[Federal Register Volume 59, Number 131 (Monday, July 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-16642]


[[Page Unknown]]

[Federal Register: July 11, 1994]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

 

Endangered and Threatened Wildlife and Plants; Notice of 90-Day 
and 12-Month Findings on a Petition to Reclassify Spikedace (Meda 
Fulgida) and Loach Minnow (Tiaroga Cobitis) From Threatened to 
Endangered

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of petition findings.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) announces 90-day 
and 12-month findings for a petition to amend the List of Endangered 
and Threatened Wildlife and Plants. The Service finds that the 
petitioners have presented substantial information indicating 
reclassification of spikedace and loach minnow from threatened to 
endangered may be warranted. The Service has previously found that 
reclassification of spikedace and loach minnow is warranted, but is 
precluded by work on other pending listing actions of higher priority 
on which expeditious progress is being made.

DATES: The findings announced in this document were made on June 30, 
1994. Comments and materials may be submitted until further notice.

ADDRESSES: Information, comments, or questions concerning the 
petitioned actions may be submitted to the State Supervisor, Arizona 
Ecological Services State Office, U.S. Fish and Wildlife Service, 3616 
West Thomas Road, Suite 6, Phoenix, Arizona 85109. The petitions, 
findings, supporting information, and comments will be available for 
public inspection, by appointment, during normal business hours at the 
above address.

FOR FURTHER INFORMATION CONTACT: Sally Stefferud at the above address 
(Telephone 602/379-4720).

SUPPLEMENTARY INFORMATION:

Background

    Section 4(b)(3)(A) of the Endangered Species Act of 1973, as 
amended (Act) (16 U.S.C. 1531 et seq.), requires the Service to make a 
finding on whether a petition to list, delist, or reclassify a species 
presents substantial scientific or commercial information to indicate 
that the petitioned action may be warranted. To the maximum extent 
practicable, this finding is to be made within 90 days of receipt of 
the petition, and notice of the finding is to be published promptly in 
the Federal Register. If the finding is positive, the Service is also 
required to promptly commence a status review of the species involved. 
Section 4(b)(3)(B) requires that the Service make a further finding as 
to whether or not a petition presenting substantial information in 
support of listing, delisting, or reclassification of a species is (i) 
warranted, (ii) not warranted, or (iii) warranted but precluded by work 
on other pending listing actions of higher priority on which 
expeditious progress is being made. This finding is to be made within 
12 months of receipt of the petition. Depending upon the conclusion of 
the finding, the Service must promptly publish in the Federal Register 
either a notice of the finding or a proposal on the petitioned action.
    On September 22, 1993, the Department of the Interior received a 
petition, dated September 17, 1993, from David Hogan, Silver City, New 
Mexico; Peter Galvin, Silver City, New Mexico; the Greater Gila 
Biodiversity Project, Silver City, New Mexico; the Southwest Center for 
Biological Diversity, Phoenix, Arizona; and the Biodiversity Legal 
Foundation, Boulder, Colorado. The petitioners requested the Service to 
reclassify the spikedace (Meda fulgida) and loach minnow (Tiaroga 
cobitis), from threatened to endangered. On November 10, 1993, the 
Service informed the petitioners that their correspondence had been 
accepted as a valid petition.
    These 90-day and 12-month findings are based on published and 
unpublished biological and commercial information, inter- and intra-
agency communications, and communications with experts. All information 
used in these findings is on file in the Service's Arizona Ecological 
Services State Office in Phoenix.
    Spikedace and loach minnow are two small minnows which inhabit 
isolated stretches of stream in the upper reaches of the Gila River 
basin in Arizona and New Mexico (Minckley 1973, Propst et al. 1986, 
Propst et al. 1988, Propst and Bestgen 1991, Rinne 1991). Their 
historic range included most of the Gila River basin; however, both 
species have undergone dramatic declines since the late 1800's. These 
declines were due to water developments such as impoundment, diversion, 
channelization, and groundwater pumping; to watershed degradation and 
erosion caused by activities such as livestock grazing, timber harvest, 
road building, and recreation; and to effects of the introduction and 
spread of nonnative fish species. Both species live in relatively fast 
flowing water in perennial stream stretches.
    Spikedace are presently known only from isolated stretches of the 
Gila River, Grant and Catron Counties, New Mexico; Aravaipa Creek, 
Graham and Pinal Counties, Arizona; Eagle Creek, Greenlee County, 
Arizona; and the Verde River, Yavapai County, Arizona. Loach minnow are 
presently known only from isolated stretches of the Gila River, Grant 
and Catron Counties, New Mexico; Aravaipa Creek, Graham and Pinal 
Counties, Arizona; the East Fork and mainstem White Rivers, Navajo and 
Gila Counties, Arizona; the San Francisco and Tularosa Rivers and Dry 
Blue Creek, Catron County, New Mexico; and the Blue and San Francisco 
Rivers and Campbell Blue Creek, Greenlee County, Arizona.
    The spikedace was listed as a threatened species on July 1, 1986, 
and the loach minnow was listed as a threatened species on October 28, 
1986. Critical habitat was designated for both species on March 8, 
1994. A threatened species is defined by the Act as a species ``which 
is likely to become an endangered species within the foreseeable future 
throughout all or a significant portion of its range.'' An endangered 
species is defined by the Act as one ``which is in danger of extinction 
throughout all or a significant portion of its range.''
    In 1991, the status of spikedace and loach minnow were reviewed as 
part of the 5-year review of the status of listed species as required 
by section 4(c)(2) of the Act. That review showed that the status of 
the two species had become more precarious over the previous five years 
due to substantial increases in threats. As a result, the Service found 
that both species met the requirements for endangered status. The 
Desert Fishes Recovery Team and the Arizona Game and Fish Department 
have recommended reclassification to endangered for both species.
    At the same time that threats to the species are increasing, new 
genetic information suggests a need to preserve each of the fragmented 
populations of spikedace and loach minnow in order to maintain as much 
genetic diversity in the species as possible (Tibbets 1992). Four of 
the five remaining loach minnow populations have been subjected to 
genetic analyses and each appears to be distinctive. Genetic analyses 
on the four remaining spikedace populations indicate that each of the 
four populations is quite different, with the Verde River population 
being most distinct.

Petition Findings

    After reviewing the petition and all other pertinent information, 
the Service finds that the petition presents substantial information to 
indicate that reclassification to endangered may be warranted for 
spikedace and loach minnow. A positive 90-day finding generally 
requires that a status review be conducted on the petitioned species. 
However, as previously mentioned, a status review was conducted in 
1991, resulting in a finding that endangered status is appropriate, but 
that higher-priority listing actions precluded the rulemaking process 
to reclassify the species.
    Benefits to the spikedace and loach minnow from reclassification to 
endangered status would include recognition of the more precarious 
status of the species and increased penalties for conducting activities 
prohibited under section 9 of the Act. However, these benefits would be 
incremental to the protection under the Act already applied to these 
threatened species. This incremental protective increase is of lesser 
priority than providing protection to species with no current legal 
protection under the Act.
    After reviewing all available scientific and commercial information 
on the spikedace and loach minnow and their status and after 
consideration of other listing actions and their priorities, the 
Service finds that the reclassification of spikedace and loach minnow 
to endangered is warranted, but is precluded by work on pending listing 
actions of higher priority on which expeditious progress is being made.

References Cited

Minckley, W.L. 1973. Fishes of Arizona. Arizona Game and Fish 
Department. Phoenix, AZ. 293 pp.
Propst, D.L. and K.R. Bestgen. 1991. Habitat and biology of the loach 
minnow. Copeia 1991(1):29-38.
Propst, D.L., K.R. Bestgen, and C.W. Painter. 1986. Distribution, 
status, biology, and conservation of the spikedace (Meda fulgida) in 
New Mexico. U.S. Fish and Wildlife Service Endangered Species Report 
No. 15. 93 pp.
Propst, D.L., K.R. Bestgen, and C.W. Painter. 1988. Distribution, 
status, biology, and conservation of the loach minnow, Tiaroga cobitis 
Girard, in New Mexico. U.S. Fish and Wildlife Service Endangered 
Species Report No. 17. 75 pp.
Rinne, J.N. 1991. Habitat use by spikedace, Meda fulgida (Pisces: 
Cyprinidae) in southwestern streams with reference to probable habitat 
competition by red shiner, Notropis lutrensis (Pisces:Cyprinidae). 
Southwestern Naturalist 37(2):117-125.
Tibbets, C.A. 1992. Allozyme variation in populations of the spikedace 
(Meda fulgida) and the loach minnow (Tiaroga cobitis). Proceedings of 
the Desert Fishes Council 24:37.

Author

    The primary author of this document is Sally Stefferud of the 
Arizona Ecological Services State Office, Phoenix (see ADDRESSES 
section).

    Authority: The authority for this action is 16 U.S.C. 1531-1544.

    Dated: June 30, 1994.
Mollie H. Beattie,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 94-16642 Filed 7-8-94; 8:45 am]
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