[Federal Register Volume 59, Number 125 (Thursday, June 30, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15850]
[[Page Unknown]]
[Federal Register: June 30, 1994]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AC53
Endangered and Threatened Wildlife and Plants; Extension of
Comment Period and Notice of Public Hearing on Proposed Threatened
Status for the Virgin Spinedace (Lepidomeda Mollispinis Mollispinis)
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; notice of public hearing and extension of
comment period.
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SUMMARY: The Fish and Wildlife Service (Service) provides notice that a
public hearing will be held on the proposed determination of threatened
status for the Virgin spinedace (Lepidomeda mollispinis mollispinis)
and that the comment period on the proposal is extended. This small
fish in the minnow family (Cyprinidae) is endemic to the Virgin River
drainage, a tributary to the Colorado River of southwestern Utah,
northwestern Arizona, and southeastern Nevada.
All interested parties are invited to submit comments on this
proposal.
DATES: The public hearing will be held from 4 p.m. to 6 p.m. and 7 p.m.
to 9 p.m., with registration beginning at 3:30 p.m., on Wednesday, July
13, 1994. The comment period, which originally closed on July 18, 1994,
now closes on August 17, 1994.
ADDRESSES: The public hearing will be held at the St. George Hilton
Inn, 1450 South Hilton Drive, St. George, Utah. The hearing will be
held in the Garden Room of the hotel. Written comments and materials
should be sent to the Field Supervisor, Fish and Wildlife Service,
Suite 404, Lincoln Plaza, 145 East 1300 South, Salt Lake City, Utah
84115. Comments and materials received will be available for public
inspection, by appointment, during normal business hours, at the above
address.
FOR FURTHER INFORMATION CONTACT:
Robert D. Williams, Assistant Field Supervisor, telephone 801/524-5001
(See ADDRESSES Section).
SUPPLEMENTARY INFORMATION:
Background
The Virgin spinedace (Lepidomeda mollispinis mollispinis) is
endemic to the Virgin River drainage, a tributary to the Colorado River
of southwestern Utah, northwestern Arizona, and southeastern Nevada.
Approximately 40 percent of the historical habitat of the Virgin
spinedace has been lost due to human impacts, which include habitat
fragmentation; introduction of nonnative fishes; and dewatering due to
agriculture, mining, and urbanization. These impacts continue to
threaten the Virgin spinedace. Listing this species as threatened would
afford the Virgin spinedace protection under the Endangered Species Act
(Act) of 1973, as amended (16 U.S.C. 1531 et seq.).
On May 18, 1994, the Fish and Wildlife Service (Service) published
a proposed rule (59 FR 25875) to list the Virgin spinedace as
threatened under the Act. Section 4(b)(5)(E) of the Act requires that a
public hearing be held if requested within 45 days of publication of
the proposal in the Federal Register. A public hearing request was
received within the allotted time period from Ronald W. Thompson,
District Manager, St. George, Utah, representing the Washington County
Water Conservancy District.
The Service has scheduled this hearing on Wednesday, July 13, 1994,
from 4 p.m. to 6 p.m. and 7 p.m. to 9 p.m., with registration beginning
at 3:30 p.m. mountain daylight time (see ADDRESSES above). Anyone
wishing to make an oral statement for the record is encouraged to
provide a written copy of their statement to be presented to the
Service at the start of the hearing. In the event there is a large
attendance, the time allotted for oral statements may have to be
limited. An adjacent room also will be provided for those who wish to
ask questions and to obtain additional information during and after the
formal hearing.
Oral and written statements concerning the proposed rule that are
presented at the hearing will receive equal consideration by the
Service. There are no limits to the length of written comments
presented at this hearing or mailed to the service. Comments
particularly are sought concerning:
(1) Biological, commercial trade, or other relevant data concerning
any threat (or lack thereof) to this species;
(2) The location of any additional populations of this species and
the reasons why any habitat should or should not be determined to be
critical habitat as provided by section 4 of the Act;
(3) Additional information concerning the range, distribution, and
population size of this species; and
(4) Current or planned activities in the subject area and their
possible impacts on this species.
Legal notices and news releases announcing the date, time, and
location of the hearing are being published in newspapers concurrently
with this Federal Register notice.
The comment period on the proposal originally closed on July 18,
1994. In order to accommodate the hearing, the Service hereby extends
the comment period until August 17, 1994. Written comments may now be
submitted to the Service office identified in the ADDRESSES section,
however, all comments must be received before the close of the comment
period to be considered.
The Service stated in the proposed rule (59 FR 25875) that critical
habitat will be proposed for the Virgin spinedace and the other listed
Virgin River species before publishing a final determination to list
the Virgin spinedace only, this could have a negative impact on the
Virgin spinedace. Section 7 of the Act requires that: ``Each Federal
agency shall * * * insure that any action authorized, funded, or
carried out by such agency * * * is not likely to jeopardize the
continued existence of any endangered species or result in the
destruction or adverse modification of habitat of such species which is
determined * * * to be critical, unless such agency has been granted an
exemption for such action * * *.'' The Virgin spinedace presently
occupies areas of the Virgin River drainage that overlap or are
upstream of areas occupied by the endangered Virgin River chub (Gila
robusta seminuda) and woundfin (Plagopterus argentissimus). Because
these species occur in such close proximity and they, in part, share
common resources, the Service finds that critical habitat must be
determined only on a multispecies level using an ecosystem approach. If
critical habitat and its constituent elements were determined for the
Virgin spinedace only, this could have a negative impact on the Virgin
River chub and woundfin minnow. Therefore, in the case of the Virgin
River fishes, it would not be prudent to designate critical habitat for
a single species.
At this time, the Service is seeking comments related to the
proposed listing of the Virgin spinedace. At a later date, the Service
will publish a proposed rule for determining critical habitat for the
Virgin River fishes, and additional comments concerning its
multispecies approach to endangered species conservation for the Virgin
River will be sought. After the proposed rule for critical habitat is
published in the Federal Register, the Service will open a public
comment period, hold public hearings, and request comments from all
interested parties on the proposed critical habitat designation. After
the public comment period has expired, the Service will review the
public input, consider any areas recommended for exclusion, make a
final critical habitat designation, and publish the critical habitat
designation.
Authors
The primary authors of the notice are Janet Mizzi, Utah Field
Office (see ADDRESSES above), telephone 801/524-5001, and Harold Tyus,
Denver Regional Office.
Authority
Authority for this action is the Endangered species Act of 1973 (16
U.S.C. 1531 et seq.).
Dated: June 20, 1994.
Robert D. Jacobsen,
Acting Regional Director, Region 6, Denver, Colorado.
[FR Doc. 94-15850 Filed 6-29-94; 8:45 am]
BILLING CODE 4310-55-M
