Endangered and Threatened Wildlife and Plants; Determination of Endangered Status for the Tidewater Goby

SUMMARY: The Fish and Wildlife Service (Service) determines endangered

status pursuant to the provisions of the Endangered Species Act of

1973, as amended (Act), for the tidewater goby (Eucyclogobius

newberryi). The tidewater goby is a fish that occurs in tidal streams

associated with coastal wetlands in California. Since 1900, the

tidewater goby has disappeared from nearly 50 percent of the coastal

lagoons within its historic range, including 74 percent of the lagoons

south of Morro Bay in central California. Only three populations

currently exist south of Ventura County. This rule implements the

protection and recovery provisions provided by the Act for the

tidewater goby.

EFFECTIVE DATE: March 7, 1994.

ADDRESSES: The complete file for this rule is available for inspection,

by appointment, during normal business hours at the Ventura Field

Office, U.S. Fish and Wildlife Service, 2140 Eastman Avenue, suite 100,

Ventura, California 93003.

FOR FURTHER INFORMATION CONTACT: Carl Benz at the above address (805/

644-1766).

SUPPLEMENTARY INFORMATION:

Background

The tidewater goby (Eucyclogobius newberryi) is a small fish,

rarely exceeding 50 millimeters (2 inches) standard length, and is

characterized by large pectoral fins and a ventral sucker-like disk

formed by the complete fusion of the pelvic fins. The tidewater goby

was first described as a new species (Gobius newberryi) by Girard

(1856), from specimens collected in the San Francisco Bay area. Based

on Girard's specimens, Gill (1862) reassigned Gobius newberryi to the

newly described genus Eucyclogobius (Eschmeyer 1990).

A member of the family Gobiidae, the tidewater goby is the only

species in the genus Eucyclogobius and is almost unique among fishes

along the Pacific coast of the United States in its restriction to

waters with low salinities in California's coastal wetlands. All life

stages of tidewater gobies are found at the upper end of lagoons in

salinities less than 10 parts per thousand (ppt); however, gobies from

two populations have been collected and reared in slightly higher

salinities (Ramona Swenson, University of California, Berkeley, in

litt. 1993). Although its closest relatives are marine species, the

tidewater goby does not have a marine life history phase. This lack of

a marine phase severely restricts the frequency of genetic exchange

between coastal lagoon populations and significantly lowers the

potential for natural recolonization of a locality once extirpated.

Studies by Crabtree (1985) noted that some populations of gobies have

differentiated genetically, indicating a long period of isolation.

Tidewater gobies have a short lifespan and seem to be an annual species

(Irwin and Stoltz 1984, Swift 1990), further restricting their

potential to recolonize habitats from which they have been extirpated.

The tidewater goby occurs in loose aggregations of a few to several

hundred individuals on the substrate in shallow water less than 1 meter

(3 feet) deep (Swift et al. 1989), although gobies have been observed

at depths of 1.5 to 2.3 meters (4.9 to 7.6 feet) (Dan Holland,

University of Southwestern Louisiana, in litt. 1993). Peak nesting

activities commence in late April through early May, when male gobies

dig a vertical nesting burrow 10 to 20 centimeters (4 to 8 inches) deep

in clean, coarse sand. Suitable water temperatures for nesting are 18

to 22 deg.C (75.6 to 79.6 deg.F) with salinities of 5 to 10 ppt. Male

gobies remain in the burrows to guard eggs, which are hung from the

ceiling and walls of the burrow until hatching. Larval gobies are found

midwater around vegetation until they become benthic (Swift et al.

1989). Although the potential for year round spawning exists, it is

probably unlikely because of seasonal low temperatures and disruptions

of lagoons during winter storms. Ecological studies performed at two

sites documented spawning occurring as early as the first week in

January (Swenson in litt. 1993). Although usually associated with

lagoons, the tidewater goby has been documented in ponded freshwater

habitats as far as 8 kilometers (5 miles) upstream from San Antonio

lagoon in Santa Barbara County (Irwin and Stoltz 1984).

The tidewater goby is discontinuously distributed throughout

California, ranging from Tillas Slough (mouth of the Smith River) in

Del Norte County south to Agua Hedionda Lagoon in San Diego County.

Areas of precipitous coastlines that preclude the formation of lagoons

at stream mouths have created three natural gaps in the distribution of

the goby. Gobies are apparently absent from three sections of the coast

between: (1) Humboldt Bay and Ten Mile River, (2) Point Arena and

Salmon Creek, and (3) Monterey Bay and Arroyo del Oso.

Roughly 10 percent of the coastal lagoons presently containing

populations of tidewater goby are under Federal ownership. Over 40

percent of the remaining populations are either entirely or partly

owned and managed by the State of California. The remainder are

privately owned.

Previous Federal Action

The tidewater goby was first classified by the Service as a

category 2 species in 1982 (47 FR 58454). It was reclassified as a

category 1 candidate in 1991 (56 FR 58804) based on status and threat

information in Swift et al. (1989). Category 2 applies to taxa for

which information now in the possession of the Service indicates that

proposing to list as endangered or threatened is possibly appropriate,

but for which conclusive data on biological vulnerability and threats

are not currently available to support a listing proposal. Category 1

applies to taxa for which the Service has on file substantial

information on biological vulnerability and threats to support

proposals to list them as endangered or threatened species.

On October 24, 1990, the Service received a petition from Dr. Camm

Swift, Associate Curator of Fishes at the Los Angeles Museum of Natural

History, to list the tidewater goby as endangered (Swift 1990). The

petition, status surveys, and accompanying data describe the goby as

threatened because of past and continuing losses of coastal and

riparian habitats within its historic range. The Service's finding that

this petition presented substantial information that the requested

action may be warranted was published on March 22, 1991 (56 FR 12146).

Following this finding, the Service initiated a status review on the

tidewater goby.

Section 4(b)(3)(B) of the Endangered Species Act (Act), as amended

in 1982, requires the Secretary to make a finding within 12 months of

the date a petition is received as to whether or not the requested

action is warranted. On December 11, 1992, the Service published a

proposal to list the tidewater goby as an endangered species (57 FR

58770). The proposed rule constituted the 12-month finding that the

petitioned action was warranted.

Summary of Comments and Recommendations

In the December 11, 1992 proposed rule, all interested parties were

requested to submit factual reports or information that might

contribute to the development of a final determination. Appropriate

Federal and State agencies, county governments, scientific

organizations, and other interested parties were contacted and

requested to comment. Newspaper notices were published in The Los

Angeles Times on January 1, 1993, The San Francisco Sunday Examiner and

Chronicle on January 3, 1993, and The San Diego Union-Tribune on

February 4, 1993. The public comment period ended on February 9, 1993.

A total of 548 comments were received. The Service received one letter

from a Federal agency, three letters from State offices, and five from

city or county agencies. Five hundred and ten of the comments were post

cards from individuals urging support for the listing of the species.

The Service received 29 letters from individuals and private

organizations. Of those, only one expressed an opinion in opposition to

listing the tidewater goby as endangered.

The National Park Service (Santa Monica Mountains National

Recreation Area) stated support for the listing of the tidewater goby

as endangered and suggested locations within the recreation area

boundaries that may be candidates for reintroduction of the species.

The National Park Service also sought assistance from the Service in

determining potential habitat locations on lands not under public

ownership that may be acquired under its land acquisition program.

Three California State agencies offered comments. The Topanga-Las

Virgenes Resource Conservation District, a subdivision of State

government, expressed full support for the listing of the goby. The

California Coastal Commission stated, ``The acute vulnerability of the

tidewater goby to man-induced changes of estuarine habitat makes the

development of comprehensive management strategies and plans, including

development of recovery plans, for this species imperative.'' The

California Department of Fish and Game submitted information pertaining

to a project to reestablish a population of tidewater gobies on Waddell

Creek Lagoon. The population was reintroduced in the fall of 1991 and

subsequently sampled in November 1992. Gobies were reported from three

sites in the lagoon. The Department will continue to obtain information

on that population as it is surveyed.

Five letters of information were received from city or county

agencies. Two of these, one from the County of Santa Barbara Resource

Management Department and one from the City of Santa Cruz, detailed

population occurrences that were already known to the Service. Two

letters from the cities of San Buenaventura and Santa Barbara cited

possible impacts to goby habitat due to proposed or ongoing projects.

These letters listed threats that are discussed under Factor A in the

``Summary of Factors Affecting the Species'' section. The Santa Barbara

County Flood Control and Water Conservation District stated support for

listing, but expressed concerns regarding the designation of critical

habitat.

The Environmental Defense Center identified three issues concerning

the proposed rule.

Issue 1: The critical habitat finding failed to meet the standards

of section 4 of the Endangered Species Act and under Northern Spotted

Owl v. Lujan, 758 F. Supp. 621 (W.D. Wash. 1991).

Service Response: The Service concurs that critical habitat should

be designated for the tidewater goby. Information needed to complete

required economic impact analyses consists of identifying Federal

actions that might be precluded or modified by the destruction/adverse

modification standard but not by the jeopardy standard. Moreover, it

will be necessary to describe how these actions may be modified by

application of the destruction/adverse modification standard. This

information will provide a basis for analyses on the economic effects

of designating critical habitat.

Issue 2: Without critical habitat, the Service lacks jurisdiction

to prevent or modify certain actions affecting the tidewater goby.

Service Response: Although in some cases critical habitat may

provide protection otherwise unavailable through the jeopardy standard,

jurisdiction is available through the jeopardy standard and section 9,

both of which may be aggressively applied to protect listed species.

Issue 3: The Service should at minimum propose the Santa Ynez

estuary as critical habitat now.

Service Response: The Service intends to propose as critical

habitat all tidewater goby habitat that may be essential to the

species' conservation, as opposed to the piecemeal approach advocated

in the recommendation to propose one estuary. In the interim, the Santa

Ynez estuary is owned by the U.S. Air Force, which is subject to the

section 7(a)(1) affirmative conservation mandate and the prohibitions

against jeopardy contained in section 7(a)(2).

Summary of Factors Affecting the Species

After a thorough review and consideration of all information

available, the Service has determined that the tidewater goby should be

classified as an endangered species. Procedures found at section 4 of

the Endangered Species Act (16 U.S.C. 1531 et seq.) and regulations (50

CFR part 424) promulgated to implement the listing provisions of the

Act were followed. A species may be determined to be an endangered or

threatened species due to one or more of the five factors described in

section 4(a)(1). These factors and their application to the tidewater

goby (Eucyclogobius newberryi) are as follows:

A. The present or threatened destruction, modification, or

curtailment of its habitat or range. Coastal development projects that

result in the loss of coastal saltmarsh habitat are currently the major

factor adversely affecting the tidewater goby. Coastal marsh habitats

have been drained and reclaimed for residential and industrial

developments. Waterways have been dredged for navigation and harbors

resulting in permanent and direct losses of wetland habitats, as well

as indirect losses due to associated changes in salinity. Coastal road

construction projects have severed the connection between marshes and

the ocean, resulting in unnatural temperature and salinity profiles

that the tidewater goby cannot tolerate.

Furthermore, upstream water diversions adversely affect the

tidewater goby by altering downstream flows, thereby diminishing the

extent of marsh habitats that occurred historically at the mouths of

most rivers and creeks in California. Alterations of flows upstream of

coastal lagoons have already changed the distribution of downstream

salinity regimes. Since the tidewater goby has relatively narrow

salinity tolerances, changes in salinity distributions due to upstream

water diversions may adversely affect both the size and distribution of

goby populations (D. Holland, Univ. of Southwestern Louisiana, pers.

comm., 1991).

Historically, the tidewater goby occurred in at least 87 of

California's coastal lagoons (Swift et al. 1989). Since 1900, it has

disappeared from approximately 50 percent of formerly occupied lagoons.

A rangewide status survey conducted in 1984 found that 22 historic

populations of tidewater goby had been extirpated (Swift et al. 1989).

Only 5 years later, a status survey documented the disappearance of an

additional 21 populations. In the San Francisco Bay area, 9 of 10

previously identified populations have disappeared (Swift et al. 1989,

1990). Losses in the southern part of the State have been the greatest,

including 74 percent of the coastal lagoons south of Morro Bay. Three

populations currently remain south of Ventura County. Since 1989, three

additional tidewater goby populations have been lost in San Luis Obispo

and Santa Cruz Counties (Swift et al. 1989, 1990). Five small

populations have been rediscovered since 1984, but the overall losses

indicate a decline of 35 percent rangewide in 6 years (Holland 1991a,

1991b, 1991c; Swift et al. 1991).

Of the 43 remaining populations of tidewater gobies identified by

Swift et al. (1990), most are small and threatened by a variety of

human and natural factors. According to Swift et al. (1990), only eight

extant localities contain populations that are considered large enough

and free enough from habitat degradation to be safe for the immediate

future. These areas are all located north of San Francisco Bay. The

remaining lagoons are so small or modified that tidewater goby

populations are restricted in distribution and vulnerable to

elimination (Swift et al. 1989, 1990). The number of extirpated

localities of gobies has left remaining populations so widely separated

throughout most of the species' range that recolonization is unlikely.

Several specific proposed and ongoing coastal development

activities threaten habitats supporting tidewater gobies, including

road widening and bridge replacement projects along Highway 101, water

diversion projects in San Luis Obispo County, expansion of several

State Park Recreation areas in Santa Barbara and San Luis Obispo

Counties, and hotel and golf course developments in San Luis Obispo and

Marin Counties.

In addition to these specific threats, the tidewater goby is

vulnerable throughout its remaining range because of the loss of

coastal marsh, as noted above, and because of other effects of water

diversions as well. In addition to restricting the goby's overall range

by altering downstream salinities, water diversions and alterations of

water flows may negatively impact the species' breeding and foraging

activities. Gobies in southern and central California breed primarily

in sand/mud substrates and apparently avoid areas that contain large

amounts of decaying vegetation (Holland 1991b). Reductions in water

flows may allow aggressive plant species to colonize the otherwise bare

sand/mud substrates of coastal lagoon margins, thus degrading the

habitat quality for the goby. Decreases in stream flows also reduce the

deep stream pools utilized by gobies venturing upstream from lagoons.

In San Luis Obispo County alone, the effects of drought, either

directly or exacerbated by upstream water diversions, have been

responsible for the extirpation of at least three populations of gobies

between 1986 to 1990 (K. Worcester, California Department of Fish and

Game, pers. comm., 1991).

The tidewater goby is also adversely affected by groundwater

overdrafting and discharge of agricultural and sewage effluents. For

example, in Santa Barbara County, increased groundwater pumpage and

siltation from topsoil runoff in the San Antonio Creek drainage has

significantly affected areas immediately upstream of occupied goby

habitat (i.e., Barka Slough) (C. Swift, Los Angeles County Museum of

Natural History, pers. comm., 1991). Enrichment by agricultural and

sewage effluents may cause algal blooms and deoxygenation that restrict

habitable areas of lagoons utilized by tidewater gobies, especially in

summer (Swift et al. 1989). The potential for these factors to degrade

remaining goby habitats has also been noted at all three extant

localities south of Ventura County (D. Holland, pers. comm., 1991) and

at several sites along the central California coast (T. Taylor,

California State Parks and Recreation, pers. comm., 1991; K. Worcester,

pers. comm., 1991).

The tidewater goby is further threatened by channelization of the

rivers it inhabits. Because most of the goby's localities have been

moderately to extremely channelized, winter floods scour the species

out of the restricted channelized areas where no protection is afforded

from such high flows. This type of event was responsible for the

disappearance of gobies from Waddell Creek lagoon in the winter 1972-73

(C. Swift, pers. comm., 1991).

Finally, cattle grazing and feral pig activity present a threat to

the existence of the tidewater goby. These activities have resulted in

increased sedimentation of coastal lagoons and riparian habitats,

removal of vegetative cover, increased ambient water temperatures, and

elimination of plunge pools and collapsed undercut banks utilized by

tidewater gobies. In San Luis Obispo County, increased sedimentation

into Morro Bay has significantly accelerated the conversion of wetland

habitats to upland habitats (Josselyn et al. 1989). Presently, cattle

continue to graze freely both upstream and in many of the coastal

lagoons supporting tidewater gobies (K. Worcester, pers. comm., 1991).

B. Overutilization for commercial, recreational, scientific, or

educational purposes. Not known to be applicable.

C. Disease or predation. Over the past 20 years, at least 60

species of exotic fishes have been introduced to the western United

States, 59 percent of which are predatory (Hayes and Jennings 1986,

Jennings 1988). The introduction of exotic predators to southern

California waters has been facilitated by the interbasin transport of

water (e.g., California Aqueduct). Introduced predators, particularly

centrarchid fishes, may have contributed to the elimination of the

tidewater goby from several localities in California (Swift et al.

1989). The present day absence of the tidewater goby from the San

Francisco delta area may well be explained by the presence of

introduced predators such as striped bass (Morone saxatilis) and native

predators including the Sacramento perch (Archoplites interruptus)

(Swift et al. 1989, 1990). Two of the most recent disappearances of

gobies from San Luis Obispo County (Old Creek) and San Diego County

(San Onofre Creek) are likely due to the presence of exotic largemouth

bass (Micropterous salmoides) and green sunfish (Lepomis cyanellus),

respectively. Natural predation on gobies by rainbow trout

(Oncorhynchus mykiss) has been documented (Swift et al. 1989). Other

non-native predators, specifically crayfish (Cambarus spp.) and

mosquitofish (Gambusia spp.), may also threaten goby populations

through direct predation on adults, larvae, or eggs.

D. The inadequacy of existing regulatory mechanisms. Section 10 of

the Rivers and Harbors Act and section 404 of the Clean Water Act

regulate the placement of dredge and fill materials into waters of the

United States. Under section 404, nationwide permits, which undergo

minimal public and agency review, can be issued for projects involving

less than 10 acres of waters of the United States and adjacent

wetlands, unless a listed species may be adversely affected. Individual

permits, which are subject to more extensive review, are required for

projects that affect greater than 10 acres.

The U.S. Army Corps of Engineers (Corps) is the agency responsible

for administering the section 10 and section 404 programs. The Service,

as part of the section 404 review process, provides comments on both

predischarge notices for nationwide permits and public notices for

individual permits. The Service's comments are only advisory, although

procedures exist for elevation when disagreements between the agencies

arise. In practice, the Corps' actions under section 10 and section 404

are insufficient to protect the tidewater goby.

Most projects within the range of the tidewater goby considered in

this proposal may require approval from the Corps as currently

described in section 404 of the Clean Water Act. Projects proposed in

coastal lagoons may also require a permit under section 10 of the

Rivers and Harbors Act. Federal listing of this species requires

Federal agencies to insure their actions are not likely to jeopardize

the tidewater goby's continued existence or destroy or adversely modify

any habitat that is designated as critical.

The National Environmental Policy Act and California Environmental

Quality Act require an intensive environmental review of projects that

may adversely affect Federal candidate species. However, project

proponents are not required to avoid impacts to these species, and

proposed mitigation measures are frequently not adequately implemented.

As with section 404 permits, the Service's comments through these

environmental review processes are only advisory.

The California Coastal Act regulates the approval of developments

within the coastal zone. Although a significant slowing in wetland

losses has occurred, the continued loss and degradation of coastal

wetlands since the California Coastal Act was enacted in 1974 attests

to the limitations of this legislation.

E. Other natural or manmade factors affecting its continued

existence. By far, the most significant natural factor adversely

affecting the tidewater goby is drought and resultant deterioration of

coastal and riparian habitats. California has recently experienced 5

consecutive years of lower than average rainfall. These drought

conditions, when combined with human induced water reductions (i.e.,

diversions of water from streams, excessive groundwater withdrawals),

have degraded coastal and riparian ecosystems and have created

extremely stressful conditions for most aquatic species. Formerly large

populations of tidewater gobies have declined in numbers because of the

reduced availability of suitable lagoon habitats (i.e., San Simeon

Creek, Pico Creek), others disappeared when the lagoons dried (i.e.,

Santa Rosa Creek). In San Luis Obispo County alone, 6 of 20 populations

of tidewater gobies were extirpated between 1984 and 1989 because of

drought, water diversions, and pollution (K. Worcester, pers. comm.,

1991).

Habitat degradation and losses of the tidewater goby from weather

related phenomena commonly occur due to the restriction of the species

to coastal lagoon systems and its dependence on freshwater inflows.

Events such as river flooding and heavy rainfall have been reported to

destroy goby burrows and wash gobies out to sea. Storm surges that

enter a lagoon may also adversely affect entire goby populations by

rapidly changing its salinity.

The tidewater goby was undoubtedly subjected to such natural flood

events even before major human alteration of drainage basins. As

mentioned under Factor A, channelization and urbanization have

increased the frequency and perhaps the intensity of such flood events.

In addition, populations of gobies are becoming more isolated from one

another as intervening populations are extirpated, thus further

decreasing the likelihood of successfully colonizing and reestablishing

a population lost to a ``natural'' flood.

Competition with introduced species is a potential threat to the

tidewater goby. Although problems have not been documented so far, the

spread of two introduced oriental gobies (yellowfin goby (Acanthogobius

flavimanus) and chameleon goby (Tridentiger trigonocephalus)) may have

a detrimental effect on the tidewater goby. According to Swift et al.

(1990), the chameleon goby was recently found in Pyramid Lake, probably

imported with central California water. If this goby becomes

established in the Santa Clara River as other imported species have

(e.g., prickly sculpin (Cottus asper)), the tidewater goby population

at the mouth of the Santa Clara River may be at risk.

The Service has carefully assessed the best scientific and

commercial information available regarding the past, present, and

future threats faced by this species in determining to make this rule

final. The tidewater goby has been extirpated from nearly 50 percent of

the lagoons within its historic range, including 74 percent of the

lagoons south of Morro Bay. Forty-three populations remain; however,

only six are large in number and reasonably free from immediate

threats. Based on this evaluation, the preferred action is to list the

tidewater goby as endangered. The tidewater goby has experienced a

substantial decline throughout its historic range and faces threats

indicating that this downward trend is likely to continue. This species

lives within specific habitat zones that have been, and will continue

to be, targeted for development and degradation by human activities.

The goby is extremely vulnerable to adverse habitat modification and

water quality changes. The tidewater goby is in imminent danger of

extinction throughout its range and requires the full protection of

listing as endangered under the Act to survive. For reasons discussed

below, the Service is not proposing to designate critical habitat for

this fish species at this time.

Critical Habitat

Section 4(a)(3) of the Act, as amended, requires that, to the

maximum extent prudent and determinable, the Secretary designate

critical habitat concurrently with determining a species to be

endangered or threatened. Furthermore, the Service is to designate

critical habitat on the basis of the best scientific and commercial

data available after taking into consideration the economic and other

relevant impacts of specifying an area as critical habitat (16 U.S.C.

1533(b)(2)). In the case of the tidewater goby, critical habitat is not

presently determinable. A final designation of critical habitat

requires detailed information on the possible economic effects of such

a designation. The Service does not currently have sufficient

information needed to perform the economic analysis. A delay in the

determination to list the species to gather additional information and

perform analyses would not serve the needs of the species. Information

is needed on actions that may be proposed within tidewater goby habitat

and the degree to which a designation of critical habitat may affect

these actions over and above effects associated with listing the goby

as endangered (i.e., the jeopardy standard alone). It will also be

necessary to determine how and to what extent application of the

destruction/adverse modification standard will change various Federal

actions. These data will be used in the economic analyses to determine

the economic effects of critical habitat designation.

Available Conservation Measures

Conservation measures provided to species listed as endangered or

threatened under the Endangered Species Act include recognition,

recovery actions, requirements for Federal protection, and prohibitions

against certain activities. Recognition through listing encourages and

results in conservation actions by Federal, State, and private

agencies, groups, and individuals. The Endangered Species Act provides

for possible land acquisition and cooperation with the States and

requires that recovery actions be carried out for all listed species.

The protection required of Federal agencies and the prohibitions

against taking and harm are discussed, in part, below.

Section 7(a) of the Act, as amended, requires Federal agencies to

evaluate their actions with respect to any species that is proposed or

listed as endangered or threatened and with respect to its critical

habitat, if any is being designated. Regulations implementing this

interagency cooperation provision of the Act are codified at 50 CFR

part 402. Section 7(a)(2) requires Federal agencies to ensure that

activities they authorize, fund, or carry out are not likely to

jeopardize the continued existence of such a species or to destroy or

adversely modify its critical habitat. If a Federal action may affect a

listed species or its critical habitat, the responsible Federal agency

must enter into formal consultation with the Service.

A number of Federal agencies or departments control lands that

support the tidewater goby. These include the Department of Defense

(U.S. Army Corps of Engineers, U.S. Navy, U.S. Air Force, and U.S.

Marine Corps), Department of Agriculture (U.S. Forest Service), and

Department of the Interior (National Park Service and U.S. Fish and

Wildlife Service). Federal actions that may be affected by this

determination would be the funding or authorization of projects within

the species' habitat, including the construction of roads, bridges, and

dredging projects subject to section 404 of the Clean Water Act (33

U.S.C. 1344 et seq.) and section 10 of the Rivers and Harbors Act of

1899 (33 U.S.C. 401 et seq.), and special use permits. Other Federal

actions that are subject to environmental review under the National

Environmental Policy Act would also require consultation with the

Service. Projects on federally owned land would also be subject to the

provisions of section 7 of the Endangered Species Act.

The Act and implementing regulations found at 50 CFR 17.21 set

forth a series of general prohibitions and exceptions that apply to all

endangered wildlife. These prohibitions, in part, would make it illegal

for any person subject to the jurisdiction of the United States to take

(includes harass, harm, pursue, hunt, shoot, wound, kill, trap,

capture, or collect; or attempt any of these), import or export,

transport in interstate or foreign commerce in the course of commercial

activity, or sell or offer for sale in interstate or foreign commerce

any listed species. It also is illegal to possess, sell, deliver,

carry, transport, or ship any such wildlife that has been taken

illegally. Certain exceptions apply to agents of the Service and State

conservation agencies.

The Act and 50 CFR 17.22 and 17.23 also provide for the issuance of

permits to carry out otherwise prohibited activities involving

endangered wildlife species under certain circumstances. Such permits

are available for scientific purposes, to enhance the propagation or

survival of the species, for incidental take in connection with

otherwise lawful activities, and for economic hardship under certain

circumstances. Requests for copies of the regulations on listed plants

and wildlife and inquiries regarding them may be addressed to the U.S.

Fish and Wildlife Service, Ecological Services, Permit Branch, 911 N.E.

11th Avenue, Portland, Oregon 97232-4181, telephone 503/231-6241, FAX

503/231-6243.

National Environmental Policy Act

The Fish and Wildlife Service has determined that an Environmental

Assessment or Environmental Impact Statement, 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 Endangered Species Act of 1973, as amended. A notice

outlining the Service's reasons for this determination was published in

the Federal Register on October 25, 1983 (48 FR 49244).

References Cited

A complete list of all references cited herein, as well as others,

is available upon request from the Ventura Field Office (see ADDRESSES

section).

Authors

The primary authors of this final rule are Donna C. Brewer, Cathy

Brown, and Thomas Davidson of the Ventura Field Office (see ADDRESSES

section).

List of Subjects in 50 CFR Part 17

Endangered and threatened species, Exports, Imports, Reporting and

recordkeeping requirements, Transportation.

Regulation Promulgation

Accordingly, part 17, subchapter B of chapter I, title 50 of the

Code of Federal Regulations, is amended 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. Amend Sec. 17.11(h) by adding the following species, in

alphabetical order under the group FISHES, to the List of Endangered

and Threatened Wildlife to read as follows:

Sec. 17.12 Endangered and threatened wildlife.

* * * * *

(h) * * *

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Species Vertebrate population

---------------------------------------------------- Historic range where endangered or Status When listed Critical Special

Common name Scientific name threatened habitat rules

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* * * * * * *

Fishes

* * * * * * *

Goby, tidewater.......... Eucyclogobius newberryi. U.S.A. (CA)............. Entire.................. E 527 NA NA

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Dated: January 31, 1994.

Mollie H. Beattie,

Director, Fish and Wildlife Service.

[FR Doc. 94-2546 Filed 2-3-94; 8:45 am]

BILLING CODE 4310-55-P