[Federal Register Volume 62, Number 107 (Wednesday, June 4, 1997)]
[Notices]
[Pages 30610-30611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14528]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Notice of Availability of Draft Conservation Agreement for the 
Topeka Shiner in the Mill Creek Watershed District in Kansas for Review 
and Comment

AGENCY: U.S. Fish and Wildlife Service, Interior.

ACTION: Notice of document availability.

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SUMMARY: The Fish and Wildlife Service (Service) announces the 
availability for public review of a Draft Conservation Agreement for 
the Topeka shiner (Notropis topeka) in the Mill Creek Watershed 
District in Kansas. This species is designated a candidate species, 
indicating that the Service has on file substantial information on 
biological vulnerability and threats to support a proposal to list it 
as an endangered or threatened species. The Conservation Agreement was 
developed jointly by the Service, the Kansas Department of Wildlife and 
Parks, and the Mill Creek Joint Watershed District No. 85. The 
agreement focuses on reducing and eliminating some of the more 
significant threats to the species resulting from flood control 
measures proposed for implementation within the basin, maintaining core 
populations of the species necessary for long-term viability, while 
still allowing the District to achieve an effective level of flood 
control to meet its needs. The Service solicits review and comment from 
the public on this draft document.

DATES: Comments on the Draft Conservation Agreement must be received on 
or before July 7, 1997 to be considered by the Service during 
preparation of the final Conservation Agreement and prior to the 
Service's determination whether it will be a signatory party to the 
agreement.

ADDRESSES: Persons wishing to review the Draft Conservation Agreement 
may obtain a copy by contacting the Field Supervisor, U.S. Fish and 
Wildlife Service, 315 Houston, Suite E, Manhattan, Kansas 66502. 
Written comments and materials regarding the Draft Conservation 
Agreement also should be directed to the same address. Comments and 
materials received will

[[Page 30611]]

be available on request for public inspection, by appointment, during 
normal business hours at the above address.

FOR FURTHER INFORMATION CONTACT: Mr. William H. Gill, Field Supervisor 
(see ADDRESSES section), telephone (913) 539-3474, extension 14.

SUPPLEMENTARY INFORMATION: 

Background

    The Topeka shiner is a minnow native to small plains streams in 
Iowa, Kansas, Minnesota, Missouri, Nebraska, and South Dakota. It 
occurs in pools of small streams with good water quality and clarity. 
Plowing of the prairie sod for farming and development to other land 
uses has resulted in significant reductions in water quality in most 
plains streams, with concurrent reductions in the number of stream 
reaches suitable for the species. A status review completed for the 
Topeka shiner by the Service in 1993 concluded that the range and 
distribution of the species had declined significantly, and that past 
and current threats were such that the species warranted listing under 
the Endangered Species Act. In addition to water quality impacts, one 
of the current threats facing the species is the construction of dams 
on streams where it occurs. Due to a combination of factors, possibly 
including increased predation and blockage of upstream and downstream 
emigration, the Topeka shiner has been known to disappear from streams 
on which dams are constructed. The Mill Creek Watershed Joint District 
No. 85 approached the Service and the Kansas Department of Wildlife and 
Parks in an attempt to coordinate their proposed tributary dam 
construction in such a way to minimize impacts on the species and 
ensure its maintenance in the basin into the future.
    The Conservation Agreement which resulted from that initial contact 
outlines specific steps which will be taken by all three entities in an 
effort to meet the dual goals of species conservation and flood 
protection. At the heart of the agreement is the designation of all 
streams in the Mill Creek basin based on their degree of importance to 
the species. Class 1 streams are those characterized by recent 
collections of apparently stable, self-sustaining populations of Topeka 
shiners, with few or no existing watershed dams already in place. Class 
2 streams are characterized by recent collections of smaller or less 
stable numbers of Topeka shiners, with some watershed dam control 
already in place. Class 3 streams are characterized by an absence of 
Topeka shiners in recent sampling efforts, or the species present in 
very low numbers associated with more widespread current and ongoing 
watershed control measures.
    The parties agree that no watershed dam construction shall be done 
beyond any which may currently exist in Class 1 streams. In Class 2 
streams, dam construction may not exceed 20 percent control of total 
runoff surface area for that stream. In Class 3 streams, dam 
construction may proceed up to as much as 40 percent control of the 
runoff of the individual stream. It is further agreed that no watershed 
dam will be constructed within one stream mile of any currently known 
Topeka shiner population. This agreement would result in the 
elimination or significant modification of 19 dams originally proposed 
for construction by the District. Additional aspects of the agreement 
would be the formation of a management and recovery plan for that 
portion of the Topeka shiner's range within the District's boundaries, 
implementation of land treatment measures designed to improve habitat 
conditions for the species, and continued monitoring of occupied 
streams.

Public Comments Solicited

    The Service will use information received in its determination as 
to whether it should be a signatory party to the agreement. Comments or 
suggestions from the public, other concerned governmental agencies, the 
scientific community, industry, or any other interested party 
concerning the draft document are hereby solicited. All comments and 
materials received will be considered prior to the approval of any 
final document.

    Author: The primary author of this notice is Dan Mulhern (see 
ADDRESSES section), telephone (913) 539-3473, extension 16.

Authority

    The authority for this action is the Endangered Species Act of 
1973, as amended (16 U.S.C. 1531 et seq.).

    Dated: May 29, 1997.
Terry T. Terrell,
Deputy Regional Director, Denver, Colorado.
[FR Doc. 97-14528 Filed 6-3-97; 8:45 am]
BILLING CODE 4310-55-M