[Federal Register Volume 73, Number 36 (Friday, February 22, 2008)]
[Proposed Rules]
[Pages 9755-9756]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-3385]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[FWS-R2-ES-2008-0031; 92220-1113-0000-C3]
RIN 1018-AU68


Endangered and Threatened Wildlife and Plants; Establishment of a 
Nonessential Experimental Population of Rio Grande Silvery Minnow in 
the Big Bend Reach of the Rio Grande in Texas

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; notice of availability of draft environmental 
assessment; reopening of public comment period.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the 
reopening of the public comment period on the proposed rule and draft 
environmental assessment regarding our proposal to establish a 
nonessential experimental population of Rio Grande silvery minnow 
(Hybognathus amarus), a Federally listed endangered fish, into its 
historic habitat in the Big Bend reach of the Rio Grande in Presidio, 
Brewster, and Terrell counties, Texas.
    Comments previously submitted on the proposed rule or draft EA need 
not be resubmitted as they have been incorporated into the public 
record and will be fully considered in preparation of the final rule 
and final environmental assessment.

DATES: We will accept public comments received or postmarked on or 
before March 10, 2008.

ADDRESSES: You may submit comments by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     U.S. mail or hand-delivery: Public Comments Processing, 
Attn: RIN 1018-AU68; Division of Policy and Directives Management; U.S. 
Fish and Wildlife Service; 4401 N. Fairfax Drive, Suite 222; Arlington, 
VA 22203.
    We will not accept e-mail or faxes. We will post all comments on 
http://www.regulations.gov. This generally means that we will post any 
personal information you provide us (see the Public Comments Solicited 
section below for more information).

FOR FURTHER INFORMATION CONTACT: Adam Zerrenner, Field Supervisor, 
Austin Ecological Services Field Office, 10711 Burnet Road, Suite 200, 
Austin, TX 78758; telephone 512/490-0057; facsimile 512/490-0974. If 
you use a telecommunications device for the deaf (TDD), call the 
Federal Information Relay Service (FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION: 

Background and Additional Information

    We propose to reestablish the Rio Grande silvery minnow under 
section 10(j) of the Endangered Species Act of 1973, as amended (Act), 
and to classify it as a nonessential experimental population (NEP) (72 
FR 50918). On the Rio Grande, the geographic boundaries of the NEP 
would extend from Little Box Canyon downstream of Fort Quitman, 
Hudspeth County, Texas, through Big Bend National Park and the Rio 
Grande Wild and Scenic River, to Amistad Dam and the nearby railroad 
bridge (Big Bend reach of the Rio Grande). On the Pecos River, the 
geographic boundaries of the NEP would extend from the river's 
confluence with Independence Creek to its confluence with the Rio 
Grande. This proposed reestablishment is part of the recovery actions 
that the Service, Federal and State agencies, and other partners are 
conducting throughout the species' historic range. The proposed rule 
provides a plan for establishing the NEP and provides for limited 
allowable legal taking of Rio Grande silvery minnows within the defined 
NEP area. A draft environmental assessment (EA) has been prepared on 
this proposed action and is available for comment (see ADDRESSES 
section below).
    For background and other information on the proposed rule and draft 
EA, refer to our notice published in the Federal Register on September 
5, 2007 (72 FR 50918).

Public Comments Solicited

    On September 5, 2007, we published a proposed rule, notice of 
availability of a draft environmental assessment, and notice of a 
public hearing regarding our proposal to establish a nonessential 
experimental population of the Rio Grande silvery minnow in the Big 
Bend reach of the Rio Grande in Texas (72 FR 50918). We accepted public 
comments regarding the proposed rule and draft environmental assessment 
for 60 days, ending November 5, 2007. During the comment period, we 
held a public hearing on October 10, 2007, in Alpine, Texas. In 
response to requests from interested parties, we are reopening the 
comment period for an additional 15 days (see DATES) to offer all 
interested parties an opportunity to submit data and information to be 
considered in developing a final rule and final EA.
    We want the final rule to be as effective as possible and the final 
EA on the proposed action to evaluate all potential issues associated 
with this action. Therefore, we invite the public, Tribal and 
government agencies, the scientific community, industry, and other 
interested parties to submit comments or recommendations not previously 
submitted concerning any aspect of the proposed rule and the draft EA. 
Comments should be as specific as possible.
    To issue a final rule to implement this proposed action and to 
determine whether to prepare a finding of no significant impact or an 
environmental impact statement, we will take into consideration all 
comments and any additional information we receive. Such communications 
may lead to a final rule that differs from this proposal.
    You may submit your comments and materials concerning the proposed 
rule and draft EA by one of the methods listed in the ADDRESSES 
section. We will not accept comments sent by e-mail or fax or to an 
address not listed in the ADDRESSES section. We will not accept 
anonymous comments; your comments must include your first and last 
name, city, State, country, and postal (zip) code. Finally, we will not 
consider hand-delivered comments that we do not receive, or mailed 
comments that are not postmarked by the date specified in the DATES 
section. Comments must be submitted to http://www.regulations.gov 
before midnight (Eastern Standard Time) on the date specified in the 
DATES section.
    We will post your entire comment--including your personal 
identifying information--on http://www.regulations.gov. If you provide 
personal identifying information in addition to the required items 
specified on the previous paragraph, such as your street address, phone 
number, or e-mail address, you may request at the top of your document 
we withhold this information from public review. However, we cannot 
guarantee that we will be able to do so.
    Comments and materials we receive, as well as supporting 
documentation we used in preparing this proposed rule, will be 
available for public inspection on http://www.regulations.gov, or by

[[Page 9756]]

appointment, during normal business hours, at the U.S. Fish and 
Wildlife Service, Austin Ecological Services Field Office, 10711 Burnet 
Road, Suite 200, Austin, TX 78758; telephone 512/490-0057.
    You may obtain copies of the original proposed rule and the draft 
EA from the Austin Ecological Services Field Office at the address 
listed above or by visiting our Web site at http://www.fws.gov/southwest/es/AustinTexas/.

Author

    The primary author of this notice is the staff of the U.S. Fish and 
Wildlife Service's Austin Ecological Services Field Office.

Authority

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

     Dated: February 14, 2008.
Kenneth Stansell,
Acting Director,U.S. Fish and Wildlife Service.
[FR Doc. E8-3385 Filed 2-21-08; 8:45 am]
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