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8-21-2002

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" (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

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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

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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. The known geographic range species. Category 1 candidates for the Topeka shiner by August 13, (watershed area where the species was comprised taxa for which the Service 2002, and to finalize our decision on known to occur) of the Topeka shiner had substantial information on critical habitat by August 13, 2003. has been reduced by approximately 90 biological vulnerability and threats to Critical Habitat percent. The number of historically support proposals to list the taxa as known collection sites (documented in endangered or threatened. We have Critical habitat is defined in section the literature or by museum specimens) since discontinued the category 1 and 3(5)(A) of the Act as—(I) the specific of Topeka shiner has been reduced by category 2 designations for candidates areas within the geographic area approximately 70 percent, with and have established a new policy occupied by a species, at the time it is approximately 50 percent of this decline defining candidate species. Candidate listed in accordance with the Act, on occurring within the last 40–50 years. species are currently defined as those which are found those physical or The species now primarily exists in species for which the Service has biological features (I) essential to the isolated population complexes sufficient information on file detailing conservation of the species and (II) that (adjoining stream segments) and biological vulnerability and threats to may require special management individual isolated stream reaches. support issuance of a proposed rule to considerations or protection; and (ii) The Topeka shiner is impacted by list as threatened or endangered, but specific areas outside the geographic habitat destruction, degradation, issuance of the proposed rule is area occupied by a species at the time modification, and fragmentation precluded by other listing actions. In the it is listed, upon a determination that resulting from siltation, reduced water February 28, 1996, Review of Plant and such areas are essential for the quality, tributary impoundment, stream Animal Taxa That Are Candidates for conservation of the species. The term channelization, in-stream gravel mining, Listing as Endangered or Threatened ‘‘conservation,’’ as defined in section and changes in stream hydrology. The Species, published in the Federal 3(3) of the Act, means ‘‘to use and the species also can be impacted by Register (61 FR 7596), the Topeka use of all methods and procedures introduced predaceous fishes. shiner was reclassified as a candidate which are necessary to bring any Additional information on the biology species. endangered species or threatened and status of the Topeka shiner can be We published a proposed rule to list species to the point at which the found in the December 15, 1998, final the Topeka shiner as endangered in the measures provided pursuant to this Act listing determination (63 FR 69008). Federal Register on October 24, 1997 are no longer necessary.’’ Biological factors relevant to the (62 FR 55381). Included in the proposed Critical habitat receives protection species’ habitat needs are discussed in rule was notification of the opening of under section 7 of the Act through the the Primary Constituent Elements a 60-day public comment period and prohibition against destruction or portion of this proposed rule. request for public hearings. The adverse modification of critical habitat comment period was open from October with regard to actions carried out, Previous Federal Action 24, 1997, to December 23, 1997. Four funded, or authorized by a Federal In 1990 the Service’s Kansas Field public hearings were held from January agency. Section 7 also requires Office began a status review of the 26–29, 1998, across the species’ range. conferences with the Service on Federal Topeka shiner using data collected from A notice to reopen the public comment actions that are likely to result in the stream sampling activities and period was published in the Federal destruction or adverse modification of information requested from Register (62 FR 67324) to accommodate proposed critical habitat. In our knowledgeable individuals and the hearings. This comment period was regulations at 50 CFR 402.02, we define agencies, including State fish and open from January 12, 1998, to February destruction or adverse modification as wildlife conservation agencies, State 9, 1998. We published the final rule ‘‘a direct or indirect alteration that health and pollution control agencies, listing the Topeka shiner as an appreciably diminishes the value of colleges and universities, and other endangered species on December 15, critical habitat for both the survival and Service offices. The Topeka shiner first 1998 (63 FR 69008). The effective date recovery of a listed species. Such received listing consideration when the of the listing was January 14, 1999. We alterations include, but are not limited species was included in the Animal did not designate critical habitat at the to, alterations adversely modifying any Candidate Review for Listing as time of listing, as we determined that of those physical or biological features Endangered or Threatened Species, as a designation of critical habitat was not that were the basis for determining the category 2 candidate species, published prudent. habitat to be critical.’’ Aside from the in the Federal Register (56 FR 58816) on In early 1999, we assembled the added protection that may be provided November 21, 1991. Category 2 Topeka Shiner Recovery Team. The under section 7, the Act does not candidate species were those species for team is composed of species experts provide other forms of protection to which information in the possession of from academia and industry, State lands designated as critical habitat. the Service indicated that a proposal to natural resource agency personnel with Because consultation under section 7 of list the species as endangered or knowledge of the species, and Fish and the Act does not apply to activities on threatened was possibly appropriate, Wildlife Service staff. Seven team private or other non-Federal lands that

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do not involve a Federal nexus, critical appears to be no foundation upon which planning efforts calls for a different habitat designation would not result in to make a determination that the outcome. any regulatory requirement for these conservation needs of the Topeka shiner Primary Constituent Elements actions. require designation of critical habitat To be included in a critical habitat outside of the geographic area occupied In accordance with section 3(5)(A)(i) designation, the habitat must first be by the species, so we have not proposed of the Act and regulations at 50 CFR ‘‘essential to the conservation of the to designate critical habitat outside of 424.12, in determining which areas to species.’’ Critical habitat designations the geographic area believed to be propose as critical habitat we are identify, to the extent known using the occupied. required to base critical habitat best scientific and commercial data Our Policy on Information Standards determinations on the best scientific available, habitat areas that provide Under the Endangered Species Act, and commercial data available and to essential life cycle needs of the species published in the Federal Register on consider physical and biological (i.e., areas in which the primary July 1, 1994 (59 FR 34271), provides features (primary constituent elements) constituent elements, as defined at 50 criteria, procedures, and guidance to that are essential to conservation of the CFR 424.12(b), are found). ensure decisions made by the Service species, and that may require special Section 4 requires that we designate represent the best scientific and management considerations and critical habitat at the time of listing and commercial data available. It requires protection. These physical and based on what we know at the time of Service biologists, to the extent biological features include, but are not limited to—(1) Space for individual and designation. When we designate critical consistent with the Act and with the use population growth, and for normal habitat at the time of listing or under of the best scientific and commercial behavior; (2) food, water, air, light, short court-ordered deadlines, we will data available, to use primary and minerals, or other nutritional or often not have sufficient information to original sources of information as the identify all areas of critical habitat. We physiological requirements; (3) cover or basis for recommendations to designate are required, nevertheless, to make a shelter; (4) sites for breeding, critical habitat. When determining decision and thus must base our reproduction, rearing (or development) which areas are critical habitat, a designations on what, at the time of of offspring; and (5) habitats protected primary source of information should be designation, we know to be critical from disturbance or that are the listing package for the species. habitat. representative of the historic In accordance with sections 3(5)(C) of Additional information may be obtained geographical and ecological the Act, not all areas that can be from a recovery plan, articles in peer- distributions of a species. occupied by a species will be designated reviewed journals, conservation plans The following studies involving the critical habitat. Within the geographic developed by States, Tribes, and habitat requirements, life history, and area occupied by the species we counties, scientific status surveys and population biology of Topeka shiner designate only areas currently known to studies, and biological assessments or serve as the best science available in be essential. Essential areas should other unpublished materials, and expert establishing the primary constituent already have the features and habitat opinion or personal knowledge. elements listed below—Barber 1986; characteristics that are necessary to Habitat is often dynamic, and species Blausey 2001; Cross 1967; Cross 1970; conserve the species. We will not may move from one area to another over Cross and Collins 1975; Cross and speculate about what areas might be time. Furthermore, we recognize Collins 1995; Deacon and Metcalf 1961; found to be essential if better designation of critical habitat may not Gelwicks and Bruenderman 1996; Hatch information becomes available, or what include all habitat eventually 2001; Hatch and Besaw 2001; Katula areas may become essential over time. If determined as necessary to recover the 1998; Kerns 1983; Leopold et al. 1992; the information available at the time of species. For these reasons, all should Michels 2000; Michl and Peters 1993; designation does not show that an area understand that critical habitat Minckley and Cross 1959; Pflieger 1975; provides essential life cycle needs of the designations do not signal that habitat Pflieger 1997; Rosgen 1996; Shranke et species, then the area should not be outside the designation is unimportant al. 2001; Stark et al. 1999; U.S. Fish and included in the critical habitat or may not be required for recovery. Wildlife Service 1993; Wall et al. 2001. designation. We will not designate areas Areas outside the critical habitat Given the large geographic range the within the geographic area occupied by designation will continue to be subject species historically occupied, and the the species unless at least one of the to conservation actions that may be varying habitats used by the different primary constituent elements, as implemented under section 7(a)(1) of life-history stages, describing specific defined at 50 CFR 424.12(b), is present. the Act, and the regulatory protections values or conditions for each of these Moreover, areas occupied by certain afforded by the section 7(a)(2) jeopardy habitat features is not always possible. known populations of the Topeka shiner standard and the section 9 take However, the following discussion have not been proposed as critical prohibition, as determined on the basis summarizes the biological and habitat habitat. For example, we did not of the best available information at the requirements of the Topeka shiner propose critical habitat for some small time of the action. Federally funded or relevant to identifying the primary scattered populations or habitats in assisted projects affecting listed species constituent elements of its critical areas highly impacted by human outside their designated critical habitat habitat. development. areas may still result in likely-to- Topeka shiners are typically found in Our regulations state, ‘‘The Secretary jeopardize findings in some cases. small, low order, prairie streams with shall designate as critical habitat areas Similarly, critical habitat designations good water quality, relatively cool outside the geographical area presently made on the basis of the best available temperatures, and low fish diversity occupied by a species only when a information at the time of designation (Minckley and Cross 1959; Cross 1967; designation limited to its present range will not control the direction and Barber 1986; Cross and Collins 1995; would be inadequate to ensure the substance of future recovery plans, Pflieger 1997; Blausey 2001). Although conservation of the species’’ (50 CFR habitat conservation plans, or other Topeka shiners can tolerate a range of 424.12(e)). Based on the best available species conservation planning efforts, if water temperatures, cooler, spring- science and commercial data, there new information available to these maintained systems are considered

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optimum (Cross and Collins 1995; complete freezing of these pools in Chase County, Kansas, Mammoliti Pflieger 1997). These streams generally winter. Groundwater availability was a (Kansas Department of Wildlife and maintain perennial flow but may primary predictor of Topeka shiner Parks, pers. comm. 1999) observed two become intermittent during summer or presence in South Dakota (Blausey male Topeka shiners defending a periods of drought. Evermann and Cox 2001). While we have recently found the longear sunfish (Lepomis megalotis) (1896) reported on surveys from the species in some stream sites with nest as the male sunfish loafed nearby. Nebraska portion of the Big Blue River excessive sedimentation, it is unknown Other authors have noted upstream watershed, and noted that Topeka whether the species uses these locations movement as reproductive behavior in shiners occurred in ‘‘pond-like, isolated year-round, for portions of the year, or Topeka shiners (Minckley and Cross portions of streams which dry up in occupy these areas during periods of 1959, Kerns 1983, Barber 1986). parts of their course during dry dispersal. In much of the range of The Topeka shiner is primarily a weather.’’ Minckley and Cross (1959) Topeka shiner, moderate-sized schooling fish and found throughout the found Topeka shiners ‘‘almost mainstem streams likely provide water column. Pflieger (1997) noted that exclusively in quiet, open pools of occasional dispersal corridors for the the species schooled with other small, clear streams that drain upland species (Cunningham, Eco-Centrics, cyprinids in mid-water or near the prairies.’’ They also noted that when Inc., Omaha, Nebraska, pers. comm. surface. Other studies have reported these streams approach intermittency 1999; Menzel pers. comm. 2001). In Topeka shiners schooling in the lower the ‘‘pools are maintained at fairly most cases these larger streams do not portion of the water column with stable levels by percolation through the provide habitat conditions suitable for central stonerollers (Campostoma gravel or by springs.’’ Similar habitat the species to complete its necessary life annomalum) (Kerns 1983, Stark et al. characteristics are described for cycle requirements, but in the Iowa and 1999). While typical of small, headwater populations in Missouri by Pflieger Minnesota range of the species oxbow streams, occasionally the species has (1997). In South Dakota, Blausey (2001) and other off-channel habitats adjacent been captured in larger streams, found that runs were the dominant to these mainstems do provide these downstream of known populations. habitat type associated with Topeka requirements (Menzel pers. comm. Barber (1986) noted variation in shiner presence, although higher 2001; Hatch 2001). In these cases, the mobility within a population of Topeka densities of the species were collected primary constituent elements of critical shiner based on sex and age class. In the in pools. While characteristic of pools habitat are present in the off-channel spring, as precipitation and water with stable water levels, the Topeka areas, but not in the larger mainstem temperatures increased, adult males shiner appears to be well adapted to streams themselves, even though they tended to move upstream or periodic drought conditions common to likely provide corridors for dispersion downstream. In many instances, the fish prairie streams. For example, Kerns to other areas of suitable habitat. moved back to their original pool. (1983) found that even though mortality Young-of-the-year fish tended to move Topeka shiners are short-lived downstream in the fall. Others have of several fish species was high in species, rarely surviving to their third desiccating pools, juvenile Topeka reported displacement of fish summer (Minckley and Cross 1959; downstream during periods of high flow shiners seemed especially drought- Cross 1967; Kerns 1983; Cross and resistant. (Cross, University of Kansas, pers. Collins 1995; Pflieger 1997; Hatch comm. 1994; Tabor pers. comm. 1994). In Kansas, Missouri, and South 2001). The species typically matures at Although it is evident that the species Dakota, Topeka shiners typically occur 12–14 months of age (Kerns 1983; Cross has some capacity to disperse, at present in streams with clean gravel, cobble, or and Collins 1995; Pflieger 1997). Based the degree of dispersal and the species’ sand bottoms (Pflieger 1975; Kerns on ovarian development, Hatch (2001) ability to ‘‘tributary hop’’ is unknown. It 1983; Barber 1986; Cross and Collins suggested that Topeka shiners are has been suggested that populations 1995; Pflieger 1997; Blausey 2001). multiple-clutch spawners. Topeka found in short, direct tributaries to the However, bedrock and clay hardpan shiners spawn in pool habitats, over Missouri River were evidence of a covered by a thin layer of silt are not green sunfish (Lepomis cyanellus) and historic dispersal eastward by ‘‘tributary uncommon (Minckley and Cross 1959). orangespotted sunfish (Lepomis hopping.’’ However, Deacon and In western Kansas pools containing humilis) nests, from late May to August Metcalf (1961) found the Topeka shiner Topeka shiners, Stark et al. (1999) in Kansas and Missouri (Kerns 1983; to be one of several fishes with a low determined the primary substrate to be Cross and Collins 1995; Pflieger 1997). capacity for dispersal following drought coarse sand overlain by silt and detritus. Stark et al. (1999) observed Topeka conditions. In addition, Michels (2000) Similarly, Michl and Peters (1993) shiners spawning on the periphery of conducted a range-wide genetic analysis reported the collection of Topeka green sunfish nests and suggested that of different populations of Topeka shiners from a Nebraska stream having the habitats provided by these nests are shiner and suggested that successful a sand and detritus substrate. While important to the reproductive success of migration, even between adjacent main channel areas may be typical of Topeka shiners. These same authors populations, is rare and that movement Kansas, Missouri, and South Dakota reported aggregations of Topeka shiners over long distances is unlikely. populations, Topeka shiners in in close association with fathead Earlier researchers (Kerns 1983, Cross Minnesota and Iowa appear more minnow (Pimephales promelas) and and Collins 1995) reported that Topeka abundant in off-channel oxbows and orangespotted sunfish nests, but no shiners are benthic insectivores that side-channels than in the main channels spawning activities were observed. In feed primarily on midges (chironomids), (Menzel pers. comm. 1999; Hatch 2001). Minnesota, Hatch (2001) found that true flies (dipterans), and mayflies These seasonally flooded habitats also Topeka shiners use rubble, boulder, and (ephemeropterans), with zooplankton appear to have a connection with the concrete rip-rap at the margins of pools (cladocerans and copepods) also water table, enabling temperature and and slow runs. Several authors have contributing to their diet. More recent dissolved oxygen to stay within reported the defense of small territories studies have found Topeka shiner tolerance levels of the species during by breeding male Topeka shiners (Kerns feeding at a variety of trophic levels and dry, hot periods. It also suggests that the 1983, Pflieger 1997, Katula 1998, Stark on diverse foods. Stark et al. (1999) groundwater connection may prevent et al. 1999, Hatch 2001). In Jack Creek, observed Topeka shiners consuming

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eggs from fathead minnow nests in 7. An adequate terrestrial, TABLE 2.—NUMBER OF STREAM SEG- Willow Creek, Wallace County, Kansas. semiaquatic, and aquatic invertebrate MENTS AND TOTAL STREAM MILEAGE In Minnesota, food included several food base that allows for unimpaired PROPOSED FOR DESIGNATION AS kinds of zooplankton, a variety of growth, reproduction, and survival of all CRITICAL HABITAT FOR TOPEKA immature aquatic insects, larval fish, life stages; SHINER BY COUNTY algal and vascular plant matter, 8. A hydrologic regime capable of including seed capsules (Hatch and forming, maintaining, or restoring the Number of Besaw 1998). These authors suggested Stream flow periodicity, channel morphology, stream seg- mileage pro- that Topeka shiners function both as County ments pro- posed by benthic and nektonic feeders, and fish community composition, off- posed by county county propose that the species also may feed channel habitats, and habitat components described in the other from the surfaces of aquatic plants. Iowa: We determine the primary constituent primary constituent elements; and Calhoun ..... 8 68 elements associated with critical habitat 9. Few or no nonnative predatory or Carroll ...... 2 7 for Topeka shiner to be: competitive nonnative species present. Dallas ...... 3 3 Greene ...... 8 87 1. Streams most often with permanent The areas we are proposing for flow, but that can become intermittent Hamilton .... 1 1 designation as critical habitat for Lyon ...... 3 16 during dry periods; Topeka shiner provide the above Osceola ..... 1 5 2. Side channel pools and oxbows primary constituent elements essential Sac ...... 4 12 either seasonally connected to a stream for the conservation of the species. The Webster ..... 1 9 or maintained by groundwater inputs, at Wright ...... 3 16 proposed areas require special a surface elevation equal to or lower Kansas: than the bank-full discharge stream management considerations or Butler ...... 1 5 elevation. The bankfull discharge is the protection to ensure their contribution Chase ...... 27 200 to the conservation of the species. Dickinson ... 4 49 flow at which water begins leaving the Geary ...... 7 62 channel and flowing into the floodplain; Proposed Critical Habitat Designation Greenwood 2 7 this level is generally attained every 1 Marion ...... 1 9 to 2 years. Bankfull discharge, while a In proposing critical habitat for Marshall ..... 2 22 function of the size of the stream, is a Topeka shiner, we reviewed the overall Morris ...... 6 22 fairly constant feature related to the approach to the conservation of the Pottawatomi- formation, maintenance, and species undertaken by local, State, e ...... 1 5 dimensions of the stream channel; Riley ...... 4 44 Tribal, and Federal agencies and private Shawnee .... 1 18 3. Streams and side channel pools individuals and organizations since the Wabaunsee 15 136 with water quality necessary for species’ listing in 1998. We also Wallace ...... 1 9 unimpaired behavior, growth, and considered the measures identified as Minnesota: viability of all life stages. The water necessary for recovery, as outlined in Lincoln ...... 4 27 quality components can vary seasonally the species’ preliminary draft recovery Murray ...... 2 19 Nobles ...... 14 115 and include—temperature (1 to plan. Additionally, we solicited ° Pipestone ... 21 196 30 Centigrade), total suspended solids information and recommendations from (0 to 2000 ppm), conductivity (100 to Rock ...... 25 247 knowledgeable biologists and members Nebraska: 800 mhos), dissolved oxygen (4 ppm or of the Topeka Shiner Recovery Team. Madison ..... 1 6 greater), pH (7.0 to 9.0), and other We also reviewed the available South Dakota: chemical characteristics; information pertaining to habitat Aurora ...... 1 27 4. Living and spawning areas for adult Beadle ...... 3 98 requirements of the species received Topeka shiner with pools or runs with Brookings ... 6 106 water velocities less than 0.5 meters/ during the listing process. Clay ...... 2 29 second (approx. 20 inches/second) and Davison ...... 4 63 depths ranging from 0.1 to 2.0 meters TABLE 1.—NUMBER OF STREAM SEG- Deuel ...... 2 36 MENTS AND TOTAL STREAM MILEAGE Hamlin ...... 1 8 (approximately 4 to 80 inches); Hanson ...... 3 48 PROPOSED FOR DESIGNATION AS 5. Living areas for juvenile Topeka Hutchinson 6 66 shiner with water velocities less than CRITICAL HABITAT FOR TOPEKA Lincoln ...... 3 41 0.5 meters/second (approx. 20 inches/ SHINER BY STATE McCook ..... 2 47 second) with depths less than 0.25 Miner ...... 2 31 meters (approx. 10 inches) and No. of Minnehaha 6 102 Total stream Moody ...... 5 63 moderate amounts of instream aquatic stream seg- mileage pro- State ments pro- Turner ...... 6 151 cover, such as woody debris, posed by posed by overhanging terrestrial vegetation, and State State Note: Many stream segments occur in more aquatic plants; than one county, thus inflating the total num- 6. Sand, gravel, cobble, and silt Iowa ...... 25 225 ber per State, if totaled. substrates with amounts of fine Kansas ...... 63 587 Due to the need for additional sediment and substrate embeddedness Minnesota ...... 57 605 information on the species, its habitats, that allows for nest building and Nebraska ...... 1 6 restoration potential, possible unknown maintenance of nests and eggs by native South Dakota .... 40 917 isolated occurrences, and other factors, Lepomis sunfishes (green sunfish, interim criteria for downlisting and orangespotted sunfish, longear sunfish) Total ...... 186 2,340 delisting were set forth in a preliminary and Topeka shiner as necessary for draft recovery plan now under review reproduction, unimpaired behavior, by the Service. The recovery team growth, and viability of all life stages; agreed that even though much

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information on the species is known, it to the conservation of the species.’’ naturally occurring populations within would be prudent to develop interim Critical habitat should already have, or primary and secondary recovery units recovery criteria, as opposed to final have the potential for developing in the are determined to be stable or increasing criteria at the time the plan was near future, many or all of the features over a period of 10 years. developed. It also was agreed by the and habitat characteristics that are Important considerations in selection recovery team that the interim recovery necessary to sustain the species. We do of areas proposed in this rule include criteria would later be adjusted to reflect not speculate about what areas might be factors specific to each geographic area, new information, as it becomes found to be essential if better watershed and stream segment, such as available, solidifying final recovery information were available, or what stream size and length, connectivity, criteria. The primary information need areas may become essential over time. If and habitat diversity, as well as range- identified in coming to this decision information available at the time of wide recovery considerations, such as was information on stream and designation does not show an area genetic diversity and representation of watershed conditions within provides essential support for a species major portions of the species’ historical unoccupied historic range, in reference at any phase of its life cycle, then the range. The proposed critical habitat to the potential for reintroduction and area should not be included in the reflects the need for habitat complexes reestablishment of the species in these critical habitat designation. Within the and individual stream reaches of areas. Additionally, there was the need geographic area occupied by the species, sufficient size to provide habitat for for more information on the species’ we will not designate areas that do not Topeka shiner populations large enough range, particularly in Nebraska and now have the primary constituent to be self-sustaining over time, despite parts of Iowa, where isolated, remnant elements that provide essential life fluctuations in local conditions. populations of Topeka shiner might be cycle needs of the species, as defined at Habitat complexes contain discovered, possibly affecting recovery 50 CFR 424.12(b). Furthermore, we interconnected waters so that Topeka goals. If previously unknown recognize designation of critical habitat shiners can move between areas, at least populations were found in these areas, may not include all habitat eventually during certain flows or seasons. The this would avoid the need for determined as necessary to recover the ability of the fish to repopulate areas reintroduction in these areas. species. For these reasons, areas outside where they are now depleted or Reintroduction and successful the critical habitat designation will extirpated is vital to the species’ reestablishment is most often viewed as continue to be subject to conservation conservation. Some complexes may being more difficult than maintenance actions that may be implemented under include stream reaches with minimal and enhancement of existing section 7(a)(1) and the regulatory instream habitat, but which provide populations and habitat. The interim protections afforded by the section migration corridors for Topeka shiners. These corridors play a vital role in the recovery criteria recommend protection 7(a)(2) jeopardy standard and the dispersal of the species and the overall of existing populations, enhancement section 9 take prohibition, as functioning of the aquatic ecosystem and restoration of habitats occupied by determined on the basis of the best and, therefore, the integrity of upstream depleted populations, and available information at the time of the and downstream habitats. reintroduction and reestablishment of action. We specifically anticipate that The proposed designation includes the species into unoccupied streams federally funded or assisted projects representatives of all known within the historical range. Since affecting listed species outside their populations of the species so as to information and data are lacking on designated critical habitat areas may conserve and protect genetic diversity conditions of the watersheds and still result in jeopardy findings in some within the species. Information on the instream habitat in unoccupied historic cases. Similarly, critical habitat Topeka shiner indicates a high degree of range of the species, we do not propose designations made on the basis of the genetic differentiation among many of habitat in these areas, even though we best available information at the time of the remnant populations (Michels recognize that the interim recovery designation will not control the 2000), making conservation of as many criteria includes reintroduction and direction and substance of future of these populations as possible reestablishment of Topeka shiner to recovery plans, habitat conservation important to efforts to preserve genetic these areas. We are proposing stream plans, or other species conservation diversity. segments occupied by Topeka shiner, planning efforts if new information Uncertainty on upstream and and some stream segments with no available to those planning efforts calls downstream distributional limits of records of capture for the species that for a different outcome. some populations may result in areas of connect with occupied stream segments. The proposed critical habitat occupied habitat being excluded from These connecting stream segments described below constitutes our best the designation. Additionally, there are possess the primary constituent assessment of areas needed for the streams with some recent association elements necessary for proposal, and conservation of Topeka shiner and is with Topeka shiners that may not be likely harbor the species during some based on the best scientific and proposed for designation. These could flow conditions. Examples of habitat use commercial information available. The include streams with records of one- of this type include, upstream proposed areas are essential to the time captures of Topeka shiner; streams movement during high flows or wet conservation of the species because they for which habitat conditions are periods, and downstream habitat use currently support populations of Topeka unknown; streams with unprecise, during dry periods or periods of shiner or provide critical links or generalized, or questionable capture extended drought. Due to this corridors to other habitat for the species. locations; and streams with severely consideration, we regard all stream The stream segments proposed for altered habitat, lacking the primary segments proposed for critical habitat as designation as critical habitat in this constituent elements (e.g., drainage within the geographical area occupied proposed rule are consistent with the ditches). by the species. preliminary draft recovery plan’s first Our determination of which stream Within the geographic area occupied recovery criterion, which states that segments to propose for designation by the species, we are designating only recovery of the species will be used the best scientific information and areas currently known to be ‘‘essential recognized as achieved when all data available. We began the process by

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compiling information on the species for determining the lateral extent of Ditch 57, and Outlet Creek; Camp Creek and its habitat to create draft maps of proposed critical habitat in stream and West Fork Camp Creek; Prairie potentially suitable stream reaches. We channels and off-channel or oxbow Creek; Lake Creek; Purgatory Creek; then consulted species experts in pools is the elevation equal to the Cedar Creek, West Cedar Creek, and East academia, members of the Topeka bankfull discharge stream elevation. The Cedar Creek; Short Creek; Hardin Creek; Shiner Recovery Team, and biologists bankfull discharge is the flow at which Buttrick Creek, West Buttrick Creek, and from State natural resource and fish and water begins leaving the channel and East Buttrick Creek; and Elm Branch wildlife agencies familiar with the flowing into the floodplain (Rosgen and Swan Lake Branch. Additionally, species or the watersheds in areas with 1996). This level is generally attained qualifying off-channel pool habitat (as the Topeka shiner. We also consulted every 1 to 2 years (Leopold et al. 1992). described in the section on Primary biologists from other Service offices in Bankfull discharge, while a function of Constituent Elements) adjacent to the the species’ range. We asked for their the size of the stream, is a fairly mainstem of the North Raccoon River is review of the stream reaches identified constant feature related to the proposed for designation. on the draft maps, and for any suggested formation, maintenance, and Boone River Watershed changes or additions. dimensions of the stream channel Factors considered in determining (Rosgen 1996). 2. Eagle Creek (one stream segment), specific stream segments included— We propose the following areas for Hamilton and Wright Counties, Iowa. streams with occupancy and habitat designation as critical habitat. These Eagle Creek has several recent information for the species; stream areas—(1) Are currently considered collections of Topeka shiner even reaches with all or some of the primary occupied or provide critical links or though a large portion of its upper basin constituent elements for Topeka shiners, corridors between occupied habitats has been severely altered by stream including those able to attain them in and/or potentially occupied habitat; (2) channelization and drainage ditch the foreseeable future; habitat models; provide all or some of the primary construction. The lower reaches of Eagle information on the species’ ecology and constituent elements essential to the Creek still retain much of its natural biology; stream morphology and conservation of the species; and (3) may stream morphology, including meanders hydrology information; regional habitat require special management and pool habitat. We propose the lower use by the species, such as use of side- considerations or protection. (See the reach of Eagle Creek and qualifying, channel pools in Iowa, Minnesota, and Regulation Promulgation section of this adjacent off-channel pool habitats for the Big Sioux drainage in South Dakota; rule for legal descriptions and maps of designation. The upper, channelized, major habitat alterations, such as the boundaries.) portions of Eagle Creek are not proposed channelization and dams; and for designation. information on the mobility of Topeka Iowa 3. Ditch 3 and Ditch 19 Complex (two shiner in reference to connectivity of Raccoon River Watershed stream segments), Wright County, Iowa. adjacent stream reaches, and to home The proposed reach of Ditch 3 extends range and dispersal characteristics. 1. North Raccoon River Complex (19 from its confluence with the Boone Information and suggested changes stream segments), Calhoun, Carroll, River, upstream to the Humboldt provided by the individuals and Dallas, Greene, Sac, and Webster County line. Ditch 19 also extends agencies who reviewed the draft maps Counties, Iowa. Multiple tributary upstream from its confluence with Ditch were carefully considered and streams and some of their adjacent off- 3 to the Humboldt County line. While implemented where they were channel pool habitats in this complex the general map descriptions of these consistent with the Service’s criteria for have recent collection records for streams are termed ‘‘ditches’’ due to designating critical habitat. Topeka shiners. While some habitat in channelization activities in the past, The proposed designation includes these tributaries has been altered both streams have reestablished much of 186 stream segments, encompassing (primarily by channelization and their natural morphology and instream 3,765.9 kilometers (2,340 miles) of sedimentation), current habitat habitat conditions in the recent past, streams, including adjacent off-channel conditions provide most or all of the including meanders and pool habitats. pool habitats in Iowa, Minnesota, and primary constituent elements consistent Habitat components within these the Big Sioux River watershed of South with designation as critical habitat. Off- streams are consistent with the Primary Dakota. The stream segments are within channel pool habitats adjacent to the Consistent Elements necessary for 11 major watersheds in the States of mainstem of the North Raccoon River designation as critical habitat Iowa, Kansas, Minnesota, Nebraska, and also have been discovered to be Topeka downstream from the Humboldt County South Dakota. These 186 proposed shiner habitat, and we propose these line. Topeka shiners have been recently stream segments encompass 23 stream areas as well. However, records of captured from both streams. Qualifying complexes (2 or more connecting stream Topeka shiners are lacking from the off-channel pool habitat also is segments) and 18 individual, isolated mainstem of the North Raccoon River proposed. Habitat upstream from the streams. No habitat is proposed for itself. It is likely that the mainstem Humboldt County line is highly Missouri (see Exclusions from Critical provides an important dispersal corridor modified by channelization and is not Habitat section below). for the species between tributary proposed for designation. Proposed critical habitat includes the streams and off-channel pools adjacent stream channels within the identified to the mainstem, particularly during Rock River Watershed stream reaches and off-channel pools high flow events, but the habitat 4. Rock River Complex (two stream and oxbows in the Minnesota, Iowa, and components within the mainstem itself segments in Iowa), Lyon County, Iowa. the Big Sioux River portion of the South do not provide the primary constituent The Rock River Complex is comprised Dakota range. Side channel pools and elements necessary for proposing it for of 2 stream segments in Iowa and 28 oxbows that are proposed for designation as critical habitat. We are stream segments in Minnesota. Topeka designation are typically either proposing 19 stream segments within shiners have recently been captured seasonally connected to a stream or portions of the following tributaries and throughout much of the Rock River have waters maintained by groundwater their qualifying, adjacent off-channel watershed, both from streams and inputs. The defining stream elevation habitat for designation—Indian Creek, adjacent off-channel pools and oxbows.

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We propose the reach of the Rock River Cottonwood River Watershed Greenwood Counties, Kansas. This from its confluence with Kanaranzi 1. Fox Creek Complex (three stream complex is characterized by high- Creek upstream to the border with segments), Chase County, Kansas. This quality aquatic habitat draining large Minnesota, and Kanaranzi Creek from complex is characterized by high quality tracts of tallgrass prairie. Many of the the confluence with the Rock River aquatic habitat. Recent collection streams within this watershed have upstream to the Minnesota border. records exist from two unnamed capture records for the species. There Adjacent, qualifying off-channel pool tributaries to Fox Creek. We propose for are several tributaries, including one habitats along both stream segments also designation the lower reach of Fox site on the upper mainstem, that were are proposed. Creek from near Strong City, Kansas, dammed just prior to the Topeka shiner being listed as an endangered species. 5. Little Rock River Complex (one upstream through the Tallgrass Prairie There have been no recent surveys along stream segment in Iowa), Lyon and National Preserve, an area managed by these streams to determine if Topeka Osceola Counties, Iowa. The Little Rock the U.S. National Park Service, and two shiner populations have been affected; unnamed tributary streams in the River Complex is comprised of one however, the species persists in other stream segment in Iowa and two stream Preserve. 2. Diamond Creek Complex (eight portions of the watershed. We propose segments in Minnesota. Topeka shiners portions of the following streams for stream segments), Chase and Morris have recently been captured in portions designation—the mainstem of the South Counties, Kansas. This complex is of the Little Rock River watershed, both Fork of the Cottonwood River from its generally characterized by high-quality from streams and adjacent off-channel confluence with the Cottonwood River, aquatic habitat draining large tracts of pools and oxbows. We propose the upstream to near its headwaters; tallgrass prairie. However, an upstream reach of the Little Rock River from near Sharpes Creek; Rock Creek; Den Creek; portion of the basin has been largely the town of Little Rock, Iowa, upstream Crocker Creek and an unnamed converted to rowcropping, with a to the Minnesota border, including tributary; Mercer Creek and two subsequent decline in aquatic habitat qualifying, adjacent off-channel pool unnamed tributaries; Jack Creek; quality. Recent collection records exist habitat. Thurman Creek and an unnamed in many of the streams draining the Kansas tributary; Little Cedar Creek; Shaw upland prairie habitat. We propose Creek; and Bloody Creek, a direct Big Sioux River Watershed portions of the following streams for tributary to the Cottonwood River designation—Diamond Creek from near immediately downstream from the 1. Medary Creek Complex (two stream its confluence with the Cottonwood South Fork of the Cottonwood River segments in Minnesota), Lincoln River, upstream to the confluence with confluence with the mainstem. County, Minnesota. This complex is Sixmile Creek; Gannon Creek and an 5. Mud Creek (one stream segment), comprised of two stream segments in unnamed tributary; Mulvane Creek; Marion County, Kansas. This watershed Minnesota and three in South Dakota. Schaffer Creek and four unnamed is characterized by a mosaic of prairie Topeka shiners recently have been tributaries; Dodds Creek; Sixmile Creek; and cropland. We propose one stream captured from several localities in this Mulberry Creek and an unnamed segment in the upper portion of the complex. We propose portions of tributary; and an unnamed direct Mud Creek watershed. Medary Creek and an unnamed tributary to the Cottonwood River Kansas River Watershed tributary, and adjacent off-channel pool immediately adjacent to, and habitat for designation. downstream from, the lower reach of 6. Mill Creek Complex (14 stream Diamond Creek. segments), Wabaunsee County, Kansas. 2. Flandreau Creek Complex (four 3. Middle Creek Complex (three This complex is generally characterized stream segments in Minnesota), Lincoln stream segments), Chase County, by high-quality aquatic habitat draining and Pipestone Counties, Minnesota. Kansas. This complex is generally large tracts of tallgrass prairie. However, This complex is comprised of four characterized by high-quality aquatic much of the floodplain areas of stream segments in Minnesota and one habitat draining large tracts of tallgrass mainstem Mill Creek and several of its in South Dakota. Topeka shiners have prairie. However, portions of the tributaries have been converted to been recently captured from several western sub-basins have been converted cropland. This conversion, likely in localities in this complex. We proposed to rowcropping. There also are several combination with intensive instream portions of Flandreau Creek and an tributary streams that have had gravel dredging, has resulted in unnamed tributary, East Branch intensive dam construction, resulting in headcutting, bank erosion, and the loss Flandreau Creek, Willow Creek, and major changes to habitat and fish of riparian vegetation. There is a adjacent off-channel pool habitat for communities. Following dam moderate level of tributary dam designation. development in the Stribby Creek development, primarily in the 3. Split Rock/Pipestone/Beaver Creek drainage of the Middle Creek Basin, headwaters of the basin, and there are Complex (18 stream segments in Topeka shiners disappeared both riparian and instream areas where cattle Minnesota), Pipestone and Rock upstream and downstream from the are over-wintered, resulting in large Counties, Minnesota. This complex is impoundments. Recent collection inputs of nutrients to the streams during comprised of 18 stream segments in records only exist from two streams— periods of heavy rainfall. Recent Minnesota and 7 in South Dakota. The Collett Creek, and an unnamed tributary collection records of Topeka shiner exist streams and some of their adjacent off- to Middle Creek in the lower portion of for many of the streams in the basin, but channel pool habitats in this complex the basin. We propose portions of the their abundance appears to be declining have recent collection records for the following streams for designation—the when compared with capture records Topeka shiner. While some habitat in lower reach of Middle Creek and two from the 1950s–1970s. We propose these tributary streams has been altered, adjoining unnamed tributaries; and portions of the following streams for primarily by channelization and Collett Creek. designation—Mill Creek upstream from sedimentation, current habitat 4. South Fork of the Cottonwood River State Highway 30; West Branch Mill conditions provide most or all of the (South Fork) Complex (15 stream Creek; South Branch Mill Creek; East primary constituent elements. segments), Butler, Chase, and Branch Mill Creek; Mulberry Creek;

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Spring Creek (a direct tributary to conditions are good and generally watershed is predominantly cropland. mainstem Mill Creek); Kuenzli Creek; appear stable. Instream gravel mining However, there are known areas within Paw Paw Creek; Pretty Creek; Hendricks occurs at variable levels in this this stream with springs and seeps Creek; Loire Creek; Illinois Creek; complex. Capture records of Topeka which likely contribute to the species’ Spring Creek (a tributary to West Branch shiner within this complex are recent. continuing existence in this locale. The Mill Creek); and Nehring Creek. We propose portions of the following proposed reach of North Elm Creek is 7. Mission Creek (one stream streams for designation—a mid-basin upstream from its confluence with the segment), Shawnee and Wabaunsee reach of Clarks Creek; Thomas Creek; Big Blue River to near its headwaters. Counties, Kansas. This stream is Davis Creek; Dry Creek; and West characterized by good aquatic habitat Branch Dry Creek. Smoky Hill River Watershed draining tallgrass prairie uplands and a 11. Lyon Creek Complex (five stream 15. Willow Creek (one stream cultivated floodplain. Riparian segments), Geary and Dickinson segment), Wallace County, Kansas. The conditions are good and generally Counties, Kansas. The Lyon Creek available habitat in this stream is a appear stable. We propose the reach of Complex is composed of five stream series of spring-fed pools with good Mission Creek upstream from Interstate segments that drain variable landscapes. water quality, in a watershed drained by Highway 70. Much of the basin, particularly the shortgrass prairie and areas of dryland 8. Deep Creek Complex (two stream western portion, drains a mosaic of and irrigated cropping. Good land segments), Riley County, Kansas. The prairie uplands and croplands. Instream stewardship on the property Deep Creek Complex is characterized by habitat conditions vary, with some surrounding the permanent pools, in high-quality aquatic habitat draining stream reaches degraded by heavy combination with the spring inflows, tallgrass prairie uplands and a partially sediment and nutrient loading. are likely the primary factors in the cultivated floodplain. Riparian Watershed impoundments and ponds continuing conservation of this conditions are good and generally are a major feature in several of the sub- population. appear stable except for upstream drainages of this watershed, particularly reaches of Deep Creek where intensive in the southeastern portion of the Lyon Minnesota instream gravel mining is occurring, Creek watershed. We propose portions Big Sioux River Watershed resulting in severe stream bank erosion of the following streams for and headcutting. Recent records of designation—the lower and mid-basin 1. Medary Creek Complex (two stream Topeka shiner exist from the Pilsbury reaches of Lyon Creek; Rock Springs segments in Minnesota), Lincoln Crossing area of Deep Creek, and the Creek; Carry Creek and an unnamed County, Minnesota. This complex is lower and mid-reaches of School Creek. tributary; and West Branch Lyon Creek. comprised of two stream segments in We propose portions of the following 12. Walnut Creek (one stream Minnesota and three in South Dakota. streams for designation—Deep Creek segment), Big Blue River Watershed, Topeka shiners recently have been from near its confluence with the Riley County, Kansas. Walnut Creek is captured from several localities in this Kansas River, upstream to Interstate characterized by good quality aquatic complex. We propose portions of Highway 70; and approximately the habitat. However, this reach at times has Medary Creek and an unnamed downstream one-half of School Creek. limited downstream refugia due to the tributary, and adjacent off-channel pool 9. Wildcat Creek Complex (two stream backup of floodwaters from Tuttle Creek habitat for designation. segments), Riley County, Kansas. The Reservoir. The proposed reach is 2. Flandreau Creek Complex (four Wildcat Creek Complex is composed of upstream from the flood pool of the stream segments in Minnesota), Lincoln two stream segments and drains a reservoir. and Pipestone Counties, Minnesota. variety of landscapes including This complex is comprised of four cultivated cropland, tallgrass prairie Big Blue River Watershed stream segments in Minnesota and one uplands, and woodlands. The lower 13. Clear Fork Creek (one stream in South Dakota. Topeka shiners have portion of the proposed downstream segment), Marshall and Pottawatomie been recently captured from several reach drains areas of suburban Counties, Kansas. Clear Fork Creek is a localities in this complex. We propose Manhattan, Kansas. This suburban reach tributary to the Black Vermillion River. portions of Flandreau Creek and an retains good habitat quality including Their confluence is in the flood pool of unnamed tributary, East Branch pool/riffle complexes, meanders, and Tuttle Creek Reservoir. This stream is Flandreau Creek, Willow Creek, and stable riparian conditions. Riparian characterized by good aquatic habitat adjacent off-channel pool habitat for conditions throughout the proposed draining primarily tallgrass prairie designation. reaches are generally in good condition. uplands and a partially cultivated 3. Split Rock/Pipestone/Beaver Creek Wildcat Creek’s aquatic habitat is floodplain. Riparian conditions are good Complex (18 stream segments in moderately impacted by sediment and and generally appear stable. An Minnesota), Pipestone and Rock nutrient inputs from upstream sources. apparently stable population of Topeka Counties, Minnesota. This complex is We propose a stream segment near shiners exists within its mid-to upper comprised of 18 stream segments in Riley, Kansas, and a reach from near reaches. Clear Fork Creek is a relatively Minnesota and 7 in South Dakota. The Keats to Manhattan, Kansas. We are long stream upstream of the flood pool streams and some of their adjacent off- proposing to exclude the reach of of the reservoir, with the upper and channel pool habitats in this complex Wildcat Creek flowing through the Fort middle reaches proposed for have recent collection records for the Riley Military Installation (see designation. Topeka shiner. While some habitat in Exclusions from Critical Habitat 14. North Elm Creek (one stream these tributary streams has been altered, section). segment), Marshall County, Kansas. primarily by channelization and 10. Clarks Creek Complex (five stream North Elm Creek is a direct tributary to sedimentation, current habitat segments), Geary County, Kansas. These the Big Blue River near the Kansas/ conditions provide most or all of the streams can generally be characterized Nebraska border. This stream is primary constituent elements consistent as having good aquatic habitat draining characterized by moderately degraded with designation as critical habitat. We tallgrass prairie uplands and a partially instream habitat in many places, as a propose for designation portions of— cultivated floodplain. Riparian result of heavy sediment loading. The Pipestone Creek and two unnamed

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tributaries; North Branch Pipestone Nebraska Lower Big Sioux Watershed Creek and an unnamed tributary; and 1. Taylor Creek (one stream segment), 5. Spring Creek (one stream segment), Split Rock Creek and five unnamed Elkhorn River Watershed, Madison Brookings and Moody Counties, South tributaries; Beaver Creek and two County, Nebraska. A small population Dakota. The proposed reach runs from unnamed tributaries; Little Beaver of Topeka shiners exists in this stream, the confluence with the Big Sioux River, Creek; Springwater Creek; and adjacent with two recent captures of the species. upstream to the South Dakota/ off-channel pool habitat. This is the only stream in Nebraska with Minnesota border, including adjacent Rock River Watershed capture records for the species since off-channel pool habitat. 1989, and is the only proposed critical 6. Flandreau Creek Complex (one 4. Rock River Complex (28 stream habitat in the greater Platte River stream segment in South Dakota), segments in Minnesota), Murray, watershed. Taylor Creek is somewhat Moody County, South Dakota. This Nobles, Pipestone, and Rock Counties, modified in portions of its watershed, complex is comprised of one stream Minnesota. The Rock River Complex is but retains several of the primary segment in South Dakota and four comprised of 28 stream segments in constituent elements necessary for stream segments in Minnesota. Topeka Minnesota and 2 stream segments in designation as critical habitat, including shiners have been recently captured Iowa. Many streams in this complex stream morphology, pools, and instream from several localities in this complex have been impacted by channelization habitat. The proposed reach of Taylor in Minnesota. No known collections and sedimentation to varying degrees. Creek is upstream from its confluence exist from the reach proposed in South These streams are characterized by with Union Creek, near Madison, Dakota. However, this reach of stream is predominantly natural morphology, Nebraska. a likely dispersal corridor, and could be used as refugia for the species during instream pools, and a number of off- South Dakota channel and oxbow pools, with some long periods of drought. We propose for short reaches of channelization. Topeka Big Sioux River Watershed designation—Flandreau Creek, and shiners have recently been captured adjacent off-channel pool habitat, from 1. Hidewood Creek (one stream the confluence with the Big Sioux River, throughout much of the Rock River segment), Deuel and Hamlin Counties, watershed, from both streams and upstream to the South Dakota/ South Dakota. We propose to designate Minnesota border. adjacent off-channel pools and oxbows. critical habitat on Hidewood Creek from 7. Brookfield Creek (one stream We propose portions of the following its confluence with the Big Sioux River, segment), Brookings County, South stream reaches, along with adjacent off- to upstream of State Highway 15, Dakota. The stream reach proposed for channel pool habitat for designation— including adjacent off-channel pool designation runs upstream from the the Rock River from Minnesota/Iowa habitat. confluence with the Big Sioux River, border, upstream to near Holland, 2. Peg Munky Run (one stream including adjacent off-channel pool Minnesota, and six unnamed tributaries; segment), Deuel County, South Dakota. habitat. East Branch Rock River and an We propose habitat from State Highway 8. Slip-Up Creek (one stream unnamed tributary; Kanaranzi Creek, 28, upstream to near Interstate Highway segment), Minnehaha County, South East Branch Kanaranzi Creek, and three 29, including adjacent off-channel pool Dakota. The stream reach proposed for unnamed tributaries; Norwegian Creek habitat. The downstream reach of this designation runs from the confluence and an unnamed tributary; Ash Creek; stream, to the confluence with the Big with the Big Sioux River upstream, and Elk Creek and an unnamed tributary; Sioux River, provides a possible includes adjacent off-channel pool Champepadan Creek and three corridor for dispersal by the species. habitat. unnamed tributaries; Mound Creek; However, this reach is highly 9. Split Rock/Pipestone/Beaver Creek Poplar Creek and an unnamed tributary; channelized and does not have the Complex (seven stream segments in and Chanarambie Creek and North necessary primary constituent elements South Dakota), Minnehaha and Moody Branch Chanarambie Creek. present for proposing designation. Counties, South Dakota. This complex 5. Little Rock River Complex (two 3. Sixmile Creek Complex (two stream is comprised of 7 stream segments in stream segments in Minnesota), Nobles segments), Brookings County, South South Dakota and 18 in Minnesota. The County, Minnesota. The Little Rock Dakota. Habitat is proposed from near streams and some of their adjacent off- River Complex is comprised of two the confluence with the Big Sioux River, channel pool habitats in this complex stream segment in Minnesota and one to upstream of White, South Dakota. have recent collection records for The proposed reaches include portions stream segment in Iowa. Topeka shiners Topeka shiner. While some habitat in of Sixmile Creek and an unnamed have recently been captured in portions these tributary streams has been altered, tributary, including adjacent off-channel of the Little Rock River watershed, both primarily by channelization and pool habitat. from streams and adjacent off-channel sedimentation, current habitat 4. Medary Creek Complex (three pools and oxbows. We propose the conditions provide most or all of the stream segments), Brookings County, reaches of the Little Rock River from the primary constituent elements consistent South Dakota. This complex is Minnesota/Iowa border, upstream to with designation as critical habitat. We comprised of three stream segments in near Rushmore, Minnesota, and propose for designation portions of— South Dakota and two in Minnesota. portions of Little Rock Creek, including Split Rock Creek and an unnamed Topeka shiners have recently been tributary; Pipestone Creek and an adjacent off-channel pool habitat. captured from several localities in this unnamed tributary; West Pipestone 6. Mud Creek Complex (three stream complex. We propose for designation— Creek; Beaver Creek; Fourmile Creek; segments), Rock County, Minnesota. Medary Creek from the confluence with and adjacent off-channel pool habitat This complex is comprised of three the Big Sioux River, upstream to the within these reaches. stream segments. We propose portions South Dakota/Minnesota border; and of Mud Creek and two unnamed portions of Deer Creek and an unnamed Vermillion River Watershed tributaries, and adjacent off-channel tributary, and adjacent off-channel pool 10. Vermillion River Complex (nine pool habitat for designation. habitat. stream segments), Clay, Lincoln,

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McCook, Miner, and Turner Counties, 15. Enemy Creek (one stream consideration is not required if adequate South Dakota. This complex is segment), Davison and Hanson management or protection is already in comprised primarily of long reaches of Counties, South Dakota. This stream is place. Adequate special management the Vermillion River mainstem and characterized by moderate quality consideration or protection is provided West Fork Vermillion River. aquatic habitat draining a mostly grassy by a legally operative plan or agreement Additionally, several tributaries provide floodplain and primarily cultivated that addresses the maintenance and habitat for the species, with conditions uplands. The stream reach proposed for improvement of the primary constituent varying across the complex. While some designation runs upstream from the elements important to the species and aquatic habitat has been altered, confluence with the James River. manages for the long-term conservation primarily by channelization and 16. Rock Creek (one stream segment), of the species. We use the following sedimentation, current habitat Davison, Hanson, and Miner Counties, three criteria to determine if a plan conditions provide most or all of the South Dakota. This stream is provides adequate special management primary constituent elements consistent characterized by moderate quality or protection—(1) A current plan or with designation as critical habitat. aquatic habitat draining a grassy agreement must be complete and Topeka shiners have been captured in floodplain and primarily cultivated provide sufficient conservation benefit several locations within this complex, uplands. The stream reach proposed for to the species; (2) the plan must provide including the mainstem river reaches. It designation runs upstream from the assurances that the conservation is likely that the species utilizes these confluence with the James River. management strategies will be mainstem reaches as dispersal corridors 17. Firesteel Creek Complex (two implemented; and (3) the plan must and refugia during periods of drought. stream segments), Aurora and Davison provide assurances that the We propose portions of the following Counties, South Dakota. This complex conservation management strategies will streams for designation—Vermillion provides the primary constituent be effective, (i.e., provide for periodic River; West Fork Vermillion River; East elements necessary for designation as monitoring and revisions as necessary). Fork Vermillion River; Silver Lake critical habitat, including natural stream If all of these criteria are met, then lands Creek; Camp Creek; Turkey Ridge Creek; morphology and instream habitat. We covered under the plan would no longer Long Creek; Saddle Creek; and Blind are proposing the reach of Firesteel meet the definition of critical habitat. Creek. Creek from near the headwaters of Lake Missouri—Exclusion Under Section Mitchell upstream to the confluence Lower James River Watershed 3(5)(A) with West Branch Firesteel Creek and 11. Lonetree Creek Complex (two West Branch Firesteel upstream to near In Missouri, the Topeka shiner stream segments), Hutchinson County, Wilmarth Lake. historically occurred in small, South Dakota. This complex provides headwater streams in northern portions the primary constituent elements Upper James River Watershed of the State, within the Missouri/Grand necessary for designation as critical 18. Pearl Creek Complex (two stream River Watershed. This area has been habitat, including natural stream segments), Beadle County, South designated as Primary Recovery Unit 5 morphology and instream habitat. We Dakota. The streams in this complex are by the Topeka Shiner Recovery Team in propose portions of Lonetree Creek characterized by quality aquatic habitat the preliminary Draft Topeka Shiner immediately upstream from its draining a grassy floodplain and Recovery Plan. The Topeka shiner has confluence with the James River, and primarily cultivated uplands. Riparian been a focal species for planning and South Branch Lonetree Creek. conditions are good and appear stable. conservation efforts on various levels in 12. Dry Creek Complex (two stream Recent records of Topeka shiners within the State since the mid-1990s. In 1995, segments), Hutchinson County, South these stream segments suggest a healthy the Missouri Department of Dakota. This complex provides the and stable population. We propose for Conservation (MDC) established a 5- primary constituent elements necessary designation portions of Pearl Creek from member Topeka shiner Working Group for designation as critical habitat, its confluence with the James River and a 16-member Advisory Group to including natural stream morphology upstream past its confluence with direct, implement, and facilitate Topeka and instream habitat. We propose Middle Pearl Creek and a reach of shiner recovery actions in Missouri. In portions of Dry Creek upstream from its Middle Pearl Creek upstream from its 1996, MDC, with approval of the confluence with the James River and confluence with Pearl Creek. Conservation Commission of Missouri North Branch Dry Creek. 19. Shue Creek (one stream segment), (Conservation Commission), listed the 13. Wolf Creek (one stream segment), Beadle County, South Dakota. This Topeka shiner as an endangered species Hutchinson County, South Dakota. This stream is characterized by quality under the State’s Wildlife Code stream is characterized by moderate aquatic habitat draining a grassy (Conservation Commission of Missouri quality aquatic habitat draining a mostly floodplain and primarily cultivated 2001). In January 1999, MDC adopted grassy floodplain and primarily uplands. The stream reach proposed for and approved an Action Plan for the cultivated uplands. The stream reach designation runs from Shue Creek’s Topeka shiner (Notropis topeka) in proposed for designation runs upstream confluence with the James River Missouri (Action Plan) (Missouri from the confluence with the James upstream to Staum Dam. Department of Conservation 1999). The River. Action Plan identifies comprehensive 14. Twelve-mile Creek (one stream Exclusions From Critical Habitat conservation measures and programs segment), Davison, Hanson, and Section 3(5) of the Act defines critical necessary to achieve recovery of the Hutchinson Counties, South Dakota. habitat, in part, as areas within the Topeka shiner in Missouri. This stream is characterized by geographical area occupied by the Implementation of recovery efforts for moderate quality aquatic habitat species ‘‘on which are found those the Topeka shiner in Missouri as draining a mostly grassy floodplain and physical and biological features (I) outlined in this plan are ongoing. In primarily cultivated uplands. The essential to the conservation of the 1999, the Conservation Commission stream reach proposed for designation species and (II) which may require established the Private Lands Services upstream runs from the confluence with special management considerations and Division within MDC. Eighty-three MDC the James River. protection.’’ Special management staff were redirected to private land

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conservation throughout the State, not yet completed since 1999 and those in the implementation schedule of the including a minimum of 16 Private uncompleted actions identified in the Service’s preliminary draft Recovery Lands Services personnel with Service’s preliminary draft Recovery Plan have either been completed or are responsibility for the counties in Plan. Revision of the Action Plan will currently being implemented by MDC in Primary Recovery Unit 5. Duties of include a detailed implementation cooperation with us, the Topeka Shiner personnel within this division include schedule following the Service’s time Recovery Team, and other Federal, the facilitation of conservation efforts on table outlined in the Service’s State, and private entities; (3) the private property throughout Missouri preliminary draft Recovery Plan. Private Land Services Division within for all federally listed species, including Other specific Topeka shiner MDC greatly facilitates the the Topeka shiner. Additionally, there conservation efforts being undertaken implementation of recovery actions on are at least 86 fisheries, forestry, natural within the Missouri/Grand Watershed private property where the species history, protection, and wildlife staff in Missouri in accordance with the currently exists or where the species delivering services to private Action Plan are—(1) Implementation of may be reintroduced; (4) planned landowners as a routine aspect of their a landowner incentive program and expansion of our Partners for Fish and job within Primary Recovery Unit 5. completion of a study on the potential Wildlife Program within Topeka shiner- Within the Missouri/Grand Watershed impacts of Confined Animal Feeding occupied habitat to benefit an additional in Missouri, the following Topeka Operations within the Moniteau Creek 10–15 landowners at an estimated cost shiner conservation actions have been Watershed; (2) development of 10-year of $100,000 within the next 5 years fish monitoring plans for the Moniteau, completed or are ongoing—(1) (Kelly Srigley Werner, Fish and Wildlife Bon Femme, and Sugar Creek Establishment of the Missouri Topeka Service Missouri Private Lands watersheds; (3) development and Shiner Working Group to direct the Coordinator, pers. comm.); (5) implementation of a Sugar Creek sub- recovery of the species throughout the commitments by MDC Fisheries and basin management plan; (4) State; (2) the development and ongoing Natural History divisions staff to help development and implementation of a implementation of the Action Plan; (3) coordinate and implement Topeka Three Creeks Conservation Area establishment of permanent sampling shiner recovery efforts between MDC Management Plan within the Bon sites and standardized monitoring of and Federal, State, and private entities, Femme Creek Watershed; (5) protection Missouri’s Topeka shiner populations and MDC’s Topeka Shiner Recovery and management of Bon Femme Creek and completion of a recent state-wide Coordinator; (6) active participation by by establishing these watersheds as MDC on the Topeka Shiner Recovery survey for the species (Gelwicks and Missouri Department of Natural Bruenderman 1996); (4) initiation of Team; and (7) revisions to the Action Resources’ Agricultural Non-point Plan, scheduled for completion within artificial propagation of Topeka shiners Source Pollution Special Area Land including the development and the current calendar year, will focus on Treatment watersheds; and (6) incorporating any of the recovery refinement of captive rearing techniques reestablishment or restoration of that will be applicable across the range actions outlined in the Service’s riparian corridors through tree preliminary draft Recovery Plan that are of the species; (5) completion of genetic plantings, natural regeneration, fencing analyses of different populations of currently not addressed. The scientific to restrict livestock use of stream banks, soundness of MDC’s Action Plan was Topeka shiners in Missouri; (6) creation of alternative livestock incorporation of Topeka shiner recovery further validated by us and the Recovery watering sources, establishment of Team when the Action Plan’s and conservation efforts in State warm season grass buffer strips, monitoring protocol and strategic planning documents on several streambank stabilization activities, and recommendations for reducing and different levels (e.g., regional actions outlined in a grazing plan eliminating threats to the Topeka shiner management guidelines, watershed developed for private landowners were incorporated, in part, into the inventory and assessment plans, within the Bon Femme, Moniteau, and Service’s preliminary draft Recovery hatchery plans, conservation area plans, Sugar Creek watersheds. Additionally, Plan. various division work plans) that 10 Missouri Stream Teams formally facilitate the implementation of ‘‘adopted’’ various stretches of occupied We evaluated the Action Plan and activities identified in the State Action Topeka shiner habitat within the Bon associated Topeka shiner conservation Plan and the Service’s preliminary draft Femme, Moniteau, and Sugar Creek actions that have been completed, Recovery Plan; (7) development and watersheds. Stream teams assist in the ongoing, or planned in Missouri against dissemination of public outreach and conservation of the Topeka shiner in our three criteria used to determine education materials throughout these watersheds by promoting local whether lands require ‘‘special Missouri and elsewhere within the citizen awareness of Topeka shiners and management considerations or range of the species (e.g., Best stream health, and by direct protections,’’ under the definition of Management Plans, posters, pamphlets, involvement with stream cleaning and critical habitat in section 3 of the Act. ‘‘critter’’ collector cards; various articles water quality monitoring activities. The Action Plan clearly provides published in the Missouri Additional assurances that the Action conservation benefits to the species; the Conservationist magazine); (8) Plan will be implemented and Action Plan provides assurances that completion and dissemination of several conservation of the Topeka shiner will conservation efforts will be ecological and life history studies be achieved in Missouri is demonstrated implemented since MDC has authority involving Topeka shiner; (9) securing by the following actions—(1) To date, at to implement the plan, has put in place matching funds from the Service (e.g., least $105,000 has been expended on the funding and staffing necessary to Cooperative Endangered Species recovery actions for the Topeka shiner implement the Plan, and has completed Conservation Fund, Partners for Fish in Missouri, and is likely to increase to or begun work on many significant and Wildlife) to conduct surveys and at least $600,000 within the next 10 elements of the Plan; and the Action ecological studies, and for various years; (2) 80 percent (i.e., 12 of 15) of Plan and efforts of MDC will be effective habitat restoration and enhancement the priority 1 tasks (i.e., those actions since they include biological goals, activities; and (10) revision of the deemed necessary to prevent extinction restoration objectives, and monitoring Action Plan that will include actions of the species) identified and outlined consistent with the preliminary draft

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Recovery Plan. Therefore, we the definition of critical habitat because jeopardize the continued existence of a determined that all Topeka shiner areas there is adequate special management or listed species or result in the in Missouri (Primary Recovery Unit 5) protection, and we did not include them destruction or adverse modification of do not meet the definition of critical in this proposal. designated critical habitat. This habitat because there is adequate special requirement is met through section 7 Land Ownership management or protection, and we did consultation under the Act. Adverse not include them in this proposal. The vast majority (approximately 98 modification might result from percent) of proposed critical habitat is alterations that include, but are not Fort Riley, Kansas (Department of the in private ownership. Private lands are limited to, adverse changes to the Army)—Exclusion Under Section primarily used for grazing and physical or biological features, i.e., the 3(5)(A) agriculture, but also include some primary constituent elements that were The Fort Riley Military Installation, urban, suburban, and industrial areas. the basis for determining the habitat to located in Riley and Geary Counties, Additionally, there are small, scattered be critical. Kansas, is primarily an infantry and tracts of State and Federal lands. tank training facility. Fort Riley lies Conference for Proposed Critical within the Flint Hills Region of Kansas Effects of Critical Habitat Designation Habitat and has several low order streams that Designating critical habitat does not, Section 7(a)(4) of the Act requires drain to the Kansas River. Presently, the in itself, lead to the recovery of a listed Federal agencies to confer with us on Topeka shiner occurs in four streams on species. The designation does not any action that is likely to result in the Fort Riley—Wildcat Creek and its establish a reserve, create a management destruction or adverse modification of tributaries, Wind Creek, Little Arkansas plan, establish numerical population proposed critical habitat. The Creek, and Sevenmile Creek. These goals, prescribe specific management regulations for interagency cooperation streams are within Primary Recovery practices (inside or outside of critical regarding proposed critical habitat are Unit 1, as designated by the preliminary habitat), or directly affect areas not codified at 50 CFR 402.10. During a draft Topeka Shiner Recovery Plan. designated as critical habitat. Specific conference on the effects of a Federal The Topeka shiner has been a focal management recommendations for areas action on proposed critical habitat, we species for planning and conservation designated as critical habitat are most make nonbinding recommendations on efforts on Fort Riley since the early appropriately addressed in recovery and ways to minimize or avoid adverse 1990s, with numerous stream surveys conservation plans, and through section effects of the action. We document these occurring from this time to the present. 7 consultation and section 10 permits. recommendations and any conclusions Development of management guidelines However, designation of critical reached in a conference report provided for the species was initialized in 1994. habitat can help focus conservation to the Federal agency and to any The first Endangered Species activities for listed species by applicant involved. Management Plan for Topeka Shiner on identifying areas essential to conserve If requested by the Federal agency and Fort Riley was formalized in 1997. This the species. Designation of critical deemed appropriate by us, the management plan was revised and habitat also alerts the public, as well as conference may be conducted in incorporated into Fort Riley’s Integrated land-managing agencies, to the accordance with the procedures for Natural Resource Management Plan importance of these areas. As a result of formal consultation under 50 CFR 2001–2005, which was formalized July critical habitat designation, Federal 402.14. We may adopt an opinion 30, 2001 (Keating, Ft. Riley Natural agencies may be able to prioritize issued at the conclusion of the Resources Division, pers. comm. 2002). landowner incentive programs such as conference as our biological opinion This management plan outlines and Conservation Reserve Program when the critical habitat is designated describes—conservation goals; enrollment and other private landowner by final rule, but only if new management prescriptions and actions; agreements that benefit the Topeka information or changes to the proposed a monitoring plan; estimates of time, shiner. Critical habitat designation also Federal action would not significantly cost, and personnel needed; a checklist may assist States and local governments alter the content of the opinion. of tasks; and an annual report in prioritizing their conservation and Consultation for Designated Critical (Department of the Army 2001). land management programs. We evaluated the Fort Riley Habitat Endangered Species Management Plan Section 7 Consultation If a Federal action may affect a listed for Topeka Shiner and the Fort’s The regulatory effects of a critical species or its designated critical habitat, associated Topeka shiner conservation habitat designation under the Act are the action agency must initiate actions that have been completed, triggered through the provisions of consultation with us (50 CFR 402.14). ongoing, or planned, against our three section 7, which apply only to activities Through this consultation, we would criteria used to determine whether lands conducted, authorized, or funded by a advise the agency whether the action require ‘‘special management Federal agency (Federal actions). would likely jeopardize the continued considerations or protections,’’ under Regulations implementing this existence of the species or adversely the definition of critical habitat in interagency cooperation provision of the modify its critical habitat. section 3 of the Act. This management Act are codified at 50 CFR 402. When we issue a biological opinion plan provides conservation benefits to Individuals, organizations, States, local that concludes that an action is likely to the species; the plan provides governments, and other non-Federal result in the destruction or adverse assurances that conservation efforts will entities are not affected by the modification of critical habitat, we must be implemented; and the plan and designation of critical habitat unless provide reasonable and prudent efforts of the Army will be effective their actions occur on Federal lands, alternatives to the action, if any are since they include biological goals, require Federal authorization, or involve identifiable. Reasonable and prudent restoration objectives, and monitoring Federal funding. alternatives are actions identified during consistent with the draft Recovery Plan. Section 7(a)(2) of the Act requires consultation that can be implemented in Therefore, we determine that all Topeka Federal agencies, including us, to insure a manner consistent with the intended shiner areas on Fort Riley do not meet that their actions are not likely to purpose of the proposed action, are

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consistent with the scope of the action note that flow reductions that result modifications may include such things agency’s authority and jurisdiction, are from actions affecting tributaries of the as adjusting the timing of projects to economically and technologically proposed stream reaches also may avoid sensitive periods for the species feasible, and would likely avoid the destroy or adversely modify critical and its habitat; replanting riparian destruction or adverse modification of habitat; vegetation; minimizing work and critical habitat (50 CFR 402.02). (2) Significantly and detrimentally vehicle use in the wetted channel; altering the characteristics of the restricting riparian and upland Reinitiation of Prior Consultations riparian zone in any of the designated vegetation clearing; fencing to exclude A Federal agency may request a stream segments. Possible actions would livestock and limit recreational use; use conference with us for any previously include vegetation manipulation, timber of alternative livestock management reviewed action that is likely to destroy harvest, road construction and techniques; avoidance of pollution; or adversely modify proposed critical maintenance, livestock grazing, off-road minimizing ground disturbance in the habitat and over which the agency vehicle use, powerline or pipeline floodplain; use of alternative material retains discretionary involvement or construction and repair, mining, and sources; storage of equipment and control, as described above under urban and suburban development; staging of operations outside the ‘‘Conference for Proposed Critical (3) Significantly and detrimentally floodplain; use of sediment barriers; Habitat.’’ Following designation of altering the channel morphology of any access restrictions; and use of best critical habitat, regulations at 50 CFR of the stream segments listed above. management practices to minimize 402.16 require a Federal agency to Possible actions include channelization, erosion. reinitiate consultation for previously impoundment, road and bridge If you have questions regarding reviewed actions that may affect critical construction, deprivation of substrate whether specific activities will likely habitat and over which the agency has source, destruction and alteration of constitute destruction or adverse retained discretionary involvement or riparian vegetation, reduction of modification of critical habitat, contact control. available floodplain, removal of gravel the Field Supervisor, Kansas Ecological or floodplain terrace materials, ADDRESSES Federal Actions That May Destroy or Services Field Office (see reduction in stream flow, and excessive Adversely Modify Topeka Shiner section). Requests for copies of the sedimentation from mining, livestock Critical Habitat regulations on listed wildlife and grazing, road construction, timber inquiries about prohibitions and permits Section 4(b)(8) of the Act requires us harvest, off-road vehicle use, and other may be addressed to the U.S. Fish and to include in any proposed or final watershed and floodplain disturbances; Wildlife Service, Division of regulation that designates critical (4) Significantly and detrimentally Endangered Species, P.O. Box 25486, habitat a description and evaluation of altering the water chemistry in any of Denver Federal Center, Denver, those activities involving a Federal the designated stream segments. Colorado 80225 (telephone 303–236– action that may adversely modify such Possible actions include release of 7400; facsimile 303–236–0027). habitat or that may be affected by such chemical or biological pollutants into A preliminary draft recovery plan for designation. A wide range of Federal the surface water or connected the Topeka shiner has been developed activities have the potential to destroy groundwater at a point source or by and is undergoing internal review prior or adversely modify critical habitat for dispersed release (non-point); and to being formally proposed, peer- the Topeka shiner. These activities may (5) Introducing, spreading, or reviewed by scientists, and published to include land and water management augmenting nonnative aquatic species solicit public comments. The recovery actions of Federal agencies (e.g., U.S. in any of the designated stream plan, when finalized, will provide Army Corps of Engineers, Natural segments. Possible actions include fish recommendations on recovering this Resources Conservation Service, and stocking for sport, aesthetics, biological species, including recommendations on Bureau of Reclamation), and related or control, or other purposes; use of live management of critical habitat. Should similar actions of other federally bait fish; aquaculture; construction and the recovery plan recommend adding or regulated projects (e.g., road and bridge operation of canals; and interbasin deleting areas as critical habitat, we will construction activities by the Federal water transfers. consider whether a future revision of Highway Administration; dredge and Not all of the identified activities are critical habitat is appropriate. fill projects, sand and gravel mining, necessarily of current concern within and bank stabilization activities the range of the Topeka shiner; Economic Analysis conducted or authorized by the U.S. however, they do indicate the potential Section 4(b)(2) of the Act requires us Army Corps of Engineers; and National types of activities that will require to designate critical habitat on the basis Pollutant Discharge Elimination System consultation in the future and, therefore, of the best scientific and commercial permits authorized by the may be affected by critical habitat information available, and to consider Environmental Protection Agency). designation. We note that the areas we the economic and other relevant Specifically, activities that may destroy propose for designation as critical impacts of designating these areas as or adversely modify critical habitat are habitat for the Topeka shiner are critical habitat. We may exclude areas those that alter the primary constituent occupied by the species, and actions from critical habitat upon a elements (defined above) to an extent that adversely modify critical habitat determination that the benefits of such that the value of critical habitat for both may also jeopardize the continued exclusions outweigh the benefits of the survival and recovery of the Topeka existence of the species. designating these areas as critical shiner is appreciably reduced. Such As discussed previously, Federal habitat. We cannot exclude areas from activities include, but are not limited to: actions that are found likely to destroy critical habitat when the exclusion will (1) Significantly and detrimentally or adversely modify critical habitat may result in the extinction of the species. altering the minimum flow or the often be modified, through development We will conduct an analysis of the natural flow regime of any of the of reasonable and prudent alternatives, economic impacts of designating these designated stream segments. Possible in ways that will remove the likelihood areas as critical habitat prior to a final actions include groundwater pumping, of destruction or adverse modification determination. When completed, we impoundment, and water diversion. We of critical habitat. Such project will announce the availability of the

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draft economic analysis with a notice in range of the Topeka shiner, but did not values, and reductions in administrative the Federal Register, and, if necessary, provide locality information. We further costs). reopen the comment period at the time contacted the tribes. The Sisseton— Our practice is to make comments to accept comments on the economic Wahpeton Sioux Tribe responded with that we receive on this rulemaking, analysis or further comments on the general information on potential Topeka including names and home addresses of proposed rule. The economic analysis shiner habitat on their tribal lands and respondents, available for public review will be available at http://mountain- requested funding from the Service and during regular business hours. prairie.fws.gov/topekashiner/ch. This the BIA for surveys for the Topeka Individual respondents may request that economic analysis will serve as the shiner. However, up to the time of this we withhold their home address from basis of our analysis under section publication, no maps identifying the the rulemaking record, which we will 4(b)(2), and of any exclusions. As this location of these trust lands have been honor to the extent allowable by law. In economic analysis is not yet completed, provided. Therefore, we are unable to some circumstances, we would we are not yet able to identify proposed identify any tribal trust lands withhold from the rulemaking record a exclusions under section 4(b)(2) in this potentially proposed for designation as respondent’s identity, as allowable by proposed rule. We will review this critical habitat. We do not anticipate law. If you wish for us to withhold your analysis, public comments on the that proposal of critical habitat on non- name and/or address, you must state analysis and this proposed rule, and the tribal lands will result in any impact on this request prominently at the benefits of designating areas as critical tribal trust resources or the exercise of beginning of your comment. However, habitat; we may identify certain tribal rights. In complying with our we will not consider anonymous proposed areas that should be excluded tribal trust responsibilities, we must comments. We will make all from the final critical habitat communicate with all tribes potentially submissions from organizations or designation, provided these exclusions affected by the designation. Therefore, businesses, including the individuals will not result in the extinction of the we are soliciting additional information identifying themselves as species. As a result, the final critical during the comment period on potential representatives or officials of habitat determination may differ from effects to the tribes or tribal resources organizations or businesses, available this proposal. that may result from critical habitat for public inspection in their entirety. designation. American Indian Tribal Rights, Clarity of the Rule Federal-Tribal Trust Responsibilities, Public Comments Solicited Executive Order 12866 requires each and the Endangered Species Act We intend for any final action agency to write regulations and notices In accordance with the Presidential resulting from this proposal to be as that are easy to understand. We invite Memorandum of April 29, 1994, we accurate and effective as possible. your comments on how to make this believe that, to the maximum extent Therefore, we are soliciting comments proposed rule easier to understand possible, tribes should be the or suggestions from the public, other including answers to questions such as governmental entities to manage their concerned governmental agencies, the the following: lands and tribal trust resources. To this scientific community, industry, or any (1) Are the requirements in the end, we support tribal measures that other interested party regarding this document clearly stated? preclude the need for conservation proposed rule. We particularly seek (2) Does the proposed rule contain regulations, and we provide technical comments concerning: technical language or jargon that assistance to Indian tribes who wish (1) The reasons why any habitat interferes with the clarity? assistance in developing and expanding should or should not be determined to (3) Does the format of the proposed tribal programs for the management of be critical habitat as provided by section rule (grouping and order of sections, use healthy ecosystems so that Federal 4 of the Act, including whether the of headings, paragraphing, etc.) aid or conservation regulations, such as benefits of excluding areas will reduce its clarity? designation of critical habitat, on tribal outweigh the benefits of including areas (4) Is the description of the proposed lands are unnecessary. The Presidential as critical habitat; rule in the SUPPLEMENTARY INFORMATION Memorandum of April 29, 1994, also (2) Specific information on the section of the preamble helpful in requires us to consult with the tribes on abundance of the Topeka shiner and the understanding the document? matters that affect them, and section amount and distribution of its habitat; (5) What else could we do to make the 4(b)(2) of the Act requires us to gather (3) Areas that are essential to the proposed rule easier to understand? information regarding the designation of conservation of the species and that may Send a copy of any comments that critical habitat and the effects thereof require special management concern how we could make this from all relevant sources, including the considerations or protection and why; proposed rule easier to understand to— tribes. (4) Land use practices and current or Office of Regulatory Affairs, Department In examining the geographic extent of planned activities in the subject areas of the Interior, Room 7229, 1849 C areas proposed for designation as and their possible impacts on proposed Street, NW., Washington, DC 20240. critical habitat, we did not identify any critical habitat; You also may e-mail comments to tribal trust resources, tribally owned fee (5) Any foreseeable economic or other [email protected]. lands, or tribal rights that might be impacts resulting from the proposed affected by the designation. Our South designation of critical habitat, in Peer Review Dakota Field Office corresponded with particular, any impacts on small entities In accordance with our policy the Bureau of Indian Affairs (BIA), Great or families; and published on July 1, 1994 (59 FR Plains Regional Office, which identified (6) Economic and other values 34270), we will seek the expert opinions two potentially affected tribes, the associated with designating critical of at least three appropriate and Sisseton—Wahpeton Sioux Tribe and habitat for the Topeka shiner, such as independent specialists regarding this the Flandreau Santee Sioux Tribe. The those derived from nonconsumptive proposed rule. The purpose of such BIA communicated that these tribes do uses (e.g., hiking, camping, birding, review is to ensure listing decisions are have land held in trust, either by the enhanced watershed protection, based on scientifically sound data, tribe or individuals, within the general increased soil retention, existence assumptions, and analyses. We will

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send copies of this proposed rule Regulatory Flexibility Act (5 U.S.C. 601 evaluate whether designation of critical immediately following publication in et seq.) habitat will have an effect on activities the Federal Register to these peer In the economic analysis, we will carried out by small entities. For actions on non-Federal property reviewers. We will invite these peer determine whether designation of that do not have a Federal connection reviewers to comment, during the critical habitat will have a significant (such as funding or authorization), the public comment period, on the specific effect on a substantial number of small current restrictions concerning take of assumptions and conclusions regarding entities. As discussed under Regulatory the species remain in effect, and this the proposed designation of critical Planning and Review above, this rule is habitat. We will consider all comments rule will have no additional restrictions. expected to result in few, if any, and information received during the restrictions in addition to those Small Business Regulatory Enforcement comment period on this proposed rule currently in existence. As indicated on Fairness Act (5 U.S.C. 804(2)) during preparation of a final Table 1 (see Critical Habitat rulemaking. Accordingly, the final In the economic analysis, we will Designation), we designated property decision may differ from this proposal. determine whether designation of owned by Federal and State critical habitat will cause—(a) Any Public Hearings and Meetings governments, and private entities. effect on the economy of $100 million The Act provides for one or more Within these areas, the types of or more, (b) any increases in costs or public hearings or meetings on this Federal actions or authorized activities prices for consumers, individual proposal, if requested. Given the large that we have identified as potential industries, Federal, State, Tribal, or geographic extent covered by this concerns are: local government agencies, or proposal, we have scheduled six public (1) Regulation of activities affecting geographic regions, or (c) any significant meetings. waters of the United States by the Corps adverse effects on competition, Public meetings will be held at: under section 404 of the Clean Water employment, investment, productivity, 1. Manhattan, KS, on September 4, Act, and section 10 of the Rivers and innovation, or the ability of United 2002, at the Ramada Inn, Landon Room, Harbors Act; States-based enterprises to compete 17th and Anderson Avenue; (2) Regulation of water flows, water with foreign-based enterprises. 2. Bethany, MO, on September 5, delivery, and diversion by Federal 2002, at the Bethany Community Center, agencies; Executive Order 13211 105 North 25th Street; (3) Sale, exchange, or lease of lands On May 18, 2001, the President issued 3. Fort Dodge, IA, on September 9, owned by a Federal agency; an Executive Order (Executive Order 2002, at the Best Western Starlite (4) Road construction and 13211) on regulations that significantly Village, 1518 3rd Avenue NW.; maintenance and right-of-way affect energy supply, distribution, and 4. Pipestone, MN, on September 10, designation; use. Executive Order 13211 requires 2002, at the Pipestone National (5) Funding of low-interest loans to agencies to prepare Statements of Monument; facilitate the construction of low-income Energy Effects when undertaking certain 5. Sioux Falls, SD, on September 11, housing by the Department of Housing actions. As this proposed rule is not 2002, at the Country Inn and Suites, and Urban Development; expected to significantly affect energy Riverfront Room, 200 East 8th Street; (6) Hazard mitigation and post- supplies, distribution, or use, this action 6. Madison, NE., on September 12, disaster repairs funded by the Federal 2002, at the Shelter House, 300 West is not a significant energy action and no Emergency Management Agency; Statement of Energy Effects is required. 10th Street. (7) Promulgation of air and water All public meetings will run from 6 quality standards under the Clean Air Unfunded Mandates Reform Act p.m. to 9 p.m. Act and the Clean Water Act and the In accordance with the Unfunded Required Determinations cleanup of toxic waste and superfund Mandates Reform Act (2 U.S.C. 1501 et sites under the Resource Conservation seq.) the Service will use the economic Regulatory Planning and Review and Recovery Act and the analysis to further evaluate this In accordance with Executive Order Comprehensive Environmental situation. 12866, this document is a significant Response, Compensation, and Liability rule and was reviewed by the Office of Act by the U.S. Environmental Takings Management and Budget (OMB). The Protection Agency; In accordance with Executive Order Service is preparing a draft economic (8) Issuance of Endangered Species 12630, this rule does not have analysis of this proposed rule, and will Act section 10(a)(1)(B) permits by the significant takings implications, and a use this analysis to meet the Fish and Wildlife Service; and takings implication assessment is not requirement of section 4(b)(2) of the (9) Activities funded, carried out, or required. This determination will not ESA to determine the economic authorized by any Federal agency. ‘‘take’’ private property and will not consequences of designating the specific Many of these activities sponsored by alter the long-term value of private areas as critical habitat and excluding Federal agencies within the proposed property. As discussed above, the any area from critical habitat if it is critical habitat areas are carried out by designation of critical habitat affects determined that the benefits of small entities (as defined by the only Federal agency actions. The rule exclusion outweigh the benefits of Regulatory Flexibility Act) through will not increase or decrease the current specifying such areas as part of the contract, grant, permit, or other Federal restrictions on private property critical habitat, unless failure to authorization. As discussed above, these concerning take of Topeka shiner as designate such areas as critical habitat actions are currently required to comply defined in section 9 of the Act and its will lead to the extinction of the Topeka with the listing protections of the Act, implementing regulations (50 FR 17.31). shiner. This analysis will be available and the designation of critical habitat is Due to current public knowledge of the for public comment before finalizing not anticipated to have any additional species’ protection, the prohibition this designation. The availability of the effects on these activities in areas of against take of Topeka shiner both draft economic analysis will be critical habitat occupied by the species. within and outside of the proposed announced in the Federal Register. In the economic analysis, we will areas, and the fact that critical habitat

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provides no incremental restrictions, we determined that the rule does not Government-to-Government do not anticipate that property values unduly burden the judicial system and Relationship With Tribes will be affected by the critical habitat meets the requirements of sections 3(a) designation. While real estate market and 3(b)(2) of the Order. We are In accordance with the President’s values may temporarily decline proposing to designate critical habitat in memorandum of April 29, 1994, following designation, due to the accordance with the provisions of the ‘‘Government-to-Government Relations perception that critical habitat Act and plan public meetings on the with Native American Tribal designation may impose additional proposed designation during the Governments’’ (59 FR 22951), Executive regulatory burdens on land use, we comment period. The rule uses standard Order 13175, and 512 DM 2, we readily expect any such impacts to be short property descriptions and identifies the acknowledge our responsibility to term. Additionally, critical habitat primary constituent elements within the communicate meaningfully with designation does not preclude designated areas to assist the public in recognized Federal Tribes on a government-to-government basis. We development of habitat conservation understanding the habitat needs of the are required to assess the effects of plans and issuance of incidental take Topeka shiner. permits. Landowners in areas that are critical habitat designation on tribal included in the designated critical Paperwork Reduction Act of 1995 lands and tribal trust resources. We habitat will continue to utilize their believe that no tribal lands or tribal trust property in ways consistent with the This rule does not contain any resources are essential for the conservation of the Topeka shiner. information collection requirements for conservation of the Topeka shiner. which OMB approval under the Federalism Paperwork Reduction Act is required. References Cited In accordance with Executive Order Information collections associated with A complete list of all references cited 13132, the rule does not have significant Endangered Species permits are covered in this proposed rule is available upon Federalism effects. A Federalism by an existing OMB approval and are request from the Kansas Ecological assessment is not required. In keeping assigned control number 1018–0094, Services Field Office (see ADDRESSES). with Department of the Interior policy, which expires on July 31, 2004. An the Service requested information from agency may not conduct or sponsor, and Author and coordinated development of this a person is not required to respond to critical habitat proposal with a collection of information unless it The primary author of this proposed appropriate State resource agencies in displays a valid OMB control number. rule is Vernon Tabor, Kansas Ecological Iowa, Kansas, Minnesota, Missouri, Services Field Office (see ADDRESSES). National Environmental Policy Act Nebraska, and South Dakota, as well as List of Subjects in 50 CFR Part 17 during the listing process. We will Our position is that, outside the Tenth Endangered and threatened species, continue to coordinate any future Circuit, we do not need to prepare Exports, Imports, Reporting and designation of critical habitat for Topeka environmental analyses as defined by recordkeeping requirements, shiner with the appropriate State the National Environmental Policy Act agencies. The designation of critical Transportation. (NEPA) in connection with designating habitat for the Topeka shiner imposes critical habitat under the Endangered Proposed Regulation Promulgation few additional restrictions to those Species Act of 1973, as amended. We currently in place and, therefore, has published a notice outlining our reasons Accordingly, we propose to amend little incremental impact on State and part 17, subchapter B of chapter I, title local governments and their activities. for this determination in the Federal Register on October 25, 1983 (48 FR 50 of the Code of Federal Regulations as The designation may have some benefit set forth below: to these governments in that the areas 49244). This assertion was upheld in the essential to the conservation of the courts of the Ninth Circuit (Douglas PART 17—[AMENDED] species are more clearly defined and the County v. Babbitt, 48 F .3d 1495 (Ninth primary constituent elements of the Cir. Ore. 1995), cert. denied 116 S. Ct. 1. The authority citation for part 17 habitat necessary to the conservation of 698 (1996)). However, when the range of continues to read as follows: the species are specifically identified. the species includes States within the 10th Circuit, pursuant to the 10th Authority: 16 U.S.C. 1361–1407; 16 U.S.C. While making this definition and 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– identification does not alter where and Circuit ruling in Catron County Board of 625, 100 Stat. 3500; unless otherwise noted. what federally sponsored activities may Commissioners v. U.S. Fish and Wildlife occur, doing so may assist these local Service, 75 F .3d 1429 (10th Cir. 1996), 2. Amend § 17.11(h), by revising the governments in long-range planning we will complete a NEPA analysis with entry for ‘‘Shiner, Topeka’’ under (rather than waiting for case-by-case an Environmental Assessment. The ‘‘FISHES’’ to read as follows: section 7 consultations to occur). range of the Topeka shiner includes States within the 10th Circuit; therefore, § 17.11 Endangered and threatened wildlife. Civil Justice Reform we are completing an Environmental In accordance with Executive Order Assessment and will announce its * * * * * 12988, the Office of the Solicitor has availability in the Federal Register. (h) * * *

Species Vertebrate popu- Historic range lation where endan- Status When listed Critical habi- Special Common name Scientific name gered or threatened tat rules

******* FISHES

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Species Vertebrate popu- Historic range lation where endan- Status When listed Critical habi- Special Common name Scientific name gered or threatened tat rules

******* Shiner, Topeka ...... (Notropis U.S.A. (IA, KS, MN, Entire ...... E 654 17.95(e) N/A topeka=tristis). MO, NE, SD).

*******

3. Amend § 17.95(e) by adding critical (3) Within these areas, the primary meters (approx. 10 inches) and moderate habitat for the Topeka shiner (Notropis constituent elements include, but are not amounts of instream aquatic cover, such as topeka) in the same alphabetical order limited to, those habitat components that are woody debris, overhanging terrestrial as this species occurs in § 17.11(h). essential for the primary biological needs of vegetation, and aquatic plants; (6) Sand, foraging, sheltering, and reproduction. These gravel, cobble, and silt substrates with § 17.95 Critical habitat—fish and wildlife. elements include the following for Topeka amounts of fine sediment and substrate shiner—(1) Streams most often with * * * * * embeddedness that allows for nest building permanent flow, but that can become and maintenance of nests and eggs by native (e) Fishes. *** intermittent during dry periods; (2) Side Lepomis sunfishes (green sunfish, channel pools and oxbows either seasonally Topeka Shiner (Notropis topeka) orangespotted sunfish, longear sunfish) and connected to a stream or maintained by (1) Critical habitat is depicted for Calhoun, groundwater inputs, at a surface elevation Topeka shiner as necessary for reproduction, Carroll, Dallas, Greene, Hamilton, Lyon, equal to or lower than the bankfull discharge unimpaired behavior, growth, and viability of Osceola, Sac, Webster, and Wright Counties, stream elevation. The bankfull discharge is all life stages; (7) An adequate terrestrial, Iowa; Butler, Chase, Dickinson, Geary, the flow at which water begins leaving the semiaquatic, and aquatic invertebrate food Greenwood, Marion, Marshall, Morris, channel and flowing into the floodplain; this base that allows for unimpaired growth, Pottawatomie, Riley, Shawnee, Wabaunsee, level is generally attained every 1 to 2 years. reproduction, and survival of all life stages; and Wallace Counties, Kansas; Lincoln, Bankfull discharge, while a function of the (8) A hydrologic regime capable of forming, Murray, Nobles, Pipestone, and Rock size of the stream, is a fairly constant feature maintaining, or restoring the flow Counties, Minnesota; Madison County, related to the formation, maintenance, and periodicity, channel morphology, fish Nebraska; Aurora, Beadle, Brookings, Clay, dimensions of the stream channel; (3) community composition, off-channel Davison, Deuel, Hamlin, Hanson, Streams and side channel pools with water habitats, and habitat components described Hutchinson, Lincoln, McCook, Miner, quality necessary for unimpaired behavior, in the other primary constituent elements; Minnehaha, Moody, and Turner Counties, growth, and viability of all life stages. (The and (9) Few or no nonnative predatory or South Dakota, on the maps and as described water quality components include— competitive nonnative species present. below. temperature, turbidity, conductivity, salinity, (2) Critical habitat includes all proposed (4) Critical habitat was identified using— dissolved oxygen, pH, chemical the Fifth Principal Meridian in Iowa, stream channels up to the bankfull discharge contaminants, and other chemical Missouri, and Minnesota; the Sixth Principal elevation. Additionally, in Iowa, Minnesota, characteristics); (4) Living and spawning Meridian in Kansas and Nebraska; U.S. and the Big Sioux River drainage of South areas for adult Topeka shiner with pools or Dakota, the off-channel, side-channel, and runs with water velocities less than 0.5 Geological Survey 30*60 minute (1:100,000) oxbow pools at elevations at or below the meters/second (approx. 20 inches/second) quadrangle maps; the National Hydrography bankfull discharge elevation. Bankfull and depths ranging from 0.1–2.0 meters Dataset (1:100,000) for hydrology; and Digital discharge is the flow at which water begins (approx. 4–80 inches); (5) Living areas for Line Graph (1:2,000,000) for county and State to leave the channel and move into the juvenile Topeka shiner with water velocities boundaries. floodplain and generally occurs with a less than 0.5 meters/second (approx. 20 (5) Map 1 follows: frequency of every 1 to 2 years. inches/second) with depths less than 0.25 BILLING CODE 4310–55–P

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North Raccoon River Complex 4. Lake Creek from its confluence with the Buttrick Creek and East Buttrick Creek North Raccoon River (T86N, R34W, Sec. 23), 1a. Indian Creek from its confluence with (T84N, R30W, Sec. 25). upstream through T87N, R33W, Sec. 25. the North Raccoon River (T87N, R35W, Sec. 9b. West Buttrick Creek, from its 5. Purgatory Creek from its confluence with confluence with East Buttrick Creek (T84N, 24), upstream through T87N, R35W, Sec. 29. the North Raccoon River (T84N, R33W, Sec. R30W, Sec. 25), upstream through T86N, 1b. Tributary to Indian Creek (Ditch 57), 11), upstream through T86N, R32W, Sec. 17. R30W, Sec. 3. from their confluence (T87N, R35W, Sec. 23), 6a. Cedar Creek from its confluence with 9c. East Buttrick Creek, from its confluence the North Raccoon River (T85N, R32W, Sec. upstream to the confluence with the outlet with West Buttrick Creek (T84N, R30W, Sec. creek from Black Hawk Lake (T86N, R36W, 33), upstream to the confluence of West Cedar Creek and East Cedar Creek (T87N, 25), upstream through T85N, R29W, Sec. 20. Sec. 1). 10a. Elm Branch from its confluence with 1c. Outlet Creek from Black Hawk Lake R31W, Sec. 31). 6b. West Cedar Creek from its confluence the North Raccoon River (T81N, R28W, Sec. from its confluence with Ditch 57 (T86N, with East Cedar Creek (T87N, R31W, Sec. 28), upstream to its confluence with Swan R36W, Sec. 1), upstream to lake outlet (T87N, 31), upstream through T87N, R31W, Sec. 18. Lake Branch T81N, R28W, Sec. 28. R35W, Sec. 35). 6c. East Cedar Creek from its confluence 10b. Swan Lake Branch from its confluence 2a. Camp Creek from its confluence with with West Cedar Creek (T87N, R31W, Sec. with Elm Branch (T81N, R28W, Sec. 28), the North Raccoon River (T86N, R34W, Sec. 31), upstream through T87N, R31W, Sec. 9. upstream through T80N, R28W, Sec. 4. 7), upstream through T87N, R34W, Sec. 8. 7. Short Creek from its confluence with the 11. Off-channel and side-channel pools 2b. West Fork Camp Creek from its North Raccoon River (T84N, R31W, Sec. 33), (that meet the previously described criteria) confluence with Camp Creek (T87N, R34W, upstream through T84N, R31W, Sec. 28. adjacent to the North Raccoon River from Sec. 8), upstream through T88N, R34W, Sec. 8. Hardin Creek from its confluence with U.S. Highway 6 (T79N, R27W, Sec. 32), the North Raccoon River (T83N, R30W, Sec. 32. upstream to U.S. Highway 20 (T88N, R36W, 23), upstream through T85N, R31W, Sec. 27. Sec. 24). 3. Prairie Creek from its confluence with 9a. Buttrick Creek from its confluence with (6) Map 2 follows: the North Raccoon River (T86N, R34W, Sec. the North Raccoon River (T83N, R30W, Sec. 16), upstream through T87N, R34W, Sec. 35. 26), upstream to the confluence of West BILLING CODE 4310–55–P

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12. Eagle Creek from its confluence Ditch 3 and Ditch 19 Complex 13b. Ditch 19 from its confluence with with the Boone River (T89N, R25W, Sec. Ditch 3 (T91N, R26W, Sec. 31), 6), upstream through T91N, R25W, Sec. 13a. Ditch 3 from its confluence with upstream through T91N, R26W, Sec. 31. 30. the Boone River (T91N, R26W, Sec. 32), (7) Map 3 follows: upstream through T91N, R26W, Sec. 30. BILLING CODE 4310–55–P

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Rock River Complex 15. Kanaranzi Creek from its Little Rock River Complex confluence with the Rock River (T100N, 16. Little Rock River from State 14. Rock River from its confluence R45W, Sec. 28), upstream to the Iowa/ with Kanaranzi Creek (T100N, R45W, Highway 9 (T100N, R43W, Sec. 34), Minnesota State border (T100N, R45W, upstream to the Iowa/Minnesota State Sec. 28), upstream to the Iowa/ Sec. 11). Minnesota State border (T100N, R45W, border (T100N, R42W, Sec. 7). (8) Map 4 follows: Sec. 8). BILLING CODE 4310–55–P

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Fox Creek Complex 2f. Sixmile Creek from its confluence 4e. Crocker Creek from its confluence 1a. Fox Creek from U.S. Highway 50 with Diamond Creek (T17S, R6E, Sec. with the South Fork (T21S, R8E, Sec. (T19S, R8E, Sec. 17), upstream through 22), upstream to its confluence with 31), upstream through T22S, R7E, Sec. T18S, R8E, Sec. 29. Mulberry Creek (T17S, R6E, Sec. 21). 1. 1b. Unnamed tributary to Fox Creek, 2g. Mulberry Creek from its 4f. Unnamed tributary to Crocker from their confluence (T18S, R8E, Sec. confluence with Sixmile Creek (T17S, Creek from their confluence (T21S, R8E, 32), upstream through T18S, R8E, Sec. R6E, Sec. 21), upstream through T17S, Sec. 31), upstream through T21S, R8E, 31. R6E, Sec. 30; and an unnamed tributary Sec. 31. 1c. Unnamed tributary to Fox Creek, to Mulberry Creek from their confluence 4g. Mercer Creek from its confluence from their confluence (T18S, R8E, Sec. (T17S, R6E, Sec. 30), upstream through with the South Fork (T22S, R8E, Sec. 8), 29), upstream through T18S, R8E, Sec. T17S, R6E, Sec. 30. upstream through T22S, R8E, Sec. 31. 19. 2h. Unnamed tributary to the 4h. Jack Creek from its confluence Diamond Creek Complex Cottonwood River from their confluence with Mercer Creek (T22S, R8E, Sec. 18), (T19S, R7E, Sec. 12), upstream through upstream through T22S, R7E, Sec. 14. 2a. Diamond Creek from U.S. T18S, R8E, Sec. 30. Highway 50 (T19S, R7E, Sec. 14), 4i. Unnamed tributary to Mercer upstream to its confluence with Sixmile Middle Creek Complex Creek, from their confluence (T22S, Creek (T17S, R6E, Sec. 21). 3a. Middle Creek from U.S. Highway R8E, Sec. 19), upstream through T22S, 2b. Gannon Creek from its confluence 50 (T19S, R7E, Sec. 22), upstream to its R7E, Sec. 26. with Diamond Creek (T19S, R7E, Sec. confluence with Stribby Creek (T19S, 4j. Unnamed tributary to Mercer 10), upstream through T18S, R7E, Sec. R6E, Sec. 8). Creek, from their confluence (T22S, 24; and an unnamed tributary to 3b. Collett Creek from its confluence R8E, Sec. 19), upstream through T22S, Gannon Creek, from their confluence with Middle Creek (T19S, R7E, Sec. 18), R8E, Sec. 31. (T18S, R7E, Sec. 34), upstream through upstream through T18S, R6E, Sec. 26). 4k. Thurman Creek from its T18S, R7E, Sec. 14. confluence with the South Fork (T22S, 2c. Mulvane Creek from its 3c. Unnamed tributary to Middle Creek, from their confluence (T19S, R8E, Sec. 29), upstream through T23S, confluence with Diamond Creek (T18S, R9E, Sec. 17. R7E, Sec. 33), upstream through T18S, R6E, Sec. 10), upstream through T18S, R7E, Sec. 16. R6E, Sec. 33); and an unnamed tributary 4l. Unnamed tributary to Thurman 2d. Schaffer Creek from its confluence to the first tributary, from their Creek, from their confluence (T23S, with Diamond Creek (T18S, R7E, Sec. confluence, upstream through T18S, R8E, Sec. 1), upstream through T22S, 17), upstream through T17S, R7E, Sec. R6E, Sec. 34. R9E, Sec. 31. 33; an unnamed tributary stream from South Fork of the Cottonwood River 4m. Little Cedar Creek from its its confluence with Schaffer Creek (South Fork) Complex confluence with the South Fork (T22S, (T18S, R7E, Sec. 5), upstream through R8E, Sec. 8), upstream through T22S, T17S, R7E, Sec. 32; an unnamed 4a. South Fork from its confluence R8E, Sec. 25. tributary stream from its confluence with the Cottonwood River (T19S, R8E, 4n. Shaw Creek from its confluence with Schaffer Creek (T18S, R7E, Sec. 5), Sec. 25), upstream through T23S, R8E, with Little Cedar Creek (T22S, R8E, Sec. upstream through T18S, R7E, Sec. 3; an Sec. 21. 16), upstream through T22S, R8E, Sec. unnamed tributary stream from its 4b. Sharpes Creek from its confluence 14. with the South Fork (T20S, R8E, Sec. confluence with Schaffer Creek (T18S, 4o. Bloody Creek from its confluence 34), upstream through T21S, R8E, Sec. R7E, Sec. 8), upstream through T18S, with the Cottonwood River (T19S, R9E, 36. R7E, Sec. 4; and an unnamed tributary Sec. 29), upstream through T20S, R9E, stream from its confluence with Schaffer 4c. Rock Creek from its confluence Sec. 34. Creek (T18S, R7E, Sec. 8), upstream with the South Fork (T20S, R8E, Sec. 5. Mud Creek from the south section through T18S, R7E, Sec. 8. 33), upstream through T21S, R7E, Sec. line of T19S, R3E, Sec. 13, upstream 2e. Dodds Creek from its confluence 14. through T18S, R3E, Sec. 28. with Diamond Creek (T17S, R6E, Sec. 4d. Den Creek from its confluence 26), upstream through T17S, R6E, Sec. with Rock Creek (T20S, R8E, Sec. 31), (9) Map 5 follows: 1. upstream through T20S, R8E, Sec. 30. BILLING CODE 4310–55–P

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Mill Creek Complex R10E, Sec. 30), upstream through T12S, Clarks Creek Complex 6a. Mill Creek from Kansas Highway R9E, Sec. 21. 10a. Clarks Creek from its confluence 30 (T11S, R12E, Sec. 26), upstream to 6l. South Branch Mill Creek from its with Humboldt Creek (T11S, R6E, Sec. the confluence of West Branch Mill confluence with West Branch Mill Creek 35), upstream to its confluence with Creek and South Branch Mill Creek (T12S, R10E, Sec. 15), upstream to Thomas Creek (T12S, R6E, Sec. 34). (T12S, R10E, Sec. 15). Kansas Highway 4/99 (T13S, R10E, Sec. 10b. Thomas Creek from its 6b. Mulberry Creek from its 26). confluence with Clarks Creek (T12S, confluence with Mill Creek (T11S, 6m. East Branch Mill Creek from its R6E, Sec. 34), upstream through T13S, R11E, Sec. 25), upstream through T11S, confluence with South Branch Mill R6E, Sec. 34. R11E, Sec. 10. Creek (T12S, R10E, Sec. 35), upstream 10c. Davis Creek from its confluence 6c. Spring Creek from its confluence through T13S, R11E, Sec. 22. with Thomas Creek (T13S, R6E, Sec. 2), with Mill Creek (T11S, R11E, Sec. 28), upstream through T13S, R7E, Sec. 31. upstream through T11S, R11E, Sec. 21. 6n. Nehring Creek from its confluence 10d. Dry Creek from its confluence 6d. Kuenzli Creek from its confluence with East Branch Mill Creek (T13S, with Clarks Creek (T12S, R6E, Sec. 23), with Mill Creek (T11S, R11E, Sec. 33), R10E, Sec. 1), upstream through T13S, upstream through T13S, R7E, Sec. 22. upstream through T12S, R11E, Sec. 21. R11E, Sec. 15. 10e. West Branch Dry Creek from its 6e. Paw Paw Creek from its 7. Mission Creek from Interstate confluence with Dry Creek (T13S, R7E, confluence with Mill Creek (T11S, Highway 70 (T11S, R14E, Sec. 33), Sec. 16), upstream through T13S, R7E, R11E, Sec. 31), upstream through T11S, upstream to the confluence of North Sec. 21. Branch Mission Creek and South Branch R10E, Sec. 13. Lyon Creek Complex 6f. Pretty Creek from its confluence Mission Creek (T13S, R12E, Sec. 1). 11a. Lyon Creek from U.S. Highway with Mill Creek (T11S, R10E, Sec. 36), Deep Creek Complex upstream to Kansas Highway 99 (T11S, 77 (T13S, R5E, Sec. 3), upstream to the R10E, Sec. 22). 8a. Deep Creek from Kansas Highway confluence with West Branch Lyon 6g. Hendricks Creek from its 18 (T10S, R9E, Sec. 26), upstream to Creek (T15S, R4E, Sec. 2). confluence with Mill Creek (T12S, Interstate Highway 70 (T11S, R8E, Sec. 11b. Rock Springs Creek from its R10E, Sec. 2), upstream through T11S, 26). confluence with Lyon Creek (T13S, R5E, Sec. 3), upstream through T14S, R5E, R10E, Sec. 31. 8b. School Creek from its confluence 6h. West Branch Mill Creek from its Sec. 5. with Deep Creek (T11S, R9E, Sec. 6), 11c. Carry Creek from its confluence confluence with South Branch Mill upstream through T11S, R8E, Sec. 2. Creek (T12S, R10E, Sec. 15), upstream with Lyon Creek (T13S, R5E, Sec. 31), through T13S, R9E, Sec. 20. Wildcat Creek Complex upstream through T15S, R3E, Sec. 10. 6i. Loire Creek from its confluence 11d. Unnamed tributary to Carry with West Branch Mill Creek (T12S, 9a. Wildcat Creek from Kansas Creek from their confluence (T14S, R4E, R10E, Sec. 29), upstream through T12S, Highway 18/Ft. Riley Boulevard (T10S, Sec. 19), upstream through T14S, R3E, R9E, Sec. 11. R7E, Sec. 24), upstream to the Ft. Riley Sec. 24. 6j. Illinois Creek from its confluence boundary near Keats, Kansas (T10S, 11e. West Branch Lyon Creek from its with West Branch Mill Creek (T12S, R6E, Sec. 1). confluence with Lyon Creek (T15S, R4E, R10E, Sec. 30), upstream through T13S, 9b. Wildcat Creek from the Ft. Riley Sec. 2), upstream through T15S, R3E, R9E, Sec. 11. boundary near Riley, Kansas (T9S, R5E, Sec. 25. 6k. Spring Creek from its confluence Sec. 12), upstream to U.S. Highway 77 (10) Map 6 follows: with West Branch Mill Creek (T12S, (T9S, R5E, Sec. 3). BILLING CODE 4310–55–P

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12. Walnut Creek from the east Sec. 17), upstream through T6S, R10E, (T1S, R7E, Sec. 11), upstream through section line of T7S, R6E, Sec. 19, Sec. 18. T1S, R8E, Sec. 21. upstream through T8S, R5E, Sec. 1. 14. North Elm Creek from its (11) Map 7 follows: 13. Clear Fork Creek from its confluence with the Big Blue River confluence with Jim Creek (T5S, R9E, BILLING CODE 4310–55–P

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15. Willow Creek from its confluence Sec. 17), upstream through T13S, R42W, (12) Map 8 follows: with the Smoky Hill River (T13S, R41W, Sec. 3. BILLING CODE 4310–55–P

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Medary Creek Complex R47W, Sec. 25), upstream through 4h. Unnamed tributary to Kanaranzi 1a. Medary Creek from the MN/SD T104N, R46W, Sec. 19. Creek, from their confluence (T102N, 3j. Pipestone Creek from its state border (T109N, R47W, Sec. 13), R43W, Sec. 31), upstream through confluence with Split Rock Creek upstream through T110N, R46W, Sec. T102N, R43W, Sec. 27. (T104N, R47W, Sec. 23), upstream to the 4i. Ash Creek from its confluence 21. Minnesota/South Dakota State border with the Rock River (T101N, R45W, Sec. 1b. Unnamed tributary to Medary (T104N, R47W, Sec. 23). 24), upstream through T101N, R45W, Creek, from their confluence (T109N, 3k. Unnamed tributary to Split Rock Sec. 14. R46W, Sec. 18), upstream through Creek, from their confluence (T104N, 4j. Elk Creek from its confluence with T110N, R46W, Sec. 30. R46W, Sec. 6), upstream through the Rock River (T102N, R45W, Sec. 36), Flandreau Creek Complex T105N, R46W, Sec. 36. upstream through T103N, R43W, Sec. 3l. Split Rock Creek from the 2a. Flandreau Creek from the 22. headwater of Split Rock Lake (T105N, 4k. Unnamed tributary to Elk Creek, Minnesota/South Dakota State border R46W, Sec. 15), upstream through from their confluence (T102N, R44W, (T107N, R47W, Sec. 13), upstream T106N, R46W, Sec. 35. Sec. 1), upstream through T102N, through (T109N, R45W, Sec. 31). 3m. Unnamed tributary to Split Rock R43W, Sec. 6. 2b. Unnamed tributary to Flandreau Creek, from their confluence (T105N, 4l. Champepadan Creek from its Creek, from their confluence (T108N, R46W, Sec. 3), upstream through confluence with the Rock River (T103N, R46W, Sec. 11), upstream through T105N, R46W, Sec. 2. R44W, Sec. 29), upstream through T108N, R45W, Sec. 6. 3n. Beaver Creek from the Minnesota/ T104N, R43W, Sec. 14. 2c. East Branch Flandreau Creek from South Dakota State border (T102N, 4m. Unnamed tributary to its confluence with Flandreau Creek R47W, Sec. 35), upstream through Champepadan Creek, from their (T108N, R46W, Sec. 14), upstream T104N, R45W, Sec. 20. confluence (T104N, R43W, Sec. 14), through T108N, R45W, Sec. 4. 3o. Springwater Creek from its upstream through T104N, R43W, Sec. 2d. Willow Creek from its confluence confluence with Beaver Creek (T102N, 13. with Flandreau Creek (T107N, R46W, R47W, Sec. 35), upstream through 4n. Unnamed tributary to Sec. 6), upstream through T109N, T102N, R46W, Sec. 6. Champepadan Creek, from their R46W, Sec. 3. 3p. Little Beaver Creek from its confluence (T103N, R44W, Sec. 23), Split Rock/Pipestone/Beaver Creek confluence with Beaver Creek (T102N, upstream through T103N, R44W, Sec. Complex R46W, Sec. 12), upstream through 24. T103N, R45W, Sec. 9. 4o. Unnamed tributary to 3a. Pipestone Creek from the 3q. Unnamed tributary to Beaver Champepadan Creek, from their Minnesota/South Dakota State border Creek, from their confluence (T102N, confluence (T103N, R44W, Sec. 23), (T106N, R47W, Sec. 23), upstream R46W, Sec. 1), upstream through upstream through T103N, R44W, Sec. through T106N, R46W, Sec. 1. T103N, R46W, Sec. 35. 12. 3b. Unnamed tributary to Pipestone 3r. Unnamed tributary to Beaver 4p. Unnamed tributary to the Rock Creek, from their confluence (T106N, Creek, from their confluence (T103N, River, from their confluence (T103N, R47W, Sec. 24), upstream through R45W, Sec. 18), upstream through R44W, Sec. 8), upstream through T106N, R46W, Sec. 19. T104N, R46W, Sec. 36. T104N, R44W, Sec. 26. 3c. Unnamed tributary to Pipestone 4q. Mound Creek from its confluence Rock River Complex Creek, from the Minnesota/South with the Rock River (T103N, R44W, Sec. Dakota State border (T105N, R47W, Sec. 4a. Rock River from the Minnesota/ 30), upstream through T104N, R45W, 2), upstream through T105N, R46W, Iowa State border (T101N, R45W, Sec. Sec. 35). Sec. 1. 36), upstream through T107N, R44W, 4r. Unnamed tributary to the Rock 3d. North Branch Pipestone Creek Sec. 7. River, from their confluence (T103N, from its confluence with Pipestone 4b. Kanaranzi Creek from the R44W, Sec. 7), upstream through Creek (T107N, R46W, Sec. 5), upstream Minnesota/Iowa State border (T101N, T104N, R45W, Sec. 23. through T108N, R45W, Sec. 23. R44W, Sec. 33), upstream through 4s. Unnamed tributary to the Rock 3e. Unnamed tributary to North T103N, R42W, Sec. 7). River, from their confluence (T104N, Branch Pipestone Creek, from their 4c. Norwegian Creek from its R44W, Sec. 28), upstream through confluence (T108N, R45W, Sec. 22), confluence with Kanaranzi Creek T104N, R44W, Sec. 11. upstream through T108N, R45W, Sec. (T101N, R44W, Sec. 25), upstream 4t. Unnamed tributary to the Rock 15. through T101N, R43W, Sec. 21. River, from their confluence (T104N, 3f. Split Rock Creek from the 4d. Unnamed tributary to Norwegian R44W, Sec. 16), upstream through Minnesota/South Dakota State border Creek, from their confluence (T101N, T104N, R44W, Sec. 10. (T103N, R47W, Sec. 2), upstream to R44W, Sec. 20), upstream through 4u. Poplar Creek from its confluence Split Rock Lake Outlet (T105N, R46W, T101N, R44W, Sec. 16. with the Rock River (T104N, R44W, Sec. Sec. 20). 4e. East Branch Kanaranzi Creek from 5), upstream through T105N, R45W, 3g. Unnamed tributary to Split Rock its confluence with Kanaranzi Creek Sec. 32. Creek from the Minnesota/South Dakota (T102N, R42W, Sec. 5), upstream 4v. Unnamed tributary to Poplar State border (T103N, R47W, Sec. 23), through T102N, R41W, Sec. 5. Creek, from their confluence (T105N, upstream through T103N, R46W, Sec. 4f. Unnamed tributary to East Branch R45W, Sec. 27, upstream through 29. Kanaranzi Creek, from their confluence T105N, R45W, Sec. 9. 3h. Unnamed tributary to Split Rock (T102N, R42W, Sec. 9), upstream 4w. Chanarambie Creek from its Creek, from their confluence (T103N, through T102N, R42W, Sec. 22. confluence with the Rock River (T105N, R47W, Sec. 2), upstream through 4g. Unnamed tributary to East Branch R44W, Sec. 33), upstream through T103N, R46W, Sec. 8. Kanaranzi Creek, from their confluence (T105N, R42W, Sec. 8). 3i. Unnamed tributary to Split Rock (T102N, R42W, Sec. 5), upstream 4x. North Branch Chanarambie Creek Creek, from their confluence (T104N, through T102N, R42W, Sec. 5. from its confluence with Chanarambie

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Creek (T105N, R43W, Sec. 8), upstream confluence (T107N, R44W, Sec. 34), Mud Creek Complex through T106N, R43W, Sec. 18. upstream through T107N, R44W, Sec. 6a. Mud Creek from the Minnesota/ 4y. Unnamed tributary to the Rock 35. Iowa State border (T102N, R46W, Sec. River, from their confluence (T105N, 34), upstream thru T101N, R46W, Sec. R44W, Sec. 8), upstream through Little Rock River Complex 11. T106N, R45W, Sec. 36. 5a. Little Rock River from the 4z. Unnamed tributary to the Rock 6b. Unnamed tributary to Mud Creek, River, from their confluence (T106N, Minnesota/Iowa State border (T101N, from their confluence (T101N, R46W, R44W, Sec. 33), upstream through R42W, Sec. 35), upstream through Sec. 22), upstream through T101N, T106N, R44W, Sec. 23. T102N, R41W, Sec. 27. R46W, Sec. 24. 4aa. East Branch Rock River from its 5b. Little Rock Creek from its 6c. Unnamed tributary to Mud Creek, from their confluence (T101N, R46W, confluence with the Rock River (T106N, confluence with the Little Rock River Sec. 10), upstream through T101N, R44W, Sec. 18), upstream through (T101N, R42W, Sec. 26), upstream R46W, Sec. 1. T107N, R44W, Sec. 27. through T102N, R42W, Sec. 34. 4bb. Unnamed tributary to East (13) Map 9 follows: Branch Rock River, from their BILLING CODE 4310–55–P

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1. Taylor Creek from its confluence (14) Map 10 follows:

with Union Creek (T22N, R1W, Sec. 32), BILLING CODE 4310–55–P upstream through T22N, R2W, Sec. 22.

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1. Hidewood Creek from its Sixmile Creek Complex Sec. 6), upstream to the SD/MN state confluence with the Big Sioux River 3a. Sixmile Creek from T110N, R50W, border (T109N, R47W, Sec. 15). (T113N, R51W, Sec. 15), upstream to Sec. 33, upstream through T112N, 4b. Deer Creek from its confluence State Highway 15 (T115N, R49W, Sec. R48W, Sec. 19. with Medary Creek (T109N, R49W, Sec. 35). 3b. Unnamed tributary to Sixmile 16), upstream through T111N, R47W, Sec. 30. 2. Peg Munky Run from State Creek, from their confluence (T112N, 4c. Unnamed tributary to Deer Creek, Highway 28 (T113N, R50W, Sec. 20), R48W, Sec. 31), upstream through from their confluence (T111N, R48W, upstream through T113N, R50W, Sec. T112N, R48W, Sec. 33. Sec. 35), upstream through T111N, 24 (near Interstate Highway 29). Medary Creek Complex R48W, Sec. 11. 4a. Medary Creek from its confluence (15) Map 11 follows: with the Big Sioux River (T108N, R49W, BILLING CODE 4310–55–P

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5. Spring Creek from its confluence Split Rock/Pipestone/Beaver Creek Dakota/Minnesota State border (T103N, with the Big Sioux River (T107N, R48W, Complex R47W, Sec. 22). Sec. 5), upstream to the South Dakota/ 9a. Split Rock Creek from its 9e. West Pipestone Creek from its Minnesota State border (T109N, R47W, confluence with the Big Sioux River confluence with Split Rock Creek Sec. 34). (T101N, R48W, Sec. 16), upstream to the (T102N, R48W, Sec. 11), upstream Flandreau Creek Complex South Dakota/Minnesota State border through T104N, R48W, Sec. 3. 6. Flandreau Creek from its (T103N, R47W, Sec. 3). 9f. Beaver Creek from its confluence confluence with the Big Sioux River 9b. Pipestone Creek from the South with Split Rock Creek (T101N, R48W, (T107N, R48W, Sec. 23), upstream to the Dakota/Minnesota State border (T104N, Sec. 10), upstream to the South Dakota/ South Dakota/Minnesota State border R47W, Sec. 22), upstream to the SD/MN Minnesota State border (T102N, R47W, (T107N, R47W, Sec. 15). state border (T106N, R47W, Sec. 22). Sec. 34). 7. Brookfield Creek from its 9c. Unnamed tributary to Pipestone 9g. Fourmile Creek from its confluence with the Big Sioux River Creek, from their confluence (T105N, confluence with Beaver Creek (T101N, (T105N, R49W, Sec. 24), upstream R47W, Sec. 9), upstream to the South R48W, Sec. 13), upstream to the South through T106N, R48W, Sec. 28. Dakota/Minnesota State border (T105N, Dakota/Minnesota State border (T101N, 8. Slip-Up Creek from it confluence R47W, Sec. 3). R47W, Sec. 15). with the Big Sioux River (T102N, R49W, 9d. Unnamed tributary to Split Rock Sec. 36), upstream through T103N, Creek, from their confluence (T103N, (16) Map 12 follows: R48W, Sec. 6. R47W, Sec. 17), upstream to the South BILLING CODE 4310–55–P

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Vermillion River Complex Vermillion River (T99N, R53W, Sec. 14), 10g. Long Creek from its confluence upstream through T105N, R56W, Sec. 1. with the Vermillion River (T97N, R51W, 10a. Vermillion River from the 10d. Silver Lake Creek from its Sec. 31), upstream through T99N, southeast corner of T94N, R52W, Sec. confluence with the West Fork R52W, Sec. 3. 14, upstream to the confluence of West Vermillion River (T100N, R55W, Sec. Fork Vermillion River and East Fork 10), upstream to the Silver Lake outlet 10h. Saddle Creek from its confluence Vermillion River (T99N, R53W, Sec. 14). (T100N, R55W, Sec. 30). with Long Creek (T97N, R51W, Sec. 20), upstream through T97N, R50W, Sec. 18. 10b. East Fork Vermillion River, from 10e. Camp Creek from its confluence its confluence with the West Fork with the Vermillion River (T99N, R52W, 10i. Blind Creek from its confluence Sec. 32), upstream through T99N, Vermillion River (T99N, R53W, Sec. 14), with the Vermillion River (T95N, R52W, R52W, Sec. 7. upstream to East Vermillion Lake Dam Sec. 11), upstream through T96N, 10f. Turkey Ridge Creek from its R51W, Sec. 26. (T102N, R53W, Sec. 34). confluence with the Vermillion River 10c. West Fork Vermillion River, from (T96N, R52W, Sec. 28), upstream (17) Map 13 follows: its confluence with the East Fork through T98N, R54W, Sec. 31. BILLING CODE 4310–55–P

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Lonetree Creek Complex 12b. North Branch Dry Creek from its Sec. 13), upstream through T106N, confluence with Dry Creek (T99N, R57W, Sec. 34. 11a. Lonetree Creek from its R59W, Sec. 28), upstream through confluence with the James River (T97N, T99N, R61W, Sec. 27. Firesteel Creek Complex R58W, Sec. 14), upstream to its 13. Wolf Creek from its confluence 17a. Firesteel Creek from the east confluence with South Branch Lonetree with the James River (T99N, R57W, Sec. section line of T104N, R61W, Sec. 36, Creek (T97N, R58W, Sec. 10). 31), upstream through T99N, R57W, upstream to the confluence with West Sec. 4. 11b. South Branch Lonetree Creek Branch Firesteel Creek (T104N, R62W, from its confluence with Lonetree Creek 14. Twelvemile Creek from its confluence with the James River (T99N, Sec. 30). (T97N, R58W, Sec. 10), upstream R59W, Sec. 3), upstream through 17b. West Branch Firesteel Creek from through T97N, R59W, Sec. 23. T101N, R61W, Sec. 23. its confluence with Firesteel Creek Dry Creek Complex 15. Enemy Creek from its confluence (T104N, R62W, Sec. 30), upstream to with the James River (T102N, R59W, Wilmarth Lake outlet (T105N, R64W, 12a. Dry Creek from its confluence Sec. 15), upstream through T102N, Sec. 31). with the James River (T99N, R59W, Sec. R61W, Sec.19. 11), upstream through T98N, R59W, 16. Rock Creek from its confluence (18) Map 14 follows: Sec. 9. with the James River (T103N, R60W, BILLING CODE 4310–55–P

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Pearl Creek Complex R60W, Sec. 4), upstream through Dated: August 12, 2002. 18a. Pearl Creek from its confluence T110N, R59W, Sec. 14. Craig Manson, with the James River (T109N, R61W, 19. Shue Creek from its confluence Assistant Secretary for Fish, Wildlife, and Sec. 15), upstream through T112N, with the James River (T111N, R61W, Parks. R59W, Sec. 16. Sec. 11), upstream to Staum Dam [FR Doc. 02–20939 Filed 8–20–02; 8:45 am] 18b. Middle Pearl Creek from its (T113N, R59W, Sec. 14). BILLING CODE 4310–55–C confluence with Pearl Creek (T109N, * * * * *

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