[Federal Register Volume 62, Number 57 (Tuesday, March 25, 1997)]
[Proposed Rules]
[Pages 14101-14103]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-7449]
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DEPARTMENT OF THE INTERIOR
50 CFR Part 17
RIN 1018-AA98
Endangered and Threatened Wildlife and Plants; Notice of
Reopening of Comment Period on Reports and Other Data Pertaining to the
Listing of the Bruneau Hot Springsnail
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of reopening of public comment period.
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SUMMARY: The U.S. Fish and Wildlife Service (Service) gives notice that
the comment period on reports and other data pertaining to the listing
of the Bruneau hot springsnail (Pyrgulopsis bruneauensis) is reopened
for an additional 75 days. A notice of availability that opened the
original public comment period was published on September 12, 1995 (60
FR 47339). The Service extended the comment period until December 15,
1995, in a notice published on November 13, 1995 (60 FR 56976). The
Service reopened the comment period in a notice published on January
23, 1997 (62 FR 3493). Because of requests from the High Desert
Coalition, Inc., Bruneau Valley Coalition, and Quey Johns, the Service
hereby reopens the comment period and solicits new information and
public comment on all information and data received since the listing
of the species in 1993.
DATES: The comment period is reopened until June 9, 1997. Any comments
and materials received by the closing date will be considered in the
final determination.
ADDRESSES: Comments and materials concerning the reports and other
information pertaining to the listing of the Bruneau hot springsnail
should be submitted to the U.S. Fish and Wildlife Service, Snake River
Basin Office, 1387 South Vinnell Way, Room 368, Boise, Idaho 83709.
Reports and other data cited in this notice, and public comments and
other materials received will be available for public inspection during
normal business hours at the above address.
[[Page 14102]]
FOR FURTHER INFORMATION CONTACT: Robert Ruesink, Supervisor, at the
address listed above (telephone 208/378-5243, facsimile 208/378-5262).
SUPPLEMENTARY INFORMATION:
Background
On January 25, 1993, the Service published a final rule in the
Federal Register determining the Bruneau hot springsnail (Pyrgulopsis
bruneauensis) to be an endangered species (58 FR 5946). In its decision
to the list the springsnail the Service relied, in part, on a
provisional draft of a U.S. Geological Survey (USGS) report (Berenbrock
1992) analyzing the hydrology of the geothermal aquifer in the Bruneau
Valley area. The USGS provided the Service with the draft report, but
did not release it to the public and requested that the Service not
release the report to the public, pending agency review and approval.
On May 7, 1993, the Idaho Farm Bureau Federation, Owyhee County
Farm Bureau, Idaho Cattleman's Association, and Owyhee County Board of
Supervisors challenged the listing decision on several grounds in a
lawsuit filed in United States District Court for the District of
Idaho. The plaintiffs argued that the Service committed a number of
procedural errors during the listing process, including not allowing
the public to review the draft USGS report. On December 14, 1993 the
district court determined that the Service committed several procedural
errors and set aside the final rule listing the springsnail as an
endangered species.
The district court decision was appealed to the United States Court
of Appeals for the Ninth Circuit by two intervening conservation
groups, the Idaho Conservation League and Committee for Idaho's High
Desert. On June 29, 1995 the appellate court overturned the district
court decision and reinstated the Bruneau hot springsnail to the
endangered species list. However, the appellate court concluded that
the Service should have made the draft USGS report (i.e., Berenbrock
1992) available for public review, as the Service relied largely on
this report to support the final listing rule. The appellate court
directed the Service to provide an opportunity for public comment on
the final USGS report and to reconsider its listing decision.
To comply with the court's direction, the Service announced that
the Berenbrock (1992) report, and other reports and data pertaining to
the listing of the springsnail were available for public comment until
November 13, 1995, in a notice published on September 12, 1995 (60 FR
47339). Because of a request from Susan E. Buxton on behalf of her
client (John B. Urquidi, J & J Ranches, Bruneau, Idaho), the Service
extended the public comment period until December 15, 1995, in a notice
published on November 13, 1995 (60 FR 56976). Nearly 400 comments were
received from individuals and agencies during the public comment
period.
Because of a moratorium on final listing actions from April 10,
1995, until April 26, 1996 (Public Law 104-6), the Service was unable
to comply with the June 1995 court decision and issue its reconsidered
listing decision. In anticipation of the end of the moratorium and
after it was lifted, the Service issued interim guidance on March 11,
1996 (61 FR 9651), final guidance for fiscal year 1996 on May 16, 1996
(61 FR 24722), and final guidance for fiscal year 1997 on December 5,
1996 (61 FR 64475), regarding the setting of priorities for various
listing actions. These guidance documents focused the Service's limited
funds on emergency actions, and final rules for imminently and highly
threatened species, and for multi-species packages. Consequently, the
Service took no action on the springsnail during fiscal year 1996.
Though listing priorities now allow the Service to take final action on
this court decision, it has been over 1 year since the close of the
last public comment period. As a result, the Service made available for
public review new information and other data pertaining to the listing
of the Bruneau hot springsnail received since the close of the November
13, 1995, comment period. Because of requests from the High Desert
Coalition, Inc., Bruneau Valley Coalition, and Quey Johns, the Service
hereby reopens the comment period and solicits new information and
public comment on all information and data received since the listing
of the species in 1993.
Available Reports and Data
The following combined list of reports and letters contained in
Service files, including other non-cited information, are available for
public review:
Berenbrock, C. 1992. Effects of well discharges on hydraulic heads
in and spring discharges from the geothermal aquifer system in the
Bruneau area, Owyhee County, southwestern Idaho. U.S. Geological
Survey, Water-Resources Investigations, Boise, Idaho. Preliminary
report.
Berenbrock, C. 1993. Effects of well discharges on hydraulic heads
in and spring discharges from the geothermal aquifer system in the
Bruneau area, Owyhee County, southwestern Idaho. U.S. Geological
Survey, Water-Resources Investigations Report 93-4001, Boise, Idaho.
Bruneau Valley Coalition, Inc. 1995. Habitat maintenance and
conservation plan for the Bruneau hot springsnail, January, 1995.
Unpublished plan.
Bruneau Valley Coalition, Inc. 1995. Proposed amendment to the
``Threatened and Endangered Species'' section of the Interim
Comprehensive Land Use Plan for the federally and state managed lands
in Owyhee County. Unpublished amendment.
Idaho Water Resources Research Institute 1994. Bruneau hot springs
aquifer restoration report: a preproposal. Unpublished report,
University of Idaho, Moscow, Idaho.
Lee, J. A. 1994. Summary report for the control survey of the
Bruneau hot springsnail. Unpublished report, Bureau of Land Management,
Boise District Office, Boise, Idaho.
Mladenka, G. C. 1993. Report on the 1993 Bruneau hot springsnail
site survey. Unpublished report.
Mladenka, G. C. 1995. Bruneau Hot Springs invertebrate survey.
Unpublished report, Stream Ecology Center, Idaho State University,
Pocatello, Idaho.
Mladenka, G.C. and G.W. Minshall 1996. Report on the 1996 Bruneau
hot springsnail site survey. Unpublished report.
Royer, T. V. and G. W. Minshall 1993. 1993 Annual Monitoring
Report: Bruneau hot springsnail (Pyrgulopsis bruneauensis). Unpublished
report, Stream Ecology Center, Idaho State University, Pocatello,
Idaho.
U.S. Geological Survey 1993. Unpublished letter addressing error in
estimating natural recharge to geothermal aquifer system, and status of
Bruneau-area ground water-levels and spring discharges. Boise, Idaho.
U.S. Geological Survey 1995a. Unpublished letter summarizing
results of Bruneau-area ground water-level and spring discharge
monitoring data through December 1994. Boise, Idaho.
U.S. Geological Survey 1995b. Unpublished letter commenting on
Idaho Water Resources Research Institute's report and summarizing
provisional, spring discharge data collected from June 1994 through
July 1995 from three hot springs above Hot Creek, Idaho.
U. S. Geological Survey 1996a. Unpublished letter summarizing
Bruneau-area ground water-level and spring discharge monitoring data
[[Page 14103]]
collected through January 1996. Boise, Idaho.
U.S. Geological Survey 1996b. Annual report summarizing results of
Bruneau-area ground water-level and spring discharge monitoring through
June 1996. Boise, Idaho.
U.S. Geological Survey 1996c. Annual report summarizing results of
Bruneau-area ground water-level and spring discharge monitoring through
September 1996. Boise, Idaho.
Varricchione, J. T. and G. W. Minshall 1995. 1994 Monitoring
Report: Bruneau hot springsnail (Pyrgulopsis bruneauensis). Technical
Bulletin No. 95-14, Idaho Bureau of Land Management.
Varricchione, J. T. and G. W. Minshall 1995. Gut content analysis
of wild Gambusia and Tilapia in Hot Creek, Bruneau, Idaho. Unpublished
report, Idaho State University, Pocatello, Idaho.
Varricchione, J.T. and G. W. Minshall 1996. 1995 Monitoring Report:
Bruneau hot springsnail (Pyrgulopsis bruneauensis). Idaho Bureau of
Land Management Technical Bulletin No. 96-8. Stream Ecology Center,
Idaho State University, Pocatello, Idaho.
Authority
The authority for this action is the Endangered Species Act, as
amended (16 U.S.C. 1531-1544.)
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Dated: March 18, 1997.
Thomas J. Dwyer,
Acting Regional Director, Region 1, U.S. Fish and Wildlife Service.
[FR Doc. 97-7449 Filed 3-24-97; 8:45 am]
BILLING CODE 4310-55-P
