[Federal Register Volume 60, Number 176 (Tuesday, September 12, 1995)] [Proposed Rules] [Pages 47339-47340] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 95-22586] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Notice of Availability of Reports and Other Data Pertaining to the Listing of the Bruneau Hot Springsnail AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of availability, opening of public comment period. ----------------------------------------------------------------------- SUMMARY: The U.S. Fish and Wildlife Service (Service) gives notice that reports and other data pertaining to the listing of the Bruneau hot springsnail (Pyrgulopsis bruneauensis) are available to the public. Specifically, the Service is seeking public comment on a U.S. Geological Survey report and other reports and data received since the listing of the springsnail. In addition, the Service solicits any other information relevant to determining whether the springsnail should be listed as an endangered species. The Service opens the public comment period until November 13, 1995. DATES: The comment period is open until November 13, 1995. Any comments and materials received by the closing date will be considered in the final determination. ADDRESSES: Comments and materials concerning the reports and other information pertaining to the listing of the Bruneau hot springsnail should be submitted to the U.S. Fish and Wildlife Service, Snake River Basin Office, 4696 Overland Road, Room 576, Boise, Idaho 83705. Reports and other data cited in this notice, and public comments and other materials received will be available for public inspection during normal business hours at the above address. FOR FURTHER INFORMATION CONTACT: Robert Ruesink, Supervisor, at the address listed above (telephone 208/334-1931, facsimile 208/334-9493). SUPPLEMENTARY INFORMATION: Background On January 25, 1993, the U.S. Fish and Wildlife Service (Service) published a final rule in the Federal Register determining the Bruneau hot springsnail (Pyrgulopsis bruneauensis) to be an endangered species (58 FR 5946). In its decision to the list the springsnail the Service relied, in part, on a provisional draft of a U.S. Geological Survey (USGS) report (Berenbrock 1992) analyzing the hydrology of the geothermal aquifer in the Bruneau Valley area. The USGS provided the Service with the draft report, but did not release it to the public and requested that the Service not release the report to the public, pending agency review and approval. On May 7, 1993, the Idaho Farm Bureau Federation, Owyhee County Farm Bureau, Idaho Cattleman's Association, and Owyhee County Board of Supervisors challenged the listing decision on several grounds in a lawsuit filed in United States District Court for the District of Idaho. The plaintiffs argued that the Service committed a number of procedural violations during the listing process, including not allowing the public to review the draft USGS report. On December 14, 1993 the district court determined that the Service committed several procedural errors and set aside the final rule listing the springsnail as an endangered species. The district court decision was appealed to the United States Court of Appeals for the Ninth Circuit by two intervening conservation groups, the Idaho Conservation League and Committee for Idaho's High Desert. On June 29, 1995 the appellate court overturned the district court decision and reinstated the Bruneau hot springsnail to the endangered species list. However, the appellate court concluded that the Service should have made the draft USGS report (i.e., Berenbrock 1992) available for public review, as the Service relied largely on this report to support the final listing rule. The appellate court directed the Service to provide an opportunity for public comment on the USGS report and other relevant information, and to reconsider its listing decision. This notice of availability complies with the court's direction. Available Reports and Data In addition to the draft USGS report, which was finalized in August 1993 (i.e., Berenbrock 1993), the Service has additional reports and information pertinent to the listing decision received since the original listing rule was published January 25, 1993. The following information contained in [[Page 47340]] Service files is available for public review and comment: Berenbrock, C. 1992. Effects of well discharges on hydraulic heads in and spring discharges from the geothermal aquifer system in the Bruneau area, Owyhee County, southwestern Idaho. U.S. Geological Survey, Water-Resources Investigations, Boise, Idaho. Preliminary report. Berenbrock, C. 1993. Effects of well discharges on hydraulic heads in and spring discharges from the geothermal aquifer system in the Bruneau area, Owyhee County, southwestern Idaho. U.S. Geological Survey, Water-Resources Investigations Report 93-4001, Boise, Idaho. Bruneau Valley Coalition, Inc. 1995. Habitat maintenance and conservation plan for the Bruneau hot springsnail, January, 1995. Unpublished plan. Bruneau Valley Coalition, Inc. 1995. Proposed amendment to the ``Threatened and Endangered Species'' section of the Interim Comprehensive Land Use Plan for the federally and state managed lands in Owyhee County. Unpublished amendment. Idaho Water Resources Research Institute. 1994. Bruneau hot springs aquifer restoration report: a preproposal. Unpublished report, University of Idaho, Moscow, Idaho. Lee, J. A. 1994. Summary report for the control survey of the Bruneau hot springsnail. Unpublished report, Bureau of Land Management, Boise District Office, Boise, Idaho. Mladenka, G. C. 1993. Report on the 1993 Bruneau hot springsnail site survey. Unpublished report. Mladenka, G. C. 1995. Bruneau Hot Springs invertebrate survey. Unpublished report, Stream Ecology Center, Idaho State University, Pocatello, Idaho. Royer, T. V. and G. W. Minshall. 1993. 1993 Annual Monitoring Report: Bruneau hot springsnail (Pyrgulopsis bruneauensis). Unpublished report, Stream Ecology Center, Idaho State University, Pocatello, Idaho. U.S. Geological Survey. 1995a. Unpublished letter summarizing results of Bruneau-area ground water-level and spring discharge monitoring data through December 1994. Boise, Idaho. U.S. Geological Survey. 1995b. Unpublished letter commenting on Idaho Water Resources Research Institute's report and summarizing provisional, spring discharge data collected from June 1994 through July 1995 from three hot springs above Hot Creek, Idaho. Varricchione, J. T. and G. W. Minshall. 1995. 1994 Monitoring Report: Bruneau hot springsnail (Pyrgulopsis bruneauensis). Technical Bulletin No. 95-14, Idaho Bureau of Land Management. Varricchione, J. T. and G. W. Minshall. 1995. Gut content analysis of wild Gambusia and Tilapia in Hot Creek, Bruneau, Idaho. Unpublished report, Idaho State University, Pocatello, Idaho. Authority The authority for this action is the Endangered Species Act, as amended (16 U.S.C. 1531-1544.) List of Subjects in 50 CFR Part 17 Endangered and threatened species, Exports, Imports, Reporting and recordkeeping requirements, Transportation. Dated: September 1, 1995. Thomas J. Dwyer, Regional Director, Region 1, U.S. Fish and Wildlife Service. [FR Doc. 95-22586 Filed 9-11-95; 8:45 am] BILLING CODE 4310-55-P