Definition of riparian habitat or riparian areas.
Learn more about riparian areas measured outward from each bank. The areas determined to be essential to the conservation of the Arkansas River Shiner include portions of the Canadian River in New Mexico, Texas, and Oklahoma, the Beaver/North Canadian River of Oklahoma, the Cimarron River in Kansas and Oklahoma, and the Arkansas River in Arkansas, Kansas, and Oklahoma.
In developing this proposal, the Service considered whether any specific areas would be appropriate for exclusion from the final critical habitat designation for the small fish. Based on this analysis, the Service is proposing excluding the Beaver/North Canadian River in Oklahoma and the Arkansas River in Arkansas, Kansas, and Oklahoma from the final critical habitat for the Arkansas River Shiner. Under the Endangered Species Act, areas can be excluded from a critical habitat designation when the benefits of exclusion outweigh the benefits of inclusion.
In order to increase and reestablish Arkansas River Shiner populations in the Beaver/North Canadian River and the Arkansas River, the Service hopes to establish what is known as ?non-essential experimental populations.? As defined under Section 10(j) of the Endangered Species Act, an experimental population encourages local cooperation by allowing more management flexibility than the Act generally allows. For example, certain prohibitions against harming, harassing or capturing a threatened or endangered species may no longer apply. And the Act provides that critical habitat should not be designated for areas with non-essential experimental populations.
"The Service strongly believes that to recover the Arkansas River Shiner, it needs the added flexibility provided by establishing an experimental population," said Jerry Brabander, supervisor of the Services Ecological Services Office in Oklahoma. "And this flexibility would be of little value if a designation of critical habitat overlaps the experimental population. The reason is that Federal agencies would still be required to consult with us on any actions that may adversely modify critical habitat. Congress recognized that the flexibility gained from section 10(j) would be rendered useless by the designation of critical habitat."
The critical habitat designation will contribute to the species conservation by helping Federal agencies determine when they must consult with the Fish and Wildlife Service before taking a proposed action that might adversely modify critical habitat.
The Service does not expect the designation to have a substantial economic impact on the region or on private landowners. Relatively few projects have ever been stopped or significantly altered as a result of critical habitat consultations.
Critical habitat is a term in the Endangered Species Act. It identifies geographic areas that contain features essential for the conservation of a threatened or endangered species and may require special management considerations. The designation of critical habitat does not affect land ownership or establish a refuge, wilderness, reserve, preserve, or other conservation area conservation area
A conservation area is a type of national wildlife refuge that consists primarily or entirely of conservation easements on private lands. These conservation easements support private landowner efforts to protect important habitat for fish and wildlife and major migration corridors while helping to keep agricultural lands in production.
Learn more about conservation area . It does not allow government or public access to private lands.
This critical habitat proposal was completed in response to a lawsuit filed by the New Mexico Cattle Growers Association and 16 other plaintiffs.
In 30 years of implementing the Endangered Species Act, the Service has found that the designation of critical habitat provides little additional protection to most listed species, while preventing the Service from using scarce conservation resources for activities with greater conservation benefits.
In almost all cases, recovery of listed species will come through voluntary cooperative partnerships, not regulatory measures such as critical habitat. Habitat is also protected through cooperative measures under the Endangered Species Act including Habitat Conservation Plans, Safe Harbor Agreements, Candidate Conservation Agreements and state programs. In addition, voluntary partnership programs such as the Service's Private Stewardship Grants and Partners for Fish and Wildlife program also restore habitat. Habitat for endangered species is provided on many national wildlife refuges, managed by the U.S. Fish and Wildlife Service and state wildlife management areas.
The Service is currently soliciting information and comments from the public on all aspects of this proposal, including data on economic and other impacts of the designation. Three public hearings are planned, one in the Texas Panhandle, one in southwest Kansas, and one in Central Oklahoma. The locations, dates and times for the hearings for this proposal will be announced in the Federal Register and local newspapers at least 15 days prior to the first hearing. A Final Rule is due by September 30, 2005.
The Arkansas River Basin population of the Arkansas River shiner was listed as threatened under the ESA in 1998. An introduced, non-native population of Arkansas River shiners, which became established in the Pecos River of New Mexico in 1978, is not affected by this designation. The Arkansas River shiner is a small (maximum length of two inches), silver colored minnow with a small, dorsally flattened head and a rounded snout. The shiner once inhabited wide, sandy-bottomed rivers and streams throughout the Arkansas River Basin in Kansas, New Mexico, Oklahoma and Texas. Today, the fish is found primarily throughout the Canadian/South Canadian River in New Mexico, Oklahoma and Texas. A small population still persists in the Cimarron River, based on the recent collection of eight individuals in 2004. Threats to the shiner include habitat loss from construction of water impoundments, reduction of stream flows caused by diversion of surface water or groundwater withdrawals, water quality degradation, and possible inadvertent collection by the commercial bait fish industry. The Red River shiner, an introduced species, also threatens the Arkansas River shiner when introduced into its habitat.
Service biologists hope to soon begin drafting a recovery plan for the species, which will then be available for public review and comment. "We hope to involve as many stakeholders as possible in the development of this plan," said Brabander. "Water conservation efforts, including management of invasive aquatic plant species, likely will be an important component of the plan."
The Service published the proposed rule in todays Federal Register and it is available on the Services website at http://ifw2es.fws.gov/Oklahoma/shiner.htm. Copies also can be requested by calling (918) 581-7458 x224 or writing to Field Supervisor, U.S. Fish and Wildlife Service, 222 South Houston, Suite A, Tulsa, Oklahoma 741 Comments on the proposed rule should be submitted to the above address by April 30, 2005.
The U.S. Fish and Wildlife Service is the principal Federal agency responsible for conserving, protecting and enhancing fish, wildlife and plants and their habitats for the continuing benefit of the American people. The Service manages the 95-million-acre National Wildlife Refuge System, which encompasses 544 national wildlife refuges, thousands of small wetlands and other special management areas. It also operates 69 national fish hatcheries, 64 fishery resources offices and 81 ecological services field stations. The agency enforces Federal wildlife laws, administers the Endangered Species Act, manages migratory bird populations, restores nationally significant fisheries, conserves and restores wildlife habitat such as wetlands, and helps foreign and Native American tribal governments with their conservation efforts. It also oversees the Federal Assistance program, which distributes hundreds of millions of dollars in excise taxes on fishing and hunting equipment to State fish and wildlife agencies.
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