[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]


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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; 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.

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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