[Federal Register Volume 64, Number 66 (Wednesday, April 7, 1999)]
[Proposed Rules]
[Page 16890]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-8208]



[[Page 16890]]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AB88


Endangered and Threatened Wildlife and Plants; Reopening of 
Public Comment Period, Notice of Public Hearing, and Notice of 
Availability of Documents Associated With Proposed Designation of 
Critical Habitat for the Rio Grande Silvery Minnow

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; reopening of comment period, notice of public 
hearing, and notice of availability of draft documents.

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SUMMARY: The Fish and Wildlife Service provides notice that the public 
comment period on the proposal to designate critical habitat for the 
Rio Grande silvery minnow (Hybognathus amarus), an endangered species, 
is reopened. We anticipate that public interest in the proposal to 
designate critical habitat will be high. Thus, we have scheduled a 
public hearing to be held in Albuquerque, New Mexico (see DATES and 
ADDRESSES). The reopening of the comment period will allow all 
interested parties to submit comments on the proposal, the draft 
Economic Analysis, and the draft Environmental Assessment prepared for 
the designation, which are now available (see ADDRESSES). We are 
seeking comments or suggestions from the public, other concerned 
governmental agencies, the scientific community, industry, or any other 
interested parties concerning the proposed designation and the draft 
documents.

DATES: The comment period for this proposal is now reopened and will 
close on May 7, 1999. All comments on the proposal, the draft Economic 
Analysis, and draft Environmental Assessment will be accepted through 
May 7, 1999. A public hearing on the proposal and the draft documents 
is scheduled for April 29, 1999 from 6:30 p.m. to 9:00 p.m.

ADDRESSES: Written comments and materials should be sent to the Field 
Supervisor, New Mexico Ecological Services Field Office, 2105 Osuna NE, 
Albuquerque, New Mexico 87113. Copies of the draft documents are also 
available from the Field Office. Comments and materials received will 
be available for public inspection during normal business hours, by 
appointment, at the above address. The public hearing will be held at 
the Indian Pueblo Cultural Center, 2401 12th Street NW, Albuquerque, 
New Mexico.

FOR FURTHER INFORMATION CONTACT: Jennifer Fowler-Propst, Field 
Supervisor, New Mexico Ecological Services Field Office, at the above 
address 505-346-2525.

SUPPLEMENTARY INFORMATION:

Background

    The Fish and Wildlife Service proposed to list the Rio Grande 
silvery minnow as an endangered species with critical habitat on March 
1, 1993 (58 FR 11821). The public comment period, originally scheduled 
to close on April 30, 1993, was extended until August 25, 1993, (58 FR 
19220; April 13, 1993) to conduct public hearings and allow submission 
of additional comments. Public hearings were held in Albuquerque and 
Socorro, New Mexico, on the evenings of April 27 and 28, 1993, 
respectively.
    We published the final rule to list the Rio Grande silvery minnow 
on July 20, 1994 (59 FR 36988). At that time, we found that critical 
habitat was not determinable because there was insufficient information 
to perform required analyses of the impacts of the designation. We 
contracted an economic analysis of the designation in September 1994; 
the draft analysis was provided to us in February, 1996 and we 
transmitted it to all interested individuals on April 26, 1996. We 
notified the public that, because of the moratorium on final listing 
actions and determinations of critical habitat imposed by Public Law 
104-6, no work would be conducted on the analysis or on the final 
decision concerning critical habitat. However, we solicited comments 
from the public and agencies for use when such work resumed.
    On February 22, 1999, the United States District Court for the 
District of New Mexico, in Forest Guardians and Defenders of Wildlife 
v. Bruce Babbitt, CIV 97-0453 JC/DIS, ordered us to publish a final 
determination with regard to critical habitat for the Rio Grande 
silvery minnow within 30 days of that order. Subsequently, on March 22, 
1999, the Court ordered that we would be allowed an additional 90 days 
for the final designation. The current deadline is for publication of 
the final determination by June 23, 1999.
    The Fish and Wildlife Service is using the extension granted by the 
Court to seek public input to the process of designating critical 
habitat. Comments on the draft Economic Analysis and draft 
Environmental Assessment will be considered in our final determination 
of critical habitat. Written comments we have already received on the 
draft Economic Analysis in 1996 have been retained and will be 
considered during this open comment period.

Author: The primary author of this document is Jennifer Fowler-
Propst, New Mexico Ecological Services Field Office (see ADDRESSES 
section).

Authority

    The authority for this action is the Endangered Species Act (16 
U.S.C. 1532 et seq.).

    Dated: March 30, 1999.
David Yazzie,
Acting Regional Director, Fish and Wildlife Service.
[FR Doc. 99-8208 Filed 4-6-99; 8:45 am]
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