[Federal Register Volume 62, Number 57 (Tuesday, March 25, 1997)]
[Proposed Rules]
[Pages 14101-14103]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-7449]


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DEPARTMENT OF THE INTERIOR
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 
for an additional 75 days. 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 reopened the comment period in a notice published on January 
23, 1997 (62 FR 3493). Because of requests from the High Desert 
Coalition, Inc., Bruneau Valley Coalition, and Quey Johns, 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 June 9, 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.


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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 the 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 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, 1995, 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 (Public Law 104-6), the Service was unable 
to comply with the June 1995 court decision and issue its reconsidered 
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 
funds 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. As a result, the Service made available for 
public review new information and other data pertaining to the listing 
of the Bruneau hot springsnail received since the close of the November 
13, 1995, comment period. Because of requests from the High Desert 
Coalition, Inc., Bruneau Valley Coalition, and Quey Johns, 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.

Available Reports and Data

    The following combined list of reports and letters contained in 
Service files, including other non-cited information, are available for 
public review:

    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

[[Page 14103]]

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 
recordkeeping requirements, Transportation.

    Dated: March 18, 1997.
Thomas J. Dwyer,
Acting Regional Director, Region 1, U.S. Fish and Wildlife Service.
[FR Doc. 97-7449 Filed 3-24-97; 8:45 am]
BILLING CODE 4310-55-P