[Federal Register Volume 61, Number 25 (Tuesday, February 6, 1996)]
[Proposed Rules]
[Pages 4401-4406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2484]
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DEPARTMENT OF THE INTERIOR
50 CFR Part 17
RIN 1018-AC53
Endangered and Threatened Wildlife and Plants; Withdrawal of the
Proposed Rule to List the Fish Virgin Spinedace as Threatened and
Withdrawal of the Proposed Rule to Designate Critical Habitat for the
Virgin Spinedace
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; withdrawal.
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SUMMARY: The U.S. Fish and Wildlife Service (Service) withdraws the May
18, 1994, proposed rule (59 FR 25875) to list the fish Virgin spinedace
(Lepidomeda mollispinis mollispinis) as a threatened species and also
withdraws the portion of the April 5, 1995, proposed critical habitat
designation for the Virgin spinedace (60 FR 17296). The Virgin
spinedace, a small fish in the minnow family (Cyprinidae), is endemic
to the Virgin River drainage of southwestern Utah, northwestern
Arizona, and southeastern Nevada. The Virgin spinedace was once common
to abundant in clear water tributaries of the Virgin River and in some
mainstem reaches above Pah Tempe (La Verkin) Springs near Hurricane,
Utah. It was also occasionally found in most reaches of the river below
Pah Tempe Springs, with the exception of the mouth of Quail Creek and
the mouth of Beaver Dam Wash, where Virgin spinedace were once reported
common. Approximately 37 to 40 percent of Virgin spinedace historical
habitat has been lost due to human impacts which include the
introduction of nonnative fishes, dewatering for agricultural purposes,
mining, and urban development. These impacts have resulted in habitat
fragmentation and continue to threaten the existence of the Virgin
spinedace.
Subsequent to publication of the proposed rule, the State of Utah
developed the Virgin Spinedace Conservation Agreement and Strategy
(Agreement) for the Virgin spinedace to ensure that conservation
measures and recovery actions needed for the fish's continued existence
are initiated and carried out. In June 1995, the eight signatory
parties to the Agreement began implementation of the Agreement and its
associated strategy to reduce threats to the Virgin spinedace that
otherwise would warrant its listing as a threatened species under the
Endangered Species Act of 1973, as amended (Act). The Agreement will
reestablish and maintain water flows required for the Virgin spinedace
and will restore 50 percent of its lost historical habitat. On April
10, 1995, the Service's Salt Lake City Field Office received a letter
from one of the petitioners, the Bonneville Chapter of the American
Fisheries Society, stating that with the implementation of the
Agreement the Virgin spinedace no longer warrants listing. The other
petitioner, Southern Utah Wilderness Alliance, still supports listing
of the Virgin spinedace because of concerns that the Agreement will not
be fully implemented or recover the species.
ADDRESSES: The complete file for this rule is available for inspection,
by appointment, during normal business hours at the Utah Field Office,
Ecological Services, U.S. Fish and Wildlife Service, 145 East 1300
South, Suite 404, Salt Lake City, Utah 84115. The complete file for
this rule also will be available for public inspection at the
Washington County Public Library in St. George, Utah.
FOR FURTHER INFORMATION CONTACT: Mr. Robert D. Williams, Assistant
Field Supervisor, Salt Lake City Field Office, at the above address,
telephone (801) 524-5001.
SUPPLEMENTARY INFORMATION:
Background
The Virgin spinedace belongs to one of three genera of a unique,
endemic tribe of western cyprinids, the Plagopterini. Adult Virgin
spinedace measure 80-120 mm (3-5 in) in length and have a broad, flat
silvery body with a brassy sheen. They are usually found in clear, cool
streams that are interspersed with pools, runs, and riffles. Rinne
(1971) found that Virgin spinedace inhabited pools, often with undercut
banks, debris, or boulders. The Virgin spinedace feeds primarily on
aquatic insect life (Rinne 1971, Gregor and Deacon 1988, Angradi et al.
1991), and their feeding habits are dependent upon the types of food
available. The Virgin spinedace is endemic to the Virgin River
drainage, a tributary to the Colorado River of southwestern Utah,
northwestern Arizona, and southeastern Nevada. The historical
distribution of the Virgin spinedace is not well documented (Valdez et
al. 1991). The species was probably common to abundant in tributaries
of the Virgin River and some mainstem reaches above
[[Page 4402]]
Pah Tempe (La Verkin) Springs, near Hurricane, Utah (Holden et al.
1974). The Virgin spinedace was probably less abundant in the mainstem
Virgin River below Pah Tempe Springs, with the exception of the mouths
of Quail Creek and Beaver Dam Wash, where the Virgin spinedace was a
common member of the fauna.
The proposal (59 FR 25875; May 18, 1994) to list the Virgin
spinedace as threatened and a subsequent proposal (60 FR 17296; April
5, 1995) to designate critical habitat were based on the decline in the
range of and continued threats to the species. The present distribution
of Virgin spinedace is substantially smaller than its former range,
with approximately 37 to 40 percent (83 kilometers (km) or 52 miles
(mi)) of its habitat lost due to human impacts (Valdez et al. 1991,
Addley and Hardy 1993). Much of this habitat loss has occurred
recently. Approximately 60 percent of the habitat loss has occurred
since the 1950's and is directly related to construction of dams and
diversions in the Virgin River Basin (Dr. Craig Addley, Utah State
University, in litt. 1994). Stream reaches that historically contained
Virgin spinedace (but are now dewatered) include portions of the East
Fork of Beaver Dam Wash, the Santa Clara River downstream of Gunlock
Reservoir, Mogatsu Creek, Ash Creek near Toquerville, Leeds Creek,
North Creek, and the mainstem Virgin River between Quail Creek
Diversion and Pah Tempe Springs.
Previous Federal Action
On June 15, 1992, the Fish and Wildlife Service (Service) received
a petition from the Bonneville Chapter of the American Fisheries
Society to list the Virgin spinedace as an endangered species. On
August 17, 1992, another petition to list the Virgin spinedace was
received from the Southern Utah Wilderness Alliance. On March 16, 1993,
the Service published notice (58 FR 14169) of a finding that the
petitions presented substantial information indicating that listing of
the Virgin spinedace may be warranted and requested comments and
biological data on the status of the fish. On May 18, 1994, the Virgin
spinedace was proposed for listing as a threatened species (59 FR
25875). The Service requested independent review of the listing package
from three fish specialists. All three reviewers supported the listing
of the Virgin spinedace as threatened and that the Service's finding
was based on the best scientific information available. On April 5,
1995, the designation of critical habitat was proposed for the Virgin
spinedace, Virgin River chub (Gila seminuda), and woundfin (Plagopterus
argentissumus) (60 FR 17296). On April 11, 1995, the Service signed the
Agreement developed by the State of Utah.
Summary of Comments and Recommendations
In accordance with the July 1, 1994, Federal Register notice (59 FR
34270) which announced a statement of interagency cooperative policy
for peer review of activities under the Act (16 U.S.C. 1531 et seq.),
independent peer review was requested on the proposed listing of the
Virgin spinedace as a threatened species. This review process is
intended to complement the Service's existing public review process in
listing and recovery, and to ensure that the best biological and
commercial information is being used in the decision making process.
According to policy, when listing a species the Service is required to
(1) solicit the expert opinions of three appropriate and independent
specialists regarding pertinent scientific or commercial data and
assumptions relating to the taxonomy, population models, and supportive
biological and ecological information for species under consideration
for listing; (2) summarize in the final decision document (rule or
notice of withdrawal) the opinions of all independent peer reviewers
received on the species under consideration; and (3) include all such
reports, opinions, and other data in the administrative record of the
final decision.
The Service requested assistance in reviewing the listing package
on the Virgin spinedace from three independent fish specialists.
Specific questions addressed in the review included: (1) Does the
listing package present the scientific information correctly?; and (2)
Is the listing package biologically supportable? All three reviewers
supported the listing of the Virgin spinedace as a threatened species,
and agreed that the listing package presented the best scientific
information available and that it was biologically supportable.
Subsequent to the peer review process, the State of Utah established
the Agreement for the Virgin spinedace, including conservation measures
and recovery actions that will ensure the fish's survival.
In the May 18, 1994, proposed rule and associated notifications,
all interested parties were requested to submit factual reports or
information that might contribute to the development of a final rule to
list the Virgin spinedace as a threatened species. Appropriate Federal
and State agencies, county governments, scientific organizations, and
other interested parties were contacted and requested to comment. A
notice inviting general public comment on the proposed listing was
published in the following newspapers: Salt Lake Tribune/Desert News,
St. George Daily Spectrum, Las Vegas Review Journal/Las Vegas Sun,
Kingman Daily Miner, and the Mesquite Desert Valley Times. Requests to
hold public hearings on the proposed listing were received from the
Washington County Water Conservancy District, and from Congressman
James H. Hansen's office (1st District, Utah). On June 30, 1994, the
Service published a notice in the Federal Register (59 FR 33724)
announcing the public hearing and extending the comment period until
August 17, 1994. In addition to the Federal Register notice and
announcements in newspapers, a letter was sent to all interested
parties announcing the date of the public hearing and the extended
closing date for public comment. The Service conducted a public hearing
on July 13, 1994, in St. George, Utah and 19 parties presented
testimony.
During the comment period, the Service received both written and
oral comments from 41 parties, including the testimony presented at the
public hearing. Comments were received from 1 Federal agency, 4 State
agencies, 11 city or county governments, 22 private individuals or
groups, and 3 representatives of the scientific community. Of the 41
comments received, 8 supported the proposed listing of the Virgin
spinedace as a threatened species, 32 opposed the listing, and 1
comment was neutral. Written and oral statements from both the public
hearing and the comment period are combined in the following
discussion. In addition, information submitted by the commentors has
been incorporated into this notice of withdrawal. Comments questioning
the rule have been organized into specific issues. These issues and the
Service's response to each are summarized as follows:
Issue 1: A number of respondents objected to the Service's failure
to designate critical habitat concurrently with the listing of the
Virgin spinedace, claiming that the requirements set forth in the Act
for not designating critical habitat at the time of listing have not
been met.
Service Response: Section 4(a)(3) of the Act requires that to the
maximum extent prudent and determinable, the Secretary shall designate
critical habitat at the time a species is determined to be
[[Page 4403]]
endangered or threatened. Service regulations (50 CFR 424.12(a)(1))
state that designation of critical habitat at the time when a species
is proposed for listing is not prudent when one or both of the
following situations exist: (1) The species is threatened by taking or
other human activity, and it is expected that identification of
critical habitat will increase the degree of threat to the species; or
(2) such designation of critical habitat is not beneficial to the
survival of the species. The Service found that designation of critical
habitat for the Virgin spinedace was not prudent at the time of its
original listing (May 18, 1994). The primary intent of the Act is to
provide for the conservation and continued existence of wild
populations of endangered and threatened species and the ecosystems
upon which they depend. The Service believed that an aquatic ecosystem
approach to enacting conservation measures for the Virgin spinedace,
the woundfin, and the Virgin River chub at the same time would provide
greater benefit to each species than treating each species separately.
Thus, the Service proposed designation of critical habitat for all
three fishes in the same notice since their historical ranges overlap,
their life history requirements are similar, the threats to each
species are similar, and the economic consequences of designating
critical habitat will be similar. On April 5, 1995, the Service
proposed the designation of critical habitat for the woundfin, Virgin
River chub, and Virgin spinedace (60 FR 17296) with the intention of
finalizing this designation by no later than December 1, 1995.
Concurrent with this notice withdrawing the proposed listing of the
Virgin spinedace, the Service also withdraws that portion of designated
critical habitat identified for the species in the April 5, 1995,
Federal Register notice.
Issue 2: A number of commentors (32) stated that there was
insufficient scientific evidence to justify the listing of the Virgin
spinedace, and that there were not enough data available to document a
true decline in population numbers.
Service Response: Section 4(a)(1) of the Act and regulations (50
CFR part 424) promulgated to implement the listing provisions of the
Act set forth the procedures for adding species to the Federal lists. A
species may be determined to be an endangered or threatened species due
to one or more of the following five factors: (1) The present or
threatened destruction, modification, or curtailment of its habitat or
range; (2) overutilization for commercial, recreational, scientific, or
educational purposes; (3) disease or predation; (4) inadequacy of
existing regulatory mechanisms; and (5) other natural or human caused
factors affecting its continued existence. Section 4 of the Act also
states that after conducting a status review of a species, the
determination to list a species must be based on the best available
scientific and commercial information. The Service completed a status
review of the Virgin spinedace when preparing the proposed rule and
found evidence of real threats to the species. Valdez et al. (1991) and
Addley and Hardy (1993) published their findings on the population
status and distribution of the Virgin spinedace and their data were
cited by the Service as support for the proposed listing of the Virgin
spinedace as a threatened species.
Issue 3: Several commentors stated that listing was not warranted
given the current conservation efforts, including the Agreement being
developed by the State of Utah, and supported this Agreement in lieu of
listing the species.
Service Response: The Service participated in the development of
the Agreement and believes that its implementation will assist in the
recovery of the species. Conservation measures outlined in the
Agreement should help reduce actual and potential threats to the
species. Therefore, the listing of the Virgin spinedace is not
warranted at this time.
Issue 4: Several commentors stated that there is no evidence that
habitat loss, a primary threat to the species, is still occurring and
stated that the loss of historical habitat occurred decades ago.
Service Response: There are numerous reaches of the Virgin River
within Virgin spinedace historical or current habitat that support
existing or proposed commercial and noncommercial activities that may
result in future habitat losses to the species. Examples of Federal
projects which could have adverse effects upon Virgin spinedace habitat
are: the Sandstone Reservoir, Pah Tempe Pipeline, Halfway Wash Project,
Lake Powell Pipeline, water wheeling, water leasing, Washington Fields
Pumpback, and dewatering of springs for municipal and industrial
purposes. An evaluation of habitat loss over time has shown that
approximately 68 percent of Virgin spinedace habitat loss has occurred
in the last 45 years (Dr. Craig Addley, in litt. 1994). Actions, when
implemented as part of the Agreement for the Virgin spinedace, will
result in restoration of at least 50 percent of its historic habitat.
If future projects impact Virgin spinedace habitat, the Agreement puts
in place a mechanism for habitat restoration, thus preventing further
decrease in Virgin spinedace habitat.
Issue 5: One respondent stated that the decline in Virgin spinedace
populations are a natural occurrence due to long term climatic changes.
Therefore, the species should be allowed to go extinct since it cannot
adapt to changes in the river system.
Service Response: In several reaches of the Virgin River where good
habitat remains, there are healthy populations of Virgin spinedace. In
the reaches of the river where habitat has been degraded, Virgin
spinedace populations have declined. These declines are the result of
direct threats to the species rather than due to ``long term climatic
changes.''
Issue 6: One commentor stated that listing the Virgin spinedace
would compromise efforts to manage and develop the region's water
resources in compliance with State and Federal laws. Also, the
``taking'' provisions of section 9 of the Act unnecessarily undermine
the efforts of local water users and State authorities to manage the
waters of the State for the benefit of Utah citizens.
Service Response: The listing of the Virgin spinedace as a
threatened species would not have modified or nullified any existing
State or Federal water laws, nor would it have ``taken'' any existing
water rights. The Service will consider State and Federal water laws
and local water user rights when protecting and recovering the Virgin
spinedace. Protective measures for listed species are provided for
under sections 7 and 9 of the Act. The section 9 ``takings'' provisions
of the Act are not intended to undermine State and local water usage,
but to insure that species are not harmed. Under certain circumstances,
section 10(a)(1)(B) of the Act allows permits to be issued to conduct
otherwise prohibited activities involving listed species. Such permits
provide for incidental taking of a species when in connection with an
otherwise lawful activity.
Issue 7: One commentor stated that there is no evidence that Virgin
spinedace occurred north of the Narrows on the Virgin River's North
Fork or east of Parunaweap Falls on the Virgin River's East Fork. Thus,
there is no evidence of Virgin spinedace habitat occurring in Kane
County.
Service Response: There is no evidence that Virgin spinedace
occurred north of the Narrows in the North Fork or east of Parunaweap
Falls in the East Fork of the Virgin River. However, the Virgin
spinedace is found in Shunes Creek, a tributary to the North Fork, and
also in the East Fork from Parunaweap Falls to the confluence with the
North
[[Page 4404]]
Fork. Both of these reaches are in Kane County, Utah.
Issue 8: Several commentors stated that, historically, many
stretches of the Virgin River dried up during summer, including a
stretch of the Virgin River's East Fork near Mt. Carmel Junction, and
the Santa Clara River downstream of the St. George-Clara diversion.
Consequently, there should be no instream flow requirements for these
reaches of the river.
Service Response: Virgin spinedace historically did not occur in
the Virgin River's East Fork near Mt. Carmel Junction. Listing of the
species would not have dictated instream flow requirements for this
juncture of the river. All instream flow requirements are addressed in
the Agreement.
Issue 9: Several commentors stated that more research needed to be
conducted on the Virgin spinedace before a decision to list the species
can be made. Specifically, if the species has declined in numbers,
there is insufficient evidence documenting the reasons for this
decline. They also stated that no current threats to the species have
been identified by researchers.
Service Response: Listing the Virgin spinedace would not have
precluded further research efforts. Valdez et al. (1991) reported a 40
percent decline in Virgin spinedace habitat along with a reduction in
population numbers. Declines in the numbers of Virgin spinedace have
resulted from numerous threats to the species. Section 4 of the Act
states that the determination to list a species must be based on the
best available scientific and commercial information after conducting a
status review of the species. The Service completed this review when
preparing the proposed rule and found evidence of real threats to the
species. Two recent publications (Valdez et al. 1991, Addley and Hardy
1993) assessed the population status and distribution of the Virgin
spinedace. The Service relied upon this information, in part, to
support the proposed listing of the Virgin spinedace as a threatened
species.
Issue 10: One commentor suggested that, in lieu of listing, the
Service should participate in the Virgin River Management Plan (Plan),
a cooperative multiagency agreement calling for the maintenance of
adequate water levels in the Virgin River, as set forth by the
Washington County Water Conservancy District.
Service Response: The Plan addresses only a portion of Virgin
spinedace habitat, since it was developed primarily for the Virgin
River chub and woundfin habitat in the mainstem Virgin River. Much of
the Virgin spinedace habitat occurs in tributaries and subtributaries
of the Virgin River which were not addressed in the Plan.
Issue 11: Several commentors stated that the results of the studies
cited in the proposed rule are inconsistent, and that the Valdez et al.
(1991) and Addley and Hardy (1993) studies indicate an upward trend in
the Virgin spinedace population.
Service Response: Fish populations are subject to natural
fluctuations resulting from many environmental factors. Populations
fluctuate seasonally with highly inflated numbers of fishes following
the breeding season. Sampling for the two studies was conducted at
different times of the year. Addley and Hardy (1993) included larval
Virgin spinedace in their population counts while Valdez et al. (1991)
did not. When these differences are taken into account, the results
from the two studies are nearly identical.
Issue 12: Several commentors disagreed that dewatering of portions
of the Virgin River was a threat to the Virgin spinedace. They stated
that water diverted for irrigation is actually the key to maintaining
water further downstream during dry years because return flows feed the
river downstream late in summer and early fall, thus enhancing Virgin
spinedace habitat.
Service Response: Numerous reports (Cross 1975, Valdez et al. 1991,
Addley and Hardy 1993) have cited dewatering as a threat to the Virgin
spinedace. The reestablishment and maintenance of flows is identified
as one of the conservation measures to be implemented by the Agreement.
Water diverted for irrigation frequently results in complete dewatering
of portions of Virgin spinedace habitat. Historically, when these
reaches dried up, Virgin spinedace migrated to more suitable habitats.
Today, numerous dams and diversions isolate populations of Virgin
spinedace, making them vulnerable to the effects of dewatering. This
often translates into a high mortality rate. Return flows from
agricultural sources do augment summer flows in the river, but these
sources do not eliminate the negative impacts of upstream dewatering.
Issue 13: Several respondents believe that habitat degradation from
livestock grazing is not a threat to the species, since the effects of
grazing have been reduced since the early 1930's and 1940's.
Service Response: Livestock grazing has decreased along the Virgin
River since the early 1930's and 1940's, but there are still 18,000
head of cattle in Washington County alone. Cattle utilize riparian
areas, resulting in degraded Virgin spinedace habitat through
devegetation, stream bank erosion, siltation, and degraded water
quality. Valdez et al. (1991) identified 10 of 13 populations of Virgin
spinedace that are potentially threatened by grazing within riparian
areas and by runoff from nearby cattle feed lots. The Agreement
includes habitat enhancement projects such as: constructing and
maintaining boundary-line fences between Federal and private lands in
order to control unauthorized grazing; establishing intensive grazing
management programs for Federal lands along streams; and developing
conservation easements and barriers within the Virgin River floodplain
to help reduce additional agricultural impacts.
Issue 14: One respondent recommended that the final rule include a
special rule allowing for take in accordance with applicable State fish
and wildlife conservation laws, and with regulations under the Act for
scientific purposes, enhancement of propagation or survival of the
species, or other conservation purposes as specified in 50 CFR 17.44.
The respondent believed that a special rule would provide greater
management flexibility in the recovery of threatened species.
Service Response: The Act allows the Service to write special rules
for the conservation of threatened species. The withdrawal of the
proposed rule to list the Virgin spinedace as a threatened species
precludes any need for a special rule.
Issue 15: Several respondents believed that preserving water for
the commercial growth of the St. George area is more advantageous than
preserving a small fish in southern Utah.
Service Response: Section 2(a) of the Act states that wildlife and
plant species have intrinsic values (aesthetic, ecological,
educational, historical, recreational, and scientific) that are worth
preserving for the benefit of all citizens. The signing of the
Agreement puts in place a mechanism that sufficiently protects the
Virgin spinedace and addresses future water needs. Therefore, the
listing of the Virgin spinedace is not presently warranted.
Issue 16: Several respondents stated that listing the Virgin
spinedace would diminish the water supply now available for
agriculture. This, in turn, would decrease the value of private lands,
and increase the legal and administrative costs associated with
obtaining permits from the Federal bureaucracy. These effects would
[[Page 4405]]
increase economic and social hardships for the cities of Santa Clara
and Virgin. Additionally, the respondents stated this would cause a
cultural decay for the city of Santa Clara, whose orchards and tree-
lined streets (a city hallmark) would receive decreased amounts of
irrigation water.
Service Response: Under the Act, the Secretary shall make
determinations on the listing of species solely on the basis of the
best available scientific and commercial information without reference
to economic or other social impacts. The listing of the Virgin
spinedace would not affect existing water rights.
Summary of Factors Affecting the Species
After a thorough review and consideration of all available
information, coupled with the development of the Agreement, the Service
has concluded that the proposed rule to list the Virgin spinedace and
the corresponding portion of the proposed rule to designate critical
habitat should be withdrawn. Section 4(a)(1) of the Act (16 U.S.C. 1531
et seq.) and regulations (50 CFR part 424) promulgated to implement the
listing provisions of the Act set forth the procedures for adding
species to or deleting species from the Federal Lists. The Service
finds that evidence now available, as discussed below, does not justify
a final determination to add the spinedace to the List. A species may
be added or removed from the Lists based upon one or more of the five
factors described in section 4(a)(1) of the Act. These five listing
criteria are as follows:
A. The present or threatened destruction, modification, or
curtailment of its habitat or range. While much Virgin spinedace
habitat has been destroyed, modified, and/or curtailed in the past, the
Agreement calls for enhancement and maintenance of Virgin spinedace
habitat. Habitat enhancement will be implemented for approximately 25
km (16 mi) of occupied habitat. Enhancement projects will focus on
those specific factors that have contributed to habitat degradation
such as agricultural activities, recreational use of riparian zones,
and activities that affect water quality. Enhancement projects will
include maintenance and construction of boundary-line fences between
Federal and private lands in order to control unauthorized grazing and
recreational use along the riparian zones. Grazing management programs
will be implemented for Federal lands bordering streams. Conservation
easements will be developed for the Virgin River floodplain to further
reduce habitat degradation. Additionally, mitigation for acceptable
future projects in occupied habitat will generally be based on a one to
one replacement of historical habitat.
B. Overutilization for commercial, recreational, scientific, or
educational purposes. Historically, Virgin spinedace were used as bait
fish in the lower Colorado River (Miller 1952). However,
overutilization is not reported as a factor in the continuing decline
of Virgin spinedace populations, and recent studies (Valdez et al.
1991, Addley and Hardy 1993) give no indication that overutilization
has negatively impacted Virgin spinedace populations.
C. Disease or predation. The introduction of nonnative fishes to
the Virgin River system has contributed to the decline of native fish
populations (Hardy 1991, U.S. Fish and Wildlife Service 1993). The
Agreement specifically addresses this issue. One of the five
conservation actions to be implemented by the Agreement is to
selectively control nonnative fishes. Management and control of
nonnative fishes will focus on stocking and introduction procedures, as
well as control and/or eradication of nonnative fishes in the Virgin
River basin. Specific management actions to remove the threats to
Virgin spinedace associated with nonnative species will be developed on
a reach by reach basis. Stocking procedures have been implemented by
the Utah Division of Wildlife Resources and the Nevada Division of
Wildlife that include prohibitions on: stocking of rainbow trout to
establish new self-sustaining populations; and stocking of brown trout,
brook trout, and channel catfish. Stocking all nonindigenous aquatic
species is prohibited by respective State regulations or is recommended
for prohibition by the Colorado River Wildlife Council. In addition,
there are restrictions on the stocking of largemouth bass and bluegill
sunfish in standing water impoundments, including existing mainstem
reservoirs, and other isolated ponds and reservoirs. Species targeted
for control and/or eradication include rainbow trout in the upper
reaches of Beaver Dam Wash (October 1995); green sunfish in the Santa
Clara River; and the red shiner in the mainstem Virgin River below the
Washington Fields Diversion (October 1995). The feasibility of
engineering fish barrier structures to control nonnative fish is also
being developed.
In addition to introduced fish species, several parasites have
invaded the Virgin River system, including the Asian tape worm
(Bothriocephalus acheilognathi) which was introduced to the Virgin
River system in 1986. This parasite weakens fish, making the fish more
vulnerable to stressful environmental conditions such as low water
levels. The Asian tape worm has not, as yet, been identified as a
parasite to the Virgin spinedace, but it has been reported from other
native fishes in the Virgin River. Addley and Hardy (1993) have
identified an unknown parasite infesting Virgin spinedace in the Ash
Creek drainage, but they were unable to determine the effects of this
parasite on the Virgin spinedace.
D. Inadequacy of existing regulatory mechanisms. The Virgin
spinedace is listed as State endangered in Utah and Arizona, and State
protected in Nevada. These States protect the species from direct take.
Although land ownership within the Virgin River Basin is divided and
administered among many Federal and State agencies, and also private
landowners, cooperation among the various groups is helping to protect
the Virgin spinedace. The Agreement is a multiagency agreement whose
signatories and participants include the Utah Division of Wildlife
Resources, Bureau of Land Management (Utah and Arizona State Offices),
National Park Service, Nevada Division of Wildlife, Arizona Game and
Fish Department, Washington County Water Conservancy District, and the
Service. The Agreement was developed to expedite conservation measures
needed for the continued existence and recovery of the Virgin
spinedace. It focuses on two objectives: (1) To reduce and eliminate
significant threats to the species, and (2) to enhance and/or stabilize
specific reaches of occupied and unoccupied historical habitat. These
objectives will be met through: reestablishment of population
maintenance flows for Virgin spinedace; enhancement and maintenance of
habitat; selectively controlling nonindigenous fishes; maintaining
genetic viability; monitoring populations and habitat; and developing a
mitigation plan and protocol for future activities that may affect
Virgin spinedace. When the Agreement is fully implemented, it will
provide for the recovery of the Virgin spinedace by establishing a
framework for interagency cooperation and coordination on conservation
efforts, setting recovery priorities, and estimating costs of various
tasks necessary to accomplish the recovery priorities. In addition to
the Agreement, other partnerships will be developed on specific actions
within the Virgin River basin involving other interested agencies or
groups.
E. Other natural or human caused factors affecting its continued
existence.
[[Page 4406]]
Drought directly impacts Virgin spinedace habitat by dewatering some
stream reaches, thus reducing the amount of usable habitat and
isolating individual populations. Many of the tributaries in the Virgin
River drainage have intermittent flows that disappear during drought
years. Historically, fish survived drought by following the receding
waters. Now, artificial barriers block their paths of retreat and some
Virgin spinedace populations may become stranded and die during drought
periods. One conservation action called for by the Agreement is the
reestablishment and maintenance of required stream flows. These interim
fish maintenance flows will be reestablished in approximately 39 km (24
mi) of historical habitat in order to reduce habitat fragmentation and
to help restore fish populations. The Washington County Water
Conservancy District has agreed to provide population maintenance flows
for approximately 5 km (3 mi) of previously dewatered Virgin spinedace
habitat below the Quail Creek Diversion. Actions are now underway to
provide flows for approximately 31 km (19 mi) of the Santa Clara River.
In addition to drought, other factors such as pollution, livestock
water diversions, and mining activities have negatively impacted the
Virgin spinedace by degrading its habitat. Under the Agreement, efforts
will be made to implement intensive grazing management programs on
Federal lands along riparian zones to control unauthorized grazing and
recreational use. Conservation easements and barriers within the Virgin
River floodplain will be developed to help reduce additional impacts
from agriculture, recreation, and development.
Implementation of the Agreement will result in the reestablishment
of Virgin spinedace in approximately 39 km (24 mi) of its historical
habitat and enhancement of currently occupied habitat. This will
involve the reestablishment of fish in areas that have not been
occupied for many years, and this effort will be monitored and
evaluated to determine the degree of success achieved. Changes in
nonnative stocking procedure will also be evaluated to determine the
degree of success. Therefore, until these evaluations are completed and
the degree of success determined, the Service will consider the Virgin
spinedace a species of concern. If the Agreement is successful, the
Virgin spinedace will no longer be considered a species of concern. If
the Agreement fails, the Virgin spinedace will be reevaluated for
possible listing.
The Service has carefully assessed the best scientific and
commercial data available regarding the past, present, and future
threats faced by this species. As stated in section 4(b)(1)(A) of the
Act, the Service shall take into account those efforts, if any, being
made by any State or foreign nation, or any political subdivision of a
State or foreign nation, to protect such species, whether by predator
control, protection of habitat and food supply or other conservation
practices, within any area under its jurisdiction.
The Service has evaluated each one of the five listing factors
discussed above after taking into account conservation efforts being
implemented on behalf of the Virgin spinedace. Based upon this
evaluation, the Service finds that the listing of the species as
proposed and the designation of critical habitat are no longer
warranted. The Service has determined that the Agreement, when fully
implemented, is expected to prevent any of the five listing factors
from causing the Virgin spinedace to become endangered in the
foreseeable future. Based on this decision, the Service withdraws the
proposed rule to list Virgin spinedace as threatened and withdraws that
portion of the proposed rule designating critical habitat that
addresses the Virgin spinedace.
Available Conservation Measures
An Agreement has been developed for the Virgin spinedace by the
Utah Department of Natural Resources in cooperation with the Bureau of
Land Management, National Park Service, Nevada Department of
Conservation and Natural Resources, Arizona Game and Fish Department,
Washington County Water Conservancy District, and the Service. This
Agreement focuses on reducing and eliminating significant threats and
enhancing and/or stabilizing specific reaches of occupied and
unoccupied historical habitats of the Virgin spinedace. When the
Agreement is fully implemented, it will provide for recovery of the
Virgin spinedace by establishing a framework for cooperation and
coordination among State and Federal agencies. It will also establish a
framework for conservation efforts, setting recovery priorities, and
establishing costs of various tasks necessary to accomplish the
recovery priorities.
References Cited
A complete list of all references cited is available upon request
from the Salt Lake City Field Office (see ADDRESSES above).
Authors
The primary authors of this document are Janet A. Mizzi and Henry
R. Maddux (see ADDRESSES above).
Authority: The authority for this action is section
4(b)(6)(B)(ii) of the Endangered Species Act of 1973, as amended (16
U.S.C. 1531 et seq.).
Dated: November 7, 1995.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 96-2484 Filed 2-5-96; 8:45 am]
BILLING CODE 4310-55-P
