Posted September 4, 2013
The U.S. Fish and Wildlife Service (USFWS) announced that it will reopen the public comment period for a proposed designation of critical habitat for the Neosho mucket and rabbitsfoot mussels under the Endangered Species Act of 1973 (ESA), according to the announcement in the federal register, available here.  Sen. Mark Pryor (D-AR) and the Kansas FarmBureau requested that the USFWS reopen the comment period “to allow all interested parties an opportunity to comment on the proposed designation of critical habitat, draft environmental assessment, and draft economic analysis.” 
On October 16, 2012, the USFWS published a proposed rule to list the Neosho mucket as an endangered species and the rabbitsfoot as a threatened species under the ESA and to designate “critical habitat” for these two mussels.  The proposed designation for the Neosho mucket is approximately 779.1 kilometers or 484.1 miles of river in Arkansas, Kansas, Missouri, and Oklahoma.  The proposed designation for the rabbitsfoot is 2,664 kilometers or 1,655 miles of river in Alabama, Arkansas, Kansas, Kentucky, Illinois, Indiana, Mississippi, Missouri, Ohio, Oklahoma, and Tennessee.  The original comment period was reopened on May 9. 2013 for 30 days and reopened again on August 27, 2013.  This comment period ends on October 28, 2013.  Pursuant to a court-ordered deadline, however, USFWS must make a final determination on the listing of the two mussels by September 30, 2013.  As a result, the listing and the final determination on critical habitat will be published separately. 
The Chattanoogan reports that the USFWS estimates that the designation may cost $4.4 million to $5.9 million over 20 years, or $290,000 to $390,000 annually over the next 20 years.  According to the article, available here, the “majority of the costs are administrative and may be borne by the federal and state agencies, however, some costs may be incurred by local governments and businesses.” 
“Critical habitat” refers to “specific geographic areas that are essential to the conservation of a threatened or endangered species.”  The designation helps to ensure federal agencies and the public are aware of the mussels’ habitat needs.  The designation “does not set up a preserve or refuge and only applies to situations where federal funding or a federal permit is involved” and “does not allow access to private land.”
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