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Department of the Interior Fish and Wildlife Service Monday, September 22, 2003 Part III Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Notice of Remanded Determination of Status for the Sacramento splittail (Pogonichthys macrolepidotus); Final Rule VerDate jul<14>2003 14:42 Sep 19, 2003 Jkt 200001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\22SER2.SGM 22SER2 55140 Federal Register / Vol. 68, No. 183 / Monday, September 22, 2003 / Rules and Regulations DEPARTMENT OF THE INTERIOR (telephone: 916/414–6600; facsimile: since been drained and reclaimed. 916/414–6713). Information is available Splittail were present within Buena Fish and Wildlife Service in alternate formats upon request. Vista and Kern Lakes (Moyle 2002), both SUPPLEMENTARY INFORMATION: of which are reclaimed. 50 CFR Part 17 Some researchers (Sommer et al. Background [RIN 1018–AH73] (1997)) indicate that splittail still occur, The Sacramento splittail (hereafter at least during optimal conditions, Endangered and Threatened Wildlife referred to as splittail) is a fish species through as much as 78 percent of their and Plants; Notice of Remanded native to central California and former range in terms of river reaches. Determination of Status for the represents the only extant species in its However, others (Moyle and Yoshiyama Sacramento splittail (Pogonichthys genus in North America. We have 1992) believe the species appears to be macrolepidotus) previously discussed the taxonomic restricted to a small portion of its former history of the splittail along with the range, with dams and diversions AGENCY: Fish and Wildlife Service, physical description of the taxon in our preventing access to upstream habitat in Interior. final listing rule (64 FR 5963). Please large rivers and streams beyond the ACTION: Final rule; revised refer to that document for a detailed valley floor (Moyle and Yoshiyama determination. discussion of these subjects. It is our 1992). The State of California indicates intent, in this document, to reiterate and that splittail still occur in a large portion SUMMARY: On January 6, 1994, we, the discuss only those topics directly of its range (80% in the Sacramento, and U.S. Fish and Wildlife Service (Service) relevant to this decision. 70% in the San Joaquin). There appears proposed to list the Sacramento splittail To assist the reader in understanding to be consensus that at least 20% and (Pogonichthys macrolepidotus), a fish terminology used in this determination, possibly more of the species range has species native to central California, as a we have provided below several terms been reduced. Baxter (2001b) found that threatened species under the with their corresponding definitions as the range of the splittail extends away Endangered Species Act of 1973, as they are used in this document. As used from the Delta, though detections on the amended (Act). We published a final in this determination, the term ‘‘Delta’’ periphery of its range appear to be part rule to list the species as threatened on refers to all tidal waters contained of a single, mobile, Sacramento and San February 8, 1999. Our final decision to within the legal definition of the San Joaquin River/Bay-Delta population that list the Sacramento splittail was Francisco Bay-Sacramento-San Joaquin includes fish from the Napa and subsequently challenged in the cases River Delta, as delineated by section Petaluma River systems. Their San Luis & Delta-Mendota Water 12220 of the State of California’s Water distribution in the Estuary suggests that Authority v. Anne Badgley, et al. and Code. Generally, the Delta is contained brackish water may characterize optimal State Water Contractors, et al. v. within a triangular area that extends rearing habitat for fish greater than 75 Michael Spear, et al. On June 23, 2000, south from the City of Sacramento to the millimeters (mm) (3.0 inches (in)) the Federal Eastern District Court of confluence of the Stanislaus and San standard length (SL) (Moyle et al. 2001). California found our final rule to be Joaquin Rivers at the southeast corner Suisun Marsh includes the largest areal unlawful and on September 22, 2000, and Chipps Island in Suisun Bay at the extent of shallow water habitat available remanded the determination back to us southwest corner. The term ‘‘Estuary,’’ to the splittail and likely has the greatest for a re-evaluation of our final decision. as used in this determination, refers to concentrations of the species. However, because the District Court did tidal waters contained in the Splittail are relatively long-lived and not vacate our previous final decision, Sacramento and San Joaquin Rivers, the larger fish may be 8 to 10 years old the decision remained in place until we Delta, and San Pablo and San Francisco (Moyle 2002). Splittail reach about 110 issued a new determination. After a bays. ‘‘Export facilities,’’ as used in this mm (4.3 in) SL in their first year, 170 thorough review and consideration of determination, refers to the Bureau of mm (6.6 in) SL in their second year, and all the best scientific and commercial Reclamation (USBR) Central Valley 215 mm (8.4 in) SL in their third year information available, we are removing Project (CVP) and the California (Moyle 2002). Male and female splittail the Sacramento splittail from the list of Department of Water Resources (CDWR) may mature by the end of their second threatened species. In accordance with State Water Project (SWP) water export year (Daniels and Moyle 1983), but the Administrative Procedure Act, the facilities in the South Delta. some males mature in their first year Service has determined that this rule Splittail are native to California’s and some females do not mature until relieves an existing restriction, and good Central Valley. Historically, splittail their third year (Caywood 1974). cause exists to make the effective date were found as far north as Redding on The largest females can produce over of this rule immediate. the Sacramento River (Rutter 1908). 250,000 eggs per year (Daniels and EFFECTIVE DATE: In compliance with the Splittail were also found in the Moyle 1983). Other and more current Federal Eastern District Court of tributaries of the Sacramento River as estimates of splittail fecundity have California order, this rule is effective far as the current Oroville Dam site on shown high variability and occasionally, September 22, 2003. the Feather River and Folsom Dam site lower numbers. Caywood (1974) found ADDRESSES: Comments and materials on the American River (Rutter 1908). a mean of 165 eggs per mm (6.5 in) of received, as well as supporting Along the San Joaquin River, historic SL of fish sampled and reported a documentation used in the preparation distribution is unclear. Girard (1854) maximum of 100,800 eggs in one of this final decision, are available for reported two Pogonichthys species in female. Daniels and Moyle (1983) public inspection, by appointment, the San Joaquin River. These reports do observed approximately 17,500 to during normal business hours at the not make a distinction between which 266,000 eggs per female splittail. Feyrer Sacramento Fish and Wildlife Office, of the two species was found at and Baxter (1998) found a mean of 261 U.S. Fish and Wildlife Service, 2800 particular locations on the San Joaquin eggs per mm (10.2 in) of SL and Cottage Way, Suite W–2605, River. In the southern Central Valley, estimated maximum fecundity at Sacramento, CA 95825. Tulare Lake was likely to have 150,000 eggs. Bailey et al. (1999) FOR FURTHER INFORMATION CONTACT: supported many native fish species, examined fish held for a considerable Wayne White (see ADDRESSES), including splittail (Moyle 1976) but has time in captivity and found that VerDate jul<14>2003 14:16 Sep 19, 2003 Jkt 200001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\22SER2.SGM 22SER2 Federal Register / Vol. 68, No. 183 / Monday, September 22, 2003 / Rules and Regulations 55141 fecundity ranged from 24,753 to 72,314 hatch are required to reach this size (Micropterus salmoides) and other eggs per female, which agrees with class. centrarchids, and other native and non- Caywood’s (1974) observations. It is speculated that Suisun Marsh is native piscivores (Moyle 1976, Moyle Although primarily a freshwater the likely late stage rearing area for 2002a). Introduced, non-native benthic species, splittail can tolerate salinities juvenile splittail hatched and reared in foragers such as shokihaze goby as high as 10 to 18 parts per thousand the extensive spawning habitat found (Tridentiger barbatus), chameleon goby (ppt) (Moyle 1976; Moyle and within the Yolo Bypass, as a hydrologic (T. trigonocephalus), and yellowfin goby Yoshiyama 1992). Salinity tolerance in connection apparently exists between (Acanthogobius flavimanus), may feed splittail increases in proportion to these waters (N. Monsen, unpubl. data on splittail eggs. Introduced length; adults can tolerate salinities as referenced in Moyle et al. 2001). planktivorous, threadfin shad high as 29 ppt for short periods (Young Splittail use of Suisun Marsh varies (Dorosoma petenense) and inland and Cech 1996). Splittail populations with outflow (Baxter 1999a). silverside (Menidia beryllina), compete fluctuate annually, depending on Splittail are benthic foragers. In directly with larval and juvenile splittail spawning success, which is well Suisun Marsh, adults feed primarily on for food. Other non-native cyprinids, correlated with freshwater outflow and opossum shrimp (Neomysis mercedis, such as golden shiner (Notemigonus the availability of shallow water habitat and presumably, non-native shrimp crysoleucas), red shiner (Notropis with submerged vegetation (Daniels and species of the genus Acanthomysis as lutrensis), and fathead minnow Moyle 1983; Sommer et al. 1997). Fish well), benthic amphipods (Corophium (Pimephales promelas) are also likely to typically reach sexual maturity by the spp.), and other small crustaceans, compete with splittail. In recent years, end of their second year.
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