95-1175. Endangered and Threatened Wildlife and Plants; Notice of 90-day Finding on the Petition To List the Sturgeon Chub and Sicklefin Chub as Endangered  

  • [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
    
    

Document Information

Published:
01/18/1995
Department:
Fish and Wildlife Service
Entry Type:
Proposed Rule
Action:
Notice of 90-day petition finding.
Document Number:
95-1175
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.
Pages:
3613-3615 (3 pages)
PDF File:
95-1175.pdf
CFR: (1)
50 CFR 17