Federal Register / Vol. 69, No. 64 / Friday, April 2, 2004 / Proposed Rules 17383

Elevation in feet *(NGVD) Elevation in feet Flooding source(s) Location of referenced elevation +(NAVD) Communities affected Effective Modified

City of Steamboat Springs Maps are available for inspection at City Hall, 124 Tenth Street, Steamboat Springs, Colorado 80477. Send comments to the Honorable Paul Strong, Council President, City of Steamboat Springs, P.O. Box 775088. Town of Hayden Maps are available for inspection at the Town Hall, 178 West Jefferson, Hayden, Colorado 81639. Send comments to the Honorable Chuck Grobe, Mayor, Town of Hayden, P.O. Box 190, Hayden, Colorado 81639.

(Catalog of Federal Domestic Assistance No. Background poolfish (E. latos) (Robins et al. 1991; 83.100, ‘‘Flood Insurance.’’) The Pahrump poolfish, family Eschmeyer 1998; Integrated Taxonomic Dated: March 24, 2004. , was discovered by Gilbert in Information System 2002). The Pahrump poolfish (poolfish) is a Anthony S. Lowe, 1893, but was incorrectly identified as the small that obtains an average Mitigation Division Director, Emergency maximum length of 3 inches (76.2 Preparedness and Response Directorate. ( merriami). Miller (1948) later described the Pahrump poolfish as millimeters), with females generally [FR Doc. 04–7441 Filed 4–1–04; 8:45 am] larger than males (Service 1980; Deacon BILLING CODE 9110–12–P the Pahrump killifish ( latos), which historically occupied 1984a, 1984b, 1984c). The poolfish has an isolated spring (Manse Spring) on a slender, elongate body with dorsal and private property known as Manse Ranch anal fins placed far back, a broad upturned mouth, a dark longitudinal DEPARTMENT OF THE INTERIOR in the Pahrump Valley of southern Nye County, . streak (which tends to disappear in Fish and Wildlife Service When describing the Pahump older, larger individuals), and an orange killifish, Miller also identified two other ring around the eyes. On average, there 50 CFR Part 17 subspecies occurring in isolated springs are 30 to 32 scales in the lateral series in Nye County, the Pahrump Ranch (scales found along the lateral line, which is a series of porelike openings RIN 1018–AT35 killifish (Empetrichthys latos pahrump) inhabiting Pahrump Spring, and the along the sides of a fish), but the Endangered and Threatened Wildlife Raycraft Ranch killifish (E. l. concavus) number may vary from as low as 29 to and Plants; Withdrawal of Proposed occurring in Raycraft Spring. Both of a high of 33 scales (Sigler and Sigler Rule To Reclassify the Pahrump these subspecies became extinct in the 1987; La Rivers 1994). Poolfish lack Poolfish (Empetrichthys latos) From late 1950s as a result of introduced carp pelvic fins, but the dorsal, anal, and Endangered to Threatened Status (Cyprinus spp.) and desiccation of the caudal fins are bright orange-yellow springs from groundwater pumping when the fish are in an environment of AGENCY: Fish and Wildlife Service, (Miller 1948; Deacon and Williams optimal temperature and dissolved Interior. 1984; Miller et al. 1989). oxygen (Selby 1977; Soltz and Naiman The only congener (member of the 1978). The pectoral fins of the ACTION: Proposed rule; withdrawal. same ) to these three subspecies, typically have 16 to 18 rays (Sigler and the Ash Meadows killifish, was Sigler 1987). The body of the poolfish is SUMMARY: We, the U.S. Fish and documented by Gilbert (1893) and generally greenish-brown with black Wildlife Service (Service), withdraw the historically occupied numerous springs mottling, but males may be silver-blue proposed rule, published in the Federal in nearby Ash Meadows, Nye County, without mottling during the spawning Register on September 22, 1993 (58 FR Nevada. This species was last seen in season (Soltz and Naiman 1978; Service 49279), to reclassify the Pahrump 1948 and is believed to have gone 1980). poolfish (Empetrichthys latos) from extinct in the early 1950s, likely as a Transplant History: In 1975, poolfish endangered to threatened status. We result of habitat alteration, and were extirpated from their only known have determined that reclassification of competition with and predation by, natural habitat, Manse Spring, as a this species at this time is not introduced nonnative crayfish result of desiccation of the spring from appropriate. (), groundwater pumping and competition ADDRESSES: The complete file for this (Gambusia affinis), black mollies from nonnative (Deacon et al. action is available for inspection, by (Mollienesia shenops), and bullfrogs 1964; J. Deacon, in litt. 1970). appointment, during normal business (Rana catesbiana) (Deacon and Nappe Anticipating the demise of the spring at hours at our Southern Nevada Field 1968; Soltz and Naiman 1978; Miller et Manse Ranch (Minckley and Deacon Office, 4701 North Torrey Pines Drive, al. 1989). 1968), personnel from Federal and State Las Vegas, Nevada 89130. The common name of the genus agencies and academic institutions Empetrichthys has since been changed removed poolfish from Manse Spring FOR FURTHER INFORMATION CONTACT: from killifish to poolfish (Robins et al. during the early 1970s and transplanted Robert D. Williams, Nevada Fish and 1991). Also, because the Pahrump poolfish to three locations in Nevada: Wildlife Office, 1340 Financial poolfish (Empetrichthys latos latos) is 1. Los Latos Pool along the Colorado Boulevard, Suite 234, Reno, Nevada now the only remaining representative River, near Lake Mohave in June 1970 89502 (telephone: 775/861–6300; of the species E. latos, the subspecies (J. Deacon in litt. 1970); facsimile: 775/861–6301). designation has been dropped; thus, the 2. Corn Creek Springs on the Desert SUPPLEMENTARY INFORMATION: fish is currently known as the Pahrump National Wildlife Refuge (DNWR), Clark

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County in August 1971 (D. Lockard, from endangered to threatened status on status (NDOW in litt. 2003b). However, Service, in litt. 1971); and September 22, 1993 (58 FR 49279). surveys in 2003 indicated a significant 3. Shoshone Ponds Natural Area, However, soon after the publication of decrease in the population to less than White Pine County, a Bureau of Land the proposed rule, we learned that the 1,000 individuals. The cause for the Management (BLM) native fish Nevada Division of State Parks (NDSP) decline is unknown and is currently sanctuary in March 1972 (D. Lockard in would receive funding for a project to being investigated (NDOW, in litt. litt. 1972; Mark Barber, BLM, in litt. drain and dredge accumulated sediment 2003b). 1987). from the irrigation reservoir at the State Transplanted poolfish at Los Latos Park to restore the reservoir’s water Previous Federal Action Pool were lost during floods in the late storage capacity. We informed the NDSP On March 11, 1967, the Pahrump 1970s, and individuals were never of the proposed project’s potential to poolfish (as the Pahrump killifish) was replaced at this location. Poolfish at adversely affect the poolfish population listed as endangered under the Shoshone Ponds Natural Area were lost residing in the reservoir, and that the Preservation Act of to vandalism in 1974 when the water NDSP must obtain an incidental take 1966 (16 U.S.C. 668aa(c)). The species source was intentionally turned off. permit from us, pursuant to section retained its endangered status with the Modifications were made to the ponds’ 10(a)(1)(B) of the Endangered Species passage of the Act. The Recovery Plan water system to try to prevent future Act of 1973, as amended (Act) (16 for this species was completed in 1980. vandalism, and the poolfish were U.S.C. 1531 et seq.). Further action on On September 22, 1993, we proposed to replaced in August 1976 with fish from the proposed rule was halted as the reclassify the Pahrump poolfish from Corn Creek Springs (after a 1-year stay NDSP developed a habitat conservation endangered to threatened status (58 FR at a University of Nevada, Las Vegas plan (HCP) to apply for the permit. 49279). holding facility) (Leroy McLelland, In 1995, the NDSP acquired a section Other Federal actions include section Nevada Division of Fish and Game 10(a)(1)(B) permit from us for the 7 consultations with the DNWR and the (NDFG), in litt. 1976; Logan 1977; M. proposed modifications and future BLM regarding the potential effects of Barber in litt. 1987). In order to replace operation and maintenance of the various actions on the poolfish the lost Los Latos Pool population, a irrigation reservoir at the State Park as populations within their respective third population of poolfish was described in the HCP. The permit jurisdictions. Consultations with the established in the irrigation reservoir at remains in effect until the year 2025. DNWR have included projects with the State of Nevada’s Spring Mountain Modifications to the reservoir in 1995 actions having short-term adverse Ranch State Park (State Park) in western were completed without adversely effects to the poolfish population at Clark County. Poolfish from Corn Creek affecting the poolfish population. Based Corn Creek Springs, but with long-term Springs were transplanted to the State on information from annual surveys benefits. These include chemical Park location in June 1983 (Richard utilizing mark and recapture methods, eradication of competing mosquitofish, Haskins, NDFG, in litt. 1983). as well as informal visual surveys, the and mechanical and chemical removal We approved the Pahrump Killifish population remains stable at the State of emergent vegetation to preserve pond Recovery Plan (Recovery Plan) on Park, and is currently the largest integrity. The BLM has consulted with March 17, 1980 (Service 1980). The population of poolfish, estimated at us on the management of the Shoshone Recovery Plan recommended the 16,775 individuals (95 percent Ponds Natural Area, as well as prior to establishment of at least three confidence interval) in 2003 (NDOW in authorizing transfer of public lands in populations of poolfish as the primary litt. 1997, 2001b, 2001c, 2002a, 2002b; adjacent areas into private ownership objective for the species’ recovery NDOW 1999, 2000, 2001; B. Hobbs, under the Desert Land Entry Act. This efforts, preferably including a NDOW, pers. comm. 2002; B. Hobbs, act allows individuals to reclaim, population at Manse Spring. The NDOW, pers. comm. 2003). irrigate, and cultivate arid and semiarid species is less likely to be threatened In the late 1990s, the population of public lands. We have also issued simultaneously at three or more separate poolfish at Corn Creek Springs was lost several recovery permits under section sites than at a single location. The to illegally introduced nonnative 10(a)(1)(A) of the Act to the NDOW and Recovery Plan also stated that the crayfish (NDOW 1999). The last three various academic institutions, species could be considered for poolfish were found at Corn Creek authorizing take of the species for tasks reclassification to threatened status Springs during summer surveys in 1998 identified in the Recovery Plan. Finally, when each of the three populations and no other poolfish were captured we have previously allocated funds to contained at least 500 adults for 3 years, during surveys in subsequent years the NDOW for conducting surveys of and each habitat was free of immediate (NDOW 1999, 2000). A new, isolated each poolfish population and may and potential threats. Poolfish could be refugium for the poolfish was built at continue to do so in the future as funds considered for delisting if the three Corn Creek Springs in 2002. Thirty are available, under section 6 of the Act. populations continued to exceed 500 adult poolfish from the State Park individuals for an additional 3 years population were introduced into the Summary of Comments after reclassification. refugium in June 2003, with visual With publication of the proposed rule All three transplanted populations of surveys in July 2003 revealing eight on September 22, 1993, we requested poolfish reproduced successfully and young in the refugium (NDOW in litt. that all interested parties submit factual thrived in their new habitats, and data 2003a). Another 30 adult poolfish were reports, information, and comments that indicated that these transplanted added to the refugium from the State might contribute to the development of populations had maintained a minimum Park population in August 2003, with the final downlisting decision. We of 500 individuals between 1986 and additional introductions to the refugium contacted appropriate State and Federal 1993 (Nevada Department of Wildlife, planned for the near future (NDOW in agencies, County and city governments, NDOW, 1988a, 1988b; Sjoberg 1989; litt. 2003a). The third poolfish scientific organizations and authorities, Heinrich 1991a, 1991b, 1993). With the population at the Shoshone Ponds and other interested parties, and three populations stable and secure on Natural Area has historically remained requested them to comment. Following Federal and State lands, we published a stable since the 1980s with only natural the publication of the proposed rule, we proposed rule to downlist the poolfish population fluctuations affecting its received two comments: one from the

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NDOW and the other from an activities. However, the present demand Vandalism continues to be a minor individual, both supporting the on limited water sources is to threat to the poolfish in this location, reclassification, and neither raised any accommodate the growing human given that public access to the site is not additional concerns. population and development in the arid monitored on a daily basis (B. Hobbs, desert of southern Nevada. The annual pers. comm., 2002). Summary of Factors Affecting the population growth in southern Nevada Species C. Disease or Predation has been 7 percent per year since 1910, Section 4 of the Act and regulations whereas growth in the The remaining populations of (50 CFR Part 424), promulgated to during the same period has averaged poolfish possess low numbers of implement the listing provisions of the only 1 percent per year (Southern common external fish parasites Act, set forth the procedures for adding Nevada Water Authority (SNWA) 2002). (Heckmann 1987, 1988); however, species to the Federal lists. A species Southern Nevada is primarily reliant on neither these parasites nor any diseases may be determined to be an endangered the Colorado River for most of its water; are currently a threat to the poolfish. or threatened species due to one or more however, groundwater is a critical The effect of predation by the of five factors described in section component of the area’s water resources, nonnative bullfrog on the poolfish 4(a)(1). These factors, and their mainly to meet peak water demands population at Corn Creek Springs has application to the Pahrump poolfish, are during the hot summer (SNWA 2002). been investigated. Analyses of bullfrog as follows: Secured water rights at poolfish habitats stomach contents indicated that bullfrog predation on poolfish is minimal (D. A. The Present or Threatened currently provide available groundwater resources to support the species. Withers, NDOW, in litt. 1985, 1986, Destruction, Modification, or 1988; J. Heinrich, NDOW, in litt. 1991). Curtailment of Its Habitat or Range However, all of the groundwater rights held by local water agencies are Bullfrogs also persist and predate on Current Range: Three separate currently not being utilized, and these poolfish at the State Park, but do not populations of poolfish currently exist; agencies are exploring use of these represent a significant threat to the however, only one is considered stable. rights as future options to meet overall population (Heinrich 1991a; B. Additionally, none of these populations continued demand (SNWA 2002). It is Hobbs, pers. comm., 2002). currently occurs at Manse Spring, its likely that the threat of significantly In 1975, the population of poolfish at native habitat. Establishing a population reduced, and limited, water sources Corn Creek Springs experienced a rapid of poolfish at Manse Spring was caused by pressures exerted on the reduction as a result of unauthorized identified as a high-priority objective of groundwater system to accommodate introduction of nonnative mosquitofish. the Recovery Plan. However, recent extensive population growth and Close coordination between our agency, residential development in and around development in southern Nevada could State agencies, and academic Manse Ranch continues to modify the threaten the future existence of the institutions resulted in the eradication, native habitat, and future residential poolfish. by chemical means, of the mosquitofish and commercial development in the to alleviate competitive pressures on the Pahrump Valley may limit the available B. Overutilization for Commercial, poolfish (Selby 1977). For years water resources and preclude the Recreational, Scientific, or Educational afterwards, the poolfish at Corn Creek opportunity to re-establish a poolfish Purposes Springs remained a healthy and stable population in this location. The Pahrump poolfish is a nongame population. Excessive Groundwater Withdrawals: fish, and no commercial or recreational The stability of this population was The most critical threat to the poolfish use of the species has been documented, again threatened when nonnative has historically been the destruction of nor is it anticipated. Scientific interest crayfish were illegally introduced into habitat through groundwater in this species has been limited to the ponds at Corn Creek Springs. withdrawals, as demonstrated by the activities associated with tasks Surveys first noted the presence of desiccation of the only native habitat of identified in the Recovery Plan. Section crayfish in 1993, and thereafter the the species. Adequate, reliable water 10 of the Act allows for the issuance of poolfish population rapidly declined sources are necessary to ensure that permits for research, rehabilitation, and (NDOW 1999). Despite attempts to currently occupied ponds provide propagation. We issue recovery permits eliminate the crayfish, the poolfish suitable habitat for the poolfish. Thus, authorizing activities identified in the population was extirpated by 1999. long-term declines in spring flows due Recovery Plan, provided these activities Nonnative common goldfish were first to groundwater pumping from areas do not jeopardize the continued discovered in 1998 at Corn Creek surrounding existing poolfish habitat existence of the poolfish. Springs (NDOW 1999). The presence of remain a threat to all the populations. Since Corn Creek Springs and the competing and predatory goldfish Threats to water sources necessary for Shoshone Ponds Natural Area are open may have compounded the problem of poolfish habitat have been minimized to to the public without daily oversight by an already depleted population of the extent possible by the managing agency personnel, it is difficult for us poolfish, possibly contributing to the Federal and State agencies. For and the BLM to protect the ponds from demise of the population that year. example, we filed for, and received, illegal human actions that may Efforts by the DNWR, the NDOW, and vested water rights at Corn Creek adversely affect the poolfish and their volunteers to eradicate nonnative Springs from the State of Nevada that habitat. Most legal human activities in crayfish from Corn Creek Springs have will ensure the water supply for the these areas, such as recreational fishing, been unsuccessful (NDOW in litt. poolfish population at that location. In have not been and are not a threat to the 2001a). Thus, a new, isolated refugium addition, the NDOW and the NDSP hold poolfish. Vandalism was historically a for the poolfish was built at Corn Creek State appropriative water rights to the significant problem at Shoshone Ponds Springs in 2002 with introductions to springs supporting the habitats at Natural Area. The initial introduction of the refugium from the State Park in June Shoshone Ponds Natural Area and the poolfish to those ponds from Manse and July of 2003 (see Transplant History State Park, respectively. Spring was lost to vandalism in 1974 above) (NDOW in litt. 2003a). In the past, groundwater withdrawals when the water source was intentionally Illegal introductions of nonnative were mainly done for agricultural turned off (M. Barber in litt. 1987). aquatic species to the habitats of

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poolfish have occurred historically and designation provides no legal protection successfully introduced back into a new continue to pose the most significant in Nevada. isolated refugium at Corn Creek Springs. current threat to the existence of this A Nevada legislative finding in 1969 Surveys in 2003 showed a significant species. Currently, the populations at recognized the serious losses of native decline in the population at Shoshone the State Park and Shoshone Ponds fish and wildlife in the State and Ponds Natural Area, with the cause Natural Area have not been significantly provided a method for the State to currently unknown. Therefore, only the affected by nonnative aquatic species. conserve, protect, restore, and propagate State Park poolfish population remains However, the recent loss of the selected species of native fish and stable. Thus, one of the main objectives population at Corn Creek Springs wildlife and their habitats (NRS 2002). for downlisting the species in the illustrates that the poolfish is vulnerable This finding and subsequent Recovery Plan, which is to have three to as a result of predation by amendments included the authority for stable populations of poolfish, has not aggressive, aquatic nonnative species. the State’s Board of Wildlife been met. Commissioners and State agencies it The introduction of nonnative species to This species was historically governs, specifically NDOW, to manage the populations of poolfish at the State threatened by habitat destruction and Park or Shoshone Ponds Natural Area land in accomplishing the objectives of degradation, particularly from could impose irreparable consequences. the program to conserve native fish and groundwater pumping which led to wildlife, including conserving, D. The Inadequacy of Existing protecting, and assisting in propagating extirpation from its only known natural Regulatory Mechanisms the poolfish. habitat. Currently, we remain concerned Federal Protection: Upon being listed The NDOW is a cooperating partner that this species is threatened by under the Act, the poolfish immediately with us for the ongoing management potential introductions of nonnative benefitted from a Federal regulatory efforts to conserve this native fish aquatic predators, and habitat framework. This framework includes species. In light of the events that have destruction and loss due to reduced and prohibition of take, which is defined occurred since we proposed to reclassify limited water supply for the poolfish as broadly under the Act to include killing, the poolfish, the NDOW fully supports a result of demands on limited water injuring, or attempting to kill or injure; the current action to withdraw the sources to accommodate extensive prohibition of habitat destruction or proposed rule (Jon Sjo¨berg, NDOW, population growth and development in degradation if such activities harm pers. comm. 2003). the arid desert of southern Nevada. individuals of the species; the E. Other Natural or Manmade Factors Because the Pahrump poolfish occurs requirement that Federal agencies Affecting Its Continued Existence in only one stable population, and ensure their actions will not likely because all the poolfish populations are jeopardize the continued existence of The low numbers of poolfish in its subject to various immediate, ongoing, the species; and the requirement that we isolated habitats naturally make it and future threats as outlined above, we develop and implement a recovery vulnerable to risks associated with find that this species continues to be in program for the species. Poolfish small, restricted populations. The imminent danger of extinction. continue to be protected by the elements of risk that are amplified in Therefore, the poolfish meets the Act’s provisions of the Act. very small populations include: (1) definition of endangered and warrants Additionally, as previously discussed, Random demographic effects (e.g., continued protection as endangered the population of poolfish at the State skewed sex ratios, high death rates, or under the Act. Threatened status would Park will be conserved under the low birth rates); (2) the effects of genetic not accurately reflect the diminished provisions of the section 10(a)(1)(B) drift (random fluctuations in gene status and threats to this species. Based permit issued by us to the State for its frequencies) and inbreeding (mating upon the findings documented in this HCP. This permit remains in effect until among close relatives); (3) natural notice, we are hereby withdrawing the the year 2025. catastrophes (floods, fires, droughts, proposed rule published on September The sites where the poolfish currently etc.) at random intervals; and (4) 22, 1993 (58 FR 49279), that proposed resides have no connection to a deterioration in environmental quality to reclassify the Pahrump poolfish from navigable water. Therefore, it is unlikely (Shaffer 1987). However, the poolfish endangered to threatened. that section 404 of the Clean Water Act were believed to have been isolated for of 1972, as amended, administered by over 20,000 years in the Pahrump Valley References Cited the U.S. Army Corps of Engineers, will (Soltz and Naiman 1978), and this A complete list of all references cited provide any regulatory protection for natural evolutionary factor is currently herein is available upon request from this species. an insignificant threat when compared our Southern Nevada Field Office (see State Regulations: The State of with the historical modification of its ADDRESSES section). Nevada classifies the poolfish as a fully natural habitat, introductions of protected fish species, further classified nonnative, aquatic predators in its Author as endangered under Chapter 503.065 of transplanted habitats, and reduced and the Nevada Administrative Code (2002). limited water supplies. The primary author of this notice is The State prohibits the capture, Amy LaVoie (see ADDRESSES section). removal, or destruction of any protected Summary of Findings species at any time, by any means, In developing this notice, we carefully Authority except under a special permit issued by assessed the best scientific and The authority for this action is the the NDOW under Chapters 503.584– commercial information available Endangered Species Act of 1973, as amended 503.589 of the Nevada Revised Statutes regarding the past, present, and future (16 U.S.C. 1531 et seq.). (NRS) (2002). The Nevada Natural threats faced by the Pahrump poolfish. Dated: March 8, 2004. Heritage Program also ranks the poolfish Events subsequent to the proposed rule as S1, meaning that in Nevada it is published in 1993 resulted in the Marshall P. Jones, Jr., considered critically imperiled due to extirpation of the poolfish population at Deputy Director, Fish and Wildlife Service. extreme rarity, imminent threats, and/or Corn Creek Springs, although a small [FR Doc. 04–7412 Filed 4–1–04; 8:45 am] biological factors. However, this number of poolfish have recently been BILLING CODE 4310–55–P

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