Mussel Listing Comment Response Document Final

PROPOSED RULEMAKING: MUSSEL LISTING COMMENT/RESPONSE DOCUMENT The Pennsylvania Fish and Boat Commission (PFBC) published a notice of proposed rulemaking at 38 Pa. B. 6617 (December 6, 2008), seeking public comments on amendments to 58 Pa. Code §§ 75.1 and 75.2 (relating to endangered species; and threatened species) that list five mussel species as threatened or endangered. Specifically, the PFBC proposed to add the Salamander Mussel, Rabbitsfoot and Snuffbox to the Pennsylvania endangered species list and to add the Sheepnose and Rayed Bean to the Pennsylvania threatened species list. The original public comment period was December 6, 2008 through January 6, 2009. On January 30, 2009, the PFBC extended the comment period until March 15 and directed staff to hold a public meeting on the listings in the greater Pittsburgh area prior to the quarterly Commission meeting in April. A notice extending the public comment period until March 15 and advising the public of the meeting on March 2, 2009 in Kittanning was published at 39 Pa. B. 1074 (February 21, 2009). During the original comment period of December 6, 2008 through January 6, 2009 and the extended comment period of January 31 through March 15, 2009, the PFBC received 169 comments: 106 comments favor the proposal, 62 comments (including 30 form letters signed by employees of a sand and gravel dredging company) oppose it and one is undetermined. The PFBC received 5 comments between January 7 and ...