ETWP; Final Rule to List the Arkansas River Basin Population of the Arkansas River Shiner (Notropis girardi) as Threatened; Final Rule

We, the U.S. Fish and Wildlife Service, determine the Arkansas River basin population of the Arkansas River shiner (ARS) (Notropis girardi) to be a threatened species under the authority of the Endangered Species Act of 1973, as amended (Act). The ARS is a small fish found in the Canadian River in New Mexico, Oklahoma, and Texas and the Cimarron River in Kansas and Oklahoma, both rivers in the Arkansas River basin. A non-native, introduced population occurs in the Pecos River in New Mexico; however, we did not propose listing of this population and are not including it in this final rule. The Arkansas River basin population is threatened by habitat destruction and modification from stream dewatering or depletion due to diversion of surface water and groundwater pumping, construction of impoundments, and water quality degradation. Competition with the non- indigenous Red River shiner (Notropis bairdi) contributed to diminished distribution and abundance in the Cimarron River. Incidental capture of the ARS during pursuit of commercial bait fish species may also contribute to reduced population sizes. Drought and other natural factors also threaten the existence of the ARS. We originally proposed to list the ARS as endangered. However, since publication of the proposed rule for this species, we decided to list this species as threatened due to lesser immediacy and magnitude of threats to its existence. New information received during the public comment period revealed that modifications to the Lake Meredith Salinity Control Project resulted in streamflow reductions that were less severe than originally projected in 1994. In addition, new information shows that the influence of the High Plains Aquifer on streamflows in the Canadian River upstream of Lake Meredith are less than originally believed and that the aggregations of Arkansas River shiners in the reach between Ute Reservoir and Lake Meredith are stable and not declining, as presented in the proposed rule. This action will implement Federal protection provided by the Act for the ARS. We have determined that designation of critical habitat for the ARS is not prudent.