[Code of Federal Regulations]
[Title 50, Volume 2]
[Revised as of October 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 50CFR17.85]

[Page 224-225]
 
                    TITLE 50--WILDLIFE AND FISHERIES
 
 CHAPTER I--UNITED STATES FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE 
                          INTERIOR (CONTINUED)
 
PART 17_ENDANGERED AND THREATENED WILDLIFE AND PLANTS--Table of Contents
 
                   Subpart H_Experimental Populations
 
Sec.  17.85  Special rules--invertebrates.

    (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

[[Page 225]]

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]