50 C.F.R. § 17.85 Special rules—invertebrates.
Title 50 - Wildlife and Fisheries
(a) Cumberland bean (pearlymussel) (Villosa trabalis), tubercled blossom (pearlymussel) (Epioblasma torulosa torulosa), turgid blossom (pearlymussel) (Epioblasma turgidula), yellow blossom (pearlymussel) (Epioblasma florentina florentina), catspaw (purple cat's paw pearlymussel) (Epioblasma obliquata obliquata), clubshell (Pleurobema clava), Cumberlandian combshell (Epioblasma brevidens), Alabama lampmussel (Lampsilis virescens), winged mapleleaf (mussel) (Quadrula fragosa), Cumberland monkeyface (pearlymussel) (Quadrula intermedia), oyster mussel (Epioblasma capsaeformis), birdwing pearlymussel (Conradilla caelata), cracking pearlymussel (Hemistena lata), dromedary pearlymussel (Dromus dromas), fine-rayed pigtoe (Fusconaia cuneolus), shiny pigtoe (Fusconaia cor), Anthony's riversnail (Athearnia anthonyi). (1) Where are these mollusks designated as nonessential experimental populations (NEPs)? (i) The NEP Area for these 17 mollusks is within the species' historic ranges, and is defined as follows: The free-flowing reach of the Tennessee River from the base of Wilson Dam downstream to the backwaters of Pickwick Reservoir (river mile (RM) 259.4 [414.0 km] to RM 246.0 [393.6 km] and includes the lower 5 RM (8 km) of all tributaries to this reach in Colbert and Lauderdale Counties, Alabama. (ii) None of the identified species are known to exist in any of the tributaries to the free-flowing reach of the Tennessee River below Wilson Dam or from below the backwaters of Pickwick Reservoir, Colbert and Lauderdale Counties, Alabama. In the future, if any of the 17 mollusks are found upstream of the lower 5 RM (8 km) of these tributaries or downstream into Pickwick Reservoir, we will presume the animals came from the reintroduced NEP, and we will amend this rule and enlarge the boundaries of the NEP Area to include the entire range of the expanded population. (iii) We do not intend to change the NEP designations to “essential experimental,” “threatened,” or “endangered” within the NEP Area. Additionally, we will not designate critical habitat for these NEPs, as provided by 16 U.S.C. 1539(j)(2)(C)(ii). (2) What activities are not allowed in the NEP Area? (i) Except as expressly allowed in this rule, all the prohibitions of 17.31(a) and (b) apply to the mollusks identified in this special rule. (ii) Any manner of take not described under paragraph (a)(3) of this section will not be allowed in the NEP Area. We may refer the unauthorized take of these species to the appropriate authorities for prosecution. (iii) You may not possess, sell, deliver, carry, transport, ship, import, or export by any means whatsoever any of the identified 17 mollusks, or parts thereof, that are taken or possessed in violation of these regulations or in violation of the applicable State fish and wildlife laws or regulations or the Act. (iv) You may not attempt to commit, solicit another to commit, or cause to be committed any offense defined in this paragraph (a). (3) What take is allowed in the NEP Area? (i) Take of these species that is accidental and incidental to an otherwise lawful activity such as fishing, boating, commercial navigation, trapping, wading, or mussel harvesting, is allowed. (ii) Any individual collecting or harvesting mussels must check their collection prior to leaving the immediate area and return any NEP mussels to the site where they were obtained. (4) How will the effectiveness of these reintroductions be monitored? We will prepare periodic progress reports and fully evaluate these reintroduction efforts after 5 and 10 years to determine whether to continue or terminate the reintroduction efforts. [66 FR 32263, June 14, 2001]
Title 50: Wildlife and Fisheries
PART 17—ENDANGERED AND THREATENED WILDLIFE AND PLANTS
Subpart H—Experimental Populations
§ 17.85 Special rules—invertebrates.
