[Federal Register Volume 59, Number 18 (Thursday, January 27, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1539]


[[Page Unknown]]

[Federal Register: January 27, 1994]


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DEPARTMENT OF THE INTERIOR

50 CFR Part 17

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 131

 

Endangered and Threatened Species; Delta Smelt and Sacramento 
Splittail; Water Quality Standards for Sacramento River, San Joaquin 
River, and San Francisco Bay and Delta

AGENCIES: Environmental Protection Agency and Fish and Wildlife 
Service, Interior.

ACTION: Proposed rules; notice of public hearings and extension of 
public comment periods.

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SUMMARY: The U.S. Fish and Wildlife Service (Service), under the 
Endangered Species Act of 1973, as amended (Act), and the Environmental 
Protection Agency (EPA), under section 303 of the Clean Water Act, give 
notice that joint public hearings will be held in California for the 
revised proposed critical habitat determination for the delta smelt 
(Hypomesus transpacificus), the proposed threatened status for the 
Sacramento splittail (Pogonichthys macrolepidotus), and the proposed 
water quality standards for surface waters of the Sacramento River, San 
Joaquin River, and San Francisco Bay and Delta, California. The comment 
periods for the Service's proposed rules for the delta smelt and the 
Sacramento splittail will be extended.

DATES: The comment period for the Service's proposals is extended until 
March 11, 1994. EPA's closing date for public comments remains March 
11, 1994. Four joint public hearings for the three proposals will be 
held on the following dates: (1) February 23, 1994, from 1 p.m. to 4 
p.m. and from 6 p.m. to 8 p.m. in Fresno, California; (2) February 24, 
1994, from 1 p.m. to 4 p.m. and from 6 p.m. to 8 p.m. in Sacramento, 
California; (3) February 25, 1994, from 3 p.m. to 7 p.m. in San 
Francisco, California; and (4) February 28, 1994, from 9 a.m. to 12 
noon and from 6 p.m. to 8 p.m. in Irvine, California.

ADDRESSES: The joint Fish and Wildlife Service and Environmental 
Protection Agency public hearings will be held at the following 
locations: (1) Holiday Inn Center Plaza, 2233 Ventura Avenue, Fresno, 
California; (2) Expo Inn, 1413 Howe Avenue, Sacramento, California; (3) 
EPA Regional Office, 75 Hawthorne Street, San Francisco, California; 
and (4) City of Irvine City Hall, 1 Civic Center Plaza, Irvine, 
California.
    Written comments and materials relating to proposed Service actions 
should be sent directly to the Field Supervisor, U.S. Fish and Wildlife 
Service, Sacramento Field Office, 2800 Cottage Way, room E-1803, 
Sacramento, California 95825-1846. Written comments and materials 
relating to the proposed EPA action should be sent directly to the Bay/
Delta Program Manager, Water Quality Standards Branch, W-3, Water 
Management Division, Environmental Protection Agency, 75 Hawthorne 
Street, San Francisco, California 94105. Comments and materials 
received will be available for public inspection during normal business 
hours, by appointment, at the above addresses.

FOR FURTHER INFORMATION CONTACT:
Dale Pierce, Fish and Wildlife Service, Sacramento Field Office (see 
ADDRESSES section) at 916/978- 4613 or Susan Hatfield, Environmental 
Protection Agency (see ADDRESSES section) at 415/744-1991.

SUPPLEMENTARY INFORMATION:

Background

    The three proposals being addressed at the public hearings are 
components of a coordinated Federal interagency initiative responding 
to water management issues in the San Francisco Bay and Delta. EPA and 
the Service are working closely together and with the National Marine 
Fisheries Service and the U.S. Bureau of Reclamation to develop a 
comprehensive, habitat-oriented approach to water and fish and wildlife 
resource management issues in California.
    Critical habitat designation for the federally listed threatened 
delta smelt would provide additional protection under section 7 of the 
Act with regard to activities that require Federal agency action. As 
required by section 4 of the Act, the Service will consider economic 
and other relevant impacts prior to making a final decision on the size 
and configuration of critical habitat.
    Sacramento splittail occur in Suisun Bay and the San Francisco Bay-
Sacramento-San Joaquin River Estuary in California. The Sacramento 
splittail has declined by 62 percent over the last 15 years. This 
species is primarily threatened by large freshwater exports from 
Sacramento and San Joaquin River diversions, prolonged drought, loss of 
shallow water habitat, introduced aquatic species, and agricultural and 
industrial chemicals.
    EPA has proposed a rule to establish three sets of Federal criteria 
to protect the designated uses of the San Francisco Bay-Sacramento-San 
Joaquin Delta Estuary. The three sets include: (1) Salinity criteria 
protecting the estuarine habitat and other designated fish and wildlife 
uses; (2) salinity criteria (measured in electrical conductivity) to 
protect the fish spawning (striped bass) designated use in the lower 
San Joaquin River; and (3) salmon smolt survival index criteria to 
protect the fish migration and cold freshwater habitat designated uses 
in the estuary.
    The hearings and the extension of the comment periods will allow 
all interested parties to submit oral or written comments on the three 
related proposals. The three proposed rules were published in the 
Federal Register on January 6, 1994 (delta smelt (59 FR 852), 
Sacramento splittail (59 FR 862), and EPA water quality standards (59 
FR 810)).
    In the January 6, 1994, Federal Register notice for the proposed 
water quality standards, EPA published its intent to hold public 
hearings during the week of February 21, 1994, in Fresno, California; 
Sacramento, California; and San Francisco, California. After further 
consideration, it was decided to add a fourth hearing in the Los 
Angeles, California area in order to expand the public's opportunity to 
comment on these proposals.
    Subsection 4(b)(5)(E) of the Endangered Species Act, as amended (16 
U.S.C. 1531 et seq.), requires that the Service hold a public hearing, 
if it is requested within 45 days of the publication of a proposed 
rule. In anticipation of public hearing requests, the Service announces 
a joint effort with EPA to hold four public hearings in California on 
three related components of an interagency plan that addresses 
management of water and fish and wildlife resources in the California 
estuary.
    The Service and EPA have jointly scheduled four public hearings: 
(1) February 23, 1994, from 1 p.m. to 4 p.m. and from 6 p.m. to 8 p.m. 
at the Holiday Inn Center Plaza, 2233 Ventura Avenue, Fresno, 
California; (2) February 24, 1994, from 1 p.m. to 4 p.m. and from 6 
p.m. to 8 p.m. at the Expo Inn, 1413 Howe Avenue, Sacramento, 
California; (3) February 25, 1994, from 3 p.m. to 7 p.m. at the EPA 
Regional Office, 75 Hawthorne Street, San Francisco, California; and 
(4) February 28, 1994, from 9 a.m. to 12 noon and from 6 p.m. to 8 p.m. 
at the Irvine City Hall, 1 Civic Center Plaza, Irvine, California.
    Those parties wishing to make statements for the record should 
bring copies of their statements to present to EPA and the Service at 
the start of the hearings. Oral statements may be limited in length if 
the number of parties present at the hearings necessitates such a 
limitation. There are, however, no limits to the length of written 
comments or materials presented at the hearing or mailed to the 
respective agencies. Written comments carry the same weight as oral 
comments.
    EPA's January 6, 1994, notice set the due date for all written 
comments related to their proposed rule for March 11, 1994. The comment 
periods on the two Service proposed rules are extended to March 11, 
1994. Written comments should be submitted to EPA or the Service at 
their respective offices given above in the ADDRESSES section.

Author

    The primary author of this notice is Jackie Campbell, U.S. Fish and 
Wildlife Service, Ecological Services, 911 NE. 11th Avenue, Portland, 
Oregon 97232-4181 (503/231-6131).

Authority

    The authority for this action is the Endangered Species Act (16 
U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C. 4201-4245; Public Law 
99-625, 100 Stat. 3500; unless otherwise noted).

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Reporting and 
recordkeeping requirements, Transportation.

    Dated: January 14, 1994.
Marvin L. Plenert,
Regional Director, Region 1, Fish and Wildlife Service.

    Dated: January 13, 1994.
Carl C. Kohnert, Jr.,
Acting Regional Administrator, Region IX, Environmental Protection 
Agency.
[FR Doc. 94-1539 Filed 1-26-94; 8:45 am]
BILLING CODE 4310-55-M