

Solicitor has determined that this 

rulemaking would not unduly burden 

the judicial system and that it meets the 

requirements of sections 3(a) and 3(b)(2) 

of the Order. We have proposed 

designating critical habitat in 

accordance with the provisions of the 

Act. To assist the public in 

understanding the habitat needs of the 

species, this proposed rule identifies the 

physical or biological features essential 

to the conservation of the species. The 

proposed areas of critical habitat are 

presented on maps, and the proposed 

rule provides several options for the 

interested public to obtain more 

detailed location information, if desired. 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.) 

This rulemaking does not contain 

information collection requirements, 

and a submission to the Office of 

Management and Budget (OMB) under 

the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.) is not required. 

We may not conduct or sponsor and you 

are not required to respond to a 

collection of information unless it 

displays a currently valid OMB control 

number. 

National Environmental Policy Act (42 

U.S.C. 4321 et seq.) 

Regulations adopted pursuant to 

section 4(a) of the Act are exempt from 

the National Environmental Policy Act 

(NEPA; 42 U.S.C. 4321 et seq.) and do 

not require an environmental analysis 

under NEPA. We published a document 

outlining our reasons for this 

determination in the Federal Register 

on October 25, 1983 (48 FR 49244). This 

includes listing, delisting, and 

reclassification rules, as well as critical 

habitat designations. In a line of cases 

starting with Douglas County v. Babbitt, 

48 F.3d 1495 (9th Cir. 1995), the courts 

have upheld this position. 

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, May 4, 

1994), E.O. 13175 (Consultation and 

Coordination with Indian Tribal 

Governments), the President’s 

memorandum of November 30, 2022 

(Uniform Standards for Tribal 

Consultation; 87 FR 74479, December 5, 

2022), and the Department of the 

Interior’s manual at 512 DM 2, we 

readily acknowledge our responsibility 

to communicate meaningfully with 

federally recognized Tribes and Alaska 

Native Corporations (ANCs) 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 contacted 33 Tribal entities that own 

or manage lands and/or have known 

cultural interests within the ranges of 

the four mussel species, and we 

requested information related to Tribal 

management of these four species and/ 

or updated information about these 

species and/or their habitats. No Tribes 

responded to our information request. 

No portions of the proposed 

designations overlap with Tribal lands. 

We will continue to work with relevant 

Tribal entities during the development 

of a final rule for the designation of 

critical habitat for the rayed bean, 

sheepnose, snuffbox, and spectaclecase. 

We have determined that no Tribal 

lands fall within the boundaries of the 

proposed critical habitat for these 

species, so no Tribal lands would be 

affected by the proposed designation. 

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 Illinois-Iowa 

(sheepnose), Minnesota-Wisconsin 

(spectaclecase), or Ohio (rayed bean and 

snuffbox) 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 Illinois-Iowa, 

Minnesota-Wisconsin, and Ohio 

Ecological Services Field Offices. 

List of Subjects in 50 CFR Part 17 

Endangered and threatened species, 

Exports, Imports, Plants, Reporting and 

recordkeeping requirements, 

Transportation, Wildlife. 


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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: 

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 revising the entries for 

‘‘Mussel, rayed bean’’, ‘‘Sheepnose’’, 

‘‘Snuffbox (mussel)’’, and 

‘‘Spectaclecase’’ under CLAMS to read 

as follows: 

§ 17.11 Endangered and threatened 

wildlife. 

* * * * * 

(h) * * * 

Common name Scientific name Where listed Status Listing citations and 

applicable rules 

*******

CLAMS

* * * * * * * 

Mussel, rayed bean ............ Villosa fabalis .................... Wherever found ................. E 77 FR 8632, 2/14/2012; 50 CFR 

17.95(f).CH

* * * * * * * 

Sheepnose ......................... Plethobasus cyphyus ........ Wherever found ................. E 77 FR 14914, 3/13/2012; 50 CFR 

17.95(f).CH

* * * * * * * 

Snuffbox (mussel) .............. Epioblasma triquetra ......... Wherever found ................. E 77 FR 8632, 2/14/2012; 50 CFR 

17.95(f).CH

Spectaclecase .................... Cumberlandia monodonta Wherever found ................. E 77 FR 14914, 3/13/2012; 50 CFR 

17.95(f).CH

* * * * * * * 

■ 3. In § 17.95, amend paragraph (f) by: 

■ a. Adding an entry for ‘‘Rayed Bean 

Mussel (Villosa fabalis)’’ following the 

entry for ‘‘Carolina Heelsplitter 

(Lasmigona decorata)’’; and 

■ b. Adding entries for ‘‘Sheepnose 

(Plethobasus cyphyus)’’, ‘‘Snuffbox 

Mussel (Epioblasma triquetra)’’, and 

‘‘Spectaclecase (Cumberlandia 

monodonta)’’ following the entry for 

‘‘Georgia Pigtoe (Pleurobema 

hanleyianum)’’. 

The additions read as follows: 

§ 17.95 Critical habitat—fish and wildlife. 

* * * * * 

(f) Clams and Snails. 

* * * * * 

Rayed Bean Mussel (Villosa fabalis) 

(1) Critical habitat units are depicted 

for Carroll, DeKalb, Pulaski, Steuben, 

Tippecanoe, and White Counties, 

Indiana; Lenawee, Oakland, and St. 

Clair Counties, Michigan; Allegany and 

Cattaraugus Counties, New York; 

Franklin, Hancock, Hardin, Logan, 

Lucas, Madison, Shelby, Union, and 

Williams Counties, Ohio; and 

Armstrong, Butler, Clarion, Crawford, 

Erie, Forest, McKean, Mercer, Venango, 

and Warren Counties, Pennsylvania, on 

the maps in this entry. 

(2) Within these areas, the physical or 

biological features essential to the 

conservation of the rayed bean mussel 

consist of the following components 

within waters and streambeds up to the 

ordinary high-water mark: 

(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 is 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 rayed bean and its 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 

dissolved oxygen (generally above 2 to 

3 parts per million (ppm)), salinity 

(generally below 2 to 4 ppm), and 

temperature (generally below 86 °F (30 

°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 the recruitment 

of the rayed bean mussel (darter and 

sculpin species). 

(3) Critical habitat does not include 

human-made structures (such as 

buildings, aqueducts, runways, roads, 

and other paved areas) and the land on 

which they are located existing within 

the legal boundaries on the effective 

date of the final rule. 

(4) Data layers defining map units 

were created using the 1984 World 

Geographic System ellipsoid or the 1983 

North American datum, and the 

associated geographic coordinate 

system. The National Hydrography 

Dataset Plus High Resolution was used 

to create the critical habitat units. The 

maps in this entry, as modified by any 

accompanying regulatory text, establish 

the boundaries of the critical habitat 

designation. 

(5) Index map follows: 

Figure 1 to Rayed Bean Mussel (Villosa 

fabalis) paragraph (5) 


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(6) RABE 1: Black River; St. Clair 

County, Michigan. 

(i) RABE 1 consists of 32 river miles 

(rmi) (51 river kilometers (rkm)) of the 

Black River and Mill Creek in St. Clair 

County, Michigan. The unit includes the 

river channel up to the ordinary highwater mark. 

(A) 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. 

(B) The Mill Creek portion of the unit 

includes 24 rmi (38 rkm) in St. Clair 

County, Michigan, from the confluence 

with Thompson Drain northwest of 

Brockway Township downstream to the 

confluence with Black River at Ruby. 

(ii) Map of RABE 1 follows: 

Figure 2 to Rayed Bean Mussel (Villosa 

fabalis) paragraph (6)(ii) 


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(7) RABE 2: Pine River; St. Clair 

County, Michigan. 

(i) 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, in St. Clair County, 

Michigan. The unit includes the river 

channel up to the ordinary high-water 

mark. 

(ii) Map of RABE 2 follows: 

Figure 3 to Rayed Bean Mussel (Villosa 

fabalis) paragraph (7)(ii) 


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(8) RABE 3: Belle River; St. Clair 

County, Michigan. 

(i) 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. 

(ii) Map of RABE 3 follows: 

Figure 4 to Rayed Bean Mussel (Villosa 

fabalis) paragraph (8)(ii) 


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(9) RABE 4: River Raisin; Lenawee 

County, Michigan. 

(i) 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. 

(ii) Map of RABE 4 follows: 

Figure 5 to Rayed Bean Mussel (Villosa 

fabalis) paragraph (9)(ii) 


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(10) RABE 5: Clinton River; Oakland 

County, Michigan. 

(i) 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. 

(ii) Map of RABE 5 follows: 

Figure 6 to Rayed Bean Mussel (Villosa 

fabalis) paragraph (10)(ii) 


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(11) RABE 6: Fish Creek; Steuben and 

DeKalb Counties, Indiana, and Williams 

County, Ohio. 

(i) 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. 

(ii) Map of RABE 6 follows: 

Figure 7 to Rayed Bean Mussel (Villosa 

fabalis) paragraph (11)(ii) 

BILLING CODE 4333–15–P 


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(12) RABE 7: Swan Creek; Lucas 

County, Ohio. 

(i) 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. 

(ii) Map of RABE 7 follows: 

Figure 8 to Rayed Bean Mussel (Villosa 

fabalis) paragraph (12)(ii) 


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(13) RABE 8: Blanchard River; Hardin 

and Hancock Counties, Ohio. 

(i) 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. 

(ii) Map of RABE 8 follows: 

Figure 9 to Rayed Bean Mussel (Villosa 

fabalis) paragraph (13)(ii) 


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(14) RABE 9: Allegheny River; 

Allegany and Cattaraugus Counties, 

New York, and McKean County, 

Pennsylvania. 

(i) 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 

unit includes the river channel up to the 

ordinary high-water mark. 

(A) The Allegheny River portion of 

this unit includes 13 rmi (21 rkm) in 

Cattaraugus County, New York, from the 

confluence of Oswayo Creek just west of 

Portville to the Interstate 86 Bridge in 

Allegany. 

(B) The Olean Creek portion of this 

unit includes 8 rmi (14 rkm) in 

Cattaraugus County, New York, from the 

confluence with Oil Creek in Hinsdale 

downstream to the confluence with 

Allegheny River in Olean. 

(C) The Oil Creek portion of this unit 

includes 7 rmi (11 rkm) from the 

Interstate 86 Bridge near the Cattaraugus 

County/Allegany County line in New 

York downstream to the confluence 

with Olean Creek in Hinsdale 

(Cattaraugus County, New York). 

(D) The Oswayo Creek portion of this 

unit includes 4 rmi (6 rkm) from 

Pennsylvania/New York State Line in 

McKean County, Pennsylvania, and 

Allegany County, New York, 

downstream to the confluence with 

Allegheny River just west of Portville 

(Cattaraugus County, New York). 

(ii) Map of RABE 9 follows: 


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Figure 10 to Rayed Bean Mussel (Villosa 

fabalis) paragraph (14)(ii) 

(15) RABE 10: Middle Allegheny 

River; Armstrong, Butler, Clarion, 

Forest, Venango, and Warren Counties, 

Pennsylvania. 

(i) 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 highwater mark. 

(ii) Map of RABE 10 follows: 

Figure 11 to Rayed Bean Mussel (Villosa 

fabalis) paragraph (15)(ii) 


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(16) RABE 11: French Creek; 

Crawford, Erie, Mercer, and Venango 

Counties, Pennsylvania. 

(i) 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 unit 

includes the river channel up to the 

ordinary high-water mark. 

(A) The French Creek portion of this 

unit includes 77 rmi (124 rkm) from the 

Union City Reservoir Dam northeast of 

Union City (Erie County, Pennsylvania) 

downstream to the confluence with 

Allegheny River near Franklin (Venango 

County, Pennsylvania). 

(B) The LeBoeuf Creek portion of this 

unit includes 3 rmi (5 rkm) in Erie 

County, Pennsylvania, from the State 

Highway 97 Bridge in Waterford 

Township downstream to the 

confluence with French Creek in 

Leboeuf Township. 

(C) The Muddy Creek portion of this 

unit includes 14 rmi (23 rkm) in 

Crawford County, Pennsylvania, from 

Pennsylvania Highway 77 near Little 

Cooley downstream to the confluence 

with French Creek east of Cambridge 

Springs. 

(D) The Cussewago Creek portion of 

this unit includes 6 rmi (10 rkm) in 

Crawford County, Pennsylvania, from 

the Rogers Ferry Road Bridge in 

Hayfield Township downstream to the 

confluence with French Creek in 

Meadville. 


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(ii) Map of RABE 11 is provided at 

paragraph (15)(ii) of this entry. 

(17) RABE 12: Little Darby Creek; 

Madison and Union Counties, Ohio. 

(i) 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 highwater mark. 

(ii) Map of RABE 12 follows: 

Figure 12 to Rayed Bean Mussel (Villosa 

fabalis) paragraph (17)(ii) 

(18) RABE 13: Big Darby Creek; 

Franklin, Madison, and Union Counties, 

Ohio. 

(i) 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. 

(ii) Map of RABE 13 is provided at 

paragraph (17)(ii) of this entry. 

(19) RABE 14: Great Miami River; 

Logan and Shelby Counties, Ohio. 

(i) 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 


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includes the river channel up to the 

ordinary high-water mark. 

(ii) Map of RABE 14 follows: 

Figure 13 to Rayed Bean Mussel (Villosa 

fabalis) paragraph (19)(ii) 

(20) RABE 15: Tippecanoe River; 

Carroll, Pulaski, Tippecanoe, and White 

Counties, Indiana. 

(i) 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. 

(ii) Map of RABE 15 follows: 

Figure 14 to Rayed Bean Mussel (Villosa 

fabalis) paragraph (20)(ii) 


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BILLING CODE 4333–15–C 

* * * * * 

Sheepnose (Plethobasus cyphyus) 

(1) Critical habitat units are depicted 

for Grundy, Kankakee, and Will 

Counties, Illinois; Fulton, Marshall, 

Pulaski, Starke, and White Counties, 

Indiana; Butler, Edmonson, Green, Hart, 

Livingston, Marshall, McCracken, 

Taylor, and Warren Counties, Kentucky; 

Bolivar and Sunflower Counties, 

Mississippi; Franklin, Jefferson, and 

Saint Louis Counties, Missouri; 

Coshocton County, Ohio; Forest and 

Venango Counties, Pennsylvania; 

Claiborne and Hancock Counties, 

Tennessee; Lee, Russell, Scott, and Wise 

Counties, Virginia; and Buffalo, Dunn, 

Eau Claire, and Pepin Counties, 

Wisconsin, on the maps in this entry. 

(2) Within these areas, the physical or 

biological features essential to the 

conservation of the sheepnose consist of 

the following components within waters 

and streambeds up to the ordinary highwater mark: 

(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 is 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 


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patterns over time without an aggrading 

or degrading bed elevation) that support 

the sheepnose and its 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 

dissolved oxygen (generally above 2 to 

3 parts per million (ppm)), salinity 

(generally below 2 to 4 ppm), and 

temperature (generally below 86 °F (30 

°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 

sheepnose (mimic shiner (Notropis 

volucellus) and sauger (Sander 

canadensis)). 

(3) Critical habitat does not include 

human-made structures (such as 

buildings, aqueducts, runways, roads, 

and other paved areas) and the land on 

which they are located existing within 

the legal boundaries on the effective 

date of the final rule. 

(4) Data layers defining map units 

were created using the 1984 World 

Geographic System ellipsoid or the 1983 

North American datum, and the 

associated geographic coordinate 

system. The National Hydrography 

Dataset Plus High Resolution was used 

to create the critical habitat units. The 

maps in this entry, as modified by any 

accompanying regulatory text, establish 

the boundaries of the critical habitat 

designation. 

(5) Index map follows: 

BILLING CODE 4333–15–P 

Figure 1 to Sheepnose (Plethobasus 

cyphyus) paragraph (5) 

(6) SHNO 1: Lower Chippewa River; 

Buffalo, Dunn, Eau Claire, and Pepin, 

Counties, Wisconsin. 

(i) SHNO 1 consists of 57 river miles 

(rmi) (92 river kilometers (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. 

(ii) Map of SHNO 1 follows: 

Figure 2 to Sheepnose (Plethobasus 

cyphyus) paragraph (6)(ii) 


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(7) SHNO 2: Kankakee River; Grundy, 

Kankakee, and Will Counties, Illinois. 

(i) 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. 

(ii) Map of SHNO 2 follows: 

Figure 3 to Sheepnose (Plethobasus 

cyphyus) paragraph (7)(ii) 


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(8) SHNO 3: Meramec and Bourbeuse 

Rivers; Franklin, Jefferson, Phelps, and 

Saint Louis Counties, Missouri. 

(i) SHNO 3 consists of 153 rmi (246 

rkm) of the Meramec and Bourbeuse 

Rivers in Franklin, Jefferson, and Saint 

Louis Counties, Missouri. The unit 

includes the river channel up to the 

ordinary high-water mark. 

(A) This unit contains 90 rmi (145 

rkm) of the Meramec River from its 

confluence with Rye Creek (Franklin 

County, Missouri) downstream to its 

confluence with the Mississippi River 

(Jefferson County, Missouri). 

(B) This unit contains 63 rmi (101 

rkm) of the Bourbeuse River from its 

confluence with Little Creek 

downstream to its confluence with the 

Meramec River, in Franklin County, 

Missouri. 

(ii) Map of SHNO 3 follows: 

Figure 4 to Sheepnose (Plethobasus 

cyphyus) paragraph (8)(ii) 


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(9) SHNO 4: Middle AlleghenyTionesta; Forest and Venango Counties, 

Pennsylvania. 

(i) 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 highwater mark. 

(ii) Map of SHNO 4 follows: 

Figure 5 to Sheepnose (Plethobasus 

cyphyus) paragraph (9)(ii) 


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(10) SHNO 5: Upper Green; Butler, 

Edmonson, Green, Hart, Taylor, and 

Warren Counties, Kentucky. 

(i) 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. 

(ii) Map of SHNO 5 follows: 

Figure 6 to Sheepnose (Plethobasus 

cyphyus) paragraph (10)(ii) 


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(11) SHNO 6: Tippecanoe River; 

Fulton, Marshall, Pulaski, Starke, and 

White Counties, Indiana. 

(i) SHNO 6 consists of 84 rmi (135 

rkm) of the Tippecanoe River in Fulton, 

Marshall, Pulaski, Starke, and White 

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. 

(ii) Map of SHNO 6 follows: 

Figure 7 to Sheepnose (Plethobasus 

cyphyus) paragraph (11)(ii) 


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(12) SHNO 7: Walhonding River; 

Coshocton County, Ohio. 

(i) SHNO 7 consists of 24 rmi (38 rkm) 

of the Walhonding River in Coshocton 

County, Ohio. This units extends from 

the confluency of the Kokosing River 

and the Mohican River at Walhonding 

downstream to the confluence with the 

Tuscarawas River, in Coshocton County, 

Ohio. The unit includes the river 

channel up to the ordinary high-water 

mark. 

(ii) Map of SHNO 7 follows: 

Figure 8 to Sheepnose (Plethobasus 

cyphyus) paragraph (12)(ii) 


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(13) SHNO 8: Lower Tennessee River; 

Livingston, Marshall, and McCracken 

Counties, Kentucky. 

(i) 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. 

(ii) Map of SHNO 8 follows: 

Figure 9 to Sheepnose (Plethobasus 

cyphyus) paragraph (13)(ii) 


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(14) SHNO 9: Upper Clinch River; 

Russell, Scott, and Wise Counties, 

Virginia, and Hancock County, 

Tennessee. 

(i) 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. 

(ii) Map of SHNO 9 follows: 

Figure 10 to Sheepnose (Plethobasus 

cyphyus) paragraph (14)(ii) 


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(15) SHNO 10: Powell River; Lee 

County, Virginia, and Claiborne and 

Hancock Counties, Tennessee. 

(i) 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. 

(ii) Map of SHNO 10 is provided at 

paragraph (14)(ii) of this entry. 

(16) SHNO 11: Big Sunflower River; 

Bolivar and Sunflower Counties, 

Mississippi. 

(i) 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. 

(ii) Map of SHNO 11 follows: 

Figure 11 to Sheepnose (Plethobasus 

cyphyus) paragraph (16)(ii) 


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BILLING CODE 4333–15–C 

Snuffbox Mussel (Epioblasma triquetra) 

(1) Critical habitat units for the 

snuffbox mussel are depicted on the 

maps in this entry for Jackson, Madison, 

and Marshall Counties, Alabama; 

Lawrence, Randolph, and Sharp 

Counties, Arkansas; Coles, Cumberland, 

and Douglas Counties, Illinois; Carroll, 

Huntington, Pulaski, Tippecanoe, and 

White Counties, Indiana; Bath, Bracken, 

Bullitt, Butler, Campbell, Carter, Clay, 

Edmonson, Fleming, Green, Greenup, 

Hardin, Harrison, Hart, Kenton, LaRue, 

Lee, Leslie, Lewis, Marion, Menifee, 

Montgomery, Nelson, Nicholas, Owsley, 

Pendleton, Powell, Robertson, Rowan, 

Taylor, Warren, and Wolfe Counties, 

Kentucky; Ionia, Kent, Livingston, and 

Oakland Counties, Michigan; Chisago 

and Washington Counties, Minnesota; 

Franklin, Gasconade, Jefferson, 

Madison, Phelps, Saint Louis, and 

Wayne Counties, Missouri; Ashtabula, 

Franklin, Lake, Madison, Marion, 

Miami, Montgomery, and Union 

Counties, Ohio; Crawford, Erie, 

Lebanon, Mercer, and Venango 

Counties, Pennsylvania; Claiborne, 

Giles, Grainger, Hancock, Lincoln, 

Marshall, and Maury Counties, 

Tennessee; Lee, Russell, Scott, 

Tazewell, and Wise Counties, Virginia; 

Braxton, Calhoun, Clay, Doddridge, 

Gilmer, Harrison, Kanawha, Lewis, 

Pleasants, Ritchie, Tyler, Wirt, and 

Wood Counties, West Virginia; and 

Pierce, Polk, Shawano, St. Croix, and 

Waupaca Counties, Wisconsin. 

(2) Within these areas, the physical or 

biological features essential to the 

conservation of the snuffbox mussel 

consist of the following components 

within waters and streambeds up to the 

ordinary high-water mark: 

(i) Adequate flows, or a hydrological 

flow regime (magnitude, timing, 


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frequency, duration, rate of change, and 

overall seasonality of discharge over 

time), necessary to maintain benthic 

habitats where the species is 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 snuffbox and its 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 

dissolved oxygen (generally above 2 to 

3 parts per million (ppm)), salinity 

(generally below 2 to 4 ppm), and 

temperature (generally below 86 °F (30 

°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 

snuffbox (logperch (Percina caprodes), 

and darter and sculpin species). 

(3) Critical habitat does not include 

human-made structures (such as 

buildings, aqueducts, runways, roads, 

and other paved areas) and the land on 

which they are located existing within 

the legal boundaries on the effective 

date of the final rule. 

(4) Data layers defining map units 

were created using the 1984 World 

Geographic System ellipsoid or the 1983 

North American datum, and the 

associated geographic coordinate 

system. The National Hydrography 

Dataset Plus High Resolution was used 

to create the critical habitat units. The 

maps in this entry, as modified by any 

accompanying regulatory text, establish 

the boundaries of the critical habitat 

designation. 

(5) Index map follows: 

BILLING CODE 4333–15–P 

Figure 1 to Snuffbox Mussel 

(Epioblasma triquetra) paragraph (5) 

(6) SNBO 1: Wolf River; Shawano 

County, Wisconsin. 

(i) SNBO 1 consists of 8 river miles 

(rmi) (13 river kilometers (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. 

(ii) Map of SNBO 1 follows: 

Figure 2 to Snuffbox Mussel 

(Epioblasma triquetra) paragraph 

(6)(ii) 


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(7) SNBO 2: Embarrass River; 

Shawano County, Wisconsin. 

(i) 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. The unit includes the river 

channel up to the ordinary high-water 

mark. 

(A) The Embarrass River portion of 

this unit includes 5 rmi (7 rkm) in 

Shawano County, Wisconsin, from the 

Caroline Dam in Grant downstream to 

its confluence with North Branch 

Embarrass River. 

(B) The South Branch Embarrass River 

portion of this unit includes 12 rmi (19 

rkm) in Shawano County, Wisconsin, 

from Spaulding Street (County Road M) 

in Tigerton downstream to its 

confluence with Embarrass River in 

Grant. 

(C) The North Branch Embarrass River 

portion of this unit includes 2 rmi (3 

rkm) in Shawano County, Wisconsin, 

from the dam in Leopolis downstream 

to its confluence with Embarrass River. 

(ii) Map of SNBO 2 follows: 

Figure 3 to Snuffbox Mussel 

(Epioblasma triquetra) paragraph 

(7)(ii) 


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(8) SNBO 3: Little Wolf River; 

Waupaca County, Wisconsin. 

(i) 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. 

(ii) Map of SNBO 3 follows: 

Figure 4 to Snuffbox Mussel 

(Epioblasma triquetra) paragraph 

(8)(ii) 


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101164 Federal Register / Vol. 89, No. 240 / Friday, December 13, 2024 / Proposed Rules 

(9) SNBO 4: Grand River (Michigan); 

Ionia and Kent Counties, Michigan. 

(i) SNBO 4 consists of 41 rmi (65 rkm) 

of the Grand River and the Flat River in 

Ionia and Kent Counties, Michigan. The 

unit includes the river channel up to the 

ordinary high-water mark. 

(A) The Grand River portion of this 

unit includes 40 rmi (64 rkm) and 

extends from the Webber Dam upstream 

of Lyons (Ionia County, Michigan) 

downstream to its confluence with the 

Thornapple River in Ada (Kent County, 

Michigan). 

(B) The Flat River portion of this unit 

includes 0.5 rmi (0.8 rkm) in Kent 

County, Michigan, from West State 

Highway 21 in Lowell downstream to its 

confluence with the Grand River in 

Lowell. 

(ii) Map of SNBO 4 follows: 

Figure 5 to Snuffbox Mussel 

(Epioblasma triquetra) paragraph 

(9)(ii) 


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Federal Register / Vol. 89, No. 240 / Friday, December 13, 2024 / Proposed Rules 101165 

(10) SNBO 5: Clinton River; Oakland 

County, Michigan. 

(i) 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. 

(ii) Map of SNBO 5 follows: 

Figure 6 to Snuffbox Mussel 

(Epioblasma triquetra) paragraph 

(10)(ii) 


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101166 Federal Register / Vol. 89, No. 240 / Friday, December 13, 2024 / Proposed Rules 

(11) SNBO 6: Huron River; Livingston 

County, Michigan. 

(i) 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 highwater mark. 

(ii) Map of SNBO 6 follows: 

Figure 7 to Snuffbox Mussel 

(Epioblasma triquetra) paragraph 

(11)(ii) 


khammond on DSK9W7S144PROD with PROPOSALS2EP13DE24.031</GPH>
Federal Register / Vol. 89, No. 240 / Friday, December 13, 2024 / Proposed Rules 101167 

(12) SNBO 7: Grand River (Ohio); 

Ashtabula and Lake Counties, Ohio. 

(i) 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. 

(ii) Map of SNBO 7 follows: 

Figure 8 to Snuffbox Mussel 

(Epioblasma triquetra) paragraph 

(12)(ii) 


khammond on DSK9W7S144PROD with PROPOSALS2EP13DE24.032</GPH>
101168 Federal Register / Vol. 89, No. 240 / Friday, December 13, 2024 / Proposed Rules 

(13) SNBO 8: Allegheny River; 

Venango County, Pennsylvania. 

(i) 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 highwater mark. 

(ii) Map of SNBO 8 follows: 

Figure 9 to Snuffbox Mussel 

(Epioblasma triquetra) paragraph 

(13)(ii) 


khammond on DSK9W7S144PROD with PROPOSALS2EP13DE24.033</GPH>
Federal Register / Vol. 89, No. 240 / Friday, December 13, 2024 / Proposed Rules 101169 

BILLING CODE 4333–15–C 

(14) SNBO 9: French Creek; Crawford, 

Erie, Lebanon, Mercer, and Venango 

Counties, Pennsylvania. 

(i) 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 

unit includes the river channel up to the 

ordinary high-water mark. 

(A) 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). 

(B) The West Branch French Creek 

portion of this unit includes 19 rmi (30 

rkm) in Erie County, Pennsylvania, 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. 

(C) The LeBoeuf Creek portion of this 

unit includes 3 rmi (5 rkm) in Erie 

County, Pennsylvania, from U.S. 

Highway 19 downstream to its 

confluence with French Creek in Le 

Boeuf Township. 

(D) 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 


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101170 Federal Register / Vol. 89, No. 240 / Friday, December 13, 2024 / Proposed Rules 

French Creek in Meadville (Crawford 

County, Pennsylvania). 

(E) The Woodcock Creek portion of 

this unit includes 4 rmi (6 rkm) in 

Crawford County, Pennsylvania, from 

the Woodcock Dam downstream to its 

confluence with French Creek in 

Saegertown. 

(F) The Muddy Creek portion of this 

unit includes 14 rmi (22 rkm) in 

Crawford County, Pennsylvania, from 

Pennsylvania Highway 77 near Little 

Cooley downstream to its confluence 

with French Creek east of Cambridge 

Springs. 

(G) The Conneaut Outlet portion of 

this unit includes 14 rmi (23 rkm) in 

Crawford County, Pennsylvania, from 

Conneaut Lake downstream to its 

confluence with French Creek in 

Fairfield Township. 

(ii) Map of SNBO 9 is provided at 

paragraph (13)(ii) of this entry. 

(15) SNBO 10: West Fork River; 

Harrison and Lewis Counties, West 

Virginia. 

(i) 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. 

(ii) Map of SNBO 10 follows: 

BILLING CODE 4333–15–P 

Figure 10 to Snuffbox Mussel 

(Epioblasma triquetra) paragraph 

(15)(ii) 

(16) SNBO 11: Shenango River; 

Crawford and Mercer Counties, 

Pennsylvania. 

(i) SNBO 11 consists of 28 rmi (45 

rkm) of the Shenango River and the 

Little Shenango River in Crawford and 

Mercer Counties, Pennsylvania. The 

unit includes the river channel up to the 

ordinary high-water mark. 

(A) The Shenango River portion of the 

unit includes 24 rmi (39 rkm) from Dam 

Road at the Pymatuning Reservoir Dam 

outlet (Crawford County, Pennsylvania) 

downstream to the point of inundation 

by Shenango River Lake near Big Bend 

(Mercer County, Pennsylvania). 

(B) The Little Shenango River portion 

of this unit includes 4 rmi (6 rkm) in 

Mercer County, Pennsylvania, from the 

County Road 4017 Bridge (Werner Road 

Bridge) downstream to its confluence 

with the Shenango River in Greenville. 

(ii) Map of SNBO 11 follows: 

Figure 11 to Snuffbox Mussel 

(Epioblasma triquetra) paragraph 

(16)(ii) 


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Federal Register / Vol. 89, No. 240 / Friday, December 13, 2024 / Proposed Rules 101171 

(17) SNBO 12: Middle Island Creek; 

Doddridge, Tyler, and Pleasants 

Counties, West Virginia. 

(i) 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 unit includes the river 

channel up to the ordinary high-water 

mark. 

(A) 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 (Doddridge County, West 

Virginia), downstream to its confluence 

with the Ohio River at St. Mary’s 

(Pleasants County, West Virginia). 

(B) The Meathouse Fork portion of 

this unit includes approximately 7 rmi 

(11 rkm) in Doddridge County, West 

Virginia, from the State Highway 18 

Bridge southeast of Blandville 

downstream to the where Beaver Creek 

and Meathouse Creek join and form 

Middle Island Creek. 

(C) The McElroy Creek portion of this 

units includes approximately 5 rmi (8 

rkm) in Tyler County, West Virginia, 

from the Whitetail Lane Bridge to its 

confluence with Middle Island Creek in 

Alma. 

(ii) Map of SNBO 12 follows: 

Figure 12 to Snuffbox Mussel 

(Epioblasma triquetra) paragraph 

(17)(ii) 


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101172 Federal Register / Vol. 89, No. 240 / Friday, December 13, 2024 / Proposed Rules 

(18) SNBO 13: Little Kanawha River; 

Braxton, Calhoun, Gilmer, Ritchie, Wirt, 

and Wood Counties, West Virginia. 

(i) 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, Wirt, and Wood 

Counties, West Virginia. The unit 

includes the river channel up to the 

ordinary high-water mark. 

(A) The Little Kanawha River portion 

of this unit includes approximately 127 

rmi (204 rkm) from the Burnsville Dam 

(Braxton County, West Virginia) 

downstream to its confluence with the 

Ohio River in Parkersburg (Wood 

County, West Virginia). 

(B) The Leading Creek portion of this 

unit includes approximately 12 rmi (20 

rkm) in Gilmer County, West Virginia, 

from the Ellis Run Road Bridge 

southwest of Troy downstream to the 

confluence with the Little Kanawha 

River northwest of Glenville. 

(C) The Hughes River portion of this 

unit includes approximately 7 rmi (12 

rkm) in Wirt County, West Virginia, 

from the convergence of the North and 

South Forks Hughes River in Freeport 

downstream to its confluence of the 

Little Kanawha River in Greencastle. 

(D) 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 its convergence with the 

South Fork Hughes River in Freeport 

(Wirt County, West Virginia). 

(E) 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 its 

convergence with the North Fork 

Hughes River in Freeport (Wirt County, 

West Virginia). 

(ii) Map of SNBO 13 follows: 

Figure 13 to Snuffbox Mussel 

(Epioblasma triquetra) paragraph 

(18)(ii) 


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Federal Register / Vol. 89, No. 240 / Friday, December 13, 2024 / Proposed Rules 101173 

(19) SNBO 14: Kanawha River; 

Braxton, Clay, and Kanawha Counties, 

West Virginia. 

(i) 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 unit 

includes the river channel up to the 

ordinary high-water mark. 

(A) The Kanawha River portion of this 

unit includes 5 rmi (8 rkm) in Kanawha 

County, West Virginia, from its 

confluence with the Elk River in 

Charleston downstream to the 

westbound crossing of Interstate 64 in 

western Charleston. 

(B) The Elk River portion of this unit 

includes 102 rmi (164 rkm) from Sutton 

Dam in Braxton and Webster Counties, 

West Virginia, downstream to the 

confluence with the Kanawha River in 

Charleston (Kanawha County, West 

Virginia). 

(ii) Map of SNBO 14 follows: 

Figure 14 to Snuffbox Mussel 

(Epioblasma triquetra) paragraph 

(19)(ii) 


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101174 Federal Register / Vol. 89, No. 240 / Friday, December 13, 2024 / Proposed Rules 

(20) SNBO 15: Olentangy River; 

Marion County, Ohio. 

(i) 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. 

(ii) Map of SNBO 15 follows: 

Figure 15 to Snuffbox Mussel 

(Epioblasma triquetra) paragraph 

(20)(ii) 


khammond on DSK9W7S144PROD with PROPOSALS2EP13DE24.039</GPH>
Federal Register / Vol. 89, No. 240 / Friday, December 13, 2024 / Proposed Rules 101175 

(21) SNBO 16: Little Darby Creek; 

Madison and Union Counties, Ohio. 

(i) 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 highwater mark. 

(ii) Map of SNBO 16 follows: 

Figure 16 to Snuffbox Mussel 

(Epioblasma triquetra) paragraph 

(21)(ii) 


khammond on DSK9W7S144PROD with PROPOSALS2EP13DE24.040</GPH>
101176 Federal Register / Vol. 89, No. 240 / Friday, December 13, 2024 / Proposed Rules 

(22) SNBO 17: Big Darby Creek; 

Franklin, Madison, and Union Counties, 

Ohio. 

(i) SNBO 17 consists of 38 rmi (60 

rkm) of Big Darby Creek in Franklin, 

Madison, and Union 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. 

(ii) Map of SNBO 17 is provided at 

paragraph (21)(ii) of this entry. 

(23) SNBO 18: Stillwater River; Miami 

and Montgomery Counties, Ohio. 

(i) 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. 

(ii) Map of SNBO 18 follows: 

Figure 17 to Snuffbox Mussel 

(Epioblasma triquetra) paragraph 

(23)(ii) 


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Federal Register / Vol. 89, No. 240 / Friday, December 13, 2024 / Proposed Rules 101177 

(24) SNBO 19: Tygarts Creek; Carter 

and Greenup Counties, Kentucky. 

(i) 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. 

(ii) Map of SNBO 19 follows: 

Figure 18 to Snuffbox Mussel 

(Epioblasma triquetra) paragraph 

(24)(ii) 


khammond on DSK9W7S144PROD with PROPOSALS2EP13DE24.042</GPH>
101178 Federal Register / Vol. 89, No. 240 / Friday, December 13, 2024 / Proposed Rules 

BILLING CODE 4333–15–C 

(25) SNBO 20: Kinniconick Creek; 

Lewis County, Kentucky. 

(i) 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. 

(ii) Map of SNBO 20 provided at 

paragraph (24)(ii) of this entry. 

(26) SNBO 21: Licking River; Bath, 

Bracken, Campbell, Fleming, Harrison, 

Kenton, Menifee, Montgomery, 

Nicholas, Pendleton, Robertson, and 

Rowan Counties, Kentucky. 

(i) 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 unit includes the river 

channel up to the ordinary high-water 

mark. 

(A) The Licking River portion of this 

unit includes 179 rmi (288 rkm) from 

the Cave Run Dam in Bath/Rowan 

Counties, Kentucky, downstream to its 

confluence with the Ohio River in 

Covington (Kenton County, Kentucky). 

(B) 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 its 

confluence with the Licking River in 

Bath County, Kentucky. 

(ii) Map of SNBO 21 follows: 

BILLING CODE 4333–15–P 

Figure 19 to Snuffbox Mussel 

(Epioblasma triquetra) paragraph 

(26)(ii) 


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Federal Register / Vol. 89, No. 240 / Friday, December 13, 2024 / Proposed Rules 101179 

(27) SNBO 22: Middle Fork Kentucky 

River; Leslie County, Kentucky. 

(i) 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. 

(ii) Map of SNBO 22 follows: 

Figure 20 to Snuffbox Mussel 

(Epioblasma triquetra) paragraph 

(27)(ii) 


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101180 Federal Register / Vol. 89, No. 240 / Friday, December 13, 2024 / Proposed Rules 

(28) SNBO 23: Red Bird River; Clay, 

Lee, and Owsley Counties, Kentucky. 

(i) SNBO 23 consists of 60 rmi (96 

rkm) of the Red Bird River and the 

South Fork Kentucky River in Clay, Lee, 

and Owsley Counties, Kentucky. The 

unit includes the river channel up to the 

ordinary high-water mark. 

(A) The Red Bird River portion of this 

unit extends from the East Hal Roger 

Parkway downstream to its confluence 

with the South Fork Kentucky River 

near Oneida, in Clay County, Kentucky. 

(B) 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). 

(ii) Map of SNBO 23 follows: 

Figure 21 to Snuffbox Mussel 

(Epioblasma triquetra) paragraph 

(28)(ii) 


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Federal Register / Vol. 89, No. 240 / Friday, December 13, 2024 / Proposed Rules 101181 

(29) SNBO 24: Red River; Menifee, 

Powell, and Wolfe Counties, Kentucky. 

(i) 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. 

(ii) Map of SNBO 24 follows: 

Figure 22 to Snuffbox Mussel 

(Epioblasma triquetra) paragraph 

(29)(ii) 


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101182 Federal Register / Vol. 89, No. 240 / Friday, December 13, 2024 / Proposed Rules 

(30) SNBO 25: Green River; Butler, 

Edmonson, Green, Hart, Taylor, and 

Warren Counties, Kentucky. 

(i) 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 Green River Lake Dam 

south of Campbellsville (Taylor County, 

Kentucky) downstream to its confluence 

with the Barren River at Woodbury 

(Warren/Butler Counties, Kentucky). 

The unit includes the river channel up 

to the ordinary high-water mark. 

(ii) Map of SNBO 25 follows: 

Figure 23 to Snuffbox Mussel 

(Epioblasma triquetra) paragraph 

(30)(ii) 


khammond on DSK9W7S144PROD with PROPOSALS2EP13DE24.047</GPH>
Federal Register / Vol. 89, No. 240 / Friday, December 13, 2024 / Proposed Rules 101183 

(31) SNBO 26: Salamonie River; 

Huntington County, Indiana. 

(i) 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 highwater mark. 

(ii) Map of SNBO 26 follows: 

Figure 24 to Snuffbox Mussel 

(Epioblasma triquetra) paragraph 

(31)(ii) 


khammond on DSK9W7S144PROD with PROPOSALS2EP13DE24.048</GPH>
101184 Federal Register / Vol. 89, No. 240 / Friday, December 13, 2024 / Proposed Rules 

(32) SNBO 27: Tippecanoe River; 

Carroll, Pulaski, Tippecanoe, and White 

Counties, Indiana. 

(i) 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. 

(ii) Map of SNBO 27 follows: 

Figure 25 to Snuffbox Mussel 

(Epioblasma triquetra) paragraph 

(32)(ii) 


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Federal Register / Vol. 89, No. 240 / Friday, December 13, 2024 / Proposed Rules 101185 

(33) SNBO 28: Embarras River; Coles, 

Cumberland, and Douglas Counties, 

Illinois. 

(i) 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. 

(ii) Map of SNBO 28 follows: 

Figure 26 to Snuffbox Mussel 

(Epioblasma triquetra) paragraph 

(33)(ii) 


khammond on DSK9W7S144PROD with PROPOSALS2EP13DE24.050</GPH>
101186 Federal Register / Vol. 89, No. 240 / Friday, December 13, 2024 / Proposed Rules 

(34) SNBO 29: Rolling Fork Salt River; 

Bullitt, Hardin, LaRue, Marion, and 

Nelson Counties, Kentucky. 

(i) 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 its confluence with North 

Rolling Fork near State Highway 337 in 

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. 

(ii) Map of SNBO 29 follows: 

Figure 27 to Snuffbox Mussel 

(Epioblasma triquetra) paragraph 

(34)(ii) 


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Federal Register / Vol. 89, No. 240 / Friday, December 13, 2024 / Proposed Rules 101187 

(35) SNBO 30: Clinch River; Russell, 

Scott, Tazewell, and Wise Counties 

Virginia, and Claiborne, Grainger, and 

Hancock Counties, Tennessee. 

(i) 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. 

(ii) Map of SNBO 30 follows: 

Figure 28 to Snuffbox Mussel 

(Epioblasma triquetra) paragraph 

(35)(ii) 


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101188 Federal Register / Vol. 89, No. 240 / Friday, December 13, 2024 / Proposed Rules 

(36) SNBO 31: Powell River; Lee 

County, Virginia, and Claiborne and 

Hancock Counties, Tennessee. 

(i) 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. 

(ii) Map of SNBO 31 is provided at 

paragraph (35)(ii) of this entry. 

(37) SNBO 32: Paint Rock River; 

Jackson, Madison, and Marshall 

Counties, Alabama. 

(i) 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. 

(ii) Map of SNBO 32 follows: 

Figure 29 to Snuffbox Mussel 

(Epioblasma triquetra) paragraph 

(37)(ii) 


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Federal Register / Vol. 89, No. 240 / Friday, December 13, 2024 / Proposed Rules 101189 

(38) SNBO 33: Elk River; Giles and 

Lincoln Counties, Tennessee. 

(i) 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. 

(ii) Map of SNBO 33 follows: 

Figure 30 to Snuffbox Mussel 

(Epioblasma triquetra) paragraph 

(38)(ii) 


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101190 Federal Register / Vol. 89, No. 240 / Friday, December 13, 2024 / Proposed Rules 

(39) SNBO 34: Duck River; Marshall 

and Maury Counties, Tennessee. 

(i) 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. 

(ii) Map of SNBO 34 follows: 

Figure 31 to Snuffbox Mussel 

(Epioblasma triquetra) paragraph 

(39)(ii) 


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Federal Register / Vol. 89, No. 240 / Friday, December 13, 2024 / Proposed Rules 101191 

(40) SNBO 35: St. Croix River; Pierce, 

Polk, and St. Croix Counties, Wisconsin, 

and Chisago and Washington Counties, 

Minnesota. 

(i) 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 its 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. 

(ii) Map of SNBO 35 follows: 

Figure 32 to Snuffbox Mussel 

(Epioblasma triquetra) paragraph 

(40)(ii) 


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101192 Federal Register / Vol. 89, No. 240 / Friday, December 13, 2024 / Proposed Rules 

(41) SNBO 36: Meramec River; 

Franklin, Gasconade, Jefferson, Phelps, 

and Saint Louis Counties, Missouri. 

(i) 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 unit 

includes the river channel up to the 

ordinary high-water mark. 

(A) The Meramec River portion of this 

unit includes 92 rmi (148 rkm) 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). 

(B) The Bourbeuse River portion of 

this unit includes 135 rmi (217 rkm) 

from the County Road B Bridge in 

Dawson Township (Phelps County, 

Missouri) downstream to its confluence 

with the Meramec River (Franklin 

County, Missouri). 

(ii) Map of SNBO 36 follows: 

Figure 33 to Snuffbox Mussel 

(Epioblasma triquetra) paragraph 

(41)(ii) 


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Federal Register / Vol. 89, No. 240 / Friday, December 13, 2024 / Proposed Rules 101193 

(42) SNBO 37: St. Francis River; 

Madison and Wayne Counties, Missouri. 

(i) SNBO 37 consists of 58 rmi (93 

rkm) of the St. Francis River in Madison 

and Wayne Counties, Missouri. This 

unit extends from the St. Francis River’s 

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. 

(ii) Map of SNBO 37 follows: 

Figure 34 to Snuffbox Mussel 

(Epioblasma triquetra) paragraph 

(42)(ii) 


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101194 Federal Register / Vol. 89, No. 240 / Friday, December 13, 2024 / Proposed Rules 

(43) SNBO 38: Spring River; 

Lawrence, Randolph, and Sharp 

Counties, Arkansas. 

(i) SNBO 38 consists of 33 rmi (53 

rkm) of the Spring River in Sharp, 

Lawrence, and Randolph Counties, 

Arkansas. This unit extends from the 

Spring River’s confluence with Ott 

Creek southeast of Hardy in Sharp 

County, Arkansas, downstream to its 

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. 

(ii) Map of SNBO 38 follows: 

Figure 35 to Snuffbox Mussel 

(Epioblasma triquetra) paragraph 

(43)(ii) 


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Federal Register / Vol. 89, No. 240 / Friday, December 13, 2024 / Proposed Rules 101195 

BILLING CODE 4333–15–C 

Spectaclecase (Cumberlandia 

monodonta) 

(1) Critical habitat units for 

spectaclecase are depicted on the maps 

in this entry for Colbert, Lauderdale, 

Lawrence, Limestone, Madison, 

Marshall, and Morgan Counties, 

Alabama; Clark, Dallas, Hot Spring, and 

Ouachita Counties, Arkansas; Hancock, 

Henderson, Mercer, and Rock Island 

Counties, Illinois; Des Moines, Lee, 

Louisa, Muscatine, and Scott Counties, 

Iowa; Butler, Edmonson, Hart, and 

Warren Counties, Kentucky; Chisago 

and Washington Counties, Minnesota; 

Tishomingo County, Mississippi; 

Crawford, Franklin, Gasconade, 

Jefferson, Laclede, Maries, Osage, 

Phelps, Pulaski, Saint Louis, Texas, and 

Washington Counties, Missouri; 

Claiborne, Cocke, Grainger, Greene, 

Hamblen, Hancock, Hardin, and 

Jefferson Counties, Tennessee; Russell, 

Scott, and Wise Counties, Virginia; 

Kanawha County, West Virginia; and 

Pierce, Polk, and St. Croix Counties, 

Wisconsin. 

(2) Within these areas, the physical or 

biological features essential to the 

conservation of spectaclecase consist of 

the following components within waters 

and streambeds up to the ordinary highwater mark: 

(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 is 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 spectaclecase and its 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 

dissolved oxygen (generally above 2 to 

3 parts per million (ppm)), salinity 

(generally below 2 to 4 ppm), and 

temperature (generally below 86 °F (30 

°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 

spectaclecase (mooneye (Hiodon 

tergisus) and goldeye (Hiodon 

alosoides)). 

(3) Critical habitat does not include 

human-made structures (such as 

buildings, aqueducts, runways, roads, 

and other paved areas) and the land on 

which they are located existing within 

the legal boundaries on the effective 

date of the final rule. 

(4) Data layers defining map units 

were created using the 1984 World 

Geographic System ellipsoid or the 1983 

North American datum, and the 

associated geographic coordinate 

system. The National Hydrography 

Dataset Plus High Resolution was used 

to create the critical habitat units. The 

maps in this entry, as modified by any 

accompanying regulatory text, establish 

the boundaries of the critical habitat 

designation. 

BILLING CODE 4333–15–P 

(5) Index map follows: 

Figure 1 to Spectaclecase 

(Cumberlandia monodonta) 

paragraph (5) 


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101196 Federal Register / Vol. 89, No. 240 / Friday, December 13, 2024 / Proposed Rules 

(6) SPCA 1: St. Croix River; Chisago 

and Washington Counties, Minnesota, 

and Pierce, Polk, and St. Croix Counties, 

Wisconsin. 

(i) SPCA 1 is on the border between 

the States of Minnesota and Wisconsin 

and consists of 53 river miles (rmi) (86 

river kilometers (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 its confluence with the 

Mississippi River at Prescott (Pierce 

County, Wisconsin). The unit includes 

the river channel up to the ordinary 

high-water mark. 

(ii) Map of SPCA 1 follows: 

Figure 2 to Spectaclecase 

(Cumberlandia monodonta) 

paragraph (6)(ii) 


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Federal Register / Vol. 89, No. 240 / Friday, December 13, 2024 / Proposed Rules 101197 

(7) SPCA 2: Mississippi River; Des 

Moines, Lee, Louisa, Muscatine, and 

Scott Counties, Iowa, and Hancock, 

Henderson, Mercer, and Rock Island 

Counties, Illinois. 

(i) 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. 

(ii) Map of SPCA 2 follows: 

Figure 3 to Spectaclecase 

(Cumberlandia monodonta) 

paragraph (7)(ii) 


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101198 Federal Register / Vol. 89, No. 240 / Friday, December 13, 2024 / Proposed Rules 

(8) SPCA 3: Meramec River; Crawford, 

Franklin, Jefferson, Saint Louis, and 

Washington Counties, Missouri. 

(i) 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. 

(ii) Map of SPCA 3 follows: 

Figure 4 to Spectaclecase 

(Cumberlandia monodonta) 

paragraph (8)(ii) 


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Federal Register / Vol. 89, No. 240 / Friday, December 13, 2024 / Proposed Rules 101199 

(9) SPCA 4: Big River; Jefferson 

County, Missouri. 

(i) 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 

unit includes the river channel up to the 

ordinary high-water mark. 

(ii) Map of SPCA 4 is provided at 

paragraph (8)(ii) in this entry. 

(10) SPCA 5: Gasconade River; 

Gasconade, Laclede, Maries, Osage, 

Phelps, and Pulaski Counties, Missouri. 

(i) 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. 

(ii) Map of SPCA 5 follows: 

Figure 5 to Spectaclecase 

(Cumberlandia monodonta) 

paragraph (10)(ii) 


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101200 Federal Register / Vol. 89, No. 240 / Friday, December 13, 2024 / Proposed Rules 

(11) SPCA 6: Big Piney River; Phelps, 

Pulaski, and Texas Counties, Missouri. 

(i) SPCA 6 consists of 53 rmi (86 rkm) 

of the Big Piney River in Pulaski, 

Phelps, and Texas Counties, Missouri. 

This unit is composed of two subunits. 

SPCA 6 includes the river channel up to 

the ordinary high-water mark. 

(A) 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). 

(B) Subunit SPCA 6b extends from the 

downstream end of Fort Leonard Wood 

Military Training Facility (Pulaski 

County, Missouri) to the Big Piney 

River’s confluence with the Gasconade 

River, near Hooker (Pulaski County, 

Missouri). 

(ii) Map of SPCA 6 is provided at 

paragraph (10)(ii) of this entry. 

(12) SPCA 7: Ouachita River; Clark, 

Dallas, Hot Springs, and Ouachita 

Counties, Arkansas. 

(i) 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 


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Federal Register / Vol. 89, No. 240 / Friday, December 13, 2024 / Proposed Rules 101201 

includes the river channel up to the 

ordinary high-water mark. 

(ii) Map of SPCA 7 follows: 

Figure 6 to Spectaclecase 

(Cumberlandia monodonta) 

paragraph (12)(ii) 

(13) SPCA 8: Tennessee River; 

Colbert, Lauderdale, Lawrence, 

Limestone, Madison, Marshall, and 

Morgan Counties, Alabama; Tishomingo 

County, Mississippi; and Hardin 

County, Tennessee. 

(i) 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. 

(ii) Map of SPCA 8 follows: 

Figure 7 to Spectaclecase 

(Cumberlandia monodonta) 

paragraph (13)(ii) 


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101202 Federal Register / Vol. 89, No. 240 / Friday, December 13, 2024 / Proposed Rules 

(14) SPCA 9: Clinch River; Russell, 

Scott, and Wise Counties, Virginia, and 

Claiborne, Grainger, and Hancock 

Counties, Tennessee. 

(i) 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. Critical habitat 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. 

(ii) Map of SPCA 9 follows: 

Figure 8 to Spectaclecase 

(Cumberlandia monodonta) 

paragraph (14)(ii) 


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Federal Register / Vol. 89, No. 240 / Friday, December 13, 2024 / Proposed Rules 101203 

(15) SPCA 10: Nolichucky River; 

Cocke, Greene, Hamblen, and Jefferson 

Counties, Tennessee. 

(i) 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 its 

confluence with the French Broad River 

near Leadvale (Cocke County, 

Tennessee). The unit includes the river 

channel up to the ordinary high-water 

mark. 

(ii) Map of SPCA 10 follows: 

Figure 9 to Spectaclecase 

(Cumberlandia monodonta) 

paragraph (15)(ii) 


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101204 Federal Register / Vol. 89, No. 240 / Friday, December 13, 2024 / Proposed Rules 

(16) SPCA 11: Green River; Butler, 

Edmonson, Hart, and Warren Counties, 

Kentucky. 

(i) 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 its 

confluence with the Barren River near 

Woodbury (Warren County, Kentucky). 

The unit includes the river channel up 

to the ordinary high-water mark. 

(ii) Map of SPCA 11 follows: 

Figure 10 to Spectaclecase 

(Cumberlandia monodonta) 

paragraph (16)(ii) 


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Federal Register / Vol. 89, No. 240 / Friday, December 13, 2024 / Proposed Rules 101205 

(17) SPCA 12: Kanawha River; 

Kanawha County, West Virginia. 

(i) SPCA 12 consists of 16 rmi (25 

rkm) of the Kanawha River in 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. 

(ii) Map of SPCA 12 follows: 

Figure 11 to Spectaclecase 

(Cumberlandia monodonta) 

paragraph (17)(ii) 


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101206 Federal Register / Vol. 89, No. 240 / Friday, December 13, 2024 / Proposed Rules 

* * * * * 

Martha Williams, 

Director, U.S. Fish and Wildlife Service. 

[FR Doc. 2024–28316 Filed 12–12–24; 8:45 am] 

BILLING CODE 4333–15–C 


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