`[Federal Register Volume 89, Number 240 (Friday, December 13, 2024)]
[Proposed Rules]
[Pages 101100-101206]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28316]



[[Page 101099]]

Vol. 89

Friday,

No. 240

December 13, 2024

Part II





 Department of the Interior





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 Fish and Wildlife Service





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50 CFR Part 17





Endangered and Threatened Wildlife and Plants; Designation of Critical 
Habitat for the Rayed Bean, Sheepnose, Snuffbox, and Spectaclecase 
Mussels; Proposed Rule

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

[[Page 101100]]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R3-ES-2024-0144; FXES1111090FEDR-256-FF09E21000]
RIN 1018-BH73


Endangered and Threatened Wildlife and Plants; Designation of 
Critical Habitat for the Rayed Bean, Sheepnose, Snuffbox, and 
Spectaclecase Mussels

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to 
designate critical habitat for the rayed bean (Villosa fabalis), 
sheepnose (Plethobasus cyphyus), snuffbox (Epioblasma triquetra), and 
spectaclecase (Cumberlandia monodonta), all species of freshwater 
mussels, under the Endangered Species Act of 1973, as amended (Act). 
Specifically, we propose to designate approximately 560 river miles 
(rmi) (902 river kilometers (rkm)) in 15 units as critical habitat for 
rayed bean; approximately 801 rmi (1,289 rkm) in 11 units as critical 
habitat for sheepnose; approximately 2,472 rmi (3,979 rkm) in 38 units 
as critical habitat for snuffbox; and approximately 1,143 rmi (1,839 
rkm) in 12 units as critical habitat for spectaclecase. Portions of 
these proposed designations overlap among the four species; in total, 
approximately 3,974 rmi (6,396 rkm) of unique critical habitat within 
76 units across 17 States (Alabama, Arkansas, Illinois, Indiana, Iowa, 
Kentucky, Michigan, Minnesota, Mississippi, Missouri, New York, Ohio, 
Pennsylvania, Tennessee, Virginia, West Virginia, and Wisconsin) fall 
within the boundaries of the proposed critical habitat designations. We 
also announce the availability of an economic analysis of the proposed 
designations of critical habitat for all four species.

DATES: We will accept comments received or postmarked on or before 
February 11, 2025. Comments submitted electronically using the Federal 
eRulemaking Portal (see ADDRESSES, below) must be received by 11:59 
p.m. eastern time on the closing date. We must receive requests for a 
public hearing, in writing, at the address shown in FOR FURTHER 
INFORMATION CONTACT by January 27, 2025.

ADDRESSES: Written comments: You may submit comments by one of the 
following methods:
    (1) Electronically: Go to the Federal eRulemaking Portal: 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/rayed-bean-villosa-fabalis; sheepnose: https://www.fws.gov/species/sheepnose-plethobasus-cyphyus; snuffbox: https://www.fws.gov/species/snuffbox-epioblasma-triquetra; spectaclecase: 
https://www.fws.gov/species/spectaclecase-cumberlandia-monodonta).

FOR FURTHER INFORMATION CONTACT: Rayed bean and snuffbox: Erin Knoll, 
Field Supervisor, U.S. Fish and Wildlife Service, Ohio Ecological 
Services Field Office, 4625 Morse Road, Suite 104, Columbus, OH 43230; 
telephone 614-416-8993; sheepnose: Kraig McPeek, Field Supervisor, U.S. 
Fish and Wildlife Service, Illinois-Iowa Ecological Services Field 
Office, 1511 47th Avenue, Moline, IL 61265; telephone 309-757-5800; 
spectaclecase: Betsy Galbraith, Acting Field Supervisor, U.S. Fish and 
Wildlife Service, Minnesota-Wisconsin Ecological Services Field Office, 
3815 American Boulevard East, Bloomington, MN 55425; telephone 952-858-
0793. Individuals in the United States who are deaf, deafblind, hard of 
hearing, or have a speech disability may dial 711 (TTY, TDD, or 
TeleBraille) to access telecommunications relay services. Individuals 
outside the United States should use the relay services offered within 
their country to make international calls to the point-of-contact in 
the United States. Please see Docket No. FWS-R3-ES-2024-0144 on 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

[[Page 101101]]

interested parties concerning this proposed rule. We particularly seek 
comments concerning:
    (1) Specific information related to critical habitat, such as:
    (a) The amount and distribution of rayed bean, sheepnose, snuffbox, 
and spectaclecase habitat;
    (b) Any additional areas occurring within the range of the species 
(Alabama, Arkansas, Illinois, Indiana, Iowa, Kentucky, Michigan, 
Minnesota, Mississippi, Missouri, New York, Ohio, Pennsylvania, 
Tennessee, Virginia, West Virginia, and Wisconsin) that should be 
included in the designation because they (i) are occupied at the time 
of listing and contain the physical or biological features that are 
essential to the conservation of the species and that may require 
special management considerations or protection, or (ii) are unoccupied 
at the time of listing and are essential for the conservation of the 
species; and
    (c) Special management considerations or protection that may be 
needed in critical habitat areas we are proposing, including managing 
for the potential effects of climate change.
    (2) Land use designations and current or planned activities in the 
subject areas and their possible impacts on proposed critical habitat.
    (3) Any probable economic, national security, or other relevant 
impacts of designating any area that may be included in the final 
designations, and the related benefits of including or excluding 
specific areas.
    (4) Information on the extent to which the description of probable 
economic impacts in the economic analysis is a reasonable estimate of 
the likely economic impacts and any additional information regarding 
probable economic impacts that we should consider.
    (5) Whether any specific areas we are proposing for critical 
habitat designation should be considered for exclusion under section 
4(b)(2) of the Act, and whether the benefits of potentially excluding 
any specific area outweigh the benefits of including that area, in 
particular for those areas included within the Columbia Pipeline Group 
Multi-Species Habitat Conservation Plan (formally NiSource; for more 
information, see our website at: https://www.fws.gov/project/columbia-pipeline-group-mshcp-formally-nisource). 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

[[Page 101102]]

consultation with other species experts. The SSA reports represent a 
compilation of the best scientific and commercial data available 
concerning the status of the species, including the impacts of past, 
present, and future factors (both negative and beneficial) affecting 
the species.
    In accordance with our joint policy on peer review published in the 
Federal Register on July 1, 1994 (59 FR 34270), and our August 22, 
2016, memorandum updating and clarifying the role of peer review in 
listing and recovery actions under the Act, we solicited independent 
scientific review of the information contained in the SSA reports for 
the rayed bean (Service 2022a, entire), sheepnose (Service 2022b, 
entire), snuffbox (Service 2022c, entire), and spectaclecase (Service 
2022d, entire). We sent the SSA reports to 10 independent peer 
reviewers and received 9 responses. We incorporated the results of 
these reviews, as appropriate, into the SSA reports, which are the 
foundation for this proposed rule.
    Results of the structured peer review process and all of the SSA 
reports can be found at 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

[[Page 101103]]

available, to use primary and original sources of information as the 
basis for recommendations to designate critical habitat.
    When we are determining which areas should be designated as 
critical habitat, our primary source of information is generally the 
information compiled in the SSA report and information developed during 
the listing process for the species. Additional information sources may 
include any generalized conservation strategy, criteria, or outline 
that may have been developed for the species; the recovery plan for the 
species; articles in peer-reviewed journals; conservation plans 
developed by States and counties; scientific status surveys and 
studies; biological assessments; other unpublished materials; or 
experts' opinions or personal knowledge.
    Habitat is dynamic, and species may move from one area to another 
over time. We recognize that critical habitat designated at a 
particular point in time may not include all of the habitat areas that 
we may later determine are necessary for the recovery of the species. 
For these reasons, a critical habitat designation does not signal that 
habitat outside the designated area is unimportant or may not be needed 
for recovery of the species. Areas that are important to the 
conservation of the species, both inside and outside the critical 
habitat designation, will continue to be subject to: (1) Conservation 
actions implemented under section 7(a)(1) of the Act; (2) regulatory 
protections afforded by the requirement in section 7(a)(2) of the Act 
for Federal agencies to ensure their actions are not likely to 
jeopardize the continued existence of any endangered or threatened 
species; and (3) the prohibitions found in section 9 of the Act. 
Federally funded or permitted projects affecting listed species outside 
their designated critical habitat areas may still result in jeopardy 
findings in some cases. These protections and conservation tools will 
continue to contribute to recovery of the species. Similarly, critical 
habitat designations made on the basis of the best scientific data 
available at the time of designation will not control the direction and 
substance of future recovery plans, habitat conservation plans (HCPs), 
or other species conservation planning efforts if new information 
available at the time of those planning efforts calls for a different 
outcome.

Physical or Biological Features Essential to the Conservation of the 
Species

    In accordance with section 3(5)(A)(i) of the Act and regulations at 
50 CFR 424.12(b), in determining which areas we will designate as 
critical habitat from within the geographical area occupied by the 
species at the time of listing, we consider the physical or biological 
features that are essential to the conservation of the species and 
which may require special management considerations or protection. The 
regulations at 50 CFR 424.02 define ``physical or biological features 
essential to the conservation of the species'' as the features that 
occur in specific areas and that are essential to support the life-
history needs of the species, including, but not limited to, water 
characteristics, soil type, geological features, sites, prey, 
vegetation, symbiotic species, or other features. A feature may be a 
single habitat characteristic or a more complex combination of habitat 
characteristics. Features may include habitat characteristics that 
support ephemeral or dynamic habitat conditions. Features may also be 
expressed in terms relating to principles of conservation biology, such 
as patch size, distribution distances, and connectivity. For example, 
physical features essential to the conservation of the species might 
include gravel of a particular size required for spawning, alkaline 
soil for seed germination, protective cover for migration, or 
susceptibility to flooding or fire that maintains necessary early-
successional habitat characteristics. Biological features might include 
prey species, forage grasses, specific kinds or ages of trees for 
roosting or nesting, symbiotic fungi, or absence of a particular level 
of nonnative species consistent with conservation needs of the listed 
species. The features may also be combinations of habitat 
characteristics and may encompass the relationship between 
characteristics or the necessary amount of a characteristic essential 
to support the life history of the species.
    In considering whether features are essential to the conservation 
of the species, we may consider an appropriate quality, quantity, and 
spatial and temporal arrangement of habitat characteristics in the 
context of the life-history needs, condition, and status of the 
species. These characteristics include, but are not limited to, space 
for individual and population growth and for normal behavior; food, 
water, air, light, minerals, or other nutritional or physiological 
requirements; cover or shelter; sites for breeding, reproduction, or 
rearing (or development) of offspring; and habitats that are protected 
from disturbance.

General Mussel Biology

    Freshwater mussels, including the rayed bean, sheepnose, snuffbox, 
and spectaclecase mussels, have a complex life history that involves 
parasitic larvae, called glochidia, which are wholly reliant on host 
fish(es). As adult freshwater mussels are generally sessile, 
suspension-feeders that spend their entire lives partially or 
completely buried within the substrate (Call 1900, p. 459; Watters 
1994, p. 105; West et al. 2000, p. 251), dispersal occurs solely 
through the behavior of their host fish(es). Mussels are broadcast 
spawners; males release sperm into the water column, which is taken in 
by the female. Fertilized eggs develop into microscopic larvae called 
glochidia within special gill chambers on the female mussel, and remain 
with the female until they are mature and ready for release as 
glochidia, to attach to their host fish(es) (Haag 2012, pp. 37-42).
    Glochidia will perish if they fail to attach to a suitable species 
of host fish, attach to a fish that has developed immunity from prior 
infestations, or attach to the wrong location on a host fish (Neeves 
1991, p. 254; Bogan 1993, p. 599). Successful glochidia enyst (enclose 
in a cyst-like structure) on the host's tissue, draw nutrients from the 
host's tissue, and develop into juvenile mussels (Arey 1932, pp. 214-
215). After a period of time when the glochidia transform into 
juveniles, they will excyst (drop off) from the fish and drop to the 
substrate on the bottom of the stream. Juveniles that drop in 
unsuitable substrates perish because their immobility prevents them 
from relocating to more favorable habitat. Juveniles burrow into 
interstitial substrates and grow to larger sizes that are less 
susceptible to predation and displacement from high-flow events (Yeager 
et al. 1994, p. 220). Adult mussels remain within the same general 
location where they excysted from their host fish as juveniles.

Habitat Conditions, Suitable Substrates, and Flow Conditions

    All life stages of the rayed bean, sheepnose, snuffbox, and 
spectaclecase mussels require flowing water for survival. In general, 
all four species occur within small- to medium-sized creeks, to larger 
rivers, with rayed bean and snuffbox occasionally occurring along wave-
washed shores of lakes (Call 1900, p. 459; Ortman 1919, p. 68; 
Stansbery 1967, entire; Buchanan 1980, p. 13; Neeves 1991, pp. 280-281;

[[Page 101104]]

Cummings and Mayer 1992, pp. 50, 142, 162; Watters 1994, p. 105; Oesch 
1995, p. 121; Parmalee and Bogan, 1998; pp. 50, 77, 108, 177, 244; 
Baird 2000, p. 5-6; West et al. 2000, pp. 251, 253; Badra 2002, pers. 
comm.; Butler 2002, p. 6; Williams et al. 2008, p. 498; Jones et al. 
2019, p. 205). Within these areas, rayed bean typically occur in or 
near shoal or riffle (short, shallow length of stream where the stream 
flows more rapidly) areas, and in the shallow wave-washed areas of 
glacial lakes over gravel and sand substrates (West et al. 2000, p. 
253). Sheepnose typically occur in shallow shoal habitats with moderate 
to swift currents--ranging from riffles of a few inches in depth to 
runs that exceed 20 feet (6 meters) in larger rivers--over mixtures of 
coarse sand, gravel, and clay (Ortman 1919, p. 68; Cummings and Mayer 
1992, p. 50; Oesch 1995, p. 121; Parmalee and Bogan 1998, pp. 77, 177; 
Jones et al. 2019, p. 205). Snuffbox typically occur in swift currents 
of riffles and shoals in rivers and streams and the wave-washed shores 
of lakes over gravel and sand with occasional cobble and boulders 
(Cummings and Mayer 1992, p. 162; Parmaleee and Bogan 1998, p. 108). 
Spectaclecase typically occur in rivers and streams with slow to swift 
currents--often in quiet water near the interface of swift currents--
over substrates that range from mud and sand to gravel, cobble, and 
boulders within relatively shallow riffles and shoals (Stansbery 1967, 
p. 29-30; Buchanan 1980, p. 13; Parmalee and Bogan 1998, p. 50; Baird 
2000, p. 5-6).
    Appropriate flow is critical for delivering oxygen and nutrients 
for respiration and filtration (i.e., survival and growth), essential 
for reproduction to allow glochidia to move to their host and encyst, 
as well as removing silt and other fine sediments from within rock 
structures and crevices, which prevents mussel suffocation and 
degradation of mussel and/or host-fish shelter habitats. Normal 
fluctuations in flow velocity are expected; however, extreme changes 
can be detrimental. Significant and/or prolonged increases in velocity, 
typically associated with flood conditions, has the potential to 
dislodge and scour mussels and move the bed, destroying habitat for the 
mussels and their host fishes (Holland-Bartels 1990, pp. 331-332; 
Layzer and Madison 1995, p. 135). Further, abnormally high velocities 
have the potential to cause glochidia mortality due to wash out and 
displacement of juveniles and adults. Alternatively, extreme low flows, 
typically associated with drought or water withdrawals, can impact 
reproduction, feeding, respiration, and in some cases, result in 
exposure and/or desiccation of the species (Fisher and LaVoy 1972 pp. 
1473-1476; Stegman 2020, entire). Although some individuals are found 
in areas that experience seasonal low flows, areas that experience 
periodic drying or intermittent flow generally cannot support mussel 
assemblages.
    Appropriate water quality is critical to the survival, 
reproduction, and persistence of all life stages of freshwater mussels. 
Point and non-point source contaminants result in water quality and 
habitat degradation. Contaminants alter the chemical, physical, and 
biological characteristics of a stream, resulting in lethal and sub-
lethal effects to mussels and their fish hosts. Although specific data 
for these parameters with respect to these four species are not 
directly available, mussels in general are similar in terms of 
sensitivity to certain thresholds, depending on the life stage exposed. 
In general, mussels need water temperatures below 86 degrees Fahrenheit 
(30 degrees Celsius), dissolved oxygen concentrations greater than 5 
milligrams per liter (Pandolfo 2010, entire), and water quality 
concentrations below acute toxicity levels to mussels for contaminants 
such as total ammonia, nitrogen, copper, chloride, and sulfate (see 
Appendix B, Service 2022a, b, c, d).

Habitat Connectivity

    A mussel population includes more than one mussel bed; it is the 
collection of mussel beds within a stream reach between which infested 
host fish may travel, allowing for ebbs and flows in mussel bed density 
and abundance through time throughout the population's occupied reach. 
Therefore, resilient populations of all four species must occupy 
connected stream reaches long enough so that stochastic events that 
affect individual mussel beds do not eliminate the entire population. 
Connectivity is characterized by suitable water quality, lack of 
barriers to dispersal (e.g., perched culverts, hydropower dams that 
lack passage for host fishes, water control structures), and presence 
of suitable shelter habitat and forage base for host fish(es). 
Repopulation, through dispersal via infected host fish from other 
mussel beds within a given stream reach, can allow the population and 
individual beds within that population to recover from these stochastic 
events. Long stream reaches are more likely to support resilient 
populations into the future than shorter stream reaches; thus, long 
reaches of connected stream habitat is essential to support all life 
stages of all four species.

Presence of Host Fish Species

    All four species are obligate parasites that rely on specific host-
fish for developing into juvenile mussels and dispersal. Glochidia must 
come into contact with specific host fish to ensure survival; without 
the proper host fish, glochidia will perish and fail to transform into 
juvenile mussels. Each mussel species relies on a different suite of 
host fish(es).
    Rayed bean depend on darter and sculpin species as host fish; 
however, the exact suite of host fish species is unknown (Parmalee and 
Bogan, 1998, p. 245; West et al. 2000, p. 254). Gravid females attract 
host fish with a modified mantle flap. The only published studies 
identify the Tippecanoe darter (Etheostoma tippecanoe) and spotted 
darter (E. maculatum) as host fish (White et al. 1996, p. 191; Gibson 
et al. 2011, p. 7); however, these species are not (and were not) found 
throughout the species' current or historical range. Other host fishes 
are thought to include the greenside darter (E. blenniodes), rainbow 
darter (E. caeruleum), mottled sculpin (Cottus bairdi), and largemouth 
bass (Micropterus salmoides) (Woolnough 2002, p. 51). Based on closely 
related species that occur in the same areas and habitats, additional 
hosts may be susceptible, including species in the subgenus Nothonotus 
of Etheostoma, sculpins (Cottus spp.), and fantail darter (E. 
flabellare) (Jones 2002, pers. comm.).
    Sheepnose depend on mimic shiner (Notropis volucellus) and sauger 
(Sander canadensis) as host fish; of these, only mimic shiner has been 
observed to be naturally infested and successfully facilitate 
transformation of juveniles in the lab and is most likely the primary 
host species. However, lab studies suggest that sheepnose may be able 
to use a wider variety of fish species including fathead minnow 
(Pimephales promelas), creek chub (Semotilus atrromaculatus), central 
stoneroller (Campostoma anomalum), brook stickleback (Culaea 
inconstans), and golden shiner (Notemigonus cryoleucas) (Watters et al. 
2005, pp. 11-12; Bradley 2021, pers. comm.).
    Snuffbox mussels rely on darter and sculpin species as fish hosts, 
using log perch (Percina caprodes) as their primary host species. 
Female snuffbox lure host fish with an inflated mantle (i.e., lure) and 
close their shell around the head of the fish long enough to expel 
their glochidia and allow for their attachment to the gills of the 
fish, before releasing the fish (Schwalb et al. 2011,

[[Page 101105]]

p. 224). Given this life history strategy, they rely on clear water 
that allows their lures to be visible by potential fish hosts. Other 
potential host species from lab studies include the blackside darter 
(P. maculata), rainbow darter, Iowa darter (E. exile), blackspotted 
topminnow (Fundulus olivaceous), mottled sculpin, banded sculpin (C. 
carolinae), Ozark sculpin (C. hypselurus), largemouth bass, and brook 
stickleback (Culaea inconstans) (Sherman 1994, p. 17, Yeager and Saylor 
1995, p. 3; Hillegass and Hove 1997, p. 25; Barnhart et al. 1998, p. 
34; Hove et al. 2000, p. 30; Sherman Mulcrone 2004, pp. 100-103).
    Spectaclecase depend on mooneye (Hiodon tergisus) and goldeye 
(Hiodon alosoides) as host fishes (Sietman et al. 2017, p. 18). Natural 
infestations of spectaclecase have been observed on bigeye chub 
(Hybopsis amblops) and pealip redhorse (Moxostoma pisolabrum); however, 
they are not confirmed host fish species because juvenile mussels have 
not been observed transforming from these species in lab studies (Baird 
2000, p. 24).

Summary of Essential Physical or Biological Features

    We derive the specific physical or biological features essential to 
the conservation of the rayed bean, sheepnose, snuffbox, and 
spectaclecase from studies of the species' habitat, ecology, and life 
history as described above. Additional information can be found in the 
SSA report for each species (Service 2022a, pp. 3-10; Service 2022b, 
pp. 4-13; Service 2022c, pp. 3-11; Service 2022d, pp. 4-11; all SSA 
reports are available on 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................  Ortman 1919, p. 66; Fuller
                                      Sexually mature males in proximity to    1974, pp. 240-241; Berg
                                      sexually mature females.                         et al. 2008, p. 397; Haag
                                      Suitable spawning water temperatures..   2012, pp. 38-39.
                                      Suitable flow conditions..............
Glochidia..........................   Suitable water quality (clear water     Fuller 1974, pp. 240-241;
                                      for visual attraction of host).                  Strayer 2008, p. 65;
                                      Availability of host fish for            Guenther et al. 2009, p.
                                      attachment.                                      20; Haag 2012, pp. 41-42;
                                     [cir] Rayed bean: darter and sculpin species...   Wolf et al. 2012, p. 7;
                                     [cir] Sheepnose: mimic shiner (Notropis           Hove et al. 2015, pp. 4,
                                      volucellus) and sauger (Sander canadensis).      6-8, 12-13.
                                     [cir] Snuffbox: logperch (Percina caprodes) and
                                      darter and sculpin species.
                                     [cir] Spectaclecase: mooneye (Hiodon tergisus)
                                      and goldeye (H. alosoides).
                                      Suitable water temperature............
                                      Suitable flow conditions to ensure
                                      glochidia encounter host.
Juveniles..........................   Suitable water quality (appropriate     Ortman 1919, p. 68; Fuller
                                      interstitial chemistry, low salinity, low        1974, pp. 220-221, 238-
                                      ammonia, low copper and other contaminants,      246; Cummings and Mayer
                                      high dissolved oxygen).                          1992, p. 50; Dimock and
                                      Suitable water temperature............   Wright 1993, pp. 188-190;
                                      Suitable flow conditions..............   Yeager et al. 1994, p.
                                      Host fish dispersal...................   221; Sparks and Strayer
                                      Food availability: smaller algae,        1998, p. 132; Augspurger
                                      detritus, bacteria, organic matter, pedal        et al. 2003, p. 2,574;
                                      feeding for first several months.                Augspurger et al. 2007,
                                      Suitable substrate conditions:........   p. 2,025; Schwalb et al.
                                     [cir] Rayed bean and snuffbox: stable sand and    2011, entire; Strayer and
                                      gravel.                                          Malcom 2012, pp. 1,787-
                                     [cir] Sheepnose: firm/stable; coarse sand and     1,788; Watters et al.
                                      gravel; cobble; may include mud.                 2009, p. 221.
                                     [cir] Spectaclecase: firm/stable; coarse sand,
                                      gravel, and rock free from excessive silt; may
                                      include large slabs/boulders.
Adults.............................   Suitable water quality (appropriate     Ortmann 1919, p. 68;
                                      interstitial chemistry, low salinity, low        Fuller 1974, pp. 221, 240-
                                      ammonia, low copper and other contaminants,      246; Cummings and Mayer
                                      high dissolved oxygen).                          1992, p. 50; Yeager et
                                      Suitable water temperature............   al. 1994, p. 221;
                                      Suitable flow conditions..............   Parmalee and Bogan 1998,
                                      Food availability: algae, detritus,      p. 177; Nichols and
                                      bacteria, dissolved organic matter,              Garling 2000, p. 881;
                                      microscopic animals.                             Chen et al. 2001, pp. 213-
                                      Suitable substrate conditions:........   214; Spooner and Vaughn
                                     [cir] Rayed bean and snuffbox: stable sand and    2008, p. 308; Watters et
                                      gravel.                                          al. 2009, p. 221.
                                     [cir] Sheepnose: firm/stable; coarse sand and
                                      gravel; cobble; may include mud.
                                     [cir] Spectaclecase: firm/stable; coarse sand,
                                      gravel, and rock free from excessive silt; may
                                      include large slabs/boulders.
----------------------------------------------------------------------------------------------------------------

    We have determined that the following physical or biological 
features are essential to the conservation of the rayed bean, 
sheepnose, snuffbox, and spectaclecase:
    (i) Adequate flows, or a hydrological flow regime (magnitude, 
timing, frequency, duration, rate of change, and overall seasonality of 
discharge over time), necessary to maintain benthic habitats where the 
species are found and to maintain stream connectivity.
    (ii) Suitable substrates and connected instream habitats, 
characterized by geomorphologically stable stream channels and banks 
(i.e., channels that maintain lateral dimensions, longitudinal 
profiles, and sinuosity patterns over time without an aggrading or 
degrading bed elevation) that support the four mussel species and their 
respective host fishes (e.g., sand and gravel substrate with moderate 
flow, aquatic vegetation, in and adjacent to riffles and shoals).
    (iii) Water and sediment quality necessary to sustain natural 
physiological processes for normal behavior, growth, and viability of 
all life stages, including appropriate levels of

[[Page 101106]]

dissolved oxygen (generally above 2 to 3 parts per million (ppm)), 
salinity (generally below 2 to 4 ppm), and temperature (generally below 
86 degrees Fahrenheit ([deg]F) (30 degrees Celsius ([deg]C))). 
Additionally, concentrations of contaminants, including (but not 
limited to) ammonia, nitrate, copper, and chloride, are below acute 
toxicity levels for mussels.
    (iv) The presence and abundance of host fishes necessary for 
recruitment of the species. For the rayed bean, these are darter and 
sculpin species; for the sheepnose, these are mimic shiner (Notropis 
volucellus) and sauger (Sander canadensis); for the snuffbox, these are 
logperch (Percina caprodes) and darter and sculpin species; and for the 
spectaclecase, these are mooneye (Hiodon tergisus) and goldeye (H. 
alosoides).

Special Management Considerations or Protection

    When designating critical habitat, we assess whether the specific 
areas within the geographical area occupied by the species at the time 
of listing contain features which are essential to the conservation of 
the species and which may require special management considerations or 
protection.
    The features essential to the conservation of the rayed bean, 
sheepnose, snuffbox, and spectaclecase may require special management 
considerations or protection to reduce the following threats: (1) 
construction or operation of reservoirs; (2) urbanization of the 
landscape, including (but not limited to) land conversion to impervious 
surfaces for urban and commercial use, infrastructure (pipelines, 
roads, bridges, utilities), and wastewater treatment; (3) significant 
alteration of water quality and nutrient pollution from a variety of 
activities, such as mining and agricultural activities; (4) land-use 
activities that remove large areas of forested wetlands and riparian 
systems; (5) culvert, dam, and pipe installation that creates barriers 
to movement for the mussels or their host fish; and (6) other watershed 
and floodplain disturbances that release sediments, pollutants, or 
nutrients into the water.
    Management activities that could ameliorate these threats include, 
but are not limited to, use of best management practices designed to 
reduce sedimentation, erosion, and bank destruction; protection of 
riparian corridors and woody vegetation; modification of dam operations 
and/or dam removal to more closely match natural flow regimes; improved 
stormwater management; and reduction of other watershed and floodplain 
disturbances that release sediments, pollutants, or nutrients into the 
water.

Criteria Used To Identify Critical Habitat

    As required by section 4(b)(2) of the Act, we use the best 
scientific data available to designate critical habitat. In accordance 
with the Act and our implementing regulations at 50 CFR 424.12(b), we 
review available information pertaining to the habitat requirements of 
the species and identify specific areas within the geographical area 
occupied by the species at the time of listing and any specific areas 
outside the geographical area occupied by the species to be considered 
for designation as critical habitat. We are not currently proposing to 
designate any areas outside the geographical area occupied by the 
species because we have not identified any unoccupied areas that meet 
the definition of critical habitat, and we have determined that 
occupied areas are sufficient to conserve these four species. Within 
the recovery plans for all four species, we outline that recovery can 
be achieved by protecting and maintaining or enhancing existing 
occupied areas, with no need to create or establish new habitat areas 
or populations for all four species. Thus, the proposed designation 
includes only the occupied rivers and streams within the species' 
current range that contain the physical or biological features 
essential to the conservation of the species and that provide the best 
conditions for the maintenance and expansion of existing populations.

Methodology Used for Selection of Proposed Units

    First, we identified those areas within the geographical areas 
occupied by the species at the time of listing and that contain the 
essential physical or biological features and determined which of these 
features may require special management considerations or protection. 
Most of these areas are where the high-condition populations, defined 
in the SSA report as stable to increasing populations with high 
estimated probability of persistence (or low risk), occur because these 
are the areas that contain the features that meet the four species' 
needs for maintaining viability. The presence of the essential physical 
or biological features in these areas result in populations that have 
recruitment, varied age class structures, and high-density populations 
that are important to conservation and recovery actions, as they may 
serve to bolster other diminished or extirpated populations.
    Second, we examined the overall contribution of moderate-condition 
populations--defined in the SSA report as stable to slightly decreasing 
populations with moderate probability of persistence (or moderate 
risk)--to viability of the species, as well as the amount of threats 
acting on those populations. We then considered adjacency and 
connectivity of these populations to the high-condition and other 
moderate-condition populations. We did not include populations that 
have potentially low likelihood of recovery due to limited abundances 
or lack of connectivity, and we did not include areas that do not 
contain the essential physical or biological features.
    Third, we evaluated spatial redundancy and representation across 
each of the four species' ranges to identify any remaining, 
consistently observable populations in a major river basin that may 
contain unique diversity or habitat or both. If we identified such 
populations, we include them in this proposed designation. For 
instance, the lower Mississippi River Basin is comprised of a single 
population of sheepnose within the Big Sunflower River of Bolivar and 
Sunflower Counties, Mississippi; this population is in low condition. 
However, this population exists at the southern edge of the species' 
range and may have unique genetic diversity that is not present 
elsewhere within the species' range, and this unit contains one or more 
of the essential physical or biological features. Thus, we include this 
stream segment in the sheepnose's proposed designation to enhance the 
likelihood of maintaining genetic diversity.
    Finally, we evaluated the overlap of the four species' occurrences, 
as well as their overlap with other listed aquatic species and 
designated critical habitat, where existing conservation and monitoring 
efforts may be ongoing. In areas with a high degree of overlap or 
existing conservation efforts, we included and/or extended areas of 
critical habitat within the overlapping areas. These areas were 
considered in formulating this proposed critical habitat designation 
because they contain the physical or biological features that are 
essential to the conservation of the species and that may require 
special management considerations. These areas may promote conservation 
and recovery through maintaining the ecological community and existing 
genetic diversity for the species.
    For all proposed critical habitat units, we define the upstream and 
downstream boundaries around areas that were occupied by the species at 
the time of listing and that contain the

[[Page 101107]]

physical or biological features essential to conservation of the 
species using easily recognizable features (e.g., confluence of two 
named streams, impoundments).
    Sources of data for these proposed critical habitat designations 
include multiple databases maintained by universities, information from 
State agencies throughout the species' ranges, and numerous survey 
reports on threats throughout the species' ranges (as cited in Service 
2022a, entire; Service 2022b, entire; Service 2022c, entire; Service 
2022d, entire; all reports are available on 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 post-listing), West Fork 
River (detected in 2020), Meathouse Fork (detected in 2001; reported in 
2016), South Fork Hughes River (detected in 2001; reported in 2016), 
Leading Creek (detected in 2017), and Kanawha River (detected in 2017) 
prior to the snuffbox's listing in 2012, all of the rivers and streams 
are either tributaries to or occur within the watershed where the 
snuffbox was known to occur at the time of listing. In Cussewago Creek, 
a fresh dead adult was detected in 2011, but this observation was not 
reported to the Service until after the species was listed. In West 
Fork River, three live adults were found in 2020. In the Meathouse Fork 
and South Fork Hughes River, live snuffbox were detected in 2001, but 
the data were not reported to the Service until 2016. Follow up surveys 
in the South Fork Hughes River in 2017 found live individuals dispersed 
across 24 miles (39 kilometers) of river. In Leading Creek, although 
the species was presumed

[[Page 101108]]

extirpated from this reach at the time of listing, one live individual 
was detected in 2017. Finally, in the Kanawha River, although the 
species was thought to be extirpated from this reach at the time of 
listing, one live individual was detected in 2017. Regarding the 
Cussewago Creek, Meathouse Fork, and South Fork Hughes River, snuffbox 
was extant in these areas at the time of listing in 2012; however, 
these data were not provided to the Service until after the species was 
listed. Regarding all rivers--including the West Fork River, Leading 
Creek, and Kanawha River--given that all mussel beds occur within areas 
that are connected to known occupied areas, the species is known to 
live in excess of 20 years, juvenile and adult mussels are immobile, 
adults mature around age 5, and many of these detections were of 
reproducing adults, it is reasonable to assume that these areas were 
occupied at the time the species was listed in 2012. As such, we 
consider all proposed units to be occupied at the time of listing and 
appropriate for designation as occupied critical habitat. Furthermore, 
given that the mussel beds within Cussewago Creek, West Fork River, 
Meathouse Fork, South Fork Hughes River, Leading Creek, and Kanawha 
River are considered to be currently occupied and fall within the 
currently extant range for the species (i.e., wherever found), we would 
consult on any activities that are occurring or that will occur within 
these areas of the species' range.
    (d) Spectaclecase: We are proposing to designate critical habitat 
for the spectaclecase in the St. Croix River, Mississippi River, 
Meramec River, Big River, Gasconade River, Big Piney River, Ouachita 
River, Tennessee River, Clinch River, Nolichucky River, Green River, 
and Kanawha River (see Proposed Critical Habitat Designation, below). 
All of these rivers and streams were known to be occupied at the time 
of listing.
    When determining proposed critical habitat boundaries, we made 
every effort to avoid including developed areas such as lands covered 
by buildings, pavement, and other structures because such lands lack 
physical or biological features necessary for the rayed bean, 
sheepnose, snuffbox, and spectaclecase. Critical habitat for these 
mussels includes only stream channels up to bankfull height, where the 
stream base flow is contained within the channel. The scale of the maps 
we prepared under the parameters for publication within the Code of 
Federal Regulations may not reflect the exclusion of such developed 
lands. Any such lands inadvertently left inside critical habitat 
boundaries shown on the maps of this proposed rule have been excluded 
by text in the proposed rule and are not proposed for designation as 
critical habitat. Therefore, if the critical habitat is finalized as 
proposed, a Federal action involving these lands would not trigger 
section 7 consultation with respect to critical habitat and the 
requirement of no adverse modification unless the specific action would 
affect the physical or biological features in the adjacent critical 
habitat.
    The proposed critical habitat designation is defined by the map or 
maps, as modified by any accompanying regulatory text, presented at the 
end of this document under Proposed Regulation Promulgation.

Proposed Critical Habitat Designation

    We are proposing approximately 560 river miles (rmi) (902 river 
kilometers (rkm)) in 15 units as critical habitat for rayed bean; 
approximately 801 rmi (1,289 rkm) in 11 units as critical habitat for 
sheepnose; approximately 2,472 rmi (3,979 rkm) in 38 units as critical 
habitat for snuffbox; and approximately 1,143 rmi (1,839 rkm) in 12 
units as critical habitat for spectaclecase. In total, we are proposing 
to designate approximately 3,974 rmi (6,396 rkm) of unique critical 
habitat within 76 units across 17 States; many proposed units overlap 
entirely or within some portion of the proposed units for other species 
within this proposed rule. All units are considered to be occupied by 
the species--which are already listed as endangered species under the 
Act--and all units are occupied by one or more other species already 
listed under the Act (i.e., not including the four mussels included in 
these proposed designations). No unoccupied units are being proposed 
for any of the four species. All proposed critical habitat units 
consist of the streambed up to the ordinary high-water mark, as defined 
at 33 CFR 328.3(c)(4) in the regulations that implement the Clean Water 
Act (33 U.S.C. 1251 et seq.). Streambed ownership varies by State and 
by navigability of the stream. In general, the streambed up to the 
ordinary high-water mark is public waters of the State; however, there 
are instances where the streambed is owned by the adjacent landowners. 
When describing land ownership, below, we use adjacent landownership as 
a proxy for land ownership that is consistent across the ranges of 
these species. The critical habitat areas we describe below constitute 
our current best assessment of areas that meet the definition of 
critical habitat for all four species.
    The 15 areas we propose as critical habitat for the rayed bean are: 
(1) Black River, (2) Pine River, (3) Belle River, (4) River Raisin, (5) 
Clinton River, (6) Fish Creek, (7) Swan Creek, (8) Blanchard River, (9) 
Allegheny River, (10) Middle Allegheny River, (11) French Creek, (12) 
Little Darby Creek, (13) Big Darby Creek, (14) Great Miami River, and 
(15) Tippecanoe River. Table 2 shows the proposed critical habitat 
units, identifies the owners by type (Federal, State, local, or 
private) of land adjacent to each proposed unit, and provides the 
approximate area of each unit. All proposed units are considered 
occupied at the time of listing.

         Table 2--Proposed Critical Habitat Units for Rayed Bean
     [Length estimates reflect all land within critical habitat unit
                               boundaries]
------------------------------------------------------------------------
                                                        Size of unit in
                                    Adjacent land         river miles
     Critical habitat unit        ownership type(s)          (river
                                                          kilometers)
------------------------------------------------------------------------
RABE 1: Black River...........  State, Private.......            32 (51)
RABE 2: Pine River............  Private..............              3 (5)
RABE 3: Belle River...........  Private..............             8 (13)
RABE 4: River Raisin..........  Local, Private.......             8 (13)
RABE 5: Clinton River.........  Local, Private.......             8 (13)
RABE 6: Fish Creek............  State, Local, Private            31 (50)
RABE 7: Swan Creek............  Private..............              4 (7)
RABE 8: Blanchard River.......  Local, Private.......            28 (45)
RABE 9: Allegheny River.......  Local, Private.......            32 (52)
RABE 10: Middle Allegheny       Federal, State,                169 (272)
 River.                          Local, Private.
RABE 11: French Creek.........  Federal, State,                100 (161)
                                 Local, Private.

[[Page 101109]]

 
RABE 12: Little Darby Creek...  State, Local, Private            21 (35)
RABE 13: Big Darby Creek......  State, Local, Private            38 (60)
RABE 14: Great Miami River....  Private..............            11 (18)
RABE 15: Tippecanoe River.....  State, Local, Private           65 (105)
                                                      ------------------
    Total.....................  .....................          560 (902)
------------------------------------------------------------------------
Note: Lengths may not sum due to rounding.

    The 11 areas we propose as critical habitat for the sheepnose are: 
(1) Lower Chippewa River, (2) Kankakee River, (3) Meramec and Bourbeuse 
Rivers, (4) Middle Allegheny-Tionesta, (5) Upper Green River, (6) 
Tippecanoe River, (7) Walhonding River, (8) Lower Tennessee River, (9) 
Upper Clinch River, (10) Powell River, and (11) Big Sunflower River. 
Table 3 shows the proposed critical habitat units, identifies the 
owners by type (Federal, State, local, or private) of land adjacent to 
each proposed unit, and provides the approximate area of each unit. All 
proposed units are considered occupied at the time of listing.

         Table 3--Proposed Critical Habitat Units for Sheepnose
     [Length estimates reflect all land within critical habitat unit
                               boundaries]
------------------------------------------------------------------------
                                                        Size of unit in
                                    Adjacent land         river miles
     Critical habitat unit        ownership type(s)          (river
                                                          kilometers)
------------------------------------------------------------------------
SHNO 1: Lower Chippewa River..  Federal, State,                  57 (92)
                                 Local, Private.
SHNO 2: Kankakee River........  Federal, State,                  51 (82)
                                 Local, Private.
SHNO 3: Meramec and Bourbeuse   State, Local, Private          153 (246)
 Rivers.
SHNO 4: Middle Allegheny-       State, Local, Private            28 (45)
 Tionesta.
SHNO 5: Upper Green River.....  Federal, State,                157 (253)
                                 Local, Private.
SHNO 6: Tippecanoe River......  Federal, State,                 84 (135)
                                 Local, Private.
SHNO 7: Walhonding River......  State, Local, Private            24 (38)
SHNO 8: Lower Tennessee River.  Federal, Private.....            23 (36)
SHNO 9: Upper Clinch River....  Federal, State,                106 (171)
                                 Private.
SHNO 10: Powell River.........  State, Private.......           63 (101)
SHNO 11: Big Sunflower River..  Federal, Private.....            56 (90)
                                                      ------------------
    Total.....................  .....................        801 (1,289)
------------------------------------------------------------------------
Note: Lengths may not sum due to rounding.

    The 38 areas we propose as critical habitat for the snuffbox are: 
(1) Wolf River, (2) Embarrass River, (3) Little Wolf River, (4) Grand 
River (Michigan), (5) Clinton River, (6) Huron River, (7) Grand River 
(Ohio), (8) Allegheny River, (9) French Creek, (10) West Fork River, 
(11) Shenango River, (12) Middle Island Creek, (13) Little Kanawha 
River, (14) Kanawha River, (15) Olentangy River, (16) Little Darby 
Creek, (17) Big Darby Creek, (18) Stillwater River, (19) Tygarts Creek, 
(20) Kinniconick Creek, (21) Licking River, (22) Middle Fork Kentucky 
River, (23) Red Bird River, (24) Red River, (25) Green River, (26) 
Salamonie River, (27) Tippecanoe River, (28) Embarras River, (29) 
Rolling Fork Salt River, (30) Clinch River, (31) Powell River, (32) 
Paint Rock River, (33) Elk River, (34) Duck River, (35) St. Croix 
River, (36) Meramec River, (37) St. Francis River, and (38) Spring 
River. Table 4 shows the proposed critical habitat units, identifies 
the owners by type (Federal, State, local, or private) of land adjacent 
to each proposed unit, and provides the approximate area of each unit. 
All proposed units are considered occupied at the time of listing.

      Table 4--Proposed Critical Habitat Units for Snuffbox Mussel
     [Length estimates reflect all land within critical habitat unit
                               boundaries]
------------------------------------------------------------------------
                                                        Size of unit in
                                    Adjacent land         river miles
     Critical habitat unit        ownership type(s)          (river
                                                          kilometers)
------------------------------------------------------------------------
SNBO 1: Wolf River............  Federal, State,                   8 (13)
                                 Local, Private.
SNBO 2: Embarrass River.......  Private..............            18 (29)
SNBO 3: Little Wolf River.....  Private..............            12 (19)
SNBO 4: Grand River (Michigan)  State, Local, Private            41 (65)
SNBO 5: Clinton River.........  Local, Private.......             8 (13)
SNBO 6: Huron River...........  State, Local, Private            16 (26)
SNBO 7: Grand River (Ohio)....  Local, Private.......            23 (37)

[[Page 101110]]

 
SNBO 8: Allegheny River.......  State, Local, Private            35 (57)
SNBO 9: French Creek..........  Federal, State,                130 (209)
                                 Local, Private.
SNBO 10: West Fork River......  Private..............            22 (35)
SNBO 11: Shenango River.......  State, Local, Private            28 (45)
SNBO 12: Middle Island Creek..  Federal, State,                 87 (140)
                                 Local, Private.
SNBO 13: Little Kanawha River.  Federal, State,                218 (351)
                                 Local, Private.
SNBO 14: Kanawha River........  Local, Private.......          107 (172)
SNBO 15: Olentangy River......  Federal, State,                  30 (48)
                                 Local, Private.
SNBO 16: Little Darby Creek...  State, Local, Private            21 (35)
SNBO 17: Big Darby Creek......  State, Local, Private            38 (60)
SNBO 18: Stillwater River.....  Local, Private.......            12 (19)
SNBO 19: Tygarts Creek........  State, Private.......           89 (143)
SNBO 20: Kinniconick Creek....  Private..............            52 (84)
SNBO 21: Licking River........  Federal, State,                239 (385)
                                 Local, Private.
SNBO 22: Middle Fork Kentucky   Private..............            13 (21)
 River.
SNBO 23: Red Bird River.......  Federal, Private.....            60 (96)
SNBO 24: Red River............  Federal, State,                  31 (49)
                                 Private.
SNBO 25: Green River..........  Federal, State,                157 (253)
                                 Local, Private.
SNBO 26: Salamonie River......  Federal, Private.....            12 (19)
SNBO 27: Tippecanoe River.....  State, Local, Private           65 (105)
SNBO 28: Embarras River.......  State, Local, Private           71 (114)
SNBO 29: Rolling Fork Salt      Private..............           95 (153)
 River.
SNBO 30: Clinch River.........  Federal, State,                170 (273)
                                 Local, Private.
SNBO 31: Powell River.........  State, Private.......           66 (106)
SNBO 32: Paint Rock River.....  Federal, State,                  53 (85)
                                 Private.
SNBO 33: Elk River............  Private..............            27 (43)
SNBO 34: Duck River...........  State, Local, Private            47 (76)
SNBO 35: St. Croix River......  Federal, State,                  53 (85)
                                 Local, Private.
SNBO 36: Meramec River........  State, Local, Private          227 (365)
SNBO 37: St. Francis River....  Federal, State,                  58 (93)
                                 Private.
SNBO 38: Spring River.........  State, Private.......            33 (53)
                                                      ------------------
    Total.....................  .....................      2,472 (3,979)
------------------------------------------------------------------------
Note: Lengths may not sum due to rounding.

    The 12 areas we propose as critical habitat for the spectaclecase 
are: (1) St. Croix River, (2) Mississippi River, (3) Meramec River, (4) 
Big River, (5) Gasconade River, (6) Big Piney River, (7) Ouachita 
River, (8) Tennessee River, (9) Clinch River, (10) Nolichucky River, 
(11) Green River, and (12) Kanawha River. Table 5, below, shows the 
proposed critical habitat units, identifies the owners by type 
(Federal, State, local, or private) of land adjacent to each proposed 
unit, and provides the approximate area of each unit. All proposed 
units are considered occupied at the time of listing.

       Table 5--Proposed Critical Habitat Units for Spectaclecase
     [Length estimates reflect all land within critical habitat unit
                               boundaries]
------------------------------------------------------------------------
                                                        Size of unit in
                                    Adjacent land         river miles
     Critical habitat unit         ownership types           (river
                                                          kilometers)
------------------------------------------------------------------------
SPCA 1: Saint Croix...........  Federal, State,                  53 (86)
                                 Local, Private.
SPCA 2: Mississippi River.....  Federal, State,                132 (213)
                                 Local, Private.
SPCA 3: Meramec River.........  State, Local, Private          156 (251)
SPCA 4: Big River.............  Local, Private.......            11 (17)
SPCA 5: Gasconade River.......  Federal, State,                223 (358)
                                 Private.
SPCA 6: Big Piney River.......  Federal, State,                  53 (86)
                                 Private.
SPCA 7: Ouachita River........  Local, Private.......           83 (133)
SPCA 8: Tennessee River.......  Federal, State,                142 (228)
                                 Local, Private.
SPCA 9: Clinch River..........  Federal, State,                160 (257)
                                 Local, Private.
SPCA 10: Nolichucky River.....  Federal State,                   37 (60)
                                 Private.
SPCA 11: Green River..........  Federal, State,                 77 (125)
                                 Private.
SPCA 12: Kanawha River........  Federal, Local,                  16 (25)
                                 Private.
                                                      ------------------
    Total.....................  .....................      1,143 (1,839)
------------------------------------------------------------------------
Note: Lengths may not sum due to rounding.


[[Page 101111]]

    We present brief descriptions of all units, and reasons why they 
meet the definition of critical habitat, for the rayed bean, sheepnose, 
snuffbox, and spectaclecase mussels below.
I. Rayed Bean
RABE 1: Black River
    RABE 1 consists of 32 rmi (51 rkm) of the Black River and Mill 
Creek in St. Clair County, Michigan. The Black River portion of the 
unit includes 8 rmi (13 rkm) in St. Clair County, Michigan, from the 
State Highway 136 Bridge (Beard Road Bridge) in Clyde Township 
downstream to the Wadhams Road Bridge in Kimball Township. This unit 
also includes 24 rmi (38 rkm) of Mill Creek in St. Clair County, 
Michigan, from its confluence with Thompson Drain northwest of Brockway 
Township downstream to its confluence with Black River at Ruby. The 
unit includes the river channel up to the ordinary high-water mark.
    Approximately 21.5 percent (7 rmi (11 rkm)) of the riparian lands 
adjacent to, but not included in, this unit are in public (State) 
ownership, and 78.5 percent (25 rmi (40 rkm)) are in private ownership. 
Adjacent State lands are owned or managed by the Michigan Department of 
Natural Resources. RABE 1 is occupied by the species and contains all 
the physical or biological features essential to the species' 
conservation. The unit overlaps in part or in full with proposed 
critical habitat for the proposed endangered salamander mussel 
(Simpsonaias ambigua) (88 FR 57224, August 22, 2023).
    The features essential to the conservation of this species may 
require special management considerations or protection to reduce the 
following threats: degradation of water quality due to contaminants; 
habitat degradation and loss due to the amount of impervious surface 
and urbanization; and the presence of invasive species.
RABE 2: Pine River
    RABE 2 consists of 3 rmi (5 rkm) of the Pine River in St. Clair 
County, Michigan. This unit extends from the confluence of the Pine 
River and Rattle Run downstream to Newman Road in St. Clair Township 
(St. Clair County, Michigan). The unit includes the river channel up to 
the ordinary high-water mark.
    All of the riparian lands adjacent to, but not included in, this 
unit are in private ownership. RABE 2 is occupied by the species and 
contains all the physical or biological features essential to the 
species' conservation.
    The features essential to the conservation of this species may 
require special management considerations or protection to reduce the 
following threats: degradation of water quality due to contaminants; 
habitat degradation and loss due to the amount of impervious surface 
and urbanization; and the presence of invasive species.
RABE 3: Belle River
    RABE 3 consists of 8 rmi (13 rkm) of the Belle River in St. Clair 
County, Michigan. This unit extends from the Westrick Road Bridge 
downstream to the King Road Bridge in China Township, in St. Clair 
County, Michigan. The unit includes the river channel up to the 
ordinary high-water mark.
    All of the riparian lands adjacent to, but not included in, this 
unit are in private ownership. RABE 3 is occupied by the species and 
contains all the physical or biological features essential to the 
species' conservation.
    The features essential to the conservation of this species may 
require special management considerations or protection to reduce the 
following threats: degradation of water quality due to contaminants; 
habitat degradation and loss due to the amount of impervious surface 
and urbanization; and the presence of invasive species.
RABE 4: River Raisin
    RABE 4 consists of 8 rmi (13 rkm) of the River Raisin in Lenawee 
County, Michigan. This unit extends from the Crockett Highway Bridge in 
Palmyra Township downstream to the U.S. Route 223 Bridge (West Adrian 
Street) in Blissfield, in Lenawee County, Michigan. The unit includes 
the river channel up to the ordinary high-water mark.
    Approximately 3.2 percent (0.3 rmi (0.5 rkm)) of the riparian lands 
adjacent to, but not included in, this unit are in public (local) 
ownership, and 96.8 percent (8 rmi (13 rkm)) are in private ownership. 
RABE 4 is occupied by the species and contains all the physical or 
biological features essential to the species' conservation.
    The features essential to the conservation of this species may 
require special management considerations or protection to reduce the 
following threats: degradation of water quality due to contaminants; 
habitat degradation and loss due to the amount of impervious surface 
and urbanization; and the presence of invasive species.
RABE 5: Clinton River
    RABE 5 consists of 8 rmi (13 rkm) of the Clinton River in Oakland 
County, Michigan. This unit extends from downstream of the fish 
hatchery at Waterford Township downstream to Cass Lake east of Four 
Towns, in Oakland County, Michigan. The unit includes the river channel 
up to the ordinary high-water mark.
    Approximately 11.0 percent (1 rmi (2 rkm)) of the riparian lands 
adjacent to, but not included in, this unit are in public (local) 
ownership, and 89.0 percent (7 rmi (11 rkm)) are in private ownership. 
RABE 5 is occupied by the species and contains all the physical or 
biological features essential to the species' conservation. The unit 
overlaps in part or in full with proposed critical habitat for the 
proposed endangered salamander mussel (88 FR 57224; August 22, 2023) 
and the federally endangered snuffbox mussel.
    The features essential to the conservation of this species may 
require special management considerations or protection to reduce the 
following threats: degradation of water quality due to contaminant; 
habitat degradation and loss due to the amount of impervious surface, 
urbanization, and the lack of canopy cover and vegetative cover in the 
riparian buffer; lack of connectivity due to barriers; and the presence 
of invasive species.
RABE 6: Fish Creek
    RABE 6 consists of 31 rmi (50 rkm) of Fish Creek in Steuben and 
DeKalb Counties, Indiana, and Williams County, Ohio. This unit extends 
from the Ohio Turnpike Interstate 80/Interstate 90 Bridge in Steuben 
County, Indiana, downstream to the confluence of Fish Creek with St. 
Joseph River north of Edgerton in Williams County, Ohio. The unit 
includes the river channel up to the ordinary high-water mark.
    Approximately 3.3 percent (1 rmi (2 rkm)) of the riparian lands 
adjacent to, but not included in, this unit are in public (State and 
local) ownership, and 96.7 percent (30 rmi (48 rkm)) are in private 
ownership. Adjacent State lands are owned or managed by the Ohio 
Department of Natural Resources. RABE 6 is occupied by the species and 
contains all the physical or biological features essential to the 
species' conservation. The unit overlaps in part or in full with 
designated critical habitat for the federally threatened rabbitsfoot 
(Quadrula cylindrica cylindrica) (see 50 CFR 17.95(f) and 80 FR 24692, 
April 30, 2015), and proposed critical habitat for the proposed 
endangered salamander mussel (88 FR 57224, August 22, 2023).
    The features essential to the conservation of this species may 
require special management considerations or

[[Page 101112]]

protection to reduce the following threats: degradation of water 
quality due to contaminants; impacts to the hydrological regime; 
habitat degradation and loss due to agriculture; and the presence of 
invasive species.
RABE 7: Swan Creek
    RABE 7 consists of 4 rmi (7 rkm) of Swan Creek in Lucas County, 
Ohio. This unit extends from the Monclova Road Bridge in Maumee 
downstream to the Ohio Turnpike Interstate 80/Interstate 90 Bridge in 
Maumee, in Lucas County, Ohio. The unit includes the river channel up 
to the ordinary high-water mark.
    All of the riparian lands adjacent to, but not included in, this 
unit are in private ownership. RABE 7 is occupied by the species and 
contains all the physical or biological features essential to the 
species' conservation.
    The features essential to the conservation of this species may 
require special management considerations or protection to reduce the 
following threats: degradation of water quality due to contaminants; 
impacts to the hydrological regime; habitat degradation and loss due to 
the amount of impervious surface and urbanization; and the presence of 
invasive species.
RABE 8: Blanchard River
    RABE 8 consists of 28 rmi (45 rkm) of the Blanchard River in Hardin 
and Hancock Counties, Ohio. This unit extends from the County Road 183 
Bridge in Jackson Township (Hardin County, Ohio) downstream to the 
State Route 568 Bridge (Carey Road Bridge) in Findlay (Hancock County, 
Ohio). The unit includes the river channel up to the ordinary high-
water mark.
    Approximately 4.3 percent (1 rmi (2 rkm)) of the riparian lands 
adjacent to, but not included in, this unit are in public (local) 
ownership, and 95.7 percent (27 rmi (43 rkm)) are in private ownership. 
RABE 8 is occupied by the species and contains all the physical or 
biological features essential to the species' conservation.
    The features essential to the conservation of this species may 
require special management considerations or protection to reduce the 
following threats: degradation of water quality due to contaminants; 
habitat degradation and loss due to agriculture; and the presence of 
invasive species.
RABE 9: Allegheny River
    RABE 9 consists of 32 rmi (52 rkm) of the Allegheny River, Olean 
Creek, Oil Creek, and Oswayo Creek in Allegany and Cattaraugus 
Counties, New York, and McKean County, Pennsylvania. The Allegheny 
River portion of this unit includes approximately 13 rmi (21 rkm) of 
the Allegheny River from its confluence with Oswayo Creek just west of 
Portville to the Interstate 86 Bridge in Allegany, in Cattaraugus 
County, New York. The Olean Creek portion of this unit includes 8 rmi 
(14 rkm) of Olean Creek from its confluence with Oil Creek in Hinsdale 
downstream to the confluence with Allegheny River in Olean, in 
Cattaraugus County, New York. The Oil Creek portion of this unit 
includes 7 rmi (11 rkm) of Oil Creek from the Interstate 86 Bridge near 
the Cattaraugus County/Allegany County line in New York downstream to 
its confluence with Olean Creek in Hinsdale (Cattaraugus County, New 
York). The Oswayo Creek portion of this unit includes 4 rmi (6 rkm) of 
Oswayo Creek from the Pennsylvania/New York State Line in McKean 
County, Pennsylvania, and Allegany County, New York, downstream to its 
confluence with Allegheny River just west of Portville (Cattaraugus 
County, New York). The unit includes the river channel up to the 
ordinary high-water mark.
    Approximately 10.2 percent (3 rmi (5 rkm)) of the riparian lands 
adjacent to, but not included in, this unit are in public (local) 
ownership, and 89.8 percent (29 rmi (47 rkm)) are in private ownership. 
RABE 9 is occupied by the species and contains all the physical or 
biological features essential to the species' conservation.
    The features essential to the conservation of this species may 
require special management considerations or protection to reduce the 
following threats: degradation of water quality due to contaminants and 
oil and gas extraction; lack of connectivity due to barriers; habitat 
degradation and loss due to urbanization and agriculture; and the 
presence of invasive species.
RABE 10: Middle Allegheny River
    RABE 10 consists of 169 rmi (272 rkm) of the Allegheny River in 
Armstrong, Butler, Clarion, Forest, Venango, and Warren Counties, 
Pennsylvania. This unit extends from the Kinzua Dam in Warren County, 
Pennsylvania, downstream to Lock and Dam Number 5 in Armstrong County, 
Pennsylvania. The unit includes the river channel up to the ordinary 
high-water mark.
    Approximately 24.6 percent (42 rmi (68 rkm)) of the riparian lands 
adjacent to, but not included in, this unit are in public (Federal, 
State, and local) ownership, and 75.4 percent (128 rmi (206 rkm)) are 
in private ownership. Adjacent Federal lands are owned or managed by 
the U.S. Forest Service and the Service. Adjacent State lands are owned 
or managed by the Pennsylvania Bureau of Forestry and the Pennsylvania 
Game Commission. RABE 10 is occupied by the species and contains all 
the physical or biological features essential to the species' 
conservation. The unit overlaps in part or in full with designated 
critical habitat for the federally threatened longsolid (Fusconaia 
subrotunda) (see 50 CFR 17.95(f) and 88 FR 14794, March 9, 2023) and 
the federally threatened rabbitsfoot (see 50 CFR 17.95(f) and 80 FR 
24692, April 30, 2015), and proposed critical habitat for the proposed 
endangered salamander mussel (88 FR 57224, August 22, 2023), the 
federally endangered sheepnose, and the federally endangered snuffbox.
    The features essential to the conservation of this species may 
require special management considerations or protection to reduce the 
following threats: degradation of water quality due to contaminants; 
lack of connectivity due to barriers; habitat degradation and loss due 
to urbanization and agriculture; and the presence of invasive species.
RABE 11: French Creek
    RABE 11 consists of 100 rmi (161 rkm) of French Creek, LeBoeuf 
Creek, Muddy Creek, and Cussewago Creek in Crawford, Erie, Mercer, and 
Venango Counties, Pennsylvania. The French Creek portion of this unit 
includes 77 rmi (124 rkm) of French Creek from the Union City Reservoir 
Dam northeast of Union City (Erie County, Pennsylvania) downstream to 
its confluence with the Allegheny River near Franklin (Venango County, 
Pennsylvania). The LeBoeuf Creek portion of this unit includes 3 rmi (5 
rkm) of LeBoeuf Creek from the State Highway 97 Bridge in Waterford 
Township downstream to its confluence with French Creek in Leboeuf 
Township, in Erie County, Pennsylvania. The Muddy Creek portion of this 
unit includes 14 rmi (23 rkm) of Muddy Creek from Pennsylvania Highway 
77 near Little Cooley downstream to its confluence with French Creek 
east of Cambridge Springs, in Crawford County, Pennsylvania. The 
Cussewago Creek portion of this unit includes 6 rmi (10 rkm) of 
Cussewago Creek from the Rogers Ferry Road Bridge in Hayfield Township 
downstream to its confluence with French Creek in Meadville, in 
Crawford County, Pennsylvania. The unit includes the river channel up 
to the ordinary high-water mark.
    Approximately 17.3 percent (17 rmi (27 rkm)) of the riparian lands 
adjacent to, but not included in, this unit are in

[[Page 101113]]

public (Federal, State, and local) ownership, and 82.7 percent (83 rmi 
(134 rkm)) are in private ownership. Adjacent Federal lands are owned 
or managed by the Service. Adjacent State lands are owned or managed by 
the Pennsylvania Game Commission. RABE 11 is occupied by the species 
and contains all the physical or biological features essential to the 
species' conservation. The unit overlaps in part or in full with 
designated critical habitat for the federally threatened longsolid (see 
50 CFR 17.95(f) and 88 FR 14794, March 9, 2023) and the federally 
threatened rabbitsfoot (see 50 CFR 17.95(f) and 80 FR 24692, April 30, 
2015), and proposed critical habitat for the proposed endangered 
salamander mussel (88 FR 57224; August 22, 2023), the federally 
endangered sheepnose, and the federally endangered snuffbox mussel.
    The features essential to the conservation of this species may 
require special management considerations or protection to reduce the 
following threats: degradation of water quality due to contaminants; 
oil and gas development; habitat degradation and loss due to 
urbanization and agriculture; the presence of invasive species; and the 
loss of riparian buffer zones.
RABE 12: Little Darby Creek
    RABE 12 consists of 21 rmi (35 rkm) of Little Darby Creek in 
Madison and Union Counties, Ohio. This unit extends from the Ohio 
Highway 161 Bridge near Chuckery (Union County, Ohio) downstream to the 
U.S. Highway 40 Bridge near West Jefferson (Madison County, Ohio). The 
unit includes the river channel up to the ordinary high-water mark.
    Approximately 19.6 percent (4 rmi (7 rkm)) of the riparian lands 
adjacent to, but not included in, this unit are in public (State and 
local) ownership, and 80.4 percent (17 rmi (28 rkm)) are in private 
ownership. Adjacent State lands are owned or managed by the Ohio 
Department of Natural Resources. RABE 12 is occupied by the species and 
contains all the physical or biological features essential to the 
species' conservation. The unit in part or in full overlaps with 
designated critical habitat for the federally threatened rabbitsfoot 
(see 50 CFR 17.95(f) and 80 FR 24692, April 30, 2015) and proposed 
critical habitat for the federally endangered snuffbox mussel.
    The features essential to the conservation of this species may 
require special management considerations or protection to reduce the 
following threats: degradation of water quality due to contaminants; 
habitat degradation and loss due to urbanization and row crop 
agriculture; and the presence of invasive species.
RABE 13: Big Darby Creek
    RABE 13 consists of 38 rmi (60 rkm) of Big Darby Creek in Franklin, 
Madison, and Union Counties, Ohio. This unit extends from the Highway 
36 Bridge in Milford Center (Union County, Ohio) downstream to the 
State Route 665 Bridge (London Groveport Road) by Darbydale (Franklin 
County, Ohio). The unit includes the river channel up to the ordinary 
high-water mark.
    Approximately 36.8 percent (14 rmi (22 rkm)) of the riparian lands 
adjacent to, but not included in, this unit are in public (State and 
local) ownership, and 63.2 percent (24 rmi (38 rkm)) are in private 
ownership. Big Darby Creek is a State Scenic River, and adjacent State 
lands are owned or managed by the Ohio Department of Natural Resources. 
RABE 13 is occupied by the species and contains all the physical or 
biological features essential to the species' conservation. The unit 
overlaps in part or in full with proposed critical habitat for the 
federally endangered snuffbox mussel.
    The features essential to the conservation of this species may 
require special management considerations or protection to reduce the 
following threats: degradation of water quality due to contaminants; 
habitat degradation and loss due to urbanization and row crop 
agriculture; lack of connectivity due to a barrier; and the presence of 
invasive species.
RABE 14: Great Miami River
    RABE 14 consists of approximately 11 rmi (18 rkm) of the Great 
Miami River in Logan and Shelby Counties, Ohio. This unit extends from 
the dam at Riverside Park in Quincy (Logan County, Ohio) downstream to 
the Route 47 Bridge (Riverside Drive) in Sidney (Shelby County, Ohio). 
The unit includes the river channel up to the ordinary high-water mark.
    All of the riparian lands adjacent to, but not included in, this 
unit are in private ownership. RABE 14 is occupied by the species and 
contains all the physical or biological features essential to the 
species' conservation.
    The features essential to the conservation of this species may 
require special management considerations or protection to reduce the 
following threats: degradation of water quality due to contaminants; 
habitat degradation and loss due to urbanization and row crop 
agriculture; lack of connectivity due to barriers; and the presence of 
invasive species.
RABE 15: Tippecanoe River
    RABE 15 consists of 65 rmi (105 rkm) of the Tippecanoe River in 
Carroll, Pulaski, Tippecanoe, and White Counties, Indiana. The unit 
extends from the State Highway 14 Bridge near Winamac (Pulaski County, 
Indiana) downstream to the confluence of the Tippecanoe River with the 
Wabash River northeast of Battle Ground (Tippecanoe County, Indiana), 
excluding Lakes Shafer and Freeman and the stream reach between the two 
lakes. The unit includes the river channel up to the ordinary high-
water mark.
    Approximately 5.1 percent (3 rmi (5 rkm)) of the riparian lands 
adjacent to, but not included in, this unit are in public (State and 
local) ownership, and 94.9 percent (62 rmi (100 rkm)) are in private 
ownership. Adjacent State lands are owned or managed by the Indiana 
Department of Natural Resources. RABE 15 is occupied by the species and 
contains all the physical or biological features essential to the 
species' conservation. The unit overlaps in part or in full with 
designated critical habitat for the federally threatened rabbitsfoot 
(see 50 CFR 17.95(f) and 80 FR 24692, April 30, 2015) and the federally 
threatened round hickorynut (see 50 CFR 17.95(f) and 88 FR 14794; March 
9, 2023), and proposed critical habitat for the proposed endangered 
salamander mussel (88 FR 57224, August 22, 2023), the federally 
endangered sheepnose, and the federally endangered snuffbox mussel.
    The features essential to the conservation of this species may 
require special management considerations or protection to reduce the 
following threats: degradation of water quality due to contaminants; 
habitat degradation and loss due to urbanization and agriculture; lack 
of connectivity due to barriers; and the presence of invasive species.
II. Sheepnose
SHNO 1: Lower Chippewa River
    SHNO 1 consists of 57 rmi (92 rkm) of the lower Chippewa River in 
Buffalo, Dunn, Eau Claire, and Pepin Counties, Wisconsin. This unit 
extends from the confluence of the lower Chippewa River with the Eau 
Clair River (Eau Claire County, Wisconsin), downstream to its 
confluence with the Mississippi River (Buffalo/Pepin Counties, 
Wisconsin). The unit includes the river channel up to the ordinary 
high-water mark.
    Approximately 63.0 percent (36 rmi (58 rkm)) of the riparian lands 
adjacent to, but not included in, this unit are in public (Federal, 
State, and local)

[[Page 101114]]

ownership, and 37.0 percent (21 rmi (34 rkm)) are in private ownership. 
Adjacent Federal lands are owned or managed by the Service as part of 
the Upper Mississippi River National Wildlife Refuge, and adjacent 
State lands are owned or managed by the Wisconsin Department of Natural 
Resources. SHNO 1 is occupied by the species and contains all the 
physical and biological features essential to the species' 
conservation. This unit overlaps in part or in full with proposed 
critical habitat for the proposed endangered salamander mussel (88 FR 
57224; August 22, 2023).
    The features essential to the conservation of this species may 
require special management considerations or protection to reduce the 
following threats: degradation of water quality due to contaminants and 
lack of connectivity due to barriers.
SHNO 2: Kankakee River
    SHNO 2 consists of 51 rmi (82 rkm) of the Kankakee River in Grundy, 
Kankakee, and Will Counties, Illinois. This unit extends from the 
confluence of the Kankakee River with West Creek (Kankakee County, 
Illinois) downstream to its confluence with the Illinois River (Grundy 
County, Illinois). The unit includes the river channel up to the 
ordinary high-water mark.
    Approximately 54.9 percent (28 rmi (45 rkm)) of the riparian lands 
adjacent to, but not included in, this unit are in public (Federal, 
State, and local) ownership, and 45.1 percent (23 rmi (37 rkm)) are in 
private ownership. Adjacent Federal lands are owned or managed by the 
U.S. Forest Service, and adjacent State lands are owned or managed by 
the Illinois Department of Natural Resources. SHNO 2 is occupied by the 
species and contains all the physical and biological features essential 
to the species' conservation.
    The features essential to the conservation of this species may 
require special management considerations or protection to reduce the 
following threats: degradation of water quality due to contaminants and 
sedimentation, and in-stream gravel mining.
SHNO 3: Meramec and Bourbeuse Rivers
    SHNO 3 consists of 153 rmi (246 rkm) of the Meramec and Bourbeuse 
Rivers in Franklin, Jefferson, and Saint Louis Counties, Missouri. This 
unit consists of 90 rmi (145 rkm) of the Meramec River from its 
confluence with Rye Creek (Franklin County, Missouri) downstream to its 
confluence with Mississippi River (Jefferson County, Missouri). SHNO 3 
also includes 63 rmi (101 rkm) of the Bourbeuse River from its 
confluence with Little Creek downstream to its confluence with Meramec 
River, in Franklin County, Missouri. The unit includes the river 
channel up to the ordinary high-water mark.
    Approximately 23.7 percent (36 rmi (58 rkm)) of the riparian lands 
adjacent to, but not included in, this unit are in public (State and 
local) ownership, and 76.3 percent (117 rmi (188 rkm)) are in private 
ownership. Adjacent State lands are owned or managed by the Missouri 
Department of Conservation and Missouri Department of Natural 
Resources. SHNO 3 is occupied by the species and contains all the 
physical and biological features essential to the species' 
conservation. This unit overlaps in part or in full with proposed 
critical habitat for the federally endangered snuffbox, and the 
federally endangered spectaclecase.
    The features essential to the conservation of this species may 
require special management considerations or protection to reduce the 
following threats: degradation of water quality due to contaminants; 
lack of connectivity due to barriers; the presence of invasive species; 
loss of riparian zones; and habitat degradation and loss due to 
urbanization.
SHNO 4: Middle Allegheny-Tionesta
    SHNO 4 consists of 28 rmi (45 rkm)) of the Allegheny River in 
Forest and Venango Counties, Pennsylvania. This units extends from the 
confluence of the Allegheny River with Tionesta Creek (Forest County, 
Pennsylvania) downstream to its confluence with French Creek (Venango 
County, Pennsylvania). The unit includes the river channel up to the 
ordinary high-water mark.
    Approximately 0.14 percent (0.04 rmi (0.06 rkm)) of the riparian 
lands adjacent to, but not included in, this unit are in public (State 
and local) ownership, and 99.86 percent (28 rmi (45 rkm)) are in 
private ownership. Adjacent State lands are owned or managed by the 
Pennsylvania Fish and Boat Commission. SHNO 4 is occupied by the 
species and contains all the physical and biological features essential 
to the species' conservation. The unit overlaps in part or in full with 
designated critical habitat for the federally threatened longsolid (see 
50 CFR 17.95(f) and 88 FR 14794; March 9, 2023) and the federally 
threatened rabbitsfoot (see 50 CFR 17.95(f) and 80 FR 24692, April 30, 
2015), and proposed critical habitat for the federally endangered rayed 
bean.
    The features essential to the conservation of this species may 
require special management considerations or protection to reduce the 
following threats: degradation of water quality due to contaminants and 
oil and gas extraction; lack of connectivity due to barriers; habitat 
degradation and loss due to urbanization and agriculture; and the 
presence of invasive species.
SHNO 5: Upper Green
    SHNO 5 consists of 157 rmi (253 rkm) of the Green River in Butler, 
Edmonson, Green, Hart, Taylor, and Warren Counties, Kentucky. This unit 
extends from the confluence of the Green River with the Barren River 
(Taylor County, Kentucky) downstream to the Green River Dam (Butler 
County, Kentucky). The unit includes the river channel up to the 
ordinary high-water mark.
    Approximately 22.5 percent (35 rmi (56 rkm)) of the riparian lands 
adjacent to, but not included in, this unit are in public (Federal, 
State, and local) ownership, and 77.5 percent (122 rmi (196 rkm)) are 
in private ownership. Adjacent Federal lands are owned or managed by 
the U.S. Army Corps of Engineers and the National Park Service, and 
adjacent State lands are owned or managed by the Kentucky Department of 
Agriculture and the Kentucky Division of Water--Wild Rivers Program. 
SHNO 5 is occupied by the species and contains all the physical and 
biological features essential to the species' conservation. The unit 
overlaps in full or in part with designated critical habitat for the 
federally endangered diamond darter (Crystallaria cincotta) (see 50 CFR 
17.95(e) and 78 FR 52364, August 22, 2013), the federally threatened 
longsolid and the federally threatened round hickorynut (see 50 CFR 
17.95(f) and 88 FR 14794, March 9, 2023), and the federally threatened 
rabbitsfoot (see 50 CFR 17.95(f) and 80 FR 24692, April 30, 2015), and 
proposed critical habitat for the federally endangered snuffbox, and 
the federally endangered spectaclecase.
    The features essential to the conservation of this species may 
require special management considerations or protection to reduce the 
following threats: degradation of habitat and water quality from 
impoundments and associated cold water discharges; siltation and 
pollution due to improper timbering and agricultural practices; 
resource extraction; water withdrawals; and development.
SHNO 6: Tippecanoe River
    SHNO 6 consists of 84 rmi (135 rkm) of the Tippecanoe River in 
Fulton, Marshall, Pulaski, Starke, and White

[[Page 101115]]

Counties, Indiana. This unit extends from the confluence of the 
Tippecanoe River with Outlet Creek (Marshall County, Indiana) 
downstream to Lake Freeman (White County, Indiana). The unit includes 
the river channel up to the ordinary high-water mark.
    Approximately 10.35 percent (9 rmi (14 rkm)) of the riparian lands 
adjacent to, but not included in, this unit are in public (Federal, 
State, and local) ownership, and 89.65 percent (75 rmi (121 rkm)) are 
in private ownership. Adjacent Federal lands are owned or managed by 
the U.S. Department of Agriculture's Natural Resources Conservation 
Service (NRCS), and adjacent State lands are owned or managed by the 
Indiana Department of Natural Resources. SHNO 6 is occupied by the 
species and contains all the physical and biological features essential 
to the species' conservation. The unit overlaps in part or in full with 
designated critical habitat for the federally threatened rabbitsfoot 
(see 50 CFR 17.95(f) and 80 FR 24692, April 30, 2015) and the federally 
threatened round hickorynut (see 50 CFR 17.95(f) and 88 FR 14794; March 
9, 2023), and proposed critical habitat for the proposed endangered 
salamander mussel (88 FR 57224, August 22, 2023), the federally 
endangered rayed bean, and the federally endangered snuffbox mussel.
    The features essential to the conservation of this species may 
require special management considerations or protection to reduce the 
following threats: degradation of water quality due to contaminants; 
habitat degradation and loss due to urbanization and agriculture; lack 
of connectivity due to barriers; and the presence of invasive species.
SHNO 7: Walhonding River
    SHNO 7 consists of 24 rmi (38 rkm) of the Walhonding River in 
Coshocton County, Ohio. This units extends from the confluence of the 
Kokosing River and the Mohican River at Walhonding downstream to the 
confluence of the Walhonding River with the Tuscarawas River, in 
Coshocton County, Ohio. The unit includes the river channel up to the 
ordinary high-water mark.
    Approximately 4.9 percent (1 rmi (2 rkm)) of the riparian lands 
adjacent to, but not included in, this unit are in public (State and 
local) ownership, and 95.1 percent (22 rmi (36 rkm)) are in private 
ownership. Adjacent State lands are owned or managed primarily by the 
Ohio Department of Natural Resources. SHNO 7 is occupied by the species 
and contains all the physical and biological features essential to the 
species' conservation. The unit overlaps in part or in full with 
designated critical habitat for the federally threatened rabbitsfoot 
(see 50 CFR 17.95(f) and 80 FR 24692, April 30, 2015).
    The features essential to the conservation of this species may 
require special management considerations or protection to reduce the 
following threats: degradation of water quality due to contaminants, 
oil and gas extraction, and agriculture.
SHNO 8: Lower Tennessee River
    SHNO 8 consists of 23 rmi (36 rkm) of the Tennessee River in 
Livingston, Marshall, and McCracken Counties, Kentucky. This unit 
extends from the Kentucky Dam (Marshall/Livingston Counties, Kentucky) 
downstream to the confluence of the lower Tennessee River with the Ohio 
River (McCracken County, Kentucky). The unit includes the river channel 
up to the ordinary high-water mark.
    Approximately 1.8 percent (0.4 rmi (0.6 rkm)) of the riparian lands 
adjacent to, but not included in, this unit are in public (Federal) 
ownership, and 98.2 percent (22 rmi (35 rkm)) are in private ownership. 
Adjacent Federal lands are managed by the NRCS. SHNO 8 is occupied by 
the species and contains all the physical and biological features 
essential to the species' conservation. The unit overlaps in part or in 
full with designated critical habitat for the federally threatened 
rabbitsfoot (see 50 CFR 17.95(f) and 80 FR 24692, April 30, 2015).
    The features essential to the conservation of this species may 
require special management considerations or protection to reduce the 
following threats: degradation of water quality due to in-stream gravel 
mining; degradation and loss of habitat due to dredging; lack of 
connectivity due to barriers; and the presence of invasive species.
SHNO 9: Upper Clinch River
    SHNO 9 consists of 106 rmi (171 rkm) of the Clinch River in 
Russell, Scott, and Wise Counties, Virginia, and Hancock County, 
Tennessee. This unit extends from the confluence of the upper Clinch 
River with Thompson Creek (Russell County, Virginia) downstream to its 
confluence with Big Creek (Hancock County, Tennessee). The unit 
includes the river channel up to the ordinary high-water mark.
    Approximately 6.1 percent (6 rmi (9 rkm)) of the riparian lands 
adjacent to, but not included in, this unit are in public (Federal and 
State) ownership, and 93.9 percent (100 rmi (161 rkm)) are in private 
ownership. Adjacent Federal lands are owned or managed by the U.S. 
Forest Service, and adjacent State lands are owned or managed by the 
Tennessee Wildlife Resources Agency or the Virginia Department of 
Conservation and Recreation. SHNO 9 is occupied by the species and 
contains all the physical and biological features essential to the 
species' conservation. The unit overlaps in part or in full with 
designated critical habitat for the federally endangered Cumberlandian 
combshell (Epioblasma brevidens), the federally endangered oyster 
mussel (Epioblasma capsaeformis), the federally endangered purple bean 
(Villosa perpurpurea), and the federally endangered rough rabbitsfoot 
(Quadrula cylindrica strigillata) (see 50 CFR 17.95(f) and 69 FR 53136, 
August 31, 2004); the federally threatened longsolid (see 50 CFR 
17.95(f) and 88 FR 14794, March 9, 2023); the federally threatened 
slender chub (Erimystax cahni) and the federally threatened yellowfin 
madtom (Noturus flavipinnis) (see 50 CFR 17.95(e) and 42 FR 45526, 
September 9, 1977); and proposed critical habitat for the proposed 
endangered salamander mussel (88 FR 57224, August 22, 2023); the 
federally endangered rayed bean; the federally threatened sickle darter 
(Percina williamsi) (88 FR 4128; January 24, 2023); the federally 
endangered snuffbox; and the federally endangered spectaclecase.
    The features essential to the conservation of this species may 
require special management considerations or protection to reduce the 
following threats: degradation of habitat and water quality from 
downstream impoundment, mining discharges, siltation, contaminants, oil 
and gas extraction, and water withdrawals; urbanization; and the 
presence of invasive species.
SHNO 10: Powell River
    SHNO 10 consists of 63 rmi (101 rkm) of the Powell River in Lee 
County, Virginia, and Claiborne and Hancock County, Tennessee. This 
unit extends from the confluence of the Powell River with Little Yellow 
Branch (Lee County, Virginia) downstream to Highway 25E (Dixie Highway 
E) (Claiborne County, Tennessee). The unit includes the river channel 
up to the ordinary high-water mark.
    Approximately 0.5 percent (0.3 rmi (0.5 rkm)) of the riparian lands 
adjacent to, but not included in, this unit are in public (State) 
ownership, and 99.5 percent (62 rmi (100 rkm)) are in private 
ownership. Adjacent State lands are owned or managed by the Tennessee 
Department of Environment and Conservation or the Virginia Department 
of Conservation and Recreation. SHNO

[[Page 101116]]

10 is occupied by the species and contains all the physical and 
biological features essential to the species' conservation. This unit 
overlaps in part or in full with designated critical habitat for the 
federally endangered Cumberlandian combshell, federally endangered 
oyster mussel, federally endangered purple bean, and federally 
endangered rough rabbitsfoot (see 50 CFR 17.95(f) and 69 FR 53136, 
August 31, 2004); and the federally threatened slender chub and 
federally threatened yellowfin madtom (see 50 CFR 17.95(e) and 42 FR 
45526, September 9, 1977); and proposed critical habitat for the 
federally endangered snuffbox.
    The features essential to the conservation of this species may 
require special management considerations or protection to reduce the 
following threats: degradation of water quality due to contaminants, 
urbanization, oil and gas extraction, agriculture, and coal mining and 
mine runoff; lack of connectivity due to barriers; the presence of 
invasive species; and changes to the hydrological regime.
SHNO 11: Big Sunflower River
    SHNO 11 consists of 56 rmi (90 rkm) of the Big Sunflower River in 
Bolivar and Sunflower Counties, Mississippi. This unit begins where 
Merigold-Drew Road crosses the Big Sunflower River (Bolivar County, 
Mississippi) and extends downstream to the confluence of the Big 
Sunflower River with the Quiver River (Sunflower County, Mississippi). 
The unit includes the river channel up to the ordinary high-water mark.
    Approximately 4.1 percent (2 rmi (4 rkm)) of the riparian lands 
adjacent to, but not included in, this unit are in public (Federal) 
ownership, and 95.9 percent (54 rmi (86 rkm)) are in private ownership. 
Adjacent Federal lands are owned or managed by the NRCS. SHNO 11 is 
occupied by the species and contains all the physical and biological 
features essential to the species' conservation. The unit overlaps in 
part or in full with designated critical habitat for the federally 
threatened rabbitsfoot (see 50 CFR 17.95(f) and 80 FR 24692, April 30, 
2015).
    The features essential to the conservation of this species may 
require special management considerations or protection to reduce the 
following threats: degradation of water quality due to contaminants, 
sedimentation, and agriculture; degradation and loss of habitat due to 
dredging; and changes to the hydrological regime.
III. Snuffbox
SNBO 1: Wolf River
    SNBO 1 consists of 8 rmi (13 rkm) of the Wolf River in Shawano 
County, Wisconsin. This unit extends from the Shawano Dam downstream to 
the County Road CCC Bridge near the town of Waukechon, in Shawano 
County, Wisconsin. The unit includes the river channel up to the 
ordinary high-water mark.
    Approximately 17.0 percent (1 rmi (2 rkm)) of the riparian lands 
adjacent to, but not included in, this unit are in public (Federal, 
State, and local) ownership, and 83.0 percent (7 rmi (11 rkm)) are in 
private ownership. Adjacent Federal land is owned or managed by the 
Bureau of Land Management. Adjacent State lands are owned or managed by 
the Wisconsin Department of Natural Resources. SNBO 1 is occupied by 
the species and contains all the physical and biological features 
essential to the species' conservation.
    The features essential to the conservation of this species may 
require special management considerations or protection to reduce the 
following threats: degradation of water quality due to contaminants; 
habitat degradation and loss due to urbanization; lack of connectivity 
due to barriers; impacts to the hydrological regime; and the presence 
of invasive species.
SNBO 2: Embarrass River
    SNBO 2 consists of 18 rmi (29 rkm) of the Embarrass River, South 
Branch Embarrass River, and North Branch Embarrass River in Shawano 
County, Wisconsin. This unit includes approximately 5 rmi (7 rkm) of 
the Embarrass River and extends from the Caroline Dam in Grant 
downstream to its confluence with North Branch Embarrass River, in 
Shawano County, Wisconsin. The South Branch Embarrass River portion of 
this unit includes approximately 12 rmi (19 rkm) of the South Branch 
Embarrass River and extends from Spaulding Street (County Road M) in 
Tigerton downstream to its confluence with Embarrass River in Grant, in 
Shawano County, Wisconsin. The North Branch Embarrass River portion of 
this unit includes approximately 2 rmi (3 rkm) of North Branch 
Embarrass from the dam in Leopolis downstream to its confluence with 
Embarrass River, in Shawano County, Wisconsin. The unit includes the 
river channel up to the ordinary high-water mark.
    All of the riparian lands adjacent to, but not included in, this 
unit are in private ownership. SNBO 2 is occupied by the species and 
contains all the physical and biological features essential to the 
species' conservation.
    The features essential to the conservation of this species may 
require special management considerations or protection to reduce the 
following threats: degradation of water quality due to contaminants; 
habitat degradation and loss due to urbanization; lack of connectivity 
due to barriers; impacts to the hydrological regime; and the presence 
of invasive species.
SNBO 3: Little Wolf River
    SNBO 3 consists of 12 rmi (19 rkm) of the Little Wolf River in 
Waupaca County, Wisconsin. This unit extends from the Manawa Mill Pond 
Dam in Manawa downstream to the Highway X Bridge in Mukwa, in Waupaca 
County, Wisconsin. The unit includes the river channel up to the 
ordinary high-water mark.
    All of the riparian lands adjacent to, but not included in, this 
unit are in private ownership. SNBO 3 is occupied by the species and 
contains all the physical and biological features essential to the 
species' conservation.
    The features essential to the conservation of this species may 
require special management considerations or protection to reduce the 
following threats: degradation of water quality due to contaminants; 
habitat degradation and loss due to urbanization; lack of connectivity 
due to barriers; impacts to the hydrological regime; and the presence 
of invasive species.
SNBO 4: Grand River (Michigan)
    SNBO 4 consists of 41 rmi (65 rkm) of the Grand River and the Flat 
River in Ionia and Kent Counties, Michigan. The Grand River portion of 
this unit includes 40 rmi (64 rkm) of the Grand River and extends from 
the Webber Dam upstream of Lyons (Ionia County, Michigan) downstream to 
its confluence with Thornapple River in Ada (Kent County, Michigan). 
The Flat River portion of this unit includes 0.5 rmi (0.8 rkm) of the 
Flat River from West State Highway 21 in Lowell downstream to its 
confluence with Grand River in Lowell, in Kent County, Michigan. The 
unit includes the river channel up to the ordinary high-water mark.
    Approximately 33.5 percent (14 rmi (22 rkm)) of the riparian lands 
adjacent to, but not included in, this unit are in public (State and 
local) ownership, and 66.5 percent (27 rmi (43 rkm)) are in private 
ownership. Adjacent State lands are owned or managed by the Michigan 
Department of Natural Resources. SNBO 4 is occupied by the species and 
contains all the physical and biological

[[Page 101117]]

features essential to the species' conservation.
    The features essential to the conservation of this species may 
require special management considerations or protection to reduce the 
following threats: degradation of water quality due to contaminants; 
habitat degradation and loss due to urbanization; lack of connectivity 
due to barriers; and the presence of invasive species.
SNBO 5: Clinton River
    SNBO 5 consists of 8 rmi (13 rkm) of the Clinton River in Oakland 
County, Michigan. This unit extends from downstream of the fish 
hatchery at Waterford Township downstream to Cass Lake east of Four 
Towns, in Oakland County, Michigan. The unit includes the river channel 
up to the ordinary high-water mark.
    Approximately 11.0 percent (0.9 rmi (1 rkm)) of the riparian lands 
adjacent to, but not included in, this unit are in public (local) 
ownership, and 89.0 percent (7 rmi (12 rkm)) are in private ownership. 
SNBO 5 is occupied by the species and contains all the physical and 
biological features essential to the species' conservation. The unit 
overlaps in part or in full with proposed critical habitat for the 
proposed endangered salamander mussel (88 FR 57224; August 22, 2023) 
and the federally endangered rayed bean.
    The features essential to the conservation of this species may 
require special management considerations or protection to reduce the 
following threats: degradation of water quality due to contaminants; 
habitat degradation and loss due to the amount of impervious surface, 
urbanization, and the lack of canopy cover and vegetative cover in the 
riparian buffer; lack of connectivity due to barriers; and the presence 
of invasive species.
SNBO 6: Huron River
    SNBO 6 consists of 16 rmi (26 rkm) of the Huron River in Livingston 
County, Michigan. This unit extends from Strawberry Lake downstream to 
the Kent Lake Dam, in Livingston County, Michigan. The unit includes 
the river channel up to the ordinary high-water mark.
    Approximately 55.5 percent (9 rmi (14 rkm)) of the riparian lands 
adjacent to, but not included in, this unit are in public (State and 
local) ownership, and 44.5 percent (7 rmi (11 rkm)) are in private 
ownership. Adjacent State lands are owned or managed by the Michigan 
Department of Natural Resources. SNBO 6 is occupied by the species and 
contains all the physical or biological features essential to the 
species' conservation.
    The features essential to the conservation of this species may 
require special management considerations or protection to reduce the 
following threats: degradation of water quality due to contaminants; 
lack of connectivity due to barriers; and the presence of invasive 
species.
SNBO 7: Grand River (Ohio)
    SNBO 7 consists of 23 rmi (37 rkm) of the Grand River in Ashtabula 
and Lake Counties, Ohio. This unit extends from the Harpersfield Dam in 
Harpersfield (Ashtabula County, Ohio) downstream to the Norfolk and 
Western Railroad Trestle (Lake County, Ohio). The unit includes the 
river channel up to the ordinary high-water mark.
    Approximately 33.1 percent (8 rmi (12 rkm)) of the riparian lands 
adjacent to, but not included in, this unit are in public (local) 
ownership, and 66.9 percent (16 rmi (25 rkm)) are in private ownership. 
SNBO 7 is occupied by the species and contains all the physical or 
biological features essential to the species' conservation. This unit 
overlaps in part or in full with designated critical habitat for the 
federally threatened round hickorynut (see 50 CFR 17.95(f) and 88 FR 
14794, March 9, 2023).
    The features essential to the conservation of this species may 
require special management considerations or protection to reduce the 
following threats: degradation of habitat and water quality from 
impoundments, domestic and industrial pollution due to human 
development, resource extraction, water withdrawals, and wastewater 
treatment plants; and the presence of invasive species.
SNBO 8: Allegheny River
    SNBO 8 consists of 35 rmi (57 rkm) of the Allegheny River in 
Venango County, Pennsylvania. This unit extends from the Allegheny 
River's confluence with French Creek near Franklin downstream to 
Interstate 80 near Emlenton, in Venango County, Pennsylvania. The unit 
includes the river channel up to the ordinary high-water mark.
    Approximately 18.6 percent (6 rmi (11 rkm)) of the riparian lands 
adjacent to, but not included in, this unit are in public (State and 
local) ownership, and 81.4 percent (29 rmi (46 rkm)) are in private 
ownership. Adjacent State lands are owned or managed by the 
Pennsylvania Bureau of Forestry and the Pennsylvania Fish and Boat 
Commission. SNBO 8 is occupied by the species and contains all the 
physical or biological features essential to the species' conservation. 
The unit overlaps in part or in full with designated critical habitat 
for the federally threatened longsolid (see 50 CFR 17.95(f) and 88 FR 
14794; March 9, 2023) and the federally threatened rabbitsfoot (see 50 
CFR 17.95(f) and 80 FR 24692, April 30, 2015), and proposed critical 
habitat for the federally endangered rayed bean and the federally 
endangered sheepnose.
    The features essential to the conservation of this species may 
require special management considerations or protection to reduce the 
following threats: degradation of water quality due to contaminants and 
row crop agriculture; lack of connectivity due to barriers (e.g., locks 
and dams); oil and gas development; channelization; and the presence of 
invasive species.
SNBO 9: French Creek
    SNBO 9 consists of 130 rmi (209 rkm) of French Creek, West Branch 
French Creek, LeBoeuf Creek, Cussewago Creek, Woodcock Creek, Muddy 
Creek, and Conneaut Outlet in Erie, Crawford, Lebanon, Mercer, and 
Venango Counties, Pennsylvania. The French Creek portion of this unit 
includes 75 rmi (121 rkm) from the Union City Reservoir Dam northeast 
of Union City (Erie County, Pennsylvania) downstream to its confluence 
with Allegheny River near Franklin (Venango County, Pennsylvania). The 
West Branch French Creek portion of this unit includes 19 rmi (30 rkm) 
from the Aston Road Bridge in Greenfield Township just west of the New 
York/Pennsylvania State line downstream to its confluence with French 
Creek in Wattsburg, in Erie County, Pennsylvania. The LeBoeuf Creek 
portion of this unit includes 3 rmi (5 rkm) from U.S. Highway 19 
downstream to its confluence with French Creek in Le Boeuf Township, in 
Erie County, Pennsylvania. The Cussewago Creek portion of this unit 
includes 1 rmi (2 rkm) from Dunham Road in Fredericksburg (Lebanon 
County, Pennsylvania) downstream to its confluence with French Creek in 
Meadville (Crawford County, Pennsylvania). The Woodcock Creek portion 
of this unit includes 4 rmi (6 rkm) from the Woodcock Dam downstream to 
its confluence with French Creek in Saegertown, in Crawford County, 
Pennsylvania. The Muddy Creek portion of this unit includes 14 rmi (22 
rkm) from Pennsylvania Highway 77 near Little Cooley downstream to its 
confluence with French Creek east of Cambridge Springs, in Crawford 
County, Pennsylvania. The Conneaut Outlet portion of this unit includes 
14 rmi (23

[[Page 101118]]

rkm) from Conneaut Lake downstream to its confluence with French Creek 
in Fairfield Township, in Crawford County, Pennsylvania. The unit 
includes the river channel up to the ordinary high-water mark.
    Approximately 23.2 percent (30 rmi (48 rkm)) of the riparian lands 
adjacent to, but not included in, this unit are in public (Federal, 
State, and local) ownership, and 76.8 percent (100 rmi (161 km)) are in 
private ownership. Adjacent Federal lands are owned or managed by the 
Service. Adjacent State lands are owned or managed by the Pennsylvania 
Fish and Boat Commission and the Pennsylvania Game Commission. SNBO 9 
is occupied by the species and contains all the physical or biological 
features essential to the species' conservation. The unit overlaps in 
part or in full with designated critical habitat for the federally 
threatened longsolid (see 50 CFR 17.95(f) and 88 FR 14794; March 9, 
2023), the federally threatened rabbitsfoot (see 50 CFR 17.95(f) and 80 
FR 24692, April 30, 2015), and proposed critical habitat for the 
proposed endangered salamander mussel (88 FR 57224, August 22, 2023), 
the federally endangered rayed bean, and the federally endangered 
sheepnose.
    The features essential to the conservation of this species may 
require special management considerations or protection to reduce the 
following threats: degradation of habitat and water quality from row 
crop agriculture and oil and gas development.
SNBO 10: West Fork River
    SNBO 10 consists of 22 rmi (35 rkm) of the West Fork River in Lewis 
and Harrison Counties, West Virginia. This unit extends from the Broad 
Run Road Bridge (County Road 8) in Lewis County, West Virginia, 
downstream to the Trolley Car Lane Bridge in Clarksburg (Harrison 
County, West Virginia). The unit includes the river channel up to the 
ordinary high-water mark.
    All of the riparian lands adjacent to, but not included in, this 
unit are in private ownership. SNBO 10 is occupied by the species and 
contains all the physical or biological features essential to the 
species' conservation.
    The features essential to the conservation of this species may 
require special management considerations or protection to reduce the 
following threats: degradation of habitat and water quality from oil 
and gas development and contaminants, and lack of connectivity due to 
barriers.
SNBO 11: Shenango River
    SNBO 11 consists of 28 rmi (45 rkm) of the Shenango River and the 
Little Shenango River in Crawford and Mercer Counties, Pennsylvania. 
The Shenango River portion of the unit includes 24 rmi (39 rkm) from 
Dam Road at the Pymatuning Reservoir Dam outlet in Crawford County, 
Pennsylvania, downstream to the point of inundation by Shenango River 
Lake near Big Bend (Mercer County, Pennsylvania). The Little Shenango 
River portion of this unit includes 4 rmi (6 rkm) from the County Road 
4017 Bridge (Werner Road Bridge) downstream to the confluence with 
Shenango River in Greenville, in Mercer County, Pennsylvania. The unit 
includes the river channel up to the ordinary high-water mark.
    Approximately 4.4 percent (1 rmi (2 rkm)) of the riparian lands 
adjacent to, but not included in, this unit are in public (State and 
local) ownership, and 95.6 percent (27 rmi (43 rkm)) are in private 
ownership. Adjacent State lands are owned or managed by the 
Pennsylvania Bureau of State Parks. SNBO 11 is occupied by the species 
and contains all the physical or biological features essential to the 
species' conservation. The unit overlaps in part or in full with 
designated critical habit for the federally threatened longsolid and 
the federally threatened round hickorynut (see 50 CFR 17.95(f) and 88 
FR 14794; March 9, 2023); and the federally threatened rabbitsfoot (see 
50 CFR 17.95(f) and 80 FR 24692, April 30, 2015).
    The features essential to the conservation of this species may 
require special management considerations or protection to reduce the 
following threats: degradation of habitat and water quality from oil 
and gas development and contaminants, and lack of connectivity due to 
barriers.
SNBO 12: Middle Island Creek
    SNBO 12 consists of 87 rmi (140 rkm) of Middle Island Creek, 
Meathouse Fork, and McElroy Creek in Doddridge, Tyler, and Pleasants 
Counties, West Virginia. The Middle Island Creek portion of this unit 
includes approximately 76 rmi (122 rkm) from the beginning of Middle 
Island Creek (i.e., where Meathouse Fork and Beaver Creek join forming 
Middle Island Creek) south of Smithburg in Doddridge County, West 
Virginia, downstream to the confluence with the Ohio River at St. 
Mary's (Pleasants County, West Virginia). The Meathouse Fork portion of 
this unit includes approximately 7 rmi (11 rkm) from the State Highway 
18 Bridge southeast of Blandville downstream to where Beaver Creek and 
Meathouse Creek join to form Middle Island Creek, in Doddridge County, 
West Virginia. The McElroy Creek portion of this unit includes 
approximately 5 rmi (8 rkm) from the Whitetail Lane Bridge to its 
confluence with Middle Island Creek in Alma, in Tyler County, West 
Virginia. The unit includes the river channel up to the ordinary high-
water mark.
    Approximately 2.6 percent (2 rmi (3 rkm)) of the riparian lands 
adjacent to, but not included in, this unit are in public (Federal, 
State, and local) ownership, and 97.4 percent (85 rmi (137 rkm)) are in 
private ownership. Adjacent Federal lands are owned or managed by the 
Service. Adjacent State lands are owned or managed by the West Virginia 
Division of Natural Resources. SNBO 12 is occupied by the species and 
contains all the physical or biological features essential to the 
species' conservation. The unit overlaps in part or in full with 
designated critical habit for the federally threatened longsolid and 
the federally threatened round hickorynut (see 50 CFR 17.95(f) and 88 
FR 14794; March 9, 2023); and proposed critical habitat for the 
proposed endangered salamander mussel (88 FR 57224, August 22, 2023).
    The features essential to the conservation of this species may 
require special management considerations or protection to reduce the 
following threats: degradation of habitat and water quality from oil 
and gas development and contaminants, and the presence of invasive 
species.
SNBO 13: Little Kanawha River
    SNBO 13 consists of 218 rmi (351 rkm) of the Little Kanawha River, 
Leading Creek, Hughes River, North Fork Hughes River, and South Fork 
Hughes River in Braxton, Calhoun, Gilmer, Ritchie, Wood, and Wirt 
Counties, West Virginia. The Little Kanawha River portion of this unit 
includes approximately 127 rmi (204 rkm) from Burnsville Dam (which is 
in neighboring Braxton County) downstream to the confluence with the 
Ohio River in Parkersburg (Wood County, West Virginia). The Leading 
Creek portion of this unit includes approximately 12 rmi (20 rkm) from 
the Ellis Run Road Bridge southwest of Troy downstream to the 
confluence with the Little Kanawha River northwest of Glenville, in 
Gilmer County, West Virginia. The Hughes River portion of this unit 
includes approximately 7 rmi (12 rkm) from the convergence of the North 
and South Forks Hughes River in Freeport downstream to the confluence 
of the Little Kanawha River in

[[Page 101119]]

Greencastle, in Wirt County, West Virginia. The North Fork Hughes River 
portion of this unit includes approximately 27 rmi (44 rkm) from the 
North Bend Dam near Harrisville (Ritchie County, West Virginia) 
downstream to the convergence with the South Fork Hughes River in 
Freeport (Wirt County, West Virginia). The South Fork Hughes River 
portion of this unit includes approximately 44 rmi (71 rkm) from the 
State Route 74 Bridge in Ritchie County, West Virginia, downstream to 
the convergence with the North Fork Hughes River in Freeport (Wirt 
County, West Virginia). The unit includes the river channel up to the 
ordinary high-water mark.
    Approximately 7.9 percent (17 rmi (28 rkm) of the riparian lands 
adjacent to, but not included in, this unit are in public (Federal, 
State, and local) ownership, and 92.1 percent (201 rmi (323 rkm)) are 
in private ownership. Adjacent Federal lands are owned or managed by 
the Service. Adjacent State lands are owned or managed by the West 
Virginia Division of Natural Resources. SNBO 13 is occupied by the 
species and contains all the physical or biological features essential 
to the species' conservation. The unit overlaps in part or in full with 
designated critical habitat for the federally threatened longsolid and 
the federally threatened round hickorynut (see 50 CFR 17.95(f) and 88 
FR 14794, March 9, 2023); and proposed critical habitat for the 
proposed endangered salamander mussel (88 FR 57224; August 22, 2023).
    The features essential to the conservation of this species may 
require special management considerations or protection to reduce the 
following threats: degradation of habitat and water quality from 
impoundments, siltation, and pollution due to improper timbering 
practices, resource extraction, water withdrawals, development, and 
wastewater treatment plants; and the presence of invasive species.
SNBO 14: Kanawha River
    SNBO 14 consists of 107 rmi (172 rkm) of the Kanawha River and the 
Elk River in Braxton, Clay, and Kanawha Counties, West Virginia. The 
Kanawha River portion of this unit includes 5 rmi (8 rkm) from its 
confluence with the Elk River in Charleston downstream to the westbound 
crossing of Interstate 64 in western Charleston, in Kanawha County, 
West Virginia. The Elk River portion of this unit includes 102 rmi (164 
rkm) from Sutton Dam in Braxton and Webster Counties, West Virginia, 
downstream to its confluence with the Kanawha River in Charleston 
(Kanawha County, West Virginia). The unit includes the river channel up 
to the ordinary high-water mark.
    Approximately 0.3 percent (0.3 rmi (0.5 rkm)) of the riparian lands 
adjacent to, but not included in, this unit are in public (local) 
ownership, and 99.7 percent (107 mi (172 km)) are in private ownership. 
SNBO 14 is occupied by the species and contains all the physical or 
biological features essential to the species' conservation. The unit 
overlaps in part or in full with designated critical habitat for the 
federally endangered diamond darter (see 50 CFR 17.95(e) and 78 FR 
52364, August 22, 2013), and for the federally threatened longsolid and 
federally threatened round hickorynut (see 50 CFR 17.95(f) and 88 FR 
14794, March 9, 2023).
    The features essential to the conservation of this species may 
require special management considerations or protection to reduce the 
following threats: the degradation of habitat and water quality from 
impoundments, siltation, and pollution due to improper timbering 
practices, resource extraction, water withdrawals, development, and 
wastewater treatment plants; and the presence of invasive species.
SNBO 15: Olentangy River
    SNBO 15 consists of 30 rmi (48 rkm) of the Olentangy River in 
Marion County, Ohio. This unit extends from the Crawford-Marion Line 
Road Bridge at the Crawford and Marion County line downstream to the 
Delaware Dam impoundment (Marion/Delaware County Line, Ohio). The unit 
includes the river channel up to the ordinary high-water mark.
    Approximately 0.9 percent (0.3 rmi (0.5 rkm)) of the riparian lands 
adjacent to, but not included in, this unit are in public (Federal, 
State, and local) ownership, and 99.1 percent (30 rmi (48 rkm)) are in 
private ownership. Adjacent Federal lands are owned or managed by the 
U.S. Army Corps of Engineers. Adjacent State lands are owned or managed 
by the Ohio Department of Natural Resources. SNBO 15 is occupied by the 
species and contains all the physical or biological features essential 
to the species' conservation.
    The features essential to the conservation of this species may 
require special management considerations or protection to reduce the 
following threats: degradation of water quality due to contaminants, 
and habitat degradation and loss due to urbanization and row crop 
agriculture.
SNBO 16: Little Darby Creek
    SNBO 16 consists of 21 rmi (35 rkm) of Little Darby Creek in Union 
and Madison Counties, Ohio. This unit extends from the Ohio Highway 161 
Bridge near Chuckery (Union County, Ohio) downstream to the U.S. 
Highway 40 Bridge near West Jefferson (Madison County, Ohio). The unit 
includes the river channel up to the ordinary high-water mark.
    Approximately 19.6 percent (4 rmi (7 rkm)) of the riparian lands 
adjacent to, but not included in, this unit are in public (State and 
local) ownership, and 80.4 percent (17 rmi (28 rkm)) are in private 
ownership. Adjacent State lands are owned or managed by the Ohio 
Department of Natural Resources. SNBO 16 is occupied by the species and 
contains all the physical or biological features essential to the 
species' conservation. The unit overlaps in part or in full with 
designated critical habitat for the federally threatened rabbitsfoot 
(see 50 CFR 17.95(f) and 80 FR 24692, April 30, 2015) and proposed 
critical habitat for the federally endangered rayed bean.
    The features essential to the conservation of this species may 
require special management considerations or protection to reduce the 
following threats: degradation of water quality due to contaminants, 
and habitat degradation and loss due to urbanization and row crop 
agriculture.
SNBO 17: Big Darby Creek
    SNBO 17 consists of 38 rmi (60 rkm) of Big Darby Creek in Union, 
Madison, and Franklin Counties, Ohio. This unit extends from the U.S. 
Highway 36 Bridge in Milford Center (Union County, Ohio) downstream to 
the State Highway 665 Bridge west of Darbydale (Franklin County, Ohio). 
The unit includes the river channel up to the ordinary high-water mark.
    Approximately 36.8 percent (14 rmi (22 rkm)) of the riparian lands 
adjacent to, but not included in, this unit are in public (State and 
local) ownership, and 63.2 percent (24 rmi (38 rkm)) are in private 
ownership. Adjacent State lands are owned or managed by the Ohio 
Department of Natural Resources. SNBO 17 is occupied by the species and 
contains all the physical or biological features essential to the 
species' conservation. This unit overlaps in part or in full with 
proposed critical habitat for the federally endangered rayed bean.
    The features essential to the conservation of this species may 
require special management considerations or protection to reduce the 
following threats: degradation of water quality due to contaminants, 
and habitat degradation and loss due to urbanization and row crop 
agriculture.

[[Page 101120]]

SNBO 18: Stillwater River
    SNBO 18 consists of 12 rmi (19 rkm) of the Stillwater River in 
Miami and Montgomery Counties, Ohio. This unit extends from the Fenner 
Road Bridge (County Road 37) in Miami County, Ohio, downstream to the 
Old Springfield Road Bridge in Union City (Montgomery County, Ohio). 
The unit includes the river channel up to the ordinary high-water mark.
    Approximately 5.5 percent (0.6 rmi (1 rkm)) of the riparian lands 
adjacent to, but not included in, this unit are in public (local) 
ownership, and 94.5 percent (11 rmi (18 rkm)) are in private ownership. 
SNBO 18 is occupied by the species and contains all the physical or 
biological features essential to the species' conservation.
    The features essential to the conservation of this species may 
require special management considerations or protection to reduce the 
following threats: degradation of water quality due to contaminants; 
habitat degradation and loss due to urbanization; lack of connectivity 
due to barriers; and the presence of invasive species.
SNBO 19: Tygarts Creek
    SNBO 19 consists of 89 rmi (143 rkm) of Tygarts Creek in Carter and 
Greenup Counties, Kentucky. This unit extends from the confluence of 
Flat Fork just north of U.S Highway 60 in Carter County, Kentucky, 
downstream to the confluence with the Ohio River in South Shore 
(Greenup County, Kentucky). The unit includes the river channel up to 
the ordinary high-water mark.
    Approximately 1.4 percent (1 rmi (2 rkm)) of the riparian lands 
adjacent to, but not included in, this unit are in public (State) 
ownership, and 98.6 percent (88 rmi (141 rkm)) are in private 
ownership. Adjacent State lands are owned or managed by the Kentucky 
Department of Parks. SNBO 19 is occupied by the species and contains 
all the physical or biological features essential to the species' 
conservation.
    The features essential to the conservation of this species may 
require special management considerations or protection to reduce the 
following threats: degradation of water quality due to contaminants; 
lack of connectivity due to barriers; and the presence of invasive 
species.
SNBO 20: Kinniconick Creek
    SNBO 20 consists of 52 rmi (84 rkm) of Kinniconick Creek in Lewis 
County, Kentucky. This unit extends from the headwaters of Kinniconick 
Creek southwest of Petersville downstream to its confluence with the 
Ohio River at Rexton, in Lewis County, Kentucky. The unit includes the 
river channel up to the ordinary high-water mark.
    All the riparian lands adjacent to, but not included in, this unit 
are in private ownership. SNBO 20 is occupied by the species and 
contains all the physical or biological features essential to the 
species' conservation. The unit overlaps in part or in full with 
proposed critical habitat for the proposed endangered salamander mussel 
(88 FR 57224; August 22, 2023). The unit overlaps in part or in full 
with proposed critical habitat for the proposed endangered salamander 
mussel (88 FR 57224; August 22, 2023).
    The features essential to the conservation of this species may 
require special management considerations or protection to reduce the 
following threats: degradation of water quality due to contaminants; 
lack of connectivity due to barriers; the presence of invasive species; 
impacts to the hydrological regime; and habitat degradation and loss 
due to urbanization, agriculture, and the lack of canopy cover and 
vegetative cover in the riparian buffer.
SNBO 21: Licking River
    SNBO 21 consists of 239 rmi (385 rkm) of the Licking River and 
Slate Creek in Bath, Bracken, Campbell, Fleming, Harrison, Kenton, 
Menifee, Montgomery, Nicholas, Pendleton, Robertson, and Rowan 
Counties, Kentucky. The Licking River portion of this unit includes 179 
rmi (288 rkm) from the Cave Run Dam in Bath/Rowan Counties, Kentucky, 
downstream to the confluence with the Ohio River in Covington (Kenton 
County, Kentucky). The Slate Creek portion of this unit includes 60 rmi 
(97 rkm) from the U.S. Route 460 Bridge in Menifee County, Kentucky, 
downstream to the confluence with Licking River in Bath County, 
Kentucky. The unit includes the river channel up to the ordinary high-
water mark.
    Approximately 8.6 percent (20 rmi (33 rkm)) of the riparian lands 
adjacent to, but not included in, this unit are in public (Federal, 
State, and local) ownership, and 91.4 percent (219 rmi (352 rkm)) are 
in private ownership. Adjacent Federal lands are owned or managed by 
the U.S. Forest Service. Adjacent State lands are owned or managed by 
the Kentucky State Nature Preserves Commission, Kentucky Department of 
Fish and Wildlife Resources, and the Kentucky Department of Parks. SNBO 
21 is occupied by the species and contains all the physical or 
biological features essential to the species' conservation. The unit 
entirely overlaps in part or in full with designated critical habitat 
for the federally threatened longsolid and the federally threatened 
round hickorynut (see 50 CFR 17.95(f) and 88 FR 14794, March 9, 2023); 
and proposed critical habitat for the proposed endangered salamander 
mussel (88 FR 57224; August 22, 2023).
    The features essential to the conservation of this species may 
require special management considerations or protection to reduce the 
following threats: degradation of habitat and water quality from 
impoundments and associated cold water discharges, siltation, and 
pollution due to improper timbering practices, resource extraction, 
water withdrawals, development, and wastewater treatment plants; and 
the presence of invasive species.
SNBO 22: Middle Fork Kentucky River
    SNBO 22 consists of 13 rmi (21 rkm) of the Middle Fork Kentucky 
River in Leslie County, Kentucky. This unit extends from the dam south 
of Hyden downstream to County Road 1475, in Leslie County, Kentucky. 
The unit includes the river channel up to the ordinary high-water mark.
    All of the riparian lands adjacent to, but not included in, this 
unit are in private ownership. SNBO 22 is occupied by the species and 
contains all the physical or biological features essential to the 
species' conservation.
    The features essential to the conservation of this species may 
require special management considerations or protection to reduce the 
following threats: degradation of habitat and water quality from 
sedimentation, oil and gas development, and pipeline crossings.
SNBO 23: Red Bird River
    SNBO 23 consists of 60 rmi (96 rkm) of the Red Bird River and South 
Fork Kentucky River in Clay, Lee, and Owsley Counties, Kentucky. The 
Red Bird River portion of this unit extends from the East Hal Rogers 
Parkway downstream to its confluence with the South Fork Kentucky River 
near Oneida, in Clay County, Kentucky. The South Fork Kentucky River 
portion of this unit extends from its confluence with the Red Bird 
River (Clay County, Kentucky) downstream to its confluence with the 
North Fork Kentucky River in Beattyville (Lee County, Kentucky). The 
unit includes the river channel up to the ordinary high-water mark.
    Approximately 8.0 percent (5 rmi (8 rkm)) of the riparian lands 
adjacent to, but not included in, this unit are in public (Federal) 
ownership, and 92.0 percent (55 rmi (88 rkm)) are in private ownership. 
Adjacent Federal lands are owned or managed by the U.S. Forest

[[Page 101121]]

Service. SNBO 23 is occupied by the species and contains all the 
physical or biological features essential to the species' conservation.
    The features essential to the conservation of this species may 
require special management considerations or protection to reduce the 
following threats: degradation of water quality due to contaminants; 
the presence of invasive species; and impacts to the hydrological 
regime.
SNBO 24: Red River
    SNBO 24 consists of 31 rmi (49 rkm) of the Red River in Wolfe, 
Menifee, and Powell Counties, Kentucky. This unit extends from the Red 
River's confluence with Stillwater Creek (Wolfe County, Kentucky) 
downstream to the Bert T. Combs Mountain Parkway Bridge (Powell County, 
Kentucky). The unit includes the river channel up to the ordinary high-
water mark.
    Approximately 60.5 percent (19 rmi (30 rkm)) of the riparian lands 
adjacent to, but not included in, this unit are in public (Federal and 
State) ownership, and 39.5 percent (12 rmi (19 rkm)) are in private 
ownership. Adjacent Federal lands are owned or managed by the U.S. 
Forest Service. Adjacent State lands are owned or managed by the 
Kentucky Division of Water. SNBO 24 is occupied by the species and 
contains all the physical or biological features essential to the 
species' conservation.
    The features essential to the conservation of this species may 
require special management considerations or protection to reduce the 
following threats: degradation of water quality due to contaminants and 
urbanization; the presence of invasive species; and barriers to 
connectivity.
SNBO 25: Green River
    SNBO 25 consists of 157 rmi (253 rkm) of the Green River in Butler, 
Warren, Edmonson, Green, Hart, and Taylor Counties, Kentucky. This unit 
extends from the Green River Lake Dam south of Campbellsville (Taylor 
County, Kentucky) downstream to the confluence with the Barren River at 
Woodbury (Warren/Butler Counties, Kentucky). The unit includes the 
river channel up to the ordinary high-water mark.
    Approximately 22.7 percent (36 rmi (58 rkm)) of the riparian lands 
adjacent to, but not included in, this unit are in public (Federal, 
State, and local) ownership, and 77.3 percent (121 rmi (195 rkm)) are 
in private ownership. Adjacent Federal lands are owned or managed by 
the National Park Service. Adjacent State lands are owned or managed by 
the Kentucky Department of Agriculture. SNBO 25 is occupied by the 
species and contains all the physical or biological features essential 
to the species' conservation. This unit overlaps in part or in full 
with designated critical habitat for the federally endangered diamond 
darter (see 50 CFR 17.95(e) and 78 FR 52364, August 22, 2013); the 
federally threatened longsolid and the federally threatened round 
hickorynut (see 50 CFR 17.95(f) and 88 FR 14794, March 9, 2023); and 
the federally threatened rabbitsfoot (see 50 CFR 17.95(f) and 80 FR 
24692, April 30, 2015); and proposed critical habitat for the federally 
endangered sheepnose and the federally endangered spectaclecase.
    The features essential to the conservation of this species may 
require special management considerations or protection to reduce the 
following threats: degradation of habitat and water quality from 
impoundments and associated cold water discharges, siltation and 
pollution due to improper timbering and agricultural practices, 
resource extraction, water withdrawals, and development.
SNBO 26: Salamonie River
    SNBO 26 consists of 12 rmi (19 rkm) of the Salamonie River in 
Huntington County, Indiana. The unit extends from the lowhead dam by 
the intersection of County Road W 700 S and S. Belleville Road in 
Jefferson Township downstream to Salamonie Lake east of Mount Etna, in 
Huntington County, Indiana. The unit includes the river channel up to 
the ordinary high-water mark.
    Approximately 76.1 percent (9 rmi (14 rkm)) of the riparian lands 
adjacent to, but not included in, this unit are in public (Federal) 
ownership, and 23.9 percent (3 rmi (5 rkm)) are in private ownership. 
Adjacent Federal land is owned or managed by the U.S. Army Corps of 
Engineers. SNBO 26 is occupied by the species and contains all the 
physical or biological features essential to the species' conservation.
    The features essential to the conservation of this species may 
require special management considerations or protection to reduce the 
following threats: degradation of water quality due to contaminants and 
urbanization; the presence of invasive species; and changes to the 
hydrological regime.
SNBO 27: Tippecanoe River
    SNBO 27 consists of 65 rmi (105 rkm) of the Tippecanoe River in 
Carroll, Pulaski, Tippecanoe, and White Counties, Indiana. The unit 
extends from the State Highway 14 Bridge near Winamac (Pulaski County, 
Indiana) downstream to the Tippecanoe River's confluence with the 
Wabash River northeast of Battle Ground (Tippecanoe County, Indiana), 
excluding Lakes Shafer and Freeman and the stream reach between the two 
lakes. The unit includes the river channel up to the ordinary high-
water mark.
    Approximately 5.1 percent (3 rmi (5 rkm)) of the riparian lands 
adjacent to, but not included in, this unit are in public (State and 
local) ownership, and 94.9 percent (62 rmi (100 rkm)) are in private 
ownership. Adjacent State land is owned or managed by the Indiana 
Department of Natural Resources. SNBO 27 is occupied by the species and 
contains all the physical or biological features essential to the 
species' conservation. This unit overlaps in part or in full with 
designated critical habitat for the federally threatened rabbitsfoot 
(see 50 CFR 17.95(f) and 80 FR 24692, April 30, 2015) and the federally 
threatened round hickorynut (see 50 CFR 17.95(f) and 88 FR 14794; March 
9, 2023), and proposed critical habitat for the proposed endangered 
salamander mussel (88 FR 57224, August 22, 2023), the federally 
endangered sheepnose, and federally endangered rayed bean.
    The features essential to the conservation of this species may 
require special management considerations or protection to reduce the 
following threats: degradation of water quality due to contaminants and 
urbanization; barriers to connectivity; the presence of invasive 
species; and changes to the hydrological regime.
SNBO 28: Embarras River
    SNBO 28 consists of 71 rmi (114 rkm) of the Embarras River in 
Coles, Douglas, and Cumberland Counties, Illinois. The unit extends 
from the East County Road 1550 North Bridge on the border of Crittenden 
Township and Camargo Township (Douglas County, Illinois) downstream to 
the County Road 1200 North Bridge in Cottonwood Township (Cumberland 
County, Illinois). The unit includes the river channel up to the 
ordinary high-water mark.
    Approximately 11.5 percent (8 rmi (13 rkm)) of the riparian lands 
adjacent to, but not included in, this unit are in public (State and 
local) ownership, and 88.5 percent (63 rmi (101 rkm)) are in private 
ownership. Adjacent State land is owned or managed by the Illinois 
Department of Natural Resources. SNBO 28 is occupied by the species and 
contains all the physical or biological features essential to the 
species' conservation.
    The features essential to the conservation of this species may 
require special management considerations or

[[Page 101122]]

protection to reduce the following threats: degradation of water 
quality due to contaminants and urbanization; barriers to connectivity; 
the presence of invasive species; and changes to the hydrological 
regime.
SNBO 29: Rolling Fork Salt River
    SNBO 29 consists of 95 rmi (153 rkm) of the Rolling Fork Salt River 
in Marion, LaRue, Hardin, Nelson, and Bullitt Counties, Kentucky. This 
unit extends from the confluence with North Rolling Fork near State 
Highway 337 (Marion County, Kentucky) downstream to the Interstate 65 
Bridge southwest of Lebanon Junction (Bullitt County, Kentucky). The 
unit includes the river channel up to the ordinary high-water mark.
    All of the riparian lands adjacent to, but not included in, this 
unit are in private ownership. SNBO 29 is occupied by the species and 
contains all the physical or biological features essential to the 
species' conservation. The unit overlaps in part or in full with 
proposed critical habitat for the proposed endangered salamander mussel 
(88 FR 57224, August 22, 2023).
    The features essential to the conservation of this species may 
require special management considerations or protection to reduce the 
following threats: degradation of water quality due to contaminants and 
urbanization; barriers to connectivity; the presence of invasive 
species; and changes to the hydrological regime.
SNBO 30: Clinch River
    SNBO 30 consists of 170 rmi (273 rkm) of the Clinch River in 
Russell, Scott, Tazewell, and Wise Counties, Virginia, and Claiborne, 
Grainger, and Hancock Counties, Tennessee. This unit extends from State 
Highway 637 west of Pounding Mill in Tazewell County, Virginia, to just 
downstream of Grissom Island, in Hancock County, Tennessee. The unit 
includes the river channel up to the ordinary high-water mark.
    Approximately 5.9 percent (10 rmi (16 rkm)) of the riparian lands 
adjacent to, but not included in, this unit are in public (Federal, 
State, and local) ownership, and 94.1 percent (160 rmi (257 rkm)) are 
in private ownership. Adjacent Federal land is owned or managed by the 
U.S. Forest Service. Adjacent State land is owned or managed by the 
Tennessee Wildlife Resources Agency and Virginia Department of 
Conservation and Recreation. SNBO 30 is occupied by the species and 
contains all the physical or biological features essential to the 
species' conservation. This unit overlaps in part or in full with 
designated critical habitat for the federally threatened longsolid (see 
50 CFR 17.95(f) and 88 FR 14794, March 9, 2023); the federally 
endangered purple bean, the federally endangered oyster mussel, the 
federally endangered rough rabbitsfoot, and federally endangered 
Cumberlandian combshell (see 50 CFR 17.95(f) and 69 FR 53136, August 
31, 2004), the federally endangered fluted kidneyshell (Ptychobranchus 
subtentus) and the federally endangered slabside pearlymussel 
(Pleuronaia dolabelloides) (see 50 CFR 17.95(f) and 78 FR 59556, 
September 26, 2013); and the federally threatened slender chub and the 
federally threatened yellowfin madtom (see 50 CFR 17.95(e) and 42 FR 
45526, September 9, 1977). The unit also overlaps in part or in full 
with proposed critical habitat for the federally threatened sickle 
darter (88 FR 4128; January 24, 2023); the federally endangered 
sheepnose, and the federally endangered spectaclecase.
    The features essential to the conservation of this species may 
require special management considerations or protection to reduce the 
following threats: degradation of habitat and water quality from 
downstream impoundment, mining discharges, siltation, contaminants, oil 
and gas extraction, water withdrawals, and urbanization; and the 
presence of invasive species.
SNBO 31: Powell River
    SNBO 31 consists of 66 rmi (106 rkm) of the Powell River in Lee 
County, Virginia, and Hancock and Claiborne Counties, Tennessee. This 
unit extends from the Flanary Bridge Road Bridge (State Highway 758) in 
Lee County, Virginia, downstream to U.S. 25E Bridge in Claiborne 
County, Tennessee. The unit includes the river channel up to the 
ordinary high-water mark.
    Approximately 0.5 percent (0.3 rmi (0.5 rkm)) of the riparian lands 
adjacent to, but not included in, this unit are in public (State) 
ownership, and 99.5 percent (66 rmi (106 rkm)) are in private 
ownership. Adjacent State land is owned or managed by the Tennessee 
Department of Environment and Conservation. SNBO 31 is occupied by the 
species and contains all the physical or biological features essential 
to the species' conservation. This unit overlaps in part or in full 
with designated critical habitat for the federally endangered 
Cumberlandian combshell, the federally endangered oyster mussel, the 
federally endangered purple bean, and the federally endangered rough 
rabbitsfoot (see 50 CFR 17.95(f) and 69 FR 53136, August 31, 2004); the 
federally endangered fluted kidneyshell and the federally endangered 
slabside pearlymussel (see 50 CFR 17.95(f) and 78 FR 59556, September 
26, 2013); and the federally threatened yellowfin madtom and the 
federally threatened slender chub (see 50 CFR 17.95(e) and 42 FR 45526, 
September 9, 1977); and with proposed critical habitat for the 
sheepnose mussel.
    The features essential to the conservation of this species may 
require special management considerations or protection to reduce the 
following threats: degradation of water quality due to contaminants, 
urbanization, oil and gas extraction, agriculture, and coal mining and 
mine runoff; lack of connectivity due to barriers; presence of invasive 
species; and changes to the hydrological regime.
SNBO 32: Paint Rock River
    SNBO 32 consists of 53 rmi (85 rkm) of the Paint Rock River in 
Jackson, Madison, and Marshall Counties, Alabama. The unit extends from 
the convergence of Estill Fork and Hurricane Creek north of Skyline 
(Jackson County, Alabama) downstream to U.S. Highway 431 south of New 
Hope (Madison and Marshall Counties, Alabama). The unit includes the 
river channel up to the ordinary high-water mark.
    Approximately 93.5 percent (50 rmi (80 rkm)) of the riparian lands 
adjacent to, but not included in, this unit are in public (Federal and 
State) ownership, and 6.5 percent (3 rmi (5 rkm)) are in private 
ownership. Adjacent Federal land is owned or managed by the Service. 
Adjacent State land is owned or managed by the Alabama Department of 
Conservation and Natural Resources. SNBO 32 is occupied by the species 
and contains all the physical or biological features essential to the 
species' conservation. This unit overlaps in part or in full with 
designated critical habitat for the federally threatened rabbitsfoot 
(see 50 CFR 17.95(f) and 80 FR 24692, April 30, 2015), the federally 
threatened longsolid and the federally threatened round hickorynut (see 
50 CFR 17.95(f) and 88 FR 14794; March 9, 2023); and the federally 
endangered slabside pearlymussel (see 50 CFR 17.95(f) and 78 FR 59556, 
September 26, 2013).
    The features essential to the conservation of this species may 
require special management considerations or protection to reduce the 
following threats: channelization; degradation of water quality due to 
contaminants, urbanization, and row crop agriculture; barriers to 
connectivity; the presence of invasive species; and changes to the 
hydrological regime.

[[Page 101123]]

SNBO 33: Elk River
    SNBO 33 consists of 27 rmi (43 rkm) of the Elk River in Lincoln and 
Giles Counties, Tennessee. This unit extends from Harms Mill Dam 
(Lincoln County, Tennessee) downstream to the Interstate 65 Bridge in 
Elkton (Giles County, Tennessee). The unit includes the river channel 
up to the ordinary high-water mark.
    All of the riparian lands adjacent to, but not included in, this 
unit are in private ownership. SNBO 33 is occupied by the species and 
contains all the physical or biological features essential to the 
species' conservation. This unit overlaps in part or in full with 
designated critical habitat for the federally endangered fluted 
kidneyshell and the federally endangered slabside pearlymussel (see 50 
CFR 17.95(f) and 78 FR 59556, September 26, 2013).
    The features essential to the conservation of this species may 
require special management considerations or protection to reduce the 
following threats: degradation of water quality due to contaminants, 
urbanization, agriculture, and instream gravel mining; barriers to 
connectivity; the presence of invasive species; and changes to the 
hydrological regime.
SNBO 34: Duck River
    SNBO 34 consists of 47 rmi (76 rkm) of the Duck River in Marshall 
and Maury Counties, Tennessee. This unit extends from the Lillard's 
Mill Dam (Marshall County, Tennessee) downstream to the First Street 
Bridge in Columbia (Maury County, Tennessee). The unit includes the 
river channel up to the ordinary high-water mark.
    Approximately 57.4 percent (27 rmi (44 rkm)) of the riparian lands 
adjacent to, but not included in, this unit are in public (State and 
local) ownership, and 42.6 percent (20 rmi (32 rkm)) are in private 
ownership. Adjacent State land is owned or managed by the Tennessee 
Wildlife Resources Agency. SNBO 34 is occupied by the species and 
contains all the physical or biological features essential to the 
species' conservation. This unit overlaps in part or in full with 
designated critical habitat for the federally endangered Cumberlandian 
combshell and federally threatened oyster mussel (see 50 CFR 17.95(f) 
and 69 FR 53136, August 31, 2004), the federally threatened rabbitsfoot 
(see 50 CFR 17.95(f) and 80 FR 24692, April 30, 2015), and the 
federally threatened round hickorynut (see 50 CFR 17.95(f) and 88 FR 
14794; March 9, 2023).
    The features essential to the conservation of this species may 
require special management considerations or protection to reduce the 
following threats: degradation of water quality due to contaminants; 
barriers to connectivity; the presence of invasive species; and changes 
to the hydrological regime.
SNBO 35: St. Croix River
    SNBO 35 consists of 53 rmi (85 rkm) of the St. Croix River in Polk, 
St. Croix, and Pierce Counties, Wisconsin, and Chisago and Washington 
Counties, Minnesota. This unit extends from the base of the dam at St. 
Croix Falls (Polk County, Wisconsin) and Taylors Falls (Chisago County, 
Minnesota) downstream to the confluences with the Mississippi River at 
Prescott (Pierce County, Wisconsin) and Point Douglas (Washington 
County, Minnesota). The unit includes the river channel up to the 
ordinary high-water mark.
    Approximately 58.3 percent (31 rmi; 50 rkm) of the riparian lands 
adjacent to, but not included in, this unit are in public (Federal, 
State, and local) ownership, and 41.7 percent (22 rmi (35 rkm)) are in 
private ownership. Federal land is owned or managed by the National 
Park Service. State land is owned or managed by the Minnesota 
Department of Natural Resources. SNBO 35 is occupied by the species and 
contains all the physical or biological features essential to the 
species' conservation. This unit overlaps in part or in full with 
proposed critical habitat for the proposed endangered salamander mussel 
(88 FR 57224; August 22, 2023) and the federally endangered 
spectaclecase.
    The features essential to the conservation of this species may 
require special management considerations or protection to reduce the 
following threats: degradation of water quality due to contaminants; 
lack of connectivity due to barriers; the presence of invasive species; 
and habitat degradation and loss due to urbanization, agriculture, and 
the lack of canopy cover in the riparian buffer.
SNBO 36: Meramec River
    SNBO 36 consists of 227 rmi (365 rkm) of the Meramec River and the 
Bourbeuse River in Saint Louis, Jefferson, Phelps, Gasconade, and 
Franklin Counties, Missouri. The Meramec River portion of this unit 
includes 92 rmi (148 rkm) and extends from the State Route 185 Bridge 
in Meramec Township (Franklin County, Missouri) downstream to the State 
Highway 141 Bridge in Valley Park (Saint Louis County, Missouri). The 
Bourbeuse River portion of this unit includes 135 rmi (217 rkm) and 
extends from the County Road B Bridge in Dawson Township (Phelps 
County, Missouri) downstream to the confluence with the Meramec River 
(Franklin County, Missouri). The unit includes the river channel up to 
the ordinary high-water mark. This unit overlaps in part or in full 
with proposed critical habitat for the federally endangered sheepnose, 
and the federally endangered spectaclecase.
    Approximately 12.0 percent (27 rmi (44 rkm)) of the riparian lands 
adjacent to, but not included in, this unit are in public (State and 
local) ownership, and 88.0 percent (200 rmi (321 rkm)) are in private 
ownership. Adjacent State land is owned or managed by the Missouri 
Department of Natural Resources. SNBO 36 is occupied by the species and 
contains all the physical or biological features essential to the 
species' conservation.
    The features essential to the conservation of this species may 
require special management considerations or protection to reduce the 
following threats: degradation of water quality due to contaminants; 
lack of connectivity due to barriers; the presence of invasive species; 
loss of riparian zones; and habitat degradation and loss due to 
urbanization.
SNBO 37: St. Francis River
    SNBO 37 consists of 58 rmi (93 rkm) of the St. Francis River in 
Madison and Wayne Counties, Missouri. This unit extends from the 
confluence with Twelvemile Creek west of Saco (Madison County, 
Missouri) downstream to where inundation begins at Lake Wappepello 
(Wayne County, Missouri). The unit includes the river channel up to the 
ordinary high-water mark.
    Approximately 8.4 percent (5 rmi (8 rkm)) of the riparian lands 
adjacent to, but not included in, this unit are in public (Federal and 
State) ownership, and 91.6 percent (53 rmi (85 rkm)) are in private 
ownership. Adjacent Federal land is owned or managed by the U.S. Forest 
Service. Adjacent State land is owned or managed by the Missouri 
Department of Conservation and Missouri Department of Natural 
Resources. SNBO 37 is occupied by the species and contains all the 
physical or biological features essential to the species' conservation. 
This unit overlaps in part or in full with designated critical habitat 
for the federally threatened rabbitsfoot (see 50 CFR 17.95(f) and 80 FR 
24692, April 30, 2015); the federally threatened Big Creek crayfish and 
the federally threatened St. Francis River crayfish (88 FR 25512, April 
27, 2023), and the

[[Page 101124]]

federally threatened western fanshell (88 FR 41724; June 27, 2023).
    The features essential to the conservation of this species may 
require special management considerations or protection to reduce the 
following threats: degradation of water quality due to contaminants; 
lack of connectivity due to barriers; the presence of invasive species; 
and habitat degradation and loss due to urbanization.
SNBO 38: Spring River
    SNBO 38 consists of 33 rmi (53 rkm) of the Spring River in Sharp, 
Lawrence, and Randolph Counties, Arkansas. This unit extends from the 
confluence with Ott Creek southeast of Hardy (Sharp County, Arkansas) 
downstream to the confluence with the Black River east of Black Rock 
(Lawrence and Randolph Counties, Arkansas). The unit includes the river 
channel up to the ordinary high-water mark.
    Approximately 3.7 percent (1 rmi (2 rkm)) of the riparian lands 
adjacent to, but not included in, this unit are in public (State) 
ownership, and 96.3 percent (32 rmi (51 rkm)) are in private ownership. 
Adjacent State land is owned or managed by the Arkansas Game and Fish 
Commission. SNBO 38 is occupied by the species and contains all the 
physical or biological features essential to the species' conservation. 
This unit overlaps in part or in full with designated critical habitat 
for the federally threatened rabbitsfoot (see 50 CFR 17.95(f) and 80 FR 
24692, April 30, 2015), and the federally threatened western fanshell 
(88 FR 41724; June 27, 2023).
    The features essential to the conservation of this species may 
require special management considerations or protection to reduce the 
following threats: degradation of water quality due to contaminants; 
lack of connectivity due to barriers; the presence of invasive species; 
and habitat degradation and loss due to urbanization.

IV. Spectaclecase

SPCA 1: St. Croix River
    SPCA 1 is on the border between the States of Minnesota and 
Wisconsin and consists of 53 rmi (86 rkm) of the St. Croix River in 
Chisago and Washington Counties, Minnesota, and Polk, St. Croix, and 
Pierce Counties, Wisconsin. This unit extends from the downstream side 
of St. Croix Falls dam at St. Croix Falls (Polk County, Wisconsin) 
downstream to the confluence with the Mississippi River at Prescott 
(Pierce County, Wisconsin). The unit includes the river channel up to 
the ordinary high-water mark.
    Approximately 60.8 percent (32 rmi (52 rkm)) of the riparian lands 
adjacent to, but not included in, this unit are in public (Federal, 
State, and local) ownership, and 39.2 percent (21 rmi (34 rkm)) are in 
private ownership. Adjacent Federal lands in this unit are owned or 
managed by the National Park Service. Adjacent State land is owned or 
managed by the Minnesota Department of Natural Resources and the 
Wisconsin Department of Natural Resources. SPCA 1 is occupied by the 
species and contains all the physical or biological features essential 
to the species' conservation. The unit overlaps in part or in full with 
proposed critical habitat for the proposed endangered salamander mussel 
(88 FR 57224; August 22, 2023), and the federally endangered snuffbox.
    The features essential to the conservation of this may require 
special management considerations or protections to reduce the 
following threats: the presence of invasive species, impacts to the 
hydrological regime, and habitat degradation and loss due to 
agriculture or changes in the riparian buffer.
SPCA 2: Mississippi River
    SPCA 2 is on the border between the States of Iowa and Illinois and 
consists of 132 rmi (213 rkm) of the Mississippi River in Scott, 
Muscatine, Louisa, Des Moines, and Lee Counties, Iowa, and Rock Island, 
Mercer, Henderson, and Hancock Counties, Illinois. The unit extends 
from the downstream side of Lock and Dam 15 at Hampton (Rock Island 
County, Illinois) downstream to Lock and Dam 19 at Keokuk (Lee County, 
Iowa). The unit occurs within Mississippi River Pools 15, 16, 17, 18, 
and 19, and the unit includes the river channel up to the ordinary 
high-water mark.
    Approximately 39.4 percent (52 rmi (84 rkm)) of the riparian lands 
adjacent to, but not included in, this unit are in public (Federal, 
State, and local) ownership, and 60.6 percent (80 rmi (129 rkm)) are in 
private ownership. Adjacent Federal lands are owned or managed by the 
Service, U.S. Army Corps of Engineers, and Bureau of Land Management. 
Adjacent State land is owned or managed by the Illinois Department of 
Natural Resources and the Iowa Department of Natural Resources. SPCA 2 
is occupied by the species and contains all the physical or biological 
features essential to the species' conservation.
    The features essential to the conservation of this species may 
require special management considerations or protection to reduce the 
following threats: changes to hydrology from sedimentation, erosion, 
and turbidity, and from channel maintenance dredging; degradation of 
water quality due to anthropogenic threats (e.g., pollution, 
contamination, and disturbance); water impoundment, habitat 
fragmentation, and possible genetic isolation due to lock and dam 
systems; and the presence of invasive species, especially zebra mussel 
(Dreissena polymorpha).
SPCA 3: Meramec River
    SPCA 3 consists of 156 rmi (251 rkm) of the Meramec River in 
Jefferson, Saint Louis, Franklin, Crawford, and Washington Counties, 
Missouri. The unit extends from the downstream side of the Highway 19 
bridge near Wildwoods (Crawford County, Missouri) downstream to the 
confluence of the Meramec River with the Mississippi River near 
Kimmswick (Jefferson County, Missouri). The unit includes the river 
channel up to the ordinary high-water mark.
    Approximately 29.6 percent (46 rmi (74 rkm)) of the riparian lands 
adjacent to, but not included in, this unit are in public (State, 
local) ownership, and 70.4 percent (110 rmi (177 rkm)) are in private 
ownership. Adjacent State land is owned or managed by Missouri 
Department of Natural Resources. SPCA 3 is occupied by the species and 
contains all the physical or biological features essential to the 
species' conservation. The unit overlaps in part or in full with 
proposed critical habitat for the federally endangered sheepnose and 
the federally endangered snuffbox.
    The features essential to the conservation of this species may 
require special management considerations or protection to reduce the 
following threats: changes to hydrology and water quality from 
anthropogenic sources including in-stream gravel mining, municipal or 
industrial pollutants and runoff, and sedimentation; loss of riparian 
vegetation within the watershed, and further development and conversion 
of bottomlands; habitat loss from bank degradation or destruction, 
erosion, and in-water structures (e.g., bridges and dams); and the 
presence of invasive species, especially zebra mussel.
SPCA 4: Big River
    SPCA 4 consists of 11 rmi (17 rkm) of the Big River in Jefferson 
County, Missouri. The unit extends from the downstream side of the 
Highway W bridge near Rockford Beach downstream to the confluence of 
the Big River with the Meramec River near Twin River Park, in Jefferson 
County, Missouri. The

[[Page 101125]]

unit includes the river channel up to the ordinary high-water mark.
    Approximately 8.7 percent (1 rmi (1 rkm)) of the riparian lands 
adjacent to, but not included in, this unit are in public (local) 
ownership, and 91.3 percent (10 rmi (16 rkm)) are in private ownership. 
SPCA 4 is occupied by the species and contains all the physical or 
biological features essential to the species' conservation. The unit 
overlaps in part or in full with proposed critical habitat for the 
federally endangered sheepnose and the federally endangered snuffbox.
    The features essential to the conservation of this species may 
require special management considerations or protection to reduce the 
following threats: changes to hydrology and water quality from 
anthropogenic sources, including in-stream gravel mining, municipal or 
industrial pollutants and runoff, and sedimentation; loss of riparian 
vegetation within the watershed, and further development and conversion 
of bottomlands; habitat loss from bank degradation or destruction, 
erosion, and in-water structures (e.g., bridges and dams); and the 
presence of invasive species, especially zebra mussel.
SPCA 5: Gasconade River
    SPCA 5 consists of 223 rmi (358 rkm) of the Gasconade River in 
Gasconade, Osage, Maries, Phelps, Pulaski, and Laclede Counties, 
Missouri. The unit extends from the downstream side of the Highway AD 
bridge near Clark Ford (Laclede County, Missouri) downstream to the 
confluence of the Gasconade River with the Missouri River at Gasconade 
(Gasconade County, Missouri). The unit includes the river channel up to 
the ordinary high-water mark.
    Approximately 6.3 percent (14 rmi (22 rkm)) of the riparian lands 
adjacent to, but not included in, this unit are in public (Federal and 
State) ownership, and 93.7 percent (209 rmi (336 rkm)) are in private 
ownership. Adjacent Federal land is owned or managed by the U.S. Forest 
Service. Adjacent State land is owned or managed by the Missouri 
Department of Conservation. SPCA 5 is occupied by the species and 
contains all the physical or biological features essential to the 
species' conservation.
    The features essential to the conservation of this species may 
require special management considerations or protection to reduce the 
following threats: changes to hydrology and water quality from 
anthropogenic sources, municipal or industrial pollutants and runoff, 
and sedimentation; loss of riparian vegetation within the watershed and 
further development and conversion of bottomlands; and habitat loss 
from bank degradation or destruction, erosion, and in-water structures 
(e.g., bridges and dams).
SPCA 6: Big Piney River
    SPCA 6 consists of 53 rmi (86 rkm) of the Big Piney River in 
Pulaski, Phelps, and Texas Counties, Missouri. SPCA 6 includes two 
subunits. Subunit SPCA 6a extends from the downstream side of Boiling 
Springs Road, at Boiling Springs Access (Texas County, Missouri), 
downstream to the upstream end of Fort Leonard Wood Military Training 
Facility (Pulaski County, Missouri). Subunit 6b extends from the 
downstream end of Fort Leonard Wood Military Training Facility (Pulaski 
County, Missouri) to the confluence with the Gasconade River, near 
Hooker (Pulaski County, Missouri). The unit includes the river channel 
up to the ordinary high-water mark.
    Approximately 62.3 percent (33 rmi (54 rkm)) of the riparian lands 
adjacent to, but not included in, this unit are in public (Federal and 
State) ownership, and 37.7 percent (20 rmi (32 rkm)) are in private 
ownership. Adjacent Federal land is owned or managed by the U.S. Forest 
Service. Adjacent State land is owned or managed by the Missouri 
Department of Conservation. SPCA 6 is occupied by the species and 
contains all the physical or biological features essential to the 
species' conservation.
    The features essential to the conservation of this species may 
require special management considerations or protection to reduce the 
following threats: changes to hydrology and water quality from 
anthropogenic sources, municipal or industrial pollutants, and runoff, 
and from sedimentation; loss of riparian vegetation within the 
watershed and further development and conversion of bottomlands; and 
habitat loss from bank degradation or destruction, erosion, and in-
water structures (e.g., bridges and dams).
SPCA 7: Ouachita River
    SPCA 7 consists of 83 rmi (133 rkm) of the Ouachita River in Hot 
Springs, Clark, Dallas, and Ouachita Counties, Arkansas. This unit 
extends from the downstream side of Highway 67 bridge at Donaldson (Hot 
Springs County, Arkansas) downstream to the Highway 79N bridge at 
Camden (Ouachita County, Arkansas). The unit includes the river channel 
up to the ordinary high-water mark.
    Approximately 1.2 percent (1 rmi (1 rkm)) of the riparian lands 
adjacent to, but not included in, this unit are in public (local) 
ownership, and 98.8 percent (82 rmi (132 rkm)) are in private 
ownership. SPCA 7 is occupied by the species and contains all the 
physical or biological features essential to the species' conservation. 
The unit overlaps in part or in full with designated critical habitat 
for the federally threatened rabbitsfoot (see 50 CFR 17.95(f) and 80 FR 
24692, April 30, 2015), and the federally threatened ``Ouachita'' 
fanshell (Cyprogenia cf. aberti) (see 50 CFR 17.95(f) and 88 FR 41724, 
June 27, 2023).
    The features essential to the conservation of this species may 
require special management considerations or protection to reduce the 
following threats: changes to hydrology and water quality from 
anthropogenic sources, municipal or industrial pollutants, and runoff, 
and from sedimentation; loss of riparian vegetation within the 
watershed and further development and conversion of bottomlands; and 
habitat loss from bank degradation or destruction, erosion, and in-
water structures (e.g., bridges and dams).
SPCA 8: Tennessee River
    SPCA 8 consists of 142 rmi (228 rkm) of the Tennessee River in 
Marshall, Madison, Morgan, Lawrence, Lauderdale, Limestone, and Colbert 
Counties, Alabama; Tishomingo County, Mississippi; and Hardin County, 
Tennessee. The unit extends from the downstream side of Guntersville 
Dam at Guntersville (Marshall County, Alabama) downstream to Pickwick 
Landing Dam at Counce (Hardin County, Tennessee). The unit includes the 
river channel up to the ordinary high-water mark.
    Approximately 95.5 percent (136 rmi (218 rkm)) of the riparian 
lands adjacent to, but not included in, this unit are in public 
(Federal, State, and local) ownership, and 4.5 percent (6 rmi (10 rkm)) 
are in private ownership. Adjacent Federal lands are owned or managed 
by the Tennessee Valley Authority or National Park Service. Adjacent 
State land is owned or managed by the Alabama Department of 
Conservation and Natural Resources or the Tennessee Department of 
Environment and Conservation. SPCA 8 is occupied by the species and 
contains all the physical or biological features essential to the 
species' conservation.
    The features essential to the conservation of this species may 
require special management considerations or protection to reduce the 
following threats: changes to hydrology and water quality from 
anthropogenic sources, municipal or industrial pollutants, and runoff, 
and from sedimentation; loss of riparian vegetation within the

[[Page 101126]]

watershed and further development and conversion of bottomlands; 
habitat loss from bank degradation or destruction, erosion, and in-
water structures (e.g., bridges and dams); and the presence of invasive 
species, especially zebra mussel.
SPCA 9: Clinch River
    SPCA 9 consists of 160 rmi (257 rkm) of the Clinch River in 
Russell, Wise, and Scott Counties, Virginia, and Hancock, Claiborne, 
and Grainger Counties, Tennessee. SPCA 9 is located on the downstream 
side of the bridge at Kents Ridge Road at Swords Creek (Russell County, 
Virginia) and extends downstream to the Highway 25E bridge near 
Tazewell (Claiborne County, Tennessee). The unit includes the river 
channel up to the ordinary high-water mark.
    Approximately 6.0 percent (10 rmi (15 rkm)) of the riparian lands 
adjacent to, but not included in, this unit are in public (Federal, 
State, and local) ownership, and 94.0 percent (150 rmi (242 rkm)) are 
in private ownership. Adjacent Federal land is owned or managed by the 
U.S. Forest Service. Adjacent State land is owned or managed by the 
Tennessee Wildlife Resources Agency or Virginia Department of 
Conservation and Recreation. SPCA 9 is occupied by the species and 
contains all the physical or biological features essential to the 
species' conservation. The unit overlaps in part or in full with 
designated critical habitat for This unit overlaps in part or in full 
with designated critical habitat for the federally threatened longsolid 
(see 50 CFR 17.95(f) and 88 FR 14794, March 9, 2023); the federally 
endangered Cumberlandian combshell, the federally endangered oyster 
mussel, the federally endangered purple bean, and the federally 
endangered rough rabbitsfoot (see 50 CFR 17.95(f) and 69 FR 53136, 
August 31, 2004); the federally endangered slabside pearlymussel 
(Pleuronaia dolabelloides) (see 50 CFR 17.95(f) and 78 FR 59556, 
September 26, 2013); the federally endangered slabside pearlymussel 
(see 50 CFR 17.95(f) and 78 FR 59556, September 26, 2013); and the 
federally threatened slender chub and the federally threatened 
yellowfin madtom (see 50 CFR 17.95(e) and 42 FR 45526, September 9, 
1977). The unit also overlaps in part or in full with proposed critical 
habitat for the federally threatened sickle darter (88 FR 4128; January 
24, 2023); the federally endangered sheepnose, and the federally 
endangered snuffbox.
    The features essential to the conservation of this species may 
require special management considerations or protection to reduce the 
following threats: changes to water quality from oil and gas 
extraction, power generation, coal mining and mine runoff, and legacy 
pollutants; changes in hydrology, such as sedimentation from 
agriculture and silviculture, in-stream modifications from 
transportation projects, utility corridor development, and unrestricted 
cattle access and grazing; loss of riparian vegetation within the 
watershed and further development and conversion of bottomlands; 
genetic isolation; and impacts from nonnative species.
SPCA 10: Nolichucky River
    SPCA 10 consists of 37 rmi (60 rkm) of the Nolichucky River in 
Greene, Cocke, Hamblen, and Jefferson Counties, Tennessee. The unit 
extends from the downstream side of the bridge at Highway 321 near St. 
James (Greene County, Tennessee) downstream to the confluence with the 
French Broad River near Leadvale (Cocke County, Tennessee). The unit 
includes the river channel up to the ordinary high-water mark.
    Approximately 6.7 percent (2 rmi (4 rkm)) of the riparian lands 
adjacent to, but not included in, this unit are in public (Federal and 
State) ownership, and 93.3 percent (35 rmi (56 rkm)) are in private 
ownership. Adjacent Federal land is owned or managed by the Tennessee 
Valley Authority. Adjacent State land is owned or managed by the 
Tennessee Wildlife Resources Agency. SPCA 10 is occupied by the species 
and contains all the physical or biological features essential to the 
species' conservation. The unit overlaps in part or in full with 
designated critical habitat for the federally endangered Cumberlandian 
combshell and the federally endangered oyster mussel (see 50 CFR 
17.95(f) and 69 FR 53136, August 31, 2004), and the federally 
endangered slabside pearlymussel (see 50 CFR 17.95(f) and 78 FR 59556, 
September 26, 2013).
    The features essential to the conservation of this species may 
require special management considerations or protection to reduce the 
following threats: changes to water quality from oil and gas 
extraction, power generation, coal mining and mine runoff, and legacy 
pollutants; changes in hydrology, such as sedimentation from 
agriculture and silviculture, in-stream modifications from 
transportation projects, utility corridor development, and unrestricted 
cattle access and grazing; loss of riparian vegetation within the 
watershed and further development and conversion of bottomlands; 
genetic isolation; and impacts from nonnative species.
SPCA 11: Green River
    SPCA 11 consists of 77 rmi (125 rkm) of the Green River in Hart, 
Edmonson, Warren, and Butler Counties, Kentucky. The unit extends from 
the downstream side of the bridge at Highway 31W at Munfordville (Hart 
County, Kentucky) downstream to the confluence with the Barren River 
near Woodbury (Warren County, Kentucky). The unit includes the river 
channel up to the ordinary high-water mark.
    Approximately 40.2 percent (31 rmi (50 rkm)) of the riparian lands 
adjacent to, but not included in, SPCA 11 are in public (Federal and 
State) ownership, and 59.8 percent (46 rmi (75 rkm)) are in private 
ownership. Adjacent Federal land is owned or managed by the National 
Park Service. Adjacent State land is owned or managed by the Kentucky 
Division of Water--Wild River Program. SPCA 11 is occupied by the 
species and contains all the physical or biological features essential 
to the species' conservation. This unit overlaps in part or in full 
with designated critical habitat for the federally endangered diamond 
darter (see 50 CFR 17.95(e) and 78 FR 52364, August 22, 2013); the 
federally threatened longsolid and the federally threatened round 
hickorynut (see 50 CFR 17.95(f) and 88 FR 14794, March 9, 2023); and 
the federally threatened rabbitsfoot (see 50 CFR 17.95(f) and 80 FR 
24692, April 30, 2015); and proposed critical habitat for the federally 
endangered sheepnose and the federally endangered snuffbox.
    The features essential to the conservation of this species may 
require special management considerations or protection to reduce the 
following threats: changes in hydrology, such as sedimentation and 
runoff from agriculture and silviculture, dam impoundments and 
modifications in flow, and in-stream modifications from transportation 
projects and utility corridor development; loss of riparian vegetation 
within the watershed; and further development and conversion of 
bottomlands.
SPCA 12: Kanawha River
    SPCA 12 consists of 16 rmi (25 rkm) of the Kanawha River within 
Kanawha County, West Virginia. This unit extends from the downstream 
side of the Lock and Dam located at London downstream to the Lock and 
Dam at Marmet, in Kanawha County, West Virginia. The unit includes the 
river channel up to the ordinary high-water mark.

[[Page 101127]]

    Approximately 2.5 percent (0.4 rmi (0.6 rkm)) of the riparian lands 
adjacent to, but not included in, SPCA 12 are in public (Federal and 
local) ownership, and 97.5 percent (15 rmi (24 rkm)) are in private 
ownership. Adjacent Federal land is owned or managed by the U.S. Army 
Corps of 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

[[Page 101128]]

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

[[Page 101129]]

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.

[[Page 101130]]

    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 homeland-security 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

[[Page 101131]]

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 Multi-Species HCP within 
SHNO 11 (Big Sunflower River) for the sheepnose are included within the 
boundaries of proposed critical habitat.
    The Columbia Pipeline Group Multi-Species 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.

[[Page 101132]]

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

[[Page 101133]]

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

[[Page 101134]]

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.

[[Page 101135]]

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

0
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.

0
2. In Sec.  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:

Sec.  17.11  Endangered and threatened wildlife.

* * * * *
    (h) * * *

----------------------------------------------------------------------------------------------------------------
                                                                                              Listing citations
           Common name                Scientific name        Where listed         Status        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          Wherever found......            E   77 FR 14914, 3/13/
                                    monodonta.                                                2012; 50 CFR
                                                                                              17.95(f).\CH\
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

0
3. In Sec.  17.95, amend paragraph (f) by:
0
a. Adding an entry for ``Rayed Bean Mussel (Villosa fabalis)'' 
following the entry for ``Carolina Heelsplitter (Lasmigona decorata)''; 
and
0
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:

Sec.  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 [deg]F (30 
[deg]C)). Additionally, concentrations of contaminants, including (but 
not limited to) ammonia, nitrate, copper, and chloride, are below acute 
toxicity levels for mussels.
    (iv) The presence and abundance of host fishes necessary for 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)

[[Page 101136]]

[GRAPHIC] [TIFF OMITTED] TP13DE24.001

    (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 high-water 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)

[[Page 101137]]

[GRAPHIC] [TIFF OMITTED] TP13DE24.002

     (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)

[[Page 101138]]

[GRAPHIC] [TIFF OMITTED] TP13DE24.003

    (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)

[[Page 101139]]

[GRAPHIC] [TIFF OMITTED] TP13DE24.004

    (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)

[[Page 101140]]

[GRAPHIC] [TIFF OMITTED] TP13DE24.005

    (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)

[[Page 101141]]

[GRAPHIC] [TIFF OMITTED] TP13DE24.006

    (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

[[Page 101142]]

[GRAPHIC] [TIFF OMITTED] TP13DE24.007

    (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)

[[Page 101143]]

[GRAPHIC] [TIFF OMITTED] TP13DE24.008

    (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)

[[Page 101144]]

[GRAPHIC] [TIFF OMITTED] TP13DE24.009

    (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:


[[Page 101145]]


Figure 10 to Rayed Bean Mussel (Villosa fabalis) paragraph (14)(ii)
[GRAPHIC] [TIFF OMITTED] TP13DE24.010

    (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 
high-water mark.
    (ii) Map of RABE 10 follows:

Figure 11 to Rayed Bean Mussel (Villosa fabalis) paragraph (15)(ii)

[[Page 101146]]

[GRAPHIC] [TIFF OMITTED] TP13DE24.011

    (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.

[[Page 101147]]

    (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 high-water mark.
    (ii) Map of RABE 12 follows:

Figure 12 to Rayed Bean Mussel (Villosa fabalis) paragraph (17)(ii)
[GRAPHIC] [TIFF OMITTED] TP13DE24.012

    (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

[[Page 101148]]

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)
[GRAPHIC] [TIFF OMITTED] TP13DE24.013

    (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)

[[Page 101149]]

[GRAPHIC] [TIFF OMITTED] TP13DE24.014

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 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

[[Page 101150]]

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 [deg]F (30 
[deg]C)). Additionally, concentrations of contaminants, including (but 
not limited to) ammonia, nitrate, copper, and chloride, are below acute 
toxicity levels for mussels.
    (iv) The presence and abundance of host fishes necessary for 
recruitment of 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)
[GRAPHIC] [TIFF OMITTED] TP13DE24.015

    (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)

[[Page 101151]]

[GRAPHIC] [TIFF OMITTED] TP13DE24.016

     (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)

[[Page 101152]]

[GRAPHIC] [TIFF OMITTED] TP13DE24.017

    (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)

[[Page 101153]]

[GRAPHIC] [TIFF OMITTED] TP13DE24.018

    (9) SHNO 4: Middle Allegheny-Tionesta; 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 high-water mark.
    (ii) Map of SHNO 4 follows:

Figure 5 to Sheepnose (Plethobasus cyphyus) paragraph (9)(ii)

[[Page 101154]]

[GRAPHIC] [TIFF OMITTED] TP13DE24.019

     (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)

[[Page 101155]]

[GRAPHIC] [TIFF OMITTED] TP13DE24.020

     (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)

[[Page 101156]]

[GRAPHIC] [TIFF OMITTED] TP13DE24.021

    (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)

[[Page 101157]]

[GRAPHIC] [TIFF OMITTED] TP13DE24.022

    (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)

[[Page 101158]]

[GRAPHIC] [TIFF OMITTED] TP13DE24.023

    (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)

[[Page 101159]]

[GRAPHIC] [TIFF OMITTED] TP13DE24.024

    (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)

[[Page 101160]]

[GRAPHIC] [TIFF OMITTED] TP13DE24.025

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,

[[Page 101161]]

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 [deg]F (30 
[deg]C)). Additionally, concentrations of contaminants, including (but 
not limited to) ammonia, nitrate, copper, and chloride, are below acute 
toxicity levels for mussels.
    (iv) The presence and abundance of host fishes necessary for 
recruitment of 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)
[GRAPHIC] [TIFF OMITTED] TP13DE24.026

    (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)

[[Page 101162]]

[GRAPHIC] [TIFF OMITTED] TP13DE24.027

    (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)

[[Page 101163]]

[GRAPHIC] [TIFF OMITTED] TP13DE24.028

    (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)

[[Page 101164]]

[GRAPHIC] [TIFF OMITTED] TP13DE24.029

    (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)

[[Page 101165]]

[GRAPHIC] [TIFF OMITTED] TP13DE24.030

    (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)

[[Page 101166]]

[GRAPHIC] [TIFF OMITTED] TP13DE24.031

    (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 high-water mark.
    (ii) Map of SNBO 6 follows:

Figure 7 to Snuffbox Mussel (Epioblasma triquetra) paragraph (11)(ii)

[[Page 101167]]

[GRAPHIC] [TIFF OMITTED] TP13DE24.032

    (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)

[[Page 101168]]

[GRAPHIC] [TIFF OMITTED] TP13DE24.033

    (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 high-water mark.
    (ii) Map of SNBO 8 follows:

Figure 9 to Snuffbox Mussel (Epioblasma triquetra) paragraph (13)(ii)

[[Page 101169]]

[GRAPHIC] [TIFF OMITTED] TP13DE24.034

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

[[Page 101170]]

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)
[GRAPHIC] [TIFF OMITTED] TP13DE24.035

    (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)

[[Page 101171]]

[GRAPHIC] [TIFF OMITTED] TP13DE24.036

    (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)

[[Page 101172]]

[GRAPHIC] [TIFF OMITTED] TP13DE24.037

    (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)

[[Page 101173]]

[GRAPHIC] [TIFF OMITTED] TP13DE24.038

    (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)

[[Page 101174]]

[GRAPHIC] [TIFF OMITTED] TP13DE24.039

    (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)

[[Page 101175]]

[GRAPHIC] [TIFF OMITTED] TP13DE24.040

    (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 high-water mark.
    (ii) Map of SNBO 16 follows:

Figure 16 to Snuffbox Mussel (Epioblasma triquetra) paragraph (21)(ii)

[[Page 101176]]

[GRAPHIC] [TIFF OMITTED] TP13DE24.041

    (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)

[[Page 101177]]

[GRAPHIC] [TIFF OMITTED] TP13DE24.042

    (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)

[[Page 101178]]

[GRAPHIC] [TIFF OMITTED] TP13DE24.043

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)

[[Page 101179]]

[GRAPHIC] [TIFF OMITTED] TP13DE24.044

    (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)

[[Page 101180]]

[GRAPHIC] [TIFF OMITTED] TP13DE24.045

    (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)

[[Page 101181]]

[GRAPHIC] [TIFF OMITTED] TP13DE24.046

    (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)

[[Page 101182]]

[GRAPHIC] [TIFF OMITTED] TP13DE24.047

    (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)

[[Page 101183]]

[GRAPHIC] [TIFF OMITTED] TP13DE24.048

    (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 high-water mark.
    (ii) Map of SNBO 26 follows:

Figure 24 to Snuffbox Mussel (Epioblasma triquetra) paragraph (31)(ii)

[[Page 101184]]

[GRAPHIC] [TIFF OMITTED] TP13DE24.049

    (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)

[[Page 101185]]

[GRAPHIC] [TIFF OMITTED] TP13DE24.050

    (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)

[[Page 101186]]

[GRAPHIC] [TIFF OMITTED] TP13DE24.051

    (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)

[[Page 101187]]

[GRAPHIC] [TIFF OMITTED] TP13DE24.052

    (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)

[[Page 101188]]

[GRAPHIC] [TIFF OMITTED] TP13DE24.053

    (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)

[[Page 101189]]

[GRAPHIC] [TIFF OMITTED] TP13DE24.054

    (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)

[[Page 101190]]

[GRAPHIC] [TIFF OMITTED] TP13DE24.055

    (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)

[[Page 101191]]

[GRAPHIC] [TIFF OMITTED] TP13DE24.056

    (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)

[[Page 101192]]

[GRAPHIC] [TIFF OMITTED] TP13DE24.057

    (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)

[[Page 101193]]

[GRAPHIC] [TIFF OMITTED] TP13DE24.058

    (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)

[[Page 101194]]

[GRAPHIC] [TIFF OMITTED] TP13DE24.059

    (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)

[[Page 101195]]

[GRAPHIC] [TIFF OMITTED] TP13DE24.060

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 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 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 [deg]F (30 
[deg]C)). Additionally, concentrations of contaminants, including (but 
not limited to) ammonia, nitrate, copper, and chloride, are below acute 
toxicity levels for mussels.
    (iv) The presence and abundance of host fishes necessary for 
recruitment of 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)

[[Page 101196]]

[GRAPHIC] [TIFF OMITTED] TP13DE24.061

    (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)

[[Page 101197]]

[GRAPHIC] [TIFF OMITTED] TP13DE24.062

    (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)

[[Page 101198]]

[GRAPHIC] [TIFF OMITTED] TP13DE24.063

    (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)

[[Page 101199]]

[GRAPHIC] [TIFF OMITTED] TP13DE24.064

    (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)

[[Page 101200]]

[GRAPHIC] [TIFF OMITTED] TP13DE24.065

    (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

[[Page 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)
[GRAPHIC] [TIFF OMITTED] TP13DE24.066

    (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)

[[Page 101202]]

[GRAPHIC] [TIFF OMITTED] TP13DE24.067

    (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)

[[Page 101203]]

[GRAPHIC] [TIFF OMITTED] TP13DE24.068

    (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)

[[Page 101204]]

[GRAPHIC] [TIFF OMITTED] TP13DE24.069

    (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)

[[Page 101205]]

[GRAPHIC] [TIFF OMITTED] TP13DE24.070

    (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)

[[Page 101206]]

[GRAPHIC] [TIFF OMITTED] TP13DE24.071

* * * * *

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`