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Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Topeka Shiner; Proposed Rule

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Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Topeka Shiner; Proposed Rule University of Nebraska - Lincoln DigitalCommons@University of Nebraska - Lincoln Endangered Species Bulletins and Technical Reports (USFWS) US Fish & Wildlife Service 8-21-2002 Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Topeka Shiner; Proposed Rule Follow this and additional works at: https://digitalcommons.unl.edu/endangeredspeciesbull Part of the Biodiversity Commons "Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Topeka Shiner; Proposed Rule" (2002). Endangered Species Bulletins and Technical Reports (USFWS). 37. https://digitalcommons.unl.edu/endangeredspeciesbull/37 This Article is brought to you for free and open access by the US Fish & Wildlife Service at DigitalCommons@University of Nebraska - Lincoln. It has been accepted for inclusion in Endangered Species Bulletins and Technical Reports (USFWS) by an authorized administrator of DigitalCommons@University of Nebraska - Lincoln. Wednesday, August 21, 2002 Part II Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Topeka Shiner; Proposed Rule VerDate Aug<16>2002 23:00 Aug 20, 2002 Jkt 197001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\21AUP2.SGM pfrm20 PsN: 21AUP2 54262 Federal Register / Vol. 67, No. 162 / Wednesday, August 21, 2002 / Proposed Rules DEPARTMENT OF THE INTERIOR and, Madison, NE, on September 12, streams exhibit perennial flow; 2002. We will start all meetings however, some become intermittent Fish and Wildlife Service promptly at 6 p.m. and end them no during summer or periods of prolonged later than 9 p.m. (See ‘‘Public Hearings drought. At times when surface flows 50 CFR Part 17 and Meetings’’ section for times and cease, pool levels and moderate water RIN 1018–AI20 locations.) temperatures are maintained by ADDRESSES: Send your comments on the percolation through the streambed or Endangered and Threatened Wildlife proposed rule to the Kansas Ecological groundwater seepage. The predominant and Plants; Designation of Critical Services Field Office, U.S. Fish and substrate types within these streams are Habitat for the Topeka Shiner Wildlife Service, 315 Houston Street, gravel, cobble, and sand; however, Suite E, Manhattan, KS 66502. The bedrock and clay hardpan overlain by a AGENCY: Fish and Wildlife Service, layer of silt are not uncommon Interior. complete file for the proposed rule will be available for public inspection, by (Minckley and Cross 1959). Recently in ACTION: Proposed rule. northern portions of the species’ range, appointment, during normal business the Topeka shiner has been found to SUMMARY: We, the U.S. Fish and hours at the above address. Copies of exist at some stream sites with degraded Wildlife Service (Service), propose the proposed rule are available by water quality and habitat quality, designation of critical habitat pursuant writing to the above address or by characterized by moderately high to the Endangered Species Act of 1973, connecting to the Service internet web turbidity and thick deposits of fine as amended (Act), for the Topeka shiner site at ‘‘http://mountain-prairie.fws.gov/ sediments, respectively (Hatch, (Notropis topeka). This proposal is topekashiner/ch.’’ University of Minnesota, pers. comm. made in response to a court settlement FOR FURTHER INFORMATION CONTACT: 2000; Berry, South Dakota State in Biodiversity Legal Foundation et al. v. Vernon Tabor, Kansas Ecological University, pers. comm. 2000). At Ralph Morganweck et al. C00–D–1180, Services Field Office, at the above present, it is unknown whether the committing the Service to submit for address; telephone (785) 539–3474, species utilizes these sites year-round or publication in the Federal Register a facsimile (785) 539–8567. seasonally, or moves through these areas proposal to withdraw the existing ‘‘not SUPPLEMENTARY INFORMATION: in an attempt to disperse from core prudent’’ critical habitat determination habitat areas. together with a new proposed critical Background In the late 1990s, the Topeka shiner habitat determination for the Topeka The Topeka shiner is a small, stout was discovered to inhabit a number of shiner by August 13, 2002. We are minnow, not exceeding 75 millimeters off-channel sites in Minnesota and Iowa, proposing to designate as critical habitat (3 inches) in total length. The head is primarily cut-off channels and oxbows a total of 186 stream segments, short with a small, moderately oblique that are seasonally flooded (Hatch, pers. representing 3,765.9 kilometers (2,340 mouth. The eye diameter is equal to or comm. 1999; Menzel, Iowa State miles) of stream in the States of Iowa, slightly longer than the snout. The University, pers. comm. 1999). It is Kansas, Minnesota, Nebraska, and South dorsal fin is large, with the height more speculated that a common factor of Dakota. Proposed critical habitat than one half the predorsal length of the these off-channel sites is a connection includes portions of the North Raccoon, fish, originating over the leading edge of with the water table, enabling water Boone, and Rock River watersheds in the pectoral fins. Dorsal and pelvic fins quality, particularly temperature and Iowa; the Kansas, Big Blue, Smoky Hill, each contain eight rays. The anal and dissolved oxygen concentrations, to stay and Cottonwood River watersheds in pectoral fins contain 7 and 13 rays within the tolerance levels of the Kansas; the Rock and Big Sioux River respectively, and there are 32 to 37 species during hot, dry periods. It also watersheds in Minnesota; and the Big lateral line scales. Dorsally the body is is suggested that the ground water Sioux, Vermillion, and James River olivaceous (olive-green), with a distinct contact prevents total freeze-out of these watersheds in South Dakota. If this dark stripe preceding the dorsal fin. A pools during winter. proposed rule is finalized, Federal dusky stripe is exhibited along the Topeka shiners most often occur in agencies proposing actions that may entire longitudinal length of the lateral pool and run areas of streams, seldom affect the areas designated as critical line. The scales above this line are being found in riffles. They are most habitat must consult with the Service on darkly outlined with pigment, appearing often pelagic (living in open water) in the effects of the proposed actions, cross-hatched. Below the lateral line the nature, occurring in mid-water and pursuant to section 7(a)(2) of the Act. A body lacks pigment, appearing silvery- surface areas, and are primarily draft Economic Analysis will be white. A distinct chevron-like spot considered a schooling fish. prepared in the near future and made exists at the base of the caudal fin (Cross Occasionally individuals of this species available for public comment. We will 1967; Pflieger 1975; U.S. Fish and have been found in larger streams, specify the availability of the draft Wildlife Service 1993). downstream of known populations Economic Analysis and subsequent The Topeka shiner was first described (Cross 1967; Pflieger 1975; Tabor, U.S. reopening of the comment period in by C.H. Gilbert in 1884, using Fish and Wildlife Service 1998). local and regional newspapers in the specimens captured from Shunganunga Historically, the Topeka shiner was range of the species and through a Creek, Shawnee County, Kansas (Gilbert widespread and abundant throughout notice in the Federal Register. 1884), a tributary to the Kansas River. small to mid-size streams of the central DATES: We will consider all comments The Topeka shiner is 1 of 83 species prairie regions of the United States. The on the proposed rule received from within the genus Notropis (Robins et al. Topeka shiner’s historic range includes interested parties by October 21, 2002. 1991), all in North America. The genus portions of Iowa, Kansas, Minnesota, We will hold public meetings in— is within the minnow family Missouri, Nebraska, and South Dakota. Manhattan, KS, on September 4, 2002; (Cyprinidae). Stream basins within the range Bethany, MO, on September 5, 2002; The Topeka shiner is characteristic of historically occupied by the Topeka Fort Dodge, IA, on September 9, 2002; small to mid-size prairie streams with shiner include the Des Moines, Pipestone, MN, on September 10, 2002; relatively high water quality and cool to Raccoon, Boone, Missouri, Big Sioux, Sioux Falls, SD on September 11, 2002; moderate temperatures. Many of these Cedar, Shell Rock, Rock, and Iowa VerDate Aug<2,>2002 15:02 Aug 20, 2002 Jkt 197001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\21AUP2.SGM pfrm17 PsN: 21AUP2 Federal Register / Vol. 67, No. 162 / Wednesday, August 21, 2002 / Proposed Rules 54263 Basins in Iowa; the Arkansas, Kansas, but sufficient data on biological meetings were held between 1999 to Big Blue, Saline, Solomon, Republican, vulnerability and threats were not 2001, with the task of developing a draft Smoky Hill, Wakarusa, Cottonwood, currently available to support proposed recovery plan for the species. The Nemaha, and Blue Basins in Kansas; the rules for listing. A status report, dated Service is reviewing this draft and Des Moines, Cedar, Big Sioux, and Rock February 16, 1993 (Service 1993), was hopes its findings can be used as a basis Basins in Minnesota; the Missouri, subsequently prepared concerning the for its proposed recovery plan. Grand, Lamine, Chariton, Des Moines, species. In the November 15, 1994, In an April 4, 2001, court settlement Loutre, Middle, Hundred and Two, and Animal Candidate Review for Listing as of the case, Biodiversity Legal Blue Basins in Missouri; the Big Blue, Endangered or Threatened Species, Foundation et al. v. Ralph Morganweck Elkhorn, Missouri, and Loup Basins in published in the Federal Register (59 et al., C00–D–1180, we agreed to Nebraska; and the Big Sioux, FR 58999), the Topeka shiner was reconsider our prudency determination Vermillion, and James Basins in South reclassified as a category 1 candidate and, if prudent, propose critical habitat Dakota.
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