[Federal Register Volume 61, Number 229 (Tuesday, November 26, 1996)]
[Proposed Rules]
[Pages 60073-60074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-30123]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
Endangered and Threatened Wildlife and Plants; Notice of
Initiation of 12-month Status Review for Petition to List the Santa Ana
Sucker as Endangered
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of status review.
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SUMMARY: On July 9, 1996, the U.S. Fish and Wildlife Service (Service)
announced its 90-day finding on a petition to list three fish as
endangered, pursuant to the Endangered Species Act of 1973, as amended.
The Service found the petition did not present substantial scientific
or commercial information indicating the petitioned action may be
warranted for two of the three fish, but the Service determined that
substantial information exists to support a decision that listing may
be warranted for the Santa Ana sucker. Though the Service was compelled
by the United States District Court for the Northern District of
California to issue the 90-day finding, the Service indicated that a
status review of the Santa Ana sucker would be commenced in accordance
with the final listing priority guidance (61 FR 36021). Because the
processing of petitions is a tier 3 listing action according to the
existing listing priority guidance (61 FR 24722) and proposed extended
guidance (61 FR 48962), the status review and 12-month finding
typically should be delayed until other higher priority or tier 2
actions (i.e., final rules) are completed. However, the district court
ordered the Service on October 10, 1996, to complete its review of the
petition by March 28, 1997. With the commencement of the status review,
the Service is taking the first step to comply with the court order.
DATES: Any comments and materials received by December 26, 1996 will be
considered in the 12-month finding.
ADDRESSES: Data, information, comments, or questions concerning the
status review should be submitted to the Field Supervisor, Carlsbad
Field Office, U.S. Fish and Wildlife Service, 2730 Loker Avenue West,
Carlsbad, California 92008. The petition, 90-day finding, and
supporting data are available for public inspection, by appointment,
during normal business hours at the above address.
FOR FURTHER INFORMATION CONTACT: Paul J. Barrett, at the address listed
above (telephone 619/431-9440, facsimile 619/431-9618).
SUPPLEMENTARY INFORMATION:
Background
Section 4(b)(3)(A) of the Endangered Species Act (Act) of 1973, as
amended (16 U.S.C. 1531 et seq.) requires that the Service make a
finding on whether a petition to list, delist, or reclassify a species
presents substantial scientific or commercial information indicating
that the petitioned action may be warranted. To the maximum extent
practicable, this finding is to be made within 90 days of the receipt
of the petition, and the finding is to be published promptly in the
Federal Register. If the Service determines that substantial scientific
or commercial information indicating that the petitioned action may be
warranted exists, the Service will commence a review of the status of
the species. However, because of a shortfall in funds needed to
eliminate the existing backlog of proposed listings and other listing
actions required by the Act in FY 1997, the Service proposed to extend
the existing listing priority guidance on September 17, 1996 (61 FR
48962). According to the existing guidance and proposed guidance, the
processing of petitions (tier 3 listing action), including the
initiation of status reviews, would be delayed until other higher
priority (tier 2 actions or final rules) are completed.
On September 6, 1994, the Service received a petition dated
September 2, 1994, to list the Santa Ana speckled dace (Rhinichthys
osculus ssp.), Santa Ana sucker (Catostomus santaanae), and the Shay
Creek threespine stickleback (Gasterosteus aculeatus ssp.) as
endangered species. The petition was submitted by the Sierra Club Legal
Defense Fund, Inc., on behalf of seven groups. The seven groups are the
California-Nevada Chapter of the American Fisheries Society, The Nature
School, The California Sportfishing Protection Alliance, Friends of the
River, Izaak Walton League of America, California Trout, and Trout
Unlimited. The Service found the petition did not present substantial
scientific or commercial information indicating the petitioned action
may be warranted for two of the speckled dace and threespine
stickleback, but the Service determined that substantial information
exists to support a decision that listing may be
[[Page 60074]]
warranted for the Santa Ana sucker. Though the Service was compelled by
the United States District Court for the Northern District of
California to issue the 90-day finding, the Service indicated that a
status review of the Santa Ana sucker would be commenced in accordance
with the final listing priority guidance (61 FR 24722). Because the
processing of petitions is a tier 3 listing action according to the
recently extended guidance (61 FR 48962), the status review and 12-
month finding typically should be delayed until other higher priority
or tier 2 actions (i.e., final rules) are completed. However, the
district court ordered the Service on October 10, 1996, to complete its
review of the petition by March 28, 1997. As a result, the Service is
initiating a status review of the Santa Ana sucker as the first step to
comply with the court order.
The Santa Ana sucker (Catostomus santaanae) is a member of the
sucker family (Catostomidae). The Santa Ana sucker was originally
described as Pantosteus santa-anae by Snyder (1908, as in Moyle 1976).
The genus Pantosteus was reduced to a subgenus of Catostomus and the
hyphen omitted from the specific name in a subsequent revision of the
nomenclature (Smith 1966). The American Fisheries Society recognizes
the Santa Ana sucker as a full species, C. santaanae (Robins et al.
1991).
The historical range of the Santa Ana sucker includes the Los
Angeles, San Gabriel, and Santa Ana River drainage systems located in
southern California (Smith 1966). An introduced population also occurs
in the Santa Clara River drainage system in southern California (Moyle
1976). Moyle and Yoshiyama (1992) stated that only the San Gabriel
River population can be considered relatively viable and self-
sustaining within the native range.
Although the Santa Ana sucker was described as common in the 1970s
(Moyle 1976), the species has experienced dramatic declines throughout
most of its range (Moyle and Yoshiyama 1992). Santa Ana suckers have
adaptations such as short generation time, high fecundity, and a
relatively prolonged spawning period that presumably allows them to
rapidly repopulate streams after severe flooding events (Greenfield et
al. 1970). Nevertheless, they are intolerant of polluted or highly
modified streams (Moyle and Yoshiyama 1992). Urbanization, water
diversions, dams, pollution, heavy recreational use, gold mining
wastes, gravel extraction, and introduced competitors and or predators
may have contributed in the decline of the species (Moyle and Yoshiyama
1992, Swift et al, 1993).
Swift (in Moyle and Yoshiyama 1992) summarized the status and
threats facing each of the populations in their native range.
Los Angeles River (Big Tujunga Creek below Big Tujunga
Dam)-- Fluctuations in water quality pose problems for all fishes in
this reach. The Santa Ana sucker is rare and may already be lost here.
San Gabriel River (contiguous West, North, and East forks
about 40 km below Cogswell Dam)--The West Fork is threatened by
accidental high flows from Cogswell Reservoir that have devastated this
reach in the past. The Cattle Canyon tributary of the East Fork is
impacted by increased gold mining (suction dredging) and the population
has been much reduced or may be absent in Cattle Canyon.
Santa Ana River--Several hundred fish were observed below
Prado Dam in 1986 and 1987, although sampling above the dam in 1987
yielded only five Santa Ana suckers. Water quality is threatened by
many and various local inputs, such as runoffs from light industry and
surrounding farmed lands (T. Haglund, in Sierra Club Legal Defense Fund
1994).
Subsequent to the receipt of the petition, a general fish survey of
the Santa Ana River below Prado Dam yielded only 5 suckers from a total
of approximately 150 fishes captured (Mike Guisti, California Game and
Fish Department, pers. comm.). A survey of the East Fork of the San
Gabriel River above the confluence with Cattle Canyon found the sucker
to be relatively common, 198 of 553 fish captured (R. Ally, California
Department of Fish and Game, pers. Comm.). The present status of the
Santa Ana sucker in the Los Angeles River is unknown.
Written comments and materials submitted to the Service office in
the ADDRESSES section and received by December 26, 1996 will be
considered in the 12-month finding.
Reference Cited
Greenfield, D. W., S. T. Ross, and G. D. Deckert. 1970. Some aspects
of the life history of the Santa Ana sucker, Catostomus (Pantosteus)
santaanae (Snyder). California Fish and Game 56:166-179.
Moyle, P. B. 1976. Inland Fishes of California. University of
California Press, 405 pp.
Moyle, P. B. and R. M. Yoshiyama. 1992. Fishes, aquatic diversity
management areas, and endangered species: Plan to protect
California's native aquatic biota. The California Policy Seminar,
University of California.
Robins, C. R., R. M. Baily, C. E. Bond, J. R. Brooker, E. A.
Lachner, R. N. Lea, and W. B. Scott. 1991. Common and scientific
names of fishes of the United States and Canada. American Fisheries
Society Special Publication 20. Bethesda, Maryland.
Sierra Club Legal Defense Fund. 1994. Petition to designate the
Santa Ana sucker, Santa Ana speckled dace, and Shay Creek threespine
stickleback as endangered species pursuant to the Endangered Species
Act of 1973, as amended.
Smith, G. R. 1966. Distribution and evolution of the North American
Pantosteus, genus Catostomus. Miscellaneous Publication Museum
Zoology, University of Michigan, No. 129:1-132.
Swift, C. C., T. R. Haglund, M. Ruiz, and R. N. Fisher. 1993. The
status and distribution of the freshwater fishes of southern
California. Bulletin of the Southern California Academy of Sciences,
92:1-67.
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: November 19, 1996.
Thomas Dwyer,
Acting Regional Director, Region 1, U.S. Fish and Wildlife Service.
[FR Doc. 96-30123 Filed 11-25-96; 8:45 am]
BILLING CODE 4310-55-P