[Federal Register: January 26, 1999 (Volume 64, Number 16)] [Proposed Rules] [Page 3913-3915] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr26ja99-51] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; 90-Day Finding for a Petition To List the Vermilion Darter as Endangered AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of 90-day petition finding and initiation of status review. ----------------------------------------------------------------------- SUMMARY: We (U.S. Fish and Wildlife Service) are announcing a 90-day finding for a petition to list the vermilion darter (Etheostoma chermocki) under the Endangered Species Act of 1973, as amended. We find that the petition presents substantial information indicating that listing this species may be warranted. A status review is initiated. DATES: The finding announced in this document was made on January 7, 1999. Send your comments and materials to reach us on or before March 29, 1999. We may not consider comments received after the above date in making our decision for the 12-month finding. ADDRESSES: You may submit data, information, comments, or questions concerning this petition to the Field Supervisor, U.S. Fish and Wildlife Service, Jackson Field Office, 6578 Dogwood View Parkway, Suite A, Jackson, Mississippi 39213. The petition finding, supporting data, and comments are available for public inspection, by appointment, during normal business hours at the above address. [[Page 3914]] FOR FURTHER INFORMATION CONTACT: Daniel J. Drennen, Biologist, at the above address (telephone 601-965-4900, extension 27). SUPPLEMENTARY INFORMATION: Background Section 4(b)(3)(A) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.), requires that we make a finding on whether a petition to list, delist, or reclassify a species presents substantial scientific or commercial information demonstrating that the petitioned action may be warranted. We base the finding on all the information available to us at the time the finding is made. To the maximum extent practicable, we make the finding within 90 days of receipt of the petition, and promptly publish the finding in the Federal Register. If we find that substantial information was presented, we must promptly commence a status review of the species. The processing of this petition conforms with our current listing priority guidance for fiscal years 1998 and 1999, published in the Federal Register on May 8, 1998 (63 FR 25502). The guidance gives highest priority (Tier 1) to processing emergency rules to add species to the Lists of Endangered and Threatened Wildlife and Plants (Lists); second priority (Tier 2) to processing final determinations on proposals to add species to the Lists, processing new proposals to add species to the Lists, processing administrative findings on petitions (to add species to the Lists, delist species, or reclassify listed species), and processing a limited number of proposed or final rules to delist or reclassify species; and third priority (Tier 3) to processing proposed or final rules designating critical habitat. Processing of this petition is a Tier 2 action. We have made a 90-day finding on a petition to list the vermilion darter (Etheostoma chermocki) as endangered. Mr. Robert R. Reid, Jr. of Birmingham, Alabama, submitted the petition, dated July 22, 1998, which we received July 23, 1998. On August 18, 1998, we received supplemental information (dated August 12, 1998) on the species and a request from Dr. Paul D, Blanchard, of Samford University, in Birmingham, to be co- petitioner with Mr. Reid, at Mr. Reid's request. The petition requested that we emergency list the vermilion darter as endangered. The petitioners stated that the vermilion darter merits listing because of its restricted range and threats to water quality, especially siltation. The petitioners requested emergency listing due to the perceived immediate threats to the species' continued existence from the proposed construction of the Jefferson County jail, and expansion of the county land fill and sewage treatment plant near this species' habitat. We have reviewed the petition, the literature cited in the petition, other literature, and information available in our files. Based on the best scientific information available, we find the petition presents substantial information that listing this species may be warranted. Emergency listing is allowed under the Act whenever immediate protection is needed to address a significant risk to the species' well being. Based on currently available information, emergency listing is not needed for the vermilion darter. The proposed jail, and expansion of the county land fill and sewage treatment plant are localized activities near the downstream extent of the species' range. We have determined that they do not pose an imminent threat of extinction to a significant portion of the total population. The vermilion darter is found only in the Turkey Creek drainage, a tributary of the Locust Fork of the Black Warrior River, Jefferson County, Alabama (Boschung et al. 1992, Blanco et al. 1995, Mettee et al. 1996). Blanco et al. (1995) documented the vermilion darter's known range to 7.2 miles of the mainstem of Turkey Creek and the lowermost reaches of one tributary, Dry Creek. The historic population size of the vermilion darter is unknown and current population data is limited. There are localities with favorable concentrations of darters and others with few or none. In the 1960s and 70s, the vermilion darter was common at the Highway 79 bridge site but, by 1992, it had become very rare there (Boschung et al. 1992). Habitat for the vermilion darter is similar to that for other snub- nosed darters typically found in small-sized clear streams with gravel riffles and moderate currents (Kuehne and Barbour 1983, Etinier and Starnes 1993). Boschung et al. (1992) described the streams as 3 to 20 meters (9.84 to 65.6 feet) wide, 0.01 to >0.5 meter (0.034 to >1.64 feet) in depth, with pools of moderate current alternating with riffles of moderately swift current. The riffles are of coarse gravel, cobble and small rubble, and the bottoms of the pools are rock, sand, and silt. The darter is absent from bedrock, but it does occur in bedrock- dominated areas with sand and gravel. Impacts of point and non-point source pollution are the primary threats to the survival of this species. The vermilion darter, being isolated and localized, is vulnerable to human-induced impacts to its habitat. Excessive sediments are believed to impact the habitat of darters and associated fish species by making it unsuitable for feeding and reproduction. Urbanization of the Turkey Creek watershed has likely contributed significantly to its sedimentation. The approximately 35 square mile Turkey Creek watershed drains 54,731 acres of Jefferson County, the most populous county in the state. A State highway divides the watershed and there is significant development (such as commercial, residential, and industrial) throughout the area. The creek has been noted to be brown-orange after heavy rains and completely muddy (Blanchard pers. comm. 1998). Implementation of the recently proposed Jefferson County jail would likely lead to increased sediment loading of the creek within the lower 2 miles of the known vermilion darter range (Boschung et al. 1992 and Blanco et al. 1995). Increased nutrient loading by sewage effluent has likely contributed to the eutrophication of the creek. Violations reported by Alabama Department of Environmental Management for the Turkey Creek Waste Water Plant (TCWWP) (Blanchard in litt. 1998) have shown elevated maximum values for fecal coliforms, while below the TCWWP, the creek has been altered by strip- mining and land fill. We solicit information regarding occurrence and distribution of the species, threats to its continued existence, and any additional comments and suggestions from the public, other concerned governmental agencies, the scientific community, industry, or any other interested parties concerning the status of the vermilion darter. Of particular interest is information regarding: (1) Additional historic and current population data which may assist in determining range and long term population trends; (2) Pertinent information on biology and life history; (3) Additional information about habitat requirements and stream water quality; and, (4) Information on immediate and distant ecological threats to the vermilion darter, other fish species of the creek, and the watershed in general. After consideration of additional information, submitted during the indicated time period (see DATES section), we will prepare a 12-month finding as to whether listing of the species is warranted. [[Page 3915]] References Cited A complete list of all references cited herein, as well as others, is available upon request from the Jackson Field Office. See ADDRESSES above. Author. The primary author of this document is Daniel J. Drennen (see ADDRESSES section). Authority The authority for this action is the Endangered Species Act (16 U.S.C. 1531 et seq.). Dated: January 7, 1999. Jamie Rappaport Clark, Director, Fish and Wildlife Service. [FR Doc. 99-1639 Filed 1-25-99; 8:45 am] BILLING CODE 4310-55-P