[Federal Register Volume 66, Number 66 (Thursday, April 5, 2001)]
[Notices]
[Pages 18107-18109]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-8465]


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DEPARTMENT OF INTERIOR

Fish and Wildlife Service


Notice of Intent To Prepare an Environmental Impact Statement for 
Proposed Designation of Critical Habitat for the Rio Grande Silvery 
Minnow and Notice of Public Scoping Meetings

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of Intent.

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SUMMARY: We, the Fish and Wildlife Service (Service), are providing 
this notice to advise the public that an Environmental Impact Statement 
(EIS) will be prepared in conjunction with a new proposed rule, 
designating critical habitat for the endangered Rio Grande silvery 
minnow (Hybognathus amarus). On November 21, 2000, the United States 
District Court for the District of New Mexico, in Middle Rio Grande 
Conservancy District v. Bruce Babbitt et al., State of New Mexico 
Engineer ex rel the State Engineer, New Mexico Interstate Stream 
Commission, and the New Mexico Attorney General v. Bruce Babbitt et 
al., and Forest Guardians et al. v. Bruce Babbitt et al., CIV 99-870, 
99-872 and 99-1445M/RLP (Consolidated) ordered us to issue within 120 
days both an EIS and a new proposed rule designating critical habitat 
for the Rio Grande silvery minnow. Public scoping meetings will be held 
on April 17, 2001, at the Indian Pueblo Cultural Center, Albuquerque, 
New Mexico, on April 23, 2001, at the New Mexico State University 
Instructional Building, Carlsbad, New Mexico and on April 24, 2001, at 
the Pecos County Commission, Fort Stockton, Texas.
    We anticipate that public interest in the proposal to designate 
critical habitat will be high. Thus, we have scheduled three public 
scoping meetings to be held in Albuquerque and Carlsbad, New Mexico, 
and Fort Stockton, Texas (see DATES and ADDRESSES section). This notice 
and public scoping meetings will allow all interested parties to submit 
comments and/or relevant information to be considered in the 
preparation of a draft EIS for the new proposed designation. We are 
seeking comments or suggestions from the public, other concerned 
governmental agencies,

[[Page 18108]]

tribes, the scientific community, industry, or any other interested 
parties concerning the scope of the analysis and preparation of an EIS. 
We also identify the Service Official to whom questions and comments 
should be directed concerning the development of a new proposed rule 
and the EIS.

DATES: We will hold public scoping meetings to solicit comments and 
suggestions on the scope of the EIS analysis and proposed alternatives. 
We will hold scoping meetings from 6 to 9 p.m. on April 17, 2001, at 
the Indian Pueblo Cultural Center, Albuquerque, New Mexico; on April 
23, 2001, at the New Mexico State University Instructional Building, 
Carlsbad, New Mexico; and on April 24, 2001, at the Pecos County 
Commission, Fort Stockton, Texas. We encourage your written comments 
which we must receive for consideration on or before June 4, 2001.
    We will give notice for the draft EIS (DEIS) once it's prepared. We 
will solicit comments on the DEIS for a minimum 45-day public comment 
period so that interested and affected people may participate and 
contribute to the preparation of a final EIS. In addition, we intend to 
develop a new proposed rule designating critical habitat for the Rio 
Grande silvery minnow and solicit comments or suggestions on reasons 
why any particular area should or should not be designated as critical 
habitat, information on the distribution and quality of habitat for the 
silvery minnow, land or water use practices and current or planned 
activities in areas that may be affected by a redesignation of critical 
habitat, and any other pertinent issues of concern.

ADDRESSES: Information, comments, or questions related to preparation 
of the EIS and the National Environmental Policy Act process should be 
submitted to Joy Nicholopoulos, Field Supervisor, U.S. Fish and 
Wildlife Service, New Mexico Ecological Services Field Office, 2105 
Osuna NE, Albuquerque, New Mexico, 87113. Written comments may also be 
sent by facsimile to (505) 346-2542 or by email to FW2 ES 
[email protected]. All comments, including names and addresses, will 
become part of the administrative record and may be released.

FOR FURTHER INFORMATION CONTACT: Questions regarding the scoping 
process, preparation of the EIS, or development of a new proposed rule 
designating critical habitat may be directed to Joy Nicholpoulos (see 
ADDRESSES section).

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), to conduct public hearings and allow submission of additional 
comments. We held public hearings 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 potential impacts of the 
designation. An economic analysis was conducted by a contractor to 
determine the economic effects of the designation in September 1994; 
the draft analysis was provided to us in February 1996 and transmitted 
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. We 
published a final determination of critical habitat for the Rio Grande 
silvery minnow on July 6, 1999 (64 FR 36274). On July 8, 1999, we 
finalized the Rio Grande silvery minnow recovery plan (USFWS 1999). On 
November 21, 2000, the United States District Court for the District of 
New Mexico ordered the Service to issue a new proposed rule designating 
critical habitat for the Rio Grande silvery minnow within 120 days, and 
to simultaneously issue an EIS.
    A new proposal to designate critical habitat for the Rio Grande 
Silvery minnow may be substantially different from the previously 
designated critical habitat. The process to propose critical habitat 
will include at least the following elements: (1) Compile and analyze 
all new biological information on the species; (2) review and update 
the administrative record; (3) review the overall approach to the 
conservation of the Rio Grande silvery minnow undertaken by the local, 
State, Tribal, and Federal agencies operating within the Middle Rio 
Grande Valley and other areas where the species historically occurred; 
(4) review available information that pertains to the habitat 
requirements of this species, including material received during the 
public comment period from this notice and comments on the listing and 
previous designation; (5) review actions identified in the Rio Grande 
silvery minnow recovery plan (USFWS 1999); (6) determine what areas 
might require ``special management considerations or protections'' 
pursuant to the definition of critical habitat in section 3 of the Act; 
(7) develop a precise definition of the primary constituent elements, 
including a discussion of the specific biological and physical features 
essential to the survival of the silvery minnow; (8) precisely map 
critical habitat within river reaches; (9) analyze the potential 
economic consequences of designating critical habitat; and (10) analyze 
the potential consequences through NEPA.
    Several considerations may influence the alternatives we are 
considering. For example, we will be evaluating reintroduction sites 
within the historic range of the Rio Grande silvery minnow to determine 
whether these areas require ``special management considerations or 
protections.'' Similarly, we know that we must give careful 
consideration to the compatibility of Rio Grande silvery minnow 
management with the existing purposes and uses of such lands and 
waters. This issue, in particular, is one for which we are seeking 
public input. We welcome information on historically or currently 
occupied areas that may contain the physical and biological features 
essential to the conservation of the Rio Grande silvery minnow and that 
may warrant ``special management considerations or protections'' and 
should be designated critical habitat (i.e., stream reaches).
    The DEIS will consider all reasonable alternatives for the 
designation of critical habitat for the Rio Grande silvery minnow. 
Potential alternatives to designate critical habitat for the Rio Grande 
silvery minnow may include one or more of the following: (1) No action; 
(2) examining the entire Middle Rio Grande reach by reach; (3) 
designating the Pecos River in New Mexico; (4) designating the Pecos 
River in Texas; (5) designating the entire Rio

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Grande in New Mexico and Texas; and (6) designating the entire historic 
range in the Pecos River in New Mexico and Texas, and the Rio Grande in 
New Mexico and Texas. Because we have not completed the elements in the 
critical habitat process identified above (e.g., compiled and analyzed 
all new biological information on the species; determined what areas 
might require ``special management considerations or protections''; 
etc.) we do not know what the preferred alternative (the proposed 
action) or other alternatives might entail. Once identified, the 
alternatives will be carried forward into detailed analyses pursuant to 
the National Environmental Policy Act (NEPA) of 1969, as amended (42 
U.S.C. 432 et seq.).
    The Service is the lead Federal agency for compliance with NEPA for 
this action. The DEIS will incorporate public concerns in the analysis 
of impacts associated with the proposed action and associated project 
alternatives. The DEIS will be sent out for a minimum 45-day public 
review period, during which time comments will be solicited on the 
adequacy of the document. The Final EIS will address the comments 
received on the DEIS during public review, and will be furnished to all 
who commented on the DEIS, and made available to anyone who requests a 
copy.
    This notice is provided pursuant to regulations for implementing 
the National Environmental Policy Act of 1969 (40 CFR 1506.6).

    Dated: March 26, 2001.
Frank S. Shoemaker, Jr.,
Acting Regional Director, Region 2.
[FR Doc. 01-8465 Filed 4-4-01; 8:45 am]
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