Endangered and Threatened Wildlife and Plants; Public Hearings and Reopening of Comment Period on Proposed Endangered Status for the Cumberland Elktoe, Oyster Mussel, Cumberlandian Combshell, Purple Bean, and Rough Rabbitsfoot

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

Endangered and Threatened Wildlife and Plants; Public Hearings

and Reopening of Comment Period on Proposed Endangered Status for the

Cumberland Elktoe, Oyster Mussel, Cumberlandian Combshell, Purple Bean,

and Rough Rabbitsfoot

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; notice of public hearings and reopening of

comment period.

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SUMMARY: The Fish and Wildlife Service (Service) provides notice that

two public hearings will be held on the proposed determination of

endangered status for five freshwater mussels (Cumberland elktoe

(Alasmidonta atropurpurea), oyster mussel (Epioblasma capsaeformis),

Cumberlandian combshell (Epioblasma brevidens), purple bean (Villosa

perpurpurea), and rough rabbitsfoot (Quadrula cylindrica strigillata))

and that the comment period on the proposal is being reopened. These

mussels are found at various locations in the Cumberland and Tennessee

River basins in Kentucky, Tennessee and Virginia.

DATES: Public hearings on the proposal will be held on December 13,

1994, from 7 p.m. to 10 p.m. central standard time in Jamestown,

Tennessee, and on December 15, 1994, from 7 p.m. to 10 p.m. central

standard time in Lewisburg, Tennessee. The comment period is reopened

on the proposal from November 23, 1994, through December 30, 1994.

ADDRESSES: The December 13, 1994, public hearing will be held in the

Auditorium at the York Institute, Route 127 North, Jamestown,

Tennessee. The December 15, 1994, public hearing will be held in the

3rd floor Circuit Courtroom, Marshall County Courthouse, Public Square,

Lewisburg, Tennessee. Comments should be sent to the Field Supervisor,

U.S. Fish and Wildlife Service, Asheville Field Office, 330 Ridgefield

Court, Asheville, North Carolina 28806.

FOR FURTHER INFORMATION CONTACT: Mr. Richard G. Biggins at the above

field office address (704/665-1195, Ext. 228).

SUPPLEMENTARY INFORMATION:

Background

All five mussels have undergone significant reductions in range and

now exist as relatively small, isolated populations. The Cumberland

elktoe exists in very localized portions of the upper Cumberland River

system in Kentucky and Tennessee. The oyster mussel and Cumberland

combshell persist at extremely low numbers in portions of the

Cumberland and Tennessee River basins in Kentucky, Tennessee, and

Virginia. The purple bean and rough rabbitsfoot currently survive in a

few river reaches in the Tennessee River system in Tennessee and

Virginia. These species were historically eliminated from much of their

range by impoundments. Presently, they and their habitat are impacted

by water quality and habitat deterioration resulting from siltation

contributed by poor land use practices and coal mining practices and by

other water pollutants. The mussels' limited distribution also makes

them vulnerable to toxic chemical spills.

On July 14, 1994, the Service published in the Federal Register (59

FR 35900) a proposal to list these five mussels. Section 4(b)(5)(E) of

the Act provides for a public hearing on a proposed listing if

requested within 45 days of the proposal's publication. The Service

received several public hearing requests during the allotted time

period from within the following counties: Fentress, Cumberland, and

Marshall Counties, Tennessee; and McCreary County, Kentucky.

In response to the public hearing requests, the Service is

reopening the comment period and has scheduled two public hearings on

the proposal to list these five mussels as endangered species. The

comment period on the proposal originally closed on September 12, 1994.

The comment period is being reopened from November 23, 1994, through

December 30, 1994, to accommodate the hearings and to allow additional

time for written comments. Written comments received during this time

period will become a part of the administrative record and will be

given the same consideration as oral comments presented at the

hearings.

The first public hearing will be held December 13, 1994, in the

Auditorium at the York Institute, Route 127 North, Jamestown,

Tennessee, from 7 p.m. to 10 p.m. central standard time. The second

hearing will be held December 15, 1994, in the 3rd floor Circuit

Courtroom, Marshall County Courthouse, Public Square, Lewisburg,

Tennessee, from 7 p.m. to 10 p.m. central standard time. Those parties

wishing to make an oral statement for the record are encouraged to

provide a copy of their statement to the Service at the start of the

hearing. In the event there is a large attendance, the time allotted

for oral statements may have to be limited. However, there is no

restriction on the length of written statements.

Written comments mailed to the Service should be submitted to the

office indicated in the ADDRESSES section. Legal notices announcing the

dates, time and location of the hearings will be published in

newspapers at least 15 days prior to the hearings.

Author: The primary author of this notice is Mr. Richard

Biggins, Asheville Field Office, U.S. Fish and Wildlife Service, 330

Ridgefield Court, Asheville, North Carolina, 28806 (telephone 704/

665-1195, Ext. 228).

Dated: November 8, 1994.

Jerome M. Butler,

Acting Regional Director.

[FR Doc. 94-28238 Filed 11-15-94; 8:45 am]

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