`[Federal Register Volume 60, Number 6 (Tuesday, January 10, 1995)]
[Proposed Rules]
[Pages 2638-2639]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-523]




[[Page 2637]]

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Part IV





Department of the Interior





_______________________________________________________________________



Fish and Wildlife Service



_______________________________________________________________________



50 CFR Part 17



Endangered and Threatened Wildlife and Plants; 6-Month Extension and 
Reopening of Comment Period on the Proposed Rule to List the Sacramento 
Splittail as Threatened; Proposed Rule

  Federal Register / Vol. 60, No. 6 / Tuesday, January 10, 1995 / 
Proposed Rules   
[[Page 2638]]

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17


Endangered and Threatened Wildlife and Plants; 6-Month Extension 
and Reopening of Comment Period on the Proposed Rule to List the 
Sacramento Splittail as Threatened

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of 6-month extension and reopening of comment period on 
proposed rule.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) extends for not 
more than 6 months the time to make a decision on its proposal to list 
the Sacramento splittail (Pogonichthys macrolepidotus). On January 6, 
1994, the Service published a proposal to list the Sacramento splittail 
as a threatened species pursuant to the Endangered Species Act, as 
amended (Act). The Act requires the Service to make a final 
determination on such a proposal within 12 months, but provides for a 
6-month extension if substantial disagreement exists regarding the 
sufficiency or accuracy of the available data relevant to that 
determination. The Service finds that there is substantial disagreement 
regarding sufficiency or accuracy of the available data and, therefore, 
extends the deadline with respect to the decision to list the species.

DATES: The deadline for final action on the proposal is now July 6, 
1995. The public comment period is reopened for 45 days and comments 
must be received by February 24, 1995.

ADDRESSES: Comments and materials should be submitted to the U.S. Fish 
and Wildlife Service, Sacramento Field Office, 2800 Cottage Way, E-
1803, Sacramento, California 95825-1846.

FOR FURTHER INFORMATION CONTACT: Dr. Lesa Meng at the address listed 
above (telephone (916) 979-2725 or facsimile (916) 979-2723).

SUPPLEMENTARY INFORMATION:

Background

    Sacramento splittail (Pogonichthys macrolepidotus), the only extant 
species in its genus, is a large cyprinid that can exceed 40 
centimeters (16 inches) in length (Moyle 1976). Adults are 
characterized by an elongated body, distinct nuchal hump, and small, 
blunt head, usually with barbels at the corners of the subterminal 
mouth. The enlarged dorsal lobe of the caudal fin distinguishes the 
splittail from other minnows in the Central Valley of California. 
Splittail are dull, silvery-gold on the sides and olive-gray dorsally. 
During spawning season, pectoral, pelvic, and caudal fins are tinged 
with an orange-red color. Males develop small white nuptial tubercles 
on the head.
    Splittail are endemic to California's Central Valley, where they 
were once widely distributed (Moyle 1976). Historically, splittail were 
found as far north as Redding on the Sacramento River, as far south as 
the present-day site of Friant Dam on the San Joaquin River, and as far 
upstream as the current Oroville Dam site on the Feather River and 
Folsom Dam site on the American River (Rutter 1908). Recreational 
anglers in Sacramento reported catches of 50 or more splittail per day 
prior to damming of these rivers (Caywood 1974). The species was used 
as part of the Central Valley Native American diet (Caywood 1974).
    In recent times, dams and diversions have increasingly prevented 
upstream access to large rivers, and the species is now apparently 
restricted to a small portion of its former range (Moyle and Yoshiyama 
1992). Splittail enter the lower reaches of the Feather (Jones and 
Stokes 1993) and American Rivers (Charles Hanson, State Water 
Contractors, in litt., 1993) on occasion; however, the species now is 
largely confined to the Delta, Suisun Bay, Suisun Marsh, and Napa 
Marsh. The ``Delta'' refers to all tidal waters contained within the 
legal definition of the San Francisco Bay-Sacramento-San Joaquin River 
Delta, as delineated by section 12220 of the State of California's 
Water Code of 1969. Generally, the Delta is contained within a 
triangular area that extends south from the City of Sacramento to the 
confluence of the Stanislaus and San Joaquin Rivers at the southeast 
corner and Chipps Island in Suisun Bay.
    In recent years, splittail have been found most often in slow 
moving sections of rivers and sloughs and dead-end sloughs (Moyle et 
al. 1982, Daniels and Moyle 1983). Reports from the 1950s, however, 
mention Sacramento River spawning migrations and catches of splittail 
during fast tides in Suisun Bay (Caywood 1974). California Department 
of Fish and Game survey data from the last 15 years indicate that the 
highest catches occurred in shallow areas of Suisun and Grizzly Bays. 
Because they require flooded vegetation for spawning and rearing, 
splittail are frequently found in areas subject to flooding. 
Historically, major flood basins, distributed throughout the Sacramento 
and San Joaquin Valleys, provided spawning and rearing habitat. These 
flood basins have all be reclaimed or modified into flood control 
structures (bypasses). Although primarily a freshwater species, 
splittail can tolerate salinities as high as 10 to 18 parts per 
thousand (Moyle 1976, Moyle and Yoshiyama 1992).
    Section 4(b)(6) of the Act requires the Service to take one of 
three alternative actions within 1 year of a listing proposal: (1) 
Publish a final regulation listing the species, (2) publish a notice 
that the listing proposal is being withdrawn, or (3) publish a notice 
that the 1-year time period is being extended under section 
4(b)(6)(B)(i). That section as implemented by regulation at 50 CFR 
424.17(a)(1)(iv), provides that the Service may extend the 1-year 
period for not more than 6 months because there is ``substantial 
disagreement among scientists knowledgeable about the species concerned 
regarding the sufficiency or accuracy of the available data relevant to 
the determination.''
    On August 3 and 31, 1994, the State Water Contractors and Central 
Valley Project Water Association, respectively, wrote the Service 
requesting a 6-month extension alleging scientific disagreement with 
the listing proposal. Additionally, in a letter dated September 8, 
1994, from the Secretary of the Resources Agency, the State requested 
more time for the Service to consider information developed for the 
Biological Assessment for the Central Valley Project/State Water 
Project operations and for the California Department of Fish and Game 
to complete a survey of splittail distribution and abundance. The 
survey was conducted to determine whether a resident splittail 
population occurred outside the Suisun Bay-Delta region. The State's 
letter stated that completed study results would be available to the 
Service in January 1995.
    The Service finds that there is substantial disagreement regarding 
the possibility of a resident splittail population upstream of the 
Delta. Such a population would significantly expand the range of the 
splittail reported in the proposed rule. As a result, the Service 
extends until July 6, 1995, the period within which to make a final 
listing determination on this species. This extension will enable the 
Service to receive and analyze the State's final study results 
scheduled for release in January 1995. In addition, the Service 
solicits additional data regarding the status of the Sacramento 
splittail upstream of the Delta until February 24, 1995.
[[Page 2639]]

References

Caywood, M.L. 1974. Contributions to the life history of the splittail 
Pogonichthys macrolepidotus (Ayres). M.S. Thesis. California State 
University, Sacramento.
Daniels, R.A., and P.B. Moyle. 1983. Life history of the splittail 
(Cyprinidae: Pogonichthys macrolepidotus) in the Sacramento-San Joaquin 
estuary. Fish. Bull. 84:105-117.
Jones and Stokes Assoc., Inc. 1993. Sutter Bypass fisheries technical 
memorandum II: Potential entrapment of juvenile chinook salmon in the 
proposed gravel mining pond. May 27, 1993. (JSA 91-272). Sacramento, 
California. Prepared for Teichert Aggregates, Sacramento, California. 
31 pp + Appendix.
Moyle, P.B. 1976. Inland Fishes of California. University of California 
Press, Berkeley, California. 405 pp.
Moyle, P.B., J.J. Smith, R.A. Daniels, and D.M. Baltz. 1982. 
Distribution and ecology of stream fishes of the Sacramento-San Joaquin 
Drainage System, California: A review. Univ. Calif. Publ. Zool. 
115:225-256.
Moyle, P.B., and R.M. Yoshiyama. 1992. Fishes, aquatic diversity 
management areas, and endangered species: A plan to protect 
California's native aquatic biota. Draft report prepared for California 
Policy Seminar, Univ. of Calif., Berkeley, California. July 1992. 196 
pp.
Rutter, C. 1908. The fishes of the Sacramento-San Joaquin basin, with a 
study of their distribution and variation. U.S. Bur. Fish. Bull. 
27:103-152.

Authority

    The authority for this action is the Endangered Species Act of 
1973, as amended (16 U.S.C. 1531 et seq.)

    Dated: January 3, 1995.
Mollie H. Beattie,
Director, Fish and Wildlife Service.
[FR Doc. 95-523 Filed 1-9-95; 8:45 am]
BILLING CODE 4310-55-M`