Endangered and threatened species: Critical habitat designations— Woundfin and Virgin River chub,

[Federal Register: August 9, 1999 (Volume 64, Number 152)]

[Notices]

[Page 43206-43207]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr09au99-95]

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

Notice of Availability of the Draft Environmental Assessment of Designation of Critical Habitat for the Woundfin (Plagopterus argentissimus) and Virgin River Chub (Gila seminuda) Within the Virgin River Basin

AGENCY: U.S. Fish and Wildlife Service, Interior.

ACTION: Notice of document availability and public comment period.

SUMMARY: We, the Fish and Wildlife Service, announce the availability of the Draft Environmental Assessment for Designation of Critical Habitat for the Woundfin (Plagopterus argentissimus) and Virgin River Chub (Gila seminuda) within the Virgin River Basin. The purpose of the proposed federal action described in the environmental assessment is to formally designate critical habitat for two endangered fishes inhabiting the Virgin River. Both woundfin and Virgin River chub are listed as endangered species under provisions of the Endangered Species Act of 1973, as amended (Act). The designation of critical habitat for woundfin and Virgin River chub is needed pursuant to the non- discretionary legal requirement under the Act to designate critical habitat when a species is listed, and to comply with a court order to make a determination with regard to these

[[Page 43207]]

species. We are seeking comments from the public, other concerned governmental agencies, the scientific community, industry, or any other interested parties on this Draft Environmental Assessment.

DATES: We must receive comments on the Draft Environmental Assessment on or before September 8, 1999 to be considered. All comments received by the above date will be considered in our final determination whether to prepare an environmental impact statement or a finding of no significant impact on designation of critical habitat within the Virgin River Basin.

ADDRESSES: Written comments and other materials regarding the Draft Environmental Assessment should be directed to the Field Supervisor, Utah Ecological Services Field Office, Lincoln Plaza, 145 East 1300 South, Suite 404, Salt Lake City, Utah 84115. Copies of the draft document are also available from the Field Office. All comments and materials received will be available upon request for public inspection, by appointment, during normal business hours at the above address.

FOR FURTHER INFORMATION CONTACT: Mr. Reed E. Harris, Utah Field Supervisor (see ADDRESS above), or at (801) 524-5001 extension 126.

SUPPLEMENTARY INFORMATION

Background

In March of 1994, in response to complaint filedin U.S. District Court, District of Colorado, the Court ordered us to designate critical habitat for the endangered woundfin and Virgin River chub, and for the Virgin spinedace (if listed before December 31, 1994). The Court further ordered that critical habitat be proposed no later than April of 1995, and finalized by December of 1995. In April of 1995 (60 FR 17296) we proposed designation of critical habitat for the woundfin, Virgin River chub, and Virgin spinedace. Shortly after that proposal we entered into a Conservation Agreement with other Federal, State, and private entities to eliminate or reduce impacts threatening the continued existence of the Virgin spinedace. We then withdrew the proposed listing and designation of critical habitat for the Virgin spinedace on February 6, 1996 (61 FR 44010. Subsequent to the proposed designation of critical habitat, and prior to the publishing of a final rule, we were precluded from completing the designation by a Congressional moratorium prohibiting listing species as endangered or threatened, and designating critical habitats for species already listed. Beginning in April 1995 and extending well into 1996, Congress passed a number of spending moratoria prohibiting us from using funds previously allocated for such purposes. These budgetary restrictions created a significant backlog of proposed listing actions, including designation of critical habitat. For this reason, we developed Listing Priority Guidance for fiscal years 1997 (62 FR 55268), and 1998 and 1999 (63 FR 25502) to help prioritize the backlog of listing activities. The designation of critical habitat was given the lowest priority in this Guidance. However, in December, 1998, the 10th circuit court ruled that the Service can no longer use this justification for not designating critical habitat and ordered designation of critical habitat for the Rio Grande silvery minnow (Hybognathus amarus). Shortly after the silvery minnow decision, the plaintiffs in the Virgin River case fileda motion for the Service to finalize critical habitat designation. A hearing is scheduled in August 1999 on this issue. We are in the process of proposing a schedule to the Plaintiffs for finalization of critical habitat for the woundfin and Virgin River chub in the Virgin River.

We are proceeding with steps necessary to finalize critical habitat designation for these two species in the Virgin River Basin and are providing notice of availability of an Environmental Assessment for this critical habitat designation.

Public Comments Solicited

We are seeking public input on the Draft Environmental Assessment for critical habitat designation within the Virgin River basin for the woundfin and Virgin River chub. Comments or suggestions from the public, other concerned governmental agencies, the scientific community, industry and/or any interested party regarding the Draft Environmental Assessment are hereby solicited. All comments received will be fully considered prior to a determination whether to prepare a finding of no significant impact or an environmental impact statement on designation of critical habitat within the Virgin River Basin.

Author: The primary author of this notice is Keith L. Rose, U.S. Fish and Wildlife Service, 764 Horizon Drive, Room 227, Grand Junction, Colorado 81506, or at (970) 243-4552.

Authority

The authorities for this action are the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and the Endangered Species Act of 1973 (16 U.S.C.. 1532 et seq..)

Dated: August 3, 1999. Terry Terrell, Deputy Regional Director, Denver, Colorado.

[FR Doc. 99-20379Filed8-6-99; 8:45 am]

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