[Federal Register Volume 66, Number 114 (Wednesday, June 13, 2001)]
[Notices]
[Pages 31946-31947]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-14863]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Availability of the Final Environmental Assessment and Finding of 
No Significant Impact for Federal Agency Participation in the Virgin 
River Resource Management and Recovery Program

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability of a Final Environmental Assessment for 
Federal agency participation in the Virgin River Resource Management 
and Recovery Program.

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SUMMARY: This notice advises the public that a Finding of No 
Significant Impact (FONSI) and the Final Environmental Assessment (EA) 
for Federal agency participation in the Virgin River Resource 
Management and Recovery Program (Program) are available for public 
review. The purpose of the proposed Federal action described in the EA 
is to formally declare intent of the Fish and Wildlife Service, the 
Bureau of Land Management, and the National Park Service to participate 
in the multiagency program designed to implement recovery actions for 
two endangered fish species, the woundfin and the Virgin River chub, as 
well as conservation actions for the Virgin spinedace, a species being 
managed as sensitive by the State of Utah and subject of a conservation 
agreement. In addition to implementing recovery actions, the Program 
will facilitate resolution of conflicts between endangered species 
protection and water development in the Virgin River Basin in Utah. 
Other participants include the State of Utah Department of Natural 
Resources, the Washington County Water Conservancy District, and Grand 
Canyon Trust, a local nonprofit environmental conservation group.
    The EA addresses three alternatives: (A) A no action alternative 
for which the Federal agencies would not participate in the Program but 
would continue to administer and comply with the Endangered Species Act 
(Act) as previously done; (B) Federal agency participation in the 
Program which describes a process for administration and compliance 
with the Act that provides for full implementation of recovery and 
conservation actions for the protected fish species, as well as 
providing a mechanism for section 7 compliance of the Act that reduces 
conflict in the Utah portion of the Virgin River basin; and (C) Federal 
agency participation in a basinwide recovery program that includes 
implementation of the Program in Arizona and Nevada, as well as Utah. 
Based on the Finding of No Significant Impact, the U.S. Fish and 
Wildlife Service has determined that the proposed action is not a major 
Federal action which would significantly affect the quality of the 
human environment within the meaning of section 102(2)(c) of the 
National Environmental Policy Act of 1969.

DATES: Copies of the Final EA and FONSI will be mailed to affected 
Government offices and interested parties who specifically requested 
them. Those interested persons not on the EA mailing list may request a 
copy from the Project Leader at the address below. Written comments 
must be received on or before July 13, 2001.
    All comments received will become part of the official public 
record. Requests for such comments will be handled in accordance with 
the Freedom of Information Act and the Council on Environmental 
Quality's National Environmental Policy Act Regulations (40 CFR 
1506.6). When requested, comment letters with the names and addresses 
of the individuals who wrote the comments will generally be provided in 
response to such requests to the extent permissible by law. Individual 
respondents may request that we withhold their home address from the 
record, which we will honor to the extent allowable by law. If you wish 
to withhold your name and/or address, you must state this prominently 
at the beginning of your comments.

ADDRESSES: Written comments should be addressed to the Field 
Supervisor, Utah Ecological Services Field Office, Lincoln Plaza, 145 
East 1300 South State Street, Suite 404, Salt Lake City, Utah 84115. 
All comments and material received will be available upon request for 
public inspection, by appointment, during normal business hours at the 
above address.

FOR FURTHER INFORMATION CONTACT: Mr. Henry R. Maddux, Utah Field 
Supervisor (see ADDRESSES above), or at 801-524-5001 extension 126.

SUPPLEMENTARY INFORMATION:

Background

    The woundfin was listed as endangered on October 13, 1970 (35 FR 
16047). The Virgin River chub was listed as endangered on August 24, 
1989 (54 FR 35305). The Virgin River Fishes Recovery Plan (VRFRP), 
which included recovery of both woundfin and Virgin River chub, was 
finalized in 1995. Critical Habitat was designated for these two 
species on January 26, 2000 (65 FR 4140). The Virgin spinedace was 
proposed for listing as endangered on May 18, 1994 (59 FR 25875). The 
Virgin Spinedace Conservation Agreement and Strategy (VSCAS) to 
eliminate or reduce impacts threatening the continued existence of 
Virgin spinedace was finalized on April 11, 1995, and subsequently, the 
proposal to list was withdrawn on February 6, 1996 (61 FR 44010). All 
three of these fish species are endemic to the Virgin River basin 
through Utah, Arizona, and Nevada. The southwestern willow flycatcher 
is a neotropical migratory bird listed as endangered on February 27, 
1995 (60 FR 10693) that seasonally occupies sites along the Virgin 
River and throughout the desert southwest. In addition, the Virgin 
River basin retains a diversity of native desert animal and plant 
species, many of which are declining due to impacts from human 
development in the area.
    Despite Federal listing of two fish species, implementation of 
recovery actions in the Virgin River to benefit endangered fish have 
been minimal due to limited funding for recovery over the past 25 
years. Furthermore, conflicts have arisen between water development 
interests and those managing for protection of native species that rely 
on the river environment. Specifically, contention between the local 
environmental community and local water developers over operations of 
the Quail Creek Diversion in the Virgin River near Hurricane, Utah, led 
to discordant relations and threats of litigation among the agencies 
and organizations interested in water use.
    To resolve this situation, the interested entities agreed to 
develop the Virgin River Resource Management and Recovery Program that 
would provide a mechanism to prioritize, fund, and implement recovery 
actions while allowing water development necessary to meet human needs 
in the Utah portion of the Virgin River basin. It is anticipated that 
the Program will not only provide recovery actions that are necessary 
to offset impacts from proposed development actions to the native 
protected species, but further lead to full recovery of the endangered 
fish species and conservation of the Virgin spinedace, as well as 
provide benefits to the endangered southwestern willow flycatcher.

[[Page 31947]]

    The Program will encompass the VRFRP and VSCAS so that actions 
identified in these documents can be funded, implemented, and evaluated 
for effectiveness. In addition, the Program will provide measures to 
offset proposed Federal project impacts during section 7 consultations 
in order to prevent future conflict over water development and minimize 
impacts of Federal projects on protected aquatic species. Goals and 
objectives of the Program are based on recovery of the endangered fish 
and conservation of Virgin spinedace in an environment of continuing 
water development. Although some impacts to native species are expected 
through future water development projects, recovery actions have been 
and will continue to be implemented in advance of project impacts such 
that the status of species and/or its habitat is expected to improve 
and remain greater than that necessary to offset anticipated impacts. A 
crediting system has been developed to assess, measure, and track 
benefits and impacts of projects and is designed to maintain measured 
benefits at a higher level than impacts so that the Program is always 
moving toward recovery and conservation of protected species.
    Although participation is limited to Utah portions of the Virgin 
River basin at this time, it is expected that the remaining portions of 
the Virgin River basin in Arizona and Nevada will be invited to 
participate in the Program in future years, as it becomes better 
established and demonstrates effectiveness.
    It is important to note that participation in this Program does not 
represent or guarantee legal authority for any water development 
project. Such projects must be evaluated individually as they are 
proposed and continue to be subject to all applicable Federal and State 
laws, including the National Environmental Policy Act and the 
Endangered Species Act. This EA is not intended to provide analysis for 
specific project impacts but rather analyzes only effects of Federal 
participation in the Program.

Author

    The primary author of this notice is Yvette K. Converse, U.S. Fish 
and Wildlife Service, 145 East 1300 South State Street, Suite 404, Salt 
Lake City, Utah 84115, 801-524-5001 extension 135.

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: May 30, 2001.
Duane K. McDermond,
Acting Regional Director, Denver, CO.

Finding of No Significant Impact--Federal Participation in the Virgin 
River Resource Management and Recovery Program

    The U.S. Fish and Wildlife Service, as lead agency, with the 
Bureau of Land Management and National Park Service as cooperating 
agencies, propose to participate in the Virgin River Resource 
Management and Recovery Program (Program). The Program will be a 
multiagency program designed to implement recovery actions for two 
endangered fish species, the woundfin and the Virgin River chub. It 
also will implement conservation actions for the Virgin spinedace, a 
species being managed as sensitive by the State of Utah and subject 
of a conservation agreement. In addition to implementing recovery 
actions, the Program will facilitate resolution of conflicts between 
endangered species protection and water development in the Virgin 
River Basin in Utah by providing actions to improve the status of 
these species so that proposed water development will not jeopardize 
these species existence or adversely modify their critical habitat. 
Other Program participants will be the State of Utah Department of 
Natural Resources, the Washington County Water Conservancy District, 
and Grand Canyon Trust, a local nonprofit environmental conservation 
group.
    An Environmental Assessment was prepared which addressed three 
alternatives: (A) a no action alternative whereby the Federal 
agencies would not participate in the Program but would continue to 
administer and comply with the Endangered Species Act (Act) as 
previously done; (B) Federal agency participation in the Program 
which describes a process for administration and compliance with the 
Act that provides for full implementation of recovery and 
conservation actions for the protected fish species, as well as 
providing a mechanism for section 7 compliance of the Act that 
reduces conflict in the Utah portion of the Virgin River basin; and 
(C) Federal agency participation in a basinwide recovery program 
that includes implementation of the Program in Arizona and Nevada, 
as well as Utah.
    Alternative B, the Preferred Alternative, will result in the 
most effective participation by Department of the Interior agencies, 
State and local agencies, and organizations to coordinate, direct, 
and fund recovery actions for imperiled aquatic fish species in the 
Basin in Utah. It also will facilitate implementation of the Virgin 
River Resource Management and Recovery Program that was developed by 
resource agencies in Utah.
    Based on my review and evaluation of the Environmental 
Assessment and supporting documentation, I have determined that 
Federal agency participation in the Virgin River Resource and 
Management Program is not a major Federal action which would 
significantly affect the quality of the human environment within the 
meaning of section 102(2)(c) of the National Environmental Policy 
Act of 1969. Accordingly, preparation of an environmental impact 
statement is not required.
    Dated: May 30, 2001.
Duane K. McDermond,
Acting Regional Director.
References: Environmental Assessment dated May 2000; Intra-Service 
Section 7 Consultation

[FR Doc. 01-14863 Filed 6-12-01; 8:45 am]
BILLING CODE 4310-55-P