Endangered and Threatened Wildlife and Plants; Notice of Reopening 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

RIN 1018-AA98

Endangered and Threatened Wildlife and Plants; Notice of

Reopening 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 reopening 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 reopened.

A notice of availability that opened the original public comment period

was published on September 12, 1995 (60 FR 47339). The Service extended

the comment period until December 15, 1995, in a notice published on

November 13, 1995 (60 FR 56976). The Service hereby reopens the comment

period and solicits new information and public comment on all

information and data received since the listing of the species in 1993.

DATES: The comment period is reopened until March 10, 1997. 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, 1387 South Vinnell Way, Room 368, Boise, Idaho 83709.

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/

378-5243, facsimile 208/378-5262).

SUPPLEMENTARY INFORMATION:

Background

On January 25, 1993, the 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 errors during the listing process, including not allowing

the public to review the draft USGS report. On December 14, 1993 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

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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 final USGS report and

to reconsider its listing decision.

To comply with the court's direction, the Service announced that

the Berenbrock (1992) report, and other reports and data pertaining to

the listing of the springsnail were available for public comment until

November 13, 1995, in a notice published on September 12, 1995 (60 FR

47339). Because of a request from Susan E. Buxton on behalf of her

client (John B. Urquidi, J & J Ranches, Bruneau, Idaho), the Service

extended the public comment period until December 15, 1996, in a notice

published on November 13, 1995 (60 FR 56976). Nearly 400 comments were

received from individuals and agencies during the public comment

period.

Because of a moratorium on final listing actions from April 10,

1995, until April 26, 1996 (Pub. L. 104-6), the Service was unable to

comply with the June 1995 court decision and issue its reconcideration

listing decision. In anticipation of the end of the moratorium and

after it was lifted, the Service issued interim guidance on March 11,

1996 (61 FR 9651), final guidance for fiscal year 1996 on May 16, 1996

(61 FR 24722), and final guidance for fiscal year 1997 on December 5,

1996 (61 FR 64475), regarding the setting of priorities for various

listing actions. These guidance documents focused the Service's limited

funding on emergency actions, and final rules for imminently and highly

threatened species, and for multi-species packages. Consequently, the

Service took no action on the springsnail during fiscal year 1996.

Though listing priorities now allow the Service to take final action on

this court decision, it has been over 1 year since the close of the

last public comment period. Therefore, the Service is now soliciting

additional comments and making available for public review new

information and other data pertaining to the listing of the Bruneau hot

springsnail received since the last comment period.

Available Reports and Data

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

1993 (i.e., Berenbrock 1993), the Service listed 13 additional reports

and documents in its past notices (60 FR 47339 and 60 FR 56976) that

are pertinent to the listing decision and were received since the

original listing rule was published on January 25, 1993. Moreover, the

Service received 5 additional reports or letters pertinent to this

listing decision since the close of the public comment period on

December 15, 1995. The following combined list of reports 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 preproposal. 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.

Mladenka, G.C. and G.W. Minshall. 1996. Report on the 1996 Bruneau hot

springsnail site survey. Unpublished report.

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.

U.S. Geological Survey. 1996a. Unpublished letter summarizing Bruneau-

area ground water-level and spring discharge monitoring data collected

through January 1996. Boise, Idaho.

U.S. Geological Survey. 1996b. Annual report summarizing results of

Bruneau-area ground water-level and spring discharge monitoring through

June 1996. Boise, Idaho.

U.S. Geological Survey. 1996c. Annual report summarizing results of

Bruneau-area ground water-level and spring discharge monitoring through

September 1996. Boise, 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.

Varricchione, J.T. and G.W. Minshall. 1996. 1995 Monitoring Report:

Bruneau hot springsnail (Pyrgulopsis bruneauensis). Idaho Bureau of

Land Management Technical Bulletin No. 96-8. Stream Ecology Center,

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

[[Page 3495]]

recordkeeping requirements, Transportation.

Dated: January 14, 1997

H. Dale Hall,

Acting Regional Director, Region 1, U.S. Fish and Wildlife Service.

[FR Doc. 97-1602 Filed 1-22-97; 8:45 am]

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