[Federal Register Volume 64, Number 152 (Monday, August 9, 1999)]
[Notices]
[Pages 43206-43207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20379]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Notice of Availability of the Draft Environmental Assessment of 
Designation of Critical Habitat for the Woundfin (Plagopterus 
argentissimus) and Virgin River Chub (Gila seminuda) Within the Virgin 
River Basin

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

ACTION: Notice of document availability and public comment period.

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SUMMARY: We, the Fish and Wildlife Service, announce the availability 
of the Draft Environmental Assessment for Designation of Critical 
Habitat for the Woundfin (Plagopterus argentissimus) and Virgin River 
Chub (Gila seminuda) within the Virgin River Basin. The purpose of the 
proposed federal action described in the environmental assessment is to 
formally designate critical habitat for two endangered fishes 
inhabiting the Virgin River. Both woundfin and Virgin River chub are 
listed as endangered species under provisions of the Endangered Species 
Act of 1973, as amended (Act). The designation of critical habitat for 
woundfin and Virgin River chub is needed pursuant to the non-
discretionary legal requirement under the Act to designate critical 
habitat when a species is listed, and to comply with a court order to 
make a determination with regard to these

[[Page 43207]]

species. We are seeking comments from the public, other concerned 
governmental agencies, the scientific community, industry, or any other 
interested parties on this Draft Environmental Assessment.

DATES: We must receive comments on the Draft Environmental Assessment 
on or before September 8, 1999 to be considered. All comments received 
by the above date will be considered in our final determination whether 
to prepare an environmental impact statement or a finding of no 
significant impact on designation of critical habitat within the Virgin 
River Basin.

ADDRESSES: Written comments and other materials regarding the Draft 
Environmental Assessment should be directed to the Field Supervisor, 
Utah Ecological Services Field Office, Lincoln Plaza, 145 East 1300 
South, Suite 404, Salt Lake City, Utah 84115. Copies of the draft 
document are also available from the Field Office. All comments and 
materials received will be available upon request for public 
inspection, by appointment, during normal business hours at the above 
address.

FOR FURTHER INFORMATION CONTACT: Mr. Reed E. Harris, Utah Field 
Supervisor (see ADDRESS above), or at (801) 524-5001 extension 126.

SUPPLEMENTARY INFORMATION

Background

    In March of 1994, in response to complaint filed in U.S. District 
Court, District of Colorado, the Court ordered us to designate critical 
habitat for the endangered woundfin and Virgin River chub, and for the 
Virgin spinedace (if listed before December 31, 1994). The Court 
further ordered that critical habitat be proposed no later than April 
of 1995, and finalized by December of 1995. In April of 1995 (60 FR 
17296) we proposed designation of critical habitat for the woundfin, 
Virgin River chub, and Virgin spinedace. Shortly after that proposal we 
entered into a Conservation Agreement with other Federal, State, and 
private entities to eliminate or reduce impacts threatening the 
continued existence of the Virgin spinedace. We then withdrew the 
proposed listing and designation of critical habitat for the Virgin 
spinedace on February 6, 1996 (61 FR 44010. Subsequent to the proposed 
designation of critical habitat, and prior to the publishing of a final 
rule, we were precluded from completing the designation by a 
Congressional moratorium prohibiting listing species as endangered or 
threatened, and designating critical habitats for species already 
listed. Beginning in April 1995 and extending well into 1996, Congress 
passed a number of spending moratoria prohibiting us from using funds 
previously allocated for such purposes. These budgetary restrictions 
created a significant backlog of proposed listing actions, including 
designation of critical habitat. For this reason, we developed Listing 
Priority Guidance for fiscal years 1997 (62 FR 55268), and 1998 and 
1999 (63 FR 25502) to help prioritize the backlog of listing 
activities. The designation of critical habitat was given the lowest 
priority in this Guidance. However, in December, 1998, the 10th circuit 
court ruled that the Service can no longer use this justification for 
not designating critical habitat and ordered designation of critical 
habitat for the Rio Grande silvery minnow (Hybognathus amarus). Shortly 
after the silvery minnow decision, the plaintiffs in the Virgin River 
case filed a motion for the Service to finalize critical habitat 
designation. A hearing is scheduled in August 1999 on this issue. We 
are in the process of proposing a schedule to the Plaintiffs for 
finalization of critical habitat for the woundfin and Virgin River chub 
in the Virgin River.
    We are proceeding with steps necessary to finalize critical habitat 
designation for these two species in the Virgin River Basin and are 
providing notice of availability of an Environmental Assessment for 
this critical habitat designation.

Public Comments Solicited

    We are seeking public input on the Draft Environmental Assessment 
for critical habitat designation within the Virgin River basin for the 
woundfin and Virgin River chub. Comments or suggestions from the 
public, other concerned governmental agencies, the scientific 
community, industry and/or any interested party regarding the Draft 
Environmental Assessment are hereby solicited. All comments received 
will be fully considered prior to a determination whether to prepare a 
finding of no significant impact or an environmental impact statement 
on designation of critical habitat within the Virgin River Basin.
    Author: The primary author of this notice is Keith L. Rose, U.S. 
Fish and Wildlife Service, 764 Horizon Drive, Room 227, Grand Junction, 
Colorado 81506, or at (970) 243-4552.

Authority

    The authorities for this action are the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.) and the Endangered Species 
Act of 1973 (16 U.S.C.. 1532 et seq..)

    Dated: August 3, 1999.
Terry Terrell,
Deputy Regional Director, Denver, Colorado.
[FR Doc. 99-20379 Filed 8-6-99; 8:45 am]
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