Endangered and Threatened Wildlife and Plants; 6-Month Extension of Final Determination for the Proposed Listing of the Zuni Bluehead Sucker as an Endangered Species, 1615-1619 [2014-00164]
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Federal Register / Vol. 79, No. 6 / Thursday, January 9, 2014 / Proposed Rules
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R2–ES–2012–0101;
4500030113]
RIN 1018–AY25
Endangered and Threatened Wildlife
and Plants; 6-Month Extension of Final
Determination for the Proposed Listing
of the Zuni Bluehead Sucker as an
Endangered Species
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule; reopening of
comment period.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), announce a
6-month extension of the deadline for a
final determination concerning the
listing of the Zuni bluehead sucker
(Catostomus discobolus yarrowi) as an
endangered species. We also reopen the
comment period on the proposed rule to
list this species as an endangered
species. We are taking this action
because there is substantial
disagreement regarding the sufficiency
or accuracy of the available data
relevant to our determination regarding
the proposed listing rule, making it
necessary to solicit additional
information by reopening the comment
period for 30 days.
DATES: The comment period end date is
February 10, 2014. If you comment
using the Federal eRulemaking Portal
(see ADDRESSES), you must submit your
comment by 11:59 p.m. Eastern Time on
the closing date.
ADDRESSES: You may submit written
comments by one of the following
methods:
(1) Electronically: Go to the Federal
eRulemaking Portal: https://
www.regulations.gov. In the Search box,
enter FWS–R2–ES–2012–0101, which is
the docket number for the proposed rule
to list the Zuni bluehead sucker as
endangered. Then, in the Search panel
on the left side of the screen, under the
Document Type heading, check on the
Proposed Rules link to located the
proposed rule. You may submit a
comment by clicking on ‘‘Comment
Now!’’
(2) By hard copy: Submit by U.S. mail
or hand-delivery to: Public Comments
Processing, Attn: FWS–R2–ES–2012–
0101; Division of Policy and Directives
Management; U.S. Fish and Wildlife
Service; 4401 N. Fairfax Drive, MS
2042–PDM; Arlington, VA 22203.
We request that you send comments
only by the methods described above.
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We will post all comments on https://
www.regulations.gov. This generally
means that we will post any personal
information you provide us (see the
Public Comments section below for
more information).
FOR FURTHER INFORMATION CONTACT:
Wally ‘‘J’’ Murphy, Field Supervisor,
U.S. Fish and Wildlife Service, New
Mexico Ecological Services Field Office,
2105 Osuna NE., Albuquerque, NM
87113; by telephone 505–346–2525; or
by facsimile 505–346–2542. Persons
who use a telecommunications device
for the deaf (TDD) may call the Federal
Information Relay Service (FIRS) at
800–877–8339.
SUPPLEMENTARY INFORMATION:
Background
The Zuni bluehead sucker is a small
fish that is believed to be endemic to
streams in east-central Arizona and
west-central New Mexico. On January
25, 2013, we published in the Federal
Register a proposed rule (78 FR 5369) to
list the Zuni bluehead sucker
(Catostomus discobolus yarrowi) as an
endangered species under the
Endangered Species Act of 1973, as
amended (Act; 16 U.S.C. 1531 et seq.),
because we found the subspecies in
danger of extinction. On the same date,
we also published in the Federal
Register a proposed rule to designate
critical habitat for the Zuni bluehead
sucker (78 FR 5351; January 25, 2013).
Identified threats to the subspecies
included water withdrawals,
sedimentation, impoundments, housing
development, and predation by
nonnative green sunfish (Lepomis
cyanellus). We believe the range of the
subspecies has already been reduced by
approximately 90 percent in New
Mexico, but we do not know the extent
of potential range reduction in Arizona.
Low water levels from drought and
water withdrawals in remaining
occupied streams have reduced the
available habitat for the subspecies. The
proposed listing rule had a 60-day
comment period, ending March 26,
2013. For a description of previous
Federal actions concerning the Zuni
bluehead sucker, please refer to the
proposed listing rule (78 FR 5369;
January 25, 2013). Since the publication
of the proposed rules, we have found
substantial scientific disagreement
about the status of the Zuni bluehead
sucker as explained below, and we are
therefore reopening the comment period
for the proposed listing rule and
extending the schedule for the final
determination for 6 months in order to
solicit and analyze information that will
help to clarify these issues.
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Section 4(b)(6) of the Act and its
implementing regulations at 50 CFR
424.17(a) require that we take one of
three actions within 1 year of a
proposed listing: (1) Finalize the
proposed listing; (2) withdraw the
proposed listing; or (3) extend the final
determination by not more than 6
months, if there is substantial
disagreement regarding the sufficiency
or accuracy of the available data
relevant to the determination. Our
review of the information described
below suggests there is substantial
disagreement regarding the taxonomic
status of some populations that we
considered Zuni bluehead sucker in the
proposed rule. The following discussion
describes these disagreements.
In the proposed listing rule, we
reported that the Zuni bluehead sucker
has been documented in three discrete
watersheds—the Zuni River watershed
in New Mexico, the Little Colorado
River watershed in Arizona, and the San
Juan River watershed at the borders of
New Mexico and Arizona. However, the
taxonomy of the occurrences of the
subspecies outside of the Zuni River
watershed has been disputed and
remains in question. In the Zuni River
watershed of New Mexico, the
subspecies is believed to be restricted to
three isolated populations in the upper
Rio Nutria drainage (Carman 2008, pp.
2–3). Streams in the upper Rio Nutria
drainage of the Zuni River watershed
include the Rio Nutria, Cebolla Creek,
and Rio Pescado, in addition to
Tampico Spring and Agua Remora
Springs, which are headwater springs to
Rio Nutria. In eastern Arizona, there is
evidence that the subspecies occurs in
low numbers in the Kinlichee Creek
area of the Little Colorado River
watershed and Canyon de Chelly area of
the San Juan River watershed (Hobbes
2000, pp. 9–16; Albert 2001, pp. 10–14;
David 2006, p. 35). Both the Kinlichee
Creek and Canyon de Chelly areas occur
on the Navajo Nation. Streams in the
Kinlichee Creek area include Red Clay
Wash, Black Soil Springs, Scattered
Willow Wash, and Kinlichee Creek
itself. Streams in the Canyon de Chelly
area include Tsaile Creek, Sonsela
Creek, Crystal Creek, Coyote Wash,
Whiskey Creek, and Wheatfields Creek.
These streams originate along the
western slope of the Chuska Mountains
in New Mexico, flow through Arizona,
and eventually flow into the San Juan
River. It is the taxonomic status of these
populations in the Kinlichee Creek area
of the Little Colorado River watershed
and the Canyon de Chelly areas in the
San Juan River watershed that is in
question. A map for geographical
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reference is available for review on the
New Mexico Ecological Services Field
Office Web site at https://www.fws.gov/
southwest/es/NewMexico/.
During the public comment period on
the proposed listing rule, we received
multiple comments regarding our
interpretation of scientific literature
related to the genetics of the Zuni
bluehead sucker. Commenters were
particularly concerned with whether or
not populations on the Navajo Nation,
which include the Kinlichee Creek area
of the Little Colorado River watershed
and the Canyon de Chelly area of the
San Juan River watershed, that were
recognized in the proposed rule as Zuni
bluehead suckers are appropriately
classified as such rather than a different
subspecies of the bluehead sucker (see
Taxonomy and Genetics section, below).
In addition, since the closing of the
comment period, we have received
additional information and genetic
analyses of the bluehead sucker
populations found on lands of the
Navajo Nation, including both the
Kinlichee Creek area and the Canyon de
Chelly area (Unmack et al. 2012, entire;
Hopken et al. 2013, entire; Douglas et al.
2013, entire). In particular, both the
Hopken et al. (2013) and Douglas et al.
(2013) reports find that the populations
on the Navajo Nation should not be
categorized as Zuni bluehead sucker,
thereby contradicting the information
we presented in the proposed rule. This
new information and data, along with
input we received during the comment
period, have led to substantial scientific
disagreement about the status of these
populations as explained in more detail
below.
In conclusion, section 4(b)(6) of the
Act allows the Service to extend the
final determination by not more than 6
months, if there is substantial
disagreement regarding the sufficiency
or accuracy of the available data
relevant to the determination. In light of
the substantial disagreement regarding
the taxonomic status of some
populations that we considered Zuni
bluehead sucker in the proposed listing
rule, we are reopening the comment
period for the proposed listing rule and
extending the schedule for the final
determination for 6 months in order to
solicit and analyze information that will
help to clarify these issues. We will
make a final determination no later than
July 25, 2014.
Taxonomy and Genetics
Although there is disagreement
regarding where the Zuni bluehead
sucker occurs, our review of the
available information has concluded
that the Zuni bluehead sucker is a valid
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subspecies. It is believed that the first
specimen of the Zuni bluehead sucker
was collected from the Zuni River near
Zuni Pueblo in McKinley County, New
Mexico, in 1873 (Cope 1874, p. 138).
The next collection was made in 1926,
from the Zuni River, near Zuni Pueblo
(Propst et al. 2001, p. 159). It was not
subsequently collected in New Mexico
until W.J. Koster (University of New
Mexico, Museum of Southwestern
Biology) collected the species in the Rio
Pescado in 1948, and in the Rio Nutria
in 1960 (Propst 1999, p. 49; Propst et al.
2001, p. 159).
The Zuni bluehead sucker subspecies
is believed to have originated as a
hybrid of the Rio Grande sucker
(Catostomus plebeius) and the bluehead
sucker (C. discobolus) from the Little
Colorado River. Historically, the
bluehead sucker occurred in streams
and rivers in Idaho, Wyoming,
Colorado, Arizona, and New Mexico.
Gerald R. Smith (University of
Michigan) was the first person to
provide evidence for the hybrid origin
of the Zuni bluehead sucker (Smith
1966, pp. 87–90). Smith (1966, pp. 87–
90) and Smith et al. (1983, pp. 37–38)
hypothesized that the subspecies
resulted from a prehistoric geological
event in which two species of sucker
that were formerly geographically
separated came into contact with one
another in the late Pleistocene (which
occurred more than 11,700 years ago)
and exchanged genes through
hybridization over some time. Since
collections of Zuni bluehead suckers
occurred as early as 1873, Smith (1966,
p. 88) discounted that the origin of the
subspecies could be a product of human
translocation and, instead, proposed
that a stream capture occurred causing
the two suckers to come into contact. A
stream capture is a geomorphological
phenomenon occurring when a river
drainage system or watershed is
diverted from its own bed and flows
instead down the bed of a neighboring
stream. During this particular stream
capture, part of the headwaters of San
Jose Creek (a Rio Puerco—Rio Grande
tributary where Rio Grande sucker
occurred) were brought into the
headwaters of the Zuni River (a Little
Colorado River tributary where
bluehead sucker occurred); this caused
Rio Grande suckers from San Jose Creek
to intermingle with resident bluehead
suckers in the Zuni River (Smith et al.
1983, p. 45). Unmack et al. (2012, p. 29)
estimated that the introgression (gene
flow from one species into the gene pool
of another species) between the Rio
Grande sucker and bluehead sucker
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occurred about 1.1 million years ago
based on aging fossils.
In 1983, Smith et al. (entire) formally
designated Zuni bluehead sucker as a
subspecies. Based on a review of
morphological (pertaining to the
physical form and structure of the fish),
meristic (quantitative features of fish,
such as fins or scales), and biochemical
genetic data, Smith et al. (1983, pp. 1,
45–47) determined that that the Zuni
bluehead sucker subspecies is an
intermediate between Rio Grande sucker
and bluehead sucker, with the Rio
Nutria population (Zuni River
watershed) characters (characters are
attributes or features that distinguish a
subspecies, such as coloration) more
like Rio Grande sucker and Kinlichee
Creek (Little Colorado River watershed)
characters more like bluehead sucker.
Based on morphology, they assigned
fish samples in Kinlichee Creek (Little
Colorado River watershed) as Zuni
bluehead suckers and Whiskey Creek
fish samples (in the Canyon de Chelly
area of the San Juan River watershed) as
bluehead suckers. However, Smith et al.
(1983, p. 46) could not genetically
differentiate Kinlichee Creek samples
from Whiskey Creek fish samples. In
other words, based on genetics, fish
from Kinlichee Creek (Little Colorado
River watershed) and Whiskey Creek (in
the Canyon de Chelly area of the San
Juan River watershed) are the same.
Further study by Crabtree and Buth
(1987, p. 843) replicated and expanded
upon the Smith et al. (1983, entire)
genetic analysis and reevaluated their
data and interpretation. This study
provided supporting evidence
confirming assignment of populations in
the Zuni River headwater streams as the
Zuni bluehead sucker subspecies based
on the presence of unique alleles at
several loci (loci are specific locations of
a gene or DNA sequence on a
chromosome). However, they
recognized that Smith et al. (1983, pp.
42, 46) attributed a broader geographical
range to the Zuni bluehead sucker. The
genetic analysis by Crabtree and Buth
(1987, p. 852) did not support the
geographical range identified by Smith
et al. (1983, pp. 42, 46). Crabtree and
Buth (1987, pp. 851–852) suggested that
the genetic interaction between the Rio
Grande sucker and bluehead sucker is
limited to the upper Rio Nutria
populations in the Zuni River
watershed. Thus, the findings of
Crabtree and Buth (1987, entire) suggest
that the Zuni bluehead sucker
subspecies occurs only in the Zuni
River watershed of New Mexico.
Our analysis of morphological and
genetic information supports the
recognition of the Zuni bluehead sucker
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as being distinct from both the Rio
Grande sucker and the bluehead sucker
(Smith 1966, pp. 87–90; Smith et al.
1983, pp. 37–38; Crabtree and Buth
1987, p. 843; Propst 1999, p. 49). Based
on our review of the best available
scientific and commercial data, we
concluded in the proposed listing rule
that the Zuni bluehead sucker is a valid
subspecies.
Although the Zuni bluehead sucker is
a valid taxon, there is substantial
disagreement as to which populations of
the fish should be assigned to the Zuni
bluehead sucker subspecies based on
various interpretations of the
morphological and genetic analyses. In
the discussion below, we review the
results of three recent studies related to
the evolutionary relationships of the
populations we have considered to be
Zuni bluehead sucker.
In 2012, Thomas Dowling (a geneticist
at Arizona State University) presented
the Schwemm and Dowling (2008,
entire) data that some bluehead sucker
found in the Kinlichee Creek area of the
Little Colorado River watershed and the
Canyon de Chelly area of the San Juan
River watershed also contain Rio
Grande sucker alleles, suggesting that
these fish may be the result of the
introgression between Rio Grande
sucker and bluehead sucker described
above (Service 2012, entire). Schwemm
and Dowling (2008, entire) investigated
the extent of introgression of Rio Grande
sucker within bluehead sucker within
the Little Colorado River drainage
(Kinlichee Creek area and Zuni River
watershed area) and San Juan River
drainage (Canyon de Chelly area)
through analysis of both mitochondrial
and nuclear DNA sequences. The
mitochondrial DNA analysis identified
three distinct lineages (ancestry) and
one distinct sublineage: (1) Mainstem
Colorado River/San Juan River bluehead
sucker lineage; (2) Canyon de Chelly
bluehead sucker sublineage (in San Juan
River watershed); (3) Little Colorado
River bluehead sucker lineage; and (4)
Rio Grande sucker lineage. The Rio
Grande sucker lineage was found in
only one upper Little Colorado River
population: the Rio Nutria of the Zuni
River watershed in New Mexico.
However, the nuclear DNA not only
identified Rio Grande sucker alleles in
the Rio Nutria in New Mexico
(consistent with mitochondrial DNA
analysis), but also identified Rio Grande
sucker alleles in bluehead sucker
populations in Black Soil Springs and in
Kinlichee Creek as it flows through Bear
Canyon (both populations are in the
Kinlichee Creek area of the Little
Colorado River watershed), and in
Wheatfields Creek (in the Canyon de
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Chelly area of the San Juan River
watershed). Therefore, the nuclear DNA
analysis presented by Dowling in 2012
suggests that, based on the presence of
Rio Grande sucker alleles (via nuclear
DNA), the Zuni bluehead sucker
subspecies occurs in certain streams of
all three watersheds: the Zuni River
watershed, the Little Colorado River
watershed, and the San Juan River
watershed.
Unmack et al. (2012, p. 20) assigned
Zuni bluehead sucker to a complex
(group of related species) of ancient
Arizona and New Mexico lineages that
share molecular, meristic, and
osteological (osteology is the study of
bone structure and function)
characteristics of bluehead sucker and
Rio Grande sucker. Their study
included populations found in the
headwaters of the San Juan and Little
Colorado Rivers (including the Zuni
River headwaters) in northeastern
Arizona. This assignment was based on
the information provided above (Smith
1966, entire; Smith et al. 1983, entire;
Crabtree and Buth 1987, entire;
Schwemm and Dowling 2008, entire).
Their assignment suggests that the Zuni
bluehead sucker subspecies originated
from three separate but adjacent
drainages (San Juan River, Little
Colorado River, and the Rio Grande) in
the Pleistocene via multiple stream
captures. Therefore, the Zuni bluehead
sucker subspecies is not restricted to the
headwaters of the Zuni River watershed,
but includes others areas in the Little
Colorado River (Kinlichee Creek area)
and San Juan River drainages (Canyon
de Chelly area).
Hopken et al. (2013, entire) published
a paper after the publication of the
proposed listing rule that evaluates
bluehead suckers rangewide using both
mitochondrial and nuclear DNA to infer
evolutionarily significant units and
management units. These researchers
looked at 39 sampling locations;
however, only 2 (Canyon de Chelly in
the San Juan River watershed and Agua
Remora in the Zuni River watershed)
were relevant to the Zuni bluehead
sucker. The mitochondrial DNA only
detected bluehead sucker haplotypes
(combination of alleles at adjacent
locations on a chromosome) in Canyon
de Chelly (San Juan River watershed in
Arizona) and Agua Remora (Zuni River
watershed in New Mexico). Results are
consistent with the Schwemm and
Dowling (2008, pp. 7–10) mitochondrial
DNA analysis of the fish in the
Kinlichee Creek area of the Little
Colorado River watershed and the
Canyon de Chelly area of the San Juan
River watershed, both of which are
located within the Navajo Nation.
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Similar results were concluded for both
Agua Remora and Tampico Springs in
the Zuni River watershed of New
Mexico (Turner and Wilson 2009, p. 8).
Conversely, the nuclear DNA (via
microsatellites) analyses by both
Schwemm and Dowling (2008, entire)
and Turner and Wilson (2009, p. 8)
found alleles related to both bluehead
and Rio Grande suckers, albeit in low
frequency for Agua Remora and
Tampico Springs in the Zuni River
watershed of New Mexico. Note that
these results were based on one specific
microsatellite, whereas the Hopken
et al. (2013, entire) nuclear DNA test
analyzed 16 different microsatellites to
identify levels of introgression with
other species of suckers known to
hybridize with bluehead suckers (e.g.,
Rio Grande sucker) and tested
distinctiveness of the bluehead sucker
across several drainages. Hopken et al.
(2013, p. 966) did not find fish in the
Canyon de Chelly area of the San Juan
River watershed or in Agua Remora of
the Zuni River watershed to be
introgressed and, therefore, concluded
that fish from both sampling locations
belonged to the bluehead sucker species
of the Colorado River rather than the
Zuni bluehead sucker subspecies.
Canyon de Chelly in the Little Colorado
River watershed and Agua Remora in
the Zuni River watershed were both
identified to have distinct gene pools
from one another and other bluehead
suckers (Hopken et al. 2013, p. 966). In
other words, the Hopken et al. (2013,
entire) paper indicates that the
populations in the Little Colorado River
watershed and Zuni River watershed are
geographically isolated and reflect low
gene flow. These results are in
disagreement with the results of the
nuclear DNA analysis provided by
Dowling in his 2012 presentation of the
Schwemm and Dowling (2008, entire)
report.
Despite their analysis of the Canyon
de Chelly populations (San Juan River
watershed) of bluehead suckers, Hopken
et al. (2013, entire) did not analyze the
Kinlichee Creek populations within the
Little Colorado River watershed in
Arizona. In cooperation with the Navajo
Nation, the Service collected additional
genetic tissue samples for analysis in
2013. Douglas et al. (2013, entire) used
these additional genetic tissue samples
to expand upon the Hopken et al. (2013,
entire) paper results, applying the same
methods. The results of the
mitochondrial DNA analysis by Douglas
et al. (2013, pp. 19–20) were very
similar to Hopken et al. (2013) for
samples within the Navajo Nation
(Kinlichee Creek area of the Little
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Colorado River watershed and Canyon
de Chelly area of the San Juan River
watershed), except a third bluehead
sucker haplotype was identified and the
Rio Grande sucker haplotype was
present in Rio Nutria in the Zuni River
watershed in New Mexico. This is
consistent with Schwemm and Dowling
(2008, entire). As in Hopken et al. (2013,
p. 966), Douglas et al. (2013, pp. 15–16)
evaluated levels of introgression with
other species of suckers known to
hybridize with bluehead sucker (e.g.,
Rio Grande suckers) and tested for
distinctiveness between the Zuni River
watershed populations and populations
in the Little Colorado River watershed
and the San Juan River watershed, and
they compared the results with other
drainages of the Colorado River Basin
(Colorado River in the Grand Canyon
and Upper Colorado River areas in Utah,
Colorado, and Wyoming). No
introgression was detected with any
other suckers, except for samples from
Rio Nutria, which exhibited genotypes
of a mixed origin consistent with the
subspecies assignment. These results
suggest that the Zuni bluehead sucker is
restricted to the Zuni River watershed.
In addition to Hopken et al. (2013,
entire), Douglas et al. (2013, p. 16)
identified one more population of
bluehead suckers that constitutes a
unique gene pool (Kinlichee Creek in
the Little Colorado River watershed).
These combined results conclude that
bluehead suckers from the headwaters
of the Little Colorado River watershed
(Zuni River area where the Zuni
bluehead sucker recognized subspecies
occurs and Kinlichee Creek area) and
the San Juan River watershed (Canyon
de Chelly area) are distinct from each
other and any other bluehead suckers
within the species’ range.
Since the publication of the proposed
rule to list the Zuni bluehead sucker as
an endangered species (78 FR 5369;
January 25, 2013), there has been
substantial disagreement regarding
whether the bluehead suckers found
within the Kinlichee Creek area of the
Little Colorado River watershed and the
Canyon de Chelly area of the San Juan
River watershed are appropriately
characterized as Zuni bluehead suckers.
This has led to substantial disagreement
regarding the current range of the
subspecies in Arizona and New Mexico.
As illustrated by the above
discussion, the best available scientific
information is unclear as to which
populations of fish should be attributed
to the Zuni bluehead sucker subspecies.
Some studies support that Zuni
bluehead sucker subspecies occurs only
in the Rio Nutria within the Zuni River
watershed in New Mexico (Crabtree and
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Buth 1987,entire; Hopken et al. 2013,
entire; Douglas et al. 2013, entire),
whereas other studies support that Zuni
bluehead sucker is also found in the
Kinlichee Creek area of the Little
Colorado River watershed and the
Canyon de Chelly areas of the San Juan
River watershed (Smith et al. 1983,
entire; Schwemm and Dowling 2008,
entire; Unmack et. al. 2012, p. 20). All
of the literature discussed in this
document and a map for geographical
reference is available for review on the
New Mexico Ecological Services Field
Office Web site at https://www.fws.gov/
southwest/es/NewMexico/.
As discussed earlier, section 4(b)(6) of
the Act and its implementing
regulations at 50 CFR 424.17(a) require
that we take one of three actions within
1 year of a proposed listing: (1) Finalize
the proposed listing; (2) withdraw the
proposed listing; or (3) extend the final
determination by not more than 6
months, if there is substantial
disagreement regarding the sufficiency
or accuracy of the available data
relevant to the determination. Therefore,
in consideration of the substantial
disagreements surrounding the Zuni
bluehead sucker’s taxonomic status in
some locations, we are extending the
final determination for 6 months in
order to solicit and analyze additional
information that will help to clarify
these issues. Consequently, our final
determination on the critical habitat
designation for the Zuni bluehead
sucker will be also delayed until we
make a final listing determination for
this subspecies. Therefore, we will make
a final determination on the proposed
listing rule no later than July 25, 2014.
Public Comments
We will accept written comments and
information during this reopened
comment period on our proposed listing
for the Zuni bluehead sucker that was
published in the Federal Register on
January 25, 2013 (78 FR 5369). We will
consider information and
recommendations from all interested
parties. We intend that any final action
resulting from the proposals be as
accurate as possible and based on the
best available scientific and commercial
data.
In consideration of the disagreements
surrounding the data used to support
the proposed rulemaking, we are
extending the final determination for 6
months in order to solicit information
that will help to clarify these issues. In
addition to the information requested in
the proposed listing rule, we are
particularly interested in new
information and comments regarding:
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(1) The historical and current status
and distribution of the Zuni bluehead
sucker, its biology and ecology, specific
threats (or lack thereof) and regulations
that may be addressing those threats,
and ongoing conservation measures for
the subspecies and its habitat.
(2) Whether or not the populations in
the Kinlichee Creek area of the Little
Colorado River watershed and the
Canyon de Chelly area of the San Juan
River watershed should be considered
the Zuni bluehead sucker subspecies.
(3) Additional information relevant to
the genetic analysis of Zuni bluehead
sucker populations.
(4) Additional information relevant to
the morphology of Zuni bluehead
sucker populations.
(5) Information regarding genetic
disagreements related to other suckers
or similar species of fish that could be
used as a surrogate to better understand
the genetics of Zuni bluehead sucker
(6) An explanation for the apparent
discrepancy between nuclear DNA
analyses. We are seeking clarification to
explain the presence of Rio Grande
sucker alleles by using a singular
microsatellite marker (Schweem and
Dowling 2008) whereas 16 different
microsatellites did not detect any Rio
Grande sucker alleles (Douglas et al.
2013).
(7) An explanation for the overlap in
morphological characteristics in Smith
et al. (1983, entire) where he assigned
bluehead suckers in Kinlichee Creek
(the Little Colorado River watershed) as
Zuni bluehead sucker.
If you previously submitted
comments or information on the
proposed listing rule, please do not
resubmit them. We have incorporated
them into the public record, and we will
fully consider them in the preparation
of our final determination. Our final
determination concerning this proposed
listing will take into consideration all
written comments and any additional
information we receive.
You may submit your comments and
materials concerning the proposed rule
by one of the methods listed in
ADDRESSES. We request that you send
comments only by the methods
described in ADDRESSES.
If you submit a comment via https://
www.regulations.gov, your entire
comment—including any personal
identifying information—will be posted
on the Web site. We will post all
hardcopy comments on https://
www.regulations.gov as well. If you
submit a hardcopy comment that
includes personal identifying
information, you may request at the top
of your document that we withhold this
information from public review.
E:\FR\FM\09JAP1.SGM
09JAP1
Federal Register / Vol. 79, No. 6 / Thursday, January 9, 2014 / Proposed Rules
PMANGRUM on DSK3VPTVN1PROD with PROPOSALS-1
However, we cannot guarantee that we
will be able to do so.
Comments and materials we receive,
as well as supporting documentation we
used in preparing the proposed rule,
will be available for public inspection
on https://www.regulations.gov at Docket
No. FWS–R2–ES–2012–0101, or by
appointment, during normal business
hours, at the U.S. Fish and Wildlife
Service, New Mexico Ecological
Services Field Office (see FOR FURTHER
INFORMATION CONTACT). You may obtain
VerDate Mar<15>2010
12:33 Jan 08, 2014
Jkt 232001
copies of the proposed rule on the
Internet at https://www.regulations.gov at
Docket No. FWS–R2–ES–2012–0101, or
by mail from the New Mexico Ecological
Services Field Office (see FOR FURTHER
INFORMATION CONTACT).
References Cited
A complete list of references cited and
a geographical reference map in this
rulemaking is available on the Internet
at https://www.regulations.gov and
https://www.fws.gov/southwest/es/
NewMexico/ and upon request from the
PO 00000
Frm 00013
Fmt 4702
Sfmt 9990
1619
New Mexico Ecological Services Field
Office (see FOR FURTHER INFORMATION
CONTACT).
Authority
The authority for this action is the
Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.).
Dated: December 30, 2013.
Stephen Guertin,
Acting Director, Fish and Wildlife Service.
[FR Doc. 2014–00164 Filed 1–8–14; 8:45 am]
BILLING CODE 4310–55–P
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Agencies
[Federal Register Volume 79, Number 6 (Thursday, January 9, 2014)]
[Proposed Rules]
[Pages 1615-1619]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-00164]
[[Page 1615]]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R2-ES-2012-0101; 4500030113]
RIN 1018-AY25
Endangered and Threatened Wildlife and Plants; 6-Month Extension
of Final Determination for the Proposed Listing of the Zuni Bluehead
Sucker as an Endangered Species
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; reopening of comment period.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a
6-month extension of the deadline for a final determination concerning
the listing of the Zuni bluehead sucker (Catostomus discobolus yarrowi)
as an endangered species. We also reopen the comment period on the
proposed rule to list this species as an endangered species. We are
taking this action because there is substantial disagreement regarding
the sufficiency or accuracy of the available data relevant to our
determination regarding the proposed listing rule, making it necessary
to solicit additional information by reopening the comment period for
30 days.
DATES: The comment period end date is February 10, 2014. If you comment
using the Federal eRulemaking Portal (see ADDRESSES), you must submit
your comment by 11:59 p.m. Eastern Time on the closing date.
ADDRESSES: You may submit written comments by one of the following
methods:
(1) Electronically: Go to the Federal eRulemaking Portal: https://www.regulations.gov. In the Search box, enter FWS-R2-ES-2012-0101,
which is the docket number for the proposed rule to list the Zuni
bluehead sucker as endangered. Then, in the Search panel on the left
side of the screen, under the Document Type heading, check on the
Proposed Rules link to located the proposed rule. You may submit a
comment by clicking on ``Comment Now!''
(2) By hard copy: Submit by U.S. mail or hand-delivery to: Public
Comments Processing, Attn: FWS-R2-ES-2012-0101; Division of Policy and
Directives Management; U.S. Fish and Wildlife Service; 4401 N. Fairfax
Drive, MS 2042-PDM; Arlington, VA 22203.
We request that you send comments only by the methods described
above. We will post all comments on https://www.regulations.gov. This
generally means that we will post any personal information you provide
us (see the Public Comments section below for more information).
FOR FURTHER INFORMATION CONTACT: Wally ``J'' Murphy, Field Supervisor,
U.S. Fish and Wildlife Service, New Mexico Ecological Services Field
Office, 2105 Osuna NE., Albuquerque, NM 87113; by telephone 505-346-
2525; or by facsimile 505-346-2542. Persons who use a
telecommunications device for the deaf (TDD) may call the Federal
Information Relay Service (FIRS) at 800-877-8339.
SUPPLEMENTARY INFORMATION:
Background
The Zuni bluehead sucker is a small fish that is believed to be
endemic to streams in east-central Arizona and west-central New Mexico.
On January 25, 2013, we published in the Federal Register a proposed
rule (78 FR 5369) to list the Zuni bluehead sucker (Catostomus
discobolus yarrowi) as an endangered species under the Endangered
Species Act of 1973, as amended (Act; 16 U.S.C. 1531 et seq.), because
we found the subspecies in danger of extinction. On the same date, we
also published in the Federal Register a proposed rule to designate
critical habitat for the Zuni bluehead sucker (78 FR 5351; January 25,
2013). Identified threats to the subspecies included water withdrawals,
sedimentation, impoundments, housing development, and predation by
nonnative green sunfish (Lepomis cyanellus). We believe the range of
the subspecies has already been reduced by approximately 90 percent in
New Mexico, but we do not know the extent of potential range reduction
in Arizona. Low water levels from drought and water withdrawals in
remaining occupied streams have reduced the available habitat for the
subspecies. The proposed listing rule had a 60-day comment period,
ending March 26, 2013. For a description of previous Federal actions
concerning the Zuni bluehead sucker, please refer to the proposed
listing rule (78 FR 5369; January 25, 2013). Since the publication of
the proposed rules, we have found substantial scientific disagreement
about the status of the Zuni bluehead sucker as explained below, and we
are therefore reopening the comment period for the proposed listing
rule and extending the schedule for the final determination for 6
months in order to solicit and analyze information that will help to
clarify these issues.
Section 4(b)(6) of the Act and its implementing regulations at 50
CFR 424.17(a) require that we take one of three actions within 1 year
of a proposed listing: (1) Finalize the proposed listing; (2) withdraw
the proposed listing; or (3) extend the final determination by not more
than 6 months, if there is substantial disagreement regarding the
sufficiency or accuracy of the available data relevant to the
determination. Our review of the information described below suggests
there is substantial disagreement regarding the taxonomic status of
some populations that we considered Zuni bluehead sucker in the
proposed rule. The following discussion describes these disagreements.
In the proposed listing rule, we reported that the Zuni bluehead
sucker has been documented in three discrete watersheds--the Zuni River
watershed in New Mexico, the Little Colorado River watershed in
Arizona, and the San Juan River watershed at the borders of New Mexico
and Arizona. However, the taxonomy of the occurrences of the subspecies
outside of the Zuni River watershed has been disputed and remains in
question. In the Zuni River watershed of New Mexico, the subspecies is
believed to be restricted to three isolated populations in the upper
Rio Nutria drainage (Carman 2008, pp. 2-3). Streams in the upper Rio
Nutria drainage of the Zuni River watershed include the Rio Nutria,
Cebolla Creek, and Rio Pescado, in addition to Tampico Spring and Agua
Remora Springs, which are headwater springs to Rio Nutria. In eastern
Arizona, there is evidence that the subspecies occurs in low numbers in
the Kinlichee Creek area of the Little Colorado River watershed and
Canyon de Chelly area of the San Juan River watershed (Hobbes 2000, pp.
9-16; Albert 2001, pp. 10-14; David 2006, p. 35). Both the Kinlichee
Creek and Canyon de Chelly areas occur on the Navajo Nation. Streams in
the Kinlichee Creek area include Red Clay Wash, Black Soil Springs,
Scattered Willow Wash, and Kinlichee Creek itself. Streams in the
Canyon de Chelly area include Tsaile Creek, Sonsela Creek, Crystal
Creek, Coyote Wash, Whiskey Creek, and Wheatfields Creek. These streams
originate along the western slope of the Chuska Mountains in New
Mexico, flow through Arizona, and eventually flow into the San Juan
River. It is the taxonomic status of these populations in the Kinlichee
Creek area of the Little Colorado River watershed and the Canyon de
Chelly areas in the San Juan River watershed that is in question. A map
for geographical
[[Page 1616]]
reference is available for review on the New Mexico Ecological Services
Field Office Web site at https://www.fws.gov/southwest/es/NewMexico/.
During the public comment period on the proposed listing rule, we
received multiple comments regarding our interpretation of scientific
literature related to the genetics of the Zuni bluehead sucker.
Commenters were particularly concerned with whether or not populations
on the Navajo Nation, which include the Kinlichee Creek area of the
Little Colorado River watershed and the Canyon de Chelly area of the
San Juan River watershed, that were recognized in the proposed rule as
Zuni bluehead suckers are appropriately classified as such rather than
a different subspecies of the bluehead sucker (see Taxonomy and
Genetics section, below). In addition, since the closing of the comment
period, we have received additional information and genetic analyses of
the bluehead sucker populations found on lands of the Navajo Nation,
including both the Kinlichee Creek area and the Canyon de Chelly area
(Unmack et al. 2012, entire; Hopken et al. 2013, entire; Douglas et al.
2013, entire). In particular, both the Hopken et al. (2013) and Douglas
et al. (2013) reports find that the populations on the Navajo Nation
should not be categorized as Zuni bluehead sucker, thereby
contradicting the information we presented in the proposed rule. This
new information and data, along with input we received during the
comment period, have led to substantial scientific disagreement about
the status of these populations as explained in more detail below.
In conclusion, section 4(b)(6) of the Act allows the Service to
extend the final determination by not more than 6 months, if there is
substantial disagreement regarding the sufficiency or accuracy of the
available data relevant to the determination. In light of the
substantial disagreement regarding the taxonomic status of some
populations that we considered Zuni bluehead sucker in the proposed
listing rule, we are reopening the comment period for the proposed
listing rule and extending the schedule for the final determination for
6 months in order to solicit and analyze information that will help to
clarify these issues. We will make a final determination no later than
July 25, 2014.
Taxonomy and Genetics
Although there is disagreement regarding where the Zuni bluehead
sucker occurs, our review of the available information has concluded
that the Zuni bluehead sucker is a valid subspecies. It is believed
that the first specimen of the Zuni bluehead sucker was collected from
the Zuni River near Zuni Pueblo in McKinley County, New Mexico, in 1873
(Cope 1874, p. 138). The next collection was made in 1926, from the
Zuni River, near Zuni Pueblo (Propst et al. 2001, p. 159). It was not
subsequently collected in New Mexico until W.J. Koster (University of
New Mexico, Museum of Southwestern Biology) collected the species in
the Rio Pescado in 1948, and in the Rio Nutria in 1960 (Propst 1999, p.
49; Propst et al. 2001, p. 159).
The Zuni bluehead sucker subspecies is believed to have originated
as a hybrid of the Rio Grande sucker (Catostomus plebeius) and the
bluehead sucker (C. discobolus) from the Little Colorado River.
Historically, the bluehead sucker occurred in streams and rivers in
Idaho, Wyoming, Colorado, Arizona, and New Mexico. Gerald R. Smith
(University of Michigan) was the first person to provide evidence for
the hybrid origin of the Zuni bluehead sucker (Smith 1966, pp. 87-90).
Smith (1966, pp. 87-90) and Smith et al. (1983, pp. 37-38) hypothesized
that the subspecies resulted from a prehistoric geological event in
which two species of sucker that were formerly geographically separated
came into contact with one another in the late Pleistocene (which
occurred more than 11,700 years ago) and exchanged genes through
hybridization over some time. Since collections of Zuni bluehead
suckers occurred as early as 1873, Smith (1966, p. 88) discounted that
the origin of the subspecies could be a product of human translocation
and, instead, proposed that a stream capture occurred causing the two
suckers to come into contact. A stream capture is a geomorphological
phenomenon occurring when a river drainage system or watershed is
diverted from its own bed and flows instead down the bed of a
neighboring stream. During this particular stream capture, part of the
headwaters of San Jose Creek (a Rio Puerco--Rio Grande tributary where
Rio Grande sucker occurred) were brought into the headwaters of the
Zuni River (a Little Colorado River tributary where bluehead sucker
occurred); this caused Rio Grande suckers from San Jose Creek to
intermingle with resident bluehead suckers in the Zuni River (Smith et
al. 1983, p. 45). Unmack et al. (2012, p. 29) estimated that the
introgression (gene flow from one species into the gene pool of another
species) between the Rio Grande sucker and bluehead sucker occurred
about 1.1 million years ago based on aging fossils.
In 1983, Smith et al. (entire) formally designated Zuni bluehead
sucker as a subspecies. Based on a review of morphological (pertaining
to the physical form and structure of the fish), meristic (quantitative
features of fish, such as fins or scales), and biochemical genetic
data, Smith et al. (1983, pp. 1, 45-47) determined that that the Zuni
bluehead sucker subspecies is an intermediate between Rio Grande sucker
and bluehead sucker, with the Rio Nutria population (Zuni River
watershed) characters (characters are attributes or features that
distinguish a subspecies, such as coloration) more like Rio Grande
sucker and Kinlichee Creek (Little Colorado River watershed) characters
more like bluehead sucker. Based on morphology, they assigned fish
samples in Kinlichee Creek (Little Colorado River watershed) as Zuni
bluehead suckers and Whiskey Creek fish samples (in the Canyon de
Chelly area of the San Juan River watershed) as bluehead suckers.
However, Smith et al. (1983, p. 46) could not genetically differentiate
Kinlichee Creek samples from Whiskey Creek fish samples. In other
words, based on genetics, fish from Kinlichee Creek (Little Colorado
River watershed) and Whiskey Creek (in the Canyon de Chelly area of the
San Juan River watershed) are the same.
Further study by Crabtree and Buth (1987, p. 843) replicated and
expanded upon the Smith et al. (1983, entire) genetic analysis and
reevaluated their data and interpretation. This study provided
supporting evidence confirming assignment of populations in the Zuni
River headwater streams as the Zuni bluehead sucker subspecies based on
the presence of unique alleles at several loci (loci are specific
locations of a gene or DNA sequence on a chromosome). However, they
recognized that Smith et al. (1983, pp. 42, 46) attributed a broader
geographical range to the Zuni bluehead sucker. The genetic analysis by
Crabtree and Buth (1987, p. 852) did not support the geographical range
identified by Smith et al. (1983, pp. 42, 46). Crabtree and Buth (1987,
pp. 851-852) suggested that the genetic interaction between the Rio
Grande sucker and bluehead sucker is limited to the upper Rio Nutria
populations in the Zuni River watershed. Thus, the findings of Crabtree
and Buth (1987, entire) suggest that the Zuni bluehead sucker
subspecies occurs only in the Zuni River watershed of New Mexico.
Our analysis of morphological and genetic information supports the
recognition of the Zuni bluehead sucker
[[Page 1617]]
as being distinct from both the Rio Grande sucker and the bluehead
sucker (Smith 1966, pp. 87-90; Smith et al. 1983, pp. 37-38; Crabtree
and Buth 1987, p. 843; Propst 1999, p. 49). Based on our review of the
best available scientific and commercial data, we concluded in the
proposed listing rule that the Zuni bluehead sucker is a valid
subspecies.
Although the Zuni bluehead sucker is a valid taxon, there is
substantial disagreement as to which populations of the fish should be
assigned to the Zuni bluehead sucker subspecies based on various
interpretations of the morphological and genetic analyses. In the
discussion below, we review the results of three recent studies related
to the evolutionary relationships of the populations we have considered
to be Zuni bluehead sucker.
In 2012, Thomas Dowling (a geneticist at Arizona State University)
presented the Schwemm and Dowling (2008, entire) data that some
bluehead sucker found in the Kinlichee Creek area of the Little
Colorado River watershed and the Canyon de Chelly area of the San Juan
River watershed also contain Rio Grande sucker alleles, suggesting that
these fish may be the result of the introgression between Rio Grande
sucker and bluehead sucker described above (Service 2012, entire).
Schwemm and Dowling (2008, entire) investigated the extent of
introgression of Rio Grande sucker within bluehead sucker within the
Little Colorado River drainage (Kinlichee Creek area and Zuni River
watershed area) and San Juan River drainage (Canyon de Chelly area)
through analysis of both mitochondrial and nuclear DNA sequences. The
mitochondrial DNA analysis identified three distinct lineages
(ancestry) and one distinct sublineage: (1) Mainstem Colorado River/San
Juan River bluehead sucker lineage; (2) Canyon de Chelly bluehead
sucker sublineage (in San Juan River watershed); (3) Little Colorado
River bluehead sucker lineage; and (4) Rio Grande sucker lineage. The
Rio Grande sucker lineage was found in only one upper Little Colorado
River population: the Rio Nutria of the Zuni River watershed in New
Mexico. However, the nuclear DNA not only identified Rio Grande sucker
alleles in the Rio Nutria in New Mexico (consistent with mitochondrial
DNA analysis), but also identified Rio Grande sucker alleles in
bluehead sucker populations in Black Soil Springs and in Kinlichee
Creek as it flows through Bear Canyon (both populations are in the
Kinlichee Creek area of the Little Colorado River watershed), and in
Wheatfields Creek (in the Canyon de Chelly area of the San Juan River
watershed). Therefore, the nuclear DNA analysis presented by Dowling in
2012 suggests that, based on the presence of Rio Grande sucker alleles
(via nuclear DNA), the Zuni bluehead sucker subspecies occurs in
certain streams of all three watersheds: the Zuni River watershed, the
Little Colorado River watershed, and the San Juan River watershed.
Unmack et al. (2012, p. 20) assigned Zuni bluehead sucker to a
complex (group of related species) of ancient Arizona and New Mexico
lineages that share molecular, meristic, and osteological (osteology is
the study of bone structure and function) characteristics of bluehead
sucker and Rio Grande sucker. Their study included populations found in
the headwaters of the San Juan and Little Colorado Rivers (including
the Zuni River headwaters) in northeastern Arizona. This assignment was
based on the information provided above (Smith 1966, entire; Smith et
al. 1983, entire; Crabtree and Buth 1987, entire; Schwemm and Dowling
2008, entire). Their assignment suggests that the Zuni bluehead sucker
subspecies originated from three separate but adjacent drainages (San
Juan River, Little Colorado River, and the Rio Grande) in the
Pleistocene via multiple stream captures. Therefore, the Zuni bluehead
sucker subspecies is not restricted to the headwaters of the Zuni River
watershed, but includes others areas in the Little Colorado River
(Kinlichee Creek area) and San Juan River drainages (Canyon de Chelly
area).
Hopken et al. (2013, entire) published a paper after the
publication of the proposed listing rule that evaluates bluehead
suckers rangewide using both mitochondrial and nuclear DNA to infer
evolutionarily significant units and management units. These
researchers looked at 39 sampling locations; however, only 2 (Canyon de
Chelly in the San Juan River watershed and Agua Remora in the Zuni
River watershed) were relevant to the Zuni bluehead sucker. The
mitochondrial DNA only detected bluehead sucker haplotypes (combination
of alleles at adjacent locations on a chromosome) in Canyon de Chelly
(San Juan River watershed in Arizona) and Agua Remora (Zuni River
watershed in New Mexico). Results are consistent with the Schwemm and
Dowling (2008, pp. 7-10) mitochondrial DNA analysis of the fish in the
Kinlichee Creek area of the Little Colorado River watershed and the
Canyon de Chelly area of the San Juan River watershed, both of which
are located within the Navajo Nation. Similar results were concluded
for both Agua Remora and Tampico Springs in the Zuni River watershed of
New Mexico (Turner and Wilson 2009, p. 8). Conversely, the nuclear DNA
(via microsatellites) analyses by both Schwemm and Dowling (2008,
entire) and Turner and Wilson (2009, p. 8) found alleles related to
both bluehead and Rio Grande suckers, albeit in low frequency for Agua
Remora and Tampico Springs in the Zuni River watershed of New Mexico.
Note that these results were based on one specific microsatellite,
whereas the Hopken et al. (2013, entire) nuclear DNA test analyzed 16
different microsatellites to identify levels of introgression with
other species of suckers known to hybridize with bluehead suckers
(e.g., Rio Grande sucker) and tested distinctiveness of the bluehead
sucker across several drainages. Hopken et al. (2013, p. 966) did not
find fish in the Canyon de Chelly area of the San Juan River watershed
or in Agua Remora of the Zuni River watershed to be introgressed and,
therefore, concluded that fish from both sampling locations belonged to
the bluehead sucker species of the Colorado River rather than the Zuni
bluehead sucker subspecies. Canyon de Chelly in the Little Colorado
River watershed and Agua Remora in the Zuni River watershed were both
identified to have distinct gene pools from one another and other
bluehead suckers (Hopken et al. 2013, p. 966). In other words, the
Hopken et al. (2013, entire) paper indicates that the populations in
the Little Colorado River watershed and Zuni River watershed are
geographically isolated and reflect low gene flow. These results are in
disagreement with the results of the nuclear DNA analysis provided by
Dowling in his 2012 presentation of the Schwemm and Dowling (2008,
entire) report.
Despite their analysis of the Canyon de Chelly populations (San
Juan River watershed) of bluehead suckers, Hopken et al. (2013, entire)
did not analyze the Kinlichee Creek populations within the Little
Colorado River watershed in Arizona. In cooperation with the Navajo
Nation, the Service collected additional genetic tissue samples for
analysis in 2013. Douglas et al. (2013, entire) used these additional
genetic tissue samples to expand upon the Hopken et al. (2013, entire)
paper results, applying the same methods. The results of the
mitochondrial DNA analysis by Douglas et al. (2013, pp. 19-20) were
very similar to Hopken et al. (2013) for samples within the Navajo
Nation (Kinlichee Creek area of the Little
[[Page 1618]]
Colorado River watershed and Canyon de Chelly area of the San Juan
River watershed), except a third bluehead sucker haplotype was
identified and the Rio Grande sucker haplotype was present in Rio
Nutria in the Zuni River watershed in New Mexico. This is consistent
with Schwemm and Dowling (2008, entire). As in Hopken et al. (2013, p.
966), Douglas et al. (2013, pp. 15-16) evaluated levels of
introgression with other species of suckers known to hybridize with
bluehead sucker (e.g., Rio Grande suckers) and tested for
distinctiveness between the Zuni River watershed populations and
populations in the Little Colorado River watershed and the San Juan
River watershed, and they compared the results with other drainages of
the Colorado River Basin (Colorado River in the Grand Canyon and Upper
Colorado River areas in Utah, Colorado, and Wyoming). No introgression
was detected with any other suckers, except for samples from Rio
Nutria, which exhibited genotypes of a mixed origin consistent with the
subspecies assignment. These results suggest that the Zuni bluehead
sucker is restricted to the Zuni River watershed. In addition to Hopken
et al. (2013, entire), Douglas et al. (2013, p. 16) identified one more
population of bluehead suckers that constitutes a unique gene pool
(Kinlichee Creek in the Little Colorado River watershed). These
combined results conclude that bluehead suckers from the headwaters of
the Little Colorado River watershed (Zuni River area where the Zuni
bluehead sucker recognized subspecies occurs and Kinlichee Creek area)
and the San Juan River watershed (Canyon de Chelly area) are distinct
from each other and any other bluehead suckers within the species'
range.
Since the publication of the proposed rule to list the Zuni
bluehead sucker as an endangered species (78 FR 5369; January 25,
2013), there has been substantial disagreement regarding whether the
bluehead suckers found within the Kinlichee Creek area of the Little
Colorado River watershed and the Canyon de Chelly area of the San Juan
River watershed are appropriately characterized as Zuni bluehead
suckers. This has led to substantial disagreement regarding the current
range of the subspecies in Arizona and New Mexico.
As illustrated by the above discussion, the best available
scientific information is unclear as to which populations of fish
should be attributed to the Zuni bluehead sucker subspecies. Some
studies support that Zuni bluehead sucker subspecies occurs only in the
Rio Nutria within the Zuni River watershed in New Mexico (Crabtree and
Buth 1987,entire; Hopken et al. 2013, entire; Douglas et al. 2013,
entire), whereas other studies support that Zuni bluehead sucker is
also found in the Kinlichee Creek area of the Little Colorado River
watershed and the Canyon de Chelly areas of the San Juan River
watershed (Smith et al. 1983, entire; Schwemm and Dowling 2008, entire;
Unmack et. al. 2012, p. 20). All of the literature discussed in this
document and a map for geographical reference is available for review
on the New Mexico Ecological Services Field Office Web site at https://www.fws.gov/southwest/es/NewMexico/.
As discussed earlier, section 4(b)(6) of the Act and its
implementing regulations at 50 CFR 424.17(a) require that we take one
of three actions within 1 year of a proposed listing: (1) Finalize the
proposed listing; (2) withdraw the proposed listing; or (3) extend the
final determination by not more than 6 months, if there is substantial
disagreement regarding the sufficiency or accuracy of the available
data relevant to the determination. Therefore, in consideration of the
substantial disagreements surrounding the Zuni bluehead sucker's
taxonomic status in some locations, we are extending the final
determination for 6 months in order to solicit and analyze additional
information that will help to clarify these issues. Consequently, our
final determination on the critical habitat designation for the Zuni
bluehead sucker will be also delayed until we make a final listing
determination for this subspecies. Therefore, we will make a final
determination on the proposed listing rule no later than July 25, 2014.
Public Comments
We will accept written comments and information during this
reopened comment period on our proposed listing for the Zuni bluehead
sucker that was published in the Federal Register on January 25, 2013
(78 FR 5369). We will consider information and recommendations from all
interested parties. We intend that any final action resulting from the
proposals be as accurate as possible and based on the best available
scientific and commercial data.
In consideration of the disagreements surrounding the data used to
support the proposed rulemaking, we are extending the final
determination for 6 months in order to solicit information that will
help to clarify these issues. In addition to the information requested
in the proposed listing rule, we are particularly interested in new
information and comments regarding:
(1) The historical and current status and distribution of the Zuni
bluehead sucker, its biology and ecology, specific threats (or lack
thereof) and regulations that may be addressing those threats, and
ongoing conservation measures for the subspecies and its habitat.
(2) Whether or not the populations in the Kinlichee Creek area of
the Little Colorado River watershed and the Canyon de Chelly area of
the San Juan River watershed should be considered the Zuni bluehead
sucker subspecies.
(3) Additional information relevant to the genetic analysis of Zuni
bluehead sucker populations.
(4) Additional information relevant to the morphology of Zuni
bluehead sucker populations.
(5) Information regarding genetic disagreements related to other
suckers or similar species of fish that could be used as a surrogate to
better understand the genetics of Zuni bluehead sucker
(6) An explanation for the apparent discrepancy between nuclear DNA
analyses. We are seeking clarification to explain the presence of Rio
Grande sucker alleles by using a singular microsatellite marker
(Schweem and Dowling 2008) whereas 16 different microsatellites did not
detect any Rio Grande sucker alleles (Douglas et al. 2013).
(7) An explanation for the overlap in morphological characteristics
in Smith et al. (1983, entire) where he assigned bluehead suckers in
Kinlichee Creek (the Little Colorado River watershed) as Zuni bluehead
sucker.
If you previously submitted comments or information on the proposed
listing rule, please do not resubmit them. We have incorporated them
into the public record, and we will fully consider them in the
preparation of our final determination. Our final determination
concerning this proposed listing will take into consideration all
written comments and any additional information we receive.
You may submit your comments and materials concerning the proposed
rule by one of the methods listed in ADDRESSES. We request that you
send comments only by the methods described in ADDRESSES.
If you submit a comment via https://www.regulations.gov, your entire
comment--including any personal identifying information--will be posted
on the Web site. We will post all hardcopy comments on https://www.regulations.gov as well. If you submit a hardcopy comment that
includes personal identifying information, you may request at the top
of your document that we withhold this information from public review.
[[Page 1619]]
However, we cannot guarantee that we will be able to do so.
Comments and materials we receive, as well as supporting
documentation we used in preparing the proposed rule, will be available
for public inspection on https://www.regulations.gov at Docket No. FWS-
R2-ES-2012-0101, or by appointment, during normal business hours, at
the U.S. Fish and Wildlife Service, New Mexico Ecological Services
Field Office (see FOR FURTHER INFORMATION CONTACT). You may obtain
copies of the proposed rule on the Internet at https://www.regulations.gov at Docket No. FWS-R2-ES-2012-0101, or by mail from
the New Mexico Ecological Services Field Office (see FOR FURTHER
INFORMATION CONTACT).
References Cited
A complete list of references cited and a geographical reference
map in this rulemaking is available on the Internet at https://www.regulations.gov and https://www.fws.gov/southwest/es/NewMexico/ and
upon request from the New Mexico Ecological Services Field Office (see
FOR FURTHER INFORMATION CONTACT).
Authority
The authority for this action is the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et seq.).
Dated: December 30, 2013.
Stephen Guertin,
Acting Director, Fish and Wildlife Service.
[FR Doc. 2014-00164 Filed 1-8-14; 8:45 am]
BILLING CODE 4310-55-P