[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]
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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.
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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 filed in 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 filed a 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. 99-20379 Filed 8-6-99; 8:45 am]
BILLING CODE 4310-55-M