[Federal Register Volume 59, Number 95 (Wednesday, May 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-11993]
[[Page Unknown]]
[Federal Register: May 18, 1994]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AC53
Endangered and Threatened Wildlife and Plants; Proposal to List
the Fish Virgin Spinedace as a Threatened Species
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: The U.S. Fish and Wildlife Service (Service) proposes to list
the Virgin spinedace (Lepidomeda mollispinis mollispinis) as a
threatened species pursuant to the Endangered Species Act (Act) of
1973, as amended. The Virgin spinedace, a small fish in the minnow
family (Cyprinidae), is endemic to the Virgin River drainage of
southwestern Utah, northwestern Arizona, and southeastern Nevada. The
Virgin spinedace was once common in clear water tributaries of the
Virgin River, in some mainstem reaches above Pah Tempe (La Verkin)
Springs near Hurricane, Utah, and incidental in reaches below Pah Tempe
Springs. About 40 percent of its historical habitat has been lost due
to human impacts, which include habitat fragmentation; introduction of
nonnative fishes; and dewatering due to agriculture, mining, and
urbanization. These impacts continue to threaten the Virgin spinedace.
This proposal constitutes the Service's final finding for two petitions
to add the Virgin spinedace to the List of Threatened and Endangered
Species and, if made final, would extend protection of the Act to the
Virgin spinedace. Critical habitat will be proposed for the Virgin
spinedace and two other Virgin River fish species at a later date.
DATES: Comments from all interested parties must be received by July
18, 1994. Public hearing requests must be received by July 5, 1994.
ADDRESSES: Comments and materials concerning this proposed rule may be
submitted to the Field Supervisor, Utah Field Office, Ecological
Services, U.S. Fish and Wildlife Service, 2060 Administration Building,
1745 West 1700 South, Salt Lake City, Utah 84104. The complete file for
this rule is available for public inspection, by appointment, during
normal business hours at the above address.
FOR FURTHER INFORMATION CONTACT: Robert D. Williams, Assistant Field
Supervisor, at the above address, telephone 801/975-3630.
SUPPLEMENTARY INFORMATION
Background
The Virgin spinedace, Lepidomeda mollispinis mollispinis, is
endemic to the Virgin River drainage, a tributary to the Colorado River
of southwestern Utah, northwestern Arizona, and southeastern Nevada.
The historical distribution of the Virgin spinedace is not well
documented (Valdez et al. 1991). The species was probably common-to-
abundant in tributaries of the Virgin River and some mainstem reaches
above Pah Tempe (La Verkin) Springs, near Hurricane, Utah (Holden et
al. 1974), but it was probably less abundant in the mainstem Virgin
River below Pah Tempe Springs. Virgin spinedace were collected from the
Virgin River near the Utah-Arizona border and below Bunkerville,
Nevada, in 1938 (Miller and Hubbs 1960). Tanner (1932) collected Virgin
spinedace at three Utah locations: in the Santa Clara River at Veyo, in
Ash Creek near Toquerville, and in the North Fork of the Virgin River
in Zion National Park. Other historical collection locations include
the Santa Clara River near Shivwitz, Utah, and below Gunlock Reservoir;
the Virgin River at the mouth of La Verkin and Ash Creeks; and Beaver
Dam Wash near Littlefield, Arizona, near Schroeder Reservoir, Nevada
(Miller and Hubbs 1960; T.C. Frantz, U.S. Soil Conservation Service, in
litt.).
The distribution of Virgin spinedace has been greatly reduced from
its historic distribution, and almost all of its occupied habitat is in
Utah. Valdez et al. (1991) estimated that 40 percent (140 km; 87 mi) of
the historic habitat of this fish has been lost. Catch data compiled by
Hardy and Addley (1993) also indicate this magnitude of loss. Virgin
spinedace no longer occur in Nevada, and few of the fish have been
found in Arizona.
The remaining 60 percent of historic Virgin spinedace habitat in
Utah is currently occupied (Valdez et al. 1991). Virgin spinedace occur
in the mainstem Virgin River above Quail Creek Diversion, three reaches
in Beaver Dam Wash, the Santa Clara River between Veyo Springs and
Gunlock Reservoir, isolated reaches in Moody Wash and Mogatsu Creek,
and a 6.3 km (3.9 mi) reach in the lower Santa Clara River. Virgin
spinedace also have been recently found in the lower reaches of La
Verkin, Ash, North, and Shunes Creeks, and in the lower reaches of both
the North and East Forks of the Virgin River. Virgin spinedace are
occasionally collected in the mainstem Virgin River between Pah Tempe
Springs and Littlefield, Arizona.
Declines in Virgin spinedace distribution have been reported for
about 50 years (Cross 1975). Historical records indicate occasional
occurrences of Virgin spinedace in the lower Virgin River (Miller and
Hubbs 1960). However, Cross (1975) reviewed past collections, and
reported that Virgin spinedace have not been found below Littlefield,
Arizona, since 1942. Rinne (1971) reported that Virgin spinedace were
not found at four mainstem Virgin River locations where they had
previously been sampled. Cross (1975) noted the absence of Virgin
spinedace from former sampling locations at Schroeder Reservoir on
Beaver Dam Wash, the lower Santa Clara River, North Creek, and the
mainstem Virgin River (except tributary mouths).
Virgin spinedace populations were impacted by extensive water
diversions and dam construction in the early 1900's (Hardy and Addley
1993) when diversions built on Leeds Creek, Ash Creek, North Creek, and
several other streams depleted or dewatered Virgin spinedace habitat.
The rapid growth of the human population in the Virgin River valley and
surrounding areas has increased the pressure to develop water resources
for human use, and water development remains the primary threat to the
Virgin spinedace. Plans for future impoundment of several of the
tributaries are under consideration and include reaches of North Creek,
Ash Creek, the North and East Forks of the Virgin River, and Beaver Dam
Wash. Construction of reservoirs and the impoundment of these reaches
would negatively impact Virgin spinedace habitat.
Livestock and mining operations also can negatively impact Virgin
spinedace habitat. Livestock use, feedlots, and mining wastes in flood
plains and riparian areas can contaminate surface water. The
introduction of nonnative species also is a threat, and nonnative
fishes can compete with and prey on Virgin spinedace. Finally,
dredging, channelization, and the construction of residential housing
developments near drainages further threaten Virgin spinedace habitat.
Concern for the Virgin spinedace, primarily due to the destruction,
modification, and curtailment of its habitat, were cited as reasons why
the American Fisheries Society listed the fish as threatened in its
1979 and 1989 lists of endangered, threatened, or special concern
fishes (Williams et al. 1989).
Adult Virgin spinedace are 80-120 mm (3-5 in) in total length. They
have a broad, flat, silvery body that has a brassy sheen. Adults often
have sooty green or dark brown splotches along the sides. They have a
rounded head and belly, a terminal mouth, and small scales.
Particularly in breeding season, the bases of the paired fins are
reddish-orange (Sigler and Miller 1963). Virgin spinedace have eight
dorsal rays and typically nine anal rays, although this number varies
from eight to ten. The species has 77-91 scales on the lateral line.
The pharyngeal teeth are in two rows (La Rivers 1962).
First included with the little Colorado spinedace, L. vittata
(Tanner 1932, 1936), the Virgin spinedace was recognized as a distinct
unnamed species (Lepidomeda sp.) by Miller (1952). Eddy (1957)
subsequently assigned the fish to the species L. mollispinis, the
Middle Colorado spinedace. Miller and Hubbs (1960) subsequently
described the Virgin spinedace, assigning it the subspecific
designation Lepidomeda mollispinis mollispinis. The name mollispinis is
derived from the Latin mollis, which means soft, and spina, or spine;
both terms refer to the fish's soft-tipped second dorsal spine (Miller
and Hubbs 1960).
The Virgin spinedace belongs to the endemic western tribe
Plagopterini (family Cyprinidae). The Plagopterini are comprised of
three genera: Lepidomeda, Meda, and Plagopterus. Plagopterus and Meda
are monotypic genera represented by the woundfin (Plagopterus
argentissimus) and the spikedace (Meda fulgida). Lepidomeda contains
four species: the White River spinedace (L. albivallis), the Little
Colorado spinedace (L. vittata), the Pahranagat spinedace (L.
altivelis) and the Virgin spinedace (L. mollispinis; Robins 1991),
which includes two subspecies: the nominate subspecies Virgin spinedace
(L. m. mollispinis), and the Big Spring spinedace (L. mollispinis
pratensis; Miller and Hubbs 1960). All extant members of the tribe
Plagopterini are very rare. The woundfin and White River spinedace are
listed as endangered; the spikedace, Little Colorado spinedace and Big
Springs spinedace are listed as threatened (50 CFR Part 17.11). The
Pahrangat spinedace is considered extinct (Miller and Hubbs 1960;
Valdez et al. 1991).
The Virgin spinedace is usually found in clear, cool flowing
streams that are interspersed with pools, runs, and riffles, but its
habitat preferences may vary. Rinne (1971) found that Virgin spinedace
inhabitated pools, often with undercut banks, debris, or boulders.
Deacon and Rebane (1979) reported that Virgin spinedace in the North
Fork of the Virgin River used quiet pools most often; in Beaver Dam
Wash they occupied narrow, shallow runs with large amounts of emergent
vegetation and avoided the deeper pools. Both Deacon and Rebane (1979)
and Hardy et al. (1989) observed that Virgin spinedace preferred the
shear zone between high and low velocities with cover such as boulders,
undercut banks, or vegetation.
Virgin spinedace position themselves in the midwater column and
rise to the surface to feed on floating plant material, aquatic and
terrestrial invertebrates, and debris (Rinne 1971; Rinne and Minckley
1991). The food habits of the fish are dependent upon the season of the
year and size of the fish; Rinne (1971) found that spinedace were in
poor condition when the fish fed predominately on plant material.
Virgin spinedace mature in about 1 year, live about 3 years, and
spawn from April to June at mean daily water temperatures of 13 deg. to
17 deg.C (55 deg. to 63 deg.F). Rinne (1971) observed that Virgin
spinedace spawned over gravel and sand substrates at the shallow
downstream end of deep pools. A solitary female was observed depositing
eggs in the shallow downstream end of the pool and the eggs were
fertilized by several males. As in most fish species, the important
factors controlling timing of spawning appear to be photoperiod and
temperature.
On June 15, 1992, the Fish and Wildlife Service (Service) received
a petition from the Bonneville Chapter of the American Fisheries
Society to list the Virgin spinedace as an endangered species. An
August 17, 1992, petition was received from the Southern Utah
Wilderness Alliance, and it also requested that the Service list the
Virgin spinedace as endangered. The petitioners stated that the
species' range had been reduced by approximately 40 percent and that at
least three populations had been extirpated. The petitioners identified
nonnative fish introduction; fragmentation; and loss of habitat due to
agricultural diversions, mining activities, eroding stream banks,
increased sedimentation, degraded water quality, cattle grazing, and
water development as causes for the species' decline. Both petitions
cited Valdez et al. (1991) as the primary basis of their determination.
On March 16, 1993 (58 FR 14169), the Service published notice of a
finding that the petitions presented substantial information indicating
that listing the Virgin spinedace may be warranted, and requested
comments and biological data on the status of the fish. Concurrent with
publishing the notice in the Federal Register, the Service initiated a
status review.
Section 4(b)(3) of the Endangered Species Act (Act) of 1973, as
amended (16 U.S.C. 1531 et seq.) requires the Secretary of the Interior
to reach a final decision on any petition accepted for review within 12
months of its receipt. This proposal constitutes the final finding on
the petitioned action.
Summary of Factors Affecting the Species
Section 4(a)(1) of the Act and regulations (50 CFR part 424)
promulgated to implement the listing provisions of the Act set forth
the procedures for adding species to the Federal Lists. A species may
be determined to be an endangered or threatened species due to one or
more of the five factors described in section 4(a)(1). The factors and
their application to the Virgin spinedace (Lepidomeda mollispinis
mollispinis) are as follows:
A. The present or threatened destruction, modification, or
curtailment of its habitat or range. Little is known about the Virgin
spinedace's historical habitat. The earliest records (Tanner 1932,
1936) indicated that the species was common in the Santa Clara River
and the North Fork of the Virgin River. However, collection records at
the University of Nevada Las Vegas, Brigham Young University,
University of Michigan Museum of Zoology, and the United States
National Museum indicated a general decline in Virgin spinedace range
and population (Cross 1975). As an example, C.L. Hubbs collected Virgin
spinedace near Bunkerville, Nevada, in 1938, but surveys in 1942 in the
same area failed to produce any Virgin spinedace, and the species has
been absent from subsequent surveys below Littlefield, Arizona (Cross
1975). Cross (1975) further reported the absence of Virgin spinedace
from surveys of upper Beaver Dam Wash and lower Santa Clara River,
where it once was common. Cross (1975) attributed this decline to
physical and chemical deterioration of habitat and the introduction of
nonnative species. The most recent surveys indicate a continued decline
in viable habitat (Hardy and Addley 1993). Dewatering, agriculture and
livestock impacts, the impoundment of reservoirs, and competition and
predation from nonnative species have been implicated in causing this
decline (Cross 1975; Valdez et al. 1991; Hardy and Addley 1993).
The Virgin River Basin has been significantly altered by dams and
diversions built for agriculture and municipal purposes. These
structures, and the dewatering which often followed, resulted in the
elimination or degradation of Virgin spinedace habitat and impacted
their populations. River reaches that historically contained Virgin
spinedace habitat, but are now dewatered include the DI ranch (East
Fork of Beaver Dam Wash), the Santa Clara River below Gunlock
Reservoir, Mogatsu Creek, Ash Creek near Toquerville, Leeds Creek, and
the mainstem Virgin River between Quail Creek Diversion and Pah Tempe
Springs (Hardy and Addley 1993). All of these areas are in Utah.
Even without complete dewatering, dams and diversions can
significantly alter Virgin spinedace habitat. Lack of stable instream
flows affect aquatic vegetation, dissolved oxygen levels, temperature,
pH levels, and turbidity. Virgin spinedace may not survive low-water
conditions and changes to the aquatic ecosystem caused by dams and
diversions because of low dissolved oxygen levels, elevated water
temperatures, and altered water chemistry. Dams and diversions are
barriers to fish movement within the Virgin River system and have
caused fragmentation of Virgin spinedace habitat. Low flows caused by
the diversion of river water also cause fragmentation. In North Creek,
for example, the Virgin Canal Diversion extracts much of the stream's
flow. Below the diversion, Virgin spinedace have been found, but are
essentially isolated in pools connected by small trickles of water
(Hardy and Addley 1993). Habitat fragmentation has isolated populations
of Virgin spinedace, limited the exchange of genetic material, and thus
reduced the effective gene pool of the species.
Livestock grazing is another cause of Virgin spinedace habitat
destruction and Virgin spinedace population declines. Cattle and sheep
utilize riparian areas and cause devegetation, stream bank erosion,
siltation, and degraded water quality. Valdez et al. (1991) indicated
that 10 of 13 populations of Virgin spinedace were threatened by
grazing within the riparian area and by runoff from nearby cattle feed
lots. No exclosures presently exist to prevent livestock damage within
riparian zones in Virgin spinedace habitat.
The construction of water storage facilities since the early 1900's
has caused the direct destruction of historical Virgin spinedace
habitat. Virgin spinedace prefer clear, cool flowing streams comprised
of pools, runs, and riffles (Rinne 1971; Deacon and Rebane 1990; Hardy
and Addley 1993). They are not adapted to the artificial, lacustrine
environments created by four reservoirs that have inundated historical
Virgin spinedace habitat: Schroeder Reservoir on Beaver Dam Wash, Baker
Dam and Gunlock Reservoirs on the Santa Clara River, and Quail Creek
Reservoir on Quail Creek. The most recent of these, Quail Creek
Reservoir, inundated approximately 3.4 km (2.1 mi) of high quality
Virgin spinedace habitat when it was filled in 1985. Virgin spinedace
have since completely disappeared from Quail Creek, where they were
formerly common-to-abundant (Hardy and Addley 1993). The other three
reservoirs are also believed to have flooded Virgin spinedace habitat
(Schroeder Reservoir--0.5 km (0.3 mi); Baker Dam Reservoir--1 km (0.6
mi); Gunlock Reservoir--2.9 km (1.8 mi)), and the fish is absent in
those reaches. As an example, Miller and Hubbs (1960) indicated that
Virgin spinedace were once found in upper Beaver Dam Wash, where
Schroeder Reservoir is now located; subsequent surveys failed to
produce any Virgin spinedace (Cross 1975; Hardy and Addley 1993). The
amounts of stream habitats that are negatively impacted by reservoir
construction and operation is greater than the actual amount which is
inundated. However, in the absence of pre- and post-impoundment
studies, habitat alteration above and below these four reservoirs
(i.e., introduction of nonnative fishes, quality and quantity of water,
siltation, changes in velocity, vegetation, dissolved oxygen, etc.)
cannot be effectively measured. The stocking of these four reservoirs
with predaceous, non-native game fishes may have resulted in the Virgin
spinedace's decline through predation and competition.
B. Overutilization for commercial, recreational, scientific, or
educational purposes. Overutilization is not recorded as a factor in
the continued decline of Virgin spinedace populations. Once Virgin
spinedace were used as a bait fish in the lower Colorado River (Miller
1952), but this is no longer the case. There is no indication that
recent research studies (Valdez 1991; Hardy and Addley 1993) have
negatively impacted Virgin spinedace populations.
C. Disease or predation. The introduction of nonnative fishes into
the Virgin River system has been identified as contributing to the
decline of native fish populations in the Virgin River (Hardy 1991;
U.S. Fish and Wildlife Service 1993). Espinosa and Deacon (1973)
documented that largemouth bass (Micropterus salmoides) selectively
prey on Virgin spinedace. Largemouth bass, brown trout (Salmo trutta),
and rainbow trout (Onchorhynchus mykiss) are stocked into reservoirs
and ponds within the Virgin River drainage (Valdez et al. 1991). These
predatory fish can migrate out of reservoirs and into Virgin spinedace
habitat, effectively rendering such habitat inhospitable to Virgin
spinedace survival. Hardy and Addley (1993) stated that rainbow trout
immediately below Schroeder Reservoir (Beaver Dam Wash) probably
prevent the upstream migration and recolonization of that reach by
Virgin spinedace. The same authors suggest that crayfish (Astacidae)
and red shiner (Notropis lutrensis) prey on larval and young-of-year
lifestages in the lower reaches of several tributaries, thereby
reducing survival and recruitment of the Virgin spinedace, as well as
other native fishes.
The red shiner, a nonnative species in the Virgin River system, is
considered a primary cause of the decline in endangered woundfin
populations due to an increased competition for food and space, and
possibly due to its predation (U.S. Fish and Wildlife Service 1993).
The Service believes that this nonnative species has a similar effect
on the Virgin spinedace. Another introduced species, the redside shiner
(Richardsonius balteatus), was once considered a threat to Virgin
spinedace by Rinne (1971) and Cross (1975), but its numbers have
declined significantly (Valdez et al. 1991). There is no indication of
competition between Virgin spinedace and other native species in the
Virgin River drainage.
Asian tape worm (Bothriocephalus acheilognathi) arrived in the
Virgin River system with the red shiner in 1986. It is known to weaken
fish that it infests. Although this parasite does not appear to cause
significant reductions of Virgin spinedace by itself, it probably has a
significant adverse effect on Virgin spinedace when coupled with other
stressful environmental conditions, such as low water levels.
Additionally, Hardy and Addley (1993) reported finding Virgin spinedace
infested with an unknown parasite in the Ash Creek drainage. They were
unable to determine the effect of this parasite on the Virgin
spinedace.
D. Inadequacy of existing regulatory mechanisms. The Virgin River
basin is a complex mosaic of ownership. Lands in the Virgin River
drainage are administered by the Bureau of Land Management; National
Park Service; U.S. Forest Service; Paiute Indian Tribe; States of Utah,
Nevada, and Arizona; and private land owners. About 54 percent of the
land along the Virgin River is privately owned. The State of Utah owns
four small parcels of land with river frontage. The Paiute Indian Tribe
manages about seven miles of the Santa Clara River within historical
Virgin spinedace habitat, and the Federal government manages the
remaining 38 percent of land bordering Virgin spinedace habitat.
The Virgin spinedace is listed as a protected species by the State
of Utah. The State of Utah protects species from direct take, but it
does not have the authority to adequately protect the species' habitat
throughout its range in Utah. Also, impacts are difficult to monitor
and protection for the Virgin spinedace is difficult to enforce. The
State of Nevada has enacted similar regulations prohibiting the illegal
take of Virgin spinedace. No protection is provided for the Virgin
spinedace in Arizona. Due to continuing habitat destruction, the
present level of protection for the Virgin spinedace is judged
inadequate to prevent the species from becoming endangered and
eventually extinct.
E. Other natural or human caused factors affecting its continued
existence. Drought can directly impact Virgin spinedace habitat due to
dewatering of some stream reaches, limiting the usable habitat and
isolating individual populations. Many of the tributaries in the Virgin
River drainage have intermittent flows that disappear during drought
years. Although drought is a naturally occurring phenomenon,
historically, fish could follow the receding water conditions. Because
artificial barriers now exist, some fish can no longer retreat to areas
with sufficient water. Because of these barriers, some populations of
Virgin spinedace could become stranded and eventually lost during
drought periods. Natural recolonization of these lost populations is
unlikely because fish are unable to access those areas lost to drought.
In areas of reduced flows Virgin spinedace could be limited to
suboptimal habitat, and increasing exposure to other mortality factors,
such as predators and competition from other fish species.
In addition to the direct effects, drought can also indirectly
affect the continued existence of the Virgin spinedace. Stream reaches
that contain minimum flows for Virgin spinedace under natural
conditions can become completely dewatered during a drought because of
intensified agricultural diversions for crops or municipal uses. When
these factors exist in combination, greater habitat loss occurs on a
more frequent basis than would occur under drought conditions alone.
Pollution is a potential problem for all native species within the
Virgin River Basin. Return flows from municipal drains and agriculture
often make up a significant portion of a stream's total flow. Water
from agriculture is often contaminated with pesticides or herbicides.
Cattle also pollute streams with their waste and through erosion and
increased siltation. Low flows, caused naturally or by diversions,
increase the impact mineral springs have on the chemical composition of
the water.
Mining activities near streams may be contaminating water in the
Virgin River Basin. Valdez et al. (1991) identified two reaches of
Virgin spinedace habitat which are threatened by contamination from
mining activities: Beaver Dam Wash and Moody Wash. Cyanide
contamination in Beaver Dam Wash from a gold mine on the East Fork is
being studied to determine its effects. Changes in water quality from
contamination sources, such as agriculture and mining, could negatively
impact Virgin spinedace habitat, rendering whole reaches uninhabitable.
The Service has carefully assessed the best scientific and
commercial information available regarding the past, present, and
future threats to the Virgin spinedace in determining to propose this
rule. Based on this evaluation, the preferred action is to list the
Virgin spinedace as a threatened species. The Service has determined
that the Virgin spinedace is not in danger of extinction throughout all
or a significant portion of its range and therefore does not meet the
requirements to be listed as endangered, but the fish is likely to
become an endangered species in the foreseeable future if the present
threats and declines continue.
Fragmentation of the existing Virgin spinedace habitat, and
degradation and loss of habitat have severely impacted the Virgin
spinedace. The most recent studies indicate about a 40 percent decline
in Virgin spinedace habitat from its historic range (Valdez et al.
1991). The degree of current and future threats to Virgin spinedace
habitat, in the form of continued mining, nonnative fishes, dewatering,
livestock impacts, and proposed water development projects, remains
high. Continued fragmentation of the remaining habitat could lead to
loss of genetic and population viability. The Virgin spinedace is
highly susceptible to additional habitat losses and population
declines.
The Service listed the Big Spring spinedace as threatened in 1985
(50 FR 12302) under the provisions of section 3(15) of the Act, which
provides for the listing of subspecies. This proposal to list the
Virgin spinedace as threatened would, if finalized, result in the
listing of the only remaining subspecies and would have the effect of
listing the entire species.
Critical Habitat
Section 4(a)(3) of the Act, as amended, requires that, to the
maximum extent prudent and determinable, the Secretary designate
critical habitat at the time a species is determined to be endangered
or threatened. The Service finds that designation of critical habitat
is not prudent for the Virgin spinedace at this time. Service
regulations (50 CFR 424.12(a)(1)) state that designation of critical
habitat is not prudent when one or both of the following situations
exist--(1) The species is threatened by taking or other human activity,
and identification of critical habitat can be expected to increase the
degree of threat to the species, or (2) such designation of critical
habitat would not be beneficial to the species. The Service believes
that designation of critical habitat concurrently with the listing
might provide some benefit to the Virgin spinedace; however, the
Service believes that net benefit to the species would be greater if
critical habitat is designated on a multi-species basis.
The Service believes that simultaneous critical habitat designation
for the Virgin spinedace, the endangered woundfin and the endangered
Virgin River chub (Gila robusta seminuda) based on an aquatic ecosystem
approach would provide the greater benefit for these species than if
done with three separate rules. A simultaneous designation of critical
habitat for all three species will result in a more thorough analysis
of the aquatic ecosystem and the species' interactive habitat
requirements. There are many similarities among the three species, and
their historical ranges overlap. Threats to the Virgin spinedace,
including water resources development, non-native species, stream
erosion, and livestock impacts, also negatively impact woundfin and
Virgin River chub and should be studied together. The economic
consequences of designating particular reaches as critical habitat will
also be similar for all three species. By designating critical habitat
on a multi-species basis, the Service can more efficiently and
effectively address biological needs of the fishes and economic impacts
of the proposed designation. Rather than risk foregoing the benefits of
an ecosystem approach, the Service finds it is not now prudent to
designate critical habitat.
Although the Service does not propose to designate critical habitat
at this time, the Service will propose critical habitat for this and
the other listed Virgin River species before publishing the final
determination to list the Virgin spinedace. To do this, the Service
intends to publish a proposed rule in the Federal Register for the
critical habitat designation, open a public comment period, hold public
hearings, and request comments from all interested parties on the
proposed critical habitat designation. After the public comment period
has expired, the Service will review the public input, consider any
areas recommended for exclusion, and publish the final critical habitat
designation.
Available Conservation Measures
Conservation measures provided to species listed as endangered or
threatened under the Act include recognition, recovery actions,
requirements for Federal protection, and prohibitions against certain
practices. Recognition through listing results in public awareness and
conservation actions by Federal, State, and private agencies, groups,
and individuals. The Act provides for possible land acquisition and
cooperation with the States and requires that recovery actions be
carried out for all listed species. The protection required of Federal
agencies and the prohibitions against taking and harm are discussed, in
part, below.
Section 7(a) of the Act, as amended, requires Federal agencies to
evaluate their actions with respect to any species that is proposed or
listed as endangered or threatened and with respect to its critical
habitat, if any is being designated. Regulations implementing this
interagency cooperation provision of the Act are codified at 50 CFR
part 402. Section 7(a)(4) requires Federal agencies to confer
informally with the Service on any action that is likely to jeopardize
the continued existence of a proposed species or result in destruction
or adverse modification of proposed critical habitat. If a species is
listed subsequently, section 7(a)(2) requires Federal agencies to
insure that activities they authorize, fund, or carry out are not
likely to jeopardize the continued existence of such a species or to
destroy or adversely modify its critical habitat. If a Federal action
may affect a listed species or its critical habitat, the responsible
Federal agency must enter into formal consultation with the Service.
Portions of the Virgin River and its tributaries flow through
federally owned lands. Many of the proposed water development projects
in the Virgin River Basin are under the jurisdiction of the Bureau of
Land Management, the National Park Service, or the U.S. Forest Service.
Furthermore, most construction and alteration activities in the Virgin
River or its tributaries require an authorizing permit from the Army
Corps of Engineers under section 404 of the Clean Water Act. Activities
of these agencies that may affect the Virgin spinedace may be affected
by this proposal. In addition, federally funded, authorized, or
constructed flood control, agricultural, reservoir construction,
channelization, and highway or bridge construction projects might also
be affected by this proposal.
The Act and its implementing regulations found at 50 CFR 17.21 and
17.31 set forth a series of general prohibitions and exceptions that
apply to all threatened wildlife. These prohibitions, in part, make it
illegal for any person subject to the jurisdiction of the United States
to take (includes harass, harm, pursue, hunt, shoot, wound, kill, trap,
or collect; or to attempt any of these), import or export, ship in
interstate commerce in the course of commercial activity, or sell or
offer for sale in interstate or foreign commerce any listed species. It
also is illegal to possess, sell, deliver, carry, transport, or ship
any such wildlife that has been taken illegally. Certain exceptions
apply to agents of the Service and State conservation agencies.
Permits may be issued to carry out otherwise prohibited activities
involving threatened wildlife species under certain circumstances.
Regulations governing permits are at 50 CFR 17.32. Such permits are
available for scientific purposes, to enhance the propagation or
survival of the species, and/or for incidental take in connection with
otherwise lawful activities. For threatened species, there are also
permits for zoological exhibition, educational purposes, or special
purposes consistent with the purposes of the Act. Requests for
information on permits should be addressed to the Office of Management
Authority, U.S. Fish and Wildlife Service, 4401 North Fairfax Drive,
Room 420-ARLSQ, Arlington, Virginia 22203-3507 (703/358-2171).
Public Comments Solicited
The Service intends that any final action resulting from this
proposal will be as accurate and as effective as possible. Therefore,
comments or suggestions from the public, other concerned governmental
agencies, the scientific community, industry, or any other interested
party concerning this proposed rule are hereby solicited. Comments
particularly are sought concerning:
(1) Biological, commercial trade, or other relevant data concerning
any threat (or lack thereof) to this species;
(2) The location of any additional populations of this species and
the reasons why any habitat should or should not be determined to be
critical habitat as provided by section 4 of the Act;
(3) Additional information concerning the range, distribution, and
population size of this species; and
(4) Current or planned activities in the subject area and their
possible impacts on this species.
Any final decision on this proposal will take into consideration
the comments and any additional information received by the Service,
and such communications may lead to a final regulation that differs
from this proposal.
The Act provides for a public hearing on this proposal, if
requested. Requests must be received within 45 days of the date of
publication of the proposal. Such requests must be made in writing and
addressed to the Utah Field Supervisor, see ADDRESSES above.
National Environmental Policy Act
The Fish and Wildlife Service has determined that an Environmental
Assessment, as defined under the authority of the National
Environmental Policy Act of 1969, need not be prepared in connection
with regulations adopted pursuant to section 4(a) of the Endangered
Species Act of 1973, as amended. A notice outlining the Service's
reasons for this determination was published in the Federal Register on
October 25, 1983 (48 FR 49244).
References Cited
A complete list of all references cited is available upon request
from the Salt Lake City Field Office (see ADDRESSES above).
Author
The primary author of this proposed rule is Kristiana M. Young,
Utah Field Office (see ADDRESSES above), telephone 801/975-3630. Harold
M. Tyus, Denver Regional Office, served as editor.
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Proposed Regulation Promulgation
Accordingly, the Service hereby proposes to amend part 17,
Subchapter B of chapter I, title 50 of the Code of Federal Regulations,
as set forth below:
PART 17--[AMENDED]
1. The authority citation for Part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.
4201-4245; Pub. L. 99-625, 100 Stat. 3500, unless otherwise noted.
2. Section 17.11(h) is amended by revising the entry for Lepidomeda
mollispinis pratensis under the family Cyprinidae under FISHES to read
as follows:
Sec. 17.11 Endangered and threatened wildlife.
* * * * *
(h) * * *
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Species Vertebrate population
---------------------------------------------------- Historic range where endangered or Status When listed Critical Special
Common name Scientific name threatened habitat rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Fishes
* * * * * * *
Spinedace, Virgin........ Lepidomeda mollispinis.. U.S.A. (AZ, NV, UT)..... Entire.................. T 173,______ NA NA
* * * * * * *
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Dated: May 2, 1994.
Mollie H. Beattie
Director, U.S. Fish and Wildlife Service.
[FR Doc. 94-11993 Filed 50-17-94; 8:45 am]
BILLING CODE 4310-55-P