[Federal Register Volume 59, Number 117 (Monday, June 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14870]


[[Page Unknown]]

[Federal Register: June 20, 1994]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

 

Notice of Availability of Draft Modifications to the Recovery 
Action Plan for the Recovery Implementation Program for the Endangered 
Fish Species in the Upper Colorado River Basin

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of document availability.

-----------------------------------------------------------------------

SUMMARY: The U.S. Fish and Wildlife Service (Service) announces the 
availability for public review of draft modifications to the Recovery 
Implementation Program Recovery Action Plan (RIPRAP) dated October 15, 
1993. The RIPRAP identifies specific actions and timeframes currently 
believed to be necessary to recover the endangered fish in the most 
expeditious manner possible in the Upper Colorado River Basin (Upper 
Basin). The Upper Basin is defined as the Colorado River drainage 
upstream of Lake Powell, with the exception of the San Juan River 
drainage. The RIPRAP will serve as a measure of accomplishment so the 
Recovery Program can continue to serve as the reasonable and prudent 
alternative to avoid the likelihood of jeopardy to the continued 
existence of the endangered fish for projects undergoing section 7 
consultations. Critical habitat for the endangered fish was formally 
designated on April 20, 1994. The Recovery Program is also intended to 
serve as the reasonable and prudent alternative to avoid the likely 
destruction or adverse modification of critical habitat. Therefore, 
modifications to the RIPRAP are being proposed so the Recovery Program 
can serve as the reasonable and prudent alternative to avoid adverse 
modification to critical habitat as well as to avoid the likelihood of 
jeopardy resulting from depletion impacts of new projects and all 
existing or past impacts related to historic water projects with the 
exception of the discharge by historic projects of pollutants such as 
trace elements, heavy metals, and pesticides. The proposed 
modifications were developed by FWS in coordination with the Recovery 
Program's Management Committee. The Service solicits review and comment 
from the public on the draft changes to the RIPRAP.

DATES: Comments on the revised RIPRAP must be received on or before 
August 4, 1994.

ADDRESSES: Persons wishing to review the draft RPRAP modifications may 
obtain copies by contacting the Assistant Regional Director--Ecological 
Services U.S. Fish and Wildlife Service, P.O. Box 25486, Denver Federal 
Center, Denver, Colorado 80225; FAX (303) 236-0027. Written comments 
should be sent to the address given above. Comments received are 
available upon request for public inspection, by appointment, during 
normal business hours at the above address.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Jacobsen (see above 
address), telephone (303) 236-8189.

SUPPLEMENTARY INFORMATION:

Background

    Four native fish species that inhabit the Colorado River Basin are 
federally listed as endangered: the Colorado sqawfish (Ptychocheilus 
lucius), humpback chub (Gila cypha), bonytail (Gila elegans), and 
razorback sucker (Xyrauchen texanus). Each of these four species was 
once abundant in the Upper Basin; however, they have declined in 
numbers and are now threatened with extinction from their natural 
habitat. Factors accounting for the current status of these species 
include direct loss of habitat, changes in water flow and temperature 
regimes, blockage of migration routes, and interactions with introduced 
(nonnative) fish species. The Fish and Wildlife Service (Service) has 
maintained since 1978 that a jeopardy situation exists in the upper 
Colorado River basin and that actions must be taken to reverse the 
decline of endangered fish populations and habitat. The Service has 
described this conclusion through section 7 of the Endangered Species 
Act (Act) in over 224 biological opinions on project impacts on the 
endangered fish in the Upper Basin.
    In 1988, the Governors of Colorado, Utah, and Wyoming, the 
Secretary of the Interior, and the Administrator of the Western Area 
Power Administration entered into a cooperative agreement to implement 
the Recovery Implementation Program for Endangered Fish Species in the 
Upper Colorado River Basin (Recovery Program). The purpose of the 
Recovery Program is to recover the four endangered fish in the Upper 
Colorado River Basin while providing for future water development to 
proceed in compliance with the Endangered Species Act, Interstate 
Compacts, and State law. Participants in the Recovery Program include 
the Service, the Bureau of Reclamation, the States of Utah, Wyoming, 
and Colorado, the Western Area Power Administration (Western), and 
representatives of the water development interests and conservation 
groups. The Colorado River Energy Distributors Association is a 
nonvoting member of the Recovery Program. The ultimate goal of the 
Recovery Program is to recover and delist the endangered fishes in the 
Upper Basin by restoring and establishing self-sustaining populations 
and protecting sufficient habitat to support these populations.
    The Recovery Program also outlines procedures for section 7 
consultations. the Service raised an issue with the Recovery Program 
participants as to whether progress toward recovery of the fish has 
been sufficient to allow for the continued issuance of favorable 
biological opinions. Discussions among the Recovery Program 
participants resulted in an agreement, which was finalized on October 
15, 1993, that clarified how section 7 consultations would be conducted 
on depletion impacts related to new projects and impacts associated 
with historic projects (existing projects requiring a new Federal 
action) in the Upper Basin. The Recovery Implementation Program 
Recovery Action Plan (RIPRAP) was developed by the Recovery Program 
participants using the best information available and the recovery 
goals established for the four endangered fish species. It identifies 
specific actions and timeframes currently believed to be required to 
recover the endangered fish in the most expeditious manner possible in 
the Upper Basin. The RIPRAP also serves as a measure of accomplishment 
so the Recovery Program can continue to serve as the reasonable and 
prudent alternative to avoid the likelihood of jeopardy to the 
continued existence of the endangered fishes for projects undergoing 
section 7 consultations. The Service also intends that the Recovery 
Program will serve as the reasonable and prudent alternative which 
avoids the likely destruction or adverse modification of critical 
habitat. The final rule determining critical habitat for the endangered 
fishes was published in the Federal Register on March 21, 1994, and the 
final designation became effective on April 20, 1994. The proposed 
changes continued in the modified RIPRAP are designed to fulfill such 
intent.
    Destruction or adverse modification of critical habitat is defined 
at 50 CFR 402.02 as a direct or indirect alternation that appreciably 
diminishes the value of critical habitat for both the survival and 
recovery of a listed species. Section 7 consultation is initiated by a 
Federal Agency when its action may affect critical habitat by impacting 
any of the primary constituent elements or reduce the potential of 
critical habitat to develop those elements. The Primary constituent 
elements determined necessary for survival and recovery of the four 
Colorado River endangered fishes include, but are not limited to, 
water, physical habitat, and biological environment as defined in the 
final rule.
    Many of the specific actions in the existing RIPRAP not only 
contribute to allowing the Recovery Program to continue to serve as the 
reasonable and prudent alternative to avoid the likelihood of jeopardy 
to the continued existence of the endangered fishes, but also will 
avoid the likely destruction or adverse modification of critical 
habitat for the endangered fishes. Therefore, the proposed additions 
and changes to the RIPRAP which the Service believes are necessary for 
the Recovery Program to continue to serve as the reasonable and prudent 
alternative for projects undergoing section 7 consultations are not 
extensive. The proposed modifications are primarily intended to provide 
further definition to already identified recovery actions in the RIPRAP 
and to provide increased certainty that the Recovery Program can 
continue to serve as the reasonable and prudent alternative for 
projects subject to section 7 consultations.

National Environmental Policy Act (NEPA)

    A programmatic Environmental Assessment was completed on the 
Recovery Program in November 1987. The Environmental Assessment 
provides an analysis and assessment of the impacts to the environment 
from Recovery Program implementation. The October 1993 Agreement and 
RIPRAP, including the proposed changes, identify in more detail how the 
Recovery Program will be carried out. Appropriate site specific NEPA 
compliance will be conducted on specific actions identified in the 
RIPRAP.

Public Comment Solicited

    The Service solicits written comments on the proposed RIPRAP 
modifications. All comments received by the date specified in the DATES 
section above will be considered prior to approval of the RIPRAP 
modifications.

Author

    This notice was prepared by Jim Lutey and John Hamill, U.S. Fish 
and Wildlife Service, P.O. Box 25486, Denver Federal Center, Denver, 
Colorado 80225.

    Authority: The Authority for this action is the Endangered 
Species Act of 1973, as amended.

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Reporting and 
record keeping requirements, and Transportation.

    Dated: June 10, 1994.
Susan E. Baker,
Acting Regional Director, Fish and Wildlife Service.
[FR Doc. 94-14870 Filed 6-17-94; 8:45 am]
BILLING CODE 4310-55-M