[Federal Register Volume 60, Number 176 (Tuesday, September 12, 1995)]
[Proposed Rules]
[Pages 47339-47340]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22586]
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DEPARTMENT OF THE INTERIOR
50 CFR Part 17
Endangered and Threatened Wildlife and Plants; Notice of
Availability of Reports and Other Data Pertaining to the Listing of the
Bruneau Hot Springsnail
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability, opening of public comment period.
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SUMMARY: The U.S. Fish and Wildlife Service (Service) gives notice that
reports and other data pertaining to the listing of the Bruneau hot
springsnail (Pyrgulopsis bruneauensis) are available to the public.
Specifically, the Service is seeking public comment on a U.S.
Geological Survey report and other reports and data received since the
listing of the springsnail. In addition, the Service solicits any other
information relevant to determining whether the springsnail should be
listed as an endangered species. The Service opens the public comment
period until November 13, 1995.
DATES: The comment period is open until November 13, 1995. 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, 4696 Overland Road, Room 576, Boise, Idaho 83705. 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.
FOR FURTHER INFORMATION CONTACT: Robert Ruesink, Supervisor, at the
address listed above (telephone 208/334-1931, facsimile 208/334-9493).
SUPPLEMENTARY INFORMATION:
Background
On January 25, 1993, the U.S. Fish and Wildlife Service (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 violations 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 USGS report and other relevant information, and to reconsider its
listing decision. This notice of availability complies with the court's
direction.
Available Reports and Data
In addition to the draft USGS report, which was finalized in August
1993 (i.e., Berenbrock 1993), the Service has additional reports and
information pertinent to the listing decision received since the
original listing rule was published January 25, 1993. The following
information contained in
[[Page 47340]]
Service files is available for public review and comment:
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.
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. 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.
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.
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: September 1, 1995.
Thomas J. Dwyer,
Regional Director, Region 1, U.S. Fish and Wildlife Service.
[FR Doc. 95-22586 Filed 9-11-95; 8:45 am]
BILLING CODE 4310-55-P
