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

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.

-----------------------------------------------------------------------

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

for an additional 75 days. 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 reopened the comment period in a notice published on January

23, 1997 (62 FR 3493). Because of requests from the High Desert

Coalition, Inc., Bruneau Valley Coalition, and Quey Johns, 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 June 9, 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.

[[Page 14102]]

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 the 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 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, 1995, 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 (Public Law 104-6), the Service was unable

to comply with the June 1995 court decision and issue its reconsidered

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

funds 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. As a result, the Service made available for

public review new information and other data pertaining to the listing

of the Bruneau hot springsnail received since the close of the November

13, 1995, comment period. Because of requests from the High Desert

Coalition, Inc., Bruneau Valley Coalition, and Quey Johns, 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.

Available Reports and Data

The following combined list of reports and letters contained in

Service files, including other non-cited information, are available for

public review:

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

[[Page 14103]]

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

recordkeeping requirements, Transportation.

Dated: March 18, 1997.

Thomas J. Dwyer,

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

[FR Doc. 97-7449 Filed 3-24-97; 8:45 am]

BILLING CODE 4310-55-P