[Federal Register Volume 60, Number 11 (Wednesday, January 18, 1995)]
[Proposed Rules]
[Pages 3613-3615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1175]



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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17


Endangered and Threatened Wildlife and Plants; Notice of 90-day 
Finding on the Petition To List the Sturgeon Chub and Sicklefin Chub as 
Endangered

agency: Fish and Wildlife Service, Interior.

action: Notice of 90-day petition finding.

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summary: The U.S. Fish and Wildlife Service (Service) announces a 90-
day finding for a petition to list the sturgeon [[Page 3614]] chub 
(Macrhybopsis gelida) and sicklefin chub (Macrhybopsis meeki) as 
endangered under the Endangered Species Act of 1973, as amended. The 
Service finds that with the petition and additional available 
information there is substantial information provided to indicate that 
listing the two species as endangered may be warranted.

dates: The finding announced in this document was made on December 29, 
1994. To be considered in the 12-month finding for this petition, 
information and comments should be submitted to the Service by April 
18, 1995.

addresses: Data, information, comments, or questions concerning this 
petition should be submitted to the Field Supervisor, U.S. Fish and 
Wildlife Service, 1500 East Capitol Avenue, Bismarck, North Dakota 
58501. The petition finding, supporting data, and comments are 
available for public inspection, but appointment, during normal 
business hours, at the above address.

for further information contact: Mark Dryer, biologist, at the above 
address or telephone (701) 250-4491.

SUPPLEMENTARY INFORMATION:

Background

    Section 4(b)(3)(A) of the Endangered Species Act (Act) of 1973, as 
amended (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 the date the petition was received, and a 
notice regarding 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 involved if one has not already been initiated 
under the Service's internal candidate assessment process.
    The Service initiated a status review for the sturgeon chub 
(Macrhybopsis gelida) and sicklefin chub (Macrhybopsis meeki) when it 
categorized the two species as category 2 candidate species in the 1991 
Animal Notice of Review (56 FR 58804). This notice meets the 
requirement that a notice be published for a 90-day finding made 
earlier for the petition discussed below.
    On August 8, 1994, the Service received a petition dated August 4, 
1994, that was submitted by the Environmental Defense Fund and was 
jointly signed by American Rivers, Mni Sose Intertribal Water Rights 
Coalition, National Audubon Society, and Nebraska Audubon Council to 
list the sturgeon chub and sicklefin chub as endangered pursuant to the 
Act. The petitioners assert that the sturgeon chub and sicklefin chub 
populations should be listed as endangered species because of the 
species' inability to adapt to human-induced alterations of the 
Missouri River. They indicate that sturgeon chub and sicklefin chub are 
physically adapted through evolution to live in a turbid, swift flowing 
river. Alterations described by the petitioner include impoundments, 
channelization, and removal of snags. The petitioners indicate that 
those alterations have detrimentally impacted the fishes' spawning and 
feeding habitat by changing the natural hydrograph and water 
temperatures, short-stopping movement of sediment which reduced 
turbidity, and reducing the amount of organic matter in the Missouri 
River (Hesse 1994).
    The sturgeon chub and sicklefin chub are both endemic to the 
mainstem and large tributaries of the Missouri River and Mississippi 
River. The sicklefin chub has historically been located in 13 States--
Arkansas, Illinois, Iowa, Kansas, Kentucky, Louisiana, Mississippi, 
Missouri, Montana, Nebraska, North Dakota, South Dakota, and Tennessee. 
Current populations have only been recorded in the States of Missouri, 
Nebraska, Montana, and North Dakota (USFWS 1993b). The sturgeon chub 
has historically been located in the above 13 States plus Wyoming. 
Current populations have only been recorded in States of Missouri, 
Montana, Nebraska, North Dakota, and Wyoming (USFWS 1993a).

Listing Factors

    The following is a summary and discussion of the five listing 
criteria as set forth in section 4(a)(1) of the Act and regulations (50 
CFR Part 424) promulgated to implement the listing provisions of the 
Act and their applicability to the current status of the sturgeon chub 
and sicklefin chub.
    A. The present or threatened destruction, modification, or 
curtailment of the species habitat or range. Water development projects 
have impacted sturgeon chub and sicklefin chub populations as described 
by the petitioners. Reservoirs flooded river habitat, altered 
temperature and flow regimes, and reduced sediment transport and 
turbidity. Dams fragmented populations and restricted movement. 
Channelization straightened and narrowed river habitat, reduced habitat 
diversity, and reduced overbank flooding. Pollution and water depletion 
from industry and agriculture may have altered water quality. Sand and 
gravel extraction operations have removed habitat and restricted fish 
movement in some areas.
    Future water depletions are likely to result from energy 
developments in the Upper Missouri River Basin. Other water demands may 
result from interbasin diversions and increased municipal, industrial, 
and irrigation usage. Dredging for channel maintenance and sand/gravel 
extraction will continue in new areas.
    B. Overutilization for commercial, sporting, scientific, or 
educational purposes. None known. However, removal of individuals from 
the wild could have and may continue to be occurring from harvest of 
bait fish.
    C. Disease or predation. No diseases are currently known to 
threaten the species. Predation has likely increased over historic 
levels due to stockings of piscivorous fish into the reservoirs and 
remaining riverine sections. Future introductions of nonnative fish and 
other organisms may threaten sturgeon chub and sicklefin chub through 
predation.
    D. Inadequacy of existing regulatory mechanisms. Federal Category 1 
candidate species status provides no legal protection for the species. 
Sturgeon chub are classified as either threatened or endangered by 
Kansas and South Dakota and as a species of special concern by 
Kentucky, Missouri, Montana, Nebraska, North Dakota, Wyoming, and 
Tennessee. There is no classification on sturgeon chub by Arkansas, 
Iowa, Illinois, Louisiana, and Mississippi. Sicklefin chub are 
classified as either threatened or endangered by Kansas and South 
Dakota and as a species concern by Kentucky, Missouri, Montana, 
Nebraska, North Dakota, and Tennessee. There is no classification on 
sicklefin chub by Arkansas, Iowa, Illinois, Louisiana, and Mississippi.
    E. Other natural or manmade mechanisms. Severe drought in the early 
1990's may have eliminated sturgeon chub from some Missouri River 
tributaries and may reoccur and impact additional tributary 
populations. Sturgeon chub populations in the mainstem Missouri River 
may be too small and too widespread to naturally recolonize these 
tributaries even though suitable habitat may still exist in them. 
Tributaries that now flow into reservoirs may never naturally 
recolonize. Similar impacts may have occurred to sicklefin 
[[Page 3615]] chub populations, but it has been reported (USFWS 1993a, 
1993b).
    Pressures on both species likely resulted from the competition 
created by stocking large numbers of numerous species of nonnative fish 
into reservoirs that were created and the remaining riverine sections 
of historical habitat. This perceived competition is likely still 
occurring and will continue in the future.

Finding

    The Service has reviewed the petition, as well as other available 
information, published and unpublished studies and reports, and agency 
files. On the basis of the best scientific and commercial information 
available, the Service finds that there is sufficient information to 
indicate that the petitioned action may be warranted. The Service 
believes that the reduced distribution of the two chubs is due mainly 
to the destruction and modification of habitat and predation and 
competition from nonnative fish as described above under the listing 
factors.
    The Service's 90-day finding contains more detailed information 
regarding the above decisions. A copy may be obtained from the 
Service's Bismarck Office (see ADDRESSES above).

References Cited

Hesse, L.W. 1994. The status of Nebraska fishes in the Missouri 
River, selected chubs and minnows: sicklefin chub, sturgeon chub, 
flathead chub, silver chub, speckled chub, plains minnow, and 
Western silvery minnow. Transactions of the Nebraska Academy of 
Sciences, Vol. 21, in print.
U.S. Fish and Wildlife Service (USFWS). 1993a. Status report on 
sicklefin chub (Macrhybopsis meeki), a candidate endangered species. 
U.S. Fish and Wildlife Service, Bismarck, North Dakota. 41 pp.
U.S. Fish and Wildlife Service (USFWS). 1993b. Status report on 
sturgeon chub (Macrhybopsis gelida), a candidate endangered species. 
U.S. Fish and Wildlife Service, Bismarck, North Dakota. 58 pp.

    Author: This document was prepared by Mark Dryer (see ADDRESSES 
section).

    Authority: The authority for this action is the Endangered 
Species Act of 1973 (16 U.S.C. 1531-1544 et seq.).

    Dated: December 29, 1994.
Mollie H. Beattie,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 95-1175 Filed 1-17-95; 8:45 am]
BILLING CODE 4310-55-M