[Federal Register Volume 62, Number 15 (Thursday, January 23, 1997)]
[Proposed Rules]
[Pages 3493-3495]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-1602]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AA98


Endangered and Threatened Wildlife and Plants; Notice of 
Reopening 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 reopening 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 reopened. 
A notice of availability that opened the original public comment period 
was published on September 12, 1995 (60 FR 47339). The Service extended 
the comment period until December 15, 1995, in a notice published on 
November 13, 1995 (60 FR 56976). The Service hereby reopens the comment 
period and solicits new information and public comment on all 
information and data received since the listing of the species in 1993.

DATES: The comment period is reopened until March 10, 1997. 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, 1387 South Vinnell Way, Room 368, Boise, Idaho 83709. 
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/
378-5243, facsimile 208/378-5262).

SUPPLEMENTARY INFORMATION:

Background

    On January 25, 1993, the 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 errors during the listing process, including not allowing 
the public to review the draft USGS report. On December 14, 1993 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

[[Page 3494]]

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 final USGS report and 
to reconsider its listing decision.
    To comply with the court's direction, the Service announced that 
the Berenbrock (1992) report, and other reports and data pertaining to 
the listing of the springsnail were available for public comment until 
November 13, 1995, in a notice published on September 12, 1995 (60 FR 
47339). Because of a request from Susan E. Buxton on behalf of her 
client (John B. Urquidi, J & J Ranches, Bruneau, Idaho), the Service 
extended the public comment period until December 15, 1996, in a notice 
published on November 13, 1995 (60 FR 56976). Nearly 400 comments were 
received from individuals and agencies during the public comment 
period.
    Because of a moratorium on final listing actions from April 10, 
1995, until April 26, 1996 (Pub. L. 104-6), the Service was unable to 
comply with the June 1995 court decision and issue its reconcideration 
listing decision. In anticipation of the end of the moratorium and 
after it was lifted, the Service issued interim guidance on March 11, 
1996 (61 FR 9651), final guidance for fiscal year 1996 on May 16, 1996 
(61 FR 24722), and final guidance for fiscal year 1997 on December 5, 
1996 (61 FR 64475), regarding the setting of priorities for various 
listing actions. These guidance documents focused the Service's limited 
funding on emergency actions, and final rules for imminently and highly 
threatened species, and for multi-species packages. Consequently, the 
Service took no action on the springsnail during fiscal year 1996. 
Though listing priorities now allow the Service to take final action on 
this court decision, it has been over 1 year since the close of the 
last public comment period. Therefore, the Service is now soliciting 
additional comments and making available for public review new 
information and other data pertaining to the listing of the Bruneau hot 
springsnail received since the last comment period.

Available Reports and Data

    In addition to the draft USGS report, which was finalized in August 
1993 (i.e., Berenbrock 1993), the Service listed 13 additional reports 
and documents in its past notices (60 FR 47339 and 60 FR 56976) that 
are pertinent to the listing decision and were received since the 
original listing rule was published on January 25, 1993. Moreover, the 
Service received 5 additional reports or letters pertinent to this 
listing decision since the close of the public comment period on 
December 15, 1995. The following combined list of reports 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 preproposal. 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.
Mladenka, G.C. and G.W. Minshall. 1996. Report on the 1996 Bruneau hot 
springsnail site survey. Unpublished report.
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.
U.S. Geological Survey. 1996a. Unpublished letter summarizing Bruneau-
area ground water-level and spring discharge monitoring data collected 
through January 1996. Boise, Idaho.
U.S. Geological Survey. 1996b. Annual report summarizing results of 
Bruneau-area ground water-level and spring discharge monitoring through 
June 1996. Boise, Idaho.
U.S. Geological Survey. 1996c. Annual report summarizing results of 
Bruneau-area ground water-level and spring discharge monitoring through 
September 1996. Boise, 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.
Varricchione, J.T. and G.W. Minshall. 1996. 1995 Monitoring Report: 
Bruneau hot springsnail (Pyrgulopsis bruneauensis). Idaho Bureau of 
Land Management Technical Bulletin No. 96-8. Stream Ecology Center, 
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

[[Page 3495]]

recordkeeping requirements, Transportation.

    Dated: January 14, 1997
H. Dale Hall,
Acting Regional Director, Region 1, U.S. Fish and Wildlife Service.
[FR Doc. 97-1602 Filed 1-22-97; 8:45 am]
BILLING CODE 4310-55-P