[Federal Register Volume 62, Number 15 (Thursday, January 23, 1997)]
[Proposed Rules]
[Pages 3493-3495]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-1602]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AA98
Endangered and Threatened Wildlife and Plants; Notice of
Reopening of Comment Period on Reports and Other Data Pertaining to the
Listing of the Bruneau Hot Springsnail
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of reopening of public comment period.
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SUMMARY: The U.S. Fish and Wildlife Service (Service) gives notice that
the comment period on reports and other data pertaining to the listing
of the Bruneau hot springsnail (Pyrgulopsis bruneauensis) is reopened.
A notice of availability that opened the original public comment period
was published on September 12, 1995 (60 FR 47339). The Service extended
the comment period until December 15, 1995, in a notice published on
November 13, 1995 (60 FR 56976). The Service hereby reopens the comment
period and solicits new information and public comment on all
information and data received since the listing of the species in 1993.
DATES: The comment period is reopened until March 10, 1997. Any
comments and materials received by the closing date will be considered
in the final determination.
ADDRESSES: Comments and materials concerning the reports and other
information pertaining to the listing of the Bruneau hot springsnail
should be submitted to the U.S. Fish and Wildlife Service, Snake River
Basin Office, 1387 South Vinnell Way, Room 368, Boise, Idaho 83709.
Reports and other data cited in this notice, and public comments and
other materials received will be available for public inspection during
normal business hours at the above address.
FOR FURTHER INFORMATION CONTACT:
Robert Ruesink, Supervisor, at the address listed above (telephone 208/
378-5243, facsimile 208/378-5262).
SUPPLEMENTARY INFORMATION:
Background
On January 25, 1993, the Service published a final rule in the
Federal Register determining the Bruneau hot springsnail (Pyrgulopsis
bruneauensis) to be an endangered species (58 FR 5946). In its decision
to list the springsnail the Service relied, in part, on a provisional
draft of a U.S. Geological Survey (USGS) report (Berenbrock 1992)
analyzing the hydrology of the geothermal aquifer in the Bruneau Valley
area. The USGS provided the Service with the draft report, but did not
release it to the public and requested that the Service not release the
report to the public, pending agency review and approval.
On May 7, 1993, the Idaho Farm Bureau Federation, Owyhee County
Farm Bureau, Idaho Cattleman's Association, and Owyhee County Board of
Supervisors challenged the listing decision on several grounds in a
lawsuit filed in United States District Court for the District of
Idaho. The plaintiffs argued that the Service committed a number of
procedural errors during the listing process, including not allowing
the public to review the draft USGS report. On December 14, 1993 the
district court determined that the Service committed several procedural
errors and set aside the final rule listing the springsnail as an
endangered species.
The district court decision was appealed to the United States Court
of Appeals for the Ninth Circuit by two intervening conservation
groups, the Idaho Conservation League and Committee for Idaho's High
Desert. On June 29, 1995, the appellate court overturned the district
court decision
[[Page 3494]]
and reinstated the Bruneau hot springsnail to the endangered species
list. However, the appellate court concluded that the Service should
have made the draft USGS report (i.e., Berenbrock 1992) available for
public review, as the Service relied largely on this report to support
the final listing rule. The appellate court directed the Service to
provide an opportunity for public comment on the final USGS report and
to reconsider its listing decision.
To comply with the court's direction, the Service announced that
the Berenbrock (1992) report, and other reports and data pertaining to
the listing of the springsnail were available for public comment until
November 13, 1995, in a notice published on September 12, 1995 (60 FR
47339). Because of a request from Susan E. Buxton on behalf of her
client (John B. Urquidi, J & J Ranches, Bruneau, Idaho), the Service
extended the public comment period until December 15, 1996, in a notice
published on November 13, 1995 (60 FR 56976). Nearly 400 comments were
received from individuals and agencies during the public comment
period.
Because of a moratorium on final listing actions from April 10,
1995, until April 26, 1996 (Pub. L. 104-6), the Service was unable to
comply with the June 1995 court decision and issue its reconcideration
listing decision. In anticipation of the end of the moratorium and
after it was lifted, the Service issued interim guidance on March 11,
1996 (61 FR 9651), final guidance for fiscal year 1996 on May 16, 1996
(61 FR 24722), and final guidance for fiscal year 1997 on December 5,
1996 (61 FR 64475), regarding the setting of priorities for various
listing actions. These guidance documents focused the Service's limited
funding on emergency actions, and final rules for imminently and highly
threatened species, and for multi-species packages. Consequently, the
Service took no action on the springsnail during fiscal year 1996.
Though listing priorities now allow the Service to take final action on
this court decision, it has been over 1 year since the close of the
last public comment period. Therefore, the Service is now soliciting
additional comments and making available for public review new
information and other data pertaining to the listing of the Bruneau hot
springsnail received since the last comment period.
Available Reports and Data
In addition to the draft USGS report, which was finalized in August
1993 (i.e., Berenbrock 1993), the Service listed 13 additional reports
and documents in its past notices (60 FR 47339 and 60 FR 56976) that
are pertinent to the listing decision and were received since the
original listing rule was published on January 25, 1993. Moreover, the
Service received 5 additional reports or letters pertinent to this
listing decision since the close of the public comment period on
December 15, 1995. The following combined list of reports and letters
contained in Service files, including other non-cited information, are
available for public review and comment:
Berenbrock, C. 1992. Effects of well discharges on hydraulic heads in
and spring discharges from the geothermal aquifer system in the Bruneau
area, Owyhee County, southwestern Idaho. U.S. Geological Survey, Water-
Resources Investigations, Boise, Idaho. Preliminary report.
Berenbrock, C. 1993. Effects of well discharges on hydraulic heads in
and spring discharges from the geothermal aquifer system in the Bruneau
area, Owyhee County, southwestern Idaho. U.S. Geological Survey, Water-
Resources Investigations Report 93-4001, Boise, Idaho.
Bruneau Valley Coalition, Inc. 1995. Habitat maintenance and
conservation plan for the Bruneau hot springsnail, January, 1995.
Unpublished plan.
Bruneau Valley Coalition, Inc. 1995. Proposed amendment to the
``Threatened and Endangered Species'' section of the Interim
Comprehensive Land Use Plan for the federally and state managed lands
in Owyhee County. Unpublished amendment.
Idaho Water Resources Research Institute. 1994. Bruneau hot springs
aquifer restoration report: A preproposal. Unpublished report,
University of Idaho, Moscow, Idaho.
Lee, J.A. 1994. Summary report for the control survey of the Bruneau
hot springsnail. Unpublished report, Bureau of Land Management, Boise
District Office, Boise, Idaho.
Mladenka, G.C. 1993. Report on the 1993 Bruneau hot springsnail site
survey. Unpublished report.
Mladenka, G.C. 1995. Bruneau hot springs invertebrate survey.
Unpublished report, Stream Ecology Center, Idaho State University,
Pocatello, Idaho.
Mladenka, G.C. and G.W. Minshall. 1996. Report on the 1996 Bruneau hot
springsnail site survey. Unpublished report.
Royer, T.V. and G.W. Minshall. 1993. 1993 Annual Monitoring Report:
Bruneau hot springsnail (Pyrgulopsis bruneauensis). Unpublished report,
Stream Ecology Center, Idaho State University, Pocatello, Idaho.
U.S. Geological Survey. 1993. Unpublished letter addressing error in
estimating natural recharge to geothermal aquifer system, and status of
Bruneau-area ground water-levels and spring discharges. Boise, Idaho.
U.S. Geological Survey. 1995a. Unpublished letter summarizing results
of Bruneau-area ground water-level and spring discharge monitoring data
through December 1994. Boise, Idaho.
U.S. Geological Survey. 1995b. Unpublished letter commenting on Idaho
Water Resources Research Institute's report and summarizing
provisional, spring discharge data collected from June 1994 through
July 1995 from three hot springs above Hot Creek, Idaho.
U.S. Geological Survey. 1996a. Unpublished letter summarizing Bruneau-
area ground water-level and spring discharge monitoring data collected
through January 1996. Boise, Idaho.
U.S. Geological Survey. 1996b. Annual report summarizing results of
Bruneau-area ground water-level and spring discharge monitoring through
June 1996. Boise, Idaho.
U.S. Geological Survey. 1996c. Annual report summarizing results of
Bruneau-area ground water-level and spring discharge monitoring through
September 1996. Boise, Idaho.
Varricchione, J.T. and G.W. Minshall. 1995. 1994 Monitoring Report:
Bruneau hot springsnail (Pyrgulopsis bruneauensis). Technical Bulletin
No. 95-14, Idaho Bureau of Land Management.
Varricchione, J.T. and G.W. Minshall. 1995. Gut content analysis of
wild Gambusia and Tilapia in Hot Creek, Bruneau, Idaho. Unpublished
report, Idaho State University, Pocatello, Idaho.
Varricchione, J.T. and G.W. Minshall. 1996. 1995 Monitoring Report:
Bruneau hot springsnail (Pyrgulopsis bruneauensis). Idaho Bureau of
Land Management Technical Bulletin No. 96-8. Stream Ecology Center,
Idaho State University, Pocatello, Idaho.
Authority
The authority for this action is the Endangered Species Act, as
amended (16 U.S.C. 1531-1544.)
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
[[Page 3495]]
recordkeeping requirements, Transportation.
Dated: January 14, 1997
H. Dale Hall,
Acting Regional Director, Region 1, U.S. Fish and Wildlife Service.
[FR Doc. 97-1602 Filed 1-22-97; 8:45 am]
BILLING CODE 4310-55-P
