Endangered and Threatened Species; Delta Smelt and Sacramento Splittail; Water Quality Standards for Sacramento River, San Joaquin River, and San Francisco Bay and Delta

DEPARTMENT OF THE INTERIOR

50 CFR Part 17

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 131

Endangered and Threatened Species; Delta Smelt and Sacramento

Splittail; Water Quality Standards for Sacramento River, San Joaquin

River, and San Francisco Bay and Delta

AGENCIES: Environmental Protection Agency and Fish and Wildlife

Service, Interior.

ACTION: Proposed rules; notice of public hearings and extension of

public comment periods.

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SUMMARY: The U.S. Fish and Wildlife Service (Service), under the

Endangered Species Act of 1973, as amended (Act), and the Environmental

Protection Agency (EPA), under section 303 of the Clean Water Act, give

notice that joint public hearings will be held in California for the

revised proposed critical habitat determination for the delta smelt

(Hypomesus transpacificus), the proposed threatened status for the

Sacramento splittail (Pogonichthys macrolepidotus), and the proposed

water quality standards for surface waters of the Sacramento River, San

Joaquin River, and San Francisco Bay and Delta, California. The comment

periods for the Service's proposed rules for the delta smelt and the

Sacramento splittail will be extended.

DATES: The comment period for the Service's proposals is extended until

March 11, 1994. EPA's closing date for public comments remains March

11, 1994. Four joint public hearings for the three proposals will be

held on the following dates: (1) February 23, 1994, from 1 p.m. to 4

p.m. and from 6 p.m. to 8 p.m. in Fresno, California; (2) February 24,

1994, from 1 p.m. to 4 p.m. and from 6 p.m. to 8 p.m. in Sacramento,

California; (3) February 25, 1994, from 3 p.m. to 7 p.m. in San

Francisco, California; and (4) February 28, 1994, from 9 a.m. to 12

noon and from 6 p.m. to 8 p.m. in Irvine, California.

ADDRESSES: The joint Fish and Wildlife Service and Environmental

Protection Agency public hearings will be held at the following

locations: (1) Holiday Inn Center Plaza, 2233 Ventura Avenue, Fresno,

California; (2) Expo Inn, 1413 Howe Avenue, Sacramento, California; (3)

EPA Regional Office, 75 Hawthorne Street, San Francisco, California;

and (4) City of Irvine City Hall, 1 Civic Center Plaza, Irvine,

California.

Written comments and materials relating to proposed Service actions

should be sent directly to the Field Supervisor, U.S. Fish and Wildlife

Service, Sacramento Field Office, 2800 Cottage Way, room E-1803,

Sacramento, California 95825-1846. Written comments and materials

relating to the proposed EPA action should be sent directly to the Bay/

Delta Program Manager, Water Quality Standards Branch, W-3, Water

Management Division, Environmental Protection Agency, 75 Hawthorne

Street, San Francisco, California 94105. Comments and materials

received will be available for public inspection during normal business

hours, by appointment, at the above addresses.

FOR FURTHER INFORMATION CONTACT:

Dale Pierce, Fish and Wildlife Service, Sacramento Field Office (see

ADDRESSES section) at 916/978- 4613 or Susan Hatfield, Environmental

Protection Agency (see ADDRESSES section) at 415/744-1991.

SUPPLEMENTARY INFORMATION:

Background

The three proposals being addressed at the public hearings are

components of a coordinated Federal interagency initiative responding

to water management issues in the San Francisco Bay and Delta. EPA and

the Service are working closely together and with the National Marine

Fisheries Service and the U.S. Bureau of Reclamation to develop a

comprehensive, habitat-oriented approach to water and fish and wildlife

resource management issues in California.

Critical habitat designation for the federally listed threatened

delta smelt would provide additional protection under section 7 of the

Act with regard to activities that require Federal agency action. As

required by section 4 of the Act, the Service will consider economic

and other relevant impacts prior to making a final decision on the size

and configuration of critical habitat.

Sacramento splittail occur in Suisun Bay and the San Francisco Bay-

Sacramento-San Joaquin River Estuary in California. The Sacramento

splittail has declined by 62 percent over the last 15 years. This

species is primarily threatened by large freshwater exports from

Sacramento and San Joaquin River diversions, prolonged drought, loss of

shallow water habitat, introduced aquatic species, and agricultural and

industrial chemicals.

EPA has proposed a rule to establish three sets of Federal criteria

to protect the designated uses of the San Francisco Bay-Sacramento-San

Joaquin Delta Estuary. The three sets include: (1) Salinity criteria

protecting the estuarine habitat and other designated fish and wildlife

uses; (2) salinity criteria (measured in electrical conductivity) to

protect the fish spawning (striped bass) designated use in the lower

San Joaquin River; and (3) salmon smolt survival index criteria to

protect the fish migration and cold freshwater habitat designated uses

in the estuary.

The hearings and the extension of the comment periods will allow

all interested parties to submit oral or written comments on the three

related proposals. The three proposed rules were published in the

Federal Register on January 6, 1994 (delta smelt (59 FR 852),

Sacramento splittail (59 FR 862), and EPA water quality standards (59

FR 810)).

In the January 6, 1994, Federal Register notice for the proposed

water quality standards, EPA published its intent to hold public

hearings during the week of February 21, 1994, in Fresno, California;

Sacramento, California; and San Francisco, California. After further

consideration, it was decided to add a fourth hearing in the Los

Angeles, California area in order to expand the public's opportunity to

comment on these proposals.

Subsection 4(b)(5)(E) of the Endangered Species Act, as amended (16

U.S.C. 1531 et seq.), requires that the Service hold a public hearing,

if it is requested within 45 days of the publication of a proposed

rule. In anticipation of public hearing requests, the Service announces

a joint effort with EPA to hold four public hearings in California on

three related components of an interagency plan that addresses

management of water and fish and wildlife resources in the California

estuary.

The Service and EPA have jointly scheduled four public hearings:

(1) February 23, 1994, from 1 p.m. to 4 p.m. and from 6 p.m. to 8 p.m.

at the Holiday Inn Center Plaza, 2233 Ventura Avenue, Fresno,

California; (2) February 24, 1994, from 1 p.m. to 4 p.m. and from 6

p.m. to 8 p.m. at the Expo Inn, 1413 Howe Avenue, Sacramento,

California; (3) February 25, 1994, from 3 p.m. to 7 p.m. at the EPA

Regional Office, 75 Hawthorne Street, San Francisco, California; and

(4) February 28, 1994, from 9 a.m. to 12 noon and from 6 p.m. to 8 p.m.

at the Irvine City Hall, 1 Civic Center Plaza, Irvine, California.

Those parties wishing to make statements for the record should

bring copies of their statements to present to EPA and the Service at

the start of the hearings. Oral statements may be limited in length if

the number of parties present at the hearings necessitates such a

limitation. There are, however, no limits to the length of written

comments or materials presented at the hearing or mailed to the

respective agencies. Written comments carry the same weight as oral

comments.

EPA's January 6, 1994, notice set the due date for all written

comments related to their proposed rule for March 11, 1994. The comment

periods on the two Service proposed rules are extended to March 11,

1994. Written comments should be submitted to EPA or the Service at

their respective offices given above in the ADDRESSES section.

Author

The primary author of this notice is Jackie Campbell, U.S. Fish and

Wildlife Service, Ecological Services, 911 NE. 11th Avenue, Portland,

Oregon 97232-4181 (503/231-6131).

Authority

The authority for this action is the Endangered Species Act (16

U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C. 4201-4245; Public Law

99-625, 100 Stat. 3500; unless otherwise noted).

List of Subjects in 50 CFR Part 17

Endangered and threatened species, Exports, Imports, Reporting and

recordkeeping requirements, Transportation.

Dated: January 14, 1994.

Marvin L. Plenert,

Regional Director, Region 1, Fish and Wildlife Service.

Dated: January 13, 1994.

Carl C. Kohnert, Jr.,

Acting Regional Administrator, Region IX, Environmental Protection

Agency.

[FR Doc. 94-1539 Filed 1-26-94; 8:45 am]

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