Federal Register / Vol. 62, No. 152 / Thursday, August 7, 1997 / Proposed Rules 42473

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

Reopening of the Comment Period for

the Draft Recovery Plan for the Aquatic

and Riparian Species of Pahranagat

Valley

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Notice of reopening of comment

period.

SUMMARY: The U.S. Fish and Wildlife

Service (Service) announces the

reopening of the comment period for

public review of a draft recovery plan

for the aquatic and riparian species of

Pahranagat Valley. This plan undertakes

an ecosystem approach by discussing

the recovery needs of three native,

endangered fish species. The Service

solicits any additional review and

comment from the public on this draft

plan.

DATES: Additional comments on the

draft recovery received by November 5,

1997 will be considered by the Service.

ADDRESSES: Persons wishing to review

the draft recovery plan may obtain a

copy by contacting the Acting State

Supervisor, Nevada State Office, U.S.

Fish and Wildlife Service, 4600 Kietzke

Lane, Suite 125C, Reno, Nevada 89502

(telephone: 702–784–5227), or the

Assistant Regional Director, Klamath

and California Ecoregions, U.S. Fish and

Wildlife Service, Eastside Federal

Complex, 911 NE 11th Avenue,

Portland, Oregon 97232–4181

(telephone: 503–231–6241). Written

comments and materials regarding the

plan should be addressed to Mr. Chester

C. Buchanan, Acting State Supervisor, at

the above Reno, Nevada address.

Comments and materials received are

available on request for public

inspection, by appointment, during

normal business hours at the above

Reno, Nevada address.

FOR FURTHER INFORMATION CONTACT: Ms.

Stephanie Byers at the above Reno,

Nevada address (telephone: 702–784–

5227).

SUPPLEMENTARY INFORMATION:

Background

Restoring endangered or threatened

animals and plants to the point where

they are again secure, self-sustaining

members of their ecosystems is a

primary goal of the Service’s

endangered species program. To help

guide the recovery effort, the Service is

working to prepare recovery plans for

most of the listed species native to the

United States. Recovery plans describe

actions considered necessary for the

conservation of the species, establish

criteria for reclassification or delisting,

and estimate time and cost for

implementing the recovery measures

needed.

The Endangered Species Act of 1973

(Act), as amended (16 U.S.C. 1531 et

seq.) requires the development of

recovery plans for listed species unless

such a plan would not promote the

conservation of a particular species.

Section 4(f) of the Act, as amended in

1988, requires that public notice and an

opportunity for public review and

comment be provided during recovery

plan development. The Service will

consider all information presented

during a public comment period prior to

approval of each new or revised

recovery plan. The Service and other

Federal agencies will also take these

comments into account in the course of

implementing participation plans

developed with all affected parties and

interests.

On May 28, 1997, the Service received

a letter from the County Commissioners

of Lincoln County, Nevada, requesting

the extended comment period. The

Service appreciates the assistance of the

Commissioners and therefore reopens

the comment period on this plan. After

completing the plan, the Service will

continue to work with the

Commissioners and other local parties

in the implementation of the recovery

plan.

Three native, endangered fish species

are endemic to the Pahranagat Valley in

Lincoln County, Nevada. The

Pahranagat roundtail chub is found in

only 12 km of the Pahranagat River. The

White River springfish is found only in

the spring pool of Ash Spring. The Hiko

White River springfish is found in the

spring pools of Hiko and Crystal

Springs. Populations of Pahranagat

roundtail chub vary between 150 to 250

adult fish. The White River springfish

population is stable with approximately

7,000 fish. The Hiko White River

springfish population is critically low

(<35) in Crystal Spring and more

common (approximately 5,500 fish) in

Hiko Spring. The principle causes of

decline for these species are habitat

modification and nonnative fish

introductions. Critical habitat has been

designated for the two subspecies of

springfish. Ninety-five percent of the

habitats occupied by these species are

on private lands. Recovery of these

species will require removal and/or

control of nonnative fishes, and

restoration and protection of occupied

habitats developed in cooperation with

local landowners.

Public Comments Solicited

The Service solicits any and all

additional written comments on the

recovery plan described. All comments

received by the date specified will be

considered prior to approval of the plan.

Authority

The authority for this action is section 4(f)

of the Act, 16 U.S.C. 1533(f).

Dated: July 30, 1997.

David L. McMullen,

Acting Regional Director.

[FR Doc. 97–20783 Filed 8–6–97; 8:45 am]

BILLING CODE 4310–55–P

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 Harlequin Duck

(Histrionicus histrionicus) in Eastern

North America as Endangered or

Threatened

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Notice of 90-day petition

finding and initiation of status review.

SUMMARY: The U.S. Fish and Wildlife

Service (Service) announces a 90-day

finding for a petition to list the eastern

North America population of the

harlequin duck (Histrionicus

histrionicus) as an endangered or

threatened species throughout its range

under the Endangered Species Act of

1973, as amended. The Service finds

that the petition presents substantial

scientific or commercial information

indicating that listing the population

may be warranted. The Service is

initiating a status review to determine if

listing the population is warranted.

DATES: The finding announced in this

document was made on July 31, 1997.

To be considered in the 12-month

finding for this petition, information

and comments should be submitted to

the Service by October 6, 1997.

ADDRESSES: Information, comments, or

questions concerning this petition

should be submitted to the Field

Supervisor, New England Field Office,

U.S. Fish and Wildlife Service, 22

Bridge Street, Concord, New Hampshire

03301–4986. The petition finding,

supporting data, and comments are

available for public inspection, by

appointment, during normal business

hours at the above address.
42474 Federal Register / Vol. 62, No. 152 / Thursday, August 7, 1997 / Proposed Rules

FOR FURTHER INFORMATION CONTACT:

Linda Welch at the Maine Field Office,

U.S. Fish and Wildlife Service, 1033

South Main Street, Old Town, Maine

04468 (telephone 207/827–5938).

SUPPLEMENTARY INFORMATION:

Background

Section 4(b)(3)(A) of the Endangered

Species Act of 1973, as amended (Act)

(16 U.S.C. 1531 et seq.), requires that the

Service make a finding on whether a

petition to list, delist, or reclassify a

species presents substantial scientific or

commercial information to demonstrate

that the petitioned action may be

warranted. This finding is to be based

on all information available to the

Service at the time the finding is made.

To the maximum extent practicable, this

finding is to be made within 90 days of

receipt of the petition, and the finding

is to be published promptly in the

Federal Register. If the finding is that

substantial information was presented,

the Service also is required to promptly

commence a review of the status of the

species if one has not already been

initiated under the Service’s internal

candidate assessment process.

The Service has made a 90-day

finding on a petition to list the eastern

North America population of the

harlequin duck (Histrionicus

histrionicus) as endangered or

threatened. The petition, dated

September 21, 1995, was submitted by

the Northern Rockies Biodiversity

Project, Whitefish, Montana and by the

Biodiversity Legal Foundation, Boulder,

Colorado and was received by the

Service on September 25, 1995.

When it received the petition the

Service was under a moratorium on

listing actions as a result of the passage

of Public Law 104–6, which, along with

a series of continuing budget

resolutions, eliminated the Service’s

endangered species listing budget

through April, 1996. This suspension of

the listing program prohibited the

Service from processing the petition to

list the eastern North America

population of the harlequin duck. In

addition, the moratorium resulted in a

substantial backlog of listing actions,

which prompted the Service to issue

guidance instituting a biological

priority-based system for reducing the

listing backlog. This system placed

emergency listings and finalization of

proposed rules to list species ahead of

petition findings (61 FR 64475). For

these reasons, this 90-day finding was

made well over 90 days after the

petition was received.

The petitioners contend that the

eastern North America population of the

harlequin duck has undergone a

precipitous decline, that there are a

number of threats to the population

which will cause further declines, and

that, therefore, urgent protective

measures are necessary. Anecdotal

historical observations cited in the

petition and in the more recent

published literature suggest that the

species may have undergone a

precipitous decline in the late 1800’s

and early 1900’s and that a somewhat

less precipitous decline has continued

through the present time. The

petitioners described possible threats to

the population that are present

throughout all or a significant portion of

its range, including, but not limited to,

oil pollution and spills, land use

practices, illegal hunting, and

hydropower development. The

petitioners also discussed the

population’s vulnerability to

demographic factors and loss of genetic

diversity due to the low numbers of

individuals.

The Service has reviewed the petition,

the literature cited in the petition,

information in the Service’s files,

information submitted by State wildlife

agencies and other knowledgeable

individuals, and all other currently

available information. On the basis of

the best scientific and commercial

information available, the Service finds

that the petition presents substantial

information that listing this population

may be warranted.

Listing Factors and Basis for

Determination

A species can be determined to be

endangered or threatened due to one or

more of five factors described in section

4(a)(1) of the Act. These five factors are:

(1) Present or threatened destruction,

modification, or curtailment of its

habitat or range; (2) overutilization for

commercial, recreational, scientific, or

educational purposes; (3) disease or

predation; (4) inadequacy of existing

regulatory mechanisms; or (5) other

natural or manmade factors affecting its

continued existence. The Service has

found that there is substantial

information indicating that listing the

eastern North America population of the

harlequin duck as endangered or

threatened may be warranted due to one

or more of these five factors.

In reviewing the information, the

Service found that—(1) There is

substantial information to show that

numbers of the Harlequin ducks in the

eastern population have declined in the

past and a lesser level of decline may be

continuing; (2) there is substantial

information that shows that oil spills

have occured and could occur in the

future causing adverse impacts on the

population’s wintering areas.

Information Solicited

When it makes a finding that

substantial information exists to

indicate that listing a species may be

warranted, the Service is also required

to promptly commence a review of the

status of the species. The Service is

soliciting additional information

concerning the following: (1) Whether

the eastern North America population of

the harlequin duck is distinct from the

Pacific, Greenland, and Iceland

populations; (2) the size and

distribution of the eastern North

America population; (3) the status and

trends of breeding and wintering groups

of the eastern North America

population; and (4) whether or not the

eastern North America population is

endangered or threatened based on the

listing criteria described in section

4(a)(1) of the Act.

Author

The primary author of this document

is Debbie Mignogno, U.S. Fish and

Wildlife Service, 300 Westgate Center

Drive, Hadley, Massachusetts 01035–

9589.

Authority

The authority for this action is the

Endangered Species Act (16 U.S.C. 1531

et seq.).

List of Subjects in 50 CFR Part 17

Endangered and threatened species,

Exports, Imports, Reporting and

recordkeeping requirements,

Transportation.

Dated: July 31, 1997.

Jay L. Gerst,

Acting Director, U.S. Fish and Wildlife

Service.

[FR Doc. 97–20672 Filed 8–6–97; 8:45 am]

BILLING CODE 4310–55–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 600

[Docket No. 970728182–7182–01; I.D.

071697A]

RIN 0648–AG16

Magnuson-Stevens Act Provisions;

Financial Disclosure

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.