[Federal Register: October 13, 1998 (Volume 63, Number 197)] [Proposed Rules] [Page 54660-54661] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr13oc98-37] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 RIN 1018-AE86 Endangered and Threatened Wildlife and Plants; Reopening of Comment Period on Proposed Endangered Status for Devils River Minnow (Dionda diaboli) AGENCY: Fish and Wildlife Service, Interior. ACTION: Proposed rule; reopening of comment period. ----------------------------------------------------------------------- SUMMARY: The U.S. Fish and Wildlife Service (Service) gives notice that the comment period on the proposed determination of endangered status for the Devils River minnow (Dionda diaboli) is reopened. This fish is found in Val Verde and Kinney counties, Texas, and Coahuila, Mexico. All interested parties are invited to submit comments on this proposal. DATES: The comment period, which originally closed on July 27, 1998, now closes November 12, 1998. ADDRESSES: Written comments and materials concerning the proposal should be sent to the Field Supervisor, Austin Ecological Services Field Office, U.S. Fish and Wildlife Service, 10711 Burnet Road, Suite 200, Austin, Texas, 78758. Comments and materials received will be available for public inspection, by appointment, during normal business hours at the above address. FOR FURTHER INFORMATION CONTACT: Nathan Allan, Fish and Wildlife Biologist (see ADDRESSES section) (telephone 512/490-0057; facsimile 512/490-0974). SUPPLEMENTARY INFORMATION: Background The current range of the Devils River minnow is limited to three stream systems in Val Verde and Kinney counties, Texas, and one drainage in Coahuila, Mexico. The species' range has been significantly contracted and fragmented. In addition, the numbers of Devils River minnows collected during fish surveys has declined dramatically over the past 25 years; the species has declined from one of the most abundant fish to one of the least abundant. Based on the current information, the decline of the species in both distribution and abundance may be attributed in large part to the effects of habitat loss and modification and the introduction of nonnative fish into habitats of the Devils River minnow. On March 27, 1998, the Service published a proposed rule to list the Devils River minnow as endangered under the Endangered Species Act (Act) of 1973, as amended (63 FR 14885-14892). Section 4(b)(5)(E) of the Act requires that a public hearing be held if requested within 45 days of the proposal's publication in the Federal Register. Because of the past public interest in the listing of this species, the Service opened the public comment period for 120 days and held a public hearing on May 28, 1998, in Del Rio, Texas. A notice of the public hearing was published in the Federal Register on May 14, 1998. Over 40 individuals attended the hearing and made 19 oral comments. Also, a number of written comments were received during the original comment period. All of these comments will be considered in the final determination on whether or not to add the species to the list of threatened and endangered species. The purpose of reopening the comment period at this time is to accept public comments on the proposal to list the Devils River minnow as an endangered species in light of new information that has been received by the Service. New information on the distribution and abundance of the species has been provided by the Texas Parks and Wildlife Department (Department). In addition, a Conservation Agreement for the Devils River minnow between the Service, the Department, and the City of Del Rio was signed on September 2, 1998. On May 28, 1998, biologists from the Department collected about 140 Devils River minnows from Phillips Creek. Phillips Creek is a small tributary, [[Page 54661]] located on private land, entering the Devils River from the northeast, about 2 miles downstream from the Highway 163 bridge (Baker's Crossing). This site is a small spring-fed stream that does not provide surface flow to the Devils River under normal conditions. No information is available to indicate that fishes have ever been sampled from this site in the past. This information provides significant evidence confirming that the Devils River minnow still occurs in the Devils River watershed. Additional surveys are needed to determine the actual status of the species in the Devils River, but the confirmation of the species in the drainage is important in ensuring that those populations have not been lost. The Service has been working with the Department, in cooperation with local landowners, over the past year in an effort to develop a conservation agreement that would expedite conservation measures needed to ensure the continued existence of the species. Preliminary drafts of the Conservation Agreement (Agreement) were made available to local landowners for comments and a draft version was also distributed at the Public Hearing. The Agreement was signed by the Service, the Department, and the City of Del Rio on September 2, 1998. The Agreement included a Conservation Strategy (Strategy) to describe the specific procedures required for conservation of the Devils River minnow. In making the final listing determination, the Service agreed to consider the ongoing implementation of the conservation actions as described in the Strategy. The Service will consider the effect of those actions on removing threats to the species, as described in the proposed rule, in making a final determination on this listing. The ten conservation actions that were included in the Strategy are: (1) Determine the current status of the Devils River minnow and monitor changes; (2) Maintain genetically representative, captive populations of Devils River minnow at two fish hatchery facilities for reintroduction, and as insurance against extinction; (3) Reintroduce Devils River minnows, reared in captive populations, in order to reestablish populations in nature; (4) Continue and enhance protection of the San Felipe Creek watershed; (5) Provide technical assistance to landowners on riparian protection and management; (6) Review live bait harvest and selling practices in the Devils River area to develop methods and take appropriate actions (e.g., regulation, education) to prevent the further establishment of exotic, aquatic species within the historical range of Devils River minnow; (7) Document the abundance and ranges of exotic fish in the Devils River, and San Felipe, Las Moras, and Sycamore creeks; (8) Obtain and analyze changes in flow data for the Devils River, and San Felipe, Las Moras, and Sycamore creeks; (9) With progeny of the captive population, use a simulated environment to determine ecological and life history requirements of the Devils River minnow; and (10) Determine in situ predator/prey interactions between smallmouth bass and the Devils River minnow. The comment period on the proposal will remain open until November 12, 1998. Written comments may be submitted until that date to the Service office in the ADDRESSES section. Author the primary author of this notice is Nathan Allan (see ADDRESSES section) (telephone 512/490-0057; facsimile 512/490-0974). Authority The authority for this action is the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). Dated: October 3, 1998. Geoffrey S. Haskett, Acting, Regional Director, Fish and Wildlife Service, Region 2. [FR Doc. 98-27325 Filed 10-9-98; 8:45 am] BILLING CODE 4310-55-P