Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition To List the Least Chub (Iotichthys phlegethontis, 61007-61015 [E8-24467]
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Federal Register / Vol. 73, No. 200 / Wednesday, October 15, 2008 / Proposed Rules
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[FWS–R6–ES–2008–0088; MO 9921050083–
B2]
Endangered and Threatened Wildlife
and Plants; 90-Day Finding on a
Petition To List the Least Chub
(Iotichthys phlegethontis) as
Threatened or Endangered With
Critical Habitat
Fish and Wildlife Service,
Interior.
ACTION: Notice of 90-day petition
finding.
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AGENCY:
SUMMARY: We, the U.S. Fish and
Wildlife Service (Service), announce a
90-day finding on a petition to list the
least chub (Iotichthys phlegethontis) as
threatened or endangered under the
Endangered Species Act of 1973, as
amended (Act). We find that the petition
presents substantial scientific or
commercial information indicating that
listing of the least chub may be
warranted. Therefore, with the
publication of this notice, we are
initiating a status review of the species,
and we will issue a 12-month finding to
determine if the petitioned action is
warranted. To ensure that the status
review is comprehensive, we are
soliciting scientific and commercial data
regarding this species. We will make a
determination on critical habitat for this
species if, and when, we initiate a
listing action.
DATES: To allow us adequate time to
conduct this review, we request that we
receive information on or before
December 15, 2008.
ADDRESSES: You may submit
information by one of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• U.S. mail or hand-delivery: Public
Comments Processing, Attn: FWS–R6–
ES–2008–0088; Division of Policy and
Directives Management; U.S. Fish and
Wildlife Service; 4401 N. Fairfax Drive,
Suite 222; Arlington, VA 22203.
We will not accept e-mail or faxes. We
will post all information at https://
www.regulations.gov. This generally
means that we will post any personal
information you provide us (see the
Information Solicited section below for
more details).
FOR FURTHER INFORMATION CONTACT:
Larry Crist, Field Supervisor, Utah
Ecological Services Field Office, 2369
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West Orton Circle, Suite 50, West Valley
City, UT 84119; telephone 801–975–
3330, extension 126. If you use a
telecommunications device for the deaf
(TDD), call the Federal Information
Relay Service (FIRS) at 800–877–8339.
SUPPLEMENTARY INFORMATION:
Information Solicited
When we make a finding that a
petition presents substantial
information to indicate that listing a
species may be warranted, we are
required to promptly commence a
review of the status of the species. To
ensure that the status review is
complete and based on the best
available scientific and commercial
information, we are soliciting
information from the public, other
concerned governmental agencies,
Native American Tribes, the scientific
community, industry, or any other
interested parties concerning the status
of the least chub. We are seeking
information regarding the species’
historical and current status and
distribution, its biology and ecology,
ongoing conservation measures for the
species and its habitat, and threats to
the species and its habitat.
If we determine that listing the least
chub is warranted, it is our intent to
propose critical habitat to the maximum
extent prudent and determinable at the
time we propose to list the species.
Therefore, with regard to areas within
the geographical range currently
occupied by the least chub, we also
request data and information on what
may constitute physical or biological
features essential to the conservation of
the species, where these features are
currently found, and whether any of
these features may require special
management considerations or
protection. In addition, we request data
and information regarding whether
there are areas outside the geographical
area occupied by the species that are
essential to the conservation of the
species. Please provide specific
information as to what, if any, critical
habitat you think we should propose for
designation if the species is proposed
for listing, and why such habitat meets
the requirements of the Act (16 U.S.C.
1531 et seq.).
Please note that submissions merely
stating support or opposition to the
action under consideration without
providing supporting information,
although noted, will not be considered
in making a determination, as section
4(b)(1)(A) of the Act directs that
determinations as to whether any
species is a threatened or endangered
species shall be made ‘‘solely on the
basis of the best scientific and
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61007
commercial data available.’’ At the
conclusion of the status review, we will
issue the 12-month finding on the
petition, as provided in section
4(b)(3)(B) of the Act (16 U.S.C.
1533(b)(3)(B)).
You may submit your information
concerning this 90-day finding by one of
the methods listed in the ADDRESSES
section. We will not accept comments
sent by e-mail or fax or to an address not
listed in the ADDRESSES section. Finally,
we may not consider comments that we
do not receive by the date specified in
the DATES section.
If you submit information via https://
www.regulations.gov, your entire
submission—including any personal
identifying information—will be posted
on the Web site. If your submission is
made via a hardcopy that includes
personal identifying information, you
may request at the top of your document
that we withhold this information from
public review. However, we cannot
guarantee that we will be able to do so.
We will post all hardcopy submissions
on https://www.regulations.gov.
Information and materials we receive,
as well as supporting documentation we
used in preparing this 90-day finding,
will be available for public inspection
on https://www.regulations.gov, or by
appointment, during normal business
hours, at the U.S. Fish and Wildlife
Service, Utah Ecological Services Field
Office (see FOR FURTHER INFORMATION
CONTACT).
Background
Section 4(b)(3)(A) of the Endangered
Species Act requires that we 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. We
are to base this finding on information
provided in the petition and supporting
information otherwise available in our
files at the time of the petition review.
To the maximum extent practicable, we
are to make this finding within 90 days
of our receipt of the petition, and
publish our notice of this finding
promptly in the Federal Register.
Our standard for substantial
information as defined in the Code of
Federal Regulations (CFR) regarding a
90-day petition finding is ‘‘that amount
of information that would lead a
reasonable person to believe that the
measure proposed in the petition may
be warranted’’ (50 CFR 424.14(b)). If we
find that the petition presented
substantial information, we are required
to promptly commence a review of the
status of the species.
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We received a petition from the
Center for Biological Diversity,
Confederated Tribes of the Goshute
Reservation, Great Basin Chapter of
Trout Unlimited, and Utah Chapter of
the Sierra Club, dated June 19, 2007,
requesting that we list the least chub
(Iotichthys phlegethontis) as threatened
or endangered under the Act.
Additionally, the petition requested that
critical habitat be designated concurrent
with listing. The petition clearly
identified itself as a petition and
included the identification information,
as required in 50 CFR 424.14(a). We
acknowledged receipt of the petition in
a letter dated July 13, 2007. In that letter
we advised the petitioners that we could
not address their petition at that time
because existing court orders and
settlement agreements for other listing
actions required nearly all of our listing
funding. We also concluded that
emergency listing of the least chub was
not warranted.
In making this finding, we relied on
information provided by the petitioners
that we determined to be reliable after
reviewing sources referenced in the
petition and available in our files. We
evaluated that information in
accordance with 50 CFR 424.14(b). Our
process for making this 90-day finding
under section 4(b)(3)(A) of the Act is
limited to a determination of whether
the information in the petition meets the
‘‘substantial information’’ threshold.
Previous Federal Actions
In 1972, and again in 1989, the least
chub was recognized as a threatened
species by the Endangered Species
Committee of the American Fisheries
Society (Miller 1972, p. 250; Williams et
al. 1989, pp. 2, 5). In 1980, the Service
reviewed the species’ status and
determined that there was insufficient
data to warrant its listing as an
endangered or threatened species. On
December 30, 1982, the Service
classified the least chub as a Category 2
Candidate Species (47 FR 58454). In
1989, we again conducted a status
review, and we reclassified least chub as
a Category 1 Candidate Species (54 FR
554). On September 29, 1995, the
Service published a proposed rule to list
the least chub as endangered with
critical habitat (60 FR 50518). A listing
moratorium, imposed by Congress in
1995, suspended all listing activities
and further action on the proposal was
postponed.
During the moratorium, the Service,
Utah Department of Natural Resources
(UDNR), Bureau of Land Management
(BLM), Bureau of Reclamation (BOR),
Utah Reclamation and Mitigation
Conservation Commission (URMCC),
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Confederated Tribes of the Goshute
Reservation, and Central Utah Water
Conservancy District developed a Least
Chub Conservation Agreement and
Strategy (LCCAS), and formed the Least
Chub Conservation Team (Perkins et al.
1998). The LCCAS was revised in 2005
(Bailey et al. 2005). The goal of the
agreement is to ensure the species’ longterm survival within its historic range
and assist in the development of
rangewide conservation efforts. The
objectives of the agreement are to
eliminate or significantly reduce threats
to the least chub and its habitat, to the
greatest extent possible, and to ensure
the continued existence of the species
by restoring and maintaining a
minimum number of least chub
populations throughout its historic
range. The Least Chub Conservation
Team implements the LCCAS, and
monitors populations, threats, and
habitat conditions.
As a result of conservation actions
and commitments made by signatories
to the 1998 LCCAS (Perkins et al. 1998,
p. 10), measures to protect the least
chub were being addressed and
implemented. Consequently, the Service
withdrew the listing proposal on July
29, 1999 (64 FR 41061).
Species Information
The least chub (Iotichthys
phlegethontis) is a monotypic cyprinid
(member of the minnow family) that is
typically less than 6.5 centimeters (2.6
inches) long. The species has broad
tolerances to habitat conditions that
have allowed it to persist in the
fluctuating environments of the springs
and marshes of Utah’s West Desert
(Lamarra 1981, p. 1). Least chub are
intermittent spawners, releasing a few
eggs at a time over an extended period
from February to September (Crawford
1979, p. 74). They are opportunistic
feeders and use available food items,
including algae, diatomaceous material,
midges, copepods, and ostracods (Sigler
and Sigler 1987, p. 182; Hickman 1989,
p. 8), depending on seasons and habitats
(Crist and Holden 1980, p. 808; Lamarra
1981, p. 5).
The species is endemic to the
Bonneville Basin of Utah where it was
once widely distributed throughout a
variety of habitats, including rivers,
streams, springs, ponds, marshes, and
swamps (Sigler and Miller 1963, p. 91).
Over the past 15,000 years, least chub
have persisted in relic wetland pockets
left by Bonneville and Provo Lakes,
which have been receding since the
Pleistocene period. A decline in the
abundance of least chub was first noted
in the 1940s and 1950s (Osmundson
1985, p. 1).
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Currently, six known, wild, extant
populations of least chub remain. Three
are in Snake Valley in Utah’s West
Desert, and include the Leland Harris
Spring complex, Gandy Salt Marsh, and
Bishop Spring:
(1) Leland Harris—R.R. Miller
collected the first least chub from the
Leland Harris Spring complex in 1970
(Sigler and Sigler 1987, p. 182). The site
is north of the Juab/Millard County line
and is primarily on BLM land, but
portions are privately owned. The site
consists of 12 springheads that feed a
playa wetland. The habitat fluctuates in
size seasonally. Least chub is the
dominant fish species; they are
abundant and the population appears to
be stable (Hines et al. 2008, p. 42). The
site has been monitored annually by the
Utah Division of Wildlife Resources
(UDWR) since 1993 (Hines et al. 2008,
p. 43). Miller Spring is part of the
Leland Harris Spring complex, but
outflows of the two sites are not always
connected.
(2) Gandy Salt Marsh—C.L. Hubbs
collected least chub at this site in 1942
(Sigler and Miller 1963, p. 82). Gandy
Salt Marsh is south of the Millard/Juab
County line and is managed by BLM. It
consists of 52 small springheads that
drain into a large playa wetland. Least
chub numbers fluctuate at this site, but
they are persistent and nonnative
species are not present (Hines et al.
2008, p. 40).
(3) Bishop Springs (Twin Springs)—
This spring complex is the largest
occupied least chub site in Snake
Valley. The marsh has four large springs
containing least chub, including Foote
Reservoir, Central Spring, and two sites
at Twin Springs. These flow into
marshlands, seeps, and braided
channels. The least chub population has
remained stable; however, nonnatives
are present and include common carp
(Cyprinus carpio), bull frogs (Rana
catesbeiana), and a small number of
bass (Micropterus sp.) (Hines et al. 2008,
p. 37).
The remaining three wild populations
are located along the Wasatch Front and
include Mills Valley and Clear Lake in
the Sevier River drainage and Mona
Springs in the Utah Lake drainage:
(4) Mills Valley—The Mills Valley
population was discovered in 1996 by
UDWR biologists. The site is in the
Sevier River drainage in Mills Valley,
southeast Juab County. It consists of a
wetland with many springheads
throughout the complex. Most of Mills
Valley is privately owned, but a portion
is on the UDWR Mills Meadows
Wildlife Management Area (WMA).
Nonnatives at this site include fathead
minnows (Pimephales promelas),
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sunfish (Lepomis sp.), and common carp
(Cyprinus carpio). Surveys from 1999 to
2006 indicate a stable least chub
population; however, fathead minnow
numbers during this period have
doubled (Hines et al. 2008, p. 44).
(5) Clear Lake—In 2003, UDWR
biologists found least chub at the Clear
Lake Waterfowl Management Area. This
reserve consists of a shallow reservoir
and diked ponds. It is managed by
UDWR to provide waterfowl habitat and
is located on the southern edge of the
Bonneville Basin in Millard County.
Nonnatives captured at Clear Lake
include rainbow trout (Oncorhynchus
mykiss) and common carp. Population
estimates are difficult to determine at
the Clear Lake site; however, since the
discovery of this population, successful
recruitment has been documented
(Hines et al. 2008, p. 45).
(6) Mona Springs—The Mona Springs
population was discovered in 1995 by
biologists from UDWR. The UDWR and
BOR acquired 41.5 hectares (ha) (102.6
acres (ac)) on the Mona Springs complex
(URMCC 2008). Least chub at this site
may be extirpated as a result of
mosquitofish (Gambusia affinis)
infestation (Hines et al. 2008, p. 34).
Portions of wild least chub
populations have been introduced into
captive or natural refuge environments
by UDWR, including five genetic refuge
and translocation sites:
(1) Lucin Pond—Lucin Pond was built
to provide cooling water for locomotive
steam engines for the transcontinental
railroad. The water is collected from
springs in the Pilot Mountains and
delivered by an antiquated aqueduct a
distance of approximately 8 kilometers
(km) (5 miles (mi)). Forty-two least chub
were transplanted to Lucin Pond in
1989 by UDWR biologists; however the
origin of these fish was not documented.
Genetic analysis indicates the fish
originated from both the Gandy Salt
Marsh and Leland Harris populations in
Snake Valley (Mock and Miller 2005, p.
276). Mosquitofish are abundant in the
pond.
(2) Antelope Island—Garden Creek is
a 0.04–ha (0.1–ac) pond that was
dredged by the Utah Department of
Parks and Recreation (UDPR), and is fed
by a perennial stream. In 2004, 947 least
chub were introduced to the pond. This
site is considered a genetic refuge for
the Mona Springs population.
Reproduction and recruitment are
occurring, and this transplant area
appears to be a success (Hines et al.
2008, p. 46).
(3) Atherly Reservoir—Atherly
Reservoir is a waterfowl management
area located in Rush Valley in Tooele
County, and operated by UDWR.
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Approximately 13,000 least chub from
the Mills Valley population were
introduced in 2006. Common carp are
present at the site. The status of the
population will be determined after
monitoring is conducted (Hines et al.
2008, p. 50).
(4) Fish Springs National Wildlife
Refuge—Attempts in 1995 and 1996 to
introduce least chub into spring heads
on the refuge were unsuccessful due to
the reinvasion of mosquitofish. In 2007,
least chub were introduced into Ibis and
Pintail Ponds, two units on the Refuge
that had been drained and allowed to
stay dry over the winter. Mosquitofish
are present, but the sites are large, the
habitat is diverse and expansive, and
the ponds can be drained periodically
(Hines et al. 2008, p. 50).
(5) Red Knolls Pond—This site is
located in west Box Elder County.
Nonnative eradication has been
conducted, and the pond is fenced to
exclude livestock. In 2005, 250 least
chub from Bishop Springs were
introduced. Successful recruitment was
observed in 2006 (Hines et al. 2008, p.
50).
Least chub are being held and
produced at the Wahweap State Fish
Hatchery in Big Water, Utah, and the
Fisheries Experiment Station in Logan,
Utah. Fish from these stations are used
for transplants to reintroduction sites.
Threats Analysis
Section 4 of the Act (16 U.S.C. 1533)
and its implementing regulations (50
CFR 424) set forth the procedures for
adding species to the Federal Lists of
Endangered and Threatened Wildlife
and Plants. A species may be
determined to be an endangered or
threatened species due to one or more
of the five factors described in section
4(a)(1) of the Act: (A) The present or
threatened destruction, modification, or
curtailment of its habitat or range; (B)
overutilization for commercial,
recreational, scientific, or educational
purposes; (C) disease or predation; (D)
inadequacy of existing regulatory
mechanisms; or (E) other natural or
manmade factors affecting its continued
existence. Listing actions may be
warranted based on any of the above
threat factors, singly or in combination.
In making this 90-day finding, we
evaluated whether information
regarding the least chub, as presented in
the petition and other information
available in our files at the time of
petition review, is substantial, thereby
indicating that listing the least chub as
threatened or endangered may be
warranted. Our evaluation is presented
below.
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A. The Present or Threatened
Destruction, Modification, or
Curtailment of Habitat or Range
The petitioners state that threats to
the species’ habitat include: (1)
Livestock grazing; (2) mining, including
peat mining and oil and gas leasing and
exploration; (3) urban development; and
(4) water withdrawal and diversion.
Livestock Grazing
The petitioners state that nearly 100
percent of the wild, extant least chub
sites have been impacted by livestock in
the last 10 years, and that direct and
indirect impacts from livestock grazing
to least chub, and aquatic habits in
general, is well documented in the
literature (Schultz and Leininger 1990,
pp. 297–299; Fleischner 1994, pp. 635–
636).
The petitioners report that livestock
grazing impacts at the Mills Valley
population site are the most serious in
existing wild chub habitat. Ungulate
damage occurs at other least chub sites,
including Mona Springs, Leland Harris,
and Twin Springs south of the Bishop
Springs site, and Central Spring and
Foote Reservoir at the Bishop Springs
site. They state that most least chub
habitats are not protected from grazing.
The petitioners provide general
information regarding livestock damage
to least chub habitats, but do not present
specific information that livestock
damage has resulted in least chub
population declines or loss of habitat.
The LCCAS has identified livestock
grazing as a potential threat to least
chub habitats; the Least Chub
Conservation Team monitors grazing
conditions at least chub population
sites, and implements protective
measures as necessary. At the Mona
Springs site, an electric fence has been
installed around the spring and riparian
area to exclude cattle. Fencing has also
been installed at Gandy Salt Marsh,
Leland Harris, and Miller Spring to
exclude cattle from spring head areas. A
rotational grazing plan was
implemented on 75 ha (188 ac) of the
Leland Harris site to improve habitat
conditions (Hines et al. 2008, p. 8).
On the basis of our evaluation of the
information presented in the petition,
we determined that the petition does
not present substantial information
indicating that listing the least chub
may be warranted due to the present or
threatened destruction, modification, or
curtailment of its habitat or range due to
livestock grazing. The Least Chub
Conservation Team implements
monitoring and mitigation measures
through the LCCAS to reduce the threat
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of livestock grazing to known
populations of least chub.
Mining, Oil and Gas Leasing and
Exploration
The petitioners state that mining can
negatively impact least chub
populations by polluting streams or
reducing stream flows. The petition
documents illegal peat mining in Mills
Valley on private property in the late
1990s. Mills Valley contains one of the
larger least chub populations. Although
the illegal activities have ceased,
permits have now been issued that
could allow future peat mining. The
petitioners acknowledge that peat
mining has not yet occurred, and they
reference an evaluation indicating that
peat mining in Mills Valley might not be
profitable.
The petitioners accurately report that
oil and gas leasing and exploration is
ongoing in areas occupied by least chub.
They state that oil and gas exploration
or development can result in impacts to
springs, marshes, and riparian and other
associated vegetation. Water used for
these operations can impact habitats by
polluting streams or reducing stream
flows.
The petition documents that, in 2006,
BLM leased multiple parcels north and
west of Miller Spring and in parts of the
Leland Harris population site. Most of
the Gandy Salt Marsh area and portions
of Mills Valley also have been leased.
Applications for permits to drill at these
sites have not yet been pursued. The
petitioners document that BLM has
attached directional drilling stipulations
to the Gandy Salt Marsh leases with the
intent to minimize impacts to occupied
least chub habitats.
Seismic lines have been tested to
determine locations of oil and gas
deposits in the Mills Valley area.
Although lease holders have committed
to avoiding spring and marsh habitats
within seismic routes, the petitioners
believe that impacts will occur from
seismic exploration. The petitioners
state that vehicles, including drilling
rigs and recording trucks, will crush
vegetation and compact soils. Routes
used for seismic exploration will likely
become established roads. Surface
activities may impact water quality.
Drilling activities have the potential to
release drilling fluids into the aquifer or
fracture underground geologic features
that are associated with spring
discharge.
We are aware of past illegal peat
mining activities in Mills Valley. We
reviewed the potential for lawful peat
mining to occur in the future. As the
petitioners cite, UDNR contracted an
analysis of the quality of the peat in
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2003. The report revealed that the peat
is of inferior quality and would not be
financially profitable to harvest.
Therefore, given our current
understanding of peat quality in the
area, we believe the threat from largescale peat mining is minimal.
Oil and gas leasing and exploration
have the potential to impact least chub
habitats. The petition provides general
information regarding the extent of oil
and gas leasing and potential
development in least chub habitats.
However, it does not present specific
information that this development has
resulted in losses, or threatens to result
in losses, of least chub habitat. The
petition correctly identifies
conservation measures that BLM has
attached to leases in occupied least
chub habitats.
Much of the information in the
petition concerning oil and gas leasing
and exploration identifies potential
rather than actual impacts. On the basis
of our evaluation of the information
presented in the petition, we
determined that it does not present
substantial information to indicate that
listing the least chub may be warranted
due to the present or threatened
destruction, modification, or
curtailment of its habitat or range due to
mining or oil and gas leasing or
exploration.
Urban and Suburban Development
The petitioners indicate that urban
and suburban development affect least
chub habitats with numerous, diverse,
direct and indirect impacts, including
but not limited to: (1) Encroachment
that changes the hydrology, sediment
regimes, and pollution input; (2) human
occupation near streams and springs
that increases the potential for
introduction of nonnative plants and
animals; and (3) alterations of stream
banks, floodplains, and wetland habitats
by increased diversions of surface flows
and connected groundwater.
The petitioners state that throughout
the Utah Lake hydrological subunit,
residential development and
agricultural and municipal water
development projects have impacted
least chub by converting habitats into
residential areas and altering natural
flows. They indicate that the Mona
Springs habitat is experiencing rapid
growth and that a development is
expanding to within 2 km (1.25 mi) of
the least chub site.
We acknowledge that development
has impacted the Wasatch Front least
chub populations. The least chub was
originally reported to be common
throughout the Bonneville Basin in a
variety of habitat types (Sigler and
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Miller 1963, p. 82). Innumerable
springs, streams, and wetlands along the
Wasatch Front have been impacted or
eliminated as a result of development.
However, within the currently
occupied range of the least chub, no
wild populations are known to be at risk
from urban development. UDWR owns
the majority of suitable habitat of
populations near the Wasatch Front,
including the Mona Springs and Clear
Lake sites, and a portion of Mills Valley.
In addition, Mills Valley is largely a
peat wetland with low development
potential. On the basis of our evaluation
of the information presented in the
petition, we determined that it does not
present substantial information to
indicate that listing the least chub may
be warranted due to the present or
threatened destruction, modification, or
curtailment of its habitat or range due to
urban or suburban development.
Water Withdrawal and Diversion
The petitioners consider the most
significant threat to Snake Valley least
chub populations to be proposed
groundwater withdrawals from the
Snake Valley aquifer. They indicate that
the agency charged with supplying
water to Las Vegas, the Southern
Nevada Water Authority (SNWA), has
proposed drilling nine groundwater
pumping stations just inside Nevada on
the Utah/Nevada border in Snake
Valley, and withdrawing up to 3,048 to
3,658 hectare-meters (ha-m) (25,000 to
30,000 ac-ft) a year of groundwater
(Schaeffer and Harrill 1995, p. 11). The
petitioners believe the wells will likely
be drilled at locations where water from
creeks coming off the Snake Range
becomes subterranean and enters Utah’s
portion of Snake Valley. If all permits
are granted, SNWA intends to start
pumping in 2015. The petitioners state
that although SNWA’s formal proposal
calls for pumping about 3,048 ha-m
(25,000 ac-ft) of water per year from
Snake Valley, SNWA has applications
on file with the Nevada State Engineer
for pumping roughly double that
amount—up to 6,177 ha-m (50,665 ac-ft)
per year. In their Clark, Lincoln, and
White Pine Counties Groundwater
Development (GWD) Project Final
Scoping Package for an Environmental
Impact Statement, SNWA identified 9
points of diversion in Snake Valley and
estimates of 15 to 25 groundwater
production wells (BLM 2006, pp. 1, 2,
17, 18).
The petitioners reference several
studies predicting impacts to the
dynamics and overall budget of the
Snake Valley groundwater system
(Schaeffer and Harrill 1995, pp. 19–27;
Kirby and Hurlow 2005, pp. 21–26, 30–
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34). They state that once groundwater
pumping at the base of the Snake Range
begins, spring discharge throughout
Snake Valley will decrease by an
unpredictable amount and rate.
The petitioners present their concerns
relative to characterization of the aquifer
and conclude that groundwater
pumping in Spring Valley, Nevada, will
affect Utah resources. Reductions in the
water table of the Spring Valley aquifer
could decrease the current flow of an
estimated 488 to 610 ha-m (4,000 to
5,000 ac-ft) per year through the alluvial
aquifer that delivers groundwater to
Snake Valley. The petitioners question
whether the water in this aquifer is a
renewable resource. They believe that
geologic changes may have occurred
since the aquifers filled, resulting in
partitioning of the aquifers and
alteration of flows within the system.
To evaluate the reliability of the
petitioners’ statements concerning water
withdrawals, we reviewed the
information available to us in our files.
Aspects of the GWD project have
changed since the petitioners’
description, and will likely continue to
change as the project progresses. An
overview of the GWD project indicates
that the SNWA has applied to the BLM
for issuance of rights-of-way to
construct and operate a system of
regional water supply and conveyance
facilities. The project would include
conveyance of up to 24,384 ha-m
(200,000 ac-ft) of groundwater—20,360
ha-m (167,000 ac-ft) by SNWA and the
remaining capacity provided for Lincoln
County Water District from six
hydrographic basins (SNWA 2007, p. 1–
1). The groundwater that SNWA intends
to convey would be from both existing
and future permitted water rights in
hydrographic basins of the Great Salt
Lake Desert Regional Flow System
(Nevada and Utah) and White River
Flow System (Nevada).
The GWD project includes
construction and operation of
groundwater production wells, water
conveyance facilities, and power
facilities. The proposed production
wells and facilities would be located on
public lands managed by BLM in
Nevada. No facilities are planned in
Utah. Two portions of the GWD project,
the Spring Valley Basin and the Snake
Valley Basin, may affect Utah resources
(SNWA 2007, p. 1–1).
The Nevada State Engineer issued a
ruling on April 16, 2007, approving a
major portion of the SNWA
groundwater rights applications for the
Spring Valley Hydrographic Basin.
SNWA can pump 4,877 ha-m (40,000
ac-ft) annually from the Basin, with the
potential for an additional 2,438 ha-m
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(20,000 ac-ft) per year based on results
of 10 years of monitoring (State of
Nevada 2007, p. 56). The Service and
other Department of the Interior (DOI)
agencies (BLM, National Park Service,
and Bureau of Indian Affairs) protested
SNWA’s Spring Valley water rights
applications when they were filed in
1989, based in part on potential impacts
to water-dependent resources.
The DOI agencies reached a stipulated
agreement with SNWA for the Spring
Valley withdrawal, and withdrew their
protests before the Nevada State
Engineer held a hearing. The Stipulated
Agreement, signed in September 2006,
established a process for developing and
implementing hydrologic and biologic
monitoring, management, and
mitigation (State of Nevada 2007, p. 56).
Representatives from the Service and
UDWR are participating on the
Biological Work Group formed under
the Spring Valley Stipulation
Agreement. This group is designing and
implementing a monitoring,
management, and mitigation plan to
avoid unreasonable adverse effects to
water-dependent ecosystems and to
maintain or enhance baseline biologic
integrity and ecological health (SNWA
2006, Exhibit 2). In accordance with the
Nevada State Engineer’s ruling, 5 years
of baseline data must be collected and
analyzed prior to initiation of any
groundwater pumping.
The Nevada State Engineer hearings
on SNWA water rights applications in
Snake Valley have not yet been
scheduled. According to the Lincoln
County Recreation and Development
Act (LCCRDA) of 2004, before any transbasin diversion from groundwater
basins located within Nevada and Utah,
the States must reach an agreement on
the division of water resources and
groundwater flow systems. Negotiations
are occurring, but Nevada and Utah
have not reached agreement. The
timeframe for an interstate water
withdrawal agreement for Snake Valley
is uncertain.
The petitioners reference predictions
of impacts to the Snake Valley aquifer
from groundwater pumping (Kirby and
Hurlow 2005, p. 33). We concur that
some or all of these impacts may occur.
However, a lack of information on the
extent of aquifers, their hydraulic
properties, and the distribution of water
levels in the aquifers makes it difficult
to develop a reliable prediction of the
amount or location of draw-down, or the
rate of change in natural discharge,
caused by pumping (Prudic 2006, p. 3).
A hydrologic groundwater flow model
specific to the six basins being analyzed
in the current Environmental Impact
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Statement (EIS), and outlined in the
GWD project, is being developed.
The LCCRDA of 2004 directed a study
of groundwater quantity, quality, and
flow characteristics in the carbonate and
alluvial aquifers of White Pine County,
Nevada; groundwater basins located in
White Pine or Lincoln Counties,
Nevada; and adjacent areas in Utah.
This Basin and Range Carbonate Aquifer
System (BARCAS) study was conducted
by U.S. Geological Survey (USGS), the
Desert Research Institute, and the State
of Utah. USGS released a final report of
the BARCAS study on February 22,
2008 (USGS 2008).
The BARCAS study included a waterresources assessment of the geologic
framework and hydrologic processes
influencing the quantity and quality of
groundwater resources. USGS
determined that groundwater systems
underlying many of the valleys in
eastern Nevada and western Utah are
not isolated, but rather contribute to or
receive flow from adjoining basins.
They also determined that some largevolume springs cannot be supported
entirely by the local recharge from the
adjacent mountains; these springs
depend on water from potentially
hundreds of miles away (USGS 2008,
pp. 2–8).
The BARCAS study is used to guide
designation of basin and regional
groundwater ‘‘budgets’’ for 13
hydrographic areas and the entire study
area in White Pine County, Nevada. The
study included assessment of the
hydrogeology, recharge and discharge,
and groundwater flow and geochemistry
of the aquifer system. One result from
the BARCAS study was documentation
that the study-wide average annual
groundwater recharge exceeded annual
discharge by about 10,973 ha-m (90,000
ac-ft); most of this groundwater surplus
exits the study area through Snake
Valley to the northeast or White River
Valley to the south (USGS 2008, p. 3).
In 2007, the Utah State Legislature
charged the Utah Geological Survey
with establishing a groundwater
monitoring network in Utah’s West
Desert in response to the proposed
groundwater pumping project. The
objectives of the monitoring network are
to define background water level and
geochemical conditions prior to SNWA
pumping, and to quantify any changes
in these conditions after pumping
begins.
On the basis of our evaluation of the
information presented in the petition
and in our files, we determined that the
petition presents substantial
information to indicate that listing least
chub as a threatened or endangered
species may be warranted due to water
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withdrawal and diversion. However, a
great deal of uncertainty exists regarding
the long-term effects of the groundwater
pumping proposal for aquifers and
surface waters in Utah’s West Desert.
Numerous models and studies are
underway that should provide
additional information that would
enable us to evaluate effects.
The GWD project is anticipated to be
completed in January 2014 (SNWA
2007, pp. 4–11). Prior to its completion,
baseline data collection and research on
biologic and hydrologic impacts will
continue. Despite lack of specific data at
this time, the level of concern regarding
negative impacts to spring discharge
rates, and ultimately least chub habitats,
from groundwater pumping is high.
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B. Overutilization for Commercial,
Recreational, Scientific, or Educational
Purposes
The petition states the overutilization
for commercial, recreational, scientific
or educational purposes does not
currently pose a threat to least chub.
C. Disease or Predation
The petitioners document that where
nonnative fishes have been introduced,
least chub are unlikely to persist
(Osmundson 1985, p. 2; Hickman 1989,
pp. 2–3, 9). Introduced game fishes,
including largemouth bass (Micropterus
salmoides), rainbow trout
(Oncorhynchus mykiss), common carp
(Cyprinus carpio), and brook trout
(Salvelinus fontinalis), are predators on
least chub, and these species have been
stocked into least chub habitats
(Workman et al. 1979, pp. 1–2, 136;
Sigler and Sigler 1987, p. 183;
Osmundson 1985, p. 2; Crist 1990, p. 5).
The petitioners note that mosquitofish
(Gambusia affinis), in particular, are a
direct threat because of aggressive
predation on least chub eggs and young
(Sigler and Sigler 1987, p. 183; Sigler
and Miller 1963, p. 92). They indicate
that population declines at Mona
Springs (Hines et al. 2008, p. 34) and
Lucin Pond (Thompson 2005, p. 4) have
been directly attributed to the presence
of mosquitofish.
The petitioners note that disease and
incidence of parasitism are not major
factors affecting least chub. The parasite
blackspot (Neascus cuticola) is known
to be present in the Leland Harris
population. Infested least chub
examined to date have appeared to be
robust and in good condition (Bailey et
al. 2005, p. 21).
We find that the petition presents
substantial information indicating that
nonnative species, particularly
mosquitofish, are a predation threat to
least chub in wild and translocated
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populations. Wasatch Front populations
are currently impacted the most by
nonnative species. The Mona Springs
population is near extirpation (Hines et
al. 2008, p. 34) due to the invasion of
mosquitofish. The nonnative fathead
minnow (Pimephales promelas) is
prominent at the Mills Valley site, and
sunfish (Lepomis sp.) and common carp
also are present; however, no effects
have been observed to the least chub
population (Hines et al. 2008, p. 43).
Rainbow trout and common carp have
been captured at Clear Lake, and other
nonnative species may be present; these
species do not appear to be affecting the
least chub population.
Two efforts to translocate least chub
to Fish Springs National Wildlife Refuge
failed as a result of predation (and
competition) by mosquitofish. A similar
translocation on Antelope Island also
failed as a result of predation by
mosquitofish.
The Least Chub Conservation Team
implements ongoing efforts to prevent
the introduction of nonnative species
into least chub habitats. The Policy for
Fish Stocking and Transfer Procedures
includes protocols for the introduction
of nonnative species, including game,
and is adhered to by UDWR. All
stocking actions must be consistent with
ongoing recovery and conservation
actions for Utah Sensitive Species
(UDWR 1997, p. 19).
In addition, the Least Chub
Conservation Team (LCCT) has
attempted mechanical removal of
mosquitofish from occupied least chub
habitats, most intensively at the Mona
Springs complex. The least chub
population at Mona Springs has been
steadily declining since 1999. UDWR
made extensive efforts to mechanically
remove mosquitofish at this site for 3
consecutive years, but even after 95
percent removal, the population
recovered within a year (Hines et al.
2008, p. 32). Least chub at this location
are now near extirpation (Hines et al.
2008, p. 31). A treatment for
mosquitofish at Water and Deadman
Springs on the Fish Springs National
Wildlife Refuge was conducted in 1995
and 1996 through a combination of
Rotenone application and draining the
ponds. Least chub were then
transplanted into the ponds, but reinvasion by mosquitofish resulted in
transplant failure (Wilson and Whiting
2002, p. 4; Wilson and Mills 2004, pp.
4–5).
In 2002, a Memorandum of
Understanding (MOU) between UDWR
and Mosquito Abatement Districts was
finalized in order to reduce the spread
of mosquitofish in Utah. The Mosquito
Abatement Districts are now restricted
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to stocking in ornamental ponds. In
2008, UDWR and the Mosquito
Abatement Districts of Salt Lake and
Davis Counties will conduct pilot
studies to determine the effectiveness of
replacing mosquitofish with least chub
for mosquito control purposes; however,
this has not yet been completed.
Despite efforts to monitor and remove
mosquitofish, this nonnative species
continues to be a predation threat (as
well as a competitor; see Factor E) to the
least chub. At some sites, such as Mona
Springs, the threat is large enough that
extirpation of least chub populations is
possible. On the basis of our evaluation
of the information presented in the
petition, we find that the petition
presents substantial information
indicating that listing the least chub as
a threatened or endangered species may
be warranted due to the presence and
potential spread of nonnative predatory
species in least chub habitats.
D. Inadequacy of Existing Regulatory
Mechanisms
The petition reviews the legal
authorities of each Federal agency
relative to providing protection for the
least chub, including the Service, BLM,
and U.S. Army Corps of Engineers
(Corps). The petitioners indicate that
State, Tribal, and local programs are
inadequate substitutes for Federal
protection under the Act (Center for
Biological Diversity v. Gale Norton, CV
01–409 TUC DCB, Jan. 13, 2003;
Doremus and Page 2001, p. 1266). They
acknowledge other agencies that
contribute to the LCCAS, but have no
regulatory authority, including BOR,
URMCC, and the Central Utah Water
Conservancy District.
The petition indicates that the Service
has no specific authority to take actions
for recovery of least chub. Consideration
or implementation of Service
recommendations is discretionary. The
petition states that management of least
chub habitat on BLM lands is likely
inadequate to prevent further decline of
the species in Snake Valley because,
regardless of the Federal Land Policy
and Management Act (43 U.S.C. 1701 et
seq.) and the National Environmental
Policy Act (42 U.S.C. 4231 et seq.),
impacts continue to occur to least chub
sites. The Corps administers issuance of
dredge and fill permits under section
404 of the Clean Water Act (33 U.S.C.
1251 et seq.). These permits regulate a
wide variety of activities in streams and
wetlands in both the historic and extant
range of least chub. Under the
regulations and policies governing
implementation of this program, there is
substantial latitude for allowing
destruction and degradation of stream
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habitats, including those that could
potentially support least chub.
The least chub is currently classified
in the State of Utah as a Tier 1 Sensitive
Species, a status that includes federally
listed species and species for which a
Conservation Agreement has been
completed and implemented (UDWR
2005, pp. 5–3).
The petitioners review the extensive
efforts of UDWR, as a result of the
LCCAS, to implement conservation
measures for the least chub. They
compare proposed measures in the
LCCAS to completed conservation
measures of habitat enhancement and
protection, restoration of hydrologic
conditions, nonnative control, range
expansion, monitoring, mitigation,
regulation, and information and
education programs. The petitioners
acknowledge progress made in all
categories, but conclude that it is not
adequate; despite the extensive efforts
and new information on the species, the
status of the least chub has not
substantially improved since it was
determined warranted for listing in
1995.
Although the least chub does not have
protection under the Act, conservation
provisions have been accomplished.
The Service is represented on the
LCCAS Technical Team, and we
evaluate the progress of actions to
protect the species. BLM also
participates on the LCCAS Technical
Team and assists in on-the-ground
projects, such as fencing and habitat
restoration, and has attached
conservation measures to leases in areas
of occupied least chub habitats.
UDWR, through coordinated efforts by
the Least Chub Conservation Team, has
implemented site-specific habitat
enhancement and restoration projects
that include land acquisition,
conservation easements, landowner
agreements, bank stabilization,
nonnative vegetation removal, fencing
to exclude livestock, dredging, and
water line repairs (Hines et al. 2008, pp.
22–24). Hydrologic conditions of extant
least chub population habitats in Snake
Valley have been protected by the
UDWR. For example, in 2007, UDWR
purchased water rights in Foote
Reservoir to maintain water levels at
Bishop and Twin Springs (Hines et al.
2008, p. 23).
Efforts also have been made to protect
and increase the long-term viability of
least chub populations. Portions of five
of the six wild least chub populations
(Bishop Springs, Mills Valley, Mona
Springs, Clear Lake, and Leland Harris)
have been relocated to new sites to
provide genetic refuge (Hines et al.
2008, p. 20). In addition, two fish
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hatcheries harbor brood stock for use in
ongoing relocation efforts and four
display/educational populations exist.
To date, BLM has demonstrated
support for least chub conservation by
requiring lease stipulations that avoid
drilling in least chub habitats. UDWR
has completed conservation measures
within existing regulatory frameworks,
such as acquiring water rights,
purchasing land, and implementing
habitat restoration. Mosquito Abatement
Districts are now incorporating least
chub conservation needs into mosquito
control programs by removing
mosquitofish as the primary control
mechanism and cooperating in research
efforts.
Despite extensive efforts, regulatory
mechanisms have not been able to
ameliorate the threat from nonnative
species, and State water regulations are
not specific enough to ensure long-term
viability of the least chub. We conclude
that the petition presents substantial
information to indicate that listing least
chub as a threatened or endangered
species may be warranted due to
inadequacy of existing regulatory
mechanisms.
E. Other Natural or Manmade Factors
Affecting Its Continued Existence
The petitioners state that other natural
and manmade threats to the species
include: (1) Competition from nonnative
species; (2) hybridization; (3) mosquito
abatement programs; (4) stochastic
disturbance and population isolation;
(5) drought and climate change; and (6)
cumulative effects.
Competition from Nonnative Species
The petitioners indicate that
nonnative fishes, including
mosquitofish, rainwater killifish
(Lucania parva), and plains killifish
(Fundulus zebrinis), have been released
into least chub habitats. These species
have similar diets to the least chub and
are considered competitors.
Nonnative fishes exist in least chub
habitats. Mosquitofish, in addition to
being a predator on least chub eggs and
young, are a significant competitor to
adult least chub for food sources.
Population declines at Mona Springs
and Lucin Pond have been directly
attributed to the presence of
mosquitofish (Hines et al. 2008, p. 34;
Thompson 2005, p. 4). See Factor C
(predation) for a discussion of the
efforts, mostly unsuccessful, to remove
and prevent reinvasion of nonnative fish
in least chub habitats. We find that the
petition presents substantial
information to indicate that listing least
chub as a threatened or endangered
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species may be warranted due to
competition from nonnative fish.
Hybridization
The petition notes that hybridization
may occur in compromised habitats.
Hybrid introgression of least chub with
Utah chub (Gila atraria), and with
speckled dace (Rhinichthys osculus),
has been reported (Miller and Behnke
1985, pp. 509–515). In complex habitats,
reproductive isolating mechanisms can
be eliminated as a result of habitat
alteration and degradation; overlaps of
reproductive niches and breakdowns of
behavior due to overcrowding then
occur (Crawford 1979, p. 74; Lamarra
1981, p. 7). Least chub hybrids have
been reported from springs near Callao,
Utah, where least chub once existed
(Miller and Behnke 1985, p. 510).
Recent molecular diversity studies on
existing least chub populations indicate
that currently no evidence of
hybridization between least chub and
Utah chub exists, and suggest that
previous hybridization reports may have
been due to a misidentification of
specimens (Mock and Miller 2003, p.
10). The information provided by the
petitioners does not present substantial
information to indicate that listing the
least chub may be warranted due to
hybridization.
Mosquito Abatement Programs
The petition indicates that, although
BLM has rejected Juab County’s request
for implementing a mosquito control
spraying program on BLM administered
lands, the spraying may still occur on
private lands. The least chub may be
affected because mosquito larvae are a
major food item in the least chub diet.
Least chub have been shown to be
opportunistic feeders and use available
food items, including algae,
diatomaceous material, midges,
copepods, and ostracods (Sigler and
Sigler 1987, p. 92; Hickman 1989, p. 8)
depending on seasons and habitats
(Crist and Holden 1980, p. 808; Lamarra
1981, p. 5). As previously stated, an
MOU between UDWR and Mosquito
Abatement Districts was finalized in
order to reduce the spread of
mosquitofish in Utah. In 2008, UDWR
and the Mosquito Abatement Districts of
Salt Lake and Davis Counties will
conduct studies to determine the
effectiveness of replacing mosquitofish
with least chub for mosquito control
purposes; however, studies have not
been completed. The petitioners
conclude that effects of a mosquito
control program on least chub are
unknown. The petitioners do not
present substantial information to
indicate that listing the least chub may
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be warranted due to effects from
mosquito abatement programs.
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Stochastic Disturbance and Population
Isolation
The petition presents information
relative to the limited distribution and
isolation of remaining least chub
populations. The petitioners cite
literature on the risks to small, isolated
populations, including environmental
and demographic stochasticity (Lande
1993, pp. 911–917).
Least chub populations are isolated,
both naturally and as the result of
human impacts. Habitat connectivity is
absent among the three Wasatch Front
populations as a result of past urban
development. West Desert populations
are similarly disconnected except in
years of exceptionally high water.
However, the LCCT team has been
successful in protecting the remaining
occupied sites. Translocation efforts
have established five new sites in
natural habitats (Hines et al. 2008, p.
20). In addition, results of genetic
studies indicate that ongoing
translocation efforts have been
successful in maintaining genetic
diversity (Mock and Miller 2005, pp.
273–277). Therefore, although small,
isolated populations will remain a
conservation challenge, we find that the
petitioners have not presented
substantial information to indicate that
listing the least chub may be warranted
due to effects from stochastic
disturbance and population isolation.
Drought and Climate Change
The petition indicates that a
prolonged drought has occurred in Utah
and some least chub habitats,
particularly the Gandy Salt Marsh
complex, may have been compromised.
The petition cites the effects of climate
change on biodiversity (IPCC 2001, pp.
5, 16; Davenport et al. 1998, pp. 229–
238), and the combined effects of
drought to least chub populations and
habitats in Utah. The petitioners state
that climate change, specifically
increased global temperatures, may be a
more serious long-term threat to least
chub than drought. They indicate that
the effects of increased global
temperatures include decreased
duration and depth of winter snowfall
(IPCC 2001, pp. 6, 9); earlier spring
runoff and decreased water availability;
decreased productivity and cover of
herbaceous vegetation, resulting in
increased soil erosion; and
unprecedented rates of vegetation shifts
due to die off, especially along
boundaries of semi-arid ecosystems
(Davenport et al. 1998, p. 231). These
changes may pose threats to native
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aquatic species as the quality and
quantity of aquatic, riparian, and mesic
upland ecosystems decline with
decreased water availability.
The petitioners present no direct link
between climate change and the least
chub, and we have no information in
our files to substantiate their claims.
Therefore, we find that the petitioners
have not presented substantial
information to indicate that listing the
least chub may be warranted due to
effects from climate change.
Drought has been documented
periodically within the range of the least
chub, and is likely currently affecting
the species. However, the species has
continued to exist despite periods of
natural drought, and on its own, this is
not considered a significant threat to the
species. During periods of drought,
farmers and ranchers rely more heavily
on water sources for irrigation purposes,
and this factor combined with drought
has likely led to the loss of several
springs in the Snake Valley. However, it
is currently not possible to separate
drought from water withdrawals in
order to analyze it as a threat to the least
chub. Therefore, we find that the
petitioners have not presented
substantial information to indicate that
listing the least chub may be warranted
due to effects from drought.
Cumulative Effects
The petitioners indicate that many
possible combinations of effects could
cumulatively impact least chub
populations. They discuss possible
combined effects of climate change,
drought, and aquifer depletions on the
least chub and its habitats.
We cannot predict the cumulative
effects of climate change and drought on
least chub at this time. In addition,
because the effects of proposed
groundwater withdrawals have not been
determined, it is difficult to predict how
the combination of those effects with
potential climate change and drought
would affect the least chub. Effects will
be determined to some extent possibly
by modeling efforts, and by the results
of implementation and monitoring of
future groundwater withdrawals. While
potential combinations of negative
impacts are a concern for the least chub,
we find that the petitioners have not
presented substantial information to
indicate that listing the least chub may
be warranted due to the cumulative
effects of climate change, drought, and
aquifer depletions.
Finding
We reviewed the petition, supporting
information provided by the petitioners,
and information in our files and
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evaluated that information to determine
whether the sources cited support the
claims made in the petition. We find the
petitioners presented substantial
information under Factor A (Present or
threatened destruction, modification, or
curtailment of habitat or range)
indicating that listing the least chub as
threatened or endangered under the Act
may be warranted due to water
withdrawals and diversions. While
uncertainty exists on the magnitude of
effects to the least chub from proposed
groundwater pumping, concern
regarding the six extant, wild
populations is sufficient to warrant
further analysis.
We find that the petitioners presented
substantial information under Factors C
(Disease or Predation) and E (Other
Natural or Manmade Factors Affecting
the Species’ Continued Existence)
indicating that listing the least chub as
threatened or endangered under the Act
may be warranted due to the continuing
threat of nonnative species, particularly
mosquitofish, for which there is no
known means of control. Several
significant efforts have been made to
remove mosquitofish from least chub
habitats, without success. The wild least
chub population at Mona Springs may
be extirpated due to mosquitofish. Of
the six natural populations, five have
nonnative species present and of five
refuge sites, two currently have
mosquitofish present.
We find that the petitioners presented
substantial information under Factor D
(Inadequacy of Existing Regulatory
Mechanisms) indicating that listing the
least chub as threatened or endangered
under the Act may be warranted due to
inadequacy of existing regulations.
Regulatory mechanisms may not be
adequate to ameliorate the threat from
nonnative species, and State water
regulations are not specific enough to
ensure long-term viability of the least
chub.
Based on our consideration of the
information provided in the petition,
and in accordance with recent
applicable court decisions pertaining to
90-day findings, we find that the
petition presents substantial scientific
information indicating that listing the
least chub may be warranted. Our
process for making this 90-day finding
under section 4(b)(3)(A) of the Act is
limited to a determination of whether
the information in the petition presents
‘‘substantial scientific and commercial
information,’’ which is interpreted in
our regulations as ‘‘that amount of
information that would lead a
reasonable person to believe that the
measure proposed in the petition may
be warranted’’ (50 CFR 424.14(b)).
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Federal Register / Vol. 73, No. 200 / Wednesday, October 15, 2008 / Proposed Rules
Therefore, we are initiating a status
review to determine if listing the species
is warranted. To ensure that the status
review is comprehensive, we are
soliciting scientific and commercial
information regarding the least chub.
It is important to note that the
‘‘substantial information’’ standard for a
90-day finding is in contrast to the Act’s
‘‘best scientific and commercial data’’
standard that applies to a 12-month
finding as to whether a petitioned action
is warranted. A 90-day finding is not a
status assessment of the species and
does not constitute a status review
under the Act. Our final determination
as to whether a petitioned action is
warranted is not made until we have
completed a thorough status review of
the species, which is conducted
following a positive 90-day finding.
Because the Act’s standards for 90-day
and 12-month findings are different, as
described above, a positive 90-day
finding does not mean that the 12month finding also will be positive.
We encourage interested parties to
continue gathering data that will assist
with the conservation and monitoring of
the least chub. The petitioners requested
that critical habitat be designated for
this species. If we determine in our 12month finding that listing the least chub
is warranted, we will address the
designation of critical habitat at the time
of the proposed rulemaking.
References Cited
A complete list of all references cited
in this document is available upon
request from the Utah Ecological
Services Field Office (see the FOR
FURTHER INFORMATION CONTACT section).
Author
The primary authors of this document
are staff of the Utah Ecological Services
Field Office (see the FOR FURTHER
INFORMATION CONTACT section).
Authority
erowe on PROD1PC64 with PROPOSALS-1
The authority for this action is section
4 of the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et
seq.).
Dated: October 7, 2008.
Paul R. Schmidt,
Acting Director, U.S. Fish and Wildlife
Service.
[FR Doc. E8–24467 Filed 10–14–08; 8:45 am]
BILLING CODE 4310–55–P
VerDate Aug<31>2005
15:21 Oct 14, 2008
Jkt 214001
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
RIN 0648–AV61
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Spiny
Lobster (Panulirus argus) Resources
of the Caribbean, Gulf of Mexico, and
South Atlantic; Minimum Conservation
Standards for Imported Spiny Lobster
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Announcement of availability of
fishery management plan amendments;
request for comments.
AGENCY:
SUMMARY: NMFS announces the
availability of Amendment 4 to the
Spiny Lobster Fishery Management Plan
(FMP) of Puerto Rico and the U.S.
Virgin Islands and Amendment 8 to the
Joint Spiny Lobster FMP of the Gulf of
Mexico and South Atlantic prepared by
the Caribbean, South Atlantic, and Gulf
of Mexico Fishery Management
Councils (Councils). Amendments 4 and
8 would establish minimum
conservation standards for imported
spiny lobster. The intended effect of
Amendments 4 and 8 is to eliminate the
primary market for lobster that do not
meet the minimum size limit or mean
size at sexual maturity, which is
expected to result in a reduction in the
foreign harvest of these undersized
animals and increase the spawning
stock biomass and long-term potential
yield within the pan-Caribbean spiny
lobster fishery.
DATES: Written comments must be
received no later than 5 p.m., eastern
time, on December 15, 2008.
ADDRESSES: You may submit comments
by any of the following methods:
• E-mail: 0648–AV61.NOA@noaa.gov.
Include in the subject line the following
document identifier: 0648–AV61–NOA.
• Federal e-Rulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail: Jason Rueter, Southeast
Regional Office, NMFS, 263 13th
Avenue South, St. Petersburg, FL 33701.
• Fax: 727–824–5308, Attention:
Jason Rueter.
Copies of Amendments 4 and 8,
which include an Environmental Impact
Statement, a Regulatory Impact Review
(RIR), and an Initial Regulatory
Flexibility Analysis are available from
NMFS Southeast Regional Office, 263
PO 00000
Frm 00020
Fmt 4702
Sfmt 4702
61015
13th Avenue South, St Petersburg, FL
33701; e-mail: jason.rueter@noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Jason Rueter, 727–824–5305; fax 727–
824–5308; e-mail:
jason.rueter@noaa.gov.
SUPPLEMENTARY INFORMATION: The
United States is a major importer of
spiny lobster, importing over 88,000
tons (over 194 million lbs) over the past
10 years, worth an estimated $2.27
billion dollars. The United States
imports over 90 percent of the spiny
lobster harvested in South and Central
America and the Caribbean countries.
Some of the exporting countries have
minimum size limits, but other
countries do not. As a result, some of
the imported product is legally
harvested, but the majority of the
undersized product is illegally
harvested in the exporting countries.
The major exporters to the United States
are the Bahamas, Brazil, Honduras, and
Nicaragua. All of these exporting
countries have some form of minimum
size requirement, but the requirements
are variable and enforcement is severely
lacking. Therefore, NOAA Fisheries
Service in coordination with the
Caribbean, South Atlantic, and Gulf of
Mexico Fishery Management Councils is
considering minimum conservation
standards on imports to curtail the flow
of imported undersized lobster
harvested in foreign countries. The panCaribbean spiny lobster stock is
considered to be fully exploited or overexploited in much of its range.
Therefore, additional restrictions on the
harvest of animals below the mean size
at sexual maturity (i.e., undersized
animals) would greatly benefit the stock.
Eliminating the primary market for
undersized lobster is expected to result
in a reduction in the foreign harvest of
undersized animals and increase the
spawning stock biomass and long-term
potential yield within the panCaribbean spiny lobster fishery.
A proposed rule that would
implement the measures outlined in
Amendments 4 and 8 has been received
from the Councils. In accordance with
the Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act), NMFS is
evaluating the proposed rule to
determine whether it is consistent with
the FMPs, the Magnuson-Stevens Act,
and other applicable law. If that
determination is affirmative, NMFS will
publish the proposed rule in the Federal
Register for public review and
comment.
Comments received by December 15,
2008 whether specifically directed to
the Amendments 4 and 8 or the
E:\FR\FM\15OCP1.SGM
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Agencies
[Federal Register Volume 73, Number 200 (Wednesday, October 15, 2008)]
[Proposed Rules]
[Pages 61007-61015]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-24467]
[[Page 61007]]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[FWS-R6-ES-2008-0088; MO 9921050083-B2]
Endangered and Threatened Wildlife and Plants; 90-Day Finding on
a Petition To List the Least Chub (Iotichthys phlegethontis) as
Threatened or Endangered With Critical Habitat
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of 90-day petition finding.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a
90-day finding on a petition to list the least chub (Iotichthys
phlegethontis) as threatened or endangered under the Endangered Species
Act of 1973, as amended (Act). We find that the petition presents
substantial scientific or commercial information indicating that
listing of the least chub may be warranted. Therefore, with the
publication of this notice, we are initiating a status review of the
species, and we will issue a 12-month finding to determine if the
petitioned action is warranted. To ensure that the status review is
comprehensive, we are soliciting scientific and commercial data
regarding this species. We will make a determination on critical
habitat for this species if, and when, we initiate a listing action.
DATES: To allow us adequate time to conduct this review, we request
that we receive information on or before December 15, 2008.
ADDRESSES: You may submit information by one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
U.S. mail or hand-delivery: Public Comments Processing,
Attn: FWS-R6-ES-2008-0088; Division of Policy and Directives
Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax Drive,
Suite 222; Arlington, VA 22203.
We will not accept e-mail or faxes. We will post all information at
https://www.regulations.gov. This generally means that we will post any
personal information you provide us (see the Information Solicited
section below for more details).
FOR FURTHER INFORMATION CONTACT: Larry Crist, Field Supervisor, Utah
Ecological Services Field Office, 2369 West Orton Circle, Suite 50,
West Valley City, UT 84119; telephone 801-975-3330, extension 126. If
you use a telecommunications device for the deaf (TDD), call the
Federal Information Relay Service (FIRS) at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Information Solicited
When we make a finding that a petition presents substantial
information to indicate that listing a species may be warranted, we are
required to promptly commence a review of the status of the species. To
ensure that the status review is complete and based on the best
available scientific and commercial information, we are soliciting
information from the public, other concerned governmental agencies,
Native American Tribes, the scientific community, industry, or any
other interested parties concerning the status of the least chub. We
are seeking information regarding the species' historical and current
status and distribution, its biology and ecology, ongoing conservation
measures for the species and its habitat, and threats to the species
and its habitat.
If we determine that listing the least chub is warranted, it is our
intent to propose critical habitat to the maximum extent prudent and
determinable at the time we propose to list the species. Therefore,
with regard to areas within the geographical range currently occupied
by the least chub, we also request data and information on what may
constitute physical or biological features essential to the
conservation of the species, where these features are currently found,
and whether any of these features may require special management
considerations or protection. In addition, we request data and
information regarding whether there are areas outside the geographical
area occupied by the species that are essential to the conservation of
the species. Please provide specific information as to what, if any,
critical habitat you think we should propose for designation if the
species is proposed for listing, and why such habitat meets the
requirements of the Act (16 U.S.C. 1531 et seq.).
Please note that submissions merely stating support or opposition
to the action under consideration without providing supporting
information, although noted, will not be considered in making a
determination, as section 4(b)(1)(A) of the Act directs that
determinations as to whether any species is a threatened or endangered
species shall be made ``solely on the basis of the best scientific and
commercial data available.'' At the conclusion of the status review, we
will issue the 12-month finding on the petition, as provided in section
4(b)(3)(B) of the Act (16 U.S.C. 1533(b)(3)(B)).
You may submit your information concerning this 90-day finding by
one of the methods listed in the ADDRESSES section. We will not accept
comments sent by e-mail or fax or to an address not listed in the
ADDRESSES section. Finally, we may not consider comments that we do not
receive by the date specified in the DATES section.
If you submit information via https://www.regulations.gov, your
entire submission--including any personal identifying information--will
be posted on the Web site. If your submission is made via a hardcopy
that includes personal identifying information, you may request at the
top of your document that we withhold this information from public
review. However, we cannot guarantee that we will be able to do so. We
will post all hardcopy submissions on https://www.regulations.gov.
Information and materials we receive, as well as supporting
documentation we used in preparing this 90-day finding, will be
available for public inspection on https://www.regulations.gov, or by
appointment, during normal business hours, at the U.S. Fish and
Wildlife Service, Utah Ecological Services Field Office (see FOR
FURTHER INFORMATION CONTACT).
Background
Section 4(b)(3)(A) of the Endangered Species Act requires that we
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. We are to base
this finding on information provided in the petition and supporting
information otherwise available in our files at the time of the
petition review. To the maximum extent practicable, we are to make this
finding within 90 days of our receipt of the petition, and publish our
notice of this finding promptly in the Federal Register.
Our standard for substantial information as defined in the Code of
Federal Regulations (CFR) regarding a 90-day petition finding is ``that
amount of information that would lead a reasonable person to believe
that the measure proposed in the petition may be warranted'' (50 CFR
424.14(b)). If we find that the petition presented substantial
information, we are required to promptly commence a review of the
status of the species.
[[Page 61008]]
We received a petition from the Center for Biological Diversity,
Confederated Tribes of the Goshute Reservation, Great Basin Chapter of
Trout Unlimited, and Utah Chapter of the Sierra Club, dated June 19,
2007, requesting that we list the least chub (Iotichthys phlegethontis)
as threatened or endangered under the Act. Additionally, the petition
requested that critical habitat be designated concurrent with listing.
The petition clearly identified itself as a petition and included the
identification information, as required in 50 CFR 424.14(a). We
acknowledged receipt of the petition in a letter dated July 13, 2007.
In that letter we advised the petitioners that we could not address
their petition at that time because existing court orders and
settlement agreements for other listing actions required nearly all of
our listing funding. We also concluded that emergency listing of the
least chub was not warranted.
In making this finding, we relied on information provided by the
petitioners that we determined to be reliable after reviewing sources
referenced in the petition and available in our files. We evaluated
that information in accordance with 50 CFR 424.14(b). Our process for
making this 90-day finding under section 4(b)(3)(A) of the Act is
limited to a determination of whether the information in the petition
meets the ``substantial information'' threshold.
Previous Federal Actions
In 1972, and again in 1989, the least chub was recognized as a
threatened species by the Endangered Species Committee of the American
Fisheries Society (Miller 1972, p. 250; Williams et al. 1989, pp. 2,
5). In 1980, the Service reviewed the species' status and determined
that there was insufficient data to warrant its listing as an
endangered or threatened species. On December 30, 1982, the Service
classified the least chub as a Category 2 Candidate Species (47 FR
58454). In 1989, we again conducted a status review, and we
reclassified least chub as a Category 1 Candidate Species (54 FR 554).
On September 29, 1995, the Service published a proposed rule to list
the least chub as endangered with critical habitat (60 FR 50518). A
listing moratorium, imposed by Congress in 1995, suspended all listing
activities and further action on the proposal was postponed.
During the moratorium, the Service, Utah Department of Natural
Resources (UDNR), Bureau of Land Management (BLM), Bureau of
Reclamation (BOR), Utah Reclamation and Mitigation Conservation
Commission (URMCC), Confederated Tribes of the Goshute Reservation, and
Central Utah Water Conservancy District developed a Least Chub
Conservation Agreement and Strategy (LCCAS), and formed the Least Chub
Conservation Team (Perkins et al. 1998). The LCCAS was revised in 2005
(Bailey et al. 2005). The goal of the agreement is to ensure the
species' long-term survival within its historic range and assist in the
development of rangewide conservation efforts. The objectives of the
agreement are to eliminate or significantly reduce threats to the least
chub and its habitat, to the greatest extent possible, and to ensure
the continued existence of the species by restoring and maintaining a
minimum number of least chub populations throughout its historic range.
The Least Chub Conservation Team implements the LCCAS, and monitors
populations, threats, and habitat conditions.
As a result of conservation actions and commitments made by
signatories to the 1998 LCCAS (Perkins et al. 1998, p. 10), measures to
protect the least chub were being addressed and implemented.
Consequently, the Service withdrew the listing proposal on July 29,
1999 (64 FR 41061).
Species Information
The least chub (Iotichthys phlegethontis) is a monotypic cyprinid
(member of the minnow family) that is typically less than 6.5
centimeters (2.6 inches) long. The species has broad tolerances to
habitat conditions that have allowed it to persist in the fluctuating
environments of the springs and marshes of Utah's West Desert (Lamarra
1981, p. 1). Least chub are intermittent spawners, releasing a few eggs
at a time over an extended period from February to September (Crawford
1979, p. 74). They are opportunistic feeders and use available food
items, including algae, diatomaceous material, midges, copepods, and
ostracods (Sigler and Sigler 1987, p. 182; Hickman 1989, p. 8),
depending on seasons and habitats (Crist and Holden 1980, p. 808;
Lamarra 1981, p. 5).
The species is endemic to the Bonneville Basin of Utah where it was
once widely distributed throughout a variety of habitats, including
rivers, streams, springs, ponds, marshes, and swamps (Sigler and Miller
1963, p. 91). Over the past 15,000 years, least chub have persisted in
relic wetland pockets left by Bonneville and Provo Lakes, which have
been receding since the Pleistocene period. A decline in the abundance
of least chub was first noted in the 1940s and 1950s (Osmundson 1985,
p. 1).
Currently, six known, wild, extant populations of least chub
remain. Three are in Snake Valley in Utah's West Desert, and include
the Leland Harris Spring complex, Gandy Salt Marsh, and Bishop Spring:
(1) Leland Harris--R.R. Miller collected the first least chub from
the Leland Harris Spring complex in 1970 (Sigler and Sigler 1987, p.
182). The site is north of the Juab/Millard County line and is
primarily on BLM land, but portions are privately owned. The site
consists of 12 springheads that feed a playa wetland. The habitat
fluctuates in size seasonally. Least chub is the dominant fish species;
they are abundant and the population appears to be stable (Hines et al.
2008, p. 42). The site has been monitored annually by the Utah Division
of Wildlife Resources (UDWR) since 1993 (Hines et al. 2008, p. 43).
Miller Spring is part of the Leland Harris Spring complex, but outflows
of the two sites are not always connected.
(2) Gandy Salt Marsh--C.L. Hubbs collected least chub at this site
in 1942 (Sigler and Miller 1963, p. 82). Gandy Salt Marsh is south of
the Millard/Juab County line and is managed by BLM. It consists of 52
small springheads that drain into a large playa wetland. Least chub
numbers fluctuate at this site, but they are persistent and nonnative
species are not present (Hines et al. 2008, p. 40).
(3) Bishop Springs (Twin Springs)--This spring complex is the
largest occupied least chub site in Snake Valley. The marsh has four
large springs containing least chub, including Foote Reservoir, Central
Spring, and two sites at Twin Springs. These flow into marshlands,
seeps, and braided channels. The least chub population has remained
stable; however, nonnatives are present and include common carp
(Cyprinus carpio), bull frogs (Rana catesbeiana), and a small number of
bass (Micropterus sp.) (Hines et al. 2008, p. 37).
The remaining three wild populations are located along the Wasatch
Front and include Mills Valley and Clear Lake in the Sevier River
drainage and Mona Springs in the Utah Lake drainage:
(4) Mills Valley--The Mills Valley population was discovered in
1996 by UDWR biologists. The site is in the Sevier River drainage in
Mills Valley, southeast Juab County. It consists of a wetland with many
springheads throughout the complex. Most of Mills Valley is privately
owned, but a portion is on the UDWR Mills Meadows Wildlife Management
Area (WMA). Nonnatives at this site include fathead minnows (Pimephales
promelas),
[[Page 61009]]
sunfish (Lepomis sp.), and common carp (Cyprinus carpio). Surveys from
1999 to 2006 indicate a stable least chub population; however, fathead
minnow numbers during this period have doubled (Hines et al. 2008, p.
44).
(5) Clear Lake--In 2003, UDWR biologists found least chub at the
Clear Lake Waterfowl Management Area. This reserve consists of a
shallow reservoir and diked ponds. It is managed by UDWR to provide
waterfowl habitat and is located on the southern edge of the Bonneville
Basin in Millard County. Nonnatives captured at Clear Lake include
rainbow trout (Oncorhynchus mykiss) and common carp. Population
estimates are difficult to determine at the Clear Lake site; however,
since the discovery of this population, successful recruitment has been
documented (Hines et al. 2008, p. 45).
(6) Mona Springs--The Mona Springs population was discovered in
1995 by biologists from UDWR. The UDWR and BOR acquired 41.5 hectares
(ha) (102.6 acres (ac)) on the Mona Springs complex (URMCC 2008). Least
chub at this site may be extirpated as a result of mosquitofish
(Gambusia affinis) infestation (Hines et al. 2008, p. 34).
Portions of wild least chub populations have been introduced into
captive or natural refuge environments by UDWR, including five genetic
refuge and translocation sites:
(1) Lucin Pond--Lucin Pond was built to provide cooling water for
locomotive steam engines for the transcontinental railroad. The water
is collected from springs in the Pilot Mountains and delivered by an
antiquated aqueduct a distance of approximately 8 kilometers (km) (5
miles (mi)). Forty-two least chub were transplanted to Lucin Pond in
1989 by UDWR biologists; however the origin of these fish was not
documented. Genetic analysis indicates the fish originated from both
the Gandy Salt Marsh and Leland Harris populations in Snake Valley
(Mock and Miller 2005, p. 276). Mosquitofish are abundant in the pond.
(2) Antelope Island--Garden Creek is a 0.04-ha (0.1-ac) pond that
was dredged by the Utah Department of Parks and Recreation (UDPR), and
is fed by a perennial stream. In 2004, 947 least chub were introduced
to the pond. This site is considered a genetic refuge for the Mona
Springs population. Reproduction and recruitment are occurring, and
this transplant area appears to be a success (Hines et al. 2008, p.
46).
(3) Atherly Reservoir--Atherly Reservoir is a waterfowl management
area located in Rush Valley in Tooele County, and operated by UDWR.
Approximately 13,000 least chub from the Mills Valley population were
introduced in 2006. Common carp are present at the site. The status of
the population will be determined after monitoring is conducted (Hines
et al. 2008, p. 50).
(4) Fish Springs National Wildlife Refuge--Attempts in 1995 and
1996 to introduce least chub into spring heads on the refuge were
unsuccessful due to the reinvasion of mosquitofish. In 2007, least chub
were introduced into Ibis and Pintail Ponds, two units on the Refuge
that had been drained and allowed to stay dry over the winter.
Mosquitofish are present, but the sites are large, the habitat is
diverse and expansive, and the ponds can be drained periodically (Hines
et al. 2008, p. 50).
(5) Red Knolls Pond--This site is located in west Box Elder County.
Nonnative eradication has been conducted, and the pond is fenced to
exclude livestock. In 2005, 250 least chub from Bishop Springs were
introduced. Successful recruitment was observed in 2006 (Hines et al.
2008, p. 50).
Least chub are being held and produced at the Wahweap State Fish
Hatchery in Big Water, Utah, and the Fisheries Experiment Station in
Logan, Utah. Fish from these stations are used for transplants to
reintroduction sites.
Threats Analysis
Section 4 of the Act (16 U.S.C. 1533) and its implementing
regulations (50 CFR 424) set forth the procedures for adding species to
the Federal Lists of Endangered and Threatened Wildlife and Plants. A
species may be determined to be an endangered or threatened species due
to one or more of the five factors described in section 4(a)(1) of the
Act: (A) The present or threatened destruction, modification, or
curtailment of its habitat or range; (B) overutilization for
commercial, recreational, scientific, or educational purposes; (C)
disease or predation; (D) inadequacy of existing regulatory mechanisms;
or (E) other natural or manmade factors affecting its continued
existence. Listing actions may be warranted based on any of the above
threat factors, singly or in combination.
In making this 90-day finding, we evaluated whether information
regarding the least chub, as presented in the petition and other
information available in our files at the time of petition review, is
substantial, thereby indicating that listing the least chub as
threatened or endangered may be warranted. Our evaluation is presented
below.
A. The Present or Threatened Destruction, Modification, or Curtailment
of Habitat or Range
The petitioners state that threats to the species' habitat include:
(1) Livestock grazing; (2) mining, including peat mining and oil and
gas leasing and exploration; (3) urban development; and (4) water
withdrawal and diversion.
Livestock Grazing
The petitioners state that nearly 100 percent of the wild, extant
least chub sites have been impacted by livestock in the last 10 years,
and that direct and indirect impacts from livestock grazing to least
chub, and aquatic habits in general, is well documented in the
literature (Schultz and Leininger 1990, pp. 297-299; Fleischner 1994,
pp. 635-636).
The petitioners report that livestock grazing impacts at the Mills
Valley population site are the most serious in existing wild chub
habitat. Ungulate damage occurs at other least chub sites, including
Mona Springs, Leland Harris, and Twin Springs south of the Bishop
Springs site, and Central Spring and Foote Reservoir at the Bishop
Springs site. They state that most least chub habitats are not
protected from grazing.
The petitioners provide general information regarding livestock
damage to least chub habitats, but do not present specific information
that livestock damage has resulted in least chub population declines or
loss of habitat. The LCCAS has identified livestock grazing as a
potential threat to least chub habitats; the Least Chub Conservation
Team monitors grazing conditions at least chub population sites, and
implements protective measures as necessary. At the Mona Springs site,
an electric fence has been installed around the spring and riparian
area to exclude cattle. Fencing has also been installed at Gandy Salt
Marsh, Leland Harris, and Miller Spring to exclude cattle from spring
head areas. A rotational grazing plan was implemented on 75 ha (188 ac)
of the Leland Harris site to improve habitat conditions (Hines et al.
2008, p. 8).
On the basis of our evaluation of the information presented in the
petition, we determined that the petition does not present substantial
information indicating that listing the least chub may be warranted due
to the present or threatened destruction, modification, or curtailment
of its habitat or range due to livestock grazing. The Least Chub
Conservation Team implements monitoring and mitigation measures through
the LCCAS to reduce the threat
[[Page 61010]]
of livestock grazing to known populations of least chub.
Mining, Oil and Gas Leasing and Exploration
The petitioners state that mining can negatively impact least chub
populations by polluting streams or reducing stream flows. The petition
documents illegal peat mining in Mills Valley on private property in
the late 1990s. Mills Valley contains one of the larger least chub
populations. Although the illegal activities have ceased, permits have
now been issued that could allow future peat mining. The petitioners
acknowledge that peat mining has not yet occurred, and they reference
an evaluation indicating that peat mining in Mills Valley might not be
profitable.
The petitioners accurately report that oil and gas leasing and
exploration is ongoing in areas occupied by least chub. They state that
oil and gas exploration or development can result in impacts to
springs, marshes, and riparian and other associated vegetation. Water
used for these operations can impact habitats by polluting streams or
reducing stream flows.
The petition documents that, in 2006, BLM leased multiple parcels
north and west of Miller Spring and in parts of the Leland Harris
population site. Most of the Gandy Salt Marsh area and portions of
Mills Valley also have been leased. Applications for permits to drill
at these sites have not yet been pursued. The petitioners document that
BLM has attached directional drilling stipulations to the Gandy Salt
Marsh leases with the intent to minimize impacts to occupied least chub
habitats.
Seismic lines have been tested to determine locations of oil and
gas deposits in the Mills Valley area. Although lease holders have
committed to avoiding spring and marsh habitats within seismic routes,
the petitioners believe that impacts will occur from seismic
exploration. The petitioners state that vehicles, including drilling
rigs and recording trucks, will crush vegetation and compact soils.
Routes used for seismic exploration will likely become established
roads. Surface activities may impact water quality. Drilling activities
have the potential to release drilling fluids into the aquifer or
fracture underground geologic features that are associated with spring
discharge.
We are aware of past illegal peat mining activities in Mills
Valley. We reviewed the potential for lawful peat mining to occur in
the future. As the petitioners cite, UDNR contracted an analysis of the
quality of the peat in 2003. The report revealed that the peat is of
inferior quality and would not be financially profitable to harvest.
Therefore, given our current understanding of peat quality in the area,
we believe the threat from large-scale peat mining is minimal.
Oil and gas leasing and exploration have the potential to impact
least chub habitats. The petition provides general information
regarding the extent of oil and gas leasing and potential development
in least chub habitats. However, it does not present specific
information that this development has resulted in losses, or threatens
to result in losses, of least chub habitat. The petition correctly
identifies conservation measures that BLM has attached to leases in
occupied least chub habitats.
Much of the information in the petition concerning oil and gas
leasing and exploration identifies potential rather than actual
impacts. On the basis of our evaluation of the information presented in
the petition, we determined that it does not present substantial
information to indicate that listing the least chub may be warranted
due to the present or threatened destruction, modification, or
curtailment of its habitat or range due to mining or oil and gas
leasing or exploration.
Urban and Suburban Development
The petitioners indicate that urban and suburban development affect
least chub habitats with numerous, diverse, direct and indirect
impacts, including but not limited to: (1) Encroachment that changes
the hydrology, sediment regimes, and pollution input; (2) human
occupation near streams and springs that increases the potential for
introduction of nonnative plants and animals; and (3) alterations of
stream banks, floodplains, and wetland habitats by increased diversions
of surface flows and connected groundwater.
The petitioners state that throughout the Utah Lake hydrological
subunit, residential development and agricultural and municipal water
development projects have impacted least chub by converting habitats
into residential areas and altering natural flows. They indicate that
the Mona Springs habitat is experiencing rapid growth and that a
development is expanding to within 2 km (1.25 mi) of the least chub
site.
We acknowledge that development has impacted the Wasatch Front
least chub populations. The least chub was originally reported to be
common throughout the Bonneville Basin in a variety of habitat types
(Sigler and Miller 1963, p. 82). Innumerable springs, streams, and
wetlands along the Wasatch Front have been impacted or eliminated as a
result of development.
However, within the currently occupied range of the least chub, no
wild populations are known to be at risk from urban development. UDWR
owns the majority of suitable habitat of populations near the Wasatch
Front, including the Mona Springs and Clear Lake sites, and a portion
of Mills Valley. In addition, Mills Valley is largely a peat wetland
with low development potential. On the basis of our evaluation of the
information presented in the petition, we determined that it does not
present substantial information to indicate that listing the least chub
may be warranted due to the present or threatened destruction,
modification, or curtailment of its habitat or range due to urban or
suburban development.
Water Withdrawal and Diversion
The petitioners consider the most significant threat to Snake
Valley least chub populations to be proposed groundwater withdrawals
from the Snake Valley aquifer. They indicate that the agency charged
with supplying water to Las Vegas, the Southern Nevada Water Authority
(SNWA), has proposed drilling nine groundwater pumping stations just
inside Nevada on the Utah/Nevada border in Snake Valley, and
withdrawing up to 3,048 to 3,658 hectare-meters (ha-m) (25,000 to
30,000 ac-ft) a year of groundwater (Schaeffer and Harrill 1995, p.
11). The petitioners believe the wells will likely be drilled at
locations where water from creeks coming off the Snake Range becomes
subterranean and enters Utah's portion of Snake Valley. If all permits
are granted, SNWA intends to start pumping in 2015. The petitioners
state that although SNWA's formal proposal calls for pumping about
3,048 ha-m (25,000 ac-ft) of water per year from Snake Valley, SNWA has
applications on file with the Nevada State Engineer for pumping roughly
double that amount--up to 6,177 ha-m (50,665 ac-ft) per year. In their
Clark, Lincoln, and White Pine Counties Groundwater Development (GWD)
Project Final Scoping Package for an Environmental Impact Statement,
SNWA identified 9 points of diversion in Snake Valley and estimates of
15 to 25 groundwater production wells (BLM 2006, pp. 1, 2, 17, 18).
The petitioners reference several studies predicting impacts to the
dynamics and overall budget of the Snake Valley groundwater system
(Schaeffer and Harrill 1995, pp. 19-27; Kirby and Hurlow 2005, pp. 21-
26, 30-
[[Page 61011]]
34). They state that once groundwater pumping at the base of the Snake
Range begins, spring discharge throughout Snake Valley will decrease by
an unpredictable amount and rate.
The petitioners present their concerns relative to characterization
of the aquifer and conclude that groundwater pumping in Spring Valley,
Nevada, will affect Utah resources. Reductions in the water table of
the Spring Valley aquifer could decrease the current flow of an
estimated 488 to 610 ha-m (4,000 to 5,000 ac-ft) per year through the
alluvial aquifer that delivers groundwater to Snake Valley. The
petitioners question whether the water in this aquifer is a renewable
resource. They believe that geologic changes may have occurred since
the aquifers filled, resulting in partitioning of the aquifers and
alteration of flows within the system.
To evaluate the reliability of the petitioners' statements
concerning water withdrawals, we reviewed the information available to
us in our files. Aspects of the GWD project have changed since the
petitioners' description, and will likely continue to change as the
project progresses. An overview of the GWD project indicates that the
SNWA has applied to the BLM for issuance of rights-of-way to construct
and operate a system of regional water supply and conveyance
facilities. The project would include conveyance of up to 24,384 ha-m
(200,000 ac-ft) of groundwater--20,360 ha-m (167,000 ac-ft) by SNWA and
the remaining capacity provided for Lincoln County Water District from
six hydrographic basins (SNWA 2007, p. 1-1). The groundwater that SNWA
intends to convey would be from both existing and future permitted
water rights in hydrographic basins of the Great Salt Lake Desert
Regional Flow System (Nevada and Utah) and White River Flow System
(Nevada).
The GWD project includes construction and operation of groundwater
production wells, water conveyance facilities, and power facilities.
The proposed production wells and facilities would be located on public
lands managed by BLM in Nevada. No facilities are planned in Utah. Two
portions of the GWD project, the Spring Valley Basin and the Snake
Valley Basin, may affect Utah resources (SNWA 2007, p. 1-1).
The Nevada State Engineer issued a ruling on April 16, 2007,
approving a major portion of the SNWA groundwater rights applications
for the Spring Valley Hydrographic Basin. SNWA can pump 4,877 ha-m
(40,000 ac-ft) annually from the Basin, with the potential for an
additional 2,438 ha-m (20,000 ac-ft) per year based on results of 10
years of monitoring (State of Nevada 2007, p. 56). The Service and
other Department of the Interior (DOI) agencies (BLM, National Park
Service, and Bureau of Indian Affairs) protested SNWA's Spring Valley
water rights applications when they were filed in 1989, based in part
on potential impacts to water-dependent resources.
The DOI agencies reached a stipulated agreement with SNWA for the
Spring Valley withdrawal, and withdrew their protests before the Nevada
State Engineer held a hearing. The Stipulated Agreement, signed in
September 2006, established a process for developing and implementing
hydrologic and biologic monitoring, management, and mitigation (State
of Nevada 2007, p. 56). Representatives from the Service and UDWR are
participating on the Biological Work Group formed under the Spring
Valley Stipulation Agreement. This group is designing and implementing
a monitoring, management, and mitigation plan to avoid unreasonable
adverse effects to water-dependent ecosystems and to maintain or
enhance baseline biologic integrity and ecological health (SNWA 2006,
Exhibit 2). In accordance with the Nevada State Engineer's ruling, 5
years of baseline data must be collected and analyzed prior to
initiation of any groundwater pumping.
The Nevada State Engineer hearings on SNWA water rights
applications in Snake Valley have not yet been scheduled. According to
the Lincoln County Recreation and Development Act (LCCRDA) of 2004,
before any trans-basin diversion from groundwater basins located within
Nevada and Utah, the States must reach an agreement on the division of
water resources and groundwater flow systems. Negotiations are
occurring, but Nevada and Utah have not reached agreement. The
timeframe for an interstate water withdrawal agreement for Snake Valley
is uncertain.
The petitioners reference predictions of impacts to the Snake
Valley aquifer from groundwater pumping (Kirby and Hurlow 2005, p. 33).
We concur that some or all of these impacts may occur. However, a lack
of information on the extent of aquifers, their hydraulic properties,
and the distribution of water levels in the aquifers makes it difficult
to develop a reliable prediction of the amount or location of draw-
down, or the rate of change in natural discharge, caused by pumping
(Prudic 2006, p. 3). A hydrologic groundwater flow model specific to
the six basins being analyzed in the current Environmental Impact
Statement (EIS), and outlined in the GWD project, is being developed.
The LCCRDA of 2004 directed a study of groundwater quantity,
quality, and flow characteristics in the carbonate and alluvial
aquifers of White Pine County, Nevada; groundwater basins located in
White Pine or Lincoln Counties, Nevada; and adjacent areas in Utah.
This Basin and Range Carbonate Aquifer System (BARCAS) study was
conducted by U.S. Geological Survey (USGS), the Desert Research
Institute, and the State of Utah. USGS released a final report of the
BARCAS study on February 22, 2008 (USGS 2008).
The BARCAS study included a water-resources assessment of the
geologic framework and hydrologic processes influencing the quantity
and quality of groundwater resources. USGS determined that groundwater
systems underlying many of the valleys in eastern Nevada and western
Utah are not isolated, but rather contribute to or receive flow from
adjoining basins. They also determined that some large-volume springs
cannot be supported entirely by the local recharge from the adjacent
mountains; these springs depend on water from potentially hundreds of
miles away (USGS 2008, pp. 2-8).
The BARCAS study is used to guide designation of basin and regional
groundwater ``budgets'' for 13 hydrographic areas and the entire study
area in White Pine County, Nevada. The study included assessment of the
hydrogeology, recharge and discharge, and groundwater flow and
geochemistry of the aquifer system. One result from the BARCAS study
was documentation that the study-wide average annual groundwater
recharge exceeded annual discharge by about 10,973 ha-m (90,000 ac-ft);
most of this groundwater surplus exits the study area through Snake
Valley to the northeast or White River Valley to the south (USGS 2008,
p. 3).
In 2007, the Utah State Legislature charged the Utah Geological
Survey with establishing a groundwater monitoring network in Utah's
West Desert in response to the proposed groundwater pumping project.
The objectives of the monitoring network are to define background water
level and geochemical conditions prior to SNWA pumping, and to quantify
any changes in these conditions after pumping begins.
On the basis of our evaluation of the information presented in the
petition and in our files, we determined that the petition presents
substantial information to indicate that listing least chub as a
threatened or endangered species may be warranted due to water
[[Page 61012]]
withdrawal and diversion. However, a great deal of uncertainty exists
regarding the long-term effects of the groundwater pumping proposal for
aquifers and surface waters in Utah's West Desert. Numerous models and
studies are underway that should provide additional information that
would enable us to evaluate effects.
The GWD project is anticipated to be completed in January 2014
(SNWA 2007, pp. 4-11). Prior to its completion, baseline data
collection and research on biologic and hydrologic impacts will
continue. Despite lack of specific data at this time, the level of
concern regarding negative impacts to spring discharge rates, and
ultimately least chub habitats, from groundwater pumping is high.
B. Overutilization for Commercial, Recreational, Scientific, or
Educational Purposes
The petition states the overutilization for commercial,
recreational, scientific or educational purposes does not currently
pose a threat to least chub.
C. Disease or Predation
The petitioners document that where nonnative fishes have been
introduced, least chub are unlikely to persist (Osmundson 1985, p. 2;
Hickman 1989, pp. 2-3, 9). Introduced game fishes, including largemouth
bass (Micropterus salmoides), rainbow trout (Oncorhynchus mykiss),
common carp (Cyprinus carpio), and brook trout (Salvelinus fontinalis),
are predators on least chub, and these species have been stocked into
least chub habitats (Workman et al. 1979, pp. 1-2, 136; Sigler and
Sigler 1987, p. 183; Osmundson 1985, p. 2; Crist 1990, p. 5).
The petitioners note that mosquitofish (Gambusia affinis), in
particular, are a direct threat because of aggressive predation on
least chub eggs and young (Sigler and Sigler 1987, p. 183; Sigler and
Miller 1963, p. 92). They indicate that population declines at Mona
Springs (Hines et al. 2008, p. 34) and Lucin Pond (Thompson 2005, p. 4)
have been directly attributed to the presence of mosquitofish.
The petitioners note that disease and incidence of parasitism are
not major factors affecting least chub. The parasite blackspot (Neascus
cuticola) is known to be present in the Leland Harris population.
Infested least chub examined to date have appeared to be robust and in
good condition (Bailey et al. 2005, p. 21).
We find that the petition presents substantial information
indicating that nonnative species, particularly mosquitofish, are a
predation threat to least chub in wild and translocated populations.
Wasatch Front populations are currently impacted the most by nonnative
species. The Mona Springs population is near extirpation (Hines et al.
2008, p. 34) due to the invasion of mosquitofish. The nonnative fathead
minnow (Pimephales promelas) is prominent at the Mills Valley site, and
sunfish (Lepomis sp.) and common carp also are present; however, no
effects have been observed to the least chub population (Hines et al.
2008, p. 43). Rainbow trout and common carp have been captured at Clear
Lake, and other nonnative species may be present; these species do not
appear to be affecting the least chub population.
Two efforts to translocate least chub to Fish Springs National
Wildlife Refuge failed as a result of predation (and competition) by
mosquitofish. A similar translocation on Antelope Island also failed as
a result of predation by mosquitofish.
The Least Chub Conservation Team implements ongoing efforts to
prevent the introduction of nonnative species into least chub habitats.
The Policy for Fish Stocking and Transfer Procedures includes protocols
for the introduction of nonnative species, including game, and is
adhered to by UDWR. All stocking actions must be consistent with
ongoing recovery and conservation actions for Utah Sensitive Species
(UDWR 1997, p. 19).
In addition, the Least Chub Conservation Team (LCCT) has attempted
mechanical removal of mosquitofish from occupied least chub habitats,
most intensively at the Mona Springs complex. The least chub population
at Mona Springs has been steadily declining since 1999. UDWR made
extensive efforts to mechanically remove mosquitofish at this site for
3 consecutive years, but even after 95 percent removal, the population
recovered within a year (Hines et al. 2008, p. 32). Least chub at this
location are now near extirpation (Hines et al. 2008, p. 31). A
treatment for mosquitofish at Water and Deadman Springs on the Fish
Springs National Wildlife Refuge was conducted in 1995 and 1996 through
a combination of Rotenone application and draining the ponds. Least
chub were then transplanted into the ponds, but re-invasion by
mosquitofish resulted in transplant failure (Wilson and Whiting 2002,
p. 4; Wilson and Mills 2004, pp. 4-5).
In 2002, a Memorandum of Understanding (MOU) between UDWR and
Mosquito Abatement Districts was finalized in order to reduce the
spread of mosquitofish in Utah. The Mosquito Abatement Districts are
now restricted to stocking in ornamental ponds. In 2008, UDWR and the
Mosquito Abatement Districts of Salt Lake and Davis Counties will
conduct pilot studies to determine the effectiveness of replacing
mosquitofish with least chub for mosquito control purposes; however,
this has not yet been completed.
Despite efforts to monitor and remove mosquitofish, this nonnative
species continues to be a predation threat (as well as a competitor;
see Factor E) to the least chub. At some sites, such as Mona Springs,
the threat is large enough that extirpation of least chub populations
is possible. On the basis of our evaluation of the information
presented in the petition, we find that the petition presents
substantial information indicating that listing the least chub as a
threatened or endangered species may be warranted due to the presence
and potential spread of nonnative predatory species in least chub
habitats.
D. Inadequacy of Existing Regulatory Mechanisms
The petition reviews the legal authorities of each Federal agency
relative to providing protection for the least chub, including the
Service, BLM, and U.S. Army Corps of Engineers (Corps). The petitioners
indicate that State, Tribal, and local programs are inadequate
substitutes for Federal protection under the Act (Center for Biological
Diversity v. Gale Norton, CV 01-409 TUC DCB, Jan. 13, 2003; Doremus and
Page 2001, p. 1266). They acknowledge other agencies that contribute to
the LCCAS, but have no regulatory authority, including BOR, URMCC, and
the Central Utah Water Conservancy District.
The petition indicates that the Service has no specific authority
to take actions for recovery of least chub. Consideration or
implementation of Service recommendations is discretionary. The
petition states that management of least chub habitat on BLM lands is
likely inadequate to prevent further decline of the species in Snake
Valley because, regardless of the Federal Land Policy and Management
Act (43 U.S.C. 1701 et seq.) and the National Environmental Policy Act
(42 U.S.C. 4231 et seq.), impacts continue to occur to least chub
sites. The Corps administers issuance of dredge and fill permits under
section 404 of the Clean Water Act (33 U.S.C. 1251 et seq.). These
permits regulate a wide variety of activities in streams and wetlands
in both the historic and extant range of least chub. Under the
regulations and policies governing implementation of this program,
there is substantial latitude for allowing destruction and degradation
of stream
[[Page 61013]]
habitats, including those that could potentially support least chub.
The least chub is currently classified in the State of Utah as a
Tier 1 Sensitive Species, a status that includes federally listed
species and species for which a Conservation Agreement has been
completed and implemented (UDWR 2005, pp. 5-3).
The petitioners review the extensive efforts of UDWR, as a result
of the LCCAS, to implement conservation measures for the least chub.
They compare proposed measures in the LCCAS to completed conservation
measures of habitat enhancement and protection, restoration of
hydrologic conditions, nonnative control, range expansion, monitoring,
mitigation, regulation, and information and education programs. The
petitioners acknowledge progress made in all categories, but conclude
that it is not adequate; despite the extensive efforts and new
information on the species, the status of the least chub has not
substantially improved since it was determined warranted for listing in
1995.
Although the least chub does not have protection under the Act,
conservation provisions have been accomplished. The Service is
represented on the LCCAS Technical Team, and we evaluate the progress
of actions to protect the species. BLM also participates on the LCCAS
Technical Team and assists in on-the-ground projects, such as fencing
and habitat restoration, and has attached conservation measures to
leases in areas of occupied least chub habitats.
UDWR, through coordinated efforts by the Least Chub Conservation
Team, has implemented site-specific habitat enhancement and restoration
projects that include land acquisition, conservation easements,
landowner agreements, bank stabilization, nonnative vegetation removal,
fencing to exclude livestock, dredging, and water line repairs (Hines
et al. 2008, pp. 22-24). Hydrologic conditions of extant least chub
population habitats in Snake Valley have been protected by the UDWR.
For example, in 2007, UDWR purchased water rights in Foote Reservoir to
maintain water levels at Bishop and Twin Springs (Hines et al. 2008, p.
23).
Efforts also have been made to protect and increase the long-term
viability of least chub populations. Portions of five of the six wild
least chub populations (Bishop Springs, Mills Valley, Mona Springs,
Clear Lake, and Leland Harris) have been relocated to new sites to
provide genetic refuge (Hines et al. 2008, p. 20). In addition, two
fish hatcheries harbor brood stock for use in ongoing relocation
efforts and four display/educational populations exist.
To date, BLM has demonstrated support for least chub conservation
by requiring lease stipulations that avoid drilling in least chub
habitats. UDWR has completed conservation measures within existing
regulatory frameworks, such as acquiring water rights, purchasing land,
and implementing habitat restoration. Mosquito Abatement Districts are
now incorporating least chub conservation needs into mosquito control
programs by removing mosquitofish as the primary control mechanism and
cooperating in research efforts.
Despite extensive efforts, regulatory mechanisms have not been able
to ameliorate the threat from nonnative species, and State water
regulations are not specific enough to ensure long-term viability of
the least chub. We conclude that the petition presents substantial
information to indicate that listing least chub as a threatened or
endangered species may be warranted due to inadequacy of existing
regulatory mechanisms.
E. Other Natural or Manmade Factors Affecting Its Continued Existence
The petitioners state that other natural and manmade threats to the
species include: (1) Competition from nonnative species; (2)
hybridization; (3) mosquito abatement programs; (4) stochastic
disturbance and population isolation; (5) drought and climate change;
and (6) cumulative effects.
Competition from Nonnative Species
The petitioners indicate that nonnative fishes, including
mosquitofish, rainwater killifish (Lucania parva), and plains killifish
(Fundulus zebrinis), have been released into least chub habitats. These
species have similar diets to the least chub and are considered
competitors.
Nonnative fishes exist in least chub habitats. Mosquitofish, in
addition to being a predator on least chub eggs and young, are a
significant competitor to adult least chub for food sources. Population
declines at Mona Springs and Lucin Pond have been directly attributed
to the presence of mosquitofish (Hines et al. 2008, p. 34; Thompson
2005, p. 4). See Factor C (predation) for a discussion of the efforts,
mostly unsuccessful, to remove and prevent reinvasion of nonnative fish
in least chub habitats. We find that the petition presents substantial
information to indicate that listing least chub as a threatened or
endangered species may be warranted due to competition from nonnative
fish.
Hybridization
The petition notes that hybridization may occur in compromised
habitats. Hybrid introgression of least chub with Utah chub (Gila
atraria), and with speckled dace (Rhinichthys osculus), has been
reported (Miller and Behnke 1985, pp. 509-515). In complex habitats,
reproductive isolating mechanisms can be eliminated as a result of
habitat alteration and degradation; overlaps of reproductive niches and
breakdowns of behavior due to overcrowding then occur (Crawford 1979,
p. 74; Lamarra 1981, p. 7). Least chub hybrids have been reported from
springs near Callao, Utah, where least chub once existed (Miller and
Behnke 1985, p. 510).
Recent molecular diversity studies on existing least chub
populations indicate that currently no evidence of hybridization
between least chub and Utah chub exists, and suggest that previous
hybridization reports may have been due to a misidentification of
specimens (Mock and Miller 2003, p. 10). The information provided by
the petitioners does not present substantial information to indicate
that listing the least chub may be warranted due to hybridization.
Mosquito Abatement Programs
The petition indicates that, although BLM has rejected Juab
County's request for implementing a mosquito control spraying program
on BLM administered lands, the spraying may still occur on private
lands. The least chub may be affected because mosquito larvae are a
major food item in the least chub diet.
Least chub have been shown to be opportunistic feeders and use
available food items, including algae, diatomaceous material, midges,
copepods, and ostracods (Sigler and Sigler 1987, p. 92; Hickman 1989,
p. 8) depending on seasons and habitats (Crist and Holden 1980, p. 808;
Lamarra 1981, p. 5). As previously stated, an MOU between UDWR and
Mosquito Abatement Districts was finalized in order to reduce the
spread of mosquitofish in Utah. In 2008, UDWR and the Mosquito
Abatement Districts of Salt Lake and Davis Counties will conduct
studies to determine the effectiveness of replacing mosquitofish with
least chub for mosquito control purposes; however, studies have not
been completed. The petitioners conclude that effects of a mosquito
control program on least chub are unknown. The petitioners do not
present substantial information to indicate that listing the least chub
may
[[Page 61014]]
be warranted due to effects from mosquito abatement programs.
Stochastic Disturbance and Population Isolation
The petition presents information relative to the limited
distribution and isolation of remaining least chub populations. The
petitioners cite literature on the risks to small, isolated
populations, including environmental and demographic stochasticity
(Lande 1993, pp. 911-917).
Least chub populations are isolated, both naturally and as the
result of human impacts. Habitat connectivity is absent among the three
Wasatch Front populations as a result of past urban development. West
Desert populations are similarly disconnected except in years of
exceptionally high water. However, the LCCT team has been successful in
protecting the remaining occupied sites. Translocation efforts have
established five new sites in natural habitats (Hines et al. 2008, p.
20). In addition, results of genetic studies indicate that ongoing
translocation efforts have been successful in maintaining genetic
diversity (Mock and Miller 2005, pp. 273-277). Therefore, although
small, isolated populations will remain a conservation challenge, we
find that the petitioners have not presented substantial information to
indicate that listing the least chub may be warranted due to effects
from stochastic disturbance and population isolation.
Drought and Climate Change
The petition indicates that a prolonged drought has occurred in
Utah and some least chub habitats, particularly the Gandy Salt Marsh
complex, may have been compromised. The petition cites the effects of
climate change on biodiversity (IPCC 2001, pp. 5, 16; Davenport et al.
1998, pp. 229-238), and the combined effects of drought to least chub
populations and habitats in Utah. The petitioners state that climate
change, specifically increased global temperatures, may be a more
serious long-term threat to least chub than drought. They indicate that
the effects of increased global temperatures include decreased duration
and depth of winter snowfall (IPCC 2001, pp. 6, 9); earlier spring
runoff and decreased water availability; decreased productivity and
cover of herbaceous vegetation, resulting in increased soil erosion;
and unprecedented rates of vegetation shifts due to die off, especially
along boundaries of semi-arid ecosystems (Davenport et al. 1998, p.
231). These changes may pose threats to native aquatic species as the
quality and quantity of aquatic, riparian, and mesic upland ecosystems
decline with decreased water availability.
The petitioners present no direct link between climate change and
the least chub, and we have no information in our files to substantiate
their claims. Therefore, we find that the petitioners have not
presented substantial information to indicate that listing the least
chub may be warranted due to effects from climate change.
Drought has been documented periodically within the range of the
least chub, and is likely currently affecting the species. However, the
species has continued to exist despite periods of natural drought, and
on its own, this is not considered a significant threat to the species.
During periods of drought, farmers and ranchers rely more heavily on
water sources for irrigation purposes, and this factor combined with
drought has likely led to the loss of several springs in the Snake
Valley. However, it is currently not possible to separate drought from
water withdrawals in order to analyze it as a threat to the least chub.
Therefore, we find that the petitioners have not presented substantial
information to indicate that listing the least chub may be warranted
due to effects from drought.
Cumulative Effects
The petitioners indicate that many possible combinations of effects
could cumulatively impact least chub populations. They discuss possible
combined effects of climate change, drought, and aquifer depletions on
the least chub and its habitats.
We cannot predict the cumulative effects of climate change and
drought on least chub at this time. In addition, because the effects of
proposed groundwater withdrawals have not been determined, it is
difficult to predict how the combination of those effects with
potential climate change and drought would affect the least chub.
Effects will be determined to some extent possibly by modeling efforts,
and by the results of implementation and monitoring of future
groundwater withdrawals. While potential combinations of negative
impacts are a concern for the least chub, we find that the petitioners
have not presented substantial information to indicate that listing the
least chub may be warranted due to the cumulative effects of climate
change, drought, and aquifer depletions.
Finding
We reviewed the petition, supporting information provided by the
petitioners, and information in our files and evaluated that
information to determine whether the sources cited support the claims
made in the petition. We find the petitioners presented substantial
information under Factor A (Present or threatened destruction,
modification, or curtailment of habitat or range) indicating that
listing the least chub as threatened or endangered under the Act may be
warranted due to water withdrawals and diversions. While uncertainty
exists on the magnitude of effects to the least chub from proposed
groundwater pumping, concern regarding the six extant, wild populations
is sufficient to warrant further analysis.
We find that the petitioners presented substantial information
under Factors C (Disease or Predation) and E (Other Natural or Manmade
Factors Affecting the Species' Continued Existence) indicating that
listing the least chub as threatened or endangered under the Act may be
warranted due to the continuing threat of nonnative species,
particularly mosquitofish, for which there is no known means of
control. Several significant efforts have been made to remove
mosquitofish from least chub habitats, without success. The wild least
chub population at Mona Springs may be extirpated due to mosquitofish.
Of the six natural populations, five have nonnative species present and
of five refuge sites, two currently have mosquitofish present.
We find that the petitioners presented substantial information
under Factor D (Inadequacy of Existing Regulatory Mechanisms)
indicating that listing the least chub as threatened or endangered
under the Act may be warranted due to inadequacy of existing
regulations. Regulatory mechanisms may not be adequate to ameliorate
the threat from nonnative species, and State water regulations are not
specific enough to ensure long-term viability of the least chub.
Based on our consideration of the information provided in the
petition, and in accordance with recent applicable court decisions
pertaining to 90-day findings, we find that the petition presents
substantial scientific information indicating that listing the least
chub may be warranted. Our process for making this 90-day finding under
section 4(b)(3)(A) of the Act is limited to a determination of whether
the information in the petition presents ``substantial scientific and
commercial information,'' which is interpreted in our regulations as
``that amount of information that would lead a reasonable person to
believe that the measure proposed in the petition may be warranted''
(50 CFR 424.14(b)).
[[Page 61015]]
Therefore, we are initiating a status review to determine if listing
the species is warranted. To ensure that the status review is
comprehensive, we are soliciting scientific and commercial information
regarding the least chub.
It is important to note that the ``substantial information''
standard for a 90-day finding is in contrast to the Act's ``best
scientific and commercial data'' standard that applies to a 12-month
finding as to whether a petitioned action is warranted. A 90-day
finding is not a status assessment of the species and does not
constitute a status review under the Act. Our final determination as to
whether a petitioned action is warranted is not made until we have
completed a thorough status review of the species, which is conducted
following a positive 90-day finding. Because the Act's standards for
90-day and 12-month findings are different, as described above, a
positive 90-day finding does not mean that the 12-month finding also
will be positive.
We encourage interested parties to continue gathering data that
will assist with the conservation and monitoring of the least chub. The
petitioners requested that critical habitat be designated for this
species. If we determine in our 12-month finding that listing the least
chub is warranted, we will address the designation of critical habitat
at the time of the proposed rulemaking.
References Cited
A complete list of all references cited in this document is
available upon request from the Utah Ecological Services Field Office
(see the FOR FURTHER INFORMATION CONTACT section).
Author
The primary authors of this document are staff of the Utah
Ecological Services Field Office (see the FOR FURTHER INFORMATION
CONTACT section).
Authority
The authority for this action is section 4 of the Endangered
Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).
Dated: October 7, 2008.
Paul R. Schmidt,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. E8-24467 Filed 10-14-08; 8:45 am]
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