10842 Federal Fhgister / Vol. 51, No. 61 / Monday, March 31, 1988 / Rules and Regulations

DEPARTMENT OF THE JNTERJOR Fish and Wildlife Ssrviw 50 CFR Part 17 Endangered and Threatensd Wildllfe and plant% Detsm&mtion of Endangered Status end Crltkal Habitat for the Desefi Pupfish

AGENCY: Fish and Wildlife Service, Interior. ACTNN Final ruie.

SUMMARY The Service,determines the [ macuiarius] to be an endangered species. Critical habitat is also designated for this species in Imperial County, California, and Pima County, Arizona. Viable, self- Federal Register / Vol. 51, No. 61 / Monday, March 31, 1986 / Rules and Regulations 10843 /- sustaining populations of desert pupfish wetland San Sebastian Marsh, Imperial New Mexico. These fish were obtained are now believed to exist in only two of County, and Salt, Creek. Riverside from Santa Clara Slgugh. They are being the historic habitats in the United County) and a few shoreline pools and maintained in that facility for use in States. The remaining populations in irrigation drains along the Salton Sea in research and for future reintroduction Mexico are also reported to be declining Imperial and Riverside Counties. In efforts in Arizona. or vulnerable. The surviving natural Arizona, it still inhabits Quitobaquito Desert pupfish-were recently populations are impacted by Spring within the Organ Pipe Cactus introduced into one natural and two competition from exotic fishes for food National Monument in Pima County. manmade spring habitats on Bureau of and space, predation by exotic fishes, The species is also believed to inhabit Land Management (BLM) land in water pollution, ground-water pumping, the Colorado River system in the Rio Arizona. These populations, which were agricultural pesticide drift, stream Sonoyta drainage and Santa Clara established from the stock at Dexter channelization, and possibly the habitat Slough in Sonora. Mexico. Recent National Fish Hatchery, are located at modifications associated with flooding surveys of Salt Creek and the irrigation Peoples Canyon in the Bill Williams in the Colorado River delta in 1963 and drains around the Salton Sea (Moore, River drainage [Yavapai County), 1984. Designation of the desert pupfish 1983) and the Rio Sonoyta (McMahon Howard Well in the Gila River drainage as an endangered species affords this and Miller, 19851 indicate that the (Graham County), and Mesquite Spring species the full protection provided by populations there may now be reduced in the Gila River drainage (Pinal the Endangered Species Act of 1973, as to such low levels that they are no County). However, it will be some time amended. longer viable. The current status of the beforeit is known whether these DATE: The effective date of this rule is population in Santa Clara Slough is introductions have resulted in the April 30* 1986. unknown. However, the floods that establishment of self-sustaining ADDRESS: The complete file for this rule inundated vast reaches of the Colorado populations that can survive the local is available for inspection, by River delta in 1983 and 1984 may have climatic regime. appointment, during normal business given tilapia (TJopja zj11il], largemouth Land ownership of the remnant hours at the U.S. Fish and Wildlife bass (Micropterus sulmoides), and other natural habitats in the United States is Service, Lloyd 500 Building, Suite 1692, exotic fishes that compete with, or prey divided between private and Federal 500 NE., Multnomah Street, Portland, upon* the desert pupfish, access to this interests. Quitobaquito Spring is entirely Oregon 97232. slough. These recent high flows also on National Park Service Lands within may have enhanced habitat conditions FOR FURTHER INFORMATION CONTACT: the boundaries of Organ Pipe Cactus Mr. Wayne S. White, Chief, Division of for exotic fishes by improving water National Mounment. Title to the lands Endangered Species, at the above quality in the delta. along San Felipe Creek is arranged in a Refugia populations of desert pupfish checkerboard pattern, about evenly address, [503/231&131 or FTS 429-6131). have been established in Arizona at Bog SUPPLEMENTARY INFORMAltON: divided between Federal and private Hole [Santa Cruz County), Research holdings. Background Ranch (Santa Cruz County), Arizona- Desert pupfish are adapted to harsh Sonora Desert Museum (Pima County), desert environments and are capable of The desert pupfish [Cyprjno&n Boyce Thompson Arboretum (Pinal mucuhhs) is a small, laterally- surviving extreme environmental County), and Arizona State University conditions. They have been reported to compressed fish with a smoothly (Maricopa County). The Bog Hole and rounded body shape. Adult fish rarely survive water temperatures in excess of Research Ranch populations are 43.3 Centigrade [llO Fahrenheit) (Moyle, grow larger than 75 millimeters (3 . believed to be derived from inches) in total length. Males are larger 1976). oxygen levels as low as 0.1 to 0.4 Quitobaquito Spring. The fish at parts per million [Lowe et al., X%7), and than females and during the Arizona-Sonora Desert Museum and reproductive season become brightlv salinities nearly twice that of seawater Boyce Thompson Arboretum were (Barlow, 1958). They are also capable of colored with blue on the dorsal portjon obtained from Dexter National Fish of the head and sides and yellow on the surviving extreme fluctuations in Hatchery, which obtained its fish from temperature (Lowe and Heath, 1969) and caudal fin and the posterior part of the the Santa Clara Slough population. Two caudal peduncle. Females and juveniles populations have been established in daily salinity changes of as much as 10 tvpically have tan to olive backs and to 15 parts per thousand (Kinne, 1960). refugia at Arizona State University, one Although desert pupfish are extremely &very sides. Most adults have narrow. derived from Quitobaquito Spring and vertical, dark bars on their sides, which the other from Santa Clara Slough. hardy in many respects, they cannot are often interrupted to give the In California. refugia populations exist tolerate competition or predation and impression of a disjunct, lateral band. at Salton Sea State Park (Riverside are thus readily displaced by exotic The desert pupfish was described in County), the Living Desert Reserve fishes. 1853 by Baird and Girard fr9.m (Riverside County), and three separate Desert pupfish mature rapidly and specimens collected in the San Pedro . locations in Anna-Borrego State Park may produce up to three generations per River of Arizona. (San Diego County). The populafions in year. Spawning males typically defend a The desert pupfish was once common Salton Sea State Park and the Living small spawning and feeding territory in in the desert springs, marshes, and Desert Reserve are derived from Salton shallow water. The eggs are usually laid tributary,streams of the lower Gila and Sea Stock. Two of the refugia and fertilized on a flocculent substrate Colorado River drainages in Arizona, populations at Anza-Borrego State Park and hatch within a few days. After a California, and Mexico. It also formerly {Palm Spring and the Visitor Center) are few hours, the young begin to feed on occurred in the slow-moving reaches of derived from the Salton Sea: the third small plants and . Spawning some large rivers, including the [Palm Canyon) is derived from San occurs throughout the spring and Colorado, Gila, San Pedro, and Santa Felipe Creek. Most of these refugia summer months. Individuals typically Crux. The species is currently known populations are maintained in highly survive for about a year. These characteristics, along with the from only two historic locations in the artificial. . environments,. . . and--. contain . United States. In California, it still exists relatively small numbers of tish. adaptability of the desert pupfish to in two Salton Sea tributaries [San Fehpe Desert pupfish are also being held at laboratory aquaria, make it a valuable Creek system and its associated Dexter National Fish Hatchery, Dexter, research for ichthyologists and 10644 Federal Re&ster / Vol. 53, No. 61 / Monday, March 31, 1966 / Rules and Regulations other biologists. A great deal has been recommendations for protecting critical introduced andxefugia populations learned from this species about fish habitat without expressing support or desert pupfish is discussed in the ecology. genetics, behavior, and opposition. background section. Continued physiology. In addition, the rapidity with Comments were received from the monitoring of the desert pupfieh and which the desert pupfish and other Arizona Game and Fish Department habitat, including Santa Clara Slough, members of the Cypr~z~o&~ (AGFD), Bureau of Land Management will be part of the recovery effort. differentiated into distinct species may (BLM) and Arizona-New Mexico BLM noted that the proposal failed give scientists valuable insights into the Chapter of the American Fisheries recognize that BLM has designated process of speciation. Society (AFS) expressing support for area around San Sebastian Marsh The precarious status of the desert listing the desert puPfish as endangered Imperial County, California, as an pupfish is recognized by the State of but recommending that introduced of Critical Environmental Concern California, which has classified the populations in all or parts of Arizona be (ACEC), and that BLM and other desert pupfish as an “endangerea’ excluded. The Service replies that the agencies are involved in cooperative species, and by the State of Arizona, reintroductions already conducted and efforts to acquire private inholdings which has included the desert pupfish those proposed in Arizona are essential within that ACEC The Service on its list of native species that are in for recovery of this species. The Service acknowledges that BLM and other danger of being extirpated from the does not believe this rule is the agencies are cooperating in efforts State. The desert pupfish was included appropriate mechanism for excluding secure the integrity of the critical in the Service’s December 30,1982. such populations from the protection habitat, and appreciates such efforts. Review of Vertebrate Wildlife for afforded by the Endangered Species Act. AGFD, BLM, and AFS expressed Listing as Endangered or Threatened When the Act was reauthorized in 1962, concern about a lack of interagency Species (47 FR 58434). In that review, the it was amended to authorize the coordination during the development desert pupfish was classified as a Secretary to designate introduced the proposed rule. The Service category 1 species, indicating that the populations, including those introduced acknowledges that some Service had substantial information on before a species is listed, as misunderstandings occurred as a hand to support a proposed rule to list experimental if circumstances warrant of differing interpretations of decisions the species as endangered or threatened. such designation. Populations that are reached at a 1961 meeting attended On April l&1983, the .Service was determined to be experimental, and not representatives of all affected agencies. petitioned by the Desert Fishes Council essential to the survival of the species, Measures have been taken to insure to list the desert pupiish. The Service pursuant to section lO[j) of the Act are adequate coordination occurs on published a notice of finding on June 14, exempt from the formal consultation future actions involving the desert 1983 (48 FR 27273) announcing that the requirements prescribed in section 7. pupfish. petition had presented substantial The 1982 Amendments to the Act also information indicating that listing may One letter of support for the be warranted. On May 181984, the provide greater flexibility with respect rulemaking, as proposed for California Service pubiished a proposed rule to list to the taking of endangered species from populations, was received from the experimental populations. Section 9 of Western Regional Office (WRO) the desert pupfish as an endangered the Act generally prohibits the taking of species and declare critical habitat (49 National Park Service (NPS]. However, FR 29739) in accordance with Section endangered species of fish and wildlife. support was withheld for the listing 4[b)(3)(B)(ii) of the Endangered Species However, experimental populations are designation of critical habitat at Act of 1973, as amended. treated as threatened species even Quitobaqu&o Spring, Arima, pending though the donor populations from the completion of ongoing studies. Summary of Comments and which they are derived are listed as WRO expressed concern that listing Recommendations endangered. If an introduced population desert pupfish would mandate single In the May 16.1984, proposed rule (49 is determind to be experimental, and species management actions for the FR 29739) and associated notifications, thereby threatened for the purposes of area, thus precluding research and all interested parties were requested to Section 9, the Secretary may impose less managemeti activities that are needed submit factual reports or information restrictive prohibitions on the take of to maintain other native species that might contribute to the development animals from that population pursuant Monument. The WRO noted that of a final rule. Appropriate State to section 4(d) of the Act. In view of the to.Quitobaquito Spring include pesticide agencies, county governments, Federal increased flexibility provided by the drift from new agricultural uses in agencies, foreign governments scientific 1982 Amendments relative to Mexico and groundwater pumping organizations, and other interested experimental populations, the Service could conceivably eliminate spring parties were contacted and requested to believes that the appropriate mechanism to that entire ecosystem. The Service comment. Newspaper notices were for responding to the concerns responds that it is not appropriate published in the Arizona Republic, the expressed by BLM, AGFD, and AFS exclude the population at Quitobaquito Tucson Citizen, and Ajo Copper News regarding the proposed introductions is Spring from the application of the on June 13,X984, and in the imperial through a separate rulemaking rule. That determination is based VaIley Press on June l&1984, which conducted pursuant to section 10(j). threats to the habitat that are cited invited general public comment. The AGFD and AFS also recommended the proposed rule and that are reiterated Service received written comments from that the final rule identify the status of by the WRO in its comments on 28 interested parties in response to these introduced populations throughout the proposal. Section 4(b)(l) of the notifications and newspaper notices. desert pupfish’s historic range. AFS Endangered Species Act specifies These comments are grouped together further recommended that a survey be determinations to list a species shall by subject matter and are discussed conducted in Santa Clara Slough to based solely on the best scientific below, together with the Service’s assess the impact that the recent high commercial data available regarding response. Four of the cornmentors flows in the Colorado River delta have status of a species. Pursuant to section expressed support for the proposed r.uIe, had on that habitat. The Service replies 4(b)(2) of the Act the Service may and one commentor submitted that the current status of all known exclude an area from critical habitat Federal Register / Vol. 51, No. 61 / Monday, March 31, 1986 [ Rule8 and Regulations 10845

~ the benefits of such exclusion outweigh CVWD and IID questioned the continued existence of the desert the benefits of inclusion, unless the validity of the simpling techniques and pupfish. The Servicb responds that some failure to designate fhe area will result methodolqgy used to estimate desert protective actions have been taken by in extinction of the species. The NPS, pupfish numbers in and around the State and Federal agencies to help however, did not provide any Salton Sea, and they viewed as spurious prevent the extinction of the desert information or data to indicate that the those reports in the literaturg that pupfish. However, the Service does not benefits of excluding Quitobaquito indicate a decline in desert pupfish believe these actions are sufficient to Spring and its riparian area outweigh abundance since 1960. They projected insure the species’ continued existence. the benefits of its inclusion as critical that the Salton Sea would contain This determination is supported by the habitat. The Service recognizes that the 239,oofJ pupfish if the population density comments of the Resources Secretary of NPS has a responsibility to conserve is only one desert pupfish per acre. On the State of California, who noted that, other native species that occur at this basis, they contended that the subsequent to State listing, CDFG has Quitobaquito Spring* but considers that threats related to predation and disease requested emergency Federal listing of listing the desert pupfish and are not adequately documented, and this critically endangered fish on three designating its critical habitat are therefore, listing of the desert pupfish as occasions. compatible with NPS conservation endangered is not justified. The Service CVWD and IID also contended that responsibilities. responds that the sampling techniques other natural or manmade factors do not Comments were received from four tised to document the decline of desert support a finding that the desert pupfish user groups expressing concern or pupfjsh in the Salton Sea and its is endangered. They commented that opposition to the proposed rule. Two of tributaries are scientifically valid. All of Hydrilla is not currently present in these, the Coachella Valley Water the published data indicate that desert desert pupfish habitat, and therefore, no District (CVWD) and Imperial Irrigation pupfish numbers in the Salton Sea have scientific basis exists for believing this District (IID] shared several concerns declined drastically in the last 20 to 30 plant is a threat to this species. They and doubted that the desert pupfish years. The two districts did not present further commented that the Service qualifies for listing under the any data to support their projection that failed to provide any scientific evidence Endangered Species Act. The two the Salton Sea may have a population of that pesticides are significantly reducing districts contended that the range of the 23!$m desert pupfish. F.or that the pupfish population or that a major desert pupfish and the amount of projection to be valid, desert pupfish pesticide spill is probable. The Service available habitat is greater today than it would have to be uniformly distributed agrees that HydrilIa is not present in was prior to the formation of the Salton throughout the Sea and have an average desert pupfish habitat, but the Service Sea in 1905. They also contended that population density of a least one desert disagrees with the conclusion that it is the construction of agricultural drains pupfish per acre. The Service does not not a potential threat. HydriIIa has around the Salton Sea and the accept the validity of either assumption. invaded many aquatic habitats and*the establishment of refugia at Anza- Historical observations indicate that the distinct possibility exists that it could Borrego State Park and other locations desert pupfish was never very common become established in the fish’s habitat. have increased the amount of desert in the open waters of the Salton Sea, If this plant does invade the ecosystem, pupfish habitat over what was available and recent collection records show the extreme control methods (mechanical, historicaliy. On this basis, they asserted desert pupfish to be extremely rare or chemical, and biological) will likely be. that the range and habitat of the desert absent from the inshore areas. In 198% recommended. As an example, CVWD pupfish is not in danger of destruction, the California Department of Fish and has proposed using grass c,arp to control significant modification, or curtailment, Game (CDFG) surveyed a variety of aquatic weed growth in the Imperial and The Service responds that the decline in Salton Sea habitats, Its surveys involved Coachella Valleys. If HydriafIa becomes the distribution and abundance of the over l3,O00 trap-hours and yielded only established in the irrigation drains and desert pupfish is well documented in the six desert pupfish. These six fish canals around the Salton Sea and grass propose4 rule. The Service rejects represented less than 0.1% of the total carp are used as a control, the carp may contentions by the two districts that the number of all fish collected. The Service compete for fqod and space with the distribution of the desert pupfish is beheves these survey data, in desert pupfish. With respect to the greater today than prior to 1905 because conjunction with the results summarized contention that pesticide drift is not a of the formation of the Salton Sea, by Black (1980), McMahon and Miller problem, the Service notes that the Although the desert pupfish was once (1985), Miller (1943), Miller (1961), and National Park Service’s comments on abundant in the Salton Sea and its Schoenherr [1980) provide adequate the proposed rule also indicate that tributaries, this species has now been documentation to support a find&g that pesticide drift from Mexico is a extirpated from all but one of its historic the desert pupfish pqpulation has significant potential threat to the habitats in Arizona, from all but one of declined and that the species is population in Quitobaquito Spring. its historic habitats in California, and endangered. The CVWD and IID commented that from all but one or two of its historic Both CVWD and IID commented that section 4(b] of the Endangered Species habitats in Mexico. existing land uses within Organ Pipe Act requires the Secretary to take into CVWD and IID noted that no Cactus National Monument are consideration the efforts being made by information is presented in the proposed controlled to insure protection of the any State, or eny political subdivision of rule to indicate that the desert pupfish is desert pupfish at that site. They also a State, to protect a species. They stated overutilized for commercial, stated that BLM and NPS have that the State of California has placed recreational, scientific, or edubational designated desert pupfish habitats as the desert pupfish on its endangered purposes. The Service responds that protected and manage them accordingly. species list and that this action provides overutilization for commercial, They noted that the State of California prohibitions against taking the fish recreational, scientific, or educational ha$ placed the desert pupfish on its without a permit, They noted that CDFG purposes is not a significant current endangered species list. On this basis, has been working with the Federal threat to the survival of the desert they contended that existing regulatory Government to establish an Area of pupfish. mechanisms are adequate to insure the Environmental Concern and an 16646 Federal Register f Vol. 51, No. 61 / Monday, March 31, 1986 1 Rules and Regulations

Outstanding Natural Area in the San from the application of the final rule, Felipe Creek is not adequate for the Felipe Creek watershed to protect the That determination is based on section conservation of the population there, th desert pupfish. They noted that desert (4)(b)(l) of the Act, which specifies that Service will consider revising the critic? pupfish have been established in refugia determinations to list a species shall be habitat. at Anza-Borrego State Park and other based solely on the best scientific and Two county agencies in California, th locations. They also noted that commercial data available. The Service Riverside County Parks Department ant Riverside, San Diego, and Imperial notes however* that incidental take of the Riverside County Planning Counties are required, under the an endangered species may be Department, submitted comments California Environmental Qua!ity Act, to authorized pursuant to section 7 or supporting the proposed rule. mitigate impacts related to development section lO[a) of the Endangered Species Dr. Robert R. Miller, University of that might adversely affect the desert Act. AMichiganMuseum of Zoology: Dr. Larry pupfish. They concluded that because of CVWD requested that the listing C. Oglesby, Pomona College: Dr. these conservation actions, the desert process be extended for six months to Jonathan Baskin, California State . pupfish is not in danger of extinction allow time for additional data to be Polytechnical University: Dr. Allan throughout all or a significant portion of obtained. The Service replies that it Schoenherr, Fu!lerton College: and Mr. its range, and, therefore, it does not does not believe that substantial J.A. St. Amand, and Mr. K.E. Moore, need to be listed as endangered. After information has been presented to show CDFG Biologists, provided personal consulting with the affected States, the that CDFG’s collection data are either observation data on the decline of Service has determined that existing insufficient or inaccurate. pupfish numbers. These biologists also conservation efforts are not adequate to A letter of support was received from provided additional support for the insure the continued existence of the the Organ Pipe Cactus National Service’s conclusions on the species, desert pup&h. That determination is b!onument. In addition, it recommended and they provided some views on other based on the comments submitted by expanding the critical habitat to be potentfal threats. Specifically, Dr. State Officials from Arizona and designated at Quitobaquito Spring to Oglesby was concerned that the California, which are summarized include a buffer zone. The Service brackish water snail of the family herein, considers the proposed critical habitat Thiaridae, a recent introduction into the IID, CVWD, and’the two other water to be sufficient to delineate the areas Salton Sea system, could compete with user groups, Imperial Dam Advisory essential to the conservation of the the pupfish for food. Mr. J.A. St. Amand Board (IDAB], and Yuma County Water desert pupfish. If future surveys indicate reported that the fish could be User’s Association (YCWUA), the existence of additional areas threatened by lining of the drains and expressed concern that listing the desert warranting designation as critical canals for water conservation and pupfish would adversely affect habitat, the Service will consider potential!y by geothermal development! operation and maintenance activities making such a designation. in the Imperial Valley. The Service associated with irrigation. In addition, Three California State agencies agrees that these factors could also YCWUA contended that the expressed support for listing the desert threaten the continued existence of the maintenance work performed by water pupfish as endangered. The Secretary of desert pupfish. related agencies has been beneficial to the State of California commented that Dr. Schoenherr also stated that based the desert pupfish because the amount he and Governor Deukmejian hilly on his survey results he believes San of usable fish habitat has been support including Cyprinodon Felipe Creek contains the only viable increased by the periodic removal of macuIarius on the Federal list of California population of. the species. Th aquatic vegetation: hence, the desert endangered species, and endorse the Service agrees that this may be true but pupIish should not be listed as designation of critical habitat as believes more study is required before i endangered. IID requested that all proposed. The CDFG supported listing final determination can be made. maintained systems currently used for the desert pupfish as endangered and Three conservation organizations, tin irrigation or the diversion of runoff or concurred with the proposed critical Desert Fishes Council (DFC], flood waters be excluded from the habitat. CDFG also noted that it had International Union for Conservation 01 application of the final rule, The Service asked the Service to list this species on Nature and Natural Resources (IUCN), responds that the dredging activities an emergency basis on three separate and Arizona Wildlife Federation (AWF carried out by water districts to occasions. The California Department of submitted comments expressing suppor maintain the irrigation drains and canals Parks and Recreation suggested that for listing the desert pupfish as around the Salton Sea have not been a Salt Creek in Imperial County should be endangered and provided additional significant factor in the recent decline of added as critical habitat and that the information or recommendations the desert pup&h. Prior to the invasion critical habitat in the San Felipe Creek concerning the proposed rule. DFC and of tilapia and sailfin mollies into these drainage should be expanded to provide AWF recommended various measures t habitats, desert pupfish were present in a buffer zone large enough to protect the protect the remaining desert pupfish large numbers and survived the districts’ hydrologic features that sustain habitats. IUCN submitted a draft data periodic dredging operations without perennial flows in San Felipe Creek and sheet on the desert pupfish, prepared fa apparent ill effect. Even though desert San Sebastian Marsh. The Service inclusion in the forthcomina IUCN Fish pupfish are now truly scarce or entirely responds that it has decided to retain Red Data Book, and indicayed that the absent from these habitats, the Service critical habitat as described in the desert pupfish will probably be recognizes that there is still some proposed rule. That determination is categorized as endangered in that potential for incidental take to occur in based on the information and publication. the course of the districts’ normal recommendations submitted by CDFG. Four conservation organizations maintenance operations. However, the If future surveys document the (Defenders of Wildlife, Desert Tortoise Service has determined that it does not occurrence of viable populations of Council, Lower Basin Native Fishes have the authority under the desert pupfish in other habitats or Subcommitiee, and Yuma Audubon Endangered Species Act to exclude the demonstrate that protection of the Society) submitted general comments districts’ irrigation drains and canals designated critical habitat along San expressing support for the proposed Federal Register / Vol. 51, No. 61 / Monday, March 1966 / Rules and Regulations * 31, 10347 /- . . . rule, but they did not provide a.ny several points that were raised by other spring habitats by the rising additional information or CVWD and IID. waters of the Salton Sea. These factors, recommendations concerning the desert in combination, have reduced pupfish pupfish or its habitat. Summary of Factors Affecting the Species numbers in most habitats to such low The Imperial County Planning levels that long-term survival prospects Department commented that the After a thorough review and are poor. California Department of Parks and consideration of all information The only known habitat in California Recreation is considering expansion of available, the Service has determined in which the desert pupfish make up a the Ocotillo Wells Recreational Area that the desert pupfish (Cyprjno&n dominant part of the fish fauna is a short and noted that off-road vehicular use in macuhius) should be classified as an reach of San Felipe Creek and two small the San Felipe Creek watershed could endangered species. Procedures found at tributaries near San Sebastian Marsh adversely affect the critical habitat, but section d(a)(l) of the Endangered (Black 1980). However, the integrity of it did not offer an opinion on the rule, Species Act [18 U.S.C. 1531 et .seq.j and this habitat is threatened by proposals The Service agrees that off-road regulations promulgated to implement to convert the privately owned lands to vehicular use may pose a threat. the listing provisions of the Act (codified irrigated agriculture. The removal of The Coachella Valley Water District, at 50 CFR Part 424; revised to large volumes of ground-water from the the Imperial Irrigation District, and the accommodate 1982 Amendments-see aquifers that feed San Felipe Creek Imperial Dam Advisory Board each 49 FR 38900, October 1,1984] were could cause the marsh to become requested that a public hearing be held followed. A species may be determined desiccated and destroy its habitat value on the proposed rule. On August 13, to be an endangered or threatened for pupfish. Geothermal development is 1984, the Service published a notice in species due to one or more of the five also a potential threat to this habitat. the Federal Register (49 FR XXWJ) factors described in section a(a)(l). Geothermal lease.applications have announcing that a public hearing was These factors and their aPPlication to been filed with the Bureau of Land scheduled to receive public input on this the desert pupfish [Cyprjnuc!on Management for some tracts in the proposal. The hearing was held in macularius) are as follows: vicinity of San Sebastian Marsh. If Imperial, California, m August 30.1984. [A] Z%epresent or threutened geothermaI energy is discovered in this Testimony was presented at this hearing destruction, modification, or curtaiIment of its habitat ur range. At the beginning area in commercially marketable by representatives of fom organizations, of the ~0th century, the desert pnpfish quantities, it is likely the privately Two of the representatives spoke in was widespread throughout the lower owned lands around San Sebastian opposition to the proposal, one spoke in Gila River and its tributaries, the San Marsh wowld be developed with adverse support of the proposal, and one spoke Pedro and Santa Cruz Rivers, and the consequences to pupfish habitat. T%e in support of expanding critical habitat lower Colorado River in Arizona, Federal lands around San Sebastian in the San Felipe Creek watershed, California, and Baja California: and Marsh have been leased for oil and gas without expressing support or Sonora, Mexico. Starting in the 1880’s exploration with a no surface occupancy opposition to the proposal as it related many desert rivers began e.xperiencing stipulation. Oil and gas development on to listing the desert pupfish as major erosional cycles that resulted in the adjacent privately owned lands endangered. A summary of the the loss of permanent waters in could adversely affect desert pupfish testimony presented at this hearing is numerous pupfish streams and the habitat, particularly if there are given below along with the Se&ice’s drying up of the shallow, littoral areas significant surface disturbances. The response. preferred by this species. Miller [1981) Federal lands around Salt Creek have The testimony of CVWD and IID was related this increase in erosion to been leased for geothermal development essentially the same as presented in the overgrazing. The construction of and oil and gas exploration. written comments that were submitted mainstream dams on the Gila, Colorado, The population in Quitobaquito Spring by the two districts regarding the and Salt Rivers for irrigation and flood is located downwind from nearby farms proposed rule. The Service has already control dewatered the lower Gila and in Mexico that are sprayed with responded to these issues..The Salt Rivers and eliminated the marshy organophosphates and chlorinated testimony of the Imperial County sidepools in the Colorado River that hydrocarbons. Recent studies of this Planning Department (ICPD] was also were utilized by desert pupfish. After population (Kynard, 1981) revealed that similar to that presented in its written this occurred, the pupfish were forced the fish in Quitobaquito Spring comments on the proposal. In addition, into the’ mainstream channels of the contained detectable levels of both ICPD noted that Imperial County remaining permanent streams where parathion and DDT derivatives in the requires a permit for water wells that they were eaten by predators or late 1970’s. Because of the extremely are drilled in Imperial County and outcompeted by native and exotic restricted range of the desert puPfish, requested the Service to notify ICPD if it species. any major accidental spills or increased becomes aware of attempts to utilize The desert puPfish is now known to levels of pesticide drift could have a water wells in the vicinity of San exist only in two locations in the United devastating impact on the entire Sebastian Marsh. ICPD requested that States, the Salton Sea area and population in Quitobaquito Spring. the critical habitat be expanded to Quitobaquito Spring. The desert pupfish B. Overutilization for commerciai, include the area described as critical in the Salton Sea area have been recreational, scientific, or educabonal ~ habitat by Lebo et cd. (1982). The Service severely reduced in numbers and purposes. A few individuals may has previously responded to the issue of distribution as the result of the occasionally be taken incidentally from whether the critical habitat in California introduction of exotic fish species, the Salton Sea by anglers collecting shouId be expand*, and will notify modifications to the water conveyance sailfin mollies (Poeciliu htipinno] fm ICPD if it becomes aware of any new facilities used for Irrigating and draining bait. However, there is no evidence that well activity in the vicinity of San agricultural lands, the application of desert pupfish are currently overutilized Sebastian Marsh. The CDFG presented agricultural pesticides, the dewatering of for any purpose. testimony in support of listing the desert some natural spring habitats by ground- C. Disease or p=dation. Several pupfish as endangared and responded to water pumping, and the inundation of known predatora and competitors of 10848 Federal Register / Vol. 51, No. 61 f Monday, March 3L 1966 / Rules and Regulations desert pupfish have become es!ablished establishment would be on desert and approximately 11 miles of stream in the natural and manmade tributaries pupfish.‘However, the extreme methods channel along San Felipe Creek and of the Salton Sea, including tilapia of chemical, mechanical, and biological of its tributaries and a riparian buffer (Tilapia mossambica and Tifapia zillii]~ control that have been used in other zone of 100 feet on both sides of the sailfin mollies, shortfin mollies (Poecilia areas where this plant has become stream channel. A riparian buffer mexicana), mosquitofish (Gambusia established would be likely to have a of 166 feet around Quitobaquito Spring affinis), pothole livebearers detrimental effect upon pupfish habitat. and at least 166 feet on each side (Poeciliposis gruci/is), and several The Service has carefully assessed the stream channel are deemed necessary members of the families , best scientific and commercial because any activities that are carried Ictaluridae, and . Desert information available regarding the past, out adjacent to these areas may pupfish populations in the Salton Sea present, and future threats faced by this direct impact on the quality of aquatic area have also bea:n infected by a species in determining to make this rule habitat for desert pupfish. Constituent parasitic copepod (anchor worm) 01 the final. Based on this evaluation, the elements for all four areas designated family Lernaidae. In Arizona, desert preferred action is to list the desert critical habitat include clean unpolluted pupfish have been displaced from .many pupfish as endangered with critical water that is relatively free of exotic of their historic spring habi!ats by habitat. The now localized distribution organisms. especially exotic fishes, largemouth bass. of this fish, competition from exotic small slow-moving desert streams Recent studies have shown that species, predation pressure, and spring pools with marshy backwater juvenile tilapia compete with desert continued adverse modifications of areas. The “Regulations Promulgation” pupfish for many of the same food items, habitat (i.e., ground-water pumping, section contains a legal description and that adult tilapia prey on fish and pesticide applications, and changes in the critical habitat. fish eggs. Field and laboratory water conveyance facilities] indicate it The areas being designated as observations have revealed that tilapia is imminently threatened with habitat satisfy all known criteria a!so interfere with the reproductive extinction. Therefore, endangered ecologica!, behavioral, and physiological behavior of desert pupfish (Schoenherr, classification is warranted. requirements of the species. The ~~80).The extent to which this type of Critical Habitat successfu!ly reproduces in Quitobaquito interference has suppressed pupfish Spring and the designated reaches Critical habitat, as defined by Section San Felipe Creek, Carrizo Wash, reproduction is not known. Largemouth 3 of the Act means: (i) the specific areas bass are voracious predators that are Fish Creek Wash. These areas also within the geographical area occupied provide adequate food and cover. capable of ebmina!ing pupfish by a species, at the time it is listed in completely from small spring habitats accordance with the Act, on which are Perhaps most importantly, these are also isolated OF at least partially (Miller and Pister, 1971). found those physical or biological D. The inadequacy of exkti-7:; features (I) essential to the ccnservation isolated from predatory and competing rcplatory mechanisms. California State of the species and (II) that may require exotic fishes. Because the desert law (The Endangered Species Act of special management considera?ions or is non-migratory, the areas it inhabits 1970, Chapter 1516, Stats. 1976] prohibits protection, and (ii] specific areas outside must fulfill all the requisites for survival the taking of desert pupfish without a the geographical area occupied by the and successful reproduction. permit. That !aw was recently amended species at the time it is listed, upon a Section 4(b)@) requires, for any (Chapter 1~40, Stats. 19w) to require determination that such areas are proposed OF final regulation that State agencies to consult wi!h CDFG on essential for the conservation of the designates critical habitat, a brief State projects that may affect State species. description and evaluation of those listed species. However, few of the Section 4(a](3) of the Act requires that activities (public OF private) which activities that pose a threat to the desert critical habitat be designated to the adversely modify such habitat or pupfish in California are likely to require maximum extent prudent and be affected by such designation. State agency approval. Hence, drterminable concurrently with the should be e‘mphasized that critical California’s endangered species law determination that a species is habitat designation may not affect does not provide an adequate regulatory endangered or threatened. Recent status of the activities listed below, as mechanism to protect the remaining surveys have been instrumental in habitat designation affects only desert pupfish habitats. The Service is assessing essential habitat and the agencies through section 7 of the not aware of any regulatory mechanisms present condition of the desert pupfish. 1. Withdrawal of water either that have been established to protect the Overcollection is not the primary threat OF indirectly from San Sebastian surviving Mexican populations and their facing the desert pupfish. For these could destroy or reduce the suitabibty habitats, or to alleviate the threats to.the reasons the Service does not believe this habita? for desert pupfish. Quitobaquito Spring population that are that determining critical habitat for the Z. Stocking of additional exotic associated with aerial pesticide desert pupfish will contribute to a other non-endemic species into waters spraying and increased ground-water further decline in the species: hence, within the critical habitat, or into pumping in Mexico. critical habitat is designated by this through which such fish may gain E. Other nafuraI or manmade factors rule. Critical habitat is being designated to the critical habitat, may introduce. a@cting its continued exisfence. The for the desert pupfish at Quitobaquito parasites and increase the incidence exotic aquatic weed, Hydrilla Spring, Organ Pipe Cactus National predation on desert pupfish. verticillata, was recently introduced Monument, Pima County, Arizona, and 3. Other activities (which, though into the All American Canal. This plant along portions of San Felipe Creek, anticipated at this time, could is capable of spreading rapidly and is Carrizo Wash, and Fish Creek Wash, conceivably occur in the foreseeable very difficult to control. Consequently, it Imperial County, California. The areas future) could also reduce the habitat’s is possible that this aquatic weed may designated as critical habitat include suitability for desert pupfish. These soon find its way into habitats that approximately one-half acre of aquatic activities include geothermal support desert pupfish. It is not known habitat at Quitobaquito Spring and a 106 development, oil or gas development, what the direct effect of its foot riparian buffer around the spring, stream channelization, intensive Federal Register / Vol. 51, No. 61 / Monday, March 31, 1986 / Rules and Regulations 19949 ,,-- recreational use, and the siting of codified at 50 CFR Part 402 and are now Executive Order 12291 and certifies that ” transmission lines, roads, canals, or under revision (see proposal at 48 FR this designation will not have a irrigation drains within the designated 29999; June 29,1963]. Section 7(a)(2) significant economic effect on a areas. requires Federal agencies to ensure that substantial number of small entities Section 4[b)[2) of the Act requires the activities they authorize, fund, or carry under the Regulatory Flexibility Act [5 Service to consider economic and other out are not likely to jeopardize the U.S.C. 601 et seq.). impacts of designating a particular area continued existence of a listed species Land use in the critical habitat is as critical habitat. The Service has or to destroy or adversely modify its curgently limited to recreation, scientific considered the critical habitat critical habitat. If a Federal action may research, and oil and gas leasing. The designation in light of relevant affect a listed species or its critical public lands adjacent to the critical additional information obtained and habitat, the responsible Federal agency habitat were recently leased for concludes that no significant economic must enter into formal consultation with geothermal exploration. The potential or other impacts are expected to result the Service. Federal activities that may for geothermal or oil and gas from the critical habitat designation. affect the desert pupfish and its habitat development in the area is considered to The designation of critical habitat is in the future were previously discussed be low in view of the negative results apparently compatible with NPS in the “Critical Habitat” section of this obtained from nearby test wells. The conservaGon objectives for Organ Pipe rule. management objectives of NPS and Cactus National Monument. Some ThwAct and its implementing BLM, for those portions of critical geothermal and oil and gas leases have regulations found at 50 CFR 17.21 set habitat within Organ Pipe Cactus been issued by BLM within or in the forth a series of general prohibitions and National Monument and the San vicinity of the critical habitat area in exceptions that apply to all endangered Sebastian Marsh/San Felipe Creek California. BLM, however, has informed wildlife. These prohibitions, in part, ACEC, respectively, are compatible with the Service that it does not expect that make it illegal for any person subject to the designation of @tical habitat There geothermal or oil and gas exploration the jurisdiction of the United States to iG also no known involvement of Federal and development will occur in the take, import or export, ship in interstate funds or permits for the private land foreseeable future. BLM’s current commerce in the course of a commercial included as critical habitat. No other management of the portion of critical activity, or sell or offer for sale in Federal activities are presently known habitat within the San Sebastian Marsh/ interstate or foreign commerce any or anticipated that would adversely San Felipe Creek ACEC and interagency listed species. It also is illegal to affect or be adversely affected by the land exchange efforts in progress since possess, sell, deliver, carry, transport, or critical habitat designation. Therefore, 1960 are also apparently compatible ship any such wildlife that had been no significant economic or other impacts with the critical habitat designation. in taken illegally. Certain exceptions apply are expected to result from the critical addition, there is no known involvement to agents of the Service and State habitat designation for the desert of Federal funds or permits for the conservation agencies. pupfish. In addition, no direct costs, private land included in the critical Permits may be issued to carry out habitit designation. For these reasons, otherwise prohibited activities involving enforcement costs, or information no adjustments to the boundaries of the endangered wildlife species under collection or recordkeeping proposed critical habitat were certain circumstances. Regulations requirements are imposed on small warranted. governing permits are at 50 CFR 17.22 entities by this designation. These and 17.23. Such permits are available for determinations are based on a Available Conservation Measures scientific purposes, to enhance the Determination of Effects that is Conservation measures provided to propagation or survival of the species, available at the Regional Office, U.S. species listed as endangered or and/or for incidental take in connection Fish and Wildlife Service, 5OO N.E. threatened under the Endangered with otherwise lawful activities. In some Muhnomah Street, Suite 1692. Portland, Species Act include recognition, instances, permits may be issued during Oregon 97232. recovery actions, requirements for a specified period of time to relieve Literature Cited Federal protection, and prohibitions undue economic hardship that would be against certain practices. Recognition suffered if such relief were not Barlow, G.W 1956. High salinity mortality of through listing encourages and results in available. desert pupfish, Cypmodon moculorius conservation actions by Federal, State, Copeia 1956231-232. and private agencies, groups, and National Environmental PoIicy Act Black, G.F. 1960. Status of the desert pupfish. individuals. The Endangered Species The Fish and Wildlife Service has Cyprinodon moculorius (Baird and Girard], Act provides for possible land determined that an Environmental in California. State of California, acquisition and cooperation with the Department of Fish and Game, Inland Assessment as defined by the National Fisheries Endangered Species Program. States and requires that recovery Environmental Policy Act of 1969, need actions be carried out for all listed Special Publ. 60-l. 42 pp. not be prepared in connection with Kinne. 0.1960. Growth, food intake, and food species. Such actions are initiated by the regulations adopted pursuant to section conversion in a euryplastic fish exposed to Service following listing. The protection 4(a) of the Endangered Species Act of different temperatures and salinities. required of Federal agencies and the 1973. as amended. A notice outlining the Physioi. Zool. 33:2&317 prohibitions against taking and harm are Service’s reasons for this determination Kynard. B.E. 1961. Study of Quitobaquito discussed, in part, below. was published in the Federal Register on pupfish: systematics and preservation. . Section 7(a) of the Act, as amended, October 25.1963 (46 FR 49244). Final Report, National Park Service No. requires Federal agencies to evaluate PX-61-215.16 pp. their actions with respect to any species Regulatory Flexibility Act and Executive Order 12291 Lebo, A., L. Nitikman, and C. Salmen [eds.] that is proposed or listed as endangered 1962. San Sebastian Marsh, a resource or threatened and with respect to its The Department of the Interior has survey and management plan, Imperial critical habitat. Regulations determined that designation of critical County. California. Publ. No. 9. implementing this interagency habitat for this species will not Environmental Field Program. Univ. cooperation provision of the Act are constitute a major action under California, Santa Crux. 322 pp. 108!io Federal Register / Vol. 51, No. 61 / Monday, March 31, 1986 / Rules and Regulations

Lowe, C.H., and W.G. Heath. 1969. Behavioral and around the Salton Sea. Imperial and Regulations Promulgation and physiological responses to temperature Riversid? Counties. Memorandum to in the desert pupFish* Cyprinodon Fisheries Management, Region 5, California PART 17+AiENDED] macularius. Physiol. 2001 42:53-59. Dept. Fish and Game. 5 pp. Lowe, C.H., D.S. Hinds, and E.A. Halpern, Moyle, P.B. 1976. Inland fishes of California. lQ67. Experimental catastrophic selection Accordingly, Part 17, Subchapter I3 of Univ. California Press:, Berkeley. 405 pp. and tolerances to low oxygen Chapter I, Title 50 of the Code of Federal concentrations in native Arizona Schoenherr, A.A. 1980. The role of competition in the replacement of native Regulations, is amended as set forth freshwater fishes. Ecology 48:1013-1017. below: McMahon, T.E.. and R,R. Miller. 1985. Status fishes by introducedspecies. In R.J. of the fishes of the Rio Sonoyta basin, Naiman and D.L. Soitz [eds.). Fishes in 1. The authority citation for Part 17 Arizona and Sonora. Mexico. Proc. Desert North American deserts. Pp. 173-203. John continues to read as follows: Fishes Council. Vol. 14. (In Press). Wiley and Sons, New York. Miller. R.R. 1943. The status of Cypr;noo%n Authority: Pub. L. 93-205, 87 Stat. 884: Pub. Authors macalarias and Cyprjnodon neyadensis, L. 94-359,QO Stat. 911; Pub. L. 95-632,92 Stat. two desert fishes of western North The primary authors of this rule are 3751:Pub. L. 96159,93 Slat. 1225: Pub. L. 97- America. Oct. Pap. Mus. Zool. Univ. 304, 96 Stat. 1411 [16 U.S.C. 1531 et seq.]. Michigan. 437~1.25. Mr. Edward M. Lorentzm and Dr. Kathleen E. Franzreb, Sacramento ~. 1961. Man and the changing fish Z. Amend 3 17.11(h) by adding the fama of th& American Southwest. Endangered Species Office, U.S. Fish Michigan. .4cad, Sci.. Art% and L&t. 46:365- and Wildlife Service, 2800 Cottage Way, following. in alphabetical order under 404. Room E-1823, Sacramento. California ‘*FISHES,” to the List of Endangered and Miller, R.R.. and E.P.-Pister. 1971. 95825 (916/4844935 or Fl% 466-4Q35). Threatened Wildlife: Management of the , Cyprinadon radiosus, in Mono County, List of Subjects in 50 CFR Part 17 , 5 17.11 Endangered and threatened California. Trans. Amer. Fish. Sot. lm502- witdlife. 509. Endangered and threatened wildlife, Moore, K.E. 1983. Results of two fisheries Fish, Marine mammals, Plants surveys of the desert pupfish resource in (agriculture).

-. f c-&s . . . . B Pwftsh. desmI ,.. Cy~rmodon macuimm U.S.A. (AZ, CA) Mama ...... Enlue E 222 17.95&e) NA ......

3. Amend 3 17.95[e) by adding critical intersection of Hwy. 78 and Hwy. 86) habitat for the desert pupfish as follows: upstream to the eastern boundary of Section The positions of this entry under 31, TlZS: RlOE: including those areas of the 5 17.95(e) will follow the same sequence stream channel in: TlZS RllE Section 17q 18, as the species occurs in 17.11. and 19; TlZS: RlOE Section 22, 23, 24, 26, 27. 2Bv 29, and 32. 2. Carrizo Wash. Approximately 1% 5 17.95 Critical habitat-fish and wildllfe. stream miles and 100 feet on either side of or the stream channel commencing at the [e) l -* l OUITO~AWITO confluence of Carrizo Wash with San Felipe MANAGEMENT AREA Creek upstream to the southern boundary of + l * . l N% Section 3% Tl% RI@ in&ding those areas of the stream channel in Tl2S RI- Desert Pupfish (Cyprinodon macu/arius) Section 27, 28, and N% Section 33. 3. Fish Cnt?ek Wash. Approximately three- Arizona: Pima County. fourths of one stream mile and 100 feet on itornia: Imperial County. either side of the stream channel from the 1. Q&abaquito Spring, approximately 2!i 1. San Fe)ipe Creek. Approximately 8# confluence of Fish Creek Wash 4th San miles-WNW Lukeville. Arizona in Organ Pipe stream miles and 108 feet on either side of Felipe Creek upstream to the southern Cactus National Monument, in Tl7S R6N; and San Felipe Creek or the stream channel boundary of N% Section 3% Tl2% RlOE a lO&foot riparian buffer zone around the commencing at the State Highway 86 bridge including those areas of the stream channel spring. crossing (approximately % mile south of in Tl23 RlOE: Section 29 and N% Section 32. Federal Register / Vol. 51, No. 61 / Monday, March 31, 1986 1 Rules and Regulations 10851

Constituent elements for all four areas designated as critical habitat include clean unpolluted water that is relatively free of exotic organisms, especially exotic fishes, in small slow-moving desert streams and spring pools with marshy backwater areas. . . l l l l Date& February 28,19&X P. Daniel Smith, Deputy Assistant SecretaT for Fish and Wildlife and Parks. [FR Dot. g64t80 Filed 348-86; 845 am] elulffi CODE4slo-SS-N

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