[Federal Register Volume 60, Number 11 (Wednesday, January 18, 1995)]
[Proposed Rules]
[Pages 3613-3615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1175]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
Endangered and Threatened Wildlife and Plants; Notice of 90-day
Finding on the Petition To List the Sturgeon Chub and Sicklefin Chub as
Endangered
agency: Fish and Wildlife Service, Interior.
action: Notice of 90-day petition finding.
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summary: The U.S. Fish and Wildlife Service (Service) announces a 90-
day finding for a petition to list the sturgeon [[Page 3614]] chub
(Macrhybopsis gelida) and sicklefin chub (Macrhybopsis meeki) as
endangered under the Endangered Species Act of 1973, as amended. The
Service finds that with the petition and additional available
information there is substantial information provided to indicate that
listing the two species as endangered may be warranted.
dates: The finding announced in this document was made on December 29,
1994. To be considered in the 12-month finding for this petition,
information and comments should be submitted to the Service by April
18, 1995.
addresses: Data, information, comments, or questions concerning this
petition should be submitted to the Field Supervisor, U.S. Fish and
Wildlife Service, 1500 East Capitol Avenue, Bismarck, North Dakota
58501. The petition finding, supporting data, and comments are
available for public inspection, but appointment, during normal
business hours, at the above address.
for further information contact: Mark Dryer, biologist, at the above
address or telephone (701) 250-4491.
SUPPLEMENTARY INFORMATION:
Background
Section 4(b)(3)(A) of the Endangered Species Act (Act) of 1973, as
amended (16 U.S.C. 1531 et seq.), requires that the Service make a
finding on whether a petition to list, delist, or reclassify a species
presents substantial scientific or commercial information to
demonstrate that the petitioned action may be warranted. This finding
is to be based on all information available to the Service at the time
the finding is made. To the maximum extent practicable, this finding is
to be made within 90 days of the date the petition was received, and a
notice regarding the finding is to be published promptly in the Federal
Register. If the finding is that substantial information was presented,
the Service also is required to promptly commence a review of the
status of the species involved if one has not already been initiated
under the Service's internal candidate assessment process.
The Service initiated a status review for the sturgeon chub
(Macrhybopsis gelida) and sicklefin chub (Macrhybopsis meeki) when it
categorized the two species as category 2 candidate species in the 1991
Animal Notice of Review (56 FR 58804). This notice meets the
requirement that a notice be published for a 90-day finding made
earlier for the petition discussed below.
On August 8, 1994, the Service received a petition dated August 4,
1994, that was submitted by the Environmental Defense Fund and was
jointly signed by American Rivers, Mni Sose Intertribal Water Rights
Coalition, National Audubon Society, and Nebraska Audubon Council to
list the sturgeon chub and sicklefin chub as endangered pursuant to the
Act. The petitioners assert that the sturgeon chub and sicklefin chub
populations should be listed as endangered species because of the
species' inability to adapt to human-induced alterations of the
Missouri River. They indicate that sturgeon chub and sicklefin chub are
physically adapted through evolution to live in a turbid, swift flowing
river. Alterations described by the petitioner include impoundments,
channelization, and removal of snags. The petitioners indicate that
those alterations have detrimentally impacted the fishes' spawning and
feeding habitat by changing the natural hydrograph and water
temperatures, short-stopping movement of sediment which reduced
turbidity, and reducing the amount of organic matter in the Missouri
River (Hesse 1994).
The sturgeon chub and sicklefin chub are both endemic to the
mainstem and large tributaries of the Missouri River and Mississippi
River. The sicklefin chub has historically been located in 13 States--
Arkansas, Illinois, Iowa, Kansas, Kentucky, Louisiana, Mississippi,
Missouri, Montana, Nebraska, North Dakota, South Dakota, and Tennessee.
Current populations have only been recorded in the States of Missouri,
Nebraska, Montana, and North Dakota (USFWS 1993b). The sturgeon chub
has historically been located in the above 13 States plus Wyoming.
Current populations have only been recorded in States of Missouri,
Montana, Nebraska, North Dakota, and Wyoming (USFWS 1993a).
Listing Factors
The following is a summary and discussion of the five listing
criteria as set forth in section 4(a)(1) of the Act and regulations (50
CFR Part 424) promulgated to implement the listing provisions of the
Act and their applicability to the current status of the sturgeon chub
and sicklefin chub.
A. The present or threatened destruction, modification, or
curtailment of the species habitat or range. Water development projects
have impacted sturgeon chub and sicklefin chub populations as described
by the petitioners. Reservoirs flooded river habitat, altered
temperature and flow regimes, and reduced sediment transport and
turbidity. Dams fragmented populations and restricted movement.
Channelization straightened and narrowed river habitat, reduced habitat
diversity, and reduced overbank flooding. Pollution and water depletion
from industry and agriculture may have altered water quality. Sand and
gravel extraction operations have removed habitat and restricted fish
movement in some areas.
Future water depletions are likely to result from energy
developments in the Upper Missouri River Basin. Other water demands may
result from interbasin diversions and increased municipal, industrial,
and irrigation usage. Dredging for channel maintenance and sand/gravel
extraction will continue in new areas.
B. Overutilization for commercial, sporting, scientific, or
educational purposes. None known. However, removal of individuals from
the wild could have and may continue to be occurring from harvest of
bait fish.
C. Disease or predation. No diseases are currently known to
threaten the species. Predation has likely increased over historic
levels due to stockings of piscivorous fish into the reservoirs and
remaining riverine sections. Future introductions of nonnative fish and
other organisms may threaten sturgeon chub and sicklefin chub through
predation.
D. Inadequacy of existing regulatory mechanisms. Federal Category 1
candidate species status provides no legal protection for the species.
Sturgeon chub are classified as either threatened or endangered by
Kansas and South Dakota and as a species of special concern by
Kentucky, Missouri, Montana, Nebraska, North Dakota, Wyoming, and
Tennessee. There is no classification on sturgeon chub by Arkansas,
Iowa, Illinois, Louisiana, and Mississippi. Sicklefin chub are
classified as either threatened or endangered by Kansas and South
Dakota and as a species concern by Kentucky, Missouri, Montana,
Nebraska, North Dakota, and Tennessee. There is no classification on
sicklefin chub by Arkansas, Iowa, Illinois, Louisiana, and Mississippi.
E. Other natural or manmade mechanisms. Severe drought in the early
1990's may have eliminated sturgeon chub from some Missouri River
tributaries and may reoccur and impact additional tributary
populations. Sturgeon chub populations in the mainstem Missouri River
may be too small and too widespread to naturally recolonize these
tributaries even though suitable habitat may still exist in them.
Tributaries that now flow into reservoirs may never naturally
recolonize. Similar impacts may have occurred to sicklefin
[[Page 3615]] chub populations, but it has been reported (USFWS 1993a,
1993b).
Pressures on both species likely resulted from the competition
created by stocking large numbers of numerous species of nonnative fish
into reservoirs that were created and the remaining riverine sections
of historical habitat. This perceived competition is likely still
occurring and will continue in the future.
Finding
The Service has reviewed the petition, as well as other available
information, published and unpublished studies and reports, and agency
files. On the basis of the best scientific and commercial information
available, the Service finds that there is sufficient information to
indicate that the petitioned action may be warranted. The Service
believes that the reduced distribution of the two chubs is due mainly
to the destruction and modification of habitat and predation and
competition from nonnative fish as described above under the listing
factors.
The Service's 90-day finding contains more detailed information
regarding the above decisions. A copy may be obtained from the
Service's Bismarck Office (see ADDRESSES above).
References Cited
Hesse, L.W. 1994. The status of Nebraska fishes in the Missouri
River, selected chubs and minnows: sicklefin chub, sturgeon chub,
flathead chub, silver chub, speckled chub, plains minnow, and
Western silvery minnow. Transactions of the Nebraska Academy of
Sciences, Vol. 21, in print.
U.S. Fish and Wildlife Service (USFWS). 1993a. Status report on
sicklefin chub (Macrhybopsis meeki), a candidate endangered species.
U.S. Fish and Wildlife Service, Bismarck, North Dakota. 41 pp.
U.S. Fish and Wildlife Service (USFWS). 1993b. Status report on
sturgeon chub (Macrhybopsis gelida), a candidate endangered species.
U.S. Fish and Wildlife Service, Bismarck, North Dakota. 58 pp.
Author: This document was prepared by Mark Dryer (see ADDRESSES
section).
Authority: The authority for this action is the Endangered
Species Act of 1973 (16 U.S.C. 1531-1544 et seq.).
Dated: December 29, 1994.
Mollie H. Beattie,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 95-1175 Filed 1-17-95; 8:45 am]
BILLING CODE 4310-55-M