Federal Register / Vol. 62, No. 57 / Tuesday, March 25, 1997 / Proposed Rules 14101

habitat requirements and preferences

(e.g., preferential use, daily routines,

night activities, site fidelity);

(6) Biological or physical elements

that best describe Preble’s habitat, that

could be considered critical for the

conservation of the species (e.g.,

colonies, hibernation, vegetation, food,

topography);

(7) Possible alternative recreational,

grazing, or farming practices that will

reduce or eliminate the take of Preble’s

or their habitats (e.g., moderate grazing

regimes); and,

(8) Other management strategies that

will conserve the species throughout its

range.

Final promulgation of the regulations

on this species will take into

consideration the comments and any

additional information received by the

Service, and such communications may

lead to a final regulation that differs

from this proposal.

The Act provides for one or more

public hearings on this proposal, if

requested. Requests must be received

within 45 days of the date of publication

of the proposal in the Federal Register.

Such requests must be made in writing

and addressed to the Colorado Field

Supervisor, see ADDRESSES section.

National Environmental Policy Act

The Service has determined that

Environmental Assessments and

Environmental Impact Statements, as

defined under the authority of the

National Environmental Policy Act of

1969, need not be prepared in

connection with regulations adopted

pursuant to section 4(a) of the Act. A

notice outlining the Service’s reasons

for this determination was published in

the Federal Register on October 25,

1983 (48 FR 49244).

Required Determinations

The Service has examined this

regulation under the Paperwork

Reduction Act of 1995 and found it to

contain no information collection

requirements. This rulemaking was not

subject to review by the Office of

Management and Budget under

Executive Order 12866.

References Cited

A complete list of all references cited

is available upon request from the

Colorado Field Office (see ADDRESSES

above).

Author

The primary author of this document

is Peter Plage of the Colorado Field

Office (see ADDRESSES section).

List of Subjects in 50 CFR Part 17

Endangered and threatened species,

Exports, Imports, Reporting and

recordkeeping requirements, and

Transportation.

Proposed Regulation Promulgation

Accordingly, the Service hereby

proposes to amend part 17, subchapter

B of chapter I, title 50 of the Code of

Federal Regulations, as set forth below:

PART 17—[AMENDED]

1. The authority citation for part 17

continues to read as follows:

Authority: 16 U.S.C. 1361–1407; 16 U.S.C.

1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99–

625, 100 Stat. 3500, unless otherwise noted.

2. It is proposed to amend § 17.11(h)

by adding the following, in alphabetical

order under Mammals, to the List of

Endangered and Threatened Wildlife to

read as follows:

§ 17.11 Endangered and threatened

wildlife.

* * * * *

(h) * * *

Species

Historic range

Vertebrate population

where endangered or

threatened

Status When

listed

Critical

habitat

Special

rules Common name Scientific name

MAMMALS

* * * * * * *

Mouse, Preble’s

meadow jumping.

Zapus hudsonius

preblei.

U.S.A. (CO, WY) ........ ......do ......................... E ................ NA NA

* * * * * * *

Dated: March 7, 1997.

John G. Rogers,

Acting Director, Fish and Wildlife Service.

[FR Doc. 97–7428 Filed 3–24–97; 8:45 am]

BILLING CODE 4310–55–P

50 CFR Part 17

RIN 1018–AA98

Endangered and Threatened Wildlife

and Plants; Notice of Reopening of

Comment Period on Reports and Other

Data Pertaining to the Listing of the

Bruneau Hot Springsnail

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Notice of reopening of public

comment period.

SUMMARY: The U.S. Fish and Wildlife

Service (Service) gives notice that the

comment period on reports and other

data pertaining to the listing of the

Bruneau hot springsnail (Pyrgulopsis

bruneauensis) is reopened for an

additional 75 days. A notice of

availability that opened the original

public comment period was published

on September 12, 1995 (60 FR 47339).

The Service extended the comment

period until December 15, 1995, in a

notice published on November 13, 1995

(60 FR 56976). The Service reopened the

comment period in a notice published

on January 23, 1997 (62 FR 3493).

Because of requests from the High

Desert Coalition, Inc., Bruneau Valley

Coalition, and Quey Johns, the Service

hereby reopens the comment period and

solicits new information and public

comment on all information and data

received since the listing of the species

in 1993.

DATES: The comment period is reopened

until June 9, 1997. Any comments and

materials received by the closing date

will be considered in the final

determination.

ADDRESSES: Comments and materials

concerning the reports and other

information pertaining to the listing of

the Bruneau hot springsnail should be

submitted to the U.S. Fish and Wildlife

Service, Snake River Basin Office, 1387

South Vinnell Way, Room 368, Boise,

Idaho 83709. Reports and other data

cited in this notice, and public

comments and other materials received

will be available for public inspection

during normal business hours at the

above address.
14102 Federal Register / Vol. 62, No. 57 / Tuesday, March 25, 1997 / Proposed Rules

FOR FURTHER INFORMATION CONTACT:

Robert Ruesink, Supervisor, at the

address listed above (telephone 208/

378–5243, facsimile 208/378–5262).

SUPPLEMENTARY INFORMATION:

Background

On January 25, 1993, the Service

published a final rule in the Federal

Register determining the Bruneau hot

springsnail (Pyrgulopsis bruneauensis)

to be an endangered species (58 FR

5946). In its decision to the list the

springsnail the Service relied, in part,

on a provisional draft of a U.S.

Geological Survey (USGS) report

(Berenbrock 1992) analyzing the

hydrology of the geothermal aquifer in

the Bruneau Valley area. The USGS

provided the Service with the draft

report, but did not release it to the

public and requested that the Service

not release the report to the public,

pending agency review and approval.

On May 7, 1993, the Idaho Farm

Bureau Federation, Owyhee County

Farm Bureau, Idaho Cattleman’s

Association, and Owyhee County Board

of Supervisors challenged the listing

decision on several grounds in a lawsuit

filed in United States District Court for

the District of Idaho. The plaintiffs

argued that the Service committed a

number of procedural errors during the

listing process, including not allowing

the public to review the draft USGS

report. On December 14, 1993 the

district court determined that the

Service committed several procedural

errors and set aside the final rule listing

the springsnail as an endangered

species.

The district court decision was

appealed to the United States Court of

Appeals for the Ninth Circuit by two

intervening conservation groups, the

Idaho Conservation League and

Committee for Idaho’s High Desert. On

June 29, 1995 the appellate court

overturned the district court decision

and reinstated the Bruneau hot

springsnail to the endangered species

list. However, the appellate court

concluded that the Service should have

made the draft USGS report (i.e.,

Berenbrock 1992) available for public

review, as the Service relied largely on

this report to support the final listing

rule. The appellate court directed the

Service to provide an opportunity for

public comment on the final USGS

report and to reconsider its listing

decision.

To comply with the court’s direction,

the Service announced that the

Berenbrock (1992) report, and other

reports and data pertaining to the listing

of the springsnail were available for

public comment until November 13,

1995, in a notice published on

September 12, 1995 (60 FR 47339).

Because of a request from Susan E.

Buxton on behalf of her client (John B.

Urquidi, J & J Ranches, Bruneau, Idaho),

the Service extended the public

comment period until December 15,

1995, in a notice published on

November 13, 1995 (60 FR 56976).

Nearly 400 comments were received

from individuals and agencies during

the public comment period.

Because of a moratorium on final

listing actions from April 10, 1995, until

April 26, 1996 (Public Law 104–6), the

Service was unable to comply with the

June 1995 court decision and issue its

reconsidered listing decision. In

anticipation of the end of the

moratorium and after it was lifted, the

Service issued interim guidance on

March 11, 1996 (61 FR 9651), final

guidance for fiscal year 1996 on May 16,

1996 (61 FR 24722), and final guidance

for fiscal year 1997 on December 5, 1996

(61 FR 64475), regarding the setting of

priorities for various listing actions.

These guidance documents focused the

Service’s limited funds on emergency

actions, and final rules for imminently

and highly threatened species, and for

multi-species packages. Consequently,

the Service took no action on the

springsnail during fiscal year 1996.

Though listing priorities now allow the

Service to take final action on this court

decision, it has been over 1 year since

the close of the last public comment

period. As a result, the Service made

available for public review new

information and other data pertaining to

the listing of the Bruneau hot

springsnail received since the close of

the November 13, 1995, comment

period. Because of requests from the

High Desert Coalition, Inc., Bruneau

Valley Coalition, and Quey Johns, the

Service hereby reopens the comment

period and solicits new information and

public comment on all information and

data received since the listing of the

species in 1993.

Available Reports and Data

The following combined list of reports

and letters contained in Service files,

including other non-cited information,

are available for public review:

Berenbrock, C. 1992. Effects of well

discharges on hydraulic heads in and

spring discharges from the geothermal

aquifer system in the Bruneau area,

Owyhee County, southwestern Idaho.

U.S. Geological Survey, WaterResources Investigations, Boise, Idaho.

Preliminary report.

Berenbrock, C. 1993. Effects of well

discharges on hydraulic heads in and

spring discharges from the geothermal

aquifer system in the Bruneau area,

Owyhee County, southwestern Idaho.

U.S. Geological Survey, WaterResources Investigations Report 93–

4001, Boise, Idaho.

Bruneau Valley Coalition, Inc. 1995.

Habitat maintenance and conservation

plan for the Bruneau hot springsnail,

January, 1995. Unpublished plan.

Bruneau Valley Coalition, Inc. 1995.

Proposed amendment to the

‘‘Threatened and Endangered Species’’

section of the Interim Comprehensive

Land Use Plan for the federally and state

managed lands in Owyhee County.

Unpublished amendment.

Idaho Water Resources Research

Institute 1994. Bruneau hot springs

aquifer restoration report: a preproposal.

Unpublished report, University of

Idaho, Moscow, Idaho.

Lee, J. A. 1994. Summary report for

the control survey of the Bruneau hot

springsnail. Unpublished report, Bureau

of Land Management, Boise District

Office, Boise, Idaho.

Mladenka, G. C. 1993. Report on the

1993 Bruneau hot springsnail site

survey. Unpublished report.

Mladenka, G. C. 1995. Bruneau Hot

Springs invertebrate survey.

Unpublished report, Stream Ecology

Center, Idaho State University,

Pocatello, Idaho.

Mladenka, G.C. and G.W. Minshall

1996. Report on the 1996 Bruneau hot

springsnail site survey. Unpublished

report.

Royer, T. V. and G. W. Minshall 1993.

1993 Annual Monitoring Report:

Bruneau hot springsnail (Pyrgulopsis

bruneauensis). Unpublished report,

Stream Ecology Center, Idaho State

University, Pocatello, Idaho.

U.S. Geological Survey 1993.

Unpublished letter addressing error in

estimating natural recharge to

geothermal aquifer system, and status of

Bruneau-area ground water-levels and

spring discharges. Boise, Idaho.

U.S. Geological Survey 1995a.

Unpublished letter summarizing results

of Bruneau-area ground water-level and

spring discharge monitoring data

through December 1994. Boise, Idaho.

U.S. Geological Survey 1995b.

Unpublished letter commenting on

Idaho Water Resources Research

Institute’s report and summarizing

provisional, spring discharge data

collected from June 1994 through July

1995 from three hot springs above Hot

Creek, Idaho.

U. S. Geological Survey 1996a.

Unpublished letter summarizing

Bruneau-area ground water-level and

spring discharge monitoring data
Federal Register / Vol. 62, No. 57 / Tuesday, March 25, 1997 / Proposed Rules 14103

collected through January 1996. Boise,

Idaho.

U.S. Geological Survey 1996b. Annual

report summarizing results of Bruneauarea ground water-level and spring

discharge monitoring through June

1996. Boise, Idaho.

U.S. Geological Survey 1996c. Annual

report summarizing results of Bruneauarea ground water-level and spring

discharge monitoring through

September 1996. Boise, Idaho.

Varricchione, J. T. and G. W. Minshall

1995. 1994 Monitoring Report: Bruneau

hot springsnail (Pyrgulopsis

bruneauensis). Technical Bulletin No.

95–14, Idaho Bureau of Land

Management.

Varricchione, J. T. and G. W. Minshall

1995. Gut content analysis of wild

Gambusia and Tilapia in Hot Creek,

Bruneau, Idaho. Unpublished report,

Idaho State University, Pocatello, Idaho.

Varricchione, J.T. and G. W. Minshall

1996. 1995 Monitoring Report: Bruneau

hot springsnail (Pyrgulopsis

bruneauensis). Idaho Bureau of Land

Management Technical Bulletin No. 96–

8. Stream Ecology Center, Idaho State

University, Pocatello, Idaho.

Authority

The authority for this action is the

Endangered Species Act, as amended

(16 U.S.C. 1531–1544.)

List of Subjects in 50 CFR Part 17

Endangered and threatened species,

Exports, Imports, Reporting and

recordkeeping requirements,

Transportation.

Dated: March 18, 1997.

Thomas J. Dwyer,

Acting Regional Director, Region 1, U.S. Fish

and Wildlife Service.

[FR Doc. 97–7449 Filed 3–24–97; 8:45 am]

BILLING CODE 4310–55–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 648

[I.D. 031497B]

Mid-Atlantic Fishery Management

Council; Public Hearings

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Public hearings; request for

comments.

SUMMARY: The Mid-Atlantic Fishery

Management Council (Council) will

hold public hearings to allow for input

on proposed Amendment 10 to the

Fishery Management Plan for the

Atlantic Surf Clam and Ocean Quahog

Fishery (FMP).

DATES: Written comments will be

accepted until May 2, 1997. The public

hearings will being at 7 p.m. and will be

tape recorded with the tapes filed as the

official transcript of the hearings. The

hearings are scheduled as follows:

1. Tuesday, April 8, 1997, Machias,

ME

2. Wednesday, April 9, 1997,

Ellsworth, ME

3. Monday, April 14, 1997, Cape May

Courthouse, NJ

ADDRESSES: Send comments to: David R.

Keifer, Executive Director, Mid-Atlantic

Fishery Management Council, Room

2115 Federal Building, 300 South New

Street, Dover, DE 19904–6790.

The hearings will be held at the

following locations:

1. Machias—University of Maine

(Science Building, Room 202), 9 O’Brien

Avenue, Machias, ME, telephone 207–

255–1200.

2. Ellsworth—Holiday Inn, 215 High

Street, Ellsworth, ME, telephone 207–

667–9341.

3. Cape May Courthouse—Cape May

Extension Office, Dennisville Road,

Cape May Courthouse, NJ, telephone

609–465–5115.

FOR FURTHER INFORMATION CONTACT:

David R. Keifer, 302-674-2331 (fax 302–

674–5399).

SUPPLEMENTARY INFORMATION: An

individual transferable quota (ITQ)

allocation system for the FMP was

implemented in Amendment 8 (55 FR

24184, June 14, 1990). It was

discovered, about that time, that the

Maine inshore ocean quahog, or

‘‘mahogany quahog,’’ fishery that

occurred on the same species (Arctica

islandica) was moving out of state

waters into the exclusive economic zone

(EEZ). This created quite a problem, in

that the Magnuson Fishery Conservation

and Management Act mandated that ‘‘to

the extent practical, an individual stock

of fish shall be managed as a unit

throughout its range, and interrelated

stocks of fish shall be managed as a unit

or in close coordination’’ (National

Standard 3). The small inshore Maine

mahogany ocean quahog fishery differs

profoundly from the traditional EEZ

ocean quahog fishery that occurs on

Georges Bank and south, because the

mahogany quahogs are harvested at a

much smaller average size by fishermen

on a much smaller scale individually

than in the ocean quahog fishery. The

management tools developed during the

first 20 years of Federal management for

surf clams and ocean quahogs did not fit

the Maine fishery well. In 1990, as a

temporary expedient, it was decided to

declare the Maine ocean quahog fishery

‘‘experimental,’’ pending a better and

permanent solution. Amendment 10 is

intended to provide that solution and

fully integrate the Maine fishery into the

FMP upon the expiration of the

experimental fishery on September 30,

1997. Amendment 10 would create a

separate additional unit of quota (27,611

bushels, or less than 1 percent of the

total EEZ quota) for ocean quahogs

landed in Maine from the EEZ. There

are currently no limitations on entry

into the fishery. Vessel owners and

dealers would have to obtain permits

and comply with all reporting

requirements, as has been done during

the experimental fishery. The principal

intent of Amendment 10 would be to

preserve the artisanal nature of this

fishery with the minimal amount of

Federal intrusion necessary for the

conservation and management of the

fishery. Amendment 10 would also

introduce a voluntary vessel tracking

system (VTS) and would require

mandatory operator permits.

Participants in the Maine ocean

quahog fishery would be required to

comply with the provisions of

Amendment 8 to the FMP, except as

modified by the following proposed

management measures:

1. The Governor of the State of Maine

would receive an allocation for ocean

quahogs landed in Maine from the EEZ.

2. The initial provisional EEZ quota

(27,611 bushels) would be the average of

the first 5 years of the experimental

fishery.

3. The State of Maine would continue

to test for and certify for paralytic

shellfish poisoning (PSP) in the ocean

quahogs landed in its State, whether

from the EEZ or Territorial Sea to ensure

public health.

4. The status of the Maine allocation

would have the same legal status as

ITQs for the remainder of the fishery.

Just as those quota owners may make

any financial arrangements that they see

fit (consistent with governing

regulations) for the harvesting of their

quota, so could the Governor of Maine.

5. The State of Maine would

administer the EEZ quota, except that

no program would exempt participants

from any of the permitting and reporting

requirements specified in Amendment

10 or prior amendments to the FMP.

6. Non-Maine vessels that hold ITQs

for quahogs would not be prohibited

from fishing in the Federal waters off

Maine but, if they choose to land their

catch in Maine, they would be required

to adhere to all State landings laws.