[Federal Register Volume 63, Number 197 (Tuesday, October 13, 1998)]
[Proposed Rules]
[Pages 54660-54661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-27325]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AE86
Endangered and Threatened Wildlife and Plants; Reopening of
Comment Period on Proposed Endangered Status for Devils River Minnow
(Dionda diaboli)
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; reopening of comment period.
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SUMMARY: The U.S. Fish and Wildlife Service (Service) gives notice that
the comment period on the proposed determination of endangered status
for the Devils River minnow (Dionda diaboli) is reopened. This fish is
found in Val Verde and Kinney counties, Texas, and Coahuila, Mexico.
All interested parties are invited to submit comments on this proposal.
DATES: The comment period, which originally closed on July 27, 1998,
now closes November 12, 1998.
ADDRESSES: Written comments and materials concerning the proposal
should be sent to the Field Supervisor, Austin Ecological Services
Field Office, U.S. Fish and Wildlife Service, 10711 Burnet Road, Suite
200, Austin, Texas, 78758. Comments and materials received will be
available for public inspection, by appointment, during normal business
hours at the above address.
FOR FURTHER INFORMATION CONTACT: Nathan Allan, Fish and Wildlife
Biologist (see ADDRESSES section) (telephone 512/490-0057; facsimile
512/490-0974).
SUPPLEMENTARY INFORMATION:
Background
The current range of the Devils River minnow is limited to three
stream systems in Val Verde and Kinney counties, Texas, and one
drainage in Coahuila, Mexico. The species' range has been significantly
contracted and fragmented. In addition, the numbers of Devils River
minnows collected during fish surveys has declined dramatically over
the past 25 years; the species has declined from one of the most
abundant fish to one of the least abundant. Based on the current
information, the decline of the species in both distribution and
abundance may be attributed in large part to the effects of habitat
loss and modification and the introduction of nonnative fish into
habitats of the Devils River minnow.
On March 27, 1998, the Service published a proposed rule to list
the Devils River minnow as endangered under the Endangered Species Act
(Act) of 1973, as amended (63 FR 14885-14892). Section 4(b)(5)(E) of
the Act requires that a public hearing be held if requested within 45
days of the proposal's publication in the Federal Register. Because of
the past public interest in the listing of this species, the Service
opened the public comment period for 120 days and held a public hearing
on May 28, 1998, in Del Rio, Texas. A notice of the public hearing was
published in the Federal Register on May 14, 1998. Over 40 individuals
attended the hearing and made 19 oral comments. Also, a number of
written comments were received during the original comment period. All
of these comments will be considered in the final determination on
whether or not to add the species to the list of threatened and
endangered species.
The purpose of reopening the comment period at this time is to
accept public comments on the proposal to list the Devils River minnow
as an endangered species in light of new information that has been
received by the Service. New information on the distribution and
abundance of the species has been provided by the Texas Parks and
Wildlife Department (Department). In addition, a Conservation Agreement
for the Devils River minnow between the Service, the Department, and
the City of Del Rio was signed on September 2, 1998.
On May 28, 1998, biologists from the Department collected about 140
Devils River minnows from Phillips Creek. Phillips Creek is a small
tributary,
[[Page 54661]]
located on private land, entering the Devils River from the northeast,
about 2 miles downstream from the Highway 163 bridge (Baker's
Crossing). This site is a small spring-fed stream that does not provide
surface flow to the Devils River under normal conditions. No
information is available to indicate that fishes have ever been sampled
from this site in the past. This information provides significant
evidence confirming that the Devils River minnow still occurs in the
Devils River watershed. Additional surveys are needed to determine the
actual status of the species in the Devils River, but the confirmation
of the species in the drainage is important in ensuring that those
populations have not been lost.
The Service has been working with the Department, in cooperation
with local landowners, over the past year in an effort to develop a
conservation agreement that would expedite conservation measures needed
to ensure the continued existence of the species. Preliminary drafts of
the Conservation Agreement (Agreement) were made available to local
landowners for comments and a draft version was also distributed at the
Public Hearing. The Agreement was signed by the Service, the
Department, and the City of Del Rio on September 2, 1998. The Agreement
included a Conservation Strategy (Strategy) to describe the specific
procedures required for conservation of the Devils River minnow. In
making the final listing determination, the Service agreed to consider
the ongoing implementation of the conservation actions as described in
the Strategy. The Service will consider the effect of those actions on
removing threats to the species, as described in the proposed rule, in
making a final determination on this listing.
The ten conservation actions that were included in the Strategy
are: (1) Determine the current status of the Devils River minnow and
monitor changes; (2) Maintain genetically representative, captive
populations of Devils River minnow at two fish hatchery facilities for
reintroduction, and as insurance against extinction; (3) Reintroduce
Devils River minnows, reared in captive populations, in order to
reestablish populations in nature; (4) Continue and enhance protection
of the San Felipe Creek watershed; (5) Provide technical assistance to
landowners on riparian protection and management; (6) Review live bait
harvest and selling practices in the Devils River area to develop
methods and take appropriate actions (e.g., regulation, education) to
prevent the further establishment of exotic, aquatic species within the
historical range of Devils River minnow; (7) Document the abundance and
ranges of exotic fish in the Devils River, and San Felipe, Las Moras,
and Sycamore creeks; (8) Obtain and analyze changes in flow data for
the Devils River, and San Felipe, Las Moras, and Sycamore creeks; (9)
With progeny of the captive population, use a simulated environment to
determine ecological and life history requirements of the Devils River
minnow; and (10) Determine in situ predator/prey interactions between
smallmouth bass and the Devils River minnow.
The comment period on the proposal will remain open until November
12, 1998. Written comments may be submitted until that date to the
Service office in the ADDRESSES section.
Author the primary author of this notice is Nathan Allan (see
ADDRESSES section) (telephone 512/490-0057; facsimile 512/490-0974).
Authority
The authority for this action is the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.).
Dated: October 3, 1998.
Geoffrey S. Haskett,
Acting, Regional Director, Fish and Wildlife Service, Region 2.
[FR Doc. 98-27325 Filed 10-9-98; 8:45 am]
BILLING CODE 4310-55-P
