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Department of the Interior Vol. 77 Thursday, No. 36 February 23, 2012 Part II Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Endangered Status and Designations of Critical Habitat for Spikedace and Loach Minnow; Final Rule VerDate Mar<15>2010 17:28 Feb 22, 2012 Jkt 226001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\23FER2.SGM 23FER2 mstockstill on DSK4VPTVN1PROD with RULES2 10810 Federal Register / Vol. 77, No. 36 / Thursday, February 23, 2012 / Rules and Regulations DEPARTMENT OF THE INTERIOR agreement. With the change in status for December 27, 2010. On October 4, 2011 the species, the special rules for each (76 FR 61330), we published a revised Fish and Wildlife Service species will be removed from the Code proposed rule, announced the of Federal Regulations. In total, availability of a draft economic analysis 50 CFR Part 17 approximately 1,013 kilometers (630 and environmental assessment of the [Docket No. FWS–R2–ES–2010–0072; miles) are designated as critical habitat proposed designations, and announced 4500030114] for spikedace and 983 kilometers (610 the scheduling of a public information miles) are designated as critical habitat session and public hearing. Our October RIN 1018–AX17 for loach minnow in Apache, Cochise, 4, 2011, notice also reopened the Gila, Graham, Greenlee, Pinal, and comment period on the revised Endangered and Threatened Wildlife Yavapai Counties, Arizona, and Catron, proposed rule and uplisting for an and Plants; Endangered Status and Grant, and Hidalgo Counties in New additional 30 days, until November 3, Designations of Critical Habitat for Mexico. Of this area, approximately 853 2011. Spikedace and Loach Minnow kilometers (529 miles) are designated for Spikedace AGENCY: Fish and Wildlife Service, both species, with an additional 162 Interior. kilometers (100 miles) for spikedace The spikedace is a member of the minnow family Cyprinidae, and is the ACTION: Final rule. only and an additional 130 kilometers (81 miles) for loach minnow only. We only species in the genus Meda. The SUMMARY: We, the U.S. Fish and have excluded from this designation of spikedace was first collected from the Wildlife Service (Service), change the critical habitat: portions of the upper San Pedro River in 1851. The spikedace status of spikedace (Meda fulgida) and San Pedro River in Arizona based on is a small, slim fish less than 75 loach minnow (Tiaroga cobitis) from potential impacts to national security at millimeters (mm) (3 inches (in)) in threatened to endangered under the Fort Huachuca; Tribal lands of the length (Sublette et al. 1990, p. 136). Endangered Species Act of 1973, as White Mountain Apache Tribe, San Spikedace have olive-gray to brownish amended (Act). With this rule we are Carlos Apache Tribe, and the Yavapai- skin, with silvery sides and vertically also revising the designated critical Apache Nation in Arizona; and private elongated black specks. Spikedace have habitats for both species. These changes lands owned by Freeport-McMoRan in spines in the dorsal fin (Minckley 1973, fulfill our obligations under a settlement Arizona and New Mexico. pp. 82, 112, 115). agreement. Spikedace are found in moderate to Background large perennial streams, where they DATES: This rule becomes effective on inhabit shallow riffles (those shallow March 26, 2012. It is our intent to discuss in this final rule only those topics directly relevant portions of the stream with rougher, ADDRESSES: This final rule and the to the development and designations of choppy water) with sand, gravel, and associated final economic analysis and critical habitat for the spikedace and the rubble substrates (Barber and Minckley environmental assessment are available loach minnow under the Act (16 U.S.C. 1966, p. 31; Propst et al. 1986, p. 12; on the Internet at http:// 1531 et seq.). For more information on Rinne and Kroeger 1988, p. 1; Rinne www.regulations.gov. Comments and the biology and ecology of the spikedace 1991, pp. 8–10). Specific habitat for this materials received, as well as supporting and the loach minnow, refer to the final species consists of shear zones where documentation used in preparing this listing rule published in the Federal rapid flow borders slower flow; areas of final rule, are available for public Register on July 1, 1986, for spikedace sheet flow at the upper ends of inspection, by appointment, during (51 FR 23769), and October 28, 1986, for midchannel sand or gravel bars; and normal business hours, at the U.S. Fish loach minnow (51 FR 39468); the eddies at downstream riffle edges and Wildlife Service, Arizona Ecological previous critical habitat designations (Rinne 1991, p. 11; Rinne and Kroeger Services Office, 2321 W. Royal Palm (72 FR 13356, March 21, 2007); and our 1988, pp. 1, 4). Recurrent flooding and Road, Suite 103, Phoenix, AZ 85021; 1991 final recovery plans, which are a natural flow regime are very important telephone 602–242–0210; facsimile available from the Arizona Ecological in maintaining the habitat of spikedace 602–242–2513. Services Office (see ADDRESSES section). and in helping maintain a competitive FOR FURTHER INFORMATION CONTACT: For information on spikedace and loach edge over invading nonnative aquatic Steve Spangle, Field Supervisor, U.S. minnow critical habitat, refer to the species (Propst et al. 1986, pp. 76–81; Fish and Wildlife Service, Arizona proposed rule to designate critical Minckley and Meffe 1987, pp. 97, 103– Ecological Services Office, 2321 W. habitat for the two species published in 104). Royal Palm Road, Suite 103, Phoenix, the Federal Register on October 28, The spikedace was once common AZ 85021; telephone 602–242–0210; 2010 (75 FR 66482). A notice of throughout much of the Gila River facsimile 602–242–2513. If you use a availability regarding changes to the basin, including the mainstem Gila telecommunications device for the deaf proposed rule and information on the River upstream of Phoenix, and the (TDD), call the Federal Information associated draft economic analysis and Verde, Agua Fria, Salt, San Pedro, and Relay Service (FIRS) at 800–877–8339. draft environmental assessment for the San Francisco subbasins. Habitat SUPPLEMENTARY INFORMATION: proposed rule to designate revised destruction and competition and critical habitat was published in the predation by nonnative aquatic species Executive Summary Federal Register on October 4, 2011 (76 reduced its range and abundance (Miller In this final rule, we are changing the FR 61330). 1961, pp. 365, 377, 397–398; Lachner et status of spikedace and loach minnow al. 1970, p. 22; Ono et al. 1983, p. 90; from threatened to endangered under Previous Federal Actions Moyle 1986, pp. 28–34; Moyle et al. the Act. We also are revising our Previous Federal actions prior to 1986, pp. 416–423; Propst et al. 1986, designations of critical habitat for both October 28, 2010, are outlined in our pp. 82–84). Spikedace are now species. We are under undertaking these proposed rule (75 FR 66482), which was restricted to portions of the upper Gila actions pursuant to a settlement published on that date. Publication of River (Grant, Catron, and Hidalgo agreement and publication of this action the proposed rule opened a 60-day Counties, New Mexico); Aravaipa Creek will fulfill our obligations under that comment period which closed on (Graham and Pinal Counties, Arizona); VerDate Mar<15>2010 17:28 Feb 22, 2012 Jkt 226001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\23FER2.SGM 23FER2 mstockstill on DSK4VPTVN1PROD with RULES2 Federal Register / Vol. 77, No. 36 / Thursday, February 23, 2012 / Rules and Regulations 10811 Eagle Creek (Graham and Greenlee inadequate to detect a sparse Mexico) (Miller 1998, pp. 4–5; ASU Counties, Arizona); and the Verde River population. 2002; Carter 2005, pp. 1–5; Carter, (Yavapai County, Arizona) (Marsh et al. Population estimates have not been 2008b, pers. comm.; Clarkson et al. 1990, pp. 107–108, 111; Brouder, 2002, developed as a result of the difficulty in 2008, pp. 3–4; Robinson 2009c, p. 3); pers. comm.; Stefferud and Reinthal detecting the species, the sporadic • Aravaipa Creek and its tributaries, 2005, pp. 16–21; Paroz et al. 2006, pp. nature of most surveys, and the Turkey and Deer Creeks (Graham and 62–67; Propst 2007, pp. 7–9, 11–14; difference in surveying techniques that Pinal Counties, Arizona) (Stefferud and Reinthal 2011, pp. 1–2). have been applied over time. Based on Reinthal 2005, pp. 16–21); In 2007, spikedace were translocated the available maps and survey • Eagle Creek (Graham and Greenlee into Hot Springs and Redfield Canyons, information, we estimate the present Counties, Arizona), (Knowles 1994, pp. in Cochise County, Arizona, and these range for spikedace to be approximately 1–2, 5; Bagley and Marsh 1997, pp. 1– streams were subsequently augmented 10 percent or less of its historical range, 2; Marsh et al. 2003, pp. 666–668; Carter (Robinson 2008a, pp. 2, 6; Robinson, and the status of the species within et al. 2007, p. 3; Bahm and Robinson 2008b, pers. comm.; Orabutt, 2009 pers. occupied areas ranges from common to 2009a, p. 1); comm.; Robinson 2009a, pp. 2, 5–8). very rare. Data indicate that the • The North Fork East Fork Black (We use the term ‘‘translocate’’ to population in New Mexico has declined River (Apache and Greenlee Counties, describe stocking fish into an area in recent years (Paroz et al. 2006, p. 56). Arizona) (Leon 1989, pp. 1–2; Lopez, where suitable habitat exists, but for Historical and current records for 2000, pers. comm.; Gurtin, 2004, pers. which there are no documented spikedace are summarized in three comm.; Carter 2007b, p. 2; Robinson et collections.) Both Hot Springs and databases (ASU 2002, AGFD 2004, al.
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