[Federal Register Volume 59, Number 131 (Monday, July 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-16642]
[[Page Unknown]]
[Federal Register: July 11, 1994]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
Endangered and Threatened Wildlife and Plants; Notice of 90-Day
and 12-Month Findings on a Petition to Reclassify Spikedace (Meda
Fulgida) and Loach Minnow (Tiaroga Cobitis) From Threatened to
Endangered
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of petition findings.
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SUMMARY: The U.S. Fish and Wildlife Service (Service) announces 90-day
and 12-month findings for a petition to amend the List of Endangered
and Threatened Wildlife and Plants. The Service finds that the
petitioners have presented substantial information indicating
reclassification of spikedace and loach minnow from threatened to
endangered may be warranted. The Service has previously found that
reclassification of spikedace and loach minnow is warranted, but is
precluded by work on other pending listing actions of higher priority
on which expeditious progress is being made.
DATES: The findings announced in this document were made on June 30,
1994. Comments and materials may be submitted until further notice.
ADDRESSES: Information, comments, or questions concerning the
petitioned actions may be submitted to the State Supervisor, Arizona
Ecological Services State Office, U.S. Fish and Wildlife Service, 3616
West Thomas Road, Suite 6, Phoenix, Arizona 85109. The petitions,
findings, supporting information, and comments will be available for
public inspection, by appointment, during normal business hours at the
above address.
FOR FURTHER INFORMATION CONTACT: Sally Stefferud at the above address
(Telephone 602/379-4720).
SUPPLEMENTARY INFORMATION:
Background
Section 4(b)(3)(A) of the Endangered Species Act of 1973, as
amended (Act) (16 U.S.C. 1531 et seq.), requires the Service to make a
finding on whether a petition to list, delist, or reclassify a species
presents substantial scientific or commercial information to indicate
that the petitioned action may be warranted. To the maximum extent
practicable, this finding is to be made within 90 days of receipt of
the petition, and notice of the finding is to be published promptly in
the Federal Register. If the finding is positive, the Service is also
required to promptly commence a status review of the species involved.
Section 4(b)(3)(B) requires that the Service make a further finding as
to whether or not a petition presenting substantial information in
support of listing, delisting, or reclassification of a species is (i)
warranted, (ii) not warranted, or (iii) warranted but precluded by work
on other pending listing actions of higher priority on which
expeditious progress is being made. This finding is to be made within
12 months of receipt of the petition. Depending upon the conclusion of
the finding, the Service must promptly publish in the Federal Register
either a notice of the finding or a proposal on the petitioned action.
On September 22, 1993, the Department of the Interior received a
petition, dated September 17, 1993, from David Hogan, Silver City, New
Mexico; Peter Galvin, Silver City, New Mexico; the Greater Gila
Biodiversity Project, Silver City, New Mexico; the Southwest Center for
Biological Diversity, Phoenix, Arizona; and the Biodiversity Legal
Foundation, Boulder, Colorado. The petitioners requested the Service to
reclassify the spikedace (Meda fulgida) and loach minnow (Tiaroga
cobitis), from threatened to endangered. On November 10, 1993, the
Service informed the petitioners that their correspondence had been
accepted as a valid petition.
These 90-day and 12-month findings are based on published and
unpublished biological and commercial information, inter- and intra-
agency communications, and communications with experts. All information
used in these findings is on file in the Service's Arizona Ecological
Services State Office in Phoenix.
Spikedace and loach minnow are two small minnows which inhabit
isolated stretches of stream in the upper reaches of the Gila River
basin in Arizona and New Mexico (Minckley 1973, Propst et al. 1986,
Propst et al. 1988, Propst and Bestgen 1991, Rinne 1991). Their
historic range included most of the Gila River basin; however, both
species have undergone dramatic declines since the late 1800's. These
declines were due to water developments such as impoundment, diversion,
channelization, and groundwater pumping; to watershed degradation and
erosion caused by activities such as livestock grazing, timber harvest,
road building, and recreation; and to effects of the introduction and
spread of nonnative fish species. Both species live in relatively fast
flowing water in perennial stream stretches.
Spikedace are presently known only from isolated stretches of the
Gila River, Grant and Catron Counties, New Mexico; Aravaipa Creek,
Graham and Pinal Counties, Arizona; Eagle Creek, Greenlee County,
Arizona; and the Verde River, Yavapai County, Arizona. Loach minnow are
presently known only from isolated stretches of the Gila River, Grant
and Catron Counties, New Mexico; Aravaipa Creek, Graham and Pinal
Counties, Arizona; the East Fork and mainstem White Rivers, Navajo and
Gila Counties, Arizona; the San Francisco and Tularosa Rivers and Dry
Blue Creek, Catron County, New Mexico; and the Blue and San Francisco
Rivers and Campbell Blue Creek, Greenlee County, Arizona.
The spikedace was listed as a threatened species on July 1, 1986,
and the loach minnow was listed as a threatened species on October 28,
1986. Critical habitat was designated for both species on March 8,
1994. A threatened species is defined by the Act as a species ``which
is likely to become an endangered species within the foreseeable future
throughout all or a significant portion of its range.'' An endangered
species is defined by the Act as one ``which is in danger of extinction
throughout all or a significant portion of its range.''
In 1991, the status of spikedace and loach minnow were reviewed as
part of the 5-year review of the status of listed species as required
by section 4(c)(2) of the Act. That review showed that the status of
the two species had become more precarious over the previous five years
due to substantial increases in threats. As a result, the Service found
that both species met the requirements for endangered status. The
Desert Fishes Recovery Team and the Arizona Game and Fish Department
have recommended reclassification to endangered for both species.
At the same time that threats to the species are increasing, new
genetic information suggests a need to preserve each of the fragmented
populations of spikedace and loach minnow in order to maintain as much
genetic diversity in the species as possible (Tibbets 1992). Four of
the five remaining loach minnow populations have been subjected to
genetic analyses and each appears to be distinctive. Genetic analyses
on the four remaining spikedace populations indicate that each of the
four populations is quite different, with the Verde River population
being most distinct.
Petition Findings
After reviewing the petition and all other pertinent information,
the Service finds that the petition presents substantial information to
indicate that reclassification to endangered may be warranted for
spikedace and loach minnow. A positive 90-day finding generally
requires that a status review be conducted on the petitioned species.
However, as previously mentioned, a status review was conducted in
1991, resulting in a finding that endangered status is appropriate, but
that higher-priority listing actions precluded the rulemaking process
to reclassify the species.
Benefits to the spikedace and loach minnow from reclassification to
endangered status would include recognition of the more precarious
status of the species and increased penalties for conducting activities
prohibited under section 9 of the Act. However, these benefits would be
incremental to the protection under the Act already applied to these
threatened species. This incremental protective increase is of lesser
priority than providing protection to species with no current legal
protection under the Act.
After reviewing all available scientific and commercial information
on the spikedace and loach minnow and their status and after
consideration of other listing actions and their priorities, the
Service finds that the reclassification of spikedace and loach minnow
to endangered is warranted, but is precluded by work on pending listing
actions of higher priority on which expeditious progress is being made.
References Cited
Minckley, W.L. 1973. Fishes of Arizona. Arizona Game and Fish
Department. Phoenix, AZ. 293 pp.
Propst, D.L. and K.R. Bestgen. 1991. Habitat and biology of the loach
minnow. Copeia 1991(1):29-38.
Propst, D.L., K.R. Bestgen, and C.W. Painter. 1986. Distribution,
status, biology, and conservation of the spikedace (Meda fulgida) in
New Mexico. U.S. Fish and Wildlife Service Endangered Species Report
No. 15. 93 pp.
Propst, D.L., K.R. Bestgen, and C.W. Painter. 1988. Distribution,
status, biology, and conservation of the loach minnow, Tiaroga cobitis
Girard, in New Mexico. U.S. Fish and Wildlife Service Endangered
Species Report No. 17. 75 pp.
Rinne, J.N. 1991. Habitat use by spikedace, Meda fulgida (Pisces:
Cyprinidae) in southwestern streams with reference to probable habitat
competition by red shiner, Notropis lutrensis (Pisces:Cyprinidae).
Southwestern Naturalist 37(2):117-125.
Tibbets, C.A. 1992. Allozyme variation in populations of the spikedace
(Meda fulgida) and the loach minnow (Tiaroga cobitis). Proceedings of
the Desert Fishes Council 24:37.
Author
The primary author of this document is Sally Stefferud of the
Arizona Ecological Services State Office, Phoenix (see ADDRESSES
section).
Authority: The authority for this action is 16 U.S.C. 1531-1544.
Dated: June 30, 1994.
Mollie H. Beattie,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 94-16642 Filed 7-8-94; 8:45 am]
BILLING CODE 4310-55-P
