[Federal Register Volume 59, Number 117 (Monday, June 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14870]
[[Page Unknown]]
[Federal Register: June 20, 1994]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
Notice of Availability of Draft Modifications to the Recovery
Action Plan for the Recovery Implementation Program for the Endangered
Fish Species in the Upper Colorado River Basin
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of document availability.
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SUMMARY: The U.S. Fish and Wildlife Service (Service) announces the
availability for public review of draft modifications to the Recovery
Implementation Program Recovery Action Plan (RIPRAP) dated October 15,
1993. The RIPRAP identifies specific actions and timeframes currently
believed to be necessary to recover the endangered fish in the most
expeditious manner possible in the Upper Colorado River Basin (Upper
Basin). The Upper Basin is defined as the Colorado River drainage
upstream of Lake Powell, with the exception of the San Juan River
drainage. The RIPRAP will serve as a measure of accomplishment so the
Recovery Program can continue to serve as the reasonable and prudent
alternative to avoid the likelihood of jeopardy to the continued
existence of the endangered fish for projects undergoing section 7
consultations. Critical habitat for the endangered fish was formally
designated on April 20, 1994. The Recovery Program is also intended to
serve as the reasonable and prudent alternative to avoid the likely
destruction or adverse modification of critical habitat. Therefore,
modifications to the RIPRAP are being proposed so the Recovery Program
can serve as the reasonable and prudent alternative to avoid adverse
modification to critical habitat as well as to avoid the likelihood of
jeopardy resulting from depletion impacts of new projects and all
existing or past impacts related to historic water projects with the
exception of the discharge by historic projects of pollutants such as
trace elements, heavy metals, and pesticides. The proposed
modifications were developed by FWS in coordination with the Recovery
Program's Management Committee. The Service solicits review and comment
from the public on the draft changes to the RIPRAP.
DATES: Comments on the revised RIPRAP must be received on or before
August 4, 1994.
ADDRESSES: Persons wishing to review the draft RPRAP modifications may
obtain copies by contacting the Assistant Regional Director--Ecological
Services U.S. Fish and Wildlife Service, P.O. Box 25486, Denver Federal
Center, Denver, Colorado 80225; FAX (303) 236-0027. Written comments
should be sent to the address given above. Comments received are
available upon request for public inspection, by appointment, during
normal business hours at the above address.
FOR FURTHER INFORMATION CONTACT: Mr. Robert Jacobsen (see above
address), telephone (303) 236-8189.
SUPPLEMENTARY INFORMATION:
Background
Four native fish species that inhabit the Colorado River Basin are
federally listed as endangered: the Colorado sqawfish (Ptychocheilus
lucius), humpback chub (Gila cypha), bonytail (Gila elegans), and
razorback sucker (Xyrauchen texanus). Each of these four species was
once abundant in the Upper Basin; however, they have declined in
numbers and are now threatened with extinction from their natural
habitat. Factors accounting for the current status of these species
include direct loss of habitat, changes in water flow and temperature
regimes, blockage of migration routes, and interactions with introduced
(nonnative) fish species. The Fish and Wildlife Service (Service) has
maintained since 1978 that a jeopardy situation exists in the upper
Colorado River basin and that actions must be taken to reverse the
decline of endangered fish populations and habitat. The Service has
described this conclusion through section 7 of the Endangered Species
Act (Act) in over 224 biological opinions on project impacts on the
endangered fish in the Upper Basin.
In 1988, the Governors of Colorado, Utah, and Wyoming, the
Secretary of the Interior, and the Administrator of the Western Area
Power Administration entered into a cooperative agreement to implement
the Recovery Implementation Program for Endangered Fish Species in the
Upper Colorado River Basin (Recovery Program). The purpose of the
Recovery Program is to recover the four endangered fish in the Upper
Colorado River Basin while providing for future water development to
proceed in compliance with the Endangered Species Act, Interstate
Compacts, and State law. Participants in the Recovery Program include
the Service, the Bureau of Reclamation, the States of Utah, Wyoming,
and Colorado, the Western Area Power Administration (Western), and
representatives of the water development interests and conservation
groups. The Colorado River Energy Distributors Association is a
nonvoting member of the Recovery Program. The ultimate goal of the
Recovery Program is to recover and delist the endangered fishes in the
Upper Basin by restoring and establishing self-sustaining populations
and protecting sufficient habitat to support these populations.
The Recovery Program also outlines procedures for section 7
consultations. the Service raised an issue with the Recovery Program
participants as to whether progress toward recovery of the fish has
been sufficient to allow for the continued issuance of favorable
biological opinions. Discussions among the Recovery Program
participants resulted in an agreement, which was finalized on October
15, 1993, that clarified how section 7 consultations would be conducted
on depletion impacts related to new projects and impacts associated
with historic projects (existing projects requiring a new Federal
action) in the Upper Basin. The Recovery Implementation Program
Recovery Action Plan (RIPRAP) was developed by the Recovery Program
participants using the best information available and the recovery
goals established for the four endangered fish species. It identifies
specific actions and timeframes currently believed to be required to
recover the endangered fish in the most expeditious manner possible in
the Upper Basin. The RIPRAP also serves as a measure of accomplishment
so the Recovery Program can continue to serve as the reasonable and
prudent alternative to avoid the likelihood of jeopardy to the
continued existence of the endangered fishes for projects undergoing
section 7 consultations. The Service also intends that the Recovery
Program will serve as the reasonable and prudent alternative which
avoids the likely destruction or adverse modification of critical
habitat. The final rule determining critical habitat for the endangered
fishes was published in the Federal Register on March 21, 1994, and the
final designation became effective on April 20, 1994. The proposed
changes continued in the modified RIPRAP are designed to fulfill such
intent.
Destruction or adverse modification of critical habitat is defined
at 50 CFR 402.02 as a direct or indirect alternation that appreciably
diminishes the value of critical habitat for both the survival and
recovery of a listed species. Section 7 consultation is initiated by a
Federal Agency when its action may affect critical habitat by impacting
any of the primary constituent elements or reduce the potential of
critical habitat to develop those elements. The Primary constituent
elements determined necessary for survival and recovery of the four
Colorado River endangered fishes include, but are not limited to,
water, physical habitat, and biological environment as defined in the
final rule.
Many of the specific actions in the existing RIPRAP not only
contribute to allowing the Recovery Program to continue to serve as the
reasonable and prudent alternative to avoid the likelihood of jeopardy
to the continued existence of the endangered fishes, but also will
avoid the likely destruction or adverse modification of critical
habitat for the endangered fishes. Therefore, the proposed additions
and changes to the RIPRAP which the Service believes are necessary for
the Recovery Program to continue to serve as the reasonable and prudent
alternative for projects undergoing section 7 consultations are not
extensive. The proposed modifications are primarily intended to provide
further definition to already identified recovery actions in the RIPRAP
and to provide increased certainty that the Recovery Program can
continue to serve as the reasonable and prudent alternative for
projects subject to section 7 consultations.
National Environmental Policy Act (NEPA)
A programmatic Environmental Assessment was completed on the
Recovery Program in November 1987. The Environmental Assessment
provides an analysis and assessment of the impacts to the environment
from Recovery Program implementation. The October 1993 Agreement and
RIPRAP, including the proposed changes, identify in more detail how the
Recovery Program will be carried out. Appropriate site specific NEPA
compliance will be conducted on specific actions identified in the
RIPRAP.
Public Comment Solicited
The Service solicits written comments on the proposed RIPRAP
modifications. All comments received by the date specified in the DATES
section above will be considered prior to approval of the RIPRAP
modifications.
Author
This notice was prepared by Jim Lutey and John Hamill, U.S. Fish
and Wildlife Service, P.O. Box 25486, Denver Federal Center, Denver,
Colorado 80225.
Authority: The Authority for this action is the Endangered
Species Act of 1973, as amended.
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
record keeping requirements, and Transportation.
Dated: June 10, 1994.
Susan E. Baker,
Acting Regional Director, Fish and Wildlife Service.
[FR Doc. 94-14870 Filed 6-17-94; 8:45 am]
BILLING CODE 4310-55-M
