Federal Register, Volume 59 Issue 73 (Friday, April 15, 1994)

[Federal Register Volume 59, Number 73 (Friday, April 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-9070]

[[Page Unknown]]

[Federal Register: April 15, 1994]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AC01

Endangered and Threatened Wildlife and Plants; Determination of
Endangered Status for the Royal Snail and Anthony's Riversnail

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The U.S. Fish and Wildlife Service (Service) determines
endangered status for the royal snail (Pyrgulopsis (=Marstonia)
ogmorhaphe) and Anthony's riversnail (Athearnia anthonyi) under the
Endangered Species Act of 1973, as amended (Act). The royal snail is
known only from two spring runs on public lands in the Sequatchie River
system, Marion County, Tennessee. The extremely limited distribution of
the royal snail and the limited amount of occupied habitat make this
species extremely vulnerable to extinction. Anthony's riversnail is
known from two small populations--one in the Sequatchie River, Marion
County, Tennessee, and one in Limestone Creek, Limestone County,
Alabama. These populations are threatened by the general water quality
deterioration that has resulted from siltation and other pollutants
contributed by such factors as coal mining, poor land use practices,
and waste discharges. The protection and recovery provisions afforded
by the Act for the royal snail and Anthony's riversnail are implemented
by this final rule.

EFFECTIVE DATE: May 16, 1994.

ADDRESSES: The complete file for this rule is available for public
inspection, by appointment, during normal business hours at the
Asheville Field Office, U.S. Fish and Wildlife Service, 330 Ridgefield
Court, Asheville, North Carolina 28806.

FOR FURTHER INFORMATION CONTACT: Mr. J. Allen Ratzlaff or Mr. Richard
G. Biggins at the above address (704/665-1195, Ext. 229 or 228,
respectively).

SUPPLEMENTARY INFORMATION:

Background

Royal Snail

The royal snail (Marstonia ogmorhaphe) was described by Thompson in
1977 and was later reassigned to the genus Pyrgulopsis by Hershler and
Thompson (1987). The royal snail is a small (usually less than 5
millimeters (0.25 inch) in length) annual species distinguished from
other closely related species by (1) its relatively large size; (2) its
large number of whorls (5.2 to 5.8); (3) its deeply incised, suture-
producing, strongly shouldered whorls, which are almost flat above; (4)
its complete aperture, which is broadly ovate in shape with a rounded
posterior corner; (5) its outer lip, which is slightly arched forward
in lateral profile; (6) its thin shell; (7) its conical-terete shape;
and (8) its enlarged bursa copulatrix with a completely exposed duct
(Thompson 1977).
The royal snail is known from only two spring runs in the
Sequatchie River system in Marion County, Tennessee. Royal snails are
generally found in the diatomaceous ``ooze'' and on leaves and twigs in
the quieter pools downstream from the spring source.
While no populations of the royal snail are known to have been
lost, the general deterioration of the water quality that has resulted
from siltation and other pollutants contributed by coal mining, poor
land use practices, and waste discharges likely are impacting the
species. This could result in serious, irreversible decline of the
species. Additionally, because both existing populations inhabit
extremely limited areas, they are very vulnerable to extirpation from
accidental toxic chemical spills or vandalism.
On December 17, 1992, the Service notified by mail (28 letters) the
potentially affected Federal and State agencies, local governments, and
interested individuals within the species' present range that a status
review of the royal snail was being conducted. Three agencies and one
private organization responded. The Tennessee Valley Authority
supported proposing the species for listing. The Tennessee Wildlife
Resources Agency, U.S. Soil Conservation Service, and the one
responding private organization did not take a position on the
potential listing. No objections to the potential listing of the royal
snail were received.

Anthony's Riversnail

Anthony's riversnail was originally described from specimens
collected in the Holston River, near Knoxville, Tennessee (``Budd,'' in
Redfield 1854). This relatively large freshwater snail, which grows to
about 2.5 centimeters (1 inch) in length, is ovate and olive green to
yellowish brown in color. Anthony's riversnail is listed by the
Tennessee Department of Environment and Conservation as a threatened
species (Bogan and Parmalee 1983).
Anthony's riversnail is primarily a big-river species that was
historically associated with shoal areas in the main stem of the
Tennessee River and the lower reaches of some of its tributaries. There
are historical records of the species from the lower French Broad
River, Knox County, Tennessee; Nolichucky River, Green County,
Tennessee; Clinch River, Jefferson County, Tennessee; Beaver Creek,
Knox County, Tennessee; Little Tennessee River, Monroe and Loudon
Counties, Tennessee; Tellico River, Monroe County, Tennessee;
Sequatchie and Little Sequatchie Rivers and Battle Creek, Marion
County, Tennessee; South Chickamauga and Tiger Creeks, Catoosa County,
Georgia; Limestone Creek, Limestone County, Alabama; and Tennessee
River, Knox and Loudon Counties, Tennessee, and Jackson, Limestone, and
Lauderdale Counties, Alabama (Bogan and Parmalee 1983; Gordon 1991; F.
Thompson, Florida Museum of Natural History, personal communication,
1991). Presently, only two small populations are known to survive--one
in the Sequatchie River, Marion County, Tennessee (M. Gordon, Tennessee
Technological University, and S. Ahlstedt, Tennessee Valley Authority,
personal communications 1991), and one in Limestone Creek, Limestone
County, Alabama (Thompson, personal communication, 1991; Garner 1992).
Many populations were lost when much of the Tennessee River and the
lower reaches of its tributaries were impounded. The general water
quality deterioration that has resulted from siltation and other
pollutants contributed by coal mining, poor land use practices, and
waste discharges was likely responsible for the species' further
decline. These factors continue to impact the Sequatchie River and
Limestone Creek populations.
Both existing populations inhabit short river reaches; thus, they
are very vulnerable to extirpation from accidental toxic chemical
spills. As the Sequatchie River and Limestone Creek are isolated by
impoundments from other Tennessee River tributaries, recolonization of
any extirpated populations would be unlikely without human
intervention. Additionally, because these populations are isolated,
their long-term genetic viability is questionable.
Anthony's riversnail (Athearnia anthonyi) first appeared as a
candidate species (category 2) on May 22, 1984, in the Invertebrate
Notice or Review (49 FR 21664-21675). This taxon was reassigned from
category 2 to category 3B on January 6, 1989, in the Animal Notice of
Review (54 FR 554-579). The change in category was based on information
that Anthony's riversnail was not a distinct species, but that it was
instead the same as another category 2 species, the boulder snail
(Leptoxis (=Athearnia) crassa). Gordon (1991) examined juveniles of
both species and concluded that the two snails are distinct species.
However, as the boulder snail is apparently extinct (Bogan and Parmalee
1983, Gordon 1991), their distinctiveness is irrelevant.
On June 12, 1992, the Service notified by mail (37 letters) the
potentially affected Federal and State agencies, local governments, and
interested individuals within the species' present range that a status
review of the Anthony's riversnail was being conducted. Four agencies
responded. The Tennessee Department of Environment and Conservation
supported proposing the species for listing. The Tennessee Valley
Authority, U.S. Soil Conservation Service, and Tennessee State Planning
Office responded to the notification letter but did not take a position
on the potential listing. No objections to the potential listing of the
Anthony's riversnail were received.

Summary of Comments and Recommendations

In the August 5, 1993, proposed rule (58 FR 41690) on the royal
snail and Anthony's riversnail and through associated notifications,
all interested parties were requested to submit factual reports and
information that might contribute to the development of a final rule
for the royal snail and Anthony's riversnail. Appropriate Federal and
State agencies, and interested parties were contacted by letters dated
August 16, 1993. Legal notices were published in the Chattanooga Times
and Chattanooga News-Free Press on August 19, 1993, and in the Decatur
Daily on August 23, 1993.
One written comment was received on the proposed rule to list the
royal snail an Anthony's riversnail. The U.S. Soil Conservation Service
responded by stating they had no additional information on either of
the species.

Summary of Factors Affecting the Species

After a thorough review and consideration of all information
available, the Service has determined that the royal snail and
Anthony's riversnail should be classified as endangered species.
Section 4(a)(1) of the Act and regulations (50 CFR part 424)
promulgated to implement the listing provisions of the Act were
followed. A species may be determined to be an endangered or threatened
species due to one or more of the five factors described in section
4(a)(1). These factors and their application to the royal snail
(Pyrgulopsis (=Marstonia) ogmorhaphe) and Anthony's riversnail
(Athearnia anthonyi) are as follows:

A. The Present or Threatened Destruction, Modification, or Curtailment
of Its Habitat or Range

The royal snail is known from only two spring runs in the
Sequatchie River system in Marion County, Tennessee, and has never been
found outside these areas. This extremely limited distribution, the
limited amount of occupied habitat, the ease of accessibility, and the
species' annual life cycle make the royal snail extremely vulnerable to
extinction. Threats to the species include siltation; road
construction; logging; agricultural, municipal, industrial, and mining
runoff (both direct and from sub surface flows); cattle grazing;
vandalism; and pollution from trash thrown in the springs. Further,
timber harvesting for wood chip mills proposed for southeastern
Tennessee and northeastern Alabama could impact this species.
Anthony's riversnail was once rather widespread in the Tennessee
River system. (See ``Background'' section for a discussion of the
species' historic range.) Presently, only two small populations are
known to survive--one in the Sequatchie River, Marion County, Tennessee
(Gordon and Ahlstedt, personal Communications, 1991), and one in
Limestone Creek, Limestone County, Alabama (Thompson, personal
Communication, 1991; Garner 1992).
Anthony's riversnail is primarily a big-river species that was
historically associated with shoal areas in the main stem of the
Tennessee River and the lower reaches of some of its tributaries. When
the Tennessee River impoundments were constructed, most of the
Tennessee River's riverine habitat was lost, and the lower reaches of
its tributaries were also inundated. Populations that were able to
survive in the remaining limited unimpounded habitat were apparently
lost due to the general deterioration of water quality that has
resulted from siltation and other pollutants contributed by coal
mining, poor land use practices, and waste discharges. These factors
continue to impact the Sequatchie River and Limestone Creek
populations. Additionally, timber harvesting for wood chip mills
proposed for southeastern Tennessee and northeastern Alabama could
impact the species.

B. Overutilization for Commercial, Recreational, Scientific, or
Educational Purposes

There is no indication that over-utilization has been a problem for
the royal snail or Anthony's riversnail. The specific areas inhabited
by these species are presently not known by the general public; until
the proposed rule was published, they were likely unaware of the
presence of these rare snails. If the specific areas inhabited by these
two species were revealed, it would be extremely easy for vandals to
seriously impact them. Therefore, the present range of these species
has been described only in general terms.

C. Disease or Predation

Although the royal snail and Anthony's riversnail are consumed by
predatory animals, there is no evidence that predation or disease are
serious threats to the species.

D. The Inadequacy of Existing Regulatory Mechanisms

The State of Tennessee prohibits taking fish and wildlife,
including freshwater snails, for scientific purposes without a State
collecting permit. However, the royal snail and Anthony's riversnail
are generally not protected from other threats. Federal listing will
provide additional protection for these species from collectors by
requiring Federal endangered species permits to take these species and
by requiring Federal agencies to consult with the Service when projects
they fund, authorize, or carry out may affect the species.

E. Other Natural or Manmade Factors Affecting its Continued Existence

Because the royal snail is presently restricted to two small spring
runs, it is very vulnerable to extinction from accidental toxic
chemical spills; and because the populations are physically isolated
from each other, recolonization of an extirpated population would not
be possible without human intervention. Additionally, because natural
gene flow among populations is not possible, the long-term genetic
viability of these remaining isolated populations is questionable.
Both existing Anthony's riversnail populations inhabit short river
reaches; thus, they are vulnerable to extirpation from accidental toxic
chemical spills. As the Sequatchie River and Limestone Creek are
isolated by impoundments from other Tennessee River tributaries,
recolonization of any extirpated populations would be unlikely without
human intervention. Additionally, because these populations are
isolated, their long-term genetic viability is questionable.
The Service has carefully assessed the best scientific and
commercial information available regarding the past, present, and
future threats faced by these species in determining to make this rule
final. Based on this evaluation, the preferred action is to list the
royal snail and Anthony's riversnail as endangered. The royal snail is
known from only two populations in spring runs in Marion County,
Tennessee. Anthony's riversnail is currently known from two small
populations--one in the Sequatchie River, Marion County, Tennessee, and
one in Limestone Creek, Limestone County, Alabama. These snails and
their habitats have been and continue to be threatened, and Anthony's
riversnail has undergone a significant range reduction. Their limited
distribution also makes them vulnerable to toxic chemical spills.
Because of their restricted distributions and both snails'
vulnerability to extinction, endangered status appear to be the most
appropriate classification for these species. (See ``Critical Habitat''
for a discussion of why critical habitat is not being designated for
these snails.)

Critical Habitat

Section 4(a)(3) of the Act, as amended, requires that, to the
maximum extent prudent and determinable, the Secretary designate
critical habitat at the time the species is determined to be endangered
or threatened. The Service's regulations (50 CFR 424.12(a)(l)) state
that designation of critical habitat is not prudent when one or both of
the following situations exist:
(1) The species is threatened by taking or other activity and the
identification of critical habitat can be expected to increase the
degree of threat to the species or
(2) The designation of critical habitat would not be beneficial to
the species. The Service finds that designation of critical habitat is
not presently prudent for these species. Such a determination would
result in no known benefit to these species, and designation of
critical habitat could further threaten both species.
Section 7(a)(2) and regulations codified at 50 CFR part 402 require
Federal agencies to ensure, in consultation with and with the
assistance of the Service, that activities they authorize, fund, or
carry out are not likely to jeopardize the continued existence of
listed species or destroy or adversely modify its critical habitat, if
designated. Section 7(a)(4) requires Federal agencies to confer
informally with the Service on any action that is likely to jeopardize
the continued existence of a proposed species or result in the
destruction or adverse modification of proposed critical habitat. (See
``Available Conservation Measures'' section for a further discussion of
section 7.) As part of the development of the proposed rules, Federal
and State agencies were notified of the snail's general distribution,
and they were requested to provide data on proposed Federal actions
that might adversely affect the two species. No specific projects were
identified. Should any future projects be proposed in areas inhabited
by these snails, the involved Federal agency will already have the
general distributional data needed to determine if the species may be
impacted by their action; if needed, more specific distributional
information would be provided.
Each of these snails occupies very restricted stream reaches. Thus,
as any significant adverse modification or destruction of these
species' habitat would likely jeopardize their continued existence, no
additional protection for the species would accrue from critical
habitat designation that would not also accrue from listing the
species. Therefore, habitat protection for these species will be
accomplished through the section 7 jeopardy standard and section 9
prohibitions against take.
In addition, because these species are very rare, with populations
restricted to extremely short stream reaches, unregulated taking for
any purpose could threaten their continued existence. The publication
of critical habitat maps in the Federal Register and local newspapers
and any other publicity accompanying critical habitat designation could
increase the collection threat and increase the potential for
vandalism, especially during the often controversial critical habitat
designation process. (See ``Summary of Factors Affecting the Species''
section for a further discussion of threats to these species from
vandals.) The locations of populations of these species have
consequently been described only in general terms in this final rule.
Precise locality data is available to appropriate Federal, State, and
local government agencies and individuals from the service office
described in the Addresses section and from the Service's Cookeville
Field Office, 446 Neal Street, Cookeville, Tennessee 38501.

Available Conservation Measures

Conservation measures provided to species listed as endangered or
threatened under the Endangered Species Act include recognition,
recovery actions, requirements for Federal protection, and prohibitions
against certain practices. Recognition through listing encourages and
results in conservation actions by Federal, State, local, and private
agencies, groups, and individuals. The Act provides for possible land
acquisition and cooperation with the States and requires that recovery
actions be carried out for all listed species. The protection required
of Federal agencies and the prohibitions against taking and harm are
discussed, in part, below.
Section 7(a) of the Act, as amended, requires Federal agencies to
evaluate their actions with respect to any species that is proposed or
listed as endangered or threatened and with respect to its critical
habitat, if any is being designated. Regulations implementing this
interagency cooperation provision of the Act are codified at 50 CFR
part 402. Section 7(a)(2) requires Federal agencies to ensure that
activities they authorize, fund, or carry out are not likely to
jeopardize the continued existence of a listed species or to destroy or
adversely modify its critical habitat. If a Federal action may affect a
listed species or its critical habitat, the responsible Federal agency
must enter into formal consultation with the Service.
The Service notified Federal agencies that could have programs
affecting these species. No specific proposed Federal actions were
identified that would likely affect the species. Federal activities
that could occur and impact the species include, but are not limited
to, the carrying out or the issuance of permits for reservoir
construction, stream alterations, wastewater facility development,
pesticide registration, and road and bridge construction. It has been
the experience of the Service, however, that nearly all Section 7
consultations can be resolved so that the species is protected and the
project objectives are met.
The Act and implementing regulations found at 50 CFR 17.21 set
forth a series of general prohibitions and exceptions that apply to all
endangered wildlife. These prohibitions, in part, make it illegal for
any person subject to the jurisdiction of the United States to take
(include harass, harm, pursue, hunt, shoot, wound, kill, trap, or
collect; or to attempt any of these), import or export, ship in
interstate commerce in the course of commercial activity, or sell or
offer for sale in interstate or foreign commerce any listed species. It
also is illegal to possess, sell, deliver, carry, transport, or ship
any such wildlife that has been taken illegally. Certain exceptions
apply to agents of the Service and State conservation agencies.
Permits may be issued to carry out otherwise prohibited activities
involving endangered wildlife species under certain circumstances.
Regulations governing permits are at 50 CFR 17.22 and 17.23. Such
permits are available for scientific purposes, to enhance the
propagation or survival of the species, and/or for incidental take in
connection with otherwise lawful activities. In some instances, permits
may be issued for a specified time to relieve undue economic hardship
that would be suffered if such relief were not available. These species
are not in trade, and such permit requests are not expected.

National Environmental Policy Act

The Fish and Wildlife Service has determined that an Environmental
Assessment, as defined under the authority of the National
Environmental Policy Act of 1969, need not be prepared in connection
with regulations adopted pursuant to section 4(a) of the Endangered
Species Act of 1973, as amended. A notice outlining the Service's
reasons for this determination was published in the Federal Register on
October 25, 1983 (48 FR 49244).

References Cited

Bogan, A. E., and P. W. Parmalee. 1983. Tennessee's rare wildlife,
Volume II: the mollusks. 123 pp.
Garner, J. T. 1992. A survey for Anthony's river snail, Athearnia
anthonyi (``Budd,'' in Redfield 1854), in tributaries of the middle
reaches of the Tennessee River. Unpublished report prepared for the
U.S. Fish and Wildlife Service. 25 pp.
Gordon, M. E. 1991. Species accounts for Anthony's riversnail
(Athearnia anthonyi). Unpublished report to The Nature Conservancy.
4 pp.
Hershler, Robert, and Fred G. Thompson. 1987. North American
Hydrobiidae (Gastropoda: Rissoacea): Redescription and Systematic
Relationships of Tryonia Stimpson, 1865, and Pyrgulopsis Call and
Pilsbry, 1886. The Nautilus 101(1):25-32.
Refield, J. H. 1854. Descriptions of new species of shells. Ann.
Lyc. Nat. Hist. New York 6:130-132.
Thompson, Fred G. 1977. The Hydrobiid snail genus Marstonia. Bull.
Florida State. Mus., Biol. Sci., Vol. 21, No. 3, pp. 113-158.

Author

The primary authors of this final rule are Mr. J. Allen Ratzlaff
and Mr. Richard G. Biggins (see Addresses section) (704/665-1195,
Ext. 229 and 228, respectively).

List of Subjects in 50 CFR Part 17

Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, and Transportation.

Regulation Promulgation

Accordingly, part 17, subchapter B of chapter I, title 50 of the
Code of Federal Regulations, is amended as set forth below:

PART 17--[AMENDED]

1. The authority citation for part 17 continues to read as follows:

Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.

2. Amend Sec. 17.11(h) by adding the following, in alphabetical
order, under snails, to the List of Endangered and Threatened Wildlife,
to read as follows:

Sec. 17.11 Endangered and threatened wildlife.

* * * * *
(h) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
Species Vertebrate population
---------------------------------------------------- Historic range where endangered or Status When listed Critical Special
Common name Scientific name threatened habitat rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
Snails

* * * * * * *
Snail, royal............. Pyrgulopsis (=Marstonia) U.S.A. (TN)............. NA...................... E 438 NA NA
oqmorhaphe.

* * * * * * *
Riversnail, Anthony's.... Athearnia anthonyi...... U.S.A. (AL, GA, TN)..... NA...................... E 438 NA NA

* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

Dated: April 1, 1994.
Mollie H. Beattie,
Director, Fish and Wildlife Service.
[FR Doc. 94-9070 Filed 4-14-94; 8:45 am]
BILLING CODE 4310-55-M