[Federal Register Volume 63, Number 197 (Tuesday, October 13, 1998)]
[Proposed Rules]
[Pages 54660-54661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-27325]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AE86


Endangered and Threatened Wildlife and Plants; Reopening of 
Comment Period on Proposed Endangered Status for Devils River Minnow 
(Dionda diaboli)

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; reopening of comment period.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) gives notice that 
the comment period on the proposed determination of endangered status 
for the Devils River minnow (Dionda diaboli) is reopened. This fish is 
found in Val Verde and Kinney counties, Texas, and Coahuila, Mexico. 
All interested parties are invited to submit comments on this proposal.

DATES: The comment period, which originally closed on July 27, 1998, 
now closes November 12, 1998.

ADDRESSES: Written comments and materials concerning the proposal 
should be sent to the Field Supervisor, Austin Ecological Services 
Field Office, U.S. Fish and Wildlife Service, 10711 Burnet Road, Suite 
200, Austin, Texas, 78758. Comments and materials received will be 
available for public inspection, by appointment, during normal business 
hours at the above address.

FOR FURTHER INFORMATION CONTACT: Nathan Allan, Fish and Wildlife 
Biologist (see ADDRESSES section) (telephone 512/490-0057; facsimile 
512/490-0974).

SUPPLEMENTARY INFORMATION:

Background

    The current range of the Devils River minnow is limited to three 
stream systems in Val Verde and Kinney counties, Texas, and one 
drainage in Coahuila, Mexico. The species' range has been significantly 
contracted and fragmented. In addition, the numbers of Devils River 
minnows collected during fish surveys has declined dramatically over 
the past 25 years; the species has declined from one of the most 
abundant fish to one of the least abundant. Based on the current 
information, the decline of the species in both distribution and 
abundance may be attributed in large part to the effects of habitat 
loss and modification and the introduction of nonnative fish into 
habitats of the Devils River minnow.
    On March 27, 1998, the Service published a proposed rule to list 
the Devils River minnow as endangered under the Endangered Species Act 
(Act) of 1973, as amended (63 FR 14885-14892). Section 4(b)(5)(E) of 
the Act requires that a public hearing be held if requested within 45 
days of the proposal's publication in the Federal Register. Because of 
the past public interest in the listing of this species, the Service 
opened the public comment period for 120 days and held a public hearing 
on May 28, 1998, in Del Rio, Texas. A notice of the public hearing was 
published in the Federal Register on May 14, 1998. Over 40 individuals 
attended the hearing and made 19 oral comments. Also, a number of 
written comments were received during the original comment period. All 
of these comments will be considered in the final determination on 
whether or not to add the species to the list of threatened and 
endangered species.
    The purpose of reopening the comment period at this time is to 
accept public comments on the proposal to list the Devils River minnow 
as an endangered species in light of new information that has been 
received by the Service. New information on the distribution and 
abundance of the species has been provided by the Texas Parks and 
Wildlife Department (Department). In addition, a Conservation Agreement 
for the Devils River minnow between the Service, the Department, and 
the City of Del Rio was signed on September 2, 1998.
    On May 28, 1998, biologists from the Department collected about 140 
Devils River minnows from Phillips Creek. Phillips Creek is a small 
tributary,

[[Page 54661]]

located on private land, entering the Devils River from the northeast, 
about 2 miles downstream from the Highway 163 bridge (Baker's 
Crossing). This site is a small spring-fed stream that does not provide 
surface flow to the Devils River under normal conditions. No 
information is available to indicate that fishes have ever been sampled 
from this site in the past. This information provides significant 
evidence confirming that the Devils River minnow still occurs in the 
Devils River watershed. Additional surveys are needed to determine the 
actual status of the species in the Devils River, but the confirmation 
of the species in the drainage is important in ensuring that those 
populations have not been lost.
    The Service has been working with the Department, in cooperation 
with local landowners, over the past year in an effort to develop a 
conservation agreement that would expedite conservation measures needed 
to ensure the continued existence of the species. Preliminary drafts of 
the Conservation Agreement (Agreement) were made available to local 
landowners for comments and a draft version was also distributed at the 
Public Hearing. The Agreement was signed by the Service, the 
Department, and the City of Del Rio on September 2, 1998. The Agreement 
included a Conservation Strategy (Strategy) to describe the specific 
procedures required for conservation of the Devils River minnow. In 
making the final listing determination, the Service agreed to consider 
the ongoing implementation of the conservation actions as described in 
the Strategy. The Service will consider the effect of those actions on 
removing threats to the species, as described in the proposed rule, in 
making a final determination on this listing.
    The ten conservation actions that were included in the Strategy 
are: (1) Determine the current status of the Devils River minnow and 
monitor changes; (2) Maintain genetically representative, captive 
populations of Devils River minnow at two fish hatchery facilities for 
reintroduction, and as insurance against extinction; (3) Reintroduce 
Devils River minnows, reared in captive populations, in order to 
reestablish populations in nature; (4) Continue and enhance protection 
of the San Felipe Creek watershed; (5) Provide technical assistance to 
landowners on riparian protection and management; (6) Review live bait 
harvest and selling practices in the Devils River area to develop 
methods and take appropriate actions (e.g., regulation, education) to 
prevent the further establishment of exotic, aquatic species within the 
historical range of Devils River minnow; (7) Document the abundance and 
ranges of exotic fish in the Devils River, and San Felipe, Las Moras, 
and Sycamore creeks; (8) Obtain and analyze changes in flow data for 
the Devils River, and San Felipe, Las Moras, and Sycamore creeks; (9) 
With progeny of the captive population, use a simulated environment to 
determine ecological and life history requirements of the Devils River 
minnow; and (10) Determine in situ predator/prey interactions between 
smallmouth bass and the Devils River minnow.
    The comment period on the proposal will remain open until November 
12, 1998. Written comments may be submitted until that date to the 
Service office in the ADDRESSES section.
    Author the primary author of this notice is Nathan Allan (see 
ADDRESSES section) (telephone 512/490-0057; facsimile 512/490-0974).

Authority

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

    Dated: October 3, 1998.
Geoffrey S. Haskett,
Acting, Regional Director, Fish and Wildlife Service, Region 2.
[FR Doc. 98-27325 Filed 10-9-98; 8:45 am]
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