[Federal Register Volume 59, Number 125 (Thursday, June 30, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-15850] [[Page Unknown]] [Federal Register: June 30, 1994] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 RIN 1018-AC53 Endangered and Threatened Wildlife and Plants; Extension of Comment Period and Notice of Public Hearing on Proposed Threatened Status for the Virgin Spinedace (Lepidomeda Mollispinis Mollispinis) AGENCY: Fish and Wildlife Service, Interior. ACTION: Proposed rule; notice of public hearing and extension of comment period. ----------------------------------------------------------------------- SUMMARY: The Fish and Wildlife Service (Service) provides notice that a public hearing will be held on the proposed determination of threatened status for the Virgin spinedace (Lepidomeda mollispinis mollispinis) and that the comment period on the proposal is extended. This small fish in the minnow family (Cyprinidae) is endemic to the Virgin River drainage, a tributary to the Colorado River of southwestern Utah, northwestern Arizona, and southeastern Nevada. All interested parties are invited to submit comments on this proposal. DATES: The public hearing will be held from 4 p.m. to 6 p.m. and 7 p.m. to 9 p.m., with registration beginning at 3:30 p.m., on Wednesday, July 13, 1994. The comment period, which originally closed on July 18, 1994, now closes on August 17, 1994. ADDRESSES: The public hearing will be held at the St. George Hilton Inn, 1450 South Hilton Drive, St. George, Utah. The hearing will be held in the Garden Room of the hotel. Written comments and materials should be sent to the Field Supervisor, Fish and Wildlife Service, Suite 404, Lincoln Plaza, 145 East 1300 South, Salt Lake City, Utah 84115. Comments and materials received will be available for public inspection, by appointment, during normal business hours, at the above address. FOR FURTHER INFORMATION CONTACT: Robert D. Williams, Assistant Field Supervisor, telephone 801/524-5001 (See ADDRESSES Section). 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. Approximately 40 percent of the historical habitat of the Virgin spinedace 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. Listing this species as threatened would afford the Virgin spinedace protection under the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). On May 18, 1994, the Fish and Wildlife Service (Service) published a proposed rule (59 FR 25875) to list the Virgin spinedace as threatened under the Act. Section 4(b)(5)(E) of the Act requires that a public hearing be held if requested within 45 days of publication of the proposal in the Federal Register. A public hearing request was received within the allotted time period from Ronald W. Thompson, District Manager, St. George, Utah, representing the Washington County Water Conservancy District. The Service has scheduled this hearing on Wednesday, July 13, 1994, from 4 p.m. to 6 p.m. and 7 p.m. to 9 p.m., with registration beginning at 3:30 p.m. mountain daylight time (see ADDRESSES above). Anyone wishing to make an oral statement for the record is encouraged to provide a written copy of their statement to be presented to the Service at the start of the hearing. In the event there is a large attendance, the time allotted for oral statements may have to be limited. An adjacent room also will be provided for those who wish to ask questions and to obtain additional information during and after the formal hearing. Oral and written statements concerning the proposed rule that are presented at the hearing will receive equal consideration by the Service. There are no limits to the length of written comments presented at this hearing or mailed to the service. 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. Legal notices and news releases announcing the date, time, and location of the hearing are being published in newspapers concurrently with this Federal Register notice. The comment period on the proposal originally closed on July 18, 1994. In order to accommodate the hearing, the Service hereby extends the comment period until August 17, 1994. Written comments may now be submitted to the Service office identified in the ADDRESSES section, however, all comments must be received before the close of the comment period to be considered. The Service stated in the proposed rule (59 FR 25875) that critical habitat will be proposed for the Virgin spinedace and the other listed Virgin River species before publishing a final determination to list the Virgin spinedace only, this could have a negative impact on the Virgin spinedace. Section 7 of the Act requires that: ``Each Federal agency shall * * * insure that any action authorized, funded, or carried out by such agency * * * is not likely to jeopardize the continued existence of any endangered species or result in the destruction or adverse modification of habitat of such species which is determined * * * to be critical, unless such agency has been granted an exemption for such action * * *.'' The Virgin spinedace presently occupies areas of the Virgin River drainage that overlap or are upstream of areas occupied by the endangered Virgin River chub (Gila robusta seminuda) and woundfin (Plagopterus argentissimus). Because these species occur in such close proximity and they, in part, share common resources, the Service finds that critical habitat must be determined only on a multispecies level using an ecosystem approach. If critical habitat and its constituent elements were determined for the Virgin spinedace only, this could have a negative impact on the Virgin River chub and woundfin minnow. Therefore, in the case of the Virgin River fishes, it would not be prudent to designate critical habitat for a single species. At this time, the Service is seeking comments related to the proposed listing of the Virgin spinedace. At a later date, the Service will publish a proposed rule for determining critical habitat for the Virgin River fishes, and additional comments concerning its multispecies approach to endangered species conservation for the Virgin River will be sought. After the proposed rule for critical habitat is published in the Federal Register, the Service will 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, make a final critical habitat designation, and publish the critical habitat designation. Authors The primary authors of the notice are Janet Mizzi, Utah Field Office (see ADDRESSES above), telephone 801/524-5001, and Harold Tyus, Denver Regional Office. Authority Authority for this action is the Endangered species Act of 1973 (16 U.S.C. 1531 et seq.). Dated: June 20, 1994. Robert D. Jacobsen, Acting Regional Director, Region 6, Denver, Colorado. [FR Doc. 94-15850 Filed 6-29-94; 8:45 am] BILLING CODE 4310-55-M