Federal Register / Vol. 61, No. 132 / Tuesday, July 9, 1996 / Proposed Rules 36021

1995, and prevented the Service from finding on a petition to list three fish as commenced in accordance with making a final decision on these endangered, pursuant to the Endangered priorities established by the Service proposals by the August 1995 Species Act of 1973, as amended. The pursuant to the May 16, 1996, Final administrative deadline. The Service finds that the petition did not Listing Priority Guidance (61 Fed Reg moratorium was lifted on April 26, present substantial scientific or 24722). 1996, when the appropriation for the commercial information indicating the On September 6, 1994, the Service Department of the Interior for the petitioned action may be warranted for received a petition dated September 2, remainder of fiscal year 1996 was two of the three species because it does 1994, to list the Santa Ana speckled enacted into law. In a Federal Register not substantiate that the Santa Ana dace (Rhinichthys osculus ssp.), Santa document published on May 16, 1996 speckled dace and Shay Creek Ana sucker (Catostomus santaanae), (61 FR 24722), the Service outlined in threespine stickleback are described and the Shay Creek threespine detail the history of the moratorium and subspecies or distinct vertebrate stickleback (Gasterosteus aculeatus ssp.) indicated the priorities it would follow population segments as described in the as endangered species. The petition was in eliminating the listing program Service’s vertebrate population policy. submitted by the Sierra Club Legal backlog resulting from the moratorium. Furthermore, the Service presently Defense Fund, Inc., on behalf of seven Preparation of final rules for these regards the Shay Creek threespine groups. The seven groups are the proposed species is considered a Tier 2 stickleback as a population of the California-Nevada Chapter of the priority—processing final decisions on unarmored threespine stickleback American Fisheries Society, The Nature proposed listings. For more information (Gasterosteus aculeatus williamsoni), a School, The California Sportfishing on the moratorium and the priority for species that is already listed as Protection Alliance, Friends of the backlogged listing actions, refer to the endangered. Regarding the third fish River, Izaak Walton League of America, May 15, 1996, Federal Register notice. species, the Service finds that California Trout, and Trout Unlimited. The Service hereby announces substantial information exists to support The letter clearly identified itself as a another reopening of the comment a decision that listing may be warranted petition and contained the names, period until July 26, 1996. Reopening of for the Santa Ana sucker. signatures, and addresses of the the comment period will allow the DATES: The finding announced in this petitioners. Accompanying the petition Service to accept information on notice was made on June 28, 1996. was supporting information relating to scientific studies conducted since the Comments and materials may be taxonomy, ecology, and past and comment period last closed on May 5, submitted until further notice. present distribution of all three species. 1995. Any other comments from the ADDRESSES: Data, information, The petition, supporting interested public will also be solicited comments, or questions concerning the documentation, and other information concerning these proposals. finding should be submitted to the Field available in the Service files has been Supervisor, Carlsbad Field Office, U.S. reviewed to determine if substantial Author Fish and Wildlife Service, 2730 Loker information is available to indicate that The primary author of this notice is Avenue West, Carlsbad, California the requested actions may be warranted. Robert S. Butler, Jacksonville Field 92008. The petition, finding, and On the basis of the best scientific and Office, U.S. Fish and Wildlife Service, supporting data are available for public commercial information available, the 6620 Southpoint Drive South, Suite 310, inspection, by appointment, during Service finds the petitioned action may Jacksonville, Florida 32216 (904/232– normal business hours at the above be warranted for the Santa Ana sucker 2580 or fax 904/232–2404). address. because of the threats to low population numbers, and is not warranted for the FOR FURTHER INFORMATION CONTACT: Authority: The authority for this action is Paul Santa Ana speckled dace based on the Endangered Species Act (16 U.S.C. 1361– J. Barrett (see ADDRESSES above), taxonomic uncertainty. While the 1407; 16 U.S.C. 1531–1544; 16 U.S.C. 4201– telephone (619) 431–9440. 4245; Pub. L. 99–625, 100 Stat. 3500, unless petitioners failed to present substantial otherwise noted). SUPPLEMENTARY INFORMATION: information indicating that the Shay Creek threespine stickleback should be Dated: July 1, 1996. Background listed as a subspecies or distinct Noreen K. Clough, Section 4(b)(3)(A) of the Endangered vertebrate population segment, the Shay Regional Director, Southeast Region, Fish and Species Act (Act) of 1973, as amended Creek threespine stickleback is Wildlife Service. (16 U.S.C. 1531 et seq.) requires that the presently regarded as a population of [FR Doc. 96–17222 Filed 7–8–96; 8:45 am] Service make a finding on whether a the unarmored threespine stickleback BILLING CODE 4310±55±P petition to list, delist, or reclassify a and already receives the protections of species presents substantial scientific or the Act. A status review will be commercial information indicating that commenced in accordance with the 50 CFR Part 17 the petitioned action may be warranted. Final Listing Priority Guidance for the To the maximum extent practicable, this Endangered and Threatened Wildlife Santa Ana sucker. finding is to be made within 90 days of and Plants: 90-day Finding on a the receipt of the petition, and the Santa Ana Sucker Petition to List the Santa Ana Speckled finding is to be published promptly in The Santa Ana sucker (Catostomus Dace, Santa Ana Sucker, and the Shay the Federal Register. This finding is santaanae) is a member of the sucker Creek Threespine Stickleback as based on information contained in the family (Catostomidae). The Santa Ana Endangered petition, supporting information sucker was originally described as AGENCY: Fish and Wildlife Service, submitted with the petition, and Pantosteus santa-anae by Snyder (1908, Interior. otherwise available to the Service at the as in Moyle 1976). The genus ACTION: Notice of 90-day petition time the finding is made. If the Service Pantosteus was reduced to a subgenus finding. determines that the petitioned action of Catostomus and the hyphen omitted may be warranted, the Service will from the specific name in a subsequent SUMMARY: The U. S. Fish and Wildlife commence a review of the status of the revision of the nomenclature (Smith Service (Service) announces a 90-day involved species. Status reviews will be 1966). The American Fisheries Society 36022 Federal Register / Vol. 61, No. 132 / Tuesday, July 9, 1996 / Proposed Rules recognizes the Santa Ana sucker as the industry and surrounding farmed lands Shay Creek Threespine Stickleback full species, C. santaanae (Robins et al. (T. Haglund, personal communication). The petitioners indicated that the Subsequent to the receipt of the 1991). Shay Creek threespine stickleback is an The Santa Ana sucker’s historical petition, a general fish survey of the undescribed form of the threespine range includes the Los Angeles, San Santa Ana River below Prado Dam stickleback (Gasterosteus aculeatus) that Gabriel, and Santa Ana River drainage yielded only 5 suckers from a total of should be listed separately from the systems located in southern California approximately 150 fishes captured endangered unarmored threespine (Smith 1966). An introduced population (Mike Guisti, California Game and Fish stickleback. The Service regards the also occurs in the Santa Clara River Department, pers. comm.). A survey of Shay Creek threespine stickleback as a drainage system in southern California the East Fork of the San Gabriel River population of the Federally listed (Moyle 1976). Moyle and Yoshiyama above the confluence with Cattle unarmored threespine stickleback and (1992) state that only the San Gabriel Canyon found the sucker to be relatively River population can be considered common, 125 of 382 fish captured (Paul the petitioners failed to present relatively viable and self-sustaining Barrett, pers. obs., Fish and Wildlife substantiated scientific information within the native range. Service files). The Santa Ana sucker’s indicating that the petitioned action Although the Santa Ana sucker was present status in the Los Angeles River may be warranted. Specifically, the described as common in the 1970s is unknown. petitioners did not present peer- (Moyle 1976), the species has The Service finds that the petitioners reviewed information supporting their experienced dramatic declines provided substantial evidence that the claim that the Shay Creek threespine throughout most of its range (Moyle and petitioned action may be warranted for stickleback is a separate subspecies or Yoshiyama 1992). Santa Ana suckers the Santa Ana sucker. distinct vertebrate population. In light have adaptations such as short of this decision and until the Service is Santa Ana Speckled Dace generation time, high fecundity and a presented with substantiated relatively prolonged spawning period The Santa Ana speckled dace is found information to the contrary, the Shay that presumably allows them to rapidly in the headwaters of the Santa Ana and Creek threespine stickleback remains a repopulate streams after severe flooding San Gabriel river drainages, often in population of the Federally endangered events (Greenfield et al. 1970). isolated stocks. The petitioners unarmored threespine stickleback. Nevertheless, they are intolerant of presented a variety of information It is Service policy to issue not- polluted or highly modified streams suggesting that the Santa Ana speckled substantial 90-day findings on petitions (Moyle and Yoshiyama 1992). dace is an undescribed subspecies of for species or subspecies if that This apparent, overall decline is of Rhinichthys osculus, member of the designation has not passed scientific concern given this species’ high Cyprinidae family. While the petitioners peer review either as part of acceptance fecundity and apparent broad habitat assert that the Santa Ana speckled dace for publication or through some other tolerances. Urbanization, water is a valid subspecies, they did not equivalent review. The Santa Ana diversions, dams, pollution, heavy provide a peer-reviewed paper speckled dace and Shay Creek recreational use, gold mining wastes, supporting that conclusion, nor did they threespine stickleback are not so named. gravel extraction, and introduced provide a draft manuscript that the Should the Santa Ana speckled dace or competitors and or predators have Service could subject to peer review. In Shay Creek threespine stickleback be probably contributed in the decline of fact, citing Moyle (1976), the petitioners determined to be a valid subspecies as the species (Moyle and Yoshiyama actually point out difficulties with evidenced by a description in a peer- 1992, Swift et al, 1993). speckled dace systematics, ‘‘Although reviewed scientific journal, or a distinct Swift (in Moyle and Yoshiyama 1992) systematists now seem to have little population segment in accord with the summarized the status and threats trouble placing the many forms into February 7, 1996, ‘‘Recognition of facing each of the populations in their Rhinichtys osculus (Hubbs, Miller, and Distinct Vertebrate Population Segments native range. Hubbs, 1974), the status of the many Under the Endangered Species Act ‘‘ (61 • Los Angeles River (Big Tujunga described (and undescribed) subspecies FR 4722), the Service may consider a Creek below Big Tujunga Dam)— can only be called chaotic.’’ The proposal to list this species in Extreme fluctuations in water quality primary support for subspecific status accordance with the Service’s listing pose problems for all fishes in this includes reference to a Master’s thesis priority guidance. In addition to reach. The Santa Ana sucker is very rare (Cornelius 1969) which was not taxonomic information, any new and may already be lost here. included with the petition, and petition should clearly identify threats • San Gabriel River (contiguous West, reference to unpublished genetic data. to the taxa, including estimates of the North, and East forks about 40 km below Other, anecdotal evidence supporting probability of catastrophic events to the Cogswell Dam)—The West Fork is subspecific status includes a species populations. threatened by accidental high flows account written by C.C. Swift that was The Service will continue to seek from Cogswell Reservoir that have included as pages 207–212 in a information regarding the Santa Ana devastated this reach in the past. The document entitled Fishes, Aquatic speckled dace. As additional data Cattle Canyon tributary of the East Fork Diversity Management Areas, and becomes available in the future, the is impacted by increased gold mining Endangered Species: A Plan to Protect Service may reassess the need for (suction dredging) and the population California’s native Aquatic Biota, edited preparing a proposal to list this species, has been much reduced or may be by Moyle and Yoshiyama (1992). This in accordance with the final Listing absent in Cattle Canyon. account cites a paper by Hubbs et al. Priority Guidance. • Santa Ana River—Several hundred (1979) that includes the Santa Ana fish were observed below Prado Dam in speckled dace as an unnamed Conformance with Listing Priority 1986 and 1987, although sampling subspecies, but a copy of the paper was Guidance above the dam in 1987 yielded only five not provided and the literature cited On May 16, 1996 the Service Santa Ana suckers. Water quality is section of the account did not include published a description of how it will threatened by many and various local a citation that would allow the Service prioritize the various listing actions for inputs, such as runoffs from light to identify the paper. the remainder of fiscal year 1996 (61 FR Federal Register / Vol. 61, No. 132 / Tuesday, July 9, 1996 / Proposed Rules 36023

24722–24728). Based on the listing Haglund, T. A. and D. G. Buth. 1988. Swift, C. C., T. R. Haglund, M. Ruiz, and R. priority guidance, the subject finding Allozymes of the unarmored threespine N. Fisher. 1993. The status and would characteristically have been stickleback (Gasterosteus aculeatus distribution of the freshwater fishes of williamsoni) and identification of the southern California. Bulletin of the assigned to tier 3 and processing would Shay Creek population. Isozyme Southern California Academy of have been delayed until a later date. Bulletin, 21:196. Sciences, 92:1–67. Despite requests for deference to the Hubbs, W. I. Follett, and L. C. Hubbs. 1979. listing priority guidance, however, the List of fishes of California. Occasional Author Papers of the California Academy of Service has received no relief and is This notice was prepared by Paul J. compelled by court order to issue this Sciences, No. 133, 51 pp. Moyle, P. B. 1976. Inland Fishes of Barrett, Carlsbad Field Office (see finding. California. University of California Press, ADDRESSES section above). References Cited 405 pp. Moyle, P. B. and R. M. Yoshiyama. 1992. Authority Buth, D. G. and C. B. Crabtree. 1982. Genetic Fishes, aquatic diversity management variability and population structure of areas, and endangered species: Plan to The authority for this action is the Catostomus santaanae in the Santa Clara protect California’s native aquatic biota. Endangered Species Act of 1973, as drainage. Copeia, 1982:439–444. The California Policy Seminar, amended (16 U.S.C. 1531 et seq.). Greenfield, D. W., S. T. Ross, and G. D. University of California. Dated: June 28, 1996. Deckert. 1970. Some aspects of the life Robins, C. R., R. M. Baily, C. E. Bond, J. R. history of the Santa Ana sucker, Brooker, E. A. Lachner, R. N. Lea, and W. John G. Rogers, Catostomus (Pantosteus) santaanae B. Scott. 1991. Common and scientific Acting Director, Fish and Wildlife Service. (Snyder). California Fish and Game names of fishes of the United States and [FR Doc. 96–17390 Filed 7–8–96; 8:45 am] 56:166–179. Canada. American Fisheries Society Special Publication 20. Bethesda, BILLING CODE 4310±55±P Maryland.