Department of Commerce National Oceanic and Atmospheric Administration 50 Cfr Parts 223 and 224 Endangered and Threatened Wildlife and Plants; 90-day Finding for a Petition to List Columbia River Eulachon (thaleichthys Pacificus) as Endangered or Threatened

The scaleshell mussel (Leptodea leptodon) historically occurred in 13 states in the eastern United States. Currently, the species is known from a few scattered populations within the Mississippi River basin in Missouri, Oklahoma, and Arkansas. Scaleshell inhabits medium-sized to large rivers with stable channels and good water quality. The abundance and distribution of scaleshell has decreased from habitat loss and adverse effects associated with water quality degradation, reservoir construction, sedimentation, channelization, and dredging. These habitat changes have resulted in significant extirpations, restricted and fragmented distributions, and poor recruitment. On August 13, 1999, we published a rule proposing endangered status for the scaleshell mussel in the Federal Register (64 FR 44171). Section 4(b)(5)(E) of the Act (16 U.S.C. 1531 et seq.) requires that we hold a public hearing if it is requested within 45 days of the publication of the proposed rule. We received numerous requests for a hearing from the public within the allotted time. Public hearings are designed to gather relevant information that the public may have that we must consider in determining the status of and threats to this species. We invite the public to submit information and comments either at the hearing on December 8, 1999, or in writing on or before the close of business January 7, 2000. The hearing will be at the Runge Conservation Nature Center, Jefferson City, Missouri on Wednesday, December 8, 1999, from 7:00 PM to 10:00 PM. An informal open forum will be held prior to the public hearing from 5:00 to 6:30 PM at the public hearing location. The purpose of the forum is to answer specific questions regarding the proposed rule. All interested parties are invited to attend. We encourage persons wishing to comment at the formal hearing to provide a written copy of their statement at the start of the hearing. Oral statements given at the formal hearing may be limited in length, if the number of parties who wish to comment necessitates such a limitation. There is no limit on the length of written comments. Persons may also send written comments to our office (see ADDRESSES section) at any time during the open comment period. Equal consideration is given to oral and written comments. We are publishing legal notices announcing the date, time, and location of the hearing in newspapers, concurrently with this Federal Register notice. The comment period on the proposal initially closed on October 13, 1999. To accommodate the hearing, we are reopening the public comment period upon publication of this notice. The public comment period will close on January 7, 2000. Author: The primary author of this notice is Andy Roberts (see ADDRESSES section).