Endangered and Threatened Wildlife and Plants; Notice of Extension of Comment Period on Reports and Other Data Pertaining to the Listing of the Bruneau Hot Springsnail

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

Endangered and Threatened Wildlife and Plants; Notice of

Extension 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 extension of public comment period.

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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 extended.

The notice of availability opening the public comment period was

published on September 12, 1995 (60 FR 47339), which opened the comment

period until November 13, 1995. This document extends the comment

period until December 15, 1995.

DATES: The comment period is extended until December 15, 1995. 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, 4696 Overland Road, Room 576, Boise, Idaho 83705. 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.

FOR FURTHER INFORMATION CONTACT:

Robert Ruesink, Supervisor, at the address listed above (telephone 208/

334-1931, facsimile 208/334-9493).

SUPPLEMENTARY INFORMATION:

Background

On January 25, 1993, the U.S. Fish and Wildlife Service (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 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 violations during the listing process, including not

allowing the public to review the draft USGS report. On December 14,

1993,

[[Page 56977]]

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 USGS report and other relevant information, and to reconsider its

listing decision. The notice of availability complied with the court's

direction.

On October 24, 1995, Susan E. Buxton requested on behalf of her

client (John B. Urquidi, J & J Ranches, Bruneau, Idaho) an extension in

the comment period until November 24, 1995. Ms. Buxton requested the

extension in order that she and her client may review all available

data. Because the Service has no objection to this short extension, the

comment period is extended until December 15, 1995.

Available Reports and Data

In addition to the draft USGS report, which was finalized in August

1993 (i.e., Berenbrock 1993), the Service has additional reports and

information pertinent to the listing decision received since the

original listing rule was published January 25, 1993. The following

reports, plans, and letters contained in Service files, including other

non-cited information, are available for public review and comment:

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, Water-Resources 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, Water-Resources 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 proposal. 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.

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.

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.

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: November 6, 1995.

H. Dale Hall,

Acting Regional Director, Region I, U.S. Fish and Wildlife Service.

[FR Doc. 95-27961 Filed 11-9-95; 8:45 am]

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