[Federal Register Volume 63, Number 57 (Wednesday, March 25, 1998)]
[Rules and Regulations]
[Pages 14378-14379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-7620]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AE95


Endangered and Threatened Wildlife and Plants; Revocation of 
Critical Habitat for the Mexican Spotted Owl, Loach Minnow, and 
Spikedace

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule; notice of revocation of critical habitat.

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SUMMARY: Due to several Federal court orders, the Fish and Wildlife 
Service (Service) amends the List of Threatened and Endangered Wildlife 
(50 CFR 17.11) to remove critical habitat designations for the Mexican 
spotted owl (Strix occidentalis lucida), spikedace (Meda fulgida), and 
loach minnow (Rhinichthys cobitis), pursuant to the Endangered Species 
Act of 1973, as amended (Act). Critical habitat is also removed from 50 
CFR 17.95(b) (Mexican spotted owl) and 17.95(e) (loach minnow and 
spikedace).

DATES: This final rule is effective March 25, 1998.

ADDRESSES: The file for this revocation is available for inspection, by 
appointment, during normal business hours at the U.S. Fish and Wildlife 
Service, Division of Ecological Services, 500 Gold Avenue Southwest, 
Albuquerque, New Mexico 87102.

FOR FURTHER INFORMATION CONTACT: Renne Lohoefener, Assistant Regional 
Director, Ecological Services, U.S. Fish and Wildlife Service, 
telephone 505/248-6920.

SUPPLEMENTARY INFORMATION:

Background

    The Service designated critical habitat for the loach minnow and 
spikedace on March 8, 1994 (59 FR 10898 and 59 FR 10906, respectively). 
However, on October 13, 1994, the United States District Court for the 
District of New Mexico set aside the critical habitat designation for 
the two species, ruling that the Service is required to analyze the 
effects of critical habitat designation under the National 
Environmental Policy Act (NEPA). In 1996 the Tenth Circuit affirmed 
this decision. The District Court's decision setting aside the critical 
habitat designation became effective when the appeal process for the 
case was completed. (Catron County Board of Commissioners, New Mexico 
v. U.S. Fish and Wildlife Service, CIV No.

[[Page 14379]]

93-730 HB, (D.N.M. 1994), aff'd by 75 F.3d 1429 (10th Cir. 1996)). The 
critical habitat designated for these two species occurred also in 
Arizona which is in the Ninth Circuit where NEPA is not required for 
critical habitat designations; however, in 1996 the United States 
District Court for the District of Arizona acknowledged that the set 
aside in the Catron County case also applied in Arizona. (Southwest 
Center for Biological Diversity v. Rogers, CV 96-018-TUC-JMR (D. Ariz. 
1996)).
    The Service designated critical habitat for the Mexican spotted owl 
on June 6, 1995 (60 FR 29914). On March 4, 1997, the United States 
District Court for the District of New Mexico set aside that critical 
habitat designation, again for the Service's failure to complete the 
NEPA process (Coalition of Arizona/New Mexico Counties for Stable 
Economic Growth v. U.S. Fish and Wildlife Service, CIV No. 95-1285-M 
(D.N.M. 1997)).
    Pursuant to the decisions of the New Mexico District Courts, the 
Service, by publication of this revocation, removes critical habitat 
for the loach minnow, spikedace, and Mexican spotted owl from the List 
of Endangered and Threatened Wildlife (17.11) and from the Code of 
Federal Regulations at 50 CFR 17.95(b) (Mexican spotted owl) and 
17.95(e) (loach minnow and spikedace). Further, this revocation gives 
notice to Federal agencies and interested individuals that the Service 
will no longer consider critical habitat for the three species for the 
purpose of conducting section 7 consultation.
    Pursuant to 5 U.S.C. 553(d), the requirement for a 30-day delay in 
the effective date following publication of this revocation is waived. 
Because critical habitat for these species has been set aside by the 
United States District Court for the District of New Mexico, the 
Service believes there is good cause to issue this rule effective 
immediately.

Required Determinations

    This revocation does not contain collections of information that 
require approval by the Office of Management and Budget under 44 U.S.C. 
3501 et seq.

References Cited

    A complete list of all references cited herein is available upon 
request from the U.S. Fish and Wildlife Service, Division of Ecological 
Services (see ADDRESSES section).
    Author: The author of this document is Steven L. Spangle, Division 
of Ecological Services (see ADDRESSES section).

List of Subjects in 50 CFR Part 17

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

Regulation Promulgation

    Accordingly, the Service hereby amends part 17, subchapter B of 
chapter I, title 50 of the Code of Federal Regulations, as set forth 
below:

PART 17--[AMENDED]

    1. The authority citation for part 17 continues to read as follows:

    Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C. 
4201-4245; Pub. L. 99-625, 100 Stat. 3500, unless otherwise noted.


Sec. 17.11  [Amended]

    2. Amend section 17.11(h) by revising the ``Critical Habitat'' 
column in the table entry for ``Owl, Mexican spotted'' under BIRDS to 
read ``NA.''
    3. Amend section 17.11(h) by revising the ``Critical Habitat'' 
column in the table entry for ``Minnow, loach'' under FISHES to read 
``NA.''
    4. Amend section 17.11(h) by revising the ``Critical Habitat'' 
column in the table entry for ``Spikedace'' under FISHES to read 
``NA.''


Sec. 17.95  [Amended]

    5. Amend section 17.95(b) by removing critical habitat maps and 
associated text for the ``Mexican Spotted Owl.''
    6. Amend section 17.95(e) by removing critical habitat maps and 
associated text for the ``Loach Minnow.''
    7. Amend section 17.95(e) by removing critical habitat maps and 
associated text for the ``Spikedace.''

    Dated: March 18, 1998.
Daniel M. Ashe,
Acting Director, Fish and Wildlife Service.
[FR Doc. 98-7620 Filed 3-24-98; 8:45 am]
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