[Federal Register Volume 60, Number 218 (Monday, November 13, 1995)]
[Proposed Rules]
[Pages 56976-56977]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-27961]



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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17


Endangered and Threatened Wildlife and Plants; Notice of 
Extension of Comment Period on Reports and Other Data Pertaining to the 
Listing of the Bruneau Hot Springsnail

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of extension of public comment period.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) gives notice that 
the comment period on reports and other data pertaining to the listing 
of the Bruneau hot springsnail (Pyrgulopsis bruneauensis) is extended. 
The notice of availability opening the public comment period was 
published on September 12, 1995 (60 FR 47339), which opened the comment 
period until November 13, 1995. This document extends the comment 
period until December 15, 1995.

DATES: The comment period is extended until December 15, 1995. Any 
comments and materials received by the closing date will be considered 
in the final determination.

ADDRESSES: Comments and materials concerning the reports and other 
information pertaining to the listing of the Bruneau hot springsnail 
should be submitted to the U.S. Fish and Wildlife Service, Snake River 
Basin Office, 4696 Overland Road, Room 576, Boise, Idaho 83705. Reports 
and other data cited in this notice, and public comments and other 
materials received will be available for public inspection during 
normal business hours at the above address.

FOR FURTHER INFORMATION CONTACT:
Robert Ruesink, Supervisor, at the address listed above (telephone 208/
334-1931, facsimile 208/334-9493).

SUPPLEMENTARY INFORMATION:

Background

    On January 25, 1993, the U.S. Fish and Wildlife Service (Service) 
published a final rule in the Federal Register determining the Bruneau 
hot springsnail (Pyrgulopsis bruneauensis) to be an endangered species 
(58 FR 5946). In its decision to list the springsnail the Service 
relied, in part, on a provisional draft of a U.S. Geological Survey 
(USGS) report (Berenbrock 1992) analyzing the hydrology of the 
geothermal aquifer in the Bruneau Valley area. The USGS provided the 
Service with the draft report, but did not release it to the public and 
requested that the Service not release the report to the public, 
pending agency review and approval.
    On May 7, 1993, the Idaho Farm Bureau Federation Owyhee County Farm 
Bureau, Idaho Cattleman's Association, and Owyhee County Board of 
Supervisors challenged the listing decision on several grounds in a 
lawsuit filed in United States District Court for the District of 
Idaho. The plaintiffs argued that the Service committed a number of 
procedural violations during the listing process, including not 
allowing the public to review the draft USGS report. On December 14, 
1993, 

[[Page 56977]]
the district court determined that the Service committed several 
procedural errors and set aside the final rule listing the springsnail 
as an endangered species.
    The district court decision was appealed to the United States Court 
of Appeals for the Ninth Circuit by two intervening conservation 
groups, the Idaho Conservation League and Committee for Idaho's High 
Desert. On June 29, 1995, the appellate court overturned the district 
court decision and reinstated the Bruneau hot springsnail to the 
endangered species list. However, the appellate court concluded that 
the Service should have made the draft USGS report (i.e., Berenbrock 
1992) available for public review, as the Service relied largely on 
this report to support the final listing rule. The appellate court 
directed the Service to provide an opportunity for public comment on 
the USGS report and other relevant information, and to reconsider its 
listing decision. The notice of availability complied with the court's 
direction.
    On October 24, 1995, Susan E. Buxton requested on behalf of her 
client (John B. Urquidi, J & J Ranches, Bruneau, Idaho) an extension in 
the comment period until November 24, 1995. Ms. Buxton requested the 
extension in order that she and her client may review all available 
data. Because the Service has no objection to this short extension, the 
comment period is extended until December 15, 1995.

Available Reports and Data

    In addition to the draft USGS report, which was finalized in August 
1993 (i.e., Berenbrock 1993), the Service has additional reports and 
information pertinent to the listing decision received since the 
original listing rule was published January 25, 1993. The following 
reports, plans, and letters contained in Service files, including other 
non-cited information, are available for public review and comment:

Berenbrock, C. 1992. Effects of well discharges on hydraulic heads 
in and spring discharges from the geothermal aquifer system in the 
Bruneau area, Owyhee County, southwestern Idaho. U.S. Geological 
Survey, Water-Resources Investigations, Boise, Idaho. Preliminary 
report.
Berenbrock, C. 1993. Effects of well discharges on hydraulic heads 
in and spring discharges from the geothermal aquifer system in the 
Bruneau area, Owyhee County, southwestern Idaho. U.S. Geological 
Survey, Water-Resources Investigations Report 93-4001, Boise, Idaho.
Bruneau Valley Coalition, Inc. 1995. Habitat maintenance and 
conservation plan for the Bruneau hot springsnail, January, 1995. 
Unpublished plan.
Bruneau Valley Coalition, Inc. 1995. Proposed amendment to the 
``Threatened and Endangered Species'' section of the Interim 
Comprehensive Land Use Plan for the federally and state managed 
lands in Owyhee County. Unpublished amendment.
Idaho Water Resources Research Institute. 1994, Bruneau hot springs 
aquifer restoration report: a proposal. Unpublished report, 
University of Idaho, Moscow, Idaho.
Lee, J.A. 1994. Summary report for the control survey of the Bruneau 
hot springsnail. Unpublished report, Bureau of Land Management, 
Boise District Office, Boise, Idaho.
Mladenka, G.C. 1993. Report on the 1993 Bruneau hot springsnail site 
survey. Unpublished report.
Mladenka, G.C. 1995. Bruneau Hot Springs invertebrate survey. 
Unpublished report, Stream Ecology Center, Idaho State University, 
Pocatello, Idaho.
Royer, T.V. and G.W. Minshall. 1993. 1993 Annual Monitoring Report: 
Bruneau hot springsnail (Pyrgulopsis bruneauensis). Unpublished 
report, Stream Ecology Center, Idaho State University, Pocatello, 
Idaho.
U.S. Geological Survey. 1993. Unpublished letter addressing error in 
estimating natural recharge to geothermal aquifer system, and status 
of Bruneau-area ground water-levels and spring discharges. Boise, 
Idaho.
U.S. Geological Survey. 1995a. Unpublished letter summarizing 
results of Bruneau-area ground water-level and spring discharge 
monitoring data through December 1994. Boise, Idaho.
U.S. Geological Survey. 1995b. Unpublished letter commenting on 
Idaho Water Resources Research Institute's report and summarizing 
provisional, spring discharge data collected from June 1994 through 
July 1995 from three hot springs above Hot Creek, Idaho.
Varricchione, J.T. and G.W. Minshall. 1995. 1994 Monitoring Report: 
Bruneau hot springsnail (Pyrgulopsis bruneauensis). Technical 
Bulletin No. 95-14, Idaho Bureau of Land Management.
Varricchione, J.T. and G.W. Minshall. 1995. Gut content analysis of 
wild Gambusia and Tilapia in Hot Creek, Bruneau, Idaho. Unpublished 
report, Idaho State University, Pocatello, Idaho.

Authority

    The authority for this action is the Endangered Species Act, as 
amended (16 U.S.C. 1531-1544.)

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Reporting and 
recordkeeping requirements, Transportation.

    Dated: November 6, 1995.
H. Dale Hall,
Acting Regional Director, Region I, U.S. Fish and Wildlife Service.
[FR Doc. 95-27961 Filed 11-9-95; 8:45 am]
BILLING CODE 4310-55-M