50 CFR 17.85 - Special rules

Status message

There are 31 Updates appearing in the Federal Register for 50 CFR 17. View below or at eCFR (GPOAccess)
§ 17.85 Special rules—invertebrates.
(a) Seventeen mollusks in the Tennessee River. The species in the following table comprise nonessential experimental populations (NEPs):
Common name Scientific name
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 Lemiox rimosus
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.
(b) Sixteen mollusks in the French Broad and Holston Rivers. The species in the following table comprise nonessential experimental populations (NEP):
Common name Scientific name
Cumberland bean (pearlymussel) Villosa trabalis
Cumberlandian combshell Epioblasma brevidens
fanshell Cyprogenia stegaria
Appalachian monkeyface (pearlymussel) Quadrula sparsa
Cumberland monkeyface (pearlymussel) Quadrula intermedia
oyster mussel Epioblasma capsaeformis
birdwing pearlymussel Lemiox rimosus
cracking pearlymussel Hemistena lata
dromedary pearlymussel Dromus dromas
fine-rayed pigtoe Fusconaia cuneolus
rough pigtoe Pleurobema plenum
shiny pigtoe Fusconaia cor
orange-foot pimpleback (pearlymussel) Plethobasus cooperianus
ring pink (mussel) Obovaria retusa
white wartyback (pearlymussel) Plethobasus cicatricosus
Anthony's riversnail Athearnia anthonyi
(1) Where are these mollusks designated as NEPs?
(i) The NEP area for these mollusks is within the species' historical range and is defined as follows: The French Broad River, Knox and Sevier Counties, Tennessee, from the base of Douglas Dam (river mile (RM) 32.3 (51.7 kilometers (km)) downstream to the confluence with the Holston River; then up the Holston River, Knox, Grainger, and Jefferson Counties, Tennessee, to the base of Cherokee Dam (RM 52.3 (83.7 km)); and the lower 5 RM (8 km) of all tributaries that enter these river reaches. None of the species identified in paragraph (b) are known to exist in any of the tributaries to the free-flowing reaches of the French Broad River below Douglas Dam, Knox and Sevier Counties, Tennessee, or of the Holston River below the Cherokee Dam, Knox, Grainger, and Jefferson Counties, Tennessee. Based on their habitat requirements, we do not expect these species to become established outside this NEP area. However, if any individuals are found upstream or downstream or into tributaries outside the designated NEP area, we would presume that they came from the reintroduced populations. We would then amend paragraph (b)(1)(i) of this section to enlarge the boundaries of the NEP area to include the entire range of the expanded population.
(ii) Another NEP area for 10 of these mollusks (Cumberland bean, Cumberlandian combshell, Cumberland monkeyface, oyster mussel, birdwing pearlymussel, cracking pearlymussel, dromedary pearlymussel, fine-rayed pigtoe, shiny pigtoe, and Anthony's riversnail) is provided in paragraph (a) of this section.
(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 paragraph (b)(3) of this section, all the prohibitions of § 17.31(a) and (b) apply to the mollusks identified in paragraph (b) of this section.
(ii) Any manner of take not described under paragraph (b)(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 mollusks, or parts thereof, that are taken or possessed in violation of paragraph (b)(2) of this section 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 paragraph (b)(2) of this section.
(3) What take is allowed in the NEP area? Take of these species that is accidental and incidental to an otherwise legal activity, such as recreation (e.g., fishing, boating, wading, trapping, or swimming), forestry, agriculture, and other activities that are in accordance with Federal, State, and local laws and regulations, is allowed.
(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.
(5) Note: Map of the NEP area in Tennessee for the 16 mollusks listed in paragraph (b) of this section follows:
(c) American Burying Beetle (Nicrophorus americanus).
(1) Where is the American burying beetle designated as a nonessential experimental population (NEP)?
(i) The NEP area for the American burying beetle is within the species' historical range and is defined as follows: The Missouri Counties of Cedar, St. Clair, Bates, and Vernon.
(ii) The American burying beetle is not known to exist in Cedar, St. Clair, Bates, or Vernon Counties in Missouri, as of the date of enacting this regulation. Based on its habitat requirements and movement patterns, we do not expect this species to become established outside this NEP area.
(2) What activities are not allowed in the NEP area?
(i) You may not possess, sell, deliver, carry, transport, ship, import, or export by any means, American burying beetles, or parts thereof, that are taken or possessed in violation of paragraph (c)(3) of this section or in violation of applicable State fish and wildlife laws or regulations or the Act.
(ii) You may not attempt to commit, solicit another to commit, or cause to be committed any offense defined in paragraph (c)(2)(i) of this section.
(3) What take is allowed in the NEP area? Take of this species that is accidental and incidental to an otherwise legal activity, such as agriculture, forestry and wildlife management, land development, recreation, and other activities, is allowed.
(4) How will the effectiveness of these reintroductions be monitored? We will prepare periodic progress reports and fully evaluate these reintroduction efforts after 5 years to determine whether to continue or terminate the reintroduction efforts.
(5) Note: Map of the NEP area for the American burying beetle follows:
[66 FR 32263, June 14, 2001, as amended at 72 FR 52459, Sept. 13, 2007; 77 FR 16717, Mar. 22, 2012]

Title 50 published on 2013-10-01

The following are only the Rules published in the Federal Register after the published date of Title 50.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2014-05-20; vol. 79 # 97 - Tuesday, May 20, 2014
    1. 79 FR 28847 - Endangered and Threatened Wildlife and Plants; Listing the Southern White Rhino (Ceratotherium simum simum) as Threatened
      GPO FDSys XML | Text
      DEPARTMENT OF THE INTERIOR, Fish and Wildlife Service
      Affirmation of interim rule as final rule.
      Effective May 20, 2014, we are adopting as a final rule the interim rule published at 78 FR 55649 on September 11, 2013.
      50 CFR Part 17

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
U.S. Code: Title 16 - CONSERVATION

§ 1361 - Congressional findings and declaration of policy

§ 1362 - Definitions

§ 1371 - Moratorium on taking and importing marine mammals and marine mammal products

§ 1372 - Prohibitions

§ 1373 - Regulations on taking of marine mammals

§ 1374 - Permits

§ 1375 - Penalties

§ 1375a - Use of fines for protection and recovery of manatees, polar bears, sea otters, and walruses

§ 1376 - Seizure and forfeiture of cargo

§ 1377 - Enforcement

§ 1378 - International program

§ 1379 - Transfer of management authority

§ 1380 - Marine mammal research grants

§ 1381 - Commercial fisheries gear development

§ 1382 - Regulations and administration

§ 1383 - Application to other treaties and conventions

§ 1383a - Interim exemption for commercial fisheries

§ 1383b - Status review; conservation plans

§ 1384 - Authorization of appropriations

§ 1385 - Dolphin protection

§ 1386 - Stock assessments

§ 1387 - Taking of marine mammals incidental to commercial fishing operations

§ 1388 - Marine mammal cooperative agreements in Alaska

§ 1389 - Pacific Coast Task Force; Gulf of Maine

§ 1401 - Establishment

§ 1402 - Duties of Commission

§ 1403 - Committee of Scientific Advisors on Marine Mammals

§ 1404 - Omitted

§ 1405 - Coordination with other Federal agencies

§ 1406 - Administration

§ 1407 - Authorization of appropriations

§ 1531 - Congressional findings and declaration of purposes and policy

§ 1532 - Definitions

§ 1533 - Determination of endangered species and threatened species

§ 1534 - Land acquisition

§ 1535 - Cooperation with States

§ 1536 - Interagency cooperation

§ 1537 - International cooperation

§ 1537a - Convention implementation

§ 1538 - Prohibited acts

§ 1539 - Exceptions

§ 1540 - Penalties and enforcement

§ 1541 - Endangered plants

§ 1542 - Authorization of appropriations

§ 1543 - Construction with Marine Mammal Protection Act of 1972

§ 1544 - Annual cost analysis by Fish and Wildlife Service

§ 4201 - Statement of purpose

§ 4202 - Findings

§ 4203 - Statement of policy

§ 4211 - Provision of assistance

§ 4212 - Acceptance and use of donations

§ 4213 - Omitted

§ 4214 - Advisory group

§ 4221 - Review of African elephant conservation programs

§ 4222 - Moratoria

§ 4223 - Prohibited acts

§ 4224 - Penalties and enforcement

§ 4225 - Rewards

§ 4241 - Relationship to Endangered Species Act of 1973

§ 4242 - Certification under Pelly amendment

§ 4243 - Repealed.

§ 4244 - Definitions

§ 4245 - Authorization of appropriations

Title 50 published on 2013-10-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 50 CFR 17 after this date.

  • 2014-05-21; vol. 79 # 98 - Wednesday, May 21, 2014
    1. 79 FR 29150 - Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for Agave eggersiana, Gonocalyx concolor and Varronia rupicola
      GPO FDSys XML | Text
      DEPARTMENT OF THE INTERIOR, Fish and Wildlife Service
      Proposed rule; reopening of comment period.
      We will consider comments received or postmarked on or before June 20, 2014. Comments submitted electronically using the Federal eRulemaking Portal (see ADDRESSES section, below) must be received by 11:59 p.m. Eastern Time on the closing date.
      50 CFR Part 17