[Federal Register Volume 64, Number 237 (Friday, December 10, 1999)]
[Proposed Rules]
[Pages 69324-69355]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32019]
[[Page 69323]]
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Part II
Department of the Interior
_______________________________________________________________________
Fish and Wildlife Service
_______________________________________________________________________
50 CFR Part 17
Endangered and Threatened Wildlife and Plants; Proposed Designation of
Critical Habitat for the Spikedace and the Loach Minnow; Proposed Rule
Federal Register / Vol. 64, No. 237 / Friday, December 10, 1999 /
Proposed Rules
[[Page 69324]]
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AF76
Endangered and Threatened Wildlife and Plants; Proposed
Designation of Critical Habitat for the Spikedace and the Loach Minnow
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose
designation of critical habitat pursuant to the Endangered Species Act
of 1973, as amended (Act), for the spikedace (Meda fulgida) and the
loach minnow (Tiaroga = (Rhinichthys) cobitis). This proposal is made
in response to a court order in Southwest Center for Biological
Diversity v. Clark CIV 98-0769 M/JHG, directing us to complete
designation of critical habitat for the spikedace and loach minnow by
February 17, 2000.
We are proposing as critical habitat a total of approximately 1,443
kilometers (km) (894 miles (mi)) of rivers and creeks for the two
species. The entire designation is proposed as critical habitat for the
loach minnow, and approximately 1,325 km (822 mi) of those miles are
also proposed as critical habitat for the spikedace. Proposed critical
habitat includes portions of the Gila, San Francisco, Blue, Black,
Verde, and San Pedro rivers, and some of their tributaries, in Apache,
Cochise, Gila, Graham, Greenlee, Pima, Pinal, and Yavapai Counties in
Arizona; and Catron, Grant, and Hidalgo Counties in New Mexico.
If this proposed rule is finalized, Federal agencies proposing
actions that may affect the areas designated as critical habitat must
consult with us on the effects of the proposed actions, pursuant to
section 7(a)(2) of the Act.
DATES: We will consider all comments on the rule, the draft Economic
Analysis, and draft Environmental Assessment received from interested
parties by January 14, 2000. We will hold public hearings in Thatcher,
Arizona, and Silver City, New Mexico on December 15, 1999, and in Camp
Verde, Arizona, on December 16, 1999.
ADDRESSES: 1. Send your comments on the rule, the draft Economic
Analysis, and draft Environmental Assessment to the Arizona Ecological
Services Office, U.S. Fish and Wildlife Service, 2321 W. Royal Palm
Road, Suite 103, Phoenix, Arizona 85021.
2. The complete file for this rule will be available for public
inspection, by appointment, during normal business hours at the Arizona
Ecological Services Office, U.S. Fish and Wildlife Service, 2321 W.
Royal Palm Road, Suite 103, Phoenix, Arizona 85021.
3. We will hold the Thatcher hearing at Eastern Arizona College
Activity Center, Lee Little Theater, 1014 N. College Avenue, Thatcher,
Arizona. We will hold the Silver City hearing at Western New Mexico
University, White Hall Auditorium, 1000 College Street, Silver City,
New Mexico. We will hold the Camp Verde hearing at the Camp Verde
Unified Schools Multi-Use Complex Theater, 280 Camp Lincoln Road, Camp
Verde, Arizona. We will start all hearings promptly at 7:00 p.m. and
end them no later than 9:00 p.m.
FOR FURTHER INFORMATION CONTACT: Field Supervisor, Arizona Ecological
Services Office, at the above address; telephone 602/640-2720,
facsimile 602/640-2730.
SUPPLEMENTARY INFORMATION:
Background
Spikedace
The spikedace is a small, slim fish less than 80 millimeters (mm)
(3 inches (in)) long. It is characterized by very silvery sides and by
spines in the dorsal and pelvic fins (Minckley 1973). This species is
found in moderate to large perennial streams, where it inhabits shallow
riffles with sand, gravel, and rubble substrates and moderate to swift
currents as well as swift pools over sand or gravel substrates (Barber
et al. 1970; Propst et al. 1986; Rinne 1991). Specific habitat for this
species consists of shear zones where rapid flow borders slower flow,
areas of sheet flow at the upper ends of mid-channel sand/gravel bars;
and eddies at downstream riffle edges (Propst et al. 1986; Rinne and
Kroeger 1988). Recurrent flooding and a natural hydrograph (physical
conditions, boundaries, flow, and related characteristics of waters)
are very important in maintaining the habitat of spikedace and in
helping the species maintain a competitive edge over invading nonnative
aquatic species (Propst et al. 1986; Minckley and Meffe 1987).
The spikedace was first collected in 1851 from the Rio San Pedro in
Arizona and was described from those specimens in 1856 by Girard. It is
the only species in the genus Meda. The spikedace was once common
throughout much of the Gila River basin, including the mainstem Gila
River upstream of Phoenix, and the Verde, Agua Fria, Salt, San Pedro,
and San Francisco subbasins. It occupies suitable habitat in both the
mainstream reaches and moderate-gradient perennial tributaries, up to
about 2,000 meters (m) (6,500 feet (ft)) elevation (Miller 1960;
Chamberlain 1904; Gilbert and Scofield 1898; Cope and Yarrow 1875).
Habitat destruction and competition and predation by nonnative
aquatic species have severely reduced its range and abundance. It is
now restricted to approximately 445 km (276 mi) of stream in portions
of the upper Gila River (Grant, Catron, and Hidalgo Counties, NM),
middle Gila River (Pinal County, AZ), lower San Pedro River (Pinal
County, AZ), Aravaipa Creek (Graham and Pinal Counties, AZ), Eagle
Creek (Graham and Greenlee Counties, AZ), and the Verde River (Yavapai
County, AZ) (Anderson 1978; Jakle 1992; Sublette et al. 1990; Bestgen,
1985; Marsh et al. 1990; Bettaso et al. 1995; Propst et al. 1986;
Propst et al. 1985; Stefferud and Rinne 1996). Its present range is
only about 10-15 percent of the historical range, and the status of the
species within occupied areas ranges from common to very rare. At
present, the species is common only in Aravaipa Creek and some parts of
the upper Gila River in New Mexico.
Loach Minnow
The loach minnow is a small, slender, elongated fish less than 80
mm (3 in.) long. It is olivaceous in color with an oblique (slanting)
terminal mouth and eyes markedly directed upward (Minckley 1973). This
species is found in small to large perennial streams, using shallow,
turbulent riffles with primarily cobble substrate and swift currents
(Minckley 1973; Propst and Bestgen 1991; Rinne 1989; Propst et al.
1988). Loach minnow uses the spaces between, and in the lee of, larger
substrate for resting and spawning. It is rare or absent from habitats
where fine sediments fill the interstitial spaces (small, narrow spaces
between rocks or other substrate) (Propst and Bestgen 1991). Recurrent
flooding and a natural hydrograph are very important in maintaining the
habitat of loach minnow and in helping the species maintain a
competitive edge over invading nonnative aquatic species (Propst et al.
1986; Propst and Bestgen 1991).
The loach minnow was first collected in 1851 from the Rio San Pedro
in Arizona and was described from those specimens in 1865 by Girard.
The loach minnow was once locally common throughout much of the Gila
River basin, including the mainstem Gila River upstream of Phoenix, and
the
[[Page 69325]]
Verde, Salt, San Pedro, and San Francisco subbasins. It occupies
suitable habitat in both the mainstream reaches and moderate-gradient
perennial tributaries, up to about 2,500 m (8,200 ft) elevation.
Habitat destruction and competition and predation by nonnative aquatic
species have severely reduced its range and abundance. It is now
restricted to approximately 645 km (400 mi) of stream in portions of
the upper Gila River (Grant, Catron, and Hidalgo Counties, NM), the San
Francisco and Tularosa Rivers and their tributaries Negrito and
Whitewater Creeks (Catron County, NM), the Blue River and its
tributaries Dry Blue, Campbell Blue, Little Blue, Pace, and Frieborn
Creeks (Greenlee County, AZ and Catron County, NM), Aravaipa Creek and
its tributaries Turkey and Deer Creeks (Graham and Pinal Counties, AZ),
Eagle Creek (Graham and Greenlee Counties, AZ), the White River
(Apache, Gila, and Navajo Counties, AZ), and the Black River (Apache
and Greenlee Counties, AZ) (Bagley et al. 1998; Bagley et al. 1996;
Barber and Minckley 1966; Bettaso et al. 1995; Britt 1982; Leon 1989;
Marsh et al. 1990; Propst 1996; Propst and Bestgen 1991; Propst et al.
1985; Springer 1995). The present range is only 15-20 percent of its
historical range, and the status of the species within occupied areas
ranges from common to very rare. At present, the species is common only
in Aravaipa Creek, the Blue River, and limited portions of the San
Francisco, upper Gila, and Tularosa Rivers in New Mexico.
Previous Federal Actions
The spikedace was included as a Category 1 candidate species in our
December 30, 1982, Vertebrate Notice of Review (47 FR 58454). Category
1 included those taxa for which we had substantial biological
information to support listing the species as endangered or threatened.
We were petitioned on March 14, 1985, by the American Fisheries Society
(AFS) and on March 18, 1985, by the Desert Fishes Council (DFC) to list
the spikedace as threatened. Because the species was already under
active petition by AFS, the DFC petition was considered a letter of
comment. Our evaluation of the AFS petition revealed that the
petitioned action was warranted, and we published a proposed rule to
list this species as threatened with critical habitat on June 18, 1985
(50 FR 25390). We published the final rule listing the spikedace as a
threatened species on July 1, 1986 (51 FR 23769). We did not finalize
the proposed critical habitat designation at the time of listing but
postponed the designation to allow us to gather and analyze economic
data, in compliance with section 4(b)(2) of the Act.
We included the loach minnow as a Category 1 candidate species in
the December 30, 1982, Vertebrate Notice of Review (47 FR 58454). On
June 18, 1985 (50 FR 25380) we published a proposed rule to list this
species as threatened with critical habitat. We published the final
rule listing the loach minnow as a threatened species on October 28,
1986 (51 FR 39468). We did not finalize the proposed critical habitat
designation at the time of listing but postponed the designation to
allow us to gather and analyze economic data.
Section 4(a)(3) of the Act requires that, to the maximum extent
prudent and determinable, the Secretary designate critical habitat at
the time a species is determined to be endangered or threatened. Our
regulations (50 CFR 424.12(a)(2)) state that critical habitat is not
determinable if information sufficient to perform required analyses of
the impacts of the designation is lacking or if the biological needs of
the species are not sufficiently well known to permit identification of
an area as critical habitat. At the time of listing of the spikedace
and loach minnow, we found that critical habitat was not determinable
because we had insufficient information to perform the required
analyses of the impacts of the designation. As part of a settlement
order of January 18, 1994, in Greater Gila Biodiversity Project v. U.S.
Fish and Wildlife Service CIV 93-1913 PHX/PGR, we finalized critical
habitat designation for both the spikedace and loach minnow on March 8,
1994 (59 FR 10906 and 10898 respectively).
Critical habitat for spikedace and loach minnow was set aside by
court order in Catron County Board of Commissioners, New Mexico v. U.S.
Fish and Wildlife Service CIV No. 93-730 HB (D.N.M., Order of October
13, 1994). The court cited our failure to analyze the effects of
critical habitat designation under the National Environmental Policy
Act (NEPA) as its basis for setting aside critical habitat for the two
species. The United States District Court for the District of Arizona
recognized the effect of the Catron County ruling as a matter of comity
in the Southwest Center for Biological Diversity v. Rogers CV 96-018-
TUC-JMR (D. Ariz., Order of December 28, 1996). As a result of these
court rulings, we removed the critical habitat description for
spikedace and loach minnow from the Code of Federal Regulations on
March 25, 1998 (63 FR 14378).
On September 20, 1999, the United States District Court for the
District of New Mexico, Southwest Center for Biological Diversity v.
Clark, CIV 98-0769 M/JHG, ordered us to complete designation of
critical habitat for the spikedace and loach minnow by February 17,
2000.
We completed final recovery plans for spikedace and loach minnow in
1991 (Service 1991a, 1991b). We developed those plans under the
oversight of the Desert Fishes Recovery Team and other biologists
familiar with the species. This proposed rule is based, in part, on
recommendations offered in those recovery plans.
Critical Habitat
Critical habitat is defined in section 3(5)(A) of the Act as--(i)
the specific areas within the geographic area occupied by a species, at
the time it is listed in accordance with the Act, on which are found
those physical or biological features (I) essential to the conservation
of the species and (II) that may require special management
considerations or protection and; (ii) specific areas outside the
geographic area occupied by a species at the time it is listed, upon a
determination that such areas are essential for the conservation of the
species. The term ``conservation,'' as defined in section 3(3) of the
Act, means ``to use and the use of all methods and procedures which are
necessary to bring any endangered species or threatened species to the
point at which the measures provided pursuant to this Act are no longer
necessary'' (i.e., the species is recovered and removed from the list
of endangered and threatened species).
Section 4(b)(2) of the Act requires that we base critical habitat
proposals upon the best scientific and commercial data available,
taking into consideration the economic impact, and any other relevant
impact, of specifying any particular area as critical habitat. We can
exclude areas from critical habitat designation if we determine that
the benefits of exclusion outweigh the benefits of including the areas
as critical habitat, provided the exclusion will not result in the
extinction of the species.
A. Proposed Critical Habitat Designation
In proposing critical habitat for spikedace and loach minnow, we
reviewed the overall approach to the conservation of the species
undertaken by local, State, Tribal, and Federal agencies and private
individuals and organizations since the species' listing in 1986. We
also considered the
[[Page 69326]]
measures identified as necessary for recovery, as outlined in the
species' recovery plans. Additionally, we solicited information from
knowledgeable biologists and recommendations from the Desert Fishes
Recovery Team. We also reviewed the available information pertaining to
habitat requirements of the two species, including material received
during previous critical habitat proposals and designations.
Due to the need for additional information on the two species,
habitats, threats, controllability of threats, restoration potentials,
and other factors, no quantitative criteria for delisting spikedace and
loach minnow were set forth in the recovery plans. However, the
recovery plans recommend protection of existing populations,
enhancement and restoration of habitats occupied by depleted
populations, and reestablishment of the two species into selected
streams within their historical ranges.
Both recovery plans call for designation of critical habitat for
all stream reaches identified in the 1985 proposed rule as well as for
consideration of additional stream reaches. Except for Eagle Creek, the
recovery plans do not identify the specific streams to be considered
for critical habitat designation due to the lack of information to
support such identifications available at that time. The recovery plans
do identify potential areas for reestablishment of spikedace and loach
minnow including the San Pedro River and its tributaries, the San
Francisco River, Mescal Creek (a middle Gila River tributary), and
Bonita Creek. The recovery plans also recommend evaluation and
selection of other potential sites.
Recovery Team discussions since 1991 identified the need for
critical habitat designation in Hot Springs and Redfield Canyons;
Aravaipa, Eagle, Bonita, Beaver, West Clear, Campbell Blue, and Dry
Blue Creeks; and Gila, Verde, San Pedro, San Francisco, Blue, Tularosa,
and White Rivers.
The proposed critical habitat described below constitutes our best
assessment of areas needed for the conservation of spikedace and loach
minnow and is based on the best scientific and commercial information
available. The proposed areas are essential to the conservation of the
species because they either currently support populations of spikedace
and/or loach minnow, or because they currently have, or have the
potential for developing, the necessary requirements for survival,
growth, and reproduction of the spikedace and/or loach minnow (see
description of primary constituent elements, below). All of the
proposed areas require special management consideration and protection
to ensure their contribution to the species' recovery.
Because of these species' precarious status, mere stabilization of
spikedace and loach minnow at their present levels will not achieve
conservation. Recovery through protection and enhancement of the
existing populations, plus reestablishment of populations in suitable
areas of historical range, is necessary for their survival. The
recovery plans for both species state, ``One of the most critical goals
to be achieved toward recovery is establishment of secure self-
reproducing populations in habitats from which the species has been
extirpated'' (Service 1991a, 1991b). We, therefore, determine that the
unoccupied areas proposed as critical habitat are essential for the
conservation of the species.
This proposed designation differs substantially from the critical
habitat designation we proposed in 1986 and made final in 1994, and
which was subsequently withdrawn under court order. The differences
reflect new information we gathered on distribution of spikedace and
loach minnow. The changes also reflect the need to consider areas in
addition to those designated in 1994. As stated in the 1994 final
rules, ``The Service is considering revising critical habitat in the
future to add these areas [referring to newly discovered occupied
areas]. In addition, the Service is considering adding certain
unoccupied areas considered vital for recovery of the species.'' For
spikedace, in the 1994 final critical habitat rule, we stated the same
but, in addition, specifically recognized the recovery plan
recommendation for inclusion of Eagle Creek.
Important considerations in selection of areas proposed in this
rule include factors specific to each geographic area or complex of
areas, such as size, connectivity, and habitat diversity, as well as
rangewide recovery considerations, such as genetic diversity and
representation of all major portions of the species' historical ranges.
The proposed critical habitat reflects the need for complexes of
sufficient size to provide habitat for spikedace and/or loach minnow
populations large enough to be self-sustaining over time, despite
fluctuations in local conditions.
Each complex contains interconnected waters so that spikedace and
loach minnow can move between areas, at least during certain flows or
seasons. The ability of the fish to repopulate areas where they are
depleted or extirpated is vital to recovery. Some complexes may include
stream reaches that do not have substantial spikedace- or loach minnow-
specific habitat, but which provide migration corridors as well as play
a vital role in the overall health of the aquatic ecosystem and,
therefore, the integrity of upstream and downstream spikedace and loach
minnow habitats.
The areas we selected for proposed critical habitat designation
include areas containing all known remaining genetic diversity within
the two species, with the possible exception of the fish on certain
tribal lands, which we believe are capable of persistence without
critical habitat designation (see discussion under Secretarial Order
3206 later in this proposed rule). Information on spikedace and loach
minnow indicates a high degree of genetic differentiation among the
remnant populations (Tibbets 1993), making conservation of each
remaining population vital to recovery (Tibbets 1992). It is also
important that the areas selected for proposed critical habitat
designation include a representation of each major subbasin in the
historical range of the species.
The proposed designation includes all currently known populations
of spikedace and loach minnow, except those on tribal lands.
Uncertainty on upstream and downstream distributional limits of some
populations may result in small areas of occupied habitat being
excluded from the designation. For loach minnow, the proposed
designation includes at least one remnant population for each major
subbasin except the Verde subbasin, from which it has been completely
extirpated. For spikedace, no remnant populations exist in the Agua
Fria, Salt, and San Francisco/Blue subbasins. In those subbasins where
no populations of spikedace or loach minnow currently exist, the
proposed critical habitat includes currently unoccupied areas for
restoration of the species, with the exception of the Agua Fria
subbasin where no suitable areas are known to remain.
The inclusion of both occupied and currently unoccupied areas in
the proposed critical habitat for spikedace and loach minnow is in
accordance with section 3(5)(A)(i) of the Act, which provides that
areas outside the geographical area currently occupied by the species
may meet the definition of critical habitat upon a determination that
they are essential for the conservation of the species. Both spikedace
and loach minnow are in serious danger of extinction, and their status
is declining. In 1994, we made a
[[Page 69327]]
finding on a petition that reclassification of spikedace and loach
minnow from threatened to endangered was warranted; however,
reclassification was precluded by other higher priority listing actions
(59 FR 35303-35304). Although additional populations of loach minnow
have been found since that time, they are small and their contribution
to the status of the species is offset by declines in other
populations.
Both of the 1986 listing rules for spikedace and loach minnow
conservatively estimated about 2,600 km (1,600 mi) of stream within the
species' historical ranges. This proposal includes approximately half
that amount for loach minnow and slightly less than half for spikedace.
Although this amount is less than the historical ranges for both
species, we believe that conservation of spikedace and loach minnow
within the proposed areas can achieve long-term survival and recovery
of these species.
For each stream reach proposed for designation, the up- and
downstream boundaries are described below. Proposed critical habitat
includes the stream channels within the identified stream reaches and
areas within these reaches potentially inundated during high flow
events. This proposal takes into account the naturally dynamic nature
of riverine systems and recognizes that floodplains are an integral
part of the stream ecosystem. A relatively intact floodplain, along
with the periodic flooding in a relatively natural pattern, are
important elements necessary for long-term survival and recovery of
spikedace and loach minnow. Among other things, the floodplain and its
riparian vegetation provides space for natural flooding patterns and
latitude for necessary natural channel adjustments to maintain
appropriate channel morphology and geometry, provides nutrient input
and buffering from sediment and pollutants, stores water for slow
release to maintain base flows, and provides protected side channel and
backwater habitats for larval and juvenile spikedace and loach minnow.
Spikedace
We propose the following areas as critical habitat for spikedace
(see the Regulation Promulgation section of this rule for exact
descriptions of boundaries). The proposed designation includes 31
reaches found within portions of 26 streams; however, individual
streams are not isolated, but are connected with others to form 7 areas
or ``complexes.'' The complexes include those that currently support
populations of spikedace, as well as some currently unoccupied by
spikedace, but which are considered essential for reestablishing
populations of spikedace to achieve recovery. The distances and
conversions below are approximate; more precise estimates are provided
in the Regulation Promulgation section of this rule.
1. Verde River complex, Yavapai County, Arizona. The Verde River is
currently occupied by spikedace. Its tributary streams are believed to
be currently unoccupied by spikedace. The Verde River complex is
unusual in that a relatively stable thermal and hydrologic regime is
found in the upper river and in Fossil Creek. Also, spikedace in the
Verde River are genetically (Tibbets 1993) and morphologically
(Anderson and Hendrickson 1994) distinct from all other spikedace
populations.
a. Verde River--171 km (94 mi) of river extending from the
confluence with Fossil Creek upstream to Sullivan Dam, but excluding
lands belonging to the Yavapai Apache Tribe. Sullivan Dam is at the
upstream limit of perennial flow in the mainstem Verde River. Perennial
flow results from a series of river-channel springs and from Granite
Creek. Below Fossil Creek, the Verde River becomes larger due to the
input of Fossil Creek and changes character to an extent that it may
not provide sufficient suitable habitat for spikedace.
b. Fossil Creek--8 km (5 mi) of creek extending from the confluence
with the Verde River upstream to the confluence with an unnamed
tributary. The lower portion of Fossil Creek contains all elements of
spikedace habitat at present, except sufficient discharge. Discharge is
currently diverted for hydropower generation at the Childs/Irving
Hydropower site. Relicensing of the Childs/Irving Hydropower project
will provide enhanced flows into lower Fossil Creek, although the
amount of that flow restoration is still under negotiation.
c. West Clear Creek--12 km (7 mi) of creek extending from the
confluence with the Verde River upstream to the confluence with Black
Mountain Canyon. The lower portion of West Clear Creek was historically
known to support spikedace and contains suitable, although degraded,
habitat. Gradient and channel morphology changes above Black Mountain
Canyon make the upstream area unsuitable for spikedace.
d. Beaver/Wet Beaver Creek--33 km (21 mi) of creek extending from
the confluence with the Verde River upstream to the confluence with
Casner Canyon. Beaver Creek, and its upstream extension in Wet Beaver
Creek, historically supported spikedace and contain suitable, although
degraded, habitat. Above Casner Canyon, gradient and channel morphology
changes make the stream unsuitable for spikedace.
e. Oak Creek--54 km (34 mi) of creek extending from the confluence
with the Verde River upstream to the confluence with an unnamed
tributary (near the Yavapai/Coconino County boundary). The lower
portion of Oak Creek is part of the historical range of spikedace and
contains suitable, although degraded, habitat. Above the unnamed
tributary, the creek becomes unsuitable due to urban and suburban
development and to increasing gradient and substrate size.
f. Granite Creek--2.3 km (1.4 mi) of creek extending from the
confluence with the Verde River upstream to a spring. As a perennial
tributary of the upper Verde River, Granite Creek is considered an
important expansion area for spikedace recovery.
2. Black River complex, Apache and Greenlee Counties, Arizona. The
Salt River subbasin is a significant portion of spikedace historical
range and has no existing population of spikedace. Large areas of the
subbasin are unsuitable, either because of topography or because of
reservoirs, stream channel alteration by humans, or overwhelming
nonnative species populations. Recovery for spikedace includes
reestablishing populations in the subbasin. The East and West Forks
Black River contain suitable habitat, and the continuing presence of
loach minnow in the East Fork is evidence that it may support
reestablishment of spikedace, which historically occurred with loach
minnow in most streams in the Gila River basin. The following are some
of the most suitable areas for reestablishment of spikedace.
a. East Fork Black River--8 km (5 mi) of river extending from the
confluence with the West Fork Black River upstream to the confluence
with Deer Creek.
b. North Fork of the East Fork Black River--18 km (11 mi) of river
extending from the confluence with Deer Creek upstream to the
confluence with Boneyard Creek.
c. West Fork Black River--10 km (6 mi) of river extending from the
confluence with the East Fork Black River upstream to the confluence
with Hay Creek. Above Hay Creek the gradient and channel morphology are
unsuitable for spikedace.
3. Tonto Creek complex, Gila County, Arizona. Tonto Creek was
historically occupied by spikedace and loach minnow. Suitable habitat
still exists,
[[Page 69328]]
although degradation has occurred due to watershed uses, water
diversion, agriculture, roads, and nonnative species introduction. The
presence of substantial areas of U.S. Forest Service (USFS) lands make
this one of the most promising areas for reestablishment of spikedace
in the Salt River subbasin.
a. Tonto Creek--47 km (29 mi) of creek extending from the
confluence with Greenback Creek upstream to the confluence with Houston
Creek. The influence of Roosevelt Lake below Greenback Creek, and
gradient and substrate changes above Houston Creek, make the stream
unsuitable for spikedace.
b. Greenback Creek--14 km (8 mi) of creek extending from the
confluence with Tonto Creek upstream to Lime Springs.
c. Rye Creek--2.1 km (1.3 mi) of creek extending from the
confluence with Tonto Creek upstream to the confluence with Brady
Canyon. This area of Rye Creek still supports a native fish community
indicating high potential for spikedace reestablishment.
4. Middle Gila/Lower San Pedro/Aravaipa Creek complex, Pinal and
Graham Counties, Arizona. This complex is occupied by spikedace with
its population status ranging from rare to common. Aravaipa Creek
supports one of the best and most protected spikedace populations due
to special use designations on Bureau of Land Management (BLM) land and
to substantial ownership by The Nature Conservancy as well as planned
construction of fish barriers to prevent invasion of nonnative fish
species. Enhancement of downstream habitats in the San Pedro and Gila
Rivers would contribute substantially to recovery of this species.
a. Gila River--63 km (39 mi) of river extending from Ashurst-Hayden
Dam upstream to the confluence with the San Pedro River. A small
population of spikedace currently occupies this area. At Ashurst-Hayden
Dam, all water is diverted into a canal. Above the confluence with the
San Pedro River, flow in the Gila River is highly regulated by San
Carlos Dam and becomes marginally suitable for spikedace.
b. San Pedro River--21 km (13 mi) of river extending from the
confluence with the Gila River upstream to the confluence with Aravaipa
Creek. This area is currently occupied by spikedace. Existing flow in
the river comes primarily from surface and subsurface contributions
from Aravaipa Creek.
c. Aravaipa Creek--45 km (28 mi) of creek extending from the
confluence with the San Pedro River upstream to the confluence with
Stowe Gulch. Aravaipa Creek supports a substantial population of
spikedace. Stowe Gulch is the upstream limit of sufficient perennial
flow for spikedace.
5. Middle-Upper San Pedro River complex, Cochise, Graham, and Pima
Counties, Arizona. None of the habitat in this complex is currently
occupied by spikedace. However, the San Pedro River is the type
locality of spikedace, and this complex contains important restoration
area.
a. San Pedro River--74 km (46 mi) of river extending from the
confluence with Alder Wash (near Redfield) upstream to the confluence
with Ash Creek (near the Narrows). This middle portion of the river has
increasing surface flow due to restoration activities, primarily
groundwater pumping reductions.
b. Redfield Canyon--22 km (14 mi) of creek extending from the
confluence with the San Pedro River upstream to the confluence with
Sycamore Canyon. Above Sycamore Canyon, perennial water becomes too
scarce, and the habitat becomes unsuitable.
c. Hot Springs Canyon--19 km (12 mi) of creek extending from the
confluence with the San Pedro River upstream to the confluence with
Bass Canyon. Hot Springs Canyon is currently unoccupied but contains
suitable habitat for restoration of spikedace.
d. Bass Canyon--5 km (3 mi) of creek extending from the confluence
with Hot Springs Canyon upstream to the confluence with Pine Canyon.
Bass Canyon is an extension of the Hot Springs Canyon habitat.
e. San Pedro River--60 km (37 mi) of river extending from the
confluence with the Babocomari River upstream to the U.S./Mexico
border. Although currently unoccupied, this area is identified in BLM
(BLM 1993) planning documents as a high-potential restoration area for
spikedace.
6. Gila Box/San Francisco River complex, Graham and Greenlee
Counties, Arizona and Catron County, New Mexico. The only spikedace
population remaining in the complex is in Eagle Creek. Substantial
restoration potential for spikedace exists in the remainder of the
complex. This complex has the largest area of habitat suitable for
spikedace restoration. In addition, management in the Gila Box, Bonita
Creek, and the Blue River are highly compatible with recovery goals,
giving restoration of spikedace in this complex a high likelihood of
success.
a. Gila River--36 km (23 mi) of river extending from the Brown
Canal diversion, at the head of the Safford Valley, upstream to the
confluence with Owl Canyon, at the upper end of the Gila Box. The Gila
Box is not known to currently support spikedace, but is considered to
have a high potential for restoration of the species. Both above and
below the Gila Box, the Gila River is highly modified by agriculture,
diversions, and urban development.
b. Bonita Creek--19 km (12 mi) of creek extending from the
confluence with the Gila River upstream to the confluence with Martinez
Wash. Bonita Creek has no spikedace at present but has suitable
habitat. Bonita Creek above Martinez Wash lies on the San Carlos Apache
Reservation, which is not included in this proposed designation.
c. Eagle Creek--74 km (46 mi) of creek extending from the Phelps-
Dodge Diversion Dam upstream to the confluence of Dry Prong and East
Eagle Creeks, but excluding lands of the San Carlos Apache Reservation.
Because the creek repeatedly flows from private or USFS land into the
San Carlos Reservation and back, it is difficult to separately
calculate stream mileage on tribal lands. Therefore, the above mileage
covers the entire stream segment and is not corrected for tribal
exclusions. Eagle Creek supports a small population of spikedace. Below
the Phelps-Dodge Diversion Dam, the creek is often dry.
d. San Francisco River--182 km (113 mi) of river extending from the
confluence with the Gila River upstream to the confluence with the
Tularosa River. Habitat above the Tularosa River does not appear
suitable for spikedace. The San Francisco River was historically
occupied by spikedace and is important recovery habitat for restoration
of the species.
e. Blue River--82 km (51 mi) of river extending from the confluence
with the San Francisco River upstream to the confluence of Campbell
Blue and Dry Blue creeks. The Blue River is not currently occupied by
spikedace, but planning among several State and Federal agencies for
restoration of native fishes in the Blue River is under way.
f. Campbell Blue Creek--13 km (8 mi) of creek extending from the
confluence of Dry Blue and Campbell Blue Creeks upstream to the
confluence with Coleman Canyon. Above Coleman Canyon, the creek changes
and becomes steeper and rockier, making it unsuitable for spikedace.
g. Little Blue Creek--5 km (3 mi) of creek extending from the
confluence with the Blue River upstream to the mouth of a box canyon.
Little Blue Creek is not currently occupied by spikedace, but contains
suitable habitat and is considered an important restoration area for
the species.
[[Page 69329]]
7. Upper Gila River complex, Grant and Catron Counties, New Mexico.
This complex is occupied by the largest remaining population of
spikedace. It is considered to represent the ``core'' of what remains
of the species. Because of the remoteness of the area, there is a
relatively low degree of habitat threats.
a. Gila River--164 km (102 mi) of river extending from the
confluence with Moore Canyon (near the Arizona/New Mexico border)
upstream to the confluence of the East and West Forks. Below Moore
Canyon, the river is substantially altered by agriculture, diversion,
and urban development, thus making it unsuitable for spikedace.
b. East Fork Gila River--42 km (26 mi) of river extending from the
confluence with the West Fork Gila River upstream to the confluence of
Beaver and Taylor Creeks.
c. Middle Fork Gila River--12 km (8 mi) of river extending from the
confluence with the West Fork Gila River upstream to the confluence
with Big Bear Canyon.
d. West Fork Gila River--12 km (8 mi) of river extending from the
confluence with the East Fork Gila River upstream to the confluence
with EE Canyon. This lower portion of the West Fork is occupied by
spikedace, but the river becomes unsuitable for spikedace above EE
Canyon due to gradient and channel morphology.
Loach Minnow
We propose the following areas as critical habitat for loach minnow
(see the Regulation Promulgation section of this rule for exact
descriptions of boundaries). The proposed designation includes 41
reaches found within portions of 26 streams; however, individual
streams are not isolated but are connected with others to form 7
complexes. The complexes include those that currently support
populations of loach minnow as well as some currently unoccupied by
loach minnow but that are considered essential for reestablishing
populations of loach minnow to achieve recovery. Substantial overlap
occurs with the proposed critical habitat for spikedace; 7 complexes
and 26 streams are included in the proposed designation for both
species. The distances and conversions below are approximate; more
precise estimates are provided in the Regulation Promulgation section
of this rule.
1. Verde River complex, Yavapai County, Arizona. Historically known
from the Verde River and some of its tributaries, the loach minnow is
believed to be extirpated in this complex. The Verde complex is unusual
in that a relatively stable thermal and hydrologic regime is found in
the upper river and in Fossil Creek. The continuing presence of
spikedace and the existence of suitable habitat create a high potential
for restoration of loach minnow to the Verde system.
a. Verde River--171 km (106 mi) of river extending from the
confluence with Fossil Creek upstream to Sullivan Dam, but excluding
lands belonging to the Yavapai Apache Tribe. Sullivan Dam is at the
upstream limit of perennial flow in the mainstem Verde River. Perennial
flow results from a series of river-channel springs and from Granite
Creek. Below Fossil Creek, the Verde River becomes larger due to the
input of Fossil Creek and changes character to an extent that it may
not provide sufficient suitable habitat for loach minnow.
b. Fossil Creek--8 km (5 mi) of creek extending from the confluence
with the Verde River upstream to the confluence with an unnamed
tributary. The lower portion of Fossil Creek contains all elements of
loach minnow habitat at present, except sufficient discharge. Discharge
is currently diverted for hydropower generation at the Childs/Irving
Hydropower site. Relicensing of the Childs/Irving Hydropower project
will provide enhanced flows into lower Fossil Creek, although the
amount of that flow restoration is still under negotiation.
c. West Clear Creek--12 km (7 mi) of creek extending from the
confluence with the Verde River upstream to the confluence with Black
Mountain Canyon. The lower portion of West Clear Creek contains
suitable, although degraded, habitat for loach minnow. Gradient and
channel morphology changes above Black Mountain Canyon make the
upstream area unsuitable for loach minnow.
d. Beaver/Wet Beaver Creek--33 km (21 mi) of creek extending from
the confluence with the Verde River upstream to the confluence with
Casner Canyon. Beaver Creek, and its upstream extension in Wet Beaver
Creek, historically supported spikedace and contain suitable, although
degraded, habitat. Above Casner Canyon, gradient and channel morphology
changes make the stream unsuitable for loach minnow.
e. Oak Creek--54 km (34 mi) of creek extending from the confluence
with the Verde River upstream to the confluence with an unnamed
tributary (near the Yavapai/Coconino County boundary). The lower
portion contains suitable, although degraded, habitat for loach minnow.
Above the unnamed tributary, the creek becomes unsuitable due to urban
and suburban development and to increasing gradient and substrate size.
f. Granite Creek--2.3 km (1.4 mi) of creek extending from the
confluence with the Verde River upstream to a spring. Below the spring,
which supplies much of the base flow of Granite Creek, there is
suitable habitat for loach minnow.
2. Black River complex, Apache and Greenlee Counties, Arizona. The
Salt River subbasin is a significant portion of loach minnow historical
range, but loach minnow have been extirpated from all but a small
portion in the Black and White Rivers. As the only remaining population
of loach minnow on public lands in the Salt River basin, the Black
River complex is considered vital to survival and recovery of the
species.
a. East Fork Black River--8 km (5 mi) of river extending from the
confluence with the West Fork Black River upstream to the confluence
with Boneyard Creek. This area is occupied by loach minnow, although
the downstream end of the population is not well known. This population
was only discovered in 1996.
b. North Fork of the East Fork Black River--18 km (11 mi) of river
extending from the confluence with Deer Creek upstream to the
confluence with Boneyard Creek. This area is occupied by loach minnow,
although the upstream portion of the population is not well known.
Above Boneyard Creek, the river character makes it unsuitable for loach
minnow.
c. Boneyard Creek--2.3 km (1.4 mi) of creek extending from the
confluence with the East Fork Black River upstream to the confluence
with an unnamed tributary. Although no loach minnow have been found in
Boneyard Creek, they are probably present based on the pattern of
occupation of lower portions of small tributaries in other parts of the
loach minnow range.
d. Coyote Creek--3 km (2 mi) of creek extending from the confluence
with the East Fork Black River upstream to the confluence with an
unnamed tributary. Loach minnow are thought to use the lower portion of
this creek as part of the population in the East Fork Black River.
e. West Fork Black River--10 km (6 mi) of river extending from the
confluence with the East Fork Black River upstream to the confluence
with Hay Creek. Above Hay Creek, the gradient and channel morphology
are unsuitable for loach minnow. The West Fork Black River is not known
to be occupied by loach minnow at present. However, it is considered
important for conservation of the Black River remnant of the Salt River
subbasin population.
[[Page 69330]]
3. Tonto Creek complex, Gila County, Arizona. Tonto Creek was
historically occupied by spikedace and loach minnow. Suitable habitat
still exists, although degradation has occurred due to watershed uses,
water diversion, agriculture, roads, and nonnative species
introduction. The presence of substantial areas of USFS lands make this
one of the most promising areas for reestablishment of loach minnow in
the Salt River subbasin.
a. Tonto Creek--70 km (44 mi) of creek extending from the
confluence with Greenback Creek upstream to the confluence with Haigler
Creek. The influence of Roosevelt Lake above Greenback Creek and
changes in channel morphology above Haigler Creek make those portions
of the stream unsuitable for loach minnow.
b. Greenback Creek--14 km (8 mi) of creek extending from the
confluence with Tonto Creek upstream to Lime Springs.
c. Rye Creek--2.1 km (1.3 mi) of creek extending from the
confluence with Tonto Creek upstream to the confluence with Brady
Canyon. This area of Rye Creek still supports a native fish community,
indicating high potential for loach minnow reestablishment.
4. Middle Gila/Lower San Pedro/Aravaipa Creek complex, Pinal and
Graham Counties, Arizona. This complex currently has loach minnow only
in Aravaipa Creek and its tributaries. Aravaipa Creek supports one of
the best and most protected spikedace populations due to special use
designations on Bureau of Land Management (BLM) land and to substantial
ownership by The Nature Conservancy as well as planned construction of
fish barriers to prevent invasion of nonnative fish species.
Enhancement of downstream habitats and expansion of the Aravaipa Creek
population into the San Pedro and Gila Rivers would contribute
substantially to recovery of this species. Expansion of this population
is important to recovery of the species.
a. Gila River--63 km (39 mi) of river extending from Ashurst-Hayden
Dam upstream to the confluence with the San Pedro River. At Ashurst-
Hayden Dam, all water is diverted into a canal. Above the confluence
with the San Pedro River, flow in the Gila River is highly regulated by
San Carlos Dam and becomes marginally suitable for loach minnow.
b. San Pedro River--21 km (13 mi) of river extending from the
confluence with the Gila River upstream to the confluence with Aravaipa
Creek. This section of river is an important connection between the
existing population of loach minnow in Aravaipa Creek and the recovery
habitat in the Gila River. Existing flow in the river comes primarily
from surface and subsurface contributions from Aravaipa Creek.
c. Aravaipa Creek--45 km (28 mi) of creek extending from the
confluence with the San Pedro River upstream to the confluence with
Stowe Gulch. Aravaipa Creek supports a substantial population of loach
minnow. Stowe Gulch is the upstream limit of sufficient perennial flow
for loach minnow.
d. Turkey Creek--4 km (3 mi) of creek extending from the confluence
with Aravaipa Creek upstream to the confluence with Oak Grove Canyon.
This creek is occupied by loach minnow. A substantial portion of the
flow in Turkey Creek comes from the Oak Grove Canyon tributary.
e. Deer Creek--4 km (3 mi) of creek extending from the confluence
with Aravaipa Creek upstream to the boundary of the Aravaipa
Wilderness. This stream is occupied by loach minnow. Suitable habitat
extends to the Wilderness boundary.
5. Middle-Upper San Pedro River complex, Cochise, Graham, and Pima
Counties, Arizona. None of the habitat in this complex is currently
occupied by loach minnow. However, the San Pedro River is the type
locality of loach minnow, and this complex contains important
restoration areas. a.
San Pedro River--4 km (46 mi) of river extending from the
confluence with Alder Wash (near Redfield) upstream to the confluence
with Ash Creek (near the Narrows). This middle portion of the river has
increasing surface flow due to restoration activities, primarily
groundwater pumping reductions.
b. Redfield Canyon--22 km (14 mi) of creek extending from the
confluence with the San Pedro River upstream to the confluence with
Sycamore Canyon. Above Sycamore Canyon, perennial water becomes too
scarce, and the habitat becomes unsuitable.
c. Hot Springs Canyon--20 km (12 mi) of creek extending from the
confluence with the San Pedro River upstream to the confluence with
Bass Canyon. Hot Springs Canyon contains suitable habitat for
restoration of loach minnow.
d. Bass Canyon--5 km (3 mi) of creek extending from the confluence
with Hot Springs Canyon upstream to the confluence with Pine Canyon.
Bass Canyon is an extension of the Hot Springs Canyon habitat.
e. San Pedro River--60 km (37 mi) of river extending from the
confluence with the Babocomari River upstream to the U.S./Mexico
border. Although currently unoccupied, this area is identified in BLM
planning documents (BLM 1993) as a high-potential restoration area for
loach minnow.
6. Gila Box /San Francisco River complex, Graham and Greenlee
Counties, Arizona and Catron County, New Mexico. Most of this complex
is occupied by loach minnow, although the status varies substantially
from one portion to another. Only Bonita Creek, Little Blue Creek, and
the Gila River are currently unoccupied. The Blue River system and
adjacent portions of the San Francisco River is the longest stretch of
occupied loach minnow habitat unbroken by large areas of unsuitable
habitat. Management in the Gila Box, Bonita Creek, and the Blue River
are highly compatible with recovery goals, giving restoration of loach
minnow in this complex a high likelihood of success.
a. Gila River--36 km (23 mi) of river extending from the Brown
Canal diversion, at the head of the Safford Valley, upstream to the
confluence with Owl Canyon, at the upper end of the Gila Box. The Gila
Box is considered to have a high potential for restoration of the loach
minnow, and populations are located shortly upstream in both Eagle
Creek and the San Francisco River. Both above and below the Gila Box,
the Gila River is highly modified by agriculture, diversions, and urban
development.
b. Bonita Creek--36 km (23 mi) of creek extending from the
confluence with the Gila River upstream to the confluence with Martinez
Wash. Suitable habitat for loach minnow exists in Bonita Creek. Bonita
Creek above Martinez Wash lies on the San Carlos Apache Reservation,
which is not being proposed for designation at this time.
c. Eagle Creek--74 km (46 mi) of creek extending from the Phelps-
Dodge Diversion Dam upstream to the confluence of Dry Prong and East
Eagle Creeks, but excluding lands of the San Carlos Apache Reservation.
Because the creek repeatedly flows from private or USFS land into the
San Carlos Reservation and back, it is difficult to separately
calculate stream mileage on tribal lands. Therefore, the above mileage
covers the entire stream segment and is not corrected for tribal
exclusions. Below the Phelps-Dodge Diversion Dam, the creek is often
dry.
d. San Francisco River--203 km (126 mi) of river extending from the
confluence with the Gila River upstream to the mouth of The Box, a
canyon above the town of Reserve. Loach minnow in the San Francisco
River vary from common to rare throughout the length of the river.
[[Page 69331]]
e. Tularosa River--30 km (19 mi) of river extending from the
confluence with the San Francisco River upstream to the town of
Cruzville. Above Cruzville, the habitat becomes unsuitable.
f. Negrito Creek--7 km (4 mi) of creek extending from the
confluence with the San Francisco River upstream to the confluence with
Cerco Canyon. Above this area, gradient and channel morphology make the
creek unsuitable for loach minnow.
g. Whitewater Creek--2 km (1 mi) of creek extending from the
confluence with the San Francisco River upstream to the confluence with
Little Whitewater Creek. Upstream gradient and channel changes make the
portion above Little Whitewater Creek unsuitable for loach minnow.
h. Blue River--82 km (51 mi) of river extending from the confluence
with the San Francisco River upstream to the confluence of Campbell
Blue and Dry Blue Creeks. Planning is under way by several State and
Federal agencies to restore native fishes in the Blue River.
i. Campbell Blue Creek--13 km (8 mi) of creek extending from the
confluence of Dry Blue and Campbell Blue Creeks upstream to the
confluence with Coleman Canyon. Above Coleman Canyon, the creek changes
and becomes steeper and rockier, making it unsuitable for loach minnow.
j. Dry Blue Creek--5 km (3 mi) of creek extending from the
confluence with Campbell Blue Creek upstream to the confluence with
Pace Creek.
k. Pace Creek--1.2 km (0.8 mi) of creek extending from the
confluence with Dry Blue Creek upstream to a barrier falls.
l. Frieborn Creek--1.8 km ( 1.1 mi) of creek extending from the
confluence with Dry Blue Creek upstream to an unnamed tributary.
m. Little Blue Creek--5 km (3 mi) of creek extending from the
confluence with the Blue River upstream to the mouth of a box canyon.
Little Blue Creek is not currently occupied by loach minnow but
contains suitable habitat and is considered an important restoration
area for the species.
7. Upper Gila River complex, Grant and Catron Counties, New Mexico.
This complex is occupied by loach minnow throughout. It contains what
is considered to be the ``core'' of the remaining populations of the
species. Because of the remoteness of the area, there is a relatively
low degree of habitat threats.
a. Gila River--164 km (102 mi) of river extending from the
confluence with Moore Canyon (near the Arizona/New Mexico border)
upstream to the confluence of the East and West Forks. Below Moore
Canyon, the river is substantially altered by agriculture, diversion,
and urban development, thus making it unsuitable for loach minnow.
b. East Fork Gila River--42 km (26 mi) of river extending from the
confluence with the West Fork Gila River upstream to the confluence of
Beaver and Taylor Creeks.
c. Middle Fork Gila River--19 km (12 mi) of river extending from
the confluence with the West Fork Gila River upstream to the confluence
with Brothers West Canyon.
d. West Fork Gila River--12 km (8 mi) of river extending from the
confluence with the East Fork Gila River upstream to the confluence
with EE Canyon. This lower portion of the West Fork is occupied by
loach minnow, but the river becomes unsuitable above EE Canyon due to
gradient and channel morphology.
B. Primary Constituent Elements
The habitat features (primary constituent elements) that provide
for the physiological, behavioral, and ecological requirements
essential for the conservation of the species are described at 50 CFR
424.12, and include, but are not limited to, the following:
Space for individual and population growth, and for normal
behavior;
Food, water, or other nutritional or physiological requirements;
Cover or shelter;
Sites for breeding, reproduction, or rearing of offspring; and
Habitats that are protected from disturbance or are representative
of the historical geographical and ecological distributions of a
species.
Spikedace
We determined the primary constituent elements for spikedace from
studies on their habitat requirements and population biology including,
but not limited to, Barber et al. 1970; Minckley 1973; Anderson 1978;
Barber and Minckley 1983; Turner and Taffanelli 1983; Barrett et al.
1985; Propst et al. 1986; Service 1989; Hardy 1990; Douglas et al.
1994; Stefferud and Rinne 1996; Velasco 1997. These primary constituent
elements include:
1. Permanent, flowing, unpolluted water;
2. Living areas for adult spikedace with slow to swift flow
velocities in shallow water with shear zones where rapid flow borders
slower flow, areas of sheet flow at the upper ends of mid-channel sand/
gravel bars, and eddies at downstream riffle edges;
3. Living areas for juvenile spikedace with slow to moderate flow
velocities in shallow water with moderate amounts of instream cover;
4. Living areas for larval spikedace with slow to moderate flow
velocities in shallow water with abundant instream cover;
5. Sand, gravel, and cobble substrates with low to moderate amounts
of fine sediment and substrate embeddedness;
6. Pool, riffle, run, and backwater components present in the
aquatic habitat;
7. Low stream gradient;
8. Water temperatures in the approximate range of 1-30 deg.C (35-
85 deg.F), with natural diurnal and seasonal variation;
9. Abundant aquatic insect food base;
10. Periodic natural flooding;
11. A natural, unregulated hydrograph or, if the flows are modified
or regulated, then a hydrograph that demonstrates an ability to support
a native fish community; and
12. Few or no predatory or competitive nonnative species present.
The areas we are proposing for designation as critical habitat for
spikedace provide the above primary constituent elements or will be
capable, with restoration, of providing them. All of the proposed areas
require special management considerations or protection to ensure their
contribution to the species' recovery.
Loach Minnow
We determined the primary constituent elements for loach minnow
from studies on their habitat requirements and population biology
including, but not limited to, Barber and Minckley 1966; Minckley 1973;
Schreiber 1978; Britt 1982; Turner and Taffanelli 1983; Service 1988;
Rinne 1989; Hardy 1990; Vives and Minckley 1990; Propst and Bestgen
1991; Douglas et al. 1994; Velasco 1997. These primary constituent
elements include:
1. Permanent, flowing, unpolluted water;
2. Living areas for adult loach minnow with moderate to swift flow
velocities in shallow water with gravel, cobble, and rubble substrates;
3. Living areas for juvenile loach minnow with moderate to swift
flow velocities in shallow water with sand, gravel, cobble, and rubble
substrates;
4. Living areas for larval loach minnow with slow to moderate
velocities in shallow water with sand, gravel, and cobble substrates
and abundant instream cover;
5. Spawning areas for loach minnow with slow to swift flow
velocities in shallow water with uncemented cobble and rubble
substrate;
6. Low amounts of fine sediment and substrate embeddedness;
[[Page 69332]]
7. Riffle, run, and backwater components present in the aquatic
habitat;
8. Low to moderate stream gradient;
9. Water temperatures in the approximate range of 1-30 deg.C (35-
85 deg.F), with natural diurnal and seasonal variation;
10. Abundant aquatic insect food base;
11. Periodic natural flooding;
12. A natural unregulated hydrograph or, if flows are modified or
regulated, then a hydrograph that demonstrates an ability to support a
native fish community; and
13. few or no predatory or competitive nonnative species present.
The areas we are proposing for designation as critical habitat for
loach minnow provide the above primary constituent elements or will be
capable, with restoration, of providing them. All of the proposed areas
require special management considerations or protection to ensure their
contribution to the species' recovery.
C. Land Ownership
Table 1 shows land ownership for areas proposed as critical habitat
that are currently occupied by one or both species, and Table 2 shows
land ownership for proposed critical habitat that is unoccupied. A
general description of land ownership in each complex follows.
BILLING CODE 4310-55-P
[GRAPHIC] [TIFF OMITTED] TP10DE99.004
[[Page 69333]]
[GRAPHIC] [TIFF OMITTED] TP10DE99.005
BILLING CODE 4310-55-C
1. Verde River complex--There are large blocks of USFS lands in the
upper and lower reaches, with significant areas of private ownership in
the Verde Valley and along the lower portions of Oak, Beaver, and West
Clear Creeks. There are also lands belonging to the National Park
Service (NPS), Arizona State Parks, and the Arizona Game and Fish
Department.
2. Black River complex--The ownership is predominantly USFS, with a
few small areas of private land.
3. Tonto Creek complex--Land here is mostly USFS on the upper end,
but significant areas of private ownership occur in the lower reaches.
4. Middle Gila/Lower San Pedro/Aravaipa Creek complex--This area
includes extensive BLM land as well as extensive private land, some
State of Arizona lands, and a small area of allotted land owned by the
San Carlos Apaches.
5. Middle-Upper San Pedro complex--The BLM is the largest
landowner, and there are large areas of private ownership and smaller
areas of State of Arizona lands.
6. Gila Box/San Francisco River complex--This complex contains
extensive USFS land, some BLM land, and scattered private, State of
Arizona, and New Mexico Game and Fish Department (NMGFD) lands. A
portion of Eagle Creek is on the San Carlos Apache Reservation, but
this area is not proposed as critical habitat at this time. The City of
Safford holds significant portions of Bonita Creek.
7. Upper Gila River complex--The largest areas are on USFS land,
with small private inholdings. There are large areas of private lands
in the Cliff-Gila Valley, and the BLM administers significant stretches
upstream of the Arizona/New Mexico border. There are also small areas
of NMGFD, NPS, and State of New Mexico lands.
Significant private owners, with lands scattered among several of
the proposed critical habitat complexes, include Phelps-Dodge
Corporation and The Nature Conservancy. A large number of other private
landowners hold lands within the proposed designation. Private lands
are primarily used for grazing and agriculture, but also include towns,
small-lot residences, and industrial areas.
D. Effect of Critical Habitat Designation
The designation of critical habitat directly affects only Federal
agencies. The Act requires Federal agencies to ensure that actions they
fund, authorize, or carry out do not destroy or adversely modify
critical habitat to the extent that the action appreciably diminishes
the value of the critical habitat for the survival and recovery of the
species. Individuals, organizations, States, local and Tribal
governments, and other non-Federal entities are only affected by the
designation of critical habitat if their actions occur on Federal
lands, require a Federal permit, license, or other
[[Page 69334]]
authorization, or involve Federal funding.
Section 7(a) of the Act requires Federal agencies to evaluate their
actions with respect to any species that is proposed or listed as
endangered or threatened and with respect to its proposed or designated
critical habitat. Regulations implementing this interagency cooperation
provision of the Act are codified at 50 CFR part 402. Section 7(a)(4)
of the Act and regulations at 50 CFR 402.10 require Federal agencies to
confer with us on any action that is likely to jeopardize the continued
existence of a proposed species or to result in destruction or adverse
modification of proposed critical habitat.
If a species is subsequently listed or critical habitat is
designated, then section 7(a)(2) requires Federal agencies to ensure
that activities they authorize, fund, or carry out are not likely to
jeopardize the continued existence of such a species or destroy or
adversely modify its critical habitat. To that end, if a Federal action
may affect a listed species or its critical habitat, the responsible
Federal agency must enter into consultation with us. Regulations at 50
CFR 402.16 also require Federal agencies to reinitiate consultation in
instances where we have already reviewed an action for its effects on a
listed species if critical habitat is subsequently designated.
Conference on proposed critical habitat results in a report that
may provide conservation recommendations to assist the action agency in
eliminating or minimizing adverse effects to the proposed critical
habitat that may be caused by the proposed agency action. Our
conservation recommendations in a conference report are advisory. If we
subsequently finalize the proposed critical habitat, consultation on
agency actions that may affect the critical habitat will result in a
biological opinion as to whether the proposed action is likely to
destroy or adversely modify critical habitat. If we find the proposed
agency action is likely to destroy or adversely modify the critical
habitat, our biological opinion may also include reasonable and prudent
alternatives to the action that are designed to avoid destruction or
adverse modification of critical habitat.
As a result of conferencing on the proposed critical habitat, we
may issue a formal conference report if requested by a Federal agency.
Formal conference reports on proposed critical habitat contain a
biological opinion that is prepared according to 50 CFR 402.13, as if
critical habitat were designated as final. We may adopt the formal
conference report as the biological opinion when the critical habitat
designation is made final, if no significant new information or changes
in the action alter the content of the opinion (see 50 CFR 402.10(d)).
Section 4(b)(8) of the Act requires us to describe in any proposed
or final regulation that designates critical habitat, a description and
evaluation of those activities involving a Federal action that may
adversely modify such habitat or that may be affected by such
designation. Activities that may destroy or adversely modify critical
habitat include those that alter the primary constituent elements
(defined above) to an extent that the value of critical habitat for
both the survival and recovery of the spikedace or loach minnow is
appreciably reduced.
To properly portray the effects of critical habitat designation, we
must first compare the section 7 requirements for actions that may
affect critical habitat with the requirements for actions that may
affect a listed species. Section 7 prohibits actions funded,
authorized, or carried out by Federal agencies from jeopardizing the
continued existence of a listed species or destroying or adversely
modifying the listed species' critical habitat. Actions likely to
``jeopardize the continued existence'' of a species are those that
would appreciably reduce the likelihood of the species' survival and
recovery. Actions likely to ``destroy or adversely modify'' critical
habitat are those that would appreciably reduce the value of critical
habitat for the survival and recovery of the listed species.
Common to both definitions is an appreciable detrimental effect on
both survival and recovery of a listed species. Given the similarity of
these definitions, actions likely to destroy or adversely modify
critical habitat would almost always result in jeopardy to the species
concerned, particularly when the area of the proposed action is
occupied by the species concerned. In those cases, critical habitat
provides little additional protection to a species, and the
ramifications of its designation are few or none.
Actions on Federal lands that we reviewed in past consultations on
spikedace and loach minnow include land management plans; land
acquisition and disposal; road and bridge construction, maintenance,
and repair; water diversion and development; reservoir construction;
off-road vehicle use; livestock grazing and management; fencing;
prescribed burning; powerline construction and repair; recovery actions
for spikedace and loach minnow; game fish stocking; timber harvest;
access easements; flood repair and control; groundwater development;
channelization; and canal and other water transport facilities
construction and operation. Federal agencies involved with these
activities include the USFS, BLM, Service, and Bureau of Reclamation.
Federal actions taken on private, State, or tribal lands on which
we consulted in the past for spikedace and loach minnow include
irrigation diversion construction and maintenance; flood repair and
control; game fish stocking; timber harvest; water diversion and
development; reservoir construction; water quality standards; and
riparian habitat restoration. Federal agencies involved with these
activities include the Natural Resources Conservation Service, Bureau
of Reclamation, Environmental Protection Agency, Bureau of Indian
Affairs, Indian Health Services, Federal Emergency Management Agency,
and the Service.
Federal actions involving issuance of permits to private parties on
which we consulted in the past for spikedace and loach minnow include
issuance of National Discharge Elimination System permits by the
Environmental Protection Agency and issuance of permits under section
404 of the Clean Water Act for dredging and filling in waterways by the
Army Corps of Engineers. Private actions for which 404 permits were
sought include road and bridge construction, repair and maintenance;
flood control and repair; and water diversion construction and repair.
Since the original listing of spikedace and loach minnow in 1986,
only three consultations ended in a finding that the proposed action
would jeopardize the continued existence of spikedace and/or loach
minnow. An additional four proposed actions received draft findings of
jeopardy, but for three of those, the requests for consultation were
withdrawn and the fourth is still in progress. For the three jeopardy
findings, we included changes to projects and recommended or required
measures to reduce or eliminate impacts to spikedace and loach minnow
and to minimize the potential for take of individuals as follows: Use
of available alternative water sources, water conservation measures,
development of alternative water quality criteria; toxicity studies
with surrogate species; construction and maintenance of barriers to
upstream fish movement; monitoring of fish populations; funding
nonnative species control and listed fish recovery work; and
information and education programs.
[[Page 69335]]
In the many biological opinions we prepared that did not result in
findings of jeopardy to spikedace and loach minnow, we recommended
nonbinding measures to reduce or eliminate impacts to the two species,
plus required measures for the purpose of minimizing the potential for
take of individuals. Both our recommended and required measures
included such things as adjustment in timing of projects to avoid
sensitive periods for the species or their habitats; replanting of
riparian vegetation; minimization of work and vehicle use in the wetted
channel; restriction of riparian and upland vegetation clearing;
fencing to exclude livestock and limit recreational use; use of
alternative livestock management techniques; monitoring of riparian
vegetation, channel morphology, and fish populations; sign
installation; protection of buffer zones; avoidance of pollution;
cooperative planning efforts; minimization of ground disturbance in the
floodplain; use of alternative materials sources; storage of equipment
and staging of operations outside the floodplain; use of block nets to
exclude fish from the work site; use of sediment barriers; removal of
fish from the project area; access restrictions; and use of best
management practices to minimize erosion.
As stated above, designation of critical habitat in areas occupied
by spikedace or loach minnow is not expected to result in regulatory
burden above that already in place due to the presence of the listed
species. However, areas designated as critical habitat that are not
occupied by the species may require protections similar to those
provided to occupied areas under past consultations.
Any activity that would alter the minimum flow or the natural flow
regime of any of the 41 stream segments listed above could destroy or
adversely modify the critical habitat of either or both species. Such
activities include, but are not limited to, groundwater pumping,
impoundment, water diversion, and hydropower generation.
Any activity that would significantly alter watershed
characteristics of any of the 41 stream segments listed above could
destroy or adversely modify the critical habitat of either or both
species. Such activities include, but are not limited to, vegetation
manipulation, timber harvest, road construction and maintenance, human-
ignited prescribed and naturally ignited fire, livestock grazing,
mining, and urban and suburban development.
Any activity that would significantly alter the channel morphology
of any of the 41 stream segments listed above could destroy or
adversely modify the critical habitat of either or both species. Such
activities include, but are not limited to, channelization,
impoundment, road and bridge construction, deprivation of substrate
source, destruction and alteration of riparian vegetation, reduction of
available floodplain, removal of gravel or floodplain terrace
materials, and excessive sedimentation from mining, livestock grazing,
road construction, timber harvest, off-road vehicle use, and other
watershed and floodplain disturbances.
Any activity that would significantly alter the water chemistry in
any of the 41 stream segments listed above could destroy or adversely
modify the critical habitat of either or both species. Such activities
include, but are not limited to, release of chemical or biological
pollutants into the surface water or connected groundwater at a point
source or by dispersed release (non-point).
Any activity that would introduce, spread or augment nonnative
aquatic species could destroy or adversely modify the critical habitat
of either or both species. Such activities include, but are not limited
to, stocking for sport, aesthetics, biological control, or other
purposes; use of live bait fish, aquaculture, or dumping of aquarium
fish or other species; construction and operation of canals; and
interbasin water transfers.
In some cases designation of critical habitat may assist in
focusing conservation activities by identifying areas that contain
essential habitat features (primary constituent elements), regardless
of whether they are currently occupied by the listed species. This
identification alerts the public and land management agencies to the
importance of an area in the conservation of that species. Critical
habitat also identifies areas that may require special management
considerations or protection.
If you have questions regarding whether specific activities will
likely constitute destruction or adverse modification of critical
habitat, contact the Field Supervisor, Arizona Ecological Services
Office (see ADDRESSES section). Requests for copies of the regulations
on listed wildlife and inquiries about prohibitions and permits may be
addressed to the U.S. Fish and Wildlife Service, Division of Endangered
Species, P.O. Box 1306, Albuquerque, New Mexico 87103 (telephone 505-
248-6920; facsimile 505-248-6788).
Economic Analysis
Section 4(b)(2) of the Act requires that we designate critical
habitat on the basis of the best scientific and commercial information
available and consider the economic and other relevant impacts of
designating a particular area as critical habitat. We based this
proposal on the best available scientific information, including the
recommendations in the species' recovery plan. We will utilize the
economic analysis, and take into consideration all comments and
information submitted during the public hearing and comment period, to
make a final critical habitat designation. We may exclude areas from
critical habitat upon a determination that the benefits of such
exclusions outweigh the benefits of specifying such areas as critical
habitat. We cannot exclude such areas from critical habitat when such
exclusion will result in the extinction of the species. We completed a
draft economic analysis, which is available for public review and
comment. Send your requests for copies of the economic analysis to the
Arizona Ecological Services Office (see ADDRESSES section).
Secretarial Order 3206: American Indian Tribal Rights, Federal-
Tribal Trust Responsibilities, and the Endangered Species Act
The stated purpose of Secretarial Order 3206 (Secretarial Order) is
to ``clarif(y) the responsibilities of the component agencies, bureaus,
and offices of the Department of the Interior and the Department of
Commerce, when actions taken under authority of the Act and associated
implementing regulations affect, or may affect, Indian lands, tribal
trust resources, or the exercise of American Indian tribal rights.''
The Secretarial Order acknowledges the government-to-government
relationship with tribes, and the trust responsibility and treaty
obligations of the United States toward Indian tribes.
In keeping with the principles cited in the Secretarial Order, we
are committed to assisting Indian tribes in developing and expanding
tribal programs so that healthy ecosystems are promoted and
conservation regulations, such as designation of critical habitat, on
tribal lands are unnecessary (Principle 3). In addition to
affirmatively assisting Indian tribes who wish assistance with
conservation programs, we recognize that tribes are appropriate
governmental entities to manage their lands and tribal trust resources
and support tribal measures that preclude the need for conservation
regulations.
[[Page 69336]]
The Secretarial Order also requires us to consult with Indian
tribes that might be affected by the designation of critical habitat in
an area that might impact tribal trust resources, tribally owned fee
lands, or the exercise of tribal rights. In our deliberations over this
critical habitat proposal, we identified two categories of possible
effects to tribes or tribal resources. These include: (1) effects
resulting from designation of critical habitat on Indian lands; and (2)
effects on tribal resources, such as water deliveries, resulting from
designation of critical habitat on non-tribal lands. We identified the
Indian Reservations of the White Mountain, San Carlos, and Yavapai
Apache Tribes as containing stream reaches that may be appropriate for
designation of critical habitat. Additionally, several tribes,
including the Salt River, Ft. McDowell, and Gila River Indian Tribes,
are located downstream from designated critical habitat and depend on
water deliveries from upstream sources.
Public Law 106-113 and H.R. 3423 prohibit us from using any of our
appropriated funds to implement two provisions of the Secretarial
order: Principle 3(C)(ii) (prohibiting the imposing of conservation
restrictions involving incidental take if the conservation purposes of
the restriction can be achieved by reasonable regulation of non-Indian
activities) and Appendix section 3(B)(4) (regarding designation of
critical habitat, including the requirement that the Service consult
with affected tribes). However, portions of Principle 3(C) unaffected
by Public Law 106-113 and H.R. 3423 require consultation with affected
tribes prior to implementation of any conservation restriction.
Moreover, Presidential Memorandum of April 29, 1994, also requires us
to consult with the tribes [on matters that affect them], and section
4(b)(2) of the Act requires us to gather information regarding the
designation of critical habitat and the effects thereof from all
relevant sources, including the tribes. Therefore, although we will not
consult pursuant to Appendix section 3(B)(4) of the Secretarial Order,
we will consult with the tribes to the extent possible in the time
allowed by the court order pursuant to these other authorities.
1. Designation of Critical Habitat on Indian Reservations
Appendix 3(B)(4) of the Secretarial Order also states: ``Critical
habitat shall not be designated [on tribal lands] unless it is
determined essential to conserve a listed species. In designating
critical habitat, the Services shall evaluate and document the extent
to which the conservation needs of the listed species can be achieved
by limiting the designation to other lands.'' Again, pursuant to Public
Law 106-113 and H.R. 3423, we may not expend funds to implement these
requirements. However, we must still determine whether all relevant
areas, including tribal lands, in fact qualify as critical habitat
pursuant to Section 3(5) of the Act. With respect to currently occupied
habitat, that provision limits critical habitat to areas ``on which are
found those physical and biological features (I) essential to the
conservation of the species and (II) which may require special
management considerations and protection.'' Moreover, pursuant to
Section 4(b)(2) of the Act, we must determine whether to exclude
particular areas from designation because the benefits of exclusion
outweigh the benefits of including the areas as critical habitat. We
spoke with representatives of the White Mountain Apache, San Carlos
Apache, and Yavapai Apache Tribes, the three tribes which may have
critical habitat for spikedace or loach minnow on their reservations.
However, we do not have information on which to base an assessment of
whether voluntary tribal measures are adequate to achieve conservation
of spikedace and loach minnow on tribal lands. In addition, the short
time allowed by the court to complete this critical habitat designation
precludes us from engaging in a level of consultation with the tribes
on a government-to-government basis, which would enable us to make this
required determination.
Given the above, we are not proposing critical habitat on the Fort
Apache, San Carlos Apache, or Yavapai Apache Indian Reservations at
this time. However, Eagle Creek and the Verde and White Rivers on these
reservations may be critical habitat for the spikedace and loach
minnow. As provided under section 4(b)(2) of the Act, we are soliciting
information as to whether these areas should be designated as critical
habitat and will be discussing with the tribes whether their voluntary
measures are adequate to conserve these species on tribal lands. We
will consider this information in determining which, if any, tribal
land should be included in the final designation as critical habitat
for spikedace or loach minnow.
2. Effects on Tribal Trust Resources from Critical Habitat Designation
on Non-Tribal Lands
We do not anticipate that proposal of critical habitat on non-
tribal lands will result in any impact on tribal trust resources or the
exercise of tribal rights. However, it is essential in complying with
our responsibilities under the Secretarial Order to communicate with
all tribes potentially affected by the designation. As stated above,
the Salt River, Ft. McDowell, and Gila River Indian Tribes as well as
the White Mountain, San Carlos, and Yavapai Apache Tribes are all
located downstream from proposed critical habitat for the spikedace and
loach minnow. However, many of these tribes either have major
impoundments on their reservations or lie below major impoundments, and
release of water from such impoundments may be regulated by court
decree or other considerations. Therefore, we are soliciting
information during the comment period on potential effects to tribes or
tribal resources that may result from critical habitat designation.
Public Comments Solicited
It is our intent that any final action resulting from this proposal
will be as accurate and as effective as possible. Therefore, we solicit
comments or suggestions from the public, other concerned governmental
agencies, the scientific community, industry, or any other interested
party concerning this proposed rule. We particularly seek comments
concerning:
(1) The reasons why any habitat should or should not be determined
to be critical habitat as provided by section 4 of the Act, including
whether the benefits of excluding areas will outweigh the benefits of
including areas as critical habitat;
(2) Specific information on the amount and distribution of
spikedace and loach minnow habitat, and what habitat is essential to
the conservation of the species and why;
(3) Land use practices and current or planned activities in the
subject areas and their possible impacts on proposed critical habitat;
(4) Any foreseeable economic or other impacts resulting from the
proposed designation of critical habitat, in particular, any impacts on
small entities or families; and
(5) Economic and other values associated with designating critical
habitat for the spikedace and the loach minnow, such as those derived
from nonconsumptive uses (e.g., hiking, camping, birding, enhanced
watershed protection, increased soil retention, ``existence values,''
and reductions in administrative costs).
Executive Order 12866 requires each agency to write regulations and
notices that are easy to understand. We invite your comments on how to
make this proposed rule easier to understand including answers to
questions such as
[[Page 69337]]
the following: (1) Are the requirements in the document clearly
stated? (2) Does the proposed rule contain technical language or jargon
that interferes with the clarity? (3) Does the format of the proposed
rule (grouping and order of sections, use of headings, paragraphing,
etc.) aid or reduce its clarity? (4) Is the description of the proposed
rule in the ``Supplementary Information'' section of the preamble
helpful in understanding the document? (5) What else could we do to
make the proposed rule easier to understand?
Our practice is to make comments, including names and home
addresses of respondents, available for public review during regular
business hours. Individual respondents may request that we withhold
their home address from the rulemaking record, which we will honor to
the extent allowable by law. There also may be circumstances in which
we would withhold from the rulemaking record a respondent's identity,
as allowable by law. If you wish us to withhold your name and/or
address, you must state this prominently at the beginning of your
comment. However, we will not consider anonymous comments. We will make
all submissions from organizations or businesses, and from individuals
identifying themselves as representatives or officials of organizations
or businesses, available for public inspection in their entirety.
In accordance with our policy published on July 1, 1994 (59 FR
34270), we will seek the expert opinions of at least three appropriate
and independent specialists regarding this proposed rule. The purpose
of such review is to ensure listing decisions are based on
scientifically sound data, assumptions, and analyses. We will send
copies of this proposed rule immediately following publication in the
Federal Register to these peer reviewers. We will invite these peer
reviewers to comment, during the public comment period, on the specific
assumptions and conclusions regarding the proposed designation of
critical habitat.
We will consider all comments and information received during the
comment period on this proposed rule during preparation of a final
rulemaking. Accordingly, the final decision may differ from this
proposal.
Public Hearings
We have scheduled three public hearings at the following places and
times:
December 15, 1999, from 7:00-9:00 p.m.
1. Eastern Arizona College Activity Center, Lee Little Theater, 1014 N.
College Avenue, Thatcher, Arizona
2. Western New Mexico University, White Hall Auditorium, 1000 College
Street, Silver City, New Mexico
December 16, 1999, from 7:00-9:00 p.m.
Camp Verde Unified Schools, Multi-Use Complex Theater, 280 Camp
Lincoln Road, Camp Verde, Arizona
Required Determinations
Regulatory Planning and Review
In accordance with the criteria in Executive Order 12866, this rule
is a significant regulatory action. The Office of Management and Budget
reviewed this document. We prepared a draft economic analysis of this
proposed action to determine the economic consequences of designating
the specific areas as critical habitat. The draft economic analysis is
available for public review and comment during the comment period on
this proposed rule (see ADDRESSES section of this rule). The proposed
rule, if made final, will not significantly impact entitlements,
grants, user fees, loan programs, or the rights and obligations of
their recipients. This rule will not raise novel legal or policy
issues.
Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
In the economic analysis, we determined that designation of
critical habitat will not have a significant effect on a substantial
number of small entities.
Small Business Regulatory Enforcement Fairness Act (5 U.S.C. 804(2))
In our economic analysis, we determined that designation of
critical habitat will not cause (a) any effect on the economy of $100
million or more, (b) any increases in costs or prices for consumers;
individual industries; Federal, State, or local government agencies; or
geographic regions, or (c) any significant adverse effects on
competition, employment, investment, productivity, innovation, or the
ability of U.S.-based enterprises to compete with foreign-based
enterprises.
Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.)
As outlined in our economic analysis, this rule does not impose an
unfundated mandate on State, local or tribal governments or the private
sector of more than $100 million or greater in any year. The proposed
rule, if made final, does not have a significant or unique effect on
State local or tribal governments or the private sector. A statement
containing the information required by the Unfunded Mandates Reform Act
(2 U.S.C. 1531 et seq.) is not required.
Takings
In accordance with Executive Order 12630, this rule does not have
significant takings implications, and a takings implication assessment
is not required. This proposed rule, if made final, will not ``take''
private property. However, we will evaluate whether the value of
private property is altered by it being designated as critical habitat
on a case by case basis. Critical habitat designation is only
applicable to Federal lands and to private lands if a Federal nexus
exists. We do not designate private lands as critical habitat unless
the areas are essential to the conservation of a species.
Federalism
In accordance with Executive Order 13132, this proposed rule, if
made final, will not affect the structure or role of States, and will
not have direct, substantial, or significant effects on States. As
previously stated, critical habitat is applicable to Federal lands and
to non-Federal lands only when a Federal nexus exists.
In keeping with Department of the Interior and Department of
Commerce policy, the Service requested information from and coordinated
development of this critical habitat proposal with appropriate State
resource agencies in Arizona and New Mexico, as well as during the
listing process. In addition, both States have representatives on our
recovery team for this species. We will continue to coordinate any
future designation of critical habitat for spikedace and loach minnow
with the appropriate State agencies.
Civil Justice Reform
In accordance with Executive Order 12988, the Department of the
Interior's Office of the Solicitor determined that this rule does not
unduly burden the judicial system and meets the requirements of
sections 3(a) and 3(b)(2) of the Order. The Office of the Solicitor
will review the final determination for this proposal. We will make
every effort to ensure that the final determination contains no
drafting errors, provides clear standards, simplifies procedures,
reduces burden, and is clearly written such that litigation risk is
minimized.
[[Page 69338]]
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)
This rule does not contain any information collection requirements
for which Office of Management and Budget approval under the Paperwork
Reduction Act is required.
National Environmental Policy Act
It is our position that, outside the Tenth Circuit, we do not need
to prepare environmental analyses as defined by the NEPA in connection
with designating critical habitat under the Endangered Species Act of
1973, as amended. We published a notice outlining our reasons for this
determination in the Federal Register on October 25, 1983 (48 FR
49244). This assertion was upheld in the courts of the Ninth Circuit
(Douglas County v. Babbitt, 48 F.3d 1495 (9th Cir. Ore. 1995), cert.
denied 116 S. Ct. 698 (1996). However, when the range of the species
includes States within the Tenth Circuit, such as that of the spikedace
and loach minnow, pursuant to the Tenth Circuit ruling in Catron County
Board of Commissioners v. U.S. Fish and Wildlife Service, 75 F.3d 1429
(10th Cir. 1996), we undertake a NEPA analysis for critical habitat
designation. Send your requests for copies of the draft environmental
assessment for this proposal to the Arizona Ecological Services Office
(see ADDRESSES section).
References Cited
A complete list of all references cited in this proposed rule is
available upon request from the Arizona Ecological Services Office (see
ADDRESSES section).
Author
The primary author of this notice is Paul J. Barrett (see ADDRESSES
section).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Proposed Regulation Promulgation
Accordingly, we propose to amend part 17, subchapter B of chapter
I, title 50 of the Code of Federal Regulations as set forth below:
PART 17--[AMENDED]
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.
2. Amend Sec. 17.11(h), by revising the entry for ``minnow, loach''
and ``spikedace'' under ``FISHES'' to read as follows:
Sec. 17.11 Endangered and threatened wildlife.
* * * * *
(h) * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Species Vertebrate
-------------------------------------------------------- population where Critical Special
Historic range endangered or Status When listed habitat rules
Common name Scientific name threatened
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * * *
FISHES
* * * * * * * *
Minnow, loach.................... Tiaroga (= U.S.A. (AZ, NM), entire............. T 247 Sec. 17.95 NA
Rhinichthys) Mexico. (e)
cobitis.
* * * * * * * *
Spikedace........................ Meda fulgida........ U.S.A. (AZ, NM), entire............. T 236 Sec. 17.95 NA
Mexico. (e)
* * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
3. Amend Sec. 17.95(e) by adding critical habitat for the spikedace
(Meda fulgida) in the same alphabetical order as this species occurs in
Sec. 17.11(h).
Sec. 17.95 Critical habitat--fish and wildlife.
* * * * *
(e) Fishes.
* * * * *
SPIKEDACE (Meda fulgida)
1. Critical habitat units are depicted for Apache, Cochise,
Gila, Graham, Greenlee, Navajo, Pima, Pinal, and Yavapai Counties,
Arizona, and Catron, Grant, and Hidalgo Counties, New Mexico, on the
maps and as described below.
2. Critical habitat includes the stream channels within the
identified stream reaches indicated on the maps below and areas
within these reaches potentially inundated by high flow events.
3. Within these areas, the primary constituent elements include,
but are not limited to, those habitat components that are essential
for the primary biological needs of foraging, sheltering, and
reproduction. These elements include the following: (1) Permanent,
flowing, unpolluted water; (2) living areas for adult spikedace with
slow to swift flow velocities in shallow water with shear zones
where rapid flow borders slower flow, areas of sheet flow at the
upper ends of mid-channel sand/gravel bars, and eddies at downstream
riffle edges; (3) living areas for juveniles with slow to moderate
water velocities in shallow water with moderate amounts of instream
cover; (4) living areas for the larval stage with slow to moderate
flow velocities in shallow water with abundant instream cover; (5)
sand, gravel, and cobble substrates with low to moderate amounts of
fine sediment and substrate embeddedness; (6) pool, riffle, run, and
backwater components of the streams; (7) low stream gradient; (8)
water temperatures in the approximate range of 1-30 deg.C (35-85
deg.F) with natural diurnal and seasonal variation; (9) abundant
aquatic insect food base; (10) periodic natural flooding; (11) a
natural, unregulated hydrograph, or if flows are modified or
regulated, then a hydrograph that demonstrates an ability to support
a native fish community; and (12) few or no predatory or competitive
nonnative species present.
4. Arizona (Gila and Salt River Meridian (GSRM) and New Mexico
(New Mexico Principal Meridian (NMPM)): Areas of land and water as
follows (physical features were identified using USGS 7.5'
quadrangle maps; river reach distances were derived from digital
data obtained from Arizona Land Resources Information System (ALRIS)
and New Mexico Resource Geographic Information System (RGIS)):
[[Page 69339]]
[GRAPHIC] [TIFF OMITTED] TP10DE99.006
[[Page 69340]]
[GRAPHIC] [TIFF OMITTED] TP10DE99.007
SPIKEDACE (Meda fulgida)
Complex 1. Yavapai County, Arizona
a. Verde River for approximately 171.3 km (106.5 mi), extending
from the confluence with Fossil Creek in GSRM, T.11N., R.6E., NE1/4
Sec. 25 upstream to Sullivan Dam in GSRM, T.17N., R.2W., NW1/4 Sec.
15.
b. Fossil Creek for approximately 7.6 km (4.7 mi), extending
from the confluence with the Verde River in GSRM, T.11.N., R.6E.,
NE1/4 Sec. 25 upstream to the confluence with an unnamed tributary
from the northwest in GSRM, T.11 1/2N., R.7E., center Sec. 29.
c. West Clear Creek for approximately 11.6 km (7.2 mi),
extending from the confluence with the Verde River in GSRM, T.13N.,
R.5E., center Sec. 21, upstream to the confluence with Black
Mountain Canyon in GSRM, T.13N., R.6E., SE1/4 Sec. 17.
d. Beaver Creek/Wet Beaver Creek for approximately 33.4 km (20.8
mi), extending from the confluence with the Verde River in GSRM,
T.14N., R.5E., SE1/4 Sec. 30 upstream to the confluence with Casner
Canyon in GSRM, T.15N., R.6E., NW1/4 Sec. 23.
e. Oak Creek for approximately 54.4 km (33.8 mi), extending from
the confluence with the Verde River in GSRM, T.15N., R.4E., SE1/4
Sec. 20 upstream to the confluence with an unnamed tributary from
the south in GSRM, T.17N., R.5E., SE1/4, NE1/4 Sec. 24.
f. Granite Creek for approximately 2.3 km (1.4 mi), extending
from the confluence with the Verde River in GSRM, T.17N., R.2W.,
NE1/4 Sec. 14 upstream to a spring in GSRM, T.17N., R.2W., SW1/4,
SW1/4, Sec. 13.
[[Page 69341]]
[GRAPHIC] [TIFF OMITTED] TP10DE99.008
Complex 2. Apache and Greenlee Counties, Arizona
a. East Fork Black River for approximately 8.2 km (5.1 mi),
extending from the confluence with the West Fork Black River in
GSRM, T.4N., R.28E., SE1/4 Sec. 11 upstream to the confluence with
Deer Creek in GSRM, T.5N., R.29E., NW1/4 Sec. 30.
b. North Fork of the East Fork Black River for approximately
11.6 km (7.2 mi), extending from the confluence of the East Fork
Black River and Deer Creek in GSRM, T.5N., R.29E., NW1/4 Sec. 30
upstream to the confluence with Boneyard Creek in GSRM, T5N, R29E,
SW1/4 Sec. 5.
c. West Fork Black River for approximately 10.3 km (6.4 mi),
extending from the confluence with the East Fork Black River in
GSRM, T.4N, R.28E., SE1/4 Sec. 11 upstream to the confluence with
Hay Creek in GSRM, T.5N., R.28E., SE1/4, Sec. 19.
[[Page 69342]]
[GRAPHIC] [TIFF OMITTED] TP10DE99.009
Complex 3. Gila County, Arizona
a. Tonto Creek for approximately 47.0 km (29.2 mi), extending
from the confluence with Greenback Creek in GSRM, T.5N., R.11E.,
NW1/4 Sec. 8 upstream to the confluence with Houston Creek in GSRM,
T.9N., R.11E., NE1/4, Sec. 18.
b. Greenback Creek for approximately 13.5 km (8.4 mi), extending
from the confluence with Tonto Creek in GSRM, T.5N., R.11E., NW1/4
Sec. 8 upstream to Lime Springs in GSRM, T.6N., R.12E., SW1/4 Sec.
20.
c. Rye Creek for approximately 2.1 km (1.3 mi), extending from
the confluence with Tonto Creek in GSRM, T.8N., R.10E., NE1/4 Sec.
24 upstream to the confluence with Brady Canyon in GSRM, T.8N.,
R.10E., NE1/4 Sec. 14.
[[Page 69343]]
[GRAPHIC] [TIFF OMITTED] TP10DE99.010
Complex 4. Graham and Pinal Counties, Arizona
a. Gila River for approximately 62.8 km (39.0 mi), extending
from Ashurst-Hayden Dam in GSRM, T.4S., R.11E., NW1/4 Sec. 8
upstream to the confluence with the San Pedro River in GSRM, T.5S.,
R.15E., center Sec. 23.
b. San Pedro River for approximately 21.4 km (13.3 mi),
extending from the confluence with the Gila River in GSRM, T.5S.,
R.15E., center Sec. 23 upstream to the confluence with Aravaipa
Creek in GSRM, T.7S., R.16E., center Sec. 9.
c. Aravaipa Creek for approximately 45.3 km (28.1 mi), extending
from the confluence with the San Pedro River in GSRM, T.7S., R.16E.,
center Sec. 9 upstream to the confluence with Stowe Gulch in GSRM,
T.6S., R.19E., SE1/4 of the NE1/4 Sec. 35.
[[Page 69344]]
[GRAPHIC] [TIFF OMITTED] TP10DE99.011
[[Page 69345]]
Complex 5. Cochise, Graham, and Pima Counties, Arizona.
a. San Pedro River for approximately 73.6 km (45.8 mi),
extending from the confluence with Alder Wash in GSRM, T.10S.,
R.18E., SW1/4 Sec.22 upstream to the confluence with Ash Creek in
GSRM, T.16S., R.20E., SE1/4 Sec. 6.
b. Redfield Canyon for approximately 22.3 km (13.9 mi),
extending from the confluence with the San Pedro River in GSRM,
T.11S., R.18E., SW1/4 Sec. 34 upstream to the confluence with
Sycamore Canyon in GSRM, T.11S., R.20E., NW1/4 Sec. 28.
c. Hot Springs Canyon for approximately 19.1 km (11.8 mi),
extending from the confluence with the San Pedro River in GSRM,
T.13S., R.19E., west center Sec. 23 upstream to the confluence with
Bass Canyon in GSRM, T.12S., R.20E., NE1/4 Sec. 36.
d. Bass Canyon for approximately 5.1 km (3.2 mi), extending from
the confluence with Hot Springs Canyon in GSRM, T.12S., R.20E., NE1/
4 Sec. upstream to the confluence with Pine Canyon in GSRM, T.12S.,
R.21E., center Sec. 20.
e. San Pedro River for approximately 60.0 km (37.2 mi),
extending from the confluence with the Babocomari River in the San
Juan de las Boquillas y Nogales land grant upstream to the U.S.
border with Mexico in GSRM, T.24S., R.22E., Sec. 19.
[[Page 69346]]
[GRAPHIC] [TIFF OMITTED] TP10DE99.012
Complex 6. Graham and Greenlee Counties, Arizona and Catron County, New
Mexico
a. Gila River for approximately 36.3 km (22.6 mi), extending
from the Brown Canal diversion at the head of the Safford Valley in
GSRM, T.6S., R.28E., SE1/4 Sec. 30 upstream to the confluence with
Owl Canyon in GSRM, T.5S., R.30E., SW1/4 Sec. 30.
b. Bonita Creek for approximately 23.5 km (14.6 mi), extending
from the confluence with the Gila River in GSRM, T.6S., R.28E.,
SE1/4 Sec. upstream to the confluence with Martinez Wash in GSRM,
T.4S., R.27E., SE1/4 Sec.27.
c. Eagle Creek for approximately 72.8 km (45.2 mi), extending
from the Phelps-Dodge diversion dam in GSRM, T.4S., R.28E., NW1/4
Sec. 23 upstream to the confluence of Dry Prong and East Eagle
Creeks in GSRM, T.2N., R.28E., SW1/4 Sec. 20; but excluding lands of
the San Carlos Apache Reservation.
d. San Francisco River for approximately 181.5 km (118.2 mi),
extending from the confluence with the Gila River in GSRM, T.5S.,
R.29E., SE1/4 Sec. 21 upstream to the confluence with the Tularosa
River in the NMPM, T.7S., R.19W., SW1/4 Sec. 23.
e. Blue River for approximately 81.9 km (51.0 mi), extending
from the confluence with the San Francisco River in GSRM, T.2S.,
R.31E., SE1/4 Sec. 31 upstream to the confluence of Campbell and Dry
Blue Creeks in NMPM, T.7S., R.21W., SE1/4 Sec. 6.
f. Campbell Blue Creek for approximately 13.1 km (8.2 mi),
extending from the confluence with Dry Blue Creek in NMPM, T.7S.,
R.21W., SE1/4 Sec. 6 upstream to the confluence with Coleman Creek
in GSRM, T.4 1/2 N., R.31E., SW1/4 of the NE1/4 Sec. 32.
g. Little Blue Creek for approximately 4.5 km (2.8 mi),
extending from the confluence with the Blue River in GSRM, T.1S.,
R.31E., center Sec. upstream to the mouth of a box canyon in GSRM,
T.1N., R.31E., NE1/4 SE1/4 Sec. 29.
[[Page 69347]]
[GRAPHIC] [TIFF OMITTED] TP10DE99.013
Complex 7. Grant and Catron Counties, New Mexico.
a. Gila River for approximately 164.4 km (102.2 mi), extending
from the confluence with Moore Canyon in NMPM, T.18S., R.21W., SE1/4
SW1/4 Sec. 31 upstream to the confluence of the East and West Forks
of the Gila River in NMPM, T.13S., T.13W., center Sec. 8.
b. East Fork Gila River for approximately 42.1 km (26.1 mi),
extending from the confluence with the West Fork Gila River in NMPM,
T.13S., R.13W., center Sec. 8 upstream to the confluence of Beaver
and Taylor Creeks in NMPM, T.11S., R.12W., NE1/4 Sec. 17.
c. Middle Fork Gila River for approximately 12.3 km (7.7 mi),
extending from the confluence with the West Fork Gila River in NMPM,
T.12S., R.14W., SW1/4 Sec. 25 upstream to the confluence with Big
Bear Canyon in NMPM, T.12S., R.14W., NW1/4 Sec. 2.
d. West Fork Gila River for approximately 12.4 km (7.7 mi),
extending from the confluence with the East Fork Gila River in NMPM,
T.13S., R.13W., center Sec. 8 upstream to the confluence with EE
Canyon in NMPM, T.12S., R.14W., east boundary of Sec. 21.
* * * * *
4. Amend Sec. 17.95(e) by adding critical habitat for the loach
minnow (Tiaroga (=Rhinichthys) cobitis) in the same alphabetical
order as this species occurs in Sec. 17.11(h):
Sec. 17.95 Critical habitat--fish and wildlife.
* * * * *
(e) Fishes.
* * * * *
LOACH MINNOW (Tiaroga (=Rhinichthys) cobitis)
1. Critical habitat units are depicted for Apache, Cochise,
Gila, Graham, Greenlee, Pima, Pinal, and Yavapai Counties, Arizona,
and Catron and Grant Counties, New Mexico on the maps and as
described below.
2. Critical habitat includes the stream channels within the
identified stream reaches indicated on the maps below and areas
within these reaches potentially inundated by high flow events.
[[Page 69348]]
3. Within these areas, the primary constituent elements include,
but are not limited to, those habitat components that are essential
for the primary biological needs of foraging, sheltering, and
reproduction. These elements include the following: (1) Permanent
flowing, unpolluted water; (2) living areas for adults with moderate
to swift flow velocities in shallow water with gravel, cobble, and
rubble substrates; (3) living areas for juveniles with moderate to
swift flow velocities in shallow water with sand, gravel, cobble,
and rubble substrates; (4) living areas for larval loach minnow with
slow to moderate velocities in shallow water with sand, gravel, and
cobble substrates and abundant instream cover; (5) spawning areas
with slow to swift flow velocities in shallow water with uncemented
cobble and rubble substrate; (6) low amounts of fine sediment and
substrate embeddedness; (7) riffle, run, and backwater components
present in the aquatic habitat; (8) low to moderate stream gradient;
(9) water temperatures in the approximate range of 1-30 deg.C (35-
85 deg.F) with natural diurnal and seasonal variation; (10) abundant
aquatic insect food base; (11) periodic natural flooding; (12) a
natural, unregulated hydrograph, or if flows are modified or
regulated, then a hydrograph that demonstrates a retained ability to
support a native fish community; and (13) few or no predatory or
competitive nonnative species present.
4. Arizona (Gila and Salt River Meridian (GSRM)) and New Mexico
(New Mexico Principal Meridian (NMPM)): Areas of land and water as
follows (physical features were identified using USGS 7.5'
quadrangle maps; river reach distances were derived from digital
data obtained from Arizona Land Resources Information System (ALRIS)
and New Mexico Resource Geographic Information System (RGIS)):
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[GRAPHIC] [TIFF OMITTED] TP10DE99.015
[[Page 69349]]
LOACH MINNOW (Tiaroga (=Rhinichthys) cobitis)
Complex 1. Yavapai County, Arizona
a. Verde River for approximately 171.3 km (106.5 mi), extending
from the confluence with Fossil Creek in GSRM, T.11N., R.6E., NE1/4
Sec. 25 upstream to Sullivan Dam in GSRM, T.17N., R.2W., NW1/4 Sec.
15.
b. Fossil Creek for approximately 7.6 km (4.7 mi), extending
from the confluence with the Verde River in GSRM, T.11N., R.6E.,
NE1/4 Sec. 25 upstream to the confluence with an unnamed tributary
from the northwest in GSRM, T.11 1/2N., R.7E., center Sec. 29.
c. West Clear Creek for approximately 11.6 km (7.2 mi),
extending from the confluence with the Verde River in GSRM, T.13N.,
R.5E., center Sec. 21, upstream to the confluence with Black
Mountain Canyon in GSRM, T.13N., R.6E., SE1/4 Sec. 17.
d. Beaver Creek/Wet Beaver Creek for approximately 33.4 km
(20.8mi), extending from the confluence with the Verde River in
GSRM, T.14N., R.5E., SE1/4 Sec. 30 upstream to the confluence with
Casner Canyon in GSRM, T.15N., R.6E., NW1/4 Sec. 23.
e. Oak Creek for approximately 54.4 km (33.8 mi), extending from
the confluence with the Verde River in GSRM, T.15N., R.4E., SE1/4
Sec. 20 upstream to the confluence with an unnamed tributary from
the south in GSRM, T.17N., R.5E., SE1/4, NE1/4 Sec. 24.
f. Granite Creek for approximately 2.3 km (1.4 mi), extending
from the confluence with the Verde River in GSRM, T.17N., R.2W.,
NE1/4 Sec. 14 upstream to a spring in GSRM, T.17N., R.2W., SW1/4,
SW1/4, Sec. 13.
[GRAPHIC] [TIFF OMITTED] TP10DE99.016
Complex 2. Apache and Greenlee Counties, Arizona
a. East Fork Black River for approximately 8.2 km (5.1 mi),
extending from the confluence with the West Fork Black River in
GSRM, T.4N., R.28E., SE1/4 Sec. 11 upstream to the confluence with
Deer Creek in GSRM, T.5N., R.29E., NW1/4 Sec. 30.
b. North Fork of the East Fork Black River for approximately
18.0 km (11.2 mi), extending from the confluence of the East Fork
Black River and Deer Creek in GSRM, T.5N., R.29E., NW1/4 Sec. 30
upstream to the confluence with an unnamed tributary flowing from
the east in GSRM, T.6N., R.29E., center Sec. 30.
c. Boneyard Creek for approximately 2.3 km (1.4 mi), extending
from the confluence with the North Fork of the East Fork Black River
in GSRM, T.5N., R.29E., SW1/4 Sec. 5 upstream to the confluence with
an unnamed tributary flowing from the east near Clabber City in
GSRM, T.6N., R.29E., SE1/4 SE1/4 Sec. 32.
[[Page 69350]]
d. Coyote Creek for approximately 3.1 km (2.0 mi), extending
from the confluence with the North Fork of the East Fork Black River
in GSRM, T.5N., R.29E., NE1/4 Sec. 8 upstream to the confluence with
an unnamed tributary flowing from the south in GSRM, T.5N., R.19E.,
NW1/4 Sec. 10.
e. West Fork Black River for approximately 10.3 km (6.4 mi),
extending from the confluence with the East Fork Black River in
GSRM, T.4N., R.28E., SE1/4 Sec. 11 upstream to the confluence with
Hay Creek in GSRM, T.5N., R.28E., SE1/4, Sec. 19.
[GRAPHIC] [TIFF OMITTED] TP10DE99.017
Complex 3. Gila County, Arizona
a. Tonto Creek for approximately 70.3 km (43.7 mi), extending
from the confluence with Greenback Creek in GSRM, T.5N., R.11E.,
NW1/4 Sec. 8 upstream to the confluence with Haigler Creek in GSRM,
T.10N., R.12E., NW1/4, Sec. 14.
b. Greenback Creek for approximately 13.5 km (8.4 mi), extending
from the confluence with Tonto Creek in GSRM, T.5N., R.11E., NW1/4
Sec. 8 upstream to Lime Springs in GSRM, T.6N., R.12E., SW1/4 Sec.
20.
c. Rye Creek for approximately 2.1 km (1.3 mi), extending from
the confluence with Tonto Creek in GSRM, T.8N., R.10E., NE1/4 Sec.
24 upstream to the confluence with Brady Canyon in GSRM, T.8N.,
R.10E., NE1/4 Sec. 14.
[[Page 69351]]
[GRAPHIC] [TIFF OMITTED] TP10DE99.018
Complex 4. Graham and Pinal Counties, Arizona
a. Gila River for approximately 62.8 km (39.0 mi), extending
from Ashurst-Hayden Dam in GSRM, T.4S., R.11E., NW1/4 Sec. 8
upstream to the confluence with the San Pedro River in GSRM, T.5S.,
R.15E., center Sec. 23.
b. San Pedro River for approximately 21.4 km (13.3 mi),
extending from the confluence with the Gila River in GSRM, T.5S.,
R.15E., center Sec. 23 upstream to the confluence with Aravaipa
Creek in GSRM, T.7S., R.16E., center Sec. 9.
c. Aravaipa Creek for approximately 45.3 km (28.1 mi), extending
from the confluence with the San Pedro River in GSRM, T.7S., R.16E.,
center Sec. 9 upstream to the confluence with Stowe Gulch in GSRM,
T.6S., R.19E., SE1/4 of the NE1/4 Sec. 35.
d. Turkey Creek for approximately 4.3 km (2.7 mi), extending
from the confluence with Aravaipa Creek in GSRM, T.6S., R.19E.,
center Sec. 19 upstream to the confluence with Oak Grove Canyon in
GSRM, T.6S., R.19E., SW1/4 Sec. 32.
f. Deer Creek for approximately 3.6 km (2.3 mi), extending from
the confluence with Aravaipa Creek in GSRM, T.6S., R.18E., SE1/4 of
the SE1/4 Sec. 14 upstream to the boundary of the Aravaipa
Wilderness at GSRM, T.6S., R.18E., east boundary Sec. 13.
[[Page 69352]]
[GRAPHIC] [TIFF OMITTED] TP10DE99.019
Complex 5. Cochise, Graham, and Pima Counties, Arizona
a. San Pedro River for approximately 73.6 km (45.8 mi),
extending from the confluence with Alder Wash in GSRM, T.10S.,
R.18E., SW1/4 Sec. 22 upstream to the confluence with Ash Creek in
GSRM, T.16S., R.20E., SE1/4 Sec. 6.
b. Redfield Canyon for approximately 22.3 km (13.9 mi),
extending from the confluence with the San Pedro River in GSRM,
T.11S., R.18E., SW1/4 Sec. 34 upstream to the confluence with
Sycamore Canyon in GSRM, T.11S., R.20E., NW1/4 Sec. 28.
c. Hot Springs Canyon for approximately 19.1 km (11.8 mi),
extending from the confluence with the San Pedro River in
[[Page 69353]]
GSRM, T.13S., R.19E., west center Sec. 23 upstream to the confluence
with Bass Canyon in GSRM, T.12S., R.20E., NE1/4 Sec. 36.
d. Bass Canyon for approximately 5.1 km (3.2 mi), extending from
the confluence with Hot Springs Canyon in GSRM, T.12S., R.20E., NE1/
4 Sec. upstream to the confluence with Pine Canyon in GSRM, T.12S.,
R.21E., center Sec. 20.
e. San Pedro River for approximately 60.0 km (37.2 mi),
extending from the confluence with the Babocomari River in the San
Juan de las Boquillas y Nogales land grant upstream to the U.S.
border with Mexico in GSRM, T.24S., R.22E., Sec. 19.
[GRAPHIC] [TIFF OMITTED] TP10DE99.020
Complex 6. Graham and Greenlee Counties, Arizona and Catron County, New
Mexico
a. Gila River for approximately 36.3 km (22.6 mi), extending
from the Brown Canal diversion at the head of the Safford Valley in
GSRM, T.6S., R.28E., SE1/4 Sec. 30 upstream to the confluence with
Owl Canyon in GSRM, T.5S., R.30E., SW1/4 Sec. 30.
b. Bonita Creek for approximately 23.5 km (14.6 mi), extending
from the confluence with the Gila River in GSRM, T.6S., R.28E., SE1/
4 Sec. upstream to the confluence with
[[Page 69354]]
Martinez Wash in GSRM, T.4S., R.27E., SE1/4 Sec. 27.
c. Eagle Creek for approximately 72.8 km (45.2 mi), extending
from the Phelps-Dodge diversion dam in GSRM, T.4S., R.28E., NW1/ 4
Sec. 23 upstream to the confluence of Dry Prong and East Eagle
Creeks in GSRM, T.2N., R.28E., SW1/4 Sec. 20; but excluding lands
of the San Carlos Apache Reservation.
d. San Francisco River for approximately 203.3 km (126.3 mi),
extending from the confluence with the Gila River in GSRM, T.5S.,
R.29E., SE1/4 Sec. 21 upstream to the mouth of The Box canyon in
NMPM, T.6S., R.19W., SW1/4 of the NW1/4 Sec. 2.
e. Tularosa River for approximately 30.0 km (18.6 mi), extending
from the confluence with the San Francisco River in NMPM, T.7S.,
R.19W., SW1/4 Sec. 23 upstream to NMPM, T.6S., R.18W, south boundary
Sec. 1.
f. Negrito Creek for approximately 6.8 km (4.2 mi), extending
from the confluence with the Tularosa River in NMPM, T.7S., R.18W.,
SW1/4 of the NW1/4 Sec. 19 upstream to the confluence with Cerco
Canyon in NMPM, T.7S., R.18W., west boundary Sec. 22.
g. Whitewater Creek for approximately 1.8 km (1.2 mi), extending
from the confluence with the San Francisco River in NMPM, T.11S.,
R.20W., SE1/4 Sec. 27 upstream to the confluence with Little
Whitewater Creek in NMPM, T.11S., R.20W., SE1/4 Sec. 23.
h. Blue River for approximately 81.9 km (51.0 mi), extending
from the confluence with the San Francisco River in GSRM, T.2S.,
R.31E., SE1/4 Sec. 31 upstream to the confluence of Campbell and Dry
Blue Creeks in NMPM, T.7S., R.21W., SE1/4 Sec. 6.
i. Campbell Blue Creek for approximately 13.1 km (8.2 mi),
extending from the confluence with Dry Blue Creek in NMPM, T.7S.,
R.21W., SE1/4 Sec. 6 upstream to the confluence with Coleman Creek
in GSRM, T.4 1/2 N., R.31E., SW1/4 of the NE1/4 Sec. 32.
j. Dry Blue Creek for approximately 4.7 km (3.0 mi), extending
from the confluence with Campbell Blue Creek in NMPM, T.7S., R.21W.,
SE1/4 Sec. 6 upstream to the confluence with Pace Creek in NMPM,
T.6S., R.21W., SW1/4 Sec.
k. Pace Creek for approximately 1.2 km (0.8 mi), extending from
the confluence with Dry Blue Creek in NMPM, T.6S., R.21W., SW1/4
Sec. 28 upstream to the barrier falls in NMPM, T.6S., R.21W., SE1/4
Sec. 29.
l. Frieborn Creek for approximately 1.8 km (1.1 mi), extending
from the confluence with Dry Blue Creek in NMPM, T.7S., R.21W., SW1/
4 NW1/4 Sec. 5 upstream to the confluence with an unnamed tributary
flowing from the south in NMPM, T.7S., R.21W., NE1/4 SW1/4 Sec. 8.
m. Little Blue Creek for approximately 4.5 km (2.8 mi),
extending from the confluence with the Blue River in GSRM, T.1S.,
R.31E., center Sec. upstream to the mouth of a box canyon in GSRM,
T.1N., R.31E., NE1/4 SE1/4 Sec. 29.
[[Page 69355]]
[GRAPHIC] [TIFF OMITTED] TP10DE99.021
Complex 7. Grant and Catron Counties, New Mexico
a. Gila River for approximately 164.4 km (102.2 mi), extending
from the confluence with Moore Canyon in NMPM, T.18S., R.21W., SE1/4
SW1/4 Sec. 31 upstream to the confluence of the East and West Forks
of the Gila River in NMPM, T.13S., T.13W., center Sec. 8.
b. East Fork Gila River for approximately 42.1 km (26.1 mi),
extending from the confluence with the West Fork Gila River in NMPM,
T.13S., R.13W., center Sec. 8 upstream to the confluence of Beaver
and Taylor Creeks in NMPM, T.11S., R.12W., NE1/4 Sec. 17.
c. Middle Fork Gila River for approximately 19.1 km (11.8 mi),
extending from the confluence with the West Fork Gila River in NMPM,
T.12S., R.14W., SW1/4 Sec. 25 upstream to the confluence with
Brothers West Canyon in NMPM, T.11S., R.14W., NE1/4 Sec. 33.
d. West Fork Gila River for approximately 12.4 km (7.7 mi),
extending from the confluence with the East Fork Gila River in NMPM,
T.13S., R.13W., center Sec. 8 upstream to the confluence with EE
Canyon in NMPM, T.12S., R.14W., east boundary of Sec. 21.
Dated: November 30, 1999.
Donald J. Barry,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 99-32019 Filed 12-7-99; 10:20 am]
BILLING CODE 4310-55-P
