Endangered and Threatened Wildlife and Plants; Reopening of Comment Period on Proposed Endangered Status for Devils River Minnow (Dionda diaboli)

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AE86

Endangered and Threatened Wildlife and Plants; Reopening of

Comment Period on Proposed Endangered Status for Devils River Minnow

(Dionda diaboli)

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule; reopening of comment period.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) gives notice that

the comment period on the proposed determination of endangered status

for the Devils River minnow (Dionda diaboli) is reopened. This fish is

found in Val Verde and Kinney counties, Texas, and Coahuila, Mexico.

All interested parties are invited to submit comments on this proposal.

DATES: The comment period, which originally closed on July 27, 1998,

now closes November 12, 1998.

ADDRESSES: Written comments and materials concerning the proposal

should be sent to the Field Supervisor, Austin Ecological Services

Field Office, U.S. Fish and Wildlife Service, 10711 Burnet Road, Suite

200, Austin, Texas, 78758. Comments and materials received will be

available for public inspection, by appointment, during normal business

hours at the above address.

FOR FURTHER INFORMATION CONTACT: Nathan Allan, Fish and Wildlife

Biologist (see ADDRESSES section) (telephone 512/490-0057; facsimile

512/490-0974).

SUPPLEMENTARY INFORMATION:

Background

The current range of the Devils River minnow is limited to three

stream systems in Val Verde and Kinney counties, Texas, and one

drainage in Coahuila, Mexico. The species' range has been significantly

contracted and fragmented. In addition, the numbers of Devils River

minnows collected during fish surveys has declined dramatically over

the past 25 years; the species has declined from one of the most

abundant fish to one of the least abundant. Based on the current

information, the decline of the species in both distribution and

abundance may be attributed in large part to the effects of habitat

loss and modification and the introduction of nonnative fish into

habitats of the Devils River minnow.

On March 27, 1998, the Service published a proposed rule to list

the Devils River minnow as endangered under the Endangered Species Act

(Act) of 1973, as amended (63 FR 14885-14892). Section 4(b)(5)(E) of

the Act requires that a public hearing be held if requested within 45

days of the proposal's publication in the Federal Register. Because of

the past public interest in the listing of this species, the Service

opened the public comment period for 120 days and held a public hearing

on May 28, 1998, in Del Rio, Texas. A notice of the public hearing was

published in the Federal Register on May 14, 1998. Over 40 individuals

attended the hearing and made 19 oral comments. Also, a number of

written comments were received during the original comment period. All

of these comments will be considered in the final determination on

whether or not to add the species to the list of threatened and

endangered species.

The purpose of reopening the comment period at this time is to

accept public comments on the proposal to list the Devils River minnow

as an endangered species in light of new information that has been

received by the Service. New information on the distribution and

abundance of the species has been provided by the Texas Parks and

Wildlife Department (Department). In addition, a Conservation Agreement

for the Devils River minnow between the Service, the Department, and

the City of Del Rio was signed on September 2, 1998.

On May 28, 1998, biologists from the Department collected about 140

Devils River minnows from Phillips Creek. Phillips Creek is a small

tributary,

[[Page 54661]]

located on private land, entering the Devils River from the northeast,

about 2 miles downstream from the Highway 163 bridge (Baker's

Crossing). This site is a small spring-fed stream that does not provide

surface flow to the Devils River under normal conditions. No

information is available to indicate that fishes have ever been sampled

from this site in the past. This information provides significant

evidence confirming that the Devils River minnow still occurs in the

Devils River watershed. Additional surveys are needed to determine the

actual status of the species in the Devils River, but the confirmation

of the species in the drainage is important in ensuring that those

populations have not been lost.

The Service has been working with the Department, in cooperation

with local landowners, over the past year in an effort to develop a

conservation agreement that would expedite conservation measures needed

to ensure the continued existence of the species. Preliminary drafts of

the Conservation Agreement (Agreement) were made available to local

landowners for comments and a draft version was also distributed at the

Public Hearing. The Agreement was signed by the Service, the

Department, and the City of Del Rio on September 2, 1998. The Agreement

included a Conservation Strategy (Strategy) to describe the specific

procedures required for conservation of the Devils River minnow. In

making the final listing determination, the Service agreed to consider

the ongoing implementation of the conservation actions as described in

the Strategy. The Service will consider the effect of those actions on

removing threats to the species, as described in the proposed rule, in

making a final determination on this listing.

The ten conservation actions that were included in the Strategy

are: (1) Determine the current status of the Devils River minnow and

monitor changes; (2) Maintain genetically representative, captive

populations of Devils River minnow at two fish hatchery facilities for

reintroduction, and as insurance against extinction; (3) Reintroduce

Devils River minnows, reared in captive populations, in order to

reestablish populations in nature; (4) Continue and enhance protection

of the San Felipe Creek watershed; (5) Provide technical assistance to

landowners on riparian protection and management; (6) Review live bait

harvest and selling practices in the Devils River area to develop

methods and take appropriate actions (e.g., regulation, education) to

prevent the further establishment of exotic, aquatic species within the

historical range of Devils River minnow; (7) Document the abundance and

ranges of exotic fish in the Devils River, and San Felipe, Las Moras,

and Sycamore creeks; (8) Obtain and analyze changes in flow data for

the Devils River, and San Felipe, Las Moras, and Sycamore creeks; (9)

With progeny of the captive population, use a simulated environment to

determine ecological and life history requirements of the Devils River

minnow; and (10) Determine in situ predator/prey interactions between

smallmouth bass and the Devils River minnow.

The comment period on the proposal will remain open until November

12, 1998. Written comments may be submitted until that date to the

Service office in the ADDRESSES section.

Author the primary author of this notice is Nathan Allan (see

ADDRESSES section) (telephone 512/490-0057; facsimile 512/490-0974).

Authority

The authority for this action is the Endangered Species Act of 1973

(16 U.S.C. 1531 et seq.).

Dated: October 3, 1998.

Geoffrey S. Haskett,

Acting, Regional Director, Fish and Wildlife Service, Region 2.

[FR Doc. 98-27325 Filed 10-9-98; 8:45 am]

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