Boulder Darter and Spotfin Chub
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61774 Federal Register / Vol. 69, No. 203 / Thursday, October 21, 2004 / Proposed Rules assessment according to the standard spotfin chub (Cyprinella (=Hybopsis) The comments and materials we listed in the second column. monacha), into their historical habitat receive during the comment period will in Shoal Creek, Lauderdale County, be available for public inspection, by Threat Standard Alabama, and Lawrence County, appointment, during normal business Tennessee. Based on the evaluation of hours at our Tennessee Field Office: External corrosion ..... § 192.925 species’ experts, these species currently U.S. Fish and Wildlife Service, 446 Neal Internal corrosion in § 192.927 pipelines that trans- do not exist in this reach or its Street, Cookeville, Tennessee, 38501. If port dry gas. tributaries. These two fish are being you wish to request a public hearing, Stress-corrosion § 192.929 reintroduced under section 10(j) of the you may mail or hand deliver your cracking. Endangered Species Act of 1973, as written request to the above address. amended (Act), and would be classified FOR FURTHER INFORMATION CONTACT: 3. The authority citation for Part 195 as a nonessential experimental Timothy Merritt, U.S. Fish and Wildlife continues to read as follows: population (NEP). Service, 446 Neal Street, Cookeville, Authority: 49 U.S.C. 5103, 60102, 60104, The geographic boundaries of the Tennessee 28801, telephone (931) 528– 60108, 60109, 60118; and 49 CFR 1.53. proposed NEP would extend from the 6481, Ext. 211, facsimile (931) 528– 4. Add § 195.588 to read a follows: mouth of Long Branch, Lawrence 7075, or e-mail at County, Tennessee (Shoal Creek mile [email protected]. § 195.588 What standards apply to direct (CM) 41.7 (66.7 kilometers (km)), SUPPLEMENTARY INFORMATION: assessment? downstream to the backwaters of the If you use direct assessment on an Wilson Reservoir at Goose Shoals, Background onshore pipeline to evaluate the effects Lauderdale County, Alabama 1. Legislative of a threat in the first column or to meet (approximately CM 14 (22 km)), and any requirement of this subpart would include the lower 5 CM (8 km) Congress made significant changes to regarding that threat, you must carry out of all tributaries that enter this reach. the Act in 1982 with the addition of the direct assessment according to the These proposed reintroductions are section 10(j), which provides for the standard listed in the second column. recovery actions and are part of a series designation of specific reintroduced of reintroductions and other recovery populations of listed species as Threat Standard actions that the Service, Federal and ‘‘experimental populations.’’ Previously, State agencies, and other partners are we had authority to reintroduce External corrosion ..... § 192.925 of this populations into unoccupied portions of chapter. conducting throughout the species’ historical ranges. This proposed rule a listed species’ historical range when Stress-corrosion § 192.929 of this doing so would foster the species’ provides a plan for establishing the NEP cracking. chapter. conservation and recovery. However, and provides for limited allowable legal local citizens often opposed these taking of the boulder darter and spotfin Issued in Washington, DC, on October 14, reintroductions because they were chub within the defined NEP area. 2004. concerned about the placement of Stacey L. Gerard, DATES: We will consider comments on restrictions and prohibitions on Federal Associate Administrator for Pipeline Safety. this proposed rule that are received by and private activities. Under section December 20, 2004. Requests for a [FR Doc. 04–23551 Filed 10–20–04; 8:45 am] 10(j) of the Act, the Secretary of the public hearing must be made in writing BILLING CODE 4910–60–P Department of the Interior can designate and received by December 6, 2004. reintroduced populations established ADDRESSES: You may submit comments outside the species’ current range, but DEPARTMENT OF THE INTERIOR and other information, identified by RIN within its historical range, as 1018–AH44, by any of the following ‘‘experimental.’’ Based on the best Fish and Wildlife Service methods: scientific and commercial data • Federal eRulemaking Portal: http:// available, we must determine whether 50 CFR Part 17 www.regulations.gov. Follow the experimental populations are instructions for submitting comments. ‘‘essential,’’ or ‘‘nonessential,’’ to the RIN 1018–AH44 • Mail or Hand Delivery: Field continued existence of the species. Supervisor, U.S. Fish and Wildlife Regulatory restrictions are considerably Endangered and Threatened Wildlife Service, Tennessee Field Office, 446 reduced under a Nonessential and Plants; Establishment of a Neal Street, Cookeville, Tennessee, Experimental Population (NEP) Nonessential Experimental Population 38501. designation. for Two Fishes (Boulder Darter and • Fax: (931) 528–7075. Without the ‘‘nonessential Spotfin Chub) in Shoal Creek, • E-mail: [email protected]. experimental population’’ designation, Tennessee and Alabama Include ‘‘Attn: Shoal Creek NEP’’ in the the Act provides that species listed as AGENCY: Fish and Wildlife Service, subject line of the message. endangered or threatened are afforded Interior. Instructions: All submissions received protection primarily through the ACTION: Proposed rule. must include the agency name and prohibitions of section 9 and the Regulatory Information Number (RIN) requirements of section 7. Section 9 of SUMMARY: We, the U.S. Fish and for this rulemaking. Please include your the Act prohibits the take of an Wildlife Service (Service), in name and return address in the body of endangered species. ‘‘Take’’ is defined cooperation with the States of your message. Please see the Public by the Act as harass, harm, pursue, Tennessee and Alabama and with Comments Solicited section below for hunt, shoot, wound, trap, capture, or Conservation Fisheries, Inc., a nonprofit file format and other information about collect, or attempt to engage in any such organization, propose to reintroduce one electronic filing. In the event that our conduct. Service regulations (50 CFR federally listed endangered fish, the internet connection is not functional, 17.31) generally extend the prohibitions boulder darter (Etheostoma wapiti), and please contact the Service by the of take to threatened wildlife. Section 7 one federally listed threatened fish, the alternative methods mentioned above. of the Act outlines the procedures for VerDate jul<14>2003 15:26 Oct 20, 2004 Jkt 205001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\21OCP1.SGM 21OCP1 Federal Register / Vol. 69, No. 203 / Thursday, October 21, 2004 / Proposed Rules 61775 Federal interagency cooperation to jeopardize the continued existence of a Morgan Counties, Tennessee; the conserve federally listed species and species proposed to be listed. The Holston River and its tributary, North protect designated critical habitat. It results of a conference are advisory in Fork Holston River, Hawkins and mandates all Federal agencies to nature and do not restrict agencies from Sullivan Counties, Tennessee, and Scott determine how to use their existing carrying out, funding, or authorizing and Washington Counties, Virginia (U.S. authorities to further the purposes of the activities. Fish and Wildlife Service 1983; P. Act to aid in recovering listed species. Individuals that are used to establish Shute, TVA, pers. comm. 1998). It also states that Federal agencies will, an experimental population may come Since the mid-1980s, Conservation in consultation with the Service, ensure from a donor population, provided their Fisheries, Inc. (CFI), a nonprofit that any action they authorize, fund, or removal will not create adverse impacts organization, with support from us, the carry out is not likely to jeopardize the upon the parent population, and Tennessee Wildlife Resources Agency continued existence of a listed species provided appropriate permits are issued (TWRA), U.S. Forest Service, National or result in the destruction or adverse in accordance with our regulations (50 Park Service, Tennessee Valley modification of designated critical CFR 17.22) prior to their removal. In the Authority (TVA), and Tennessee habitat. Section 7 of the Act does not case of the boulder darter and spotfin Aquarium, has successfully affect activities undertaken on private chub, the donor population is a captive- translocated, propagated, and land unless they are authorized, funded, bred population, which was propagated reintroduced the spotfin chub and three or carried out by a Federal agency. with the intention of re-establishing other federally listed fishes (smoky For purposes of section 9 of the Act, wild populations to achieve recovery madtoms, yellowfin madtoms, and a population designated as experimental goals. In addition, it is possible that duskytail darters) into Abrams Creek, is treated as threatened regardless of the wild adult stock could also be released Great Smoky Mountains National Park, species’ designation elsewhere in its into the NEP area. Blount County, Tennessee. These fish range. Through section 4(d) of the Act, historically occupied Abrams Creek 2. Biological Information threatened designation allows us greater prior to an ichthyocide treatment in the discretion in devising management The endangered boulder darter is an 1950s. An NEP designation for Abrams programs and special regulations for olive to gray colored fish that lacks the Creek was not needed since the entire such a population.