[Federal Register Volume 67, Number 162 (Wednesday, August 21, 2002)]
[Proposed Rules]
[Pages 54262-54306]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-20939]
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Part II
Department of the Interior
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Fish and Wildlife Service
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50 CFR Part 17
Endangered and Threatened Wildlife and Plants; Designation of Critical
Habitat for the Topeka Shiner; Proposed Rule
Federal Register / Vol. 67, No. 162 / Wednesday, August 21, 2002 /
Proposed Rules
[[Page 54262]]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AI20
Endangered and Threatened Wildlife and Plants; Designation of
Critical Habitat for the Topeka Shiner
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose
designation of critical habitat pursuant to the Endangered Species Act
of 1973, as amended (Act), for the Topeka shiner (Notropis topeka).
This proposal is made in response to a court settlement in Biodiversity
Legal Foundation et al. v. Ralph Morganweck et al. C00-D-1180,
committing the Service to submit for publication in the Federal
Register a proposal to withdraw the existing ``not prudent'' critical
habitat determination together with a new proposed critical habitat
determination for the Topeka shiner by August 13, 2002. We are
proposing to designate as critical habitat a total of 186 stream
segments, representing 3,765.9 kilometers (2,340 miles) of stream in
the States of Iowa, Kansas, Minnesota, Nebraska, and South Dakota.
Proposed critical habitat includes portions of the North Raccoon,
Boone, and Rock River watersheds in Iowa; the Kansas, Big Blue, Smoky
Hill, and Cottonwood River watersheds in Kansas; the Rock and Big Sioux
River watersheds in Minnesota; and the Big Sioux, Vermillion, and James
River watersheds in South Dakota. If this proposed rule is finalized,
Federal agencies proposing actions that may affect the areas designated
as critical habitat must consult with the Service on the effects of the
proposed actions, pursuant to section 7(a)(2) of the Act. A draft
Economic Analysis will be prepared in the near future and made
available for public comment. We will specify the availability of the
draft Economic Analysis and subsequent reopening of the comment period
in local and regional newspapers in the range of the species and
through a notice in the Federal Register.
DATES: We will consider all comments on the proposed rule received from
interested parties by October 21, 2002. We will hold public meetings
in--Manhattan, KS, on September 4, 2002; Bethany, MO, on September 5,
2002; Fort Dodge, IA, on September 9, 2002; Pipestone, MN, on September
10, 2002; Sioux Falls, SD on September 11, 2002; and, Madison, NE, on
September 12, 2002. We will start all meetings promptly at 6 p.m. and
end them no later than 9 p.m. (See ``Public Hearings and Meetings''
section for times and locations.)
ADDRESSES: Send your comments on the proposed rule to the Kansas
Ecological Services Field Office, U.S. Fish and Wildlife Service, 315
Houston Street, Suite E, Manhattan, KS 66502. The complete file for the
proposed rule will be available for public inspection, by appointment,
during normal business hours at the above address. Copies of the
proposed rule are available by writing to the above address or by
connecting to the Service internet web site at ``http://mountain-prairie.fws.gov/topekashiner/ch.''
FOR FURTHER INFORMATION CONTACT: Vernon Tabor, Kansas Ecological
Services Field Office, at the above address; telephone (785) 539-3474,
facsimile (785) 539-8567.
SUPPLEMENTARY INFORMATION:
Background
The Topeka shiner is a small, stout minnow, not exceeding 75
millimeters (3 inches) in total length. The head is short with a small,
moderately oblique mouth. The eye diameter is equal to or slightly
longer than the snout. The dorsal fin is large, with the height more
than one half the predorsal length of the fish, originating over the
leading edge of the pectoral fins. Dorsal and pelvic fins each contain
eight rays. The anal and pectoral fins contain 7 and 13 rays
respectively, and there are 32 to 37 lateral line scales. Dorsally the
body is olivaceous (olive-green), with a distinct dark stripe preceding
the dorsal fin. A dusky stripe is exhibited along the entire
longitudinal length of the lateral line. The scales above this line are
darkly outlined with pigment, appearing cross-hatched. Below the
lateral line the body lacks pigment, appearing silvery-white. A
distinct chevron-like spot exists at the base of the caudal fin (Cross
1967; Pflieger 1975; U.S. Fish and Wildlife Service 1993).
The Topeka shiner was first described by C.H. Gilbert in 1884,
using specimens captured from Shunganunga Creek, Shawnee County, Kansas
(Gilbert 1884), a tributary to the Kansas River. The Topeka shiner is 1
of 83 species within the genus Notropis (Robins et al. 1991), all in
North America. The genus is within the minnow family (Cyprinidae).
The Topeka shiner is characteristic of small to mid-size prairie
streams with relatively high water quality and cool to moderate
temperatures. Many of these streams exhibit perennial flow; however,
some become intermittent during summer or periods of prolonged drought.
At times when surface flows cease, pool levels and moderate water
temperatures are maintained by percolation through the streambed or
groundwater seepage. The predominant substrate types within these
streams are gravel, cobble, and sand; however, bedrock and clay hardpan
overlain by a layer of silt are not uncommon (Minckley and Cross 1959).
Recently in northern portions of the species' range, the Topeka shiner
has been found to exist at some stream sites with degraded water
quality and habitat quality, characterized by moderately high turbidity
and thick deposits of fine sediments, respectively (Hatch, University
of Minnesota, pers. comm. 2000; Berry, South Dakota State University,
pers. comm. 2000). At present, it is unknown whether the species
utilizes these sites year-round or seasonally, or moves through these
areas in an attempt to disperse from core habitat areas.
In the late 1990s, the Topeka shiner was discovered to inhabit a
number of off-channel sites in Minnesota and Iowa, primarily cut-off
channels and oxbows that are seasonally flooded (Hatch, pers. comm.
1999; Menzel, Iowa State University, pers. comm. 1999). It is
speculated that a common factor of these off-channel sites is a
connection with the water table, enabling water quality, particularly
temperature and dissolved oxygen concentrations, to stay within the
tolerance levels of the species during hot, dry periods. It also is
suggested that the ground water contact prevents total freeze-out of
these pools during winter.
Topeka shiners most often occur in pool and run areas of streams,
seldom being found in riffles. They are most often pelagic (living in
open water) in nature, occurring in mid-water and surface areas, and
are primarily considered a schooling fish. Occasionally individuals of
this species have been found in larger streams, downstream of known
populations (Cross 1967; Pflieger 1975; Tabor, U.S. Fish and Wildlife
Service 1998).
Historically, the Topeka shiner was widespread and abundant
throughout small to mid-size streams of the central prairie regions of
the United States. The Topeka shiner's historic range includes portions
of Iowa, Kansas, Minnesota, Missouri, Nebraska, and South Dakota.
Stream basins within the range historically occupied by the Topeka
shiner include the Des Moines, Raccoon, Boone, Missouri, Big Sioux,
Cedar, Shell Rock, Rock, and Iowa
[[Page 54263]]
Basins in Iowa; the Arkansas, Kansas, Big Blue, Saline, Solomon,
Republican, Smoky Hill, Wakarusa, Cottonwood, Nemaha, and Blue Basins
in Kansas; the Des Moines, Cedar, Big Sioux, and Rock Basins in
Minnesota; the Missouri, Grand, Lamine, Chariton, Des Moines, Loutre,
Middle, Hundred and Two, and Blue Basins in Missouri; the Big Blue,
Elkhorn, Missouri, and Loup Basins in Nebraska; and the Big Sioux,
Vermillion, and James Basins in South Dakota. The known geographic
range (watershed area where the species was known to occur) of the
Topeka shiner has been reduced by approximately 90 percent. The number
of historically known collection sites (documented in the literature or
by museum specimens) of Topeka shiner has been reduced by approximately
70 percent, with approximately 50 percent of this decline occurring
within the last 40-50 years. The species now primarily exists in
isolated population complexes (adjoining stream segments) and
individual isolated stream reaches.
The Topeka shiner is impacted by habitat destruction, degradation,
modification, and fragmentation resulting from siltation, reduced water
quality, tributary impoundment, stream channelization, in-stream gravel
mining, and changes in stream hydrology. The species also can be
impacted by introduced predaceous fishes. Additional information on the
biology and status of the Topeka shiner can be found in the December
15, 1998, final listing determination (63 FR 69008). Biological factors
relevant to the species' habitat needs are discussed in the Primary
Constituent Elements portion of this proposed rule.
Previous Federal Action
In 1990 the Service's Kansas Field Office began a status review of
the Topeka shiner using data collected from stream sampling activities
and information requested from knowledgeable individuals and agencies,
including State fish and wildlife conservation agencies, State health
and pollution control agencies, colleges and universities, and other
Service offices. The Topeka shiner first received listing consideration
when the species was included in the Animal Candidate Review for
Listing as Endangered or Threatened Species, as a category 2 candidate
species, published in the Federal Register (56 FR 58816) on November
21, 1991. Category 2 candidate species were those species for which
information in the possession of the Service indicated that a proposal
to list the species as endangered or threatened was possibly
appropriate, but sufficient data on biological vulnerability and
threats were not currently available to support proposed rules for
listing. A status report, dated February 16, 1993 (Service 1993), was
subsequently prepared concerning the species. In the November 15, 1994,
Animal Candidate Review for Listing as Endangered or Threatened
Species, published in the Federal Register (59 FR 58999), the Topeka
shiner was reclassified as a category 1 candidate species. Category 1
candidates comprised taxa for which the Service had substantial
information on biological vulnerability and threats to support
proposals to list the taxa as endangered or threatened. We have since
discontinued the category 1 and category 2 designations for candidates
and have established a new policy defining candidate species. Candidate
species are currently defined as those species for which the Service
has sufficient information on file detailing biological vulnerability
and threats to support issuance of a proposed rule to list as
threatened or endangered, but issuance of the proposed rule is
precluded by other listing actions. In the February 28, 1996, Review of
Plant and Animal Taxa That Are Candidates for Listing as Endangered or
Threatened Species, published in the Federal Register (61 FR 7596), the
Topeka shiner was reclassified as a candidate species.
We published a proposed rule to list the Topeka shiner as
endangered in the Federal Register on October 24, 1997 (62 FR 55381).
Included in the proposed rule was notification of the opening of a 60-
day public comment period and request for public hearings. The comment
period was open from October 24, 1997, to December 23, 1997. Four
public hearings were held from January 26-29, 1998, across the species'
range. A notice to reopen the public comment period was published in
the Federal Register (62 FR 67324) to accommodate the hearings. This
comment period was open from January 12, 1998, to February 9, 1998. We
published the final rule listing the Topeka shiner as an endangered
species on December 15, 1998 (63 FR 69008). The effective date of the
listing was January 14, 1999. We did not designate critical habitat at
the time of listing, as we determined that designation of critical
habitat was not prudent.
In early 1999, we assembled the Topeka Shiner Recovery Team. The
team is composed of species experts from academia and industry, State
natural resource agency personnel with knowledge of the species, and
Fish and Wildlife Service staff. Seven team meetings were held between
1999 to 2001, with the task of developing a draft recovery plan for the
species. The Service is reviewing this draft and hopes its findings can
be used as a basis for its proposed recovery plan.
In an April 4, 2001, court settlement of the case, Biodiversity
Legal Foundation et al. v. Ralph Morganweck et al., C00-D-1180, we
agreed to reconsider our prudency determination and, if prudent,
propose critical habitat for the Topeka shiner by August 13, 2002, and
to finalize our decision on critical habitat by August 13, 2003.
Critical Habitat
Critical habitat is defined in section 3(5)(A) of the Act as--(I)
the specific areas within the geographic area occupied by a species, at
the time it is listed in accordance with the Act, on which are found
those physical or biological features (I) essential to the conservation
of the species and (II) that may require special management
considerations or protection; and (ii) specific areas outside the
geographic area occupied by a species at the time it is listed, upon a
determination that such areas are essential for the conservation of the
species. The term ``conservation,'' as defined in section 3(3) of the
Act, means ``to use and the use of all methods and procedures which are
necessary to bring any endangered species or threatened species to the
point at which the measures provided pursuant to this Act are no longer
necessary.''
Critical habitat receives protection under section 7 of the Act
through the prohibition against destruction or adverse modification of
critical habitat with regard to actions carried out, funded, or
authorized by a Federal agency. Section 7 also requires conferences
with the Service on Federal actions that are likely to result in the
destruction or adverse modification of proposed critical habitat. In
our regulations at 50 CFR 402.02, we define destruction or adverse
modification as ``a direct or indirect alteration that appreciably
diminishes the value of critical habitat for both the survival and
recovery of a listed species. Such alterations include, but are not
limited to, alterations adversely modifying any of those physical or
biological features that were the basis for determining the habitat to
be critical.'' Aside from the added protection that may be provided
under section 7, the Act does not provide other forms of protection to
lands designated as critical habitat. Because consultation under
section 7 of the Act does not apply to activities on private or other
non-Federal lands that
[[Page 54264]]
do not involve a Federal nexus, critical habitat designation would not
result in any regulatory requirement for these actions.
To be included in a critical habitat designation, the habitat must
first be ``essential to the conservation of the species.'' Critical
habitat designations identify, to the extent known using the best
scientific and commercial data available, habitat areas that provide
essential life cycle needs of the species (i.e., areas in which the
primary constituent elements, as defined at 50 CFR 424.12(b), are
found).
Section 4 requires that we designate critical habitat at the time
of listing and based on what we know at the time of designation. When
we designate critical habitat at the time of listing or under short
court-ordered deadlines, we will often not have sufficient information
to identify all areas of critical habitat. We are required,
nevertheless, to make a decision and thus must base our designations on
what, at the time of designation, we know to be critical habitat.
In accordance with sections 3(5)(C) of the Act, not all areas that
can be occupied by a species will be designated critical habitat.
Within the geographic area occupied by the species we designate only
areas currently known to be essential. Essential areas should already
have the features and habitat characteristics that are necessary to
conserve the species. We will not speculate about what areas might be
found to be essential if better information becomes available, or what
areas may become essential over time. If the information available at
the time of designation does not show that an area provides essential
life cycle needs of the species, then the area should not be included
in the critical habitat designation. We will not designate areas within
the geographic area occupied by the species unless at least one of the
primary constituent elements, as defined at 50 CFR 424.12(b), is
present. Moreover, areas occupied by certain known populations of the
Topeka shiner have not been proposed as critical habitat. For example,
we did not propose critical habitat for some small scattered
populations or habitats in areas highly impacted by human development.
Our regulations state, ``The Secretary shall designate as critical
habitat areas outside the geographical area presently occupied by a
species only when a designation limited to its present range would be
inadequate to ensure the conservation of the species'' (50 CFR
424.12(e)). Based on the best available science and commercial data,
there appears to be no foundation upon which to make a determination
that the conservation needs of the Topeka shiner require designation of
critical habitat outside of the geographic area occupied by the
species, so we have not proposed to designate critical habitat outside
of the geographic area believed to be occupied.
Our Policy on Information Standards Under the Endangered Species
Act, published in the Federal Register on July 1, 1994 (59 FR 34271),
provides criteria, procedures, and guidance to ensure decisions made by
the Service represent the best scientific and commercial data
available. It requires Service biologists, to the extent consistent
with the Act and with the use of the best scientific and commercial
data available, to use primary and original sources of information as
the basis for recommendations to designate critical habitat. When
determining which areas are critical habitat, a primary source of
information should be the listing package for the species. Additional
information may be obtained from a recovery plan, articles in peer-
reviewed journals, conservation plans developed by States, Tribes, and
counties, scientific status surveys and studies, and biological
assessments or other unpublished materials, and expert opinion or
personal knowledge.
Habitat is often dynamic, and species may move from one area to
another over time. Furthermore, we recognize designation of critical
habitat may not include all habitat eventually determined as necessary
to recover the species. For these reasons, all should understand that
critical habitat designations do not signal that habitat outside the
designation is unimportant or may not be required for recovery. Areas
outside the critical habitat designation will continue to be subject to
conservation actions that may be implemented under section 7(a)(1) of
the Act, and the regulatory protections afforded by the section 7(a)(2)
jeopardy standard and the section 9 take prohibition, as determined on
the basis of the best available information at the time of the action.
Federally funded or assisted projects affecting listed species outside
their designated critical habitat areas may still result in likely-to-
jeopardize findings in some cases. Similarly, critical habitat
designations made on the basis of the best available information at the
time of designation will not control the direction and substance of
future recovery plans, habitat conservation plans, or other species
conservation planning efforts, if new information available to these
planning efforts calls for a different outcome.
Primary Constituent Elements
In accordance with section 3(5)(A)(i) of the Act and regulations at
50 CFR 424.12, in determining which areas to propose as critical
habitat we are required to base critical habitat determinations on the
best scientific and commercial data available and to consider physical
and biological features (primary constituent elements) that are
essential to conservation of the species, and that may require special
management considerations and protection. These physical and biological
features include, but are not limited to--(1) Space for individual and
population growth, and for normal behavior; (2) food, water, air,
light, minerals, or other nutritional or physiological requirements;
(3) cover or shelter; (4) sites for breeding, reproduction, rearing (or
development) of offspring; and (5) habitats protected from disturbance
or that are representative of the historic geographical and ecological
distributions of a species.
The following studies involving the habitat requirements, life
history, and population biology of Topeka shiner serve as the best
science available in establishing the primary constituent elements
listed below--Barber 1986; Blausey 2001; Cross 1967; Cross 1970; Cross
and Collins 1975; Cross and Collins 1995; Deacon and Metcalf 1961;
Gelwicks and Bruenderman 1996; Hatch 2001; Hatch and Besaw 2001; Katula
1998; Kerns 1983; Leopold et al. 1992; Michels 2000; Michl and Peters
1993; Minckley and Cross 1959; Pflieger 1975; Pflieger 1997; Rosgen
1996; Shranke et al. 2001; Stark et al. 1999; U.S. Fish and Wildlife
Service 1993; Wall et al. 2001.
Given the large geographic range the species historically occupied,
and the varying habitats used by the different life-history stages,
describing specific values or conditions for each of these habitat
features is not always possible. However, the following discussion
summarizes the biological and habitat requirements of the Topeka shiner
relevant to identifying the primary constituent elements of its
critical habitat.
Topeka shiners are typically found in small, low order, prairie
streams with good water quality, relatively cool temperatures, and low
fish diversity (Minckley and Cross 1959; Cross 1967; Barber 1986; Cross
and Collins 1995; Pflieger 1997; Blausey 2001). Although Topeka shiners
can tolerate a range of water temperatures, cooler, spring-maintained
systems are considered
[[Page 54265]]
optimum (Cross and Collins 1995; Pflieger 1997). These streams
generally maintain perennial flow but may become intermittent during
summer or periods of drought. Evermann and Cox (1896) reported on
surveys from the Nebraska portion of the Big Blue River watershed, and
noted that Topeka shiners occurred in ``pond-like, isolated portions of
streams which dry up in parts of their course during dry weather.''
Minckley and Cross (1959) found Topeka shiners ``almost exclusively in
quiet, open pools of small, clear streams that drain upland prairies.''
They also noted that when these streams approach intermittency the
``pools are maintained at fairly stable levels by percolation through
the gravel or by springs.'' Similar habitat characteristics are
described for populations in Missouri by Pflieger (1997). In South
Dakota, Blausey (2001) found that runs were the dominant habitat type
associated with Topeka shiner presence, although higher densities of
the species were collected in pools. While characteristic of pools with
stable water levels, the Topeka shiner appears to be well adapted to
periodic drought conditions common to prairie streams. For example,
Kerns (1983) found that even though mortality of several fish species
was high in desiccating pools, juvenile Topeka shiners seemed
especially drought-resistant.
In Kansas, Missouri, and South Dakota, Topeka shiners typically
occur in streams with clean gravel, cobble, or sand bottoms (Pflieger
1975; Kerns 1983; Barber 1986; Cross and Collins 1995; Pflieger 1997;
Blausey 2001). However, bedrock and clay hardpan covered by a thin
layer of silt are not uncommon (Minckley and Cross 1959). In western
Kansas pools containing Topeka shiners, Stark et al. (1999) determined
the primary substrate to be coarse sand overlain by silt and detritus.
Similarly, Michl and Peters (1993) reported the collection of Topeka
shiners from a Nebraska stream having a sand and detritus substrate.
While main channel areas may be typical of Kansas, Missouri, and South
Dakota populations, Topeka shiners in Minnesota and Iowa appear more
abundant in off-channel oxbows and side-channels than in the main
channels (Menzel pers. comm. 1999; Hatch 2001). These seasonally
flooded habitats also appear to have a connection with the water table,
enabling temperature and dissolved oxygen to stay within tolerance
levels of the species during dry, hot periods. It also suggests that
the groundwater connection may prevent complete freezing of these pools
in winter. Groundwater availability was a primary predictor of Topeka
shiner presence in South Dakota (Blausey 2001). While we have recently
found the species in some stream sites with excessive sedimentation, it
is unknown whether the species uses these locations year-round, for
portions of the year, or occupy these areas during periods of
dispersal. In much of the range of Topeka shiner, moderate-sized
mainstem streams likely provide occasional dispersal corridors for the
species (Cunningham, Eco-Centrics, Inc., Omaha, Nebraska, pers. comm.
1999; Menzel pers. comm. 2001). In most cases these larger streams do
not provide habitat conditions suitable for the species to complete its
necessary life cycle requirements, but in the Iowa and Minnesota range
of the species oxbow and other off-channel habitats adjacent to these
mainstems do provide these requirements (Menzel pers. comm. 2001; Hatch
2001). In these cases, the primary constituent elements of critical
habitat are present in the off-channel areas, but not in the larger
mainstem streams themselves, even though they likely provide corridors
for dispersion to other areas of suitable habitat.
Topeka shiners are short-lived species, rarely surviving to their
third summer (Minckley and Cross 1959; Cross 1967; Kerns 1983; Cross
and Collins 1995; Pflieger 1997; Hatch 2001). The species typically
matures at 12-14 months of age (Kerns 1983; Cross and Collins 1995;
Pflieger 1997). Based on ovarian development, Hatch (2001) suggested
that Topeka shiners are multiple-clutch spawners. Topeka shiners spawn
in pool habitats, over green sunfish (Lepomis cyanellus) and
orangespotted sunfish (Lepomis humilis) nests, from late May to August
in Kansas and Missouri (Kerns 1983; Cross and Collins 1995; Pflieger
1997). Stark et al. (1999) observed Topeka shiners spawning on the
periphery of green sunfish nests and suggested that the habitats
provided by these nests are important to the reproductive success of
Topeka shiners. These same authors reported aggregations of Topeka
shiners in close association with fathead minnow (Pimephales promelas)
and orangespotted sunfish nests, but no spawning activities were
observed. In Minnesota, Hatch (2001) found that Topeka shiners use
rubble, boulder, and concrete rip-rap at the margins of pools and slow
runs. Several authors have reported the defense of small territories by
breeding male Topeka shiners (Kerns 1983, Pflieger 1997, Katula 1998,
Stark et al. 1999, Hatch 2001). In Jack Creek, Chase County, Kansas,
Mammoliti (Kansas Department of Wildlife and Parks, pers. comm. 1999)
observed two male Topeka shiners defending a longear sunfish (Lepomis
megalotis) nest as the male sunfish loafed nearby. Other authors have
noted upstream movement as reproductive behavior in Topeka shiners
(Minckley and Cross 1959, Kerns 1983, Barber 1986).
The Topeka shiner is primarily a schooling fish and found
throughout the water column. Pflieger (1997) noted that the species
schooled with other cyprinids in mid-water or near the surface. Other
studies have reported Topeka shiners schooling in the lower portion of
the water column with central stonerollers (Campostoma annomalum)
(Kerns 1983, Stark et al. 1999). While typical of small, headwater
streams, occasionally the species has been captured in larger streams,
downstream of known populations. Barber (1986) noted variation in
mobility within a population of Topeka shiner based on sex and age
class. In the spring, as precipitation and water temperatures
increased, adult males tended to move upstream or downstream. In many
instances, the fish moved back to their original pool. Young-of-the-
year fish tended to move downstream in the fall. Others have reported
displacement of fish downstream during periods of high flow (Cross,
University of Kansas, pers. comm. 1994; Tabor pers. comm. 1994).
Although it is evident that the species has some capacity to disperse,
at present the degree of dispersal and the species' ability to
``tributary hop'' is unknown. It has been suggested that populations
found in short, direct tributaries to the Missouri River were evidence
of a historic dispersal eastward by ``tributary hopping.'' However,
Deacon and Metcalf (1961) found the Topeka shiner to be one of several
fishes with a low capacity for dispersal following drought conditions.
In addition, Michels (2000) conducted a range-wide genetic analysis of
different populations of Topeka shiner and suggested that successful
migration, even between adjacent populations, is rare and that movement
over long distances is unlikely.
Earlier researchers (Kerns 1983, Cross and Collins 1995) reported
that Topeka shiners are benthic insectivores that feed primarily on
midges (chironomids), true flies (dipterans), and mayflies
(ephemeropterans), with zooplankton (cladocerans and copepods) also
contributing to their diet. More recent studies have found Topeka
shiner feeding at a variety of trophic levels and on diverse foods.
Stark et al. (1999) observed Topeka shiners consuming
[[Page 54266]]
eggs from fathead minnow nests in Willow Creek, Wallace County, Kansas.
In Minnesota, food included several kinds of zooplankton, a variety of
immature aquatic insects, larval fish, algal and vascular plant matter,
including seed capsules (Hatch and Besaw 1998). These authors suggested
that Topeka shiners function both as benthic and nektonic feeders, and
propose that the species also may feed from the surfaces of aquatic
plants.
We determine the primary constituent elements associated with
critical habitat for Topeka shiner to be:
1. Streams most often with permanent flow, but that can become
intermittent during dry periods;
2. Side channel pools and oxbows either seasonally connected to a
stream or maintained by groundwater inputs, at a surface elevation
equal to or lower than the bank-full discharge stream elevation. The
bankfull discharge is the flow at which water begins leaving the
channel and flowing into the floodplain; this level is generally
attained every 1 to 2 years. Bankfull discharge, while a function of
the size of the stream, is a fairly constant feature related to the
formation, maintenance, and dimensions of the stream channel;
3. Streams and side channel pools with water quality necessary for
unimpaired behavior, growth, and viability of all life stages. The
water quality components can vary seasonally and include--temperature
(1 to 30 deg.Centigrade), total suspended solids (0 to 2000 ppm),
conductivity (100 to 800 mhos), dissolved oxygen (4 ppm or greater), pH
(7.0 to 9.0), and other chemical characteristics;
4. Living and spawning areas for adult Topeka shiner with pools or
runs with water velocities less than 0.5 meters/second (approx. 20
inches/second) and depths ranging from 0.1 to 2.0 meters (approximately
4 to 80 inches);
5. Living areas for juvenile Topeka shiner with water velocities
less than 0.5 meters/second (approx. 20 inches/second) with depths less
than 0.25 meters (approx. 10 inches) and moderate amounts of instream
aquatic cover, such as woody debris, overhanging terrestrial
vegetation, and aquatic plants;
6. Sand, gravel, cobble, and silt substrates with amounts of fine
sediment and substrate embeddedness that allows for nest building and
maintenance of nests and eggs by native Lepomis sunfishes (green
sunfish, orangespotted sunfish, longear sunfish) and Topeka shiner as
necessary for reproduction, unimpaired behavior, growth, and viability
of all life stages;
7. An adequate terrestrial, semiaquatic, and aquatic invertebrate
food base that allows for unimpaired growth, reproduction, and survival
of all life stages;
8. A hydrologic regime capable of forming, maintaining, or
restoring the flow periodicity, channel morphology, fish community
composition, off-channel habitats, and habitat components described in
the other primary constituent elements; and
9. Few or no nonnative predatory or competitive nonnative species
present.
The areas we are proposing for designation as critical habitat for
Topeka shiner provide the above primary constituent elements essential
for the conservation of the species. The proposed areas require special
management considerations or protection to ensure their contribution to
the conservation of the species.
Proposed Critical Habitat Designation
In proposing critical habitat for Topeka shiner, we reviewed the
overall approach to the conservation of the species undertaken by
local, State, Tribal, and Federal agencies and private individuals and
organizations since the species' listing in 1998. We also considered
the measures identified as necessary for recovery, as outlined in the
species' preliminary draft recovery plan. Additionally, we solicited
information and recommendations from knowledgeable biologists and
members of the Topeka Shiner Recovery Team. We also reviewed the
available information pertaining to habitat requirements of the species
received during the listing process.
Table 1.--Number of Stream Segments and Total Stream Mileage Proposed
for Designation as Critical Habitat for Topeka Shiner by State
------------------------------------------------------------------------
No. of Total
stream stream
State segments mileage
proposed by proposed by
State State
------------------------------------------------------------------------
Iowa.......................................... 25 225
Kansas........................................ 63 587
Minnesota..................................... 57 605
Nebraska...................................... 1 6
South Dakota.................................. 40 917
-------------------------
Total..................................... 186 2,340
------------------------------------------------------------------------
Table 2.--Number of Stream Segments and Total Stream Mileage Proposed
for Designation as Critical Habitat for Topeka Shiner by County
------------------------------------------------------------------------
Number of
stream Stream
County segments mileage
proposed by proposed by
county county
------------------------------------------------------------------------
Iowa:
Calhoun................................... 8 68
Carroll................................... 2 7
Dallas.................................... 3 3
Greene.................................... 8 87
Hamilton.................................. 1 1
Lyon...................................... 3 16
Osceola................................... 1 5
Sac....................................... 4 12
Webster................................... 1 9
Wright.................................... 3 16
Kansas:
Butler.................................... 1 5
Chase..................................... 27 200
Dickinson................................. 4 49
Geary..................................... 7 62
Greenwood................................. 2 7
Marion.................................... 1 9
Marshall.................................. 2 22
Morris.................................... 6 22
Pottawatomie.............................. 1 5
Riley..................................... 4 44
Shawnee................................... 1 18
Wabaunsee................................. 15 136
Wallace................................... 1 9
Minnesota:
Lincoln................................... 4 27
Murray.................................... 2 19
Nobles.................................... 14 115
Pipestone................................. 21 196
Rock...................................... 25 247
Nebraska:
Madison................................... 1 6
South Dakota:
Aurora.................................... 1 27
Beadle.................................... 3 98
Brookings................................. 6 106
Clay...................................... 2 29
Davison................................... 4 63
Deuel..................................... 2 36
Hamlin.................................... 1 8
Hanson.................................... 3 48
Hutchinson................................ 6 66
Lincoln................................... 3 41
McCook.................................... 2 47
Miner..................................... 2 31
Minnehaha................................. 6 102
Moody..................................... 5 63
Turner.................................... 6 151
------------------------------------------------------------------------
Note: Many stream segments occur in more than one county, thus inflating
the total number per State, if totaled.
Due to the need for additional information on the species, its
habitats, restoration potential, possible unknown isolated occurrences,
and other factors, interim criteria for downlisting and delisting were
set forth in a preliminary draft recovery plan now under review by the
Service. The recovery team agreed that even though much
[[Page 54267]]
information on the species is known, it would be prudent to develop
interim recovery criteria, as opposed to final criteria at the time the
plan was developed. It also was agreed by the recovery team that the
interim recovery criteria would later be adjusted to reflect new
information, as it becomes available, solidifying final recovery
criteria. The primary information need identified in coming to this
decision was information on stream and watershed conditions within
unoccupied historic range, in reference to the potential for
reintroduction and reestablishment of the species in these areas.
Additionally, there was the need for more information on the species'
range, particularly in Nebraska and parts of Iowa, where isolated,
remnant populations of Topeka shiner might be discovered, possibly
affecting recovery goals. If previously unknown populations were found
in these areas, this would avoid the need for reintroduction in these
areas. Reintroduction and successful reestablishment is most often
viewed as being more difficult than maintenance and enhancement of
existing populations and habitat. The interim recovery criteria
recommend protection of existing populations, enhancement and
restoration of habitats occupied by depleted populations, and
reintroduction and reestablishment of the species into unoccupied
streams within the historical range. Since information and data are
lacking on conditions of the watersheds and instream habitat in
unoccupied historic range of the species, we do not propose habitat in
these areas, even though we recognize that the interim recovery
criteria includes reintroduction and reestablishment of Topeka shiner
to these areas. We are proposing stream segments occupied by Topeka
shiner, and some stream segments with no records of capture for the
species that connect with occupied stream segments. These connecting
stream segments possess the primary constituent elements necessary for
proposal, and likely harbor the species during some flow conditions.
Examples of habitat use of this type include, upstream movement during
high flows or wet periods, and downstream habitat use during dry
periods or periods of extended drought. Due to this consideration, we
regard all stream segments proposed for critical habitat as within the
geographical area occupied by the species.
Within the geographic area occupied by the species, we are
designating only areas currently known to be ``essential to the
conservation of the species.'' Critical habitat should already have, or
have the potential for developing in the near future, many or all of
the features and habitat characteristics that are necessary to sustain
the species. We do not speculate about what areas might be found to be
essential if better information were available, or what areas may
become essential over time. If information available at the time of
designation does not show an area provides essential support for a
species at any phase of its life cycle, then the area should not be
included in the critical habitat designation. Within the geographic
area occupied by the species, we will not designate areas that do not
now have the primary constituent elements that provide essential life
cycle needs of the species, as defined at 50 CFR 424.12(b).
Furthermore, we recognize designation of critical habitat may not
include all habitat eventually determined as necessary to recover the
species. For these reasons, areas outside the critical habitat
designation will continue to be subject to conservation actions that
may be implemented under section 7(a)(1) and the regulatory protections
afforded by the section 7(a)(2) jeopardy standard and the section 9
take prohibition, as determined on the basis of the best available
information at the time of the action. We specifically anticipate that
federally funded or assisted projects affecting listed species outside
their designated critical habitat areas may still result in jeopardy
findings in some cases. Similarly, critical habitat designations made
on the basis of the best available information at the time of
designation will not control the direction and substance of future
recovery plans, habitat conservation plans, or other species
conservation planning efforts if new information available to those
planning efforts calls for a different outcome.
The proposed critical habitat described below constitutes our best
assessment of areas needed for the conservation of Topeka shiner and is
based on the best scientific and commercial information available. The
proposed areas are essential to the conservation of the species because
they currently support populations of Topeka shiner or provide critical
links or corridors to other habitat for the species. The stream
segments proposed for designation as critical habitat in this proposed
rule are consistent with the preliminary draft recovery plan's first
recovery criterion, which states that recovery of the species will be
recognized as achieved when all naturally occurring populations within
primary and secondary recovery units are determined to be stable or
increasing over a period of 10 years.
Important considerations in selection of areas proposed in this
rule include factors specific to each geographic area, watershed and
stream segment, such as stream size and length, connectivity, and
habitat diversity, as well as range-wide recovery considerations, such
as genetic diversity and representation of major portions of the
species' historical range. The proposed critical habitat reflects the
need for habitat complexes and individual stream reaches of sufficient
size to provide habitat for Topeka shiner populations large enough to
be self-sustaining over time, despite fluctuations in local conditions.
Habitat complexes contain interconnected waters so that Topeka
shiners can move between areas, at least during certain flows or
seasons. The ability of the fish to repopulate areas where they are now
depleted or extirpated is vital to the species' conservation. Some
complexes may include stream reaches with minimal instream habitat, but
which provide migration corridors for Topeka shiners. These corridors
play a vital role in the dispersal of the species and the overall
functioning of the aquatic ecosystem and, therefore, the integrity of
upstream and downstream habitats.
The proposed designation includes representatives of all known
populations of the species so as to conserve and protect genetic
diversity within the species. Information on the Topeka shiner
indicates a high degree of genetic differentiation among many of the
remnant populations (Michels 2000), making conservation of as many of
these populations as possible important to efforts to preserve genetic
diversity.
Uncertainty on upstream and downstream distributional limits of
some populations may result in areas of occupied habitat being excluded
from the designation. Additionally, there are streams with some recent
association with Topeka shiners that may not be proposed for
designation. These could include streams with records of one-time
captures of Topeka shiner; streams for which habitat conditions are
unknown; streams with unprecise, generalized, or questionable capture
locations; and streams with severely altered habitat, lacking the
primary constituent elements (e.g., drainage ditches).
Our determination of which stream segments to propose for
designation used the best scientific information and data available. We
began the process by
[[Page 54268]]
compiling information on the species and its habitat to create draft
maps of potentially suitable stream reaches. We then consulted species
experts in academia, members of the Topeka Shiner Recovery Team, and
biologists from State natural resource and fish and wildlife agencies
familiar with the species or the watersheds in areas with the Topeka
shiner. We also consulted biologists from other Service offices in the
species' range. We asked for their review of the stream reaches
identified on the draft maps, and for any suggested changes or
additions.
Factors considered in determining specific stream segments
included--streams with occupancy and habitat information for the
species; stream reaches with all or some of the primary constituent
elements for Topeka shiners, including those able to attain them in the
foreseeable future; habitat models; information on the species' ecology
and biology; stream morphology and hydrology information; regional
habitat use by the species, such as use of side-channel pools in Iowa,
Minnesota, and the Big Sioux drainage in South Dakota; major habitat
alterations, such as channelization and dams; and information on the
mobility of Topeka shiner in reference to connectivity of adjacent
stream reaches, and to home range and dispersal characteristics.
Information and suggested changes provided by the individuals and
agencies who reviewed the draft maps were carefully considered and
implemented where they were consistent with the Service's criteria for
designating critical habitat.
The proposed designation includes 186 stream segments, encompassing
3,765.9 kilometers (2,340 miles) of streams, including adjacent off-
channel pool habitats in Iowa, Minnesota, and the Big Sioux River
watershed of South Dakota. The stream segments are within 11 major
watersheds in the States of Iowa, Kansas, Minnesota, Nebraska, and
South Dakota. These 186 proposed stream segments encompass 23 stream
complexes (2 or more connecting stream segments) and 18 individual,
isolated streams. No habitat is proposed for Missouri (see Exclusions
from Critical Habitat section below).
Proposed critical habitat includes the stream channels within the
identified stream reaches and off-channel pools and oxbows in the
Minnesota, Iowa, and the Big Sioux River portion of the South Dakota
range. Side channel pools and oxbows that are proposed for designation
are typically either seasonally connected to a stream or have waters
maintained by groundwater inputs. The defining stream elevation for
determining the lateral extent of proposed critical habitat in stream
channels and off-channel or oxbow pools is the elevation equal to the
bankfull discharge stream elevation. The bankfull discharge is the flow
at which water begins leaving the channel and flowing into the
floodplain (Rosgen 1996). This level is generally attained every 1 to 2
years (Leopold et al. 1992). Bankfull discharge, while a function of
the size of the stream, is a fairly constant feature related to the
formation, maintenance, and dimensions of the stream channel (Rosgen
1996).
We propose the following areas for designation as critical habitat.
These areas--(1) Are currently considered occupied or provide critical
links or corridors between occupied habitats and/or potentially
occupied habitat; (2) provide all or some of the primary constituent
elements essential to the conservation of the species; and (3) may
require special management considerations or protection. (See the
Regulation Promulgation section of this rule for legal descriptions and
maps of the boundaries.)
Iowa
Raccoon River Watershed
1. North Raccoon River Complex (19 stream segments), Calhoun,
Carroll, Dallas, Greene, Sac, and Webster Counties, Iowa. Multiple
tributary streams and some of their adjacent off-channel pool habitats
in this complex have recent collection records for Topeka shiners.
While some habitat in these tributaries has been altered (primarily by
channelization and sedimentation), current habitat conditions provide
most or all of the primary constituent elements consistent with
designation as critical habitat. Off-channel pool habitats adjacent to
the mainstem of the North Raccoon River also have been discovered to be
Topeka shiner habitat, and we propose these areas as well. However,
records of Topeka shiners are lacking from the mainstem of the North
Raccoon River itself. It is likely that the mainstem provides an
important dispersal corridor for the species between tributary streams
and off-channel pools adjacent to the mainstem, particularly during
high flow events, but the habitat components within the mainstem itself
do not provide the primary constituent elements necessary for proposing
it for designation as critical habitat. We are proposing 19 stream
segments within portions of the following tributaries and their
qualifying, adjacent off-channel habitat for designation--Indian Creek,
Ditch 57, and Outlet Creek; Camp Creek and West Fork Camp Creek;
Prairie Creek; Lake Creek; Purgatory Creek; Cedar Creek, West Cedar
Creek, and East Cedar Creek; Short Creek; Hardin Creek; Buttrick Creek,
West Buttrick Creek, and East Buttrick Creek; and Elm Branch and Swan
Lake Branch. Additionally, qualifying off-channel pool habitat (as
described in the section on Primary Constituent Elements) adjacent to
the mainstem of the North Raccoon River is proposed for designation.
Boone River Watershed
2. Eagle Creek (one stream segment), Hamilton and Wright Counties,
Iowa. Eagle Creek has several recent collections of Topeka shiner even
though a large portion of its upper basin has been severely altered by
stream channelization and drainage ditch construction. The lower
reaches of Eagle Creek still retain much of its natural stream
morphology, including meanders and pool habitat. We propose the lower
reach of Eagle Creek and qualifying, adjacent off-channel pool habitats
for designation. The upper, channelized, portions of Eagle Creek are
not proposed for designation.
3. Ditch 3 and Ditch 19 Complex (two stream segments), Wright
County, Iowa. The proposed reach of Ditch 3 extends from its confluence
with the Boone River, upstream to the Humboldt County line. Ditch 19
also extends upstream from its confluence with Ditch 3 to the Humboldt
County line. While the general map descriptions of these streams are
termed ``ditches'' due to channelization activities in the past, both
streams have reestablished much of their natural morphology and
instream habitat conditions in the recent past, including meanders and
pool habitats. Habitat components within these streams are consistent
with the Primary Consistent Elements necessary for designation as
critical habitat downstream from the Humboldt County line. Topeka
shiners have been recently captured from both streams. Qualifying off-
channel pool habitat also is proposed. Habitat upstream from the
Humboldt County line is highly modified by channelization and is not
proposed for designation.
Rock River Watershed
4. Rock River Complex (two stream segments in Iowa), Lyon County,
Iowa. The Rock River Complex is comprised of 2 stream segments in Iowa
and 28 stream segments in Minnesota. Topeka shiners have recently been
captured throughout much of the Rock River watershed, both from streams
and adjacent off-channel pools and oxbows.
[[Page 54269]]
We propose the reach of the Rock River from its confluence with
Kanaranzi Creek upstream to the border with Minnesota, and Kanaranzi
Creek from the confluence with the Rock River upstream to the Minnesota
border. Adjacent, qualifying off-channel pool habitats along both
stream segments also are proposed.
5. Little Rock River Complex (one stream segment in Iowa), Lyon and
Osceola Counties, Iowa. The Little Rock River Complex is comprised of
one stream segment in Iowa and two stream segments in Minnesota. Topeka
shiners have recently been captured in portions of the Little Rock
River watershed, both from streams and adjacent off-channel pools and
oxbows. We propose the reach of the Little Rock River from near the
town of Little Rock, Iowa, upstream to the Minnesota border, including
qualifying, adjacent off-channel pool habitat.
Kansas
Big Sioux River Watershed
1. Medary Creek Complex (two stream segments in Minnesota), Lincoln
County, Minnesota. This complex is comprised of two stream segments in
Minnesota and three in South Dakota. Topeka shiners recently have been
captured from several localities in this complex. We propose portions
of Medary Creek and an unnamed tributary, and adjacent off-channel pool
habitat for designation.
2. Flandreau Creek Complex (four stream segments in Minnesota),
Lincoln and Pipestone Counties, Minnesota. This complex is comprised of
four stream segments in Minnesota and one in South Dakota. Topeka
shiners have been recently captured from several localities in this
complex. We proposed portions of Flandreau Creek and an unnamed
tributary, East Branch Flandreau Creek, Willow Creek, and adjacent off-
channel pool habitat for designation.
3. Split Rock/Pipestone/Beaver Creek Complex (18 stream segments in
Minnesota), Pipestone and Rock Counties, Minnesota. This complex is
comprised of 18 stream segments in Minnesota and 7 in South Dakota. The
streams and some of their adjacent off-channel pool habitats in this
complex have recent collection records for the Topeka shiner. While
some habitat in these tributary streams has been altered, primarily by
channelization and sedimentation, current habitat conditions provide
most or all of the primary constituent elements.
Cottonwood River Watershed
1. Fox Creek Complex (three stream segments), Chase County, Kansas.
This complex is characterized by high quality aquatic habitat. Recent
collection records exist from two unnamed tributaries to Fox Creek. We
propose for designation the lower reach of Fox Creek from near Strong
City, Kansas, upstream through the Tallgrass Prairie National Preserve,
an area managed by the U.S. National Park Service, and two unnamed
tributary streams in the Preserve.
2. Diamond Creek Complex (eight stream segments), Chase and Morris
Counties, Kansas. This complex is generally characterized by high-
quality aquatic habitat draining large tracts of tallgrass prairie.
However, an upstream portion of the basin has been largely converted to
rowcropping, with a subsequent decline in aquatic habitat quality.
Recent collection records exist in many of the streams draining the
upland prairie habitat. We propose portions of the following streams
for designation--Diamond Creek from near its confluence with the
Cottonwood River, upstream to the confluence with Sixmile Creek; Gannon
Creek and an unnamed tributary; Mulvane Creek; Schaffer Creek and four
unnamed tributaries; Dodds Creek; Sixmile Creek; Mulberry Creek and an
unnamed tributary; and an unnamed direct tributary to the Cottonwood
River immediately adjacent to, and downstream from, the lower reach of
Diamond Creek.
3. Middle Creek Complex (three stream segments), Chase County,
Kansas. This complex is generally characterized by high-quality aquatic
habitat draining large tracts of tallgrass prairie. However, portions
of the western sub-basins have been converted to rowcropping. There
also are several tributary streams that have had intensive dam
construction, resulting in major changes to habitat and fish
communities. Following dam development in the Stribby Creek drainage of
the Middle Creek Basin, Topeka shiners disappeared both upstream and
downstream from the impoundments. Recent collection records only exist
from two streams--Collett Creek, and an unnamed tributary to Middle
Creek in the lower portion of the basin. We propose portions of the
following streams for designation--the lower reach of Middle Creek and
two adjoining unnamed tributaries; and Collett Creek.
4. South Fork of the Cottonwood River (South Fork) Complex (15
stream segments), Butler, Chase, and Greenwood Counties, Kansas. This
complex is characterized by high-quality aquatic habitat draining large
tracts of tallgrass prairie. Many of the streams within this watershed
have capture records for the species. There are several tributaries,
including one site on the upper mainstem, that were dammed just prior
to the Topeka shiner being listed as an endangered species. There have
been no recent surveys along these streams to determine if Topeka
shiner populations have been affected; however, the species persists in
other portions of the watershed. We propose portions of the following
streams for designation--the mainstem of the South Fork of the
Cottonwood River from its confluence with the Cottonwood River,
upstream to near its headwaters; Sharpes Creek; Rock Creek; Den Creek;
Crocker Creek and an unnamed tributary; Mercer Creek and two unnamed
tributaries; Jack Creek; Thurman Creek and an unnamed tributary; Little
Cedar Creek; Shaw Creek; and Bloody Creek, a direct tributary to the
Cottonwood River immediately downstream from the South Fork of the
Cottonwood River confluence with the mainstem.
5. Mud Creek (one stream segment), Marion County, Kansas. This
watershed is characterized by a mosaic of prairie and cropland. We
propose one stream segment in the upper portion of the Mud Creek
watershed.
Kansas River Watershed
6. Mill Creek Complex (14 stream segments), Wabaunsee County,
Kansas. This complex is generally characterized by high-quality aquatic
habitat draining large tracts of tallgrass prairie. However, much of
the floodplain areas of mainstem Mill Creek and several of its
tributaries have been converted to cropland. This conversion, likely in
combination with intensive instream gravel dredging, has resulted in
headcutting, bank erosion, and the loss of riparian vegetation. There
is a moderate level of tributary dam development, primarily in the
headwaters of the basin, and there are riparian and instream areas
where cattle are over-wintered, resulting in large inputs of nutrients
to the streams during periods of heavy rainfall. Recent collection
records of Topeka shiner exist for many of the streams in the basin,
but their abundance appears to be declining when compared with capture
records from the 1950s-1970s. We propose portions of the following
streams for designation--Mill Creek upstream from State Highway 30;
West Branch Mill Creek; South Branch Mill Creek; East Branch Mill
Creek; Mulberry Creek;
[[Page 54270]]
Spring Creek (a direct tributary to mainstem Mill Creek); Kuenzli
Creek; Paw Paw Creek; Pretty Creek; Hendricks Creek; Loire Creek;
Illinois Creek; Spring Creek (a tributary to West Branch Mill Creek);
and Nehring Creek.
7. Mission Creek (one stream segment), Shawnee and Wabaunsee
Counties, Kansas. This stream is characterized by good aquatic habitat
draining tallgrass prairie uplands and a cultivated floodplain.
Riparian conditions are good and generally appear stable. We propose
the reach of Mission Creek upstream from Interstate Highway 70.
8. Deep Creek Complex (two stream segments), Riley County, Kansas.
The Deep Creek Complex is characterized by high-quality aquatic habitat
draining tallgrass prairie uplands and a partially cultivated
floodplain. Riparian conditions are good and generally appear stable
except for upstream reaches of Deep Creek where intensive instream
gravel mining is occurring, resulting in severe stream bank erosion and
headcutting. Recent records of Topeka shiner exist from the Pilsbury
Crossing area of Deep Creek, and the lower and mid-reaches of School
Creek. We propose portions of the following streams for designation--
Deep Creek from near its confluence with the Kansas River, upstream to
Interstate Highway 70; and approximately the downstream one-half of
School Creek.
9. Wildcat Creek Complex (two stream segments), Riley County,
Kansas. The Wildcat Creek Complex is composed of two stream segments
and drains a variety of landscapes including cultivated cropland,
tallgrass prairie uplands, and woodlands. The lower portion of the
proposed downstream reach drains areas of suburban Manhattan, Kansas.
This suburban reach retains good habitat quality including pool/riffle
complexes, meanders, and stable riparian conditions. Riparian
conditions throughout the proposed reaches are generally in good
condition. Wildcat Creek's aquatic habitat is moderately impacted by
sediment and nutrient inputs from upstream sources. We propose a stream
segment near Riley, Kansas, and a reach from near Keats to Manhattan,
Kansas. We are proposing to exclude the reach of Wildcat Creek flowing
through the Fort Riley Military Installation (see Exclusions from
Critical Habitat section).
10. Clarks Creek Complex (five stream segments), Geary County,
Kansas. These streams can generally be characterized as having good
aquatic habitat draining tallgrass prairie uplands and a partially
cultivated floodplain. Riparian conditions are good and generally
appear stable. Instream gravel mining occurs at variable levels in this
complex. Capture records of Topeka shiner within this complex are
recent. We propose portions of the following streams for designation--a
mid-basin reach of Clarks Creek; Thomas Creek; Davis Creek; Dry Creek;
and West Branch Dry Creek.
11. Lyon Creek Complex (five stream segments), Geary and Dickinson
Counties, Kansas. The Lyon Creek Complex is composed of five stream
segments that drain variable landscapes. Much of the basin,
particularly the western portion, drains a mosaic of prairie uplands
and croplands. Instream habitat conditions vary, with some stream
reaches degraded by heavy sediment and nutrient loading. Watershed
impoundments and ponds are a major feature in several of the sub-
drainages of this watershed, particularly in the southeastern portion
of the Lyon Creek watershed. We propose portions of the following
streams for designation--the lower and mid-basin reaches of Lyon Creek;
Rock Springs Creek; Carry Creek and an unnamed tributary; and West
Branch Lyon Creek.
12. Walnut Creek (one stream segment), Big Blue River Watershed,
Riley County, Kansas. Walnut Creek is characterized by good quality
aquatic habitat. However, this reach at times has limited downstream
refugia due to the backup of floodwaters from Tuttle Creek Reservoir.
The proposed reach is upstream from the flood pool of the reservoir.
Big Blue River Watershed
13. Clear Fork Creek (one stream segment), Marshall and
Pottawatomie Counties, Kansas. Clear Fork Creek is a tributary to the
Black Vermillion River. Their confluence is in the flood pool of Tuttle
Creek Reservoir. This stream is characterized by good aquatic habitat
draining primarily tallgrass prairie uplands and a partially cultivated
floodplain. Riparian conditions are good and generally appear stable.
An apparently stable population of Topeka shiners exists within its
mid-to upper reaches. Clear Fork Creek is a relatively long stream
upstream of the flood pool of the reservoir, with the upper and middle
reaches proposed for designation.
14. North Elm Creek (one stream segment), Marshall County, Kansas.
North Elm Creek is a direct tributary to the Big Blue River near the
Kansas/Nebraska border. This stream is characterized by moderately
degraded instream habitat in many places, as a result of heavy sediment
loading. The watershed is predominantly cropland. However, there are
known areas within this stream with springs and seeps which likely
contribute to the species' continuing existence in this locale. The
proposed reach of North Elm Creek is upstream from its confluence with
the Big Blue River to near its headwaters.
Smoky Hill River Watershed
15. Willow Creek (one stream segment), Wallace County, Kansas. The
available habitat in this stream is a series of spring-fed pools with
good water quality, in a watershed drained by shortgrass prairie and
areas of dryland and irrigated cropping. Good land stewardship on the
property surrounding the permanent pools, in combination with the
spring inflows, are likely the primary factors in the continuing
conservation of this population.
Minnesota
Big Sioux River Watershed
1. Medary Creek Complex (two stream segments in Minnesota), Lincoln
County, Minnesota. This complex is comprised of two stream segments in
Minnesota and three in South Dakota. Topeka shiners recently have been
captured from several localities in this complex. We propose portions
of Medary Creek and an unnamed tributary, and adjacent off-channel pool
habitat for designation.
2. Flandreau Creek Complex (four stream segments in Minnesota),
Lincoln and Pipestone Counties, Minnesota. This complex is comprised of
four stream segments in Minnesota and one in South Dakota. Topeka
shiners have been recently captured from several localities in this
complex. We propose portions of Flandreau Creek and an unnamed
tributary, East Branch Flandreau Creek, Willow Creek, and adjacent off-
channel pool habitat for designation.
3. Split Rock/Pipestone/Beaver Creek Complex (18 stream segments in
Minnesota), Pipestone and Rock Counties, Minnesota. This complex is
comprised of 18 stream segments in Minnesota and 7 in South Dakota. The
streams and some of their adjacent off-channel pool habitats in this
complex have recent collection records for the Topeka shiner. While
some habitat in these tributary streams has been altered, primarily by
channelization and sedimentation, current habitat conditions provide
most or all of the primary constituent elements consistent with
designation as critical habitat. We propose for designation portions
of--Pipestone Creek and two unnamed
[[Page 54271]]
tributaries; North Branch Pipestone Creek and an unnamed tributary; and
Split Rock Creek and five unnamed tributaries; Beaver Creek and two
unnamed tributaries; Little Beaver Creek; Springwater Creek; and
adjacent off-channel pool habitat.
Rock River Watershed
4. Rock River Complex (28 stream segments in Minnesota), Murray,
Nobles, Pipestone, and Rock Counties, Minnesota. The Rock River Complex
is comprised of 28 stream segments in Minnesota and 2 stream segments
in Iowa. Many streams in this complex have been impacted by
channelization and sedimentation to varying degrees. These streams are
characterized by predominantly natural morphology, instream pools, and
a number of off-channel and oxbow pools, with some short reaches of
channelization. Topeka shiners have recently been captured throughout
much of the Rock River watershed, from both streams and adjacent off-
channel pools and oxbows. We propose portions of the following stream
reaches, along with adjacent off-channel pool habitat for designation--
the Rock River from Minnesota/Iowa border, upstream to near Holland,
Minnesota, and six unnamed tributaries; East Branch Rock River and an
unnamed tributary; Kanaranzi Creek, East Branch Kanaranzi Creek, and
three unnamed tributaries; Norwegian Creek and an unnamed tributary;
Ash Creek; Elk Creek and an unnamed tributary; Champepadan Creek and
three unnamed tributaries; Mound Creek; Poplar Creek and an unnamed
tributary; and Chanarambie Creek and North Branch Chanarambie Creek.
5. Little Rock River Complex (two stream segments in Minnesota),
Nobles County, Minnesota. The Little Rock River Complex is comprised of
two stream segment in Minnesota and one stream segment in Iowa. Topeka
shiners have recently been captured in portions of the Little Rock
River watershed, both from streams and adjacent off-channel pools and
oxbows. We propose the reaches of the Little Rock River from the
Minnesota/Iowa border, upstream to near Rushmore, Minnesota, and
portions of Little Rock Creek, including adjacent off-channel pool
habitat.
6. Mud Creek Complex (three stream segments), Rock County,
Minnesota. This complex is comprised of three stream segments. We
propose portions of Mud Creek and two unnamed tributaries, and adjacent
off-channel pool habitat for designation.
Nebraska
1. Taylor Creek (one stream segment), Elkhorn River Watershed,
Madison County, Nebraska. A small population of Topeka shiners exists
in this stream, with two recent captures of the species. This is the
only stream in Nebraska with capture records for the species since
1989, and is the only proposed critical habitat in the greater Platte
River watershed. Taylor Creek is somewhat modified in portions of its
watershed, but retains several of the primary constituent elements
necessary for designation as critical habitat, including stream
morphology, pools, and instream habitat. The proposed reach of Taylor
Creek is upstream from its confluence with Union Creek, near Madison,
Nebraska.
South Dakota
Big Sioux River Watershed
1. Hidewood Creek (one stream segment), Deuel and Hamlin Counties,
South Dakota. We propose to designate critical habitat on Hidewood
Creek from its confluence with the Big Sioux River, to upstream of
State Highway 15, including adjacent off-channel pool habitat.
2. Peg Munky Run (one stream segment), Deuel County, South Dakota.
We propose habitat from State Highway 28, upstream to near Interstate
Highway 29, including adjacent off-channel pool habitat. The downstream
reach of this stream, to the confluence with the Big Sioux River,
provides a possible corridor for dispersal by the species. However,
this reach is highly channelized and does not have the necessary
primary constituent elements present for proposing designation.
3. Sixmile Creek Complex (two stream segments), Brookings County,
South Dakota. Habitat is proposed from near the confluence with the Big
Sioux River, to upstream of White, South Dakota. The proposed reaches
include portions of Sixmile Creek and an unnamed tributary, including
adjacent off-channel pool habitat.
4. Medary Creek Complex (three stream segments), Brookings County,
South Dakota. This complex is comprised of three stream segments in
South Dakota and two in Minnesota. Topeka shiners have recently been
captured from several localities in this complex. We propose for
designation--Medary Creek from the confluence with the Big Sioux River,
upstream to the South Dakota/Minnesota border; and portions of Deer
Creek and an unnamed tributary, and adjacent off-channel pool habitat.
Lower Big Sioux Watershed
5. Spring Creek (one stream segment), Brookings and Moody Counties,
South Dakota. The proposed reach runs from the confluence with the Big
Sioux River, upstream to the South Dakota/Minnesota border, including
adjacent off-channel pool habitat.
6. Flandreau Creek Complex (one stream segment in South Dakota),
Moody County, South Dakota. This complex is comprised of one stream
segment in South Dakota and four stream segments in Minnesota. Topeka
shiners have been recently captured from several localities in this
complex in Minnesota. No known collections exist from the reach
proposed in South Dakota. However, this reach of stream is a likely
dispersal corridor, and could be used as refugia for the species during
long periods of drought. We propose for designation--Flandreau Creek,
and adjacent off-channel pool habitat, from the confluence with the Big
Sioux River, upstream to the South Dakota/Minnesota border.
7. Brookfield Creek (one stream segment), Brookings County, South
Dakota. The stream reach proposed for designation runs upstream from
the confluence with the Big Sioux River, including adjacent off-channel
pool habitat.
8. Slip-Up Creek (one stream segment), Minnehaha County, South
Dakota. The stream reach proposed for designation runs from the
confluence with the Big Sioux River upstream, and includes adjacent
off-channel pool habitat.
9. Split Rock/Pipestone/Beaver Creek Complex (seven stream segments
in South Dakota), Minnehaha and Moody Counties, South Dakota. This
complex is comprised of 7 stream segments in South Dakota and 18 in
Minnesota. The streams and some of their adjacent off-channel pool
habitats in this complex have recent collection records for Topeka
shiner. While some habitat in these tributary streams has been altered,
primarily by channelization and sedimentation, current habitat
conditions provide most or all of the primary constituent elements
consistent with designation as critical habitat. We propose for
designation portions of--Split Rock Creek and an unnamed tributary;
Pipestone Creek and an unnamed tributary; West Pipestone Creek; Beaver
Creek; Fourmile Creek; and adjacent off-channel pool habitat within
these reaches.
Vermillion River Watershed
10. Vermillion River Complex (nine stream segments), Clay, Lincoln,
[[Page 54272]]
McCook, Miner, and Turner Counties, South Dakota. This complex is
comprised primarily of long reaches of the Vermillion River mainstem
and West Fork Vermillion River. Additionally, several tributaries
provide habitat for the species, with conditions varying across the
complex. While some aquatic habitat has been altered, primarily by
channelization and sedimentation, current habitat conditions provide
most or all of the primary constituent elements consistent with
designation as critical habitat. Topeka shiners have been captured in
several locations within this complex, including the mainstem river
reaches. It is likely that the species utilizes these mainstem reaches
as dispersal corridors and refugia during periods of drought. We
propose portions of the following streams for designation--Vermillion
River; West Fork Vermillion River; East Fork Vermillion River; Silver
Lake Creek; Camp Creek; Turkey Ridge Creek; Long Creek; Saddle Creek;
and Blind Creek.
Lower James River Watershed
11. Lonetree Creek Complex (two stream segments), Hutchinson
County, South Dakota. This complex provides the primary constituent
elements necessary for designation as critical habitat, including
natural stream morphology and instream habitat. We propose portions of
Lonetree Creek immediately upstream from its confluence with the James
River, and South Branch Lonetree Creek.
12. Dry Creek Complex (two stream segments), Hutchinson County,
South Dakota. This complex provides the primary constituent elements
necessary for designation as critical habitat, including natural stream
morphology and instream habitat. We propose portions of Dry Creek
upstream from its confluence with the James River and North Branch Dry
Creek.
13. Wolf Creek (one stream segment), Hutchinson County, South
Dakota. This stream is characterized by moderate quality aquatic
habitat draining a mostly grassy floodplain and primarily cultivated
uplands. The stream reach proposed for designation runs upstream from
the confluence with the James River.
14. Twelve-mile Creek (one stream segment), Davison, Hanson, and
Hutchinson Counties, South Dakota. This stream is characterized by
moderate quality aquatic habitat draining a mostly grassy floodplain
and primarily cultivated uplands. The stream reach proposed for
designation upstream runs from the confluence with the James River.
15. Enemy Creek (one stream segment), Davison and Hanson Counties,
South Dakota. This stream is characterized by moderate quality aquatic
habitat draining a mostly grassy floodplain and primarily cultivated
uplands. The stream reach proposed for designation runs upstream from
the confluence with the James River.
16. Rock Creek (one stream segment), Davison, Hanson, and Miner
Counties, South Dakota. This stream is characterized by moderate
quality aquatic habitat draining a grassy floodplain and primarily
cultivated uplands. The stream reach proposed for designation runs
upstream from the confluence with the James River.
17. Firesteel Creek Complex (two stream segments), Aurora and
Davison Counties, South Dakota. This complex provides the primary
constituent elements necessary for designation as critical habitat,
including natural stream morphology and instream habitat. We are
proposing the reach of Firesteel Creek from near the headwaters of Lake
Mitchell upstream to the confluence with West Branch Firesteel Creek
and West Branch Firesteel upstream to near Wilmarth Lake.
Upper James River Watershed
18. Pearl Creek Complex (two stream segments), Beadle County, South
Dakota. The streams in this complex are characterized by quality
aquatic habitat draining a grassy floodplain and primarily cultivated
uplands. Riparian conditions are good and appear stable. Recent records
of Topeka shiners within these stream segments suggest a healthy and
stable population. We propose for designation portions of Pearl Creek
from its confluence with the James River upstream past its confluence
with Middle Pearl Creek and a reach of Middle Pearl Creek upstream from
its confluence with Pearl Creek.
19. Shue Creek (one stream segment), Beadle County, South Dakota.
This stream is characterized by quality aquatic habitat draining a
grassy floodplain and primarily cultivated uplands. The stream reach
proposed for designation runs from Shue Creek's confluence with the
James River upstream to Staum Dam.
Exclusions From Critical Habitat
Section 3(5) of the Act defines critical habitat, in part, as areas
within the geographical area occupied by the species ``on which are
found those physical and biological features (I) essential to the
conservation of the species and (II) which may require special
management considerations and protection.'' Special management
consideration is not required if adequate management or protection is
already in place. Adequate special management consideration or
protection is provided by a legally operative plan or agreement that
addresses the maintenance and improvement of the primary constituent
elements important to the species and manages for the long-term
conservation of the species. We use the following three criteria to
determine if a plan provides adequate special management or
protection--(1) A current plan or agreement must be complete and
provide sufficient conservation benefit to the species; (2) the plan
must provide assurances that the conservation management strategies
will be implemented; and (3) the plan must provide assurances that the
conservation management strategies will be effective, (i.e., provide
for periodic monitoring and revisions as necessary). If all of these
criteria are met, then lands covered under the plan would no longer
meet the definition of critical habitat.
Missouri--Exclusion Under Section 3(5)(A)
In Missouri, the Topeka shiner historically occurred in small,
headwater streams in northern portions of the State, within the
Missouri/Grand River Watershed. This area has been designated as
Primary Recovery Unit 5 by the Topeka Shiner Recovery Team in the
preliminary Draft Topeka Shiner Recovery Plan. The Topeka shiner has
been a focal species for planning and conservation efforts on various
levels in the State since the mid-1990s. In 1995, the Missouri
Department of Conservation (MDC) established a 5-member Topeka shiner
Working Group and a 16-member Advisory Group to direct, implement, and
facilitate Topeka shiner recovery actions in Missouri. In 1996, MDC,
with approval of the Conservation Commission of Missouri (Conservation
Commission), listed the Topeka shiner as an endangered species under
the State's Wildlife Code (Conservation Commission of Missouri 2001).
In January 1999, MDC adopted and approved an Action Plan for the Topeka
shiner (Notropis topeka) in Missouri (Action Plan) (Missouri Department
of Conservation 1999). The Action Plan identifies comprehensive
conservation measures and programs necessary to achieve recovery of the
Topeka shiner in Missouri. Implementation of recovery efforts for the
Topeka shiner in Missouri as outlined in this plan are ongoing. In
1999, the Conservation Commission established the Private Lands
Services Division within MDC. Eighty-three MDC staff were redirected to
private land
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conservation throughout the State, including a minimum of 16 Private
Lands Services personnel with responsibility for the counties in
Primary Recovery Unit 5. Duties of personnel within this division
include the facilitation of conservation efforts on private property
throughout Missouri for all federally listed species, including the
Topeka shiner. Additionally, there are at least 86 fisheries, forestry,
natural history, protection, and wildlife staff delivering services to
private landowners as a routine aspect of their job within Primary
Recovery Unit 5.
Within the Missouri/Grand Watershed in Missouri, the following
Topeka shiner conservation actions have been completed or are ongoing--
(1) Establishment of the Missouri Topeka Shiner Working Group to direct
the recovery of the species throughout the State; (2) the development
and ongoing implementation of the Action Plan; (3) establishment of
permanent sampling sites and standardized monitoring of Missouri's
Topeka shiner populations and completion of a recent state-wide survey
for the species (Gelwicks and Bruenderman 1996); (4) initiation of
artificial propagation of Topeka shiners including the development and
refinement of captive rearing techniques that will be applicable across
the range of the species; (5) completion of genetic analyses of
different populations of Topeka shiners in Missouri; (6) incorporation
of Topeka shiner recovery and conservation efforts in State strategic
planning documents on several different levels (e.g., regional
management guidelines, watershed inventory and assessment plans,
hatchery plans, conservation area plans, various division work plans)
that facilitate the implementation of activities identified in the
State Action Plan and the Service's preliminary draft Recovery Plan;
(7) development and dissemination of public outreach and education
materials throughout Missouri and elsewhere within the range of the
species (e.g., Best Management Plans, posters, pamphlets, ``critter''
collector cards; various articles published in the Missouri
Conservationist magazine); (8) completion and dissemination of several
ecological and life history studies involving Topeka shiner; (9)
securing matching funds from the Service (e.g., Cooperative Endangered
Species Conservation Fund, Partners for Fish and Wildlife) to conduct
surveys and ecological studies, and for various habitat restoration and
enhancement activities; and (10) revision of the Action Plan that will
include actions not yet completed since 1999 and those uncompleted
actions identified in the Service's preliminary draft Recovery Plan.
Revision of the Action Plan will include a detailed implementation
schedule following the Service's time table outlined in the Service's
preliminary draft Recovery Plan.
Other specific Topeka shiner conservation efforts being undertaken
within the Missouri/Grand Watershed in Missouri in accordance with the
Action Plan are--(1) Implementation of a landowner incentive program
and completion of a study on the potential impacts of Confined Animal
Feeding Operations within the Moniteau Creek Watershed; (2) development
of 10-year fish monitoring plans for the Moniteau, Bon Femme, and Sugar
Creek watersheds; (3) development and implementation of a Sugar Creek
sub-basin management plan; (4) development and implementation of a
Three Creeks Conservation Area Management Plan within the Bon Femme
Creek Watershed; (5) protection and management of Bon Femme Creek by
establishing these watersheds as Missouri Department of Natural
Resources' Agricultural Non-point Source Pollution Special Area Land
Treatment watersheds; and (6) reestablishment or restoration of
riparian corridors through tree plantings, natural regeneration,
fencing to restrict livestock use of stream banks, creation of
alternative livestock watering sources, establishment of warm season
grass buffer strips, streambank stabilization activities, and actions
outlined in a grazing plan developed for private landowners within the
Bon Femme, Moniteau, and Sugar Creek watersheds. Additionally, 10
Missouri Stream Teams formally ``adopted'' various stretches of
occupied Topeka shiner habitat within the Bon Femme, Moniteau, and
Sugar Creek watersheds. Stream teams assist in the conservation of the
Topeka shiner in these watersheds by promoting local citizen awareness
of Topeka shiners and stream health, and by direct involvement with
stream cleaning and water quality monitoring activities.
Additional assurances that the Action Plan will be implemented and
conservation of the Topeka shiner will be achieved in Missouri is
demonstrated by the following actions--(1) To date, at least $105,000
has been expended on recovery actions for the Topeka shiner in
Missouri, and is likely to increase to at least $600,000 within the
next 10 years; (2) 80 percent (i.e., 12 of 15) of the priority 1 tasks
(i.e., those actions deemed necessary to prevent extinction of the
species) identified and outlined in the implementation schedule of the
Service's preliminary draft Recovery Plan have either been completed or
are currently being implemented by MDC in cooperation with us, the
Topeka Shiner Recovery Team, and other Federal, State, and private
entities; (3) the Private Land Services Division within MDC greatly
facilitates the implementation of recovery actions on private property
where the species currently exists or where the species may be
reintroduced; (4) planned expansion of our Partners for Fish and
Wildlife Program within Topeka shiner-occupied habitat to benefit an
additional 10-15 landowners at an estimated cost of $100,000 within the
next 5 years (Kelly Srigley Werner, Fish and Wildlife Service Missouri
Private Lands Coordinator, pers. comm.); (5) commitments by MDC
Fisheries and Natural History divisions staff to help coordinate and
implement Topeka shiner recovery efforts between MDC and Federal,
State, and private entities, and MDC's Topeka Shiner Recovery
Coordinator; (6) active participation by MDC on the Topeka Shiner
Recovery Team; and (7) revisions to the Action Plan, scheduled for
completion within the current calendar year, will focus on
incorporating any of the recovery actions outlined in the Service's
preliminary draft Recovery Plan that are currently not addressed. The
scientific soundness of MDC's Action Plan was further validated by us
and the Recovery Team when the Action Plan's monitoring protocol and
recommendations for reducing and eliminating threats to the Topeka
shiner were incorporated, in part, into the Service's preliminary draft
Recovery Plan.
We evaluated the Action Plan and associated Topeka shiner
conservation actions that have been completed, ongoing, or planned in
Missouri against our three criteria used to determine whether lands
require ``special management considerations or protections,'' under the
definition of critical habitat in section 3 of the Act. The Action Plan
clearly provides conservation benefits to the species; the Action Plan
provides assurances that conservation efforts will be implemented since
MDC has authority to implement the plan, has put in place the funding
and staffing necessary to implement the Plan, and has completed or
begun work on many significant elements of the Plan; and the Action
Plan and efforts of MDC will be effective since they include biological
goals, restoration objectives, and monitoring consistent with the
preliminary draft
[[Page 54274]]
Recovery Plan. Therefore, we determined that all Topeka shiner areas in
Missouri (Primary Recovery Unit 5) do not meet the definition of
critical habitat because there is adequate special management or
protection, and we did not include them in this proposal.
Fort Riley, Kansas (Department of the Army)--Exclusion Under Section
3(5)(A)
The Fort Riley Military Installation, located in Riley and Geary
Counties, Kansas, is primarily an infantry and tank training facility.
Fort Riley lies within the Flint Hills Region of Kansas and has several
low order streams that drain to the Kansas River. Presently, the Topeka
shiner occurs in four streams on Fort Riley--Wildcat Creek and its
tributaries, Wind Creek, Little Arkansas Creek, and Sevenmile Creek.
These streams are within Primary Recovery Unit 1, as designated by the
preliminary draft Topeka Shiner Recovery Plan.
The Topeka shiner has been a focal species for planning and
conservation efforts on Fort Riley since the early 1990s, with numerous
stream surveys occurring from this time to the present. Development of
management guidelines for the species was initialized in 1994. The
first Endangered Species Management Plan for Topeka Shiner on Fort
Riley was formalized in 1997. This management plan was revised and
incorporated into Fort Riley's Integrated Natural Resource Management
Plan 2001-2005, which was formalized July 30, 2001 (Keating, Ft. Riley
Natural Resources Division, pers. comm. 2002). This management plan
outlines and describes--conservation goals; management prescriptions
and actions; a monitoring plan; estimates of time, cost, and personnel
needed; a checklist of tasks; and an annual report (Department of the
Army 2001).
We evaluated the Fort Riley Endangered Species Management Plan for
Topeka Shiner and the Fort's associated Topeka shiner conservation
actions that have been completed, ongoing, or planned, against our
three criteria used to determine whether lands require ``special
management considerations or protections,'' under the definition of
critical habitat in section 3 of the Act. This management plan provides
conservation benefits to the species; the plan provides assurances that
conservation efforts will be implemented; and the plan and efforts of
the Army will be effective since they include biological goals,
restoration objectives, and monitoring consistent with the draft
Recovery Plan. Therefore, we determine that all Topeka shiner areas on
Fort Riley do not meet the definition of critical habitat because there
is adequate special management or protection, and we did not include
them in this proposal.
Land Ownership
The vast majority (approximately 98 percent) of proposed critical
habitat is in private ownership. Private lands are primarily used for
grazing and agriculture, but also include some urban, suburban, and
industrial areas. Additionally, there are small, scattered tracts of
State and Federal lands.
Effects of Critical Habitat Designation
Designating critical habitat does not, in itself, lead to the
recovery of a listed species. The designation does not establish a
reserve, create a management plan, establish numerical population
goals, prescribe specific management practices (inside or outside of
critical habitat), or directly affect areas not designated as critical
habitat. Specific management recommendations for areas designated as
critical habitat are most appropriately addressed in recovery and
conservation plans, and through section 7 consultation and section 10
permits.
However, designation of critical habitat can help focus
conservation activities for listed species by identifying areas
essential to conserve the species. Designation of critical habitat also
alerts the public, as well as land-managing agencies, to the importance
of these areas. As a result of critical habitat designation, Federal
agencies may be able to prioritize landowner incentive programs such as
Conservation Reserve Program enrollment and other private landowner
agreements that benefit the Topeka shiner. Critical habitat designation
also may assist States and local governments in prioritizing their
conservation and land management programs.
Section 7 Consultation
The regulatory effects of a critical habitat designation under the
Act are triggered through the provisions of section 7, which apply only
to activities conducted, authorized, or funded by a Federal agency
(Federal actions). Regulations implementing this interagency
cooperation provision of the Act are codified at 50 CFR 402.
Individuals, organizations, States, local governments, and other non-
Federal entities are not affected by the designation of critical
habitat unless their actions occur on Federal lands, require Federal
authorization, or involve Federal funding.
Section 7(a)(2) of the Act requires Federal agencies, including us,
to insure that their actions are not likely to jeopardize the continued
existence of a listed species or result in the destruction or adverse
modification of designated critical habitat. This requirement is met
through section 7 consultation under the Act. Adverse modification
might result from alterations that include, but are not limited to,
adverse changes to the physical or biological features, i.e., the
primary constituent elements that were the basis for determining the
habitat to be critical.
Conference for Proposed Critical Habitat
Section 7(a)(4) of the Act requires Federal agencies to confer with
us on any action that is likely to result in the destruction or adverse
modification of proposed critical habitat. The regulations for
interagency cooperation regarding proposed critical habitat are
codified at 50 CFR 402.10. During a conference on the effects of a
Federal action on proposed critical habitat, we make nonbinding
recommendations on ways to minimize or avoid adverse effects of the
action. We document these recommendations and any conclusions reached
in a conference report provided to the Federal agency and to any
applicant involved.
If requested by the Federal agency and deemed appropriate by us,
the conference may be conducted in accordance with the procedures for
formal consultation under 50 CFR 402.14. We may adopt an opinion issued
at the conclusion of the conference as our biological opinion when the
critical habitat is designated by final rule, but only if new
information or changes to the proposed Federal action would not
significantly alter the content of the opinion.
Consultation for Designated Critical Habitat
If a Federal action may affect a listed species or its designated
critical habitat, the action agency must initiate consultation with us
(50 CFR 402.14). Through this consultation, we would advise the agency
whether the action would likely jeopardize the continued existence of
the species or adversely modify its critical habitat.
When we issue a biological opinion that concludes that an action is
likely to result in the destruction or adverse modification of critical
habitat, we must provide reasonable and prudent alternatives to the
action, if any are identifiable. Reasonable and prudent alternatives
are actions identified during consultation that can be implemented in a
manner consistent with the intended purpose of the proposed action, are
[[Page 54275]]
consistent with the scope of the action agency's authority and
jurisdiction, are economically and technologically feasible, and would
likely avoid the destruction or adverse modification of critical
habitat (50 CFR 402.02).
Reinitiation of Prior Consultations
A Federal agency may request a conference with us for any
previously reviewed action that is likely to destroy or adversely
modify proposed critical habitat and over which the agency retains
discretionary involvement or control, as described above under
``Conference for Proposed Critical Habitat.'' Following designation of
critical habitat, regulations at 50 CFR 402.16 require a Federal agency
to reinitiate consultation for previously reviewed actions that may
affect critical habitat and over which the agency has retained
discretionary involvement or control.
Federal Actions That May Destroy or Adversely Modify Topeka Shiner
Critical Habitat
Section 4(b)(8) of the Act requires us to include in any proposed
or final regulation that designates critical habitat a description and
evaluation of those activities involving a Federal action that may
adversely modify such habitat or that may be affected by such
designation. A wide range of Federal activities have the potential to
destroy or adversely modify critical habitat for the Topeka shiner.
These activities may include land and water management actions of
Federal agencies (e.g., U.S. Army Corps of Engineers, Natural Resources
Conservation Service, and Bureau of Reclamation), and related or
similar actions of other federally regulated projects (e.g., road and
bridge construction activities by the Federal Highway Administration;
dredge and fill projects, sand and gravel mining, and bank
stabilization activities conducted or authorized by the U.S. Army Corps
of Engineers; and National Pollutant Discharge Elimination System
permits authorized by the Environmental Protection Agency).
Specifically, activities that may destroy or adversely modify critical
habitat are those that alter the primary constituent elements (defined
above) to an extent that the value of critical habitat for both the
survival and recovery of the Topeka shiner is appreciably reduced. Such
activities include, but are not limited to:
(1) Significantly and detrimentally altering the minimum flow or
the natural flow regime of any of the designated stream segments.
Possible actions include groundwater pumping, impoundment, and water
diversion. We note that flow reductions that result from actions
affecting tributaries of the proposed stream reaches also may destroy
or adversely modify critical habitat;
(2) Significantly and detrimentally altering the characteristics of
the riparian zone in any of the designated stream segments. Possible
actions would include vegetation manipulation, timber harvest, road
construction and maintenance, livestock grazing, off-road vehicle use,
powerline or pipeline construction and repair, mining, and urban and
suburban development;
(3) Significantly and detrimentally altering the channel morphology
of any of the stream segments listed above. Possible actions include
channelization, impoundment, road and bridge construction, deprivation
of substrate source, destruction and alteration of riparian vegetation,
reduction of available floodplain, removal of gravel or floodplain
terrace materials, reduction in stream flow, and excessive
sedimentation from mining, livestock grazing, road construction, timber
harvest, off-road vehicle use, and other watershed and floodplain
disturbances;
(4) Significantly and detrimentally altering the water chemistry in
any of the designated stream segments. Possible actions include release
of chemical or biological pollutants into the surface water or
connected groundwater at a point source or by dispersed release (non-
point); and
(5) Introducing, spreading, or augmenting nonnative aquatic species
in any of the designated stream segments. Possible actions include fish
stocking for sport, aesthetics, biological control, or other purposes;
use of live bait fish; aquaculture; construction and operation of
canals; and interbasin water transfers.
Not all of the identified activities are necessarily of current
concern within the range of the Topeka shiner; however, they do
indicate the potential types of activities that will require
consultation in the future and, therefore, may be affected by critical
habitat designation. We note that the areas we propose for designation
as critical habitat for the Topeka shiner are occupied by the species,
and actions that adversely modify critical habitat may also jeopardize
the continued existence of the species.
As discussed previously, Federal actions that are found likely to
destroy or adversely modify critical habitat may often be modified,
through development of reasonable and prudent alternatives, in ways
that will remove the likelihood of destruction or adverse modification
of critical habitat. Such project modifications may include such things
as adjusting the timing of projects to avoid sensitive periods for the
species and its habitat; replanting riparian vegetation; minimizing
work and vehicle use in the wetted channel; restricting riparian and
upland vegetation clearing; fencing to exclude livestock and limit
recreational use; use of alternative livestock management techniques;
avoidance of pollution; minimizing ground disturbance in the
floodplain; use of alternative material sources; storage of equipment
and staging of operations outside the floodplain; use of sediment
barriers; access restrictions; and use of best management practices to
minimize erosion.
If you have questions regarding whether specific activities will
likely constitute destruction or adverse modification of critical
habitat, contact the Field Supervisor, Kansas Ecological Services Field
Office (see ADDRESSES section). Requests for copies of the regulations
on listed wildlife and inquiries about prohibitions and permits may be
addressed to the U.S. Fish and Wildlife Service, Division of Endangered
Species, P.O. Box 25486, Denver Federal Center, Denver, Colorado 80225
(telephone 303-236-7400; facsimile 303-236-0027).
A preliminary draft recovery plan for the Topeka shiner has been
developed and is undergoing internal review prior to being formally
proposed, peer-reviewed by scientists, and published to solicit public
comments. The recovery plan, when finalized, will provide
recommendations on recovering this species, including recommendations
on management of critical habitat. Should the recovery plan recommend
adding or deleting areas as critical habitat, we will consider whether
a future revision of critical habitat is appropriate.
Economic Analysis
Section 4(b)(2) of the Act requires us to designate critical
habitat on the basis of the best scientific and commercial information
available, and to consider the economic and other relevant impacts of
designating these areas as critical habitat. We may exclude areas from
critical habitat upon a determination that the benefits of such
exclusions outweigh the benefits of designating these areas as critical
habitat. We cannot exclude areas from critical habitat when the
exclusion will result in the extinction of the species. We will conduct
an analysis of the economic impacts of designating these areas as
critical habitat prior to a final determination. When completed, we
will announce the availability of the
[[Page 54276]]
draft economic analysis with a notice in the Federal Register, and, if
necessary, reopen the comment period at the time to accept comments on
the economic analysis or further comments on the proposed rule. The
economic analysis will be available at http://mountain-prairie.fws.gov/topekashiner/ch. This economic analysis will serve as the basis of our
analysis under section 4(b)(2), and of any exclusions. As this economic
analysis is not yet completed, we are not yet able to identify proposed
exclusions under section 4(b)(2) in this proposed rule. We will review
this analysis, public comments on the analysis and this proposed rule,
and the benefits of designating areas as critical habitat; we may
identify certain proposed areas that should be excluded from the final
critical habitat designation, provided these exclusions will not result
in the extinction of the species. As a result, the final critical
habitat determination may differ from this proposal.
American Indian Tribal Rights, Federal-Tribal Trust
Responsibilities, and the Endangered Species Act
In accordance with the Presidential Memorandum of April 29, 1994,
we believe that, to the maximum extent possible, tribes should be the
governmental entities to manage their lands and tribal trust resources.
To this end, we support tribal measures that preclude the need for
conservation regulations, and we provide technical assistance to Indian
tribes who wish assistance in developing and expanding tribal programs
for the management of healthy ecosystems so that Federal conservation
regulations, such as designation of critical habitat, on tribal lands
are unnecessary. The Presidential Memorandum of April 29, 1994, also
requires us to consult with the tribes on matters that affect them, and
section 4(b)(2) of the Act requires us to gather information regarding
the designation of critical habitat and the effects thereof from all
relevant sources, including the tribes.
In examining the geographic extent of areas proposed for
designation as critical habitat, we did not identify any tribal trust
resources, tribally owned fee lands, or tribal rights that might be
affected by the designation. Our South Dakota Field Office corresponded
with the Bureau of Indian Affairs (BIA), Great Plains Regional Office,
which identified two potentially affected tribes, the Sisseton--
Wahpeton Sioux Tribe and the Flandreau Santee Sioux Tribe. The BIA
communicated that these tribes do have land held in trust, either by
the tribe or individuals, within the general range of the Topeka
shiner, but did not provide locality information. We further contacted
the tribes. The Sisseton--Wahpeton Sioux Tribe responded with general
information on potential Topeka shiner habitat on their tribal lands
and requested funding from the Service and the BIA for surveys for the
Topeka shiner. However, up to the time of this publication, no maps
identifying the location of these trust lands have been provided.
Therefore, we are unable to identify any tribal trust lands potentially
proposed for designation as critical habitat. We do not anticipate that
proposal of critical habitat on non-tribal lands will result in any
impact on tribal trust resources or the exercise of tribal rights. In
complying with our tribal trust responsibilities, we must communicate
with all tribes potentially affected by the designation. Therefore, we
are soliciting additional information during the comment period on
potential effects to the tribes or tribal resources that may result
from critical habitat designation.
Public Comments Solicited
We intend for any final action resulting from this proposal to be
as accurate and effective as possible. Therefore, we are soliciting
comments or suggestions from the public, other concerned governmental
agencies, the scientific community, industry, or any other interested
party regarding this proposed rule. We particularly seek comments
concerning:
(1) The reasons why any habitat should or should not be determined
to be critical habitat as provided by section 4 of the Act, including
whether the benefits of excluding areas will outweigh the benefits of
including areas as critical habitat;
(2) Specific information on the abundance of the Topeka shiner and
the amount and distribution of its habitat;
(3) Areas that are essential to the conservation of the species and
that may require special management considerations or protection and
why;
(4) Land use practices and current or planned activities in the
subject areas and their possible impacts on proposed critical habitat;
(5) Any foreseeable economic or other impacts resulting from the
proposed designation of critical habitat, in particular, any impacts on
small entities or families; and
(6) Economic and other values associated with designating critical
habitat for the Topeka shiner, such as those derived from
nonconsumptive uses (e.g., hiking, camping, birding, enhanced watershed
protection, increased soil retention, existence values, and reductions
in administrative costs).
Our practice is to make comments that we receive on this
rulemaking, including names and home addresses of respondents,
available for public review during regular business hours. Individual
respondents may request that we withhold their home address from the
rulemaking record, which we will honor to the extent allowable by law.
In some circumstances, we would withhold from the rulemaking record a
respondent's identity, as allowable by law. If you wish for us to
withhold your name and/or address, you must state this request
prominently at the beginning of your comment. However, we will not
consider anonymous comments. We will make all submissions from
organizations or businesses, including the individuals identifying
themselves as representatives or officials of organizations or
businesses, available for public inspection in their entirety.
Clarity of the Rule
Executive Order 12866 requires each agency to write regulations and
notices that are easy to understand. We invite your comments on how to
make this proposed rule easier to understand including answers to
questions such as the following:
(1) Are the requirements in the document clearly stated?
(2) Does the proposed rule contain technical language or jargon
that interferes with the clarity?
(3) Does the format of the proposed rule (grouping and order of
sections, use of headings, paragraphing, etc.) aid or reduce its
clarity?
(4) Is the description of the proposed rule in the SUPPLEMENTARY
INFORMATION section of the preamble helpful in understanding the
document?
(5) What else could we do to make the proposed rule easier to
understand?
Send a copy of any comments that concern how we could make this
proposed rule easier to understand to--Office of Regulatory Affairs,
Department of the Interior, Room 7229, 1849 C Street, NW., Washington,
DC 20240. You also may e-mail comments to [email protected].
Peer Review
In accordance with our policy published on July 1, 1994 (59 FR
34270), we will seek the expert opinions of at least three appropriate
and independent specialists regarding this proposed rule. The purpose
of such review is to ensure listing decisions are based on
scientifically sound data, assumptions, and analyses. We will
[[Page 54277]]
send copies of this proposed rule immediately following publication in
the Federal Register to these peer reviewers. We will invite these peer
reviewers to comment, during the public comment period, on the specific
assumptions and conclusions regarding the proposed designation of
critical habitat. We will consider all comments and information
received during the comment period on this proposed rule during
preparation of a final rulemaking. Accordingly, the final decision may
differ from this proposal.
Public Hearings and Meetings
The Act provides for one or more public hearings or meetings on
this proposal, if requested. Given the large geographic extent covered
by this proposal, we have scheduled six public meetings.
Public meetings will be held at:
1. Manhattan, KS, on September 4, 2002, at the Ramada Inn, Landon
Room, 17th and Anderson Avenue;
2. Bethany, MO, on September 5, 2002, at the Bethany Community
Center, 105 North 25th Street;
3. Fort Dodge, IA, on September 9, 2002, at the Best Western
Starlite Village, 1518 3rd Avenue NW.;
4. Pipestone, MN, on September 10, 2002, at the Pipestone National
Monument;
5. Sioux Falls, SD, on September 11, 2002, at the Country Inn and
Suites, Riverfront Room, 200 East 8th Street;
6. Madison, NE., on September 12, 2002, at the Shelter House, 300
West 10th Street.
All public meetings will run from 6 p.m. to 9 p.m.
Required Determinations
Regulatory Planning and Review
In accordance with Executive Order 12866, this document is a
significant rule and was reviewed by the Office of Management and
Budget (OMB). The Service is preparing a draft economic analysis of
this proposed rule, and will use this analysis to meet the requirement
of section 4(b)(2) of the ESA to determine the economic consequences of
designating the specific areas as critical habitat and excluding any
area from critical habitat if it is determined that the benefits of
exclusion outweigh the benefits of specifying such areas as part of the
critical habitat, unless failure to designate such areas as critical
habitat will lead to the extinction of the Topeka shiner. This analysis
will be available for public comment before finalizing this
designation. The availability of the draft economic analysis will be
announced in the Federal Register.
Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
In the economic analysis, we will determine whether designation of
critical habitat will have a significant effect on a substantial number
of small entities. As discussed under Regulatory Planning and Review
above, this rule is expected to result in few, if any, restrictions in
addition to those currently in existence. As indicated on Table 1 (see
Critical Habitat Designation), we designated property owned by Federal
and State governments, and private entities.
Within these areas, the types of Federal actions or authorized
activities that we have identified as potential concerns are:
(1) Regulation of activities affecting waters of the United States
by the Corps under section 404 of the Clean Water Act, and section 10
of the Rivers and Harbors Act;
(2) Regulation of water flows, water delivery, and diversion by
Federal agencies;
(3) Sale, exchange, or lease of lands owned by a Federal agency;
(4) Road construction and maintenance and right-of-way designation;
(5) Funding of low-interest loans to facilitate the construction of
low-income housing by the Department of Housing and Urban Development;
(6) Hazard mitigation and post-disaster repairs funded by the
Federal Emergency Management Agency;
(7) Promulgation of air and water quality standards under the Clean
Air Act and the Clean Water Act and the cleanup of toxic waste and
superfund sites under the Resource Conservation and Recovery Act and
the Comprehensive Environmental Response, Compensation, and Liability
Act by the U.S. Environmental Protection Agency;
(8) Issuance of Endangered Species Act section 10(a)(1)(B) permits
by the Fish and Wildlife Service; and
(9) Activities funded, carried out, or authorized by any Federal
agency.
Many of these activities sponsored by Federal agencies within the
proposed critical habitat areas are carried out by small entities (as
defined by the Regulatory Flexibility Act) through contract, grant,
permit, or other Federal authorization. As discussed above, these
actions are currently required to comply with the listing protections
of the Act, and the designation of critical habitat is not anticipated
to have any additional effects on these activities in areas of critical
habitat occupied by the species. In the economic analysis, we will
evaluate whether designation of critical habitat will have an effect on
activities carried out by small entities.
For actions on non-Federal property that do not have a Federal
connection (such as funding or authorization), the current restrictions
concerning take of the species remain in effect, and this rule will
have no additional restrictions.
Small Business Regulatory Enforcement Fairness Act (5 U.S.C. 804(2))
In the economic analysis, we will determine whether designation of
critical habitat will cause--(a) Any effect on the economy of $100
million or more, (b) any increases in costs or prices for consumers,
individual industries, Federal, State, Tribal, or local government
agencies, or geographic regions, or (c) any significant adverse effects
on competition, employment, investment, productivity, innovation, or
the ability of United States-based enterprises to compete with foreign-
based enterprises.
Executive Order 13211
On May 18, 2001, the President issued an Executive Order (Executive
Order 13211) on regulations that significantly affect energy supply,
distribution, and use. Executive Order 13211 requires agencies to
prepare Statements of Energy Effects when undertaking certain actions.
As this proposed rule is not expected to significantly affect energy
supplies, distribution, or use, this action is not a significant energy
action and no Statement of Energy Effects is required.
Unfunded Mandates Reform Act
In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501
et seq.) the Service will use the economic analysis to further evaluate
this situation.
Takings
In accordance with Executive Order 12630, this rule does not have
significant takings implications, and a takings implication assessment
is not required. This determination will not ``take'' private property
and will not alter the long-term value of private property. As
discussed above, the designation of critical habitat affects only
Federal agency actions. The rule will not increase or decrease the
current restrictions on private property concerning take of Topeka
shiner as defined in section 9 of the Act and its implementing
regulations (50 FR 17.31). Due to current public knowledge of the
species' protection, the prohibition against take of Topeka shiner both
within and outside of the proposed areas, and the fact that critical
habitat
[[Page 54278]]
provides no incremental restrictions, we do not anticipate that
property values will be affected by the critical habitat designation.
While real estate market values may temporarily decline following
designation, due to the perception that critical habitat designation
may impose additional regulatory burdens on land use, we expect any
such impacts to be short term. Additionally, critical habitat
designation does not preclude development of habitat conservation plans
and issuance of incidental take permits. Landowners in areas that are
included in the designated critical habitat will continue to utilize
their property in ways consistent with the conservation of the Topeka
shiner.
Federalism
In accordance with Executive Order 13132, the rule does not have
significant Federalism effects. A Federalism assessment is not
required. In keeping with Department of the Interior policy, the
Service requested information from and coordinated development of this
critical habitat proposal with appropriate State resource agencies in
Iowa, Kansas, Minnesota, Missouri, Nebraska, and South Dakota, as well
as during the listing process. We will continue to coordinate any
future designation of critical habitat for Topeka shiner with the
appropriate State agencies. The designation of critical habitat for the
Topeka shiner imposes few additional restrictions to those currently in
place and, therefore, has little incremental impact on State and local
governments and their activities. The designation may have some benefit
to these governments in that the areas essential to the conservation of
the species are more clearly defined and the primary constituent
elements of the habitat necessary to the conservation of the species
are specifically identified. While making this definition and
identification does not alter where and what federally sponsored
activities may occur, doing so may assist these local governments in
long-range planning (rather than waiting for case-by-case section 7
consultations to occur).
Civil Justice Reform
In accordance with Executive Order 12988, the Office of the
Solicitor has determined that the rule does not unduly burden the
judicial system and meets the requirements of sections 3(a) and 3(b)(2)
of the Order. We are proposing to designate critical habitat in
accordance with the provisions of the Act and plan public meetings on
the proposed designation during the comment period. The rule uses
standard property descriptions and identifies the primary constituent
elements within the designated areas to assist the public in
understanding the habitat needs of the Topeka shiner.
Paperwork Reduction Act of 1995
This rule does not contain any information collection requirements
for which OMB approval under the Paperwork Reduction Act is required.
Information collections associated with Endangered Species permits are
covered by an existing OMB approval and are assigned control number
1018-0094, which expires on July 31, 2004. An agency may not conduct or
sponsor, and a person is not required to respond to a collection of
information unless it displays a valid OMB control number.
National Environmental Policy Act
Our position is that, outside the Tenth Circuit, we do not need to
prepare environmental analyses as defined by the National Environmental
Policy Act (NEPA) in connection with designating critical habitat under
the Endangered Species Act of 1973, as amended. We published a notice
outlining our reasons for this determination in the Federal Register on
October 25, 1983 (48 FR 49244). This assertion was upheld in the courts
of the Ninth Circuit (Douglas County v. Babbitt, 48 F .3d 1495 (Ninth
Cir. Ore. 1995), cert. denied 116 S. Ct. 698 (1996)). However, when the
range of the species includes States within the 10th Circuit, pursuant
to the 10th Circuit ruling in Catron County Board of Commissioners v.
U.S. Fish and Wildlife Service, 75 F .3d 1429 (10th Cir. 1996), we will
complete a NEPA analysis with an Environmental Assessment. The range of
the Topeka shiner includes States within the 10th Circuit; therefore,
we are completing an Environmental Assessment and will announce its
availability in the Federal Register.
Government-to-Government Relationship With Tribes
In accordance with the President's memorandum of April 29, 1994,
``Government-to-Government Relations with Native American Tribal
Governments'' (59 FR 22951), Executive Order 13175, and 512 DM 2, we
readily acknowledge our responsibility to communicate meaningfully with
recognized Federal Tribes on a government-to-government basis. We are
required to assess the effects of critical habitat designation on
tribal lands and tribal trust resources. We believe that no tribal
lands or tribal trust resources are essential for the conservation of
the Topeka shiner.
References Cited
A complete list of all references cited in this proposed rule is
available upon request from the Kansas Ecological Services Field Office
(see ADDRESSES).
Author
The primary author of this proposed rule is Vernon Tabor, Kansas
Ecological Services Field Office (see ADDRESSES).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Proposed Regulation Promulgation
Accordingly, we propose to amend part 17, subchapter B of chapter
I, title 50 of the Code of Federal Regulations as set forth below:
PART 17--[AMENDED]
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.
2. Amend Sec. 17.11(h), by revising the entry for ``Shiner,
Topeka'' under ``FISHES'' to read as follows:
Sec. 17.11 Endangered and threatened wildlife.
* * * * *
(h) * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Species Vertebrate
-------------------------------------------------------- population where Critical Special
Historic range endangered or Status When listed habitat rules
Common name Scientific name threatened
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Fishes
[[Page 54279]]
* * * * * * *
Shiner, Topeka................... (Notropis U.S.A. (IA, KS, MN, Entire............. E 654 17.95(e) N/A
topeka=tristis). MO, NE, SD).
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
3. Amend Sec. 17.95(e) by adding critical habitat for the Topeka
shiner (Notropis topeka) in the same alphabetical order as this species
occurs in Sec. 17.11(h).
Sec. 17.95 Critical habitat--fish and wildlife.
* * * * *
(e) Fishes. * * *
Topeka Shiner (Notropis topeka)
(1) Critical habitat is depicted for Calhoun, Carroll, Dallas,
Greene, Hamilton, Lyon, Osceola, Sac, Webster, and Wright Counties,
Iowa; Butler, Chase, Dickinson, Geary, Greenwood, Marion, Marshall,
Morris, Pottawatomie, Riley, Shawnee, Wabaunsee, and Wallace
Counties, Kansas; Lincoln, Murray, Nobles, Pipestone, and Rock
Counties, Minnesota; Madison County, Nebraska; Aurora, Beadle,
Brookings, Clay, Davison, Deuel, Hamlin, Hanson, Hutchinson,
Lincoln, McCook, Miner, Minnehaha, Moody, and Turner Counties, South
Dakota, on the maps and as described below.
(2) Critical habitat includes all proposed stream channels up to
the bankfull discharge elevation. Additionally, in Iowa, Minnesota,
and the Big Sioux River drainage of South Dakota, the off-channel,
side-channel, and oxbow pools at elevations at or below the bankfull
discharge elevation. Bankfull discharge is the flow at which water
begins to leave the channel and move into the floodplain and
generally occurs with a frequency of every 1 to 2 years.
(3) Within these areas, the primary constituent elements
include, but are not limited to, those habitat components that are
essential for the primary biological needs of foraging, sheltering,
and reproduction. These elements include the following for Topeka
shiner--(1) Streams most often with permanent flow, but that can
become intermittent during dry periods; (2) Side channel pools and
oxbows either seasonally connected to a stream or maintained by
groundwater inputs, at a surface elevation equal to or lower than
the bankfull discharge stream elevation. The bankfull discharge is
the flow at which water begins leaving the channel and flowing into
the floodplain; this level is generally attained every 1 to 2 years.
Bankfull discharge, while a function of the size of the stream, is a
fairly constant feature related to the formation, maintenance, and
dimensions of the stream channel; (3) Streams and side channel pools
with water quality necessary for unimpaired behavior, growth, and
viability of all life stages. (The water quality components
include--temperature, turbidity, conductivity, salinity, dissolved
oxygen, pH, chemical contaminants, and other chemical
characteristics); (4) Living and spawning areas for adult Topeka
shiner with pools or runs with water velocities less than 0.5
meters/second (approx. 20 inches/second) and depths ranging from
0.1-2.0 meters (approx. 4-80 inches); (5) Living areas for juvenile
Topeka shiner with water velocities less than 0.5 meters/second
(approx. 20 inches/second) with depths less than 0.25 meters
(approx. 10 inches) and moderate amounts of instream aquatic cover,
such as woody debris, overhanging terrestrial vegetation, and
aquatic plants; (6) Sand, gravel, cobble, and silt substrates with
amounts of fine sediment and substrate embeddedness that allows for
nest building and maintenance of nests and eggs by native Lepomis
sunfishes (green sunfish, orangespotted sunfish, longear sunfish)
and Topeka shiner as necessary for reproduction, unimpaired
behavior, growth, and viability of all life stages; (7) An adequate
terrestrial, semiaquatic, and aquatic invertebrate food base that
allows for unimpaired growth, reproduction, and survival of all life
stages; (8) A hydrologic regime capable of forming, maintaining, or
restoring the flow periodicity, channel morphology, fish community
composition, off-channel habitats, and habitat components described
in the other primary constituent elements; and (9) Few or no
nonnative predatory or competitive nonnative species present.
(4) Critical habitat was identified using--the Fifth Principal
Meridian in Iowa, Missouri, and Minnesota; the Sixth Principal
Meridian in Kansas and Nebraska; U.S. Geological Survey 30*60 minute
(1:100,000) quadrangle maps; the National Hydrography Dataset
(1:100,000) for hydrology; and Digital Line Graph (1:2,000,000) for
county and State boundaries.
(5) Map 1 follows:
BILLING CODE 4310-55-P
[[Page 54280]]
[GRAPHIC] [TIFF OMITTED] TP21AU02.000
[[Page 54281]]
North Raccoon River Complex
1a. Indian Creek from its confluence with the North Raccoon
River (T87N, R35W, Sec. 24), upstream through T87N, R35W, Sec. 29.
1b. Tributary to Indian Creek (Ditch 57), from their confluence
(T87N, R35W, Sec. 23), upstream to the confluence with the outlet
creek from Black Hawk Lake (T86N, R36W, Sec. 1).
1c. Outlet Creek from Black Hawk Lake from its confluence with
Ditch 57 (T86N, R36W, Sec. 1), upstream to lake outlet (T87N, R35W,
Sec. 35).
2a. Camp Creek from its confluence with the North Raccoon River
(T86N, R34W, Sec. 7), upstream through T87N, R34W, Sec. 8.
2b. West Fork Camp Creek from its confluence with Camp Creek
(T87N, R34W, Sec. 8), upstream through T88N, R34W, Sec. 32.
3. Prairie Creek from its confluence with the North Raccoon
River (T86N, R34W, Sec. 16), upstream through T87N, R34W, Sec. 35.
4. Lake Creek from its confluence with the North Raccoon River
(T86N, R34W, Sec. 23), upstream through T87N, R33W, Sec. 25.
5. Purgatory Creek from its confluence with the North Raccoon
River (T84N, R33W, Sec. 11), upstream through T86N, R32W, Sec. 17.
6a. Cedar Creek from its confluence with the North Raccoon River
(T85N, R32W, Sec. 33), upstream to the confluence of West Cedar
Creek and East Cedar Creek (T87N, R31W, Sec. 31).
6b. West Cedar Creek from its confluence with East Cedar Creek
(T87N, R31W, Sec. 31), upstream through T87N, R31W, Sec. 18.
6c. East Cedar Creek from its confluence with West Cedar Creek
(T87N, R31W, Sec. 31), upstream through T87N, R31W, Sec. 9.
7. Short Creek from its confluence with the North Raccoon River
(T84N, R31W, Sec. 33), upstream through T84N, R31W, Sec. 28.
8. Hardin Creek from its confluence with the North Raccoon River
(T83N, R30W, Sec. 23), upstream through T85N, R31W, Sec. 27.
9a. Buttrick Creek from its confluence with the North Raccoon
River (T83N, R30W, Sec. 26), upstream to the confluence of West
Buttrick Creek and East Buttrick Creek (T84N, R30W, Sec. 25).
9b. West Buttrick Creek, from its confluence with East Buttrick
Creek (T84N, R30W, Sec. 25), upstream through T86N, R30W, Sec. 3.
9c. East Buttrick Creek, from its confluence with West Buttrick
Creek (T84N, R30W, Sec. 25), upstream through T85N, R29W, Sec. 20.
10a. Elm Branch from its confluence with the North Raccoon River
(T81N, R28W, Sec. 28), upstream to its confluence with Swan Lake
Branch T81N, R28W, Sec. 28.
10b. Swan Lake Branch from its confluence with Elm Branch (T81N,
R28W, Sec. 28), upstream through T80N, R28W, Sec. 4.
11. Off-channel and side-channel pools (that meet the previously
described criteria) adjacent to the North Raccoon River from U.S.
Highway 6 (T79N, R27W, Sec. 32), upstream to U.S. Highway 20 (T88N,
R36W, Sec. 24).
(6) Map 2 follows:
BILLING CODE 4310-55-P
[[Page 54282]]
[GRAPHIC] [TIFF OMITTED] TP21AU02.001
[[Page 54283]]
12. Eagle Creek from its confluence with the Boone River (T89N,
R25W, Sec. 6), upstream through T91N, R25W, Sec. 30.
Ditch 3 and Ditch 19 Complex
13a. Ditch 3 from its confluence with the Boone River (T91N, R26W,
Sec. 32), upstream through T91N, R26W, Sec. 30.
13b. Ditch 19 from its confluence with Ditch 3 (T91N, R26W, Sec.
31), upstream through T91N, R26W, Sec. 31.
(7) Map 3 follows:
BILLING CODE 4310-55-P
[[Page 54284]]
[GRAPHIC] [TIFF OMITTED] TP21AU02.002
[[Page 54285]]
Rock River Complex
14. Rock River from its confluence with Kanaranzi Creek (T100N,
R45W, Sec. 28), upstream to the Iowa/Minnesota State border (T100N,
R45W, Sec. 8).
15. Kanaranzi Creek from its confluence with the Rock River (T100N,
R45W, Sec. 28), upstream to the Iowa/Minnesota State border (T100N,
R45W, Sec. 11).
Little Rock River Complex
16. Little Rock River from State Highway 9 (T100N, R43W, Sec. 34),
upstream to the Iowa/Minnesota State border (T100N, R42W, Sec. 7).
(8) Map 4 follows:
BILLING CODE 4310-55-P
[[Page 54286]]
[GRAPHIC] [TIFF OMITTED] TP21AU02.003
[[Page 54287]]
Fox Creek Complex
1a. Fox Creek from U.S. Highway 50 (T19S, R8E, Sec. 17), upstream
through T18S, R8E, Sec. 29.
1b. Unnamed tributary to Fox Creek, from their confluence (T18S,
R8E, Sec. 32), upstream through T18S, R8E, Sec. 31.
1c. Unnamed tributary to Fox Creek, from their confluence (T18S,
R8E, Sec. 29), upstream through T18S, R8E, Sec. 19.
Diamond Creek Complex
2a. Diamond Creek from U.S. Highway 50 (T19S, R7E, Sec. 14),
upstream to its confluence with Sixmile Creek (T17S, R6E, Sec. 21).
2b. Gannon Creek from its confluence with Diamond Creek (T19S, R7E,
Sec. 10), upstream through T18S, R7E, Sec. 24; and an unnamed tributary
to Gannon Creek, from their confluence (T18S, R7E, Sec. 34), upstream
through T18S, R7E, Sec. 14.
2c. Mulvane Creek from its confluence with Diamond Creek (T18S,
R7E, Sec. 33), upstream through T18S, R7E, Sec. 16.
2d. Schaffer Creek from its confluence with Diamond Creek (T18S,
R7E, Sec. 17), upstream through T17S, R7E, Sec. 33; an unnamed
tributary stream from its confluence with Schaffer Creek (T18S, R7E,
Sec. 5), upstream through T17S, R7E, Sec. 32; an unnamed tributary
stream from its confluence with Schaffer Creek (T18S, R7E, Sec. 5),
upstream through T18S, R7E, Sec. 3; an unnamed tributary stream from
its confluence with Schaffer Creek (T18S, R7E, Sec. 8), upstream
through T18S, R7E, Sec. 4; and an unnamed tributary stream from its
confluence with Schaffer Creek (T18S, R7E, Sec. 8), upstream through
T18S, R7E, Sec. 8.
2e. Dodds Creek from its confluence with Diamond Creek (T17S, R6E,
Sec. 26), upstream through T17S, R6E, Sec. 1.
2f. Sixmile Creek from its confluence with Diamond Creek (T17S,
R6E, Sec. 22), upstream to its confluence with Mulberry Creek (T17S,
R6E, Sec. 21).
2g. Mulberry Creek from its confluence with Sixmile Creek (T17S,
R6E, Sec. 21), upstream through T17S, R6E, Sec. 30; and an unnamed
tributary to Mulberry Creek from their confluence (T17S, R6E, Sec. 30),
upstream through T17S, R6E, Sec. 30.
2h. Unnamed tributary to the Cottonwood River from their confluence
(T19S, R7E, Sec. 12), upstream through T18S, R8E, Sec. 30.
Middle Creek Complex
3a. Middle Creek from U.S. Highway 50 (T19S, R7E, Sec. 22),
upstream to its confluence with Stribby Creek (T19S, R6E, Sec. 8).
3b. Collett Creek from its confluence with Middle Creek (T19S, R7E,
Sec. 18), upstream through T18S, R6E, Sec. 26).
3c. Unnamed tributary to Middle Creek, from their confluence (T19S,
R6E, Sec. 10), upstream through T18S, R6E, Sec. 33); and an unnamed
tributary to the first tributary, from their confluence, upstream
through T18S, R6E, Sec. 34.
South Fork of the Cottonwood River (South Fork) Complex
4a. South Fork from its confluence with the Cottonwood River (T19S,
R8E, Sec. 25), upstream through T23S, R8E, Sec. 21.
4b. Sharpes Creek from its confluence with the South Fork (T20S,
R8E, Sec. 34), upstream through T21S, R8E, Sec. 36.
4c. Rock Creek from its confluence with the South Fork (T20S, R8E,
Sec. 33), upstream through T21S, R7E, Sec. 14.
4d. Den Creek from its confluence with Rock Creek (T20S, R8E, Sec.
31), upstream through T20S, R8E, Sec. 30.
4e. Crocker Creek from its confluence with the South Fork (T21S,
R8E, Sec. 31), upstream through T22S, R7E, Sec. 1.
4f. Unnamed tributary to Crocker Creek from their confluence (T21S,
R8E, Sec. 31), upstream through T21S, R8E, Sec. 31.
4g. Mercer Creek from its confluence with the South Fork (T22S,
R8E, Sec. 8), upstream through T22S, R8E, Sec. 31.
4h. Jack Creek from its confluence with Mercer Creek (T22S, R8E,
Sec. 18), upstream through T22S, R7E, Sec. 14.
4i. Unnamed tributary to Mercer Creek, from their confluence (T22S,
R8E, Sec. 19), upstream through T22S, R7E, Sec. 26.
4j. Unnamed tributary to Mercer Creek, from their confluence (T22S,
R8E, Sec. 19), upstream through T22S, R8E, Sec. 31.
4k. Thurman Creek from its confluence with the South Fork (T22S,
R8E, Sec. 29), upstream through T23S, R9E, Sec. 17.
4l. Unnamed tributary to Thurman Creek, from their confluence
(T23S, R8E, Sec. 1), upstream through T22S, R9E, Sec. 31.
4m. Little Cedar Creek from its confluence with the South Fork
(T22S, R8E, Sec. 8), upstream through T22S, R8E, Sec. 25.
4n. Shaw Creek from its confluence with Little Cedar Creek (T22S,
R8E, Sec. 16), upstream through T22S, R8E, Sec. 14.
4o. Bloody Creek from its confluence with the Cottonwood River
(T19S, R9E, Sec. 29), upstream through T20S, R9E, Sec. 34.
5. Mud Creek from the south section line of T19S, R3E, Sec. 13,
upstream through T18S, R3E, Sec. 28.
(9) Map 5 follows:
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[[Page 54288]]
[GRAPHIC] [TIFF OMITTED] TP21AU02.004
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Mill Creek Complex
6a. Mill Creek from Kansas Highway 30 (T11S, R12E, Sec. 26),
upstream to the confluence of West Branch Mill Creek and South Branch
Mill Creek (T12S, R10E, Sec. 15).
6b. Mulberry Creek from its confluence with Mill Creek (T11S, R11E,
Sec. 25), upstream through T11S, R11E, Sec. 10.
6c. Spring Creek from its confluence with Mill Creek (T11S, R11E,
Sec. 28), upstream through T11S, R11E, Sec. 21.
6d. Kuenzli Creek from its confluence with Mill Creek (T11S, R11E,
Sec. 33), upstream through T12S, R11E, Sec. 21.
6e. Paw Paw Creek from its confluence with Mill Creek (T11S, R11E,
Sec. 31), upstream through T11S, R10E, Sec. 13.
6f. Pretty Creek from its confluence with Mill Creek (T11S, R10E,
Sec. 36), upstream to Kansas Highway 99 (T11S, R10E, Sec. 22).
6g. Hendricks Creek from its confluence with Mill Creek (T12S,
R10E, Sec. 2), upstream through T11S, R10E, Sec. 31.
6h. West Branch Mill Creek from its confluence with South Branch
Mill Creek (T12S, R10E, Sec. 15), upstream through T13S, R9E, Sec. 20.
6i. Loire Creek from its confluence with West Branch Mill Creek
(T12S, R10E, Sec. 29), upstream through T12S, R9E, Sec. 11.
6j. Illinois Creek from its confluence with West Branch Mill Creek
(T12S, R10E, Sec. 30), upstream through T13S, R9E, Sec. 11.
6k. Spring Creek from its confluence with West Branch Mill Creek
(T12S, R10E, Sec. 30), upstream through T12S, R9E, Sec. 21.
6l. South Branch Mill Creek from its confluence with West Branch
Mill Creek (T12S, R10E, Sec. 15), upstream to Kansas Highway 4/99
(T13S, R10E, Sec. 26).
6m. East Branch Mill Creek from its confluence with South Branch
Mill Creek (T12S, R10E, Sec. 35), upstream through T13S, R11E, Sec. 22.
6n. Nehring Creek from its confluence with East Branch Mill Creek
(T13S, R10E, Sec. 1), upstream through T13S, R11E, Sec. 15.
7. Mission Creek from Interstate Highway 70 (T11S, R14E, Sec. 33),
upstream to the confluence of North Branch Mission Creek and South
Branch Mission Creek (T13S, R12E, Sec. 1).
Deep Creek Complex
8a. Deep Creek from Kansas Highway 18 (T10S, R9E, Sec. 26),
upstream to Interstate Highway 70 (T11S, R8E, Sec. 26).
8b. School Creek from its confluence with Deep Creek (T11S, R9E,
Sec. 6), upstream through T11S, R8E, Sec. 2.
Wildcat Creek Complex
9a. Wildcat Creek from Kansas Highway 18/Ft. Riley Boulevard (T10S,
R7E, Sec. 24), upstream to the Ft. Riley boundary near Keats, Kansas
(T10S, R6E, Sec. 1).
9b. Wildcat Creek from the Ft. Riley boundary near Riley, Kansas
(T9S, R5E, Sec. 12), upstream to U.S. Highway 77 (T9S, R5E, Sec. 3).
Clarks Creek Complex
10a. Clarks Creek from its confluence with Humboldt Creek (T11S,
R6E, Sec. 35), upstream to its confluence with Thomas Creek (T12S, R6E,
Sec. 34).
10b. Thomas Creek from its confluence with Clarks Creek (T12S, R6E,
Sec. 34), upstream through T13S, R6E, Sec. 34.
10c. Davis Creek from its confluence with Thomas Creek (T13S, R6E,
Sec. 2), upstream through T13S, R7E, Sec. 31.
10d. Dry Creek from its confluence with Clarks Creek (T12S, R6E,
Sec. 23), upstream through T13S, R7E, Sec. 22.
10e. West Branch Dry Creek from its confluence with Dry Creek
(T13S, R7E, Sec. 16), upstream through T13S, R7E, Sec. 21.
Lyon Creek Complex
11a. Lyon Creek from U.S. Highway 77 (T13S, R5E, Sec. 3), upstream
to the confluence with West Branch Lyon Creek (T15S, R4E, Sec. 2).
11b. Rock Springs Creek from its confluence with Lyon Creek (T13S,
R5E, Sec. 3), upstream through T14S, R5E, Sec. 5.
11c. Carry Creek from its confluence with Lyon Creek (T13S, R5E,
Sec. 31), upstream through T15S, R3E, Sec. 10.
11d. Unnamed tributary to Carry Creek from their confluence (T14S,
R4E, Sec. 19), upstream through T14S, R3E, Sec. 24.
11e. West Branch Lyon Creek from its confluence with Lyon Creek
(T15S, R4E, Sec. 2), upstream through T15S, R3E, Sec. 25.
(10) Map 6 follows:
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[GRAPHIC] [TIFF OMITTED] TP21AU02.005
[[Page 54291]]
12. Walnut Creek from the east section line of T7S, R6E, Sec. 19,
upstream through T8S, R5E, Sec. 1.
13. Clear Fork Creek from its confluence with Jim Creek (T5S, R9E,
Sec. 17), upstream through T6S, R10E, Sec. 18.
14. North Elm Creek from its confluence with the Big Blue River
(T1S, R7E, Sec. 11), upstream through T1S, R8E, Sec. 21.
(11) Map 7 follows:
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[[Page 54292]]
[GRAPHIC] [TIFF OMITTED] TP21AU02.006
15. Willow Creek from its confluence with the Smoky Hill River
(T13S, R41W, Sec. 17), upstream through T13S, R42W, Sec. 3.
(12) Map 8 follows:
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[GRAPHIC] [TIFF OMITTED] TP21AU02.007
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Medary Creek Complex
1a. Medary Creek from the MN/SD state border (T109N, R47W, Sec.
13), upstream through T110N, R46W, Sec. 21.
1b. Unnamed tributary to Medary Creek, from their confluence
(T109N, R46W, Sec. 18), upstream through T110N, R46W, Sec. 30.
Flandreau Creek Complex
2a. Flandreau Creek from the Minnesota/South Dakota State border
(T107N, R47W, Sec. 13), upstream through (T109N, R45W, Sec. 31).
2b. Unnamed tributary to Flandreau Creek, from their confluence
(T108N, R46W, Sec. 11), upstream through T108N, R45W, Sec. 6.
2c. East Branch Flandreau Creek from its confluence with Flandreau
Creek (T108N, R46W, Sec. 14), upstream through T108N, R45W, Sec. 4.
2d. Willow Creek from its confluence with Flandreau Creek (T107N,
R46W, Sec. 6), upstream through T109N, R46W, Sec. 3.
Split Rock/Pipestone/Beaver Creek Complex
3a. Pipestone Creek from the Minnesota/South Dakota State border
(T106N, R47W, Sec. 23), upstream through T106N, R46W, Sec. 1.
3b. Unnamed tributary to Pipestone Creek, from their confluence
(T106N, R47W, Sec. 24), upstream through T106N, R46W, Sec. 19.
3c. Unnamed tributary to Pipestone Creek, from the Minnesota/South
Dakota State border (T105N, R47W, Sec. 2), upstream through T105N,
R46W, Sec. 1.
3d. North Branch Pipestone Creek from its confluence with Pipestone
Creek (T107N, R46W, Sec. 5), upstream through T108N, R45W, Sec. 23.
3e. Unnamed tributary to North Branch Pipestone Creek, from their
confluence (T108N, R45W, Sec. 22), upstream through T108N, R45W, Sec.
15.
3f. Split Rock Creek from the Minnesota/South Dakota State border
(T103N, R47W, Sec. 2), upstream to Split Rock Lake Outlet (T105N, R46W,
Sec. 20).
3g. Unnamed tributary to Split Rock Creek from the Minnesota/South
Dakota State border (T103N, R47W, Sec. 23), upstream through T103N,
R46W, Sec. 29.
3h. Unnamed tributary to Split Rock Creek, from their confluence
(T103N, R47W, Sec. 2), upstream through T103N, R46W, Sec. 8.
3i. Unnamed tributary to Split Rock Creek, from their confluence
(T104N, R47W, Sec. 25), upstream through T104N, R46W, Sec. 19.
3j. Pipestone Creek from its confluence with Split Rock Creek
(T104N, R47W, Sec. 23), upstream to the Minnesota/South Dakota State
border (T104N, R47W, Sec. 23).
3k. Unnamed tributary to Split Rock Creek, from their confluence
(T104N, R46W, Sec. 6), upstream through T105N, R46W, Sec. 36.
3l. Split Rock Creek from the headwater of Split Rock Lake (T105N,
R46W, Sec. 15), upstream through T106N, R46W, Sec. 35.
3m. Unnamed tributary to Split Rock Creek, from their confluence
(T105N, R46W, Sec. 3), upstream through T105N, R46W, Sec. 2.
3n. Beaver Creek from the Minnesota/South Dakota State border
(T102N, R47W, Sec. 35), upstream through T104N, R45W, Sec. 20.
3o. Springwater Creek from its confluence with Beaver Creek (T102N,
R47W, Sec. 35), upstream through T102N, R46W, Sec. 6.
3p. Little Beaver Creek from its confluence with Beaver Creek
(T102N, R46W, Sec. 12), upstream through T103N, R45W, Sec. 9.
3q. Unnamed tributary to Beaver Creek, from their confluence
(T102N, R46W, Sec. 1), upstream through T103N, R46W, Sec. 35.
3r. Unnamed tributary to Beaver Creek, from their confluence
(T103N, R45W, Sec. 18), upstream through T104N, R46W, Sec. 36.
Rock River Complex
4a. Rock River from the Minnesota/Iowa State border (T101N, R45W,
Sec. 36), upstream through T107N, R44W, Sec. 7.
4b. Kanaranzi Creek from the Minnesota/Iowa State border (T101N,
R44W, Sec. 33), upstream through T103N, R42W, Sec. 7).
4c. Norwegian Creek from its confluence with Kanaranzi Creek
(T101N, R44W, Sec. 25), upstream through T101N, R43W, Sec. 21.
4d. Unnamed tributary to Norwegian Creek, from their confluence
(T101N, R44W, Sec. 20), upstream through T101N, R44W, Sec. 16.
4e. East Branch Kanaranzi Creek from its confluence with Kanaranzi
Creek (T102N, R42W, Sec. 5), upstream through T102N, R41W, Sec. 5.
4f. Unnamed tributary to East Branch Kanaranzi Creek, from their
confluence (T102N, R42W, Sec. 9), upstream through T102N, R42W, Sec.
22.
4g. Unnamed tributary to East Branch Kanaranzi Creek, from their
confluence (T102N, R42W, Sec. 5), upstream through T102N, R42W, Sec. 5.
4h. Unnamed tributary to Kanaranzi Creek, from their confluence
(T102N, R43W, Sec. 31), upstream through T102N, R43W, Sec. 27.
4i. Ash Creek from its confluence with the Rock River (T101N, R45W,
Sec. 24), upstream through T101N, R45W, Sec. 14.
4j. Elk Creek from its confluence with the Rock River (T102N, R45W,
Sec. 36), upstream through T103N, R43W, Sec. 22.
4k. Unnamed tributary to Elk Creek, from their confluence (T102N,
R44W, Sec. 1), upstream through T102N, R43W, Sec. 6.
4l. Champepadan Creek from its confluence with the Rock River
(T103N, R44W, Sec. 29), upstream through T104N, R43W, Sec. 14.
4m. Unnamed tributary to Champepadan Creek, from their confluence
(T104N, R43W, Sec. 14), upstream through T104N, R43W, Sec. 13.
4n. Unnamed tributary to Champepadan Creek, from their confluence
(T103N, R44W, Sec. 23), upstream through T103N, R44W, Sec. 24.
4o. Unnamed tributary to Champepadan Creek, from their confluence
(T103N, R44W, Sec. 23), upstream through T103N, R44W, Sec. 12.
4p. Unnamed tributary to the Rock River, from their confluence
(T103N, R44W, Sec. 8), upstream through T104N, R44W, Sec. 26.
4q. Mound Creek from its confluence with the Rock River (T103N,
R44W, Sec. 30), upstream through T104N, R45W, Sec. 35).
4r. Unnamed tributary to the Rock River, from their confluence
(T103N, R44W, Sec. 7), upstream through T104N, R45W, Sec. 23.
4s. Unnamed tributary to the Rock River, from their confluence
(T104N, R44W, Sec. 28), upstream through T104N, R44W, Sec. 11.
4t. Unnamed tributary to the Rock River, from their confluence
(T104N, R44W, Sec. 16), upstream through T104N, R44W, Sec. 10.
4u. Poplar Creek from its confluence with the Rock River (T104N,
R44W, Sec. 5), upstream through T105N, R45W, Sec. 32.
4v. Unnamed tributary to Poplar Creek, from their confluence
(T105N, R45W, Sec. 27, upstream through T105N, R45W, Sec. 9.
4w. Chanarambie Creek from its confluence with the Rock River
(T105N, R44W, Sec. 33), upstream through (T105N, R42W, Sec. 8).
4x. North Branch Chanarambie Creek from its confluence with
Chanarambie
[[Page 54295]]
Creek (T105N, R43W, Sec. 8), upstream through T106N, R43W, Sec. 18.
4y. Unnamed tributary to the Rock River, from their confluence
(T105N, R44W, Sec. 8), upstream through T106N, R45W, Sec. 36.
4z. Unnamed tributary to the Rock River, from their confluence
(T106N, R44W, Sec. 33), upstream through T106N, R44W, Sec. 23.
4aa. East Branch Rock River from its confluence with the Rock River
(T106N, R44W, Sec. 18), upstream through T107N, R44W, Sec. 27.
4bb. Unnamed tributary to East Branch Rock River, from their
confluence (T107N, R44W, Sec. 34), upstream through T107N, R44W, Sec.
35.
Little Rock River Complex
5a. Little Rock River from the Minnesota/Iowa State border (T101N,
R42W, Sec. 35), upstream through T102N, R41W, Sec. 27.
5b. Little Rock Creek from its confluence with the Little Rock
River (T101N, R42W, Sec. 26), upstream through T102N, R42W, Sec. 34.
Mud Creek Complex
6a. Mud Creek from the Minnesota/Iowa State border (T102N, R46W,
Sec. 34), upstream thru T101N, R46W, Sec. 11.
6b. Unnamed tributary to Mud Creek, from their confluence (T101N,
R46W, Sec. 22), upstream through T101N, R46W, Sec. 24.
6c. Unnamed tributary to Mud Creek, from their confluence (T101N,
R46W, Sec. 10), upstream through T101N, R46W, Sec. 1.
(13) Map 9 follows:
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[[Page 54296]]
[GRAPHIC] [TIFF OMITTED] TP21AU02.008
1. Taylor Creek from its confluence with Union Creek (T22N, R1W,
Sec. 32), upstream through T22N, R2W, Sec. 22.
(14) Map 10 follows:
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[[Page 54297]]
[GRAPHIC] [TIFF OMITTED] TP21AU02.009
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1. Hidewood Creek from its confluence with the Big Sioux River
(T113N, R51W, Sec. 15), upstream to State Highway 15 (T115N, R49W, Sec.
35).
2. Peg Munky Run from State Highway 28 (T113N, R50W, Sec. 20),
upstream through T113N, R50W, Sec. 24 (near Interstate Highway 29).
Sixmile Creek Complex
3a. Sixmile Creek from T110N, R50W, Sec. 33, upstream through
T112N, R48W, Sec. 19.
3b. Unnamed tributary to Sixmile Creek, from their confluence
(T112N, R48W, Sec. 31), upstream through T112N, R48W, Sec. 33.
Medary Creek Complex
4a. Medary Creek from its confluence with the Big Sioux River
(T108N, R49W, Sec. 6), upstream to the SD/MN state border (T109N, R47W,
Sec. 15).
4b. Deer Creek from its confluence with Medary Creek (T109N, R49W,
Sec. 16), upstream through T111N, R47W, Sec. 30.
4c. Unnamed tributary to Deer Creek, from their confluence (T111N,
R48W, Sec. 35), upstream through T111N, R48W, Sec. 11.
(15) Map 11 follows:
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[[Page 54299]]
[GRAPHIC] [TIFF OMITTED] TP21AU02.010
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5. Spring Creek from its confluence with the Big Sioux River
(T107N, R48W, Sec. 5), upstream to the South Dakota/Minnesota State
border (T109N, R47W, Sec. 34).
Flandreau Creek Complex
6. Flandreau Creek from its confluence with the Big Sioux River
(T107N, R48W, Sec. 23), upstream to the South Dakota/Minnesota State
border (T107N, R47W, Sec. 15).
7. Brookfield Creek from its confluence with the Big Sioux River
(T105N, R49W, Sec. 24), upstream through T106N, R48W, Sec. 28.
8. Slip-Up Creek from it confluence with the Big Sioux River
(T102N, R49W, Sec. 36), upstream through T103N, R48W, Sec. 6.
Split Rock/Pipestone/Beaver Creek Complex
9a. Split Rock Creek from its confluence with the Big Sioux River
(T101N, R48W, Sec. 16), upstream to the South Dakota/Minnesota State
border (T103N, R47W, Sec. 3).
9b. Pipestone Creek from the South Dakota/Minnesota State border
(T104N, R47W, Sec. 22), upstream to the SD/MN state border (T106N,
R47W, Sec. 22).
9c. Unnamed tributary to Pipestone Creek, from their confluence
(T105N, R47W, Sec. 9), upstream to the South Dakota/Minnesota State
border (T105N, R47W, Sec. 3).
9d. Unnamed tributary to Split Rock Creek, from their confluence
(T103N, R47W, Sec. 17), upstream to the South Dakota/Minnesota State
border (T103N, R47W, Sec. 22).
9e. West Pipestone Creek from its confluence with Split Rock Creek
(T102N, R48W, Sec. 11), upstream through T104N, R48W, Sec. 3.
9f. Beaver Creek from its confluence with Split Rock Creek (T101N,
R48W, Sec. 10), upstream to the South Dakota/Minnesota State border
(T102N, R47W, Sec. 34).
9g. Fourmile Creek from its confluence with Beaver Creek (T101N,
R48W, Sec. 13), upstream to the South Dakota/Minnesota State border
(T101N, R47W, Sec. 15).
(16) Map 12 follows:
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[[Page 54301]]
[GRAPHIC] [TIFF OMITTED] TP21AU02.011
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Vermillion River Complex
10a. Vermillion River from the southeast corner of T94N, R52W, Sec.
14, upstream to the confluence of West Fork Vermillion River and East
Fork Vermillion River (T99N, R53W, Sec. 14).
10b. East Fork Vermillion River, from its confluence with the West
Fork Vermillion River (T99N, R53W, Sec. 14), upstream to East
Vermillion Lake Dam (T102N, R53W, Sec. 34).
10c. West Fork Vermillion River, from its confluence with the East
Fork Vermillion River (T99N, R53W, Sec. 14), upstream through T105N,
R56W, Sec. 1.
10d. Silver Lake Creek from its confluence with the West Fork
Vermillion River (T100N, R55W, Sec. 10), upstream to the Silver Lake
outlet (T100N, R55W, Sec. 30).
10e. Camp Creek from its confluence with the Vermillion River
(T99N, R52W, Sec. 32), upstream through T99N, R52W, Sec. 7.
10f. Turkey Ridge Creek from its confluence with the Vermillion
River (T96N, R52W, Sec. 28), upstream through T98N, R54W, Sec. 31.
10g. Long Creek from its confluence with the Vermillion River
(T97N, R51W, Sec. 31), upstream through T99N, R52W, Sec. 3.
10h. Saddle Creek from its confluence with Long Creek (T97N, R51W,
Sec. 20), upstream through T97N, R50W, Sec. 18.
10i. Blind Creek from its confluence with the Vermillion River
(T95N, R52W, Sec. 11), upstream through T96N, R51W, Sec. 26.
(17) Map 13 follows:
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[GRAPHIC] [TIFF OMITTED] TP21AU02.012
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Lonetree Creek Complex
11a. Lonetree Creek from its confluence with the James River (T97N,
R58W, Sec. 14), upstream to its confluence with South Branch Lonetree
Creek (T97N, R58W, Sec. 10).
11b. South Branch Lonetree Creek from its confluence with Lonetree
Creek (T97N, R58W, Sec. 10), upstream through T97N, R59W, Sec. 23.
Dry Creek Complex
12a. Dry Creek from its confluence with the James River (T99N,
R59W, Sec. 11), upstream through T98N, R59W, Sec. 9.
12b. North Branch Dry Creek from its confluence with Dry Creek
(T99N, R59W, Sec. 28), upstream through T99N, R61W, Sec. 27.
13. Wolf Creek from its confluence with the James River (T99N,
R57W, Sec. 31), upstream through T99N, R57W, Sec. 4.
14. Twelvemile Creek from its confluence with the James River
(T99N, R59W, Sec. 3), upstream through T101N, R61W, Sec. 23.
15. Enemy Creek from its confluence with the James River (T102N,
R59W, Sec. 15), upstream through T102N, R61W, Sec.19.
16. Rock Creek from its confluence with the James River (T103N,
R60W, Sec. 13), upstream through T106N, R57W, Sec. 34.
Firesteel Creek Complex
17a. Firesteel Creek from the east section line of T104N, R61W,
Sec. 36, upstream to the confluence with West Branch Firesteel Creek
(T104N, R62W, Sec. 30).
17b. West Branch Firesteel Creek from its confluence with Firesteel
Creek (T104N, R62W, Sec. 30), upstream to Wilmarth Lake outlet (T105N,
R64W, Sec. 31).
(18) Map 14 follows:
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[GRAPHIC] [TIFF OMITTED] TP21AU02.013
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Pearl Creek Complex
18a. Pearl Creek from its confluence with the James River (T109N,
R61W, Sec. 15), upstream through T112N, R59W, Sec. 16.
18b. Middle Pearl Creek from its confluence with Pearl Creek
(T109N, R60W, Sec. 4), upstream through T110N, R59W, Sec. 14.
19. Shue Creek from its confluence with the James River (T111N,
R61W, Sec. 11), upstream to Staum Dam (T113N, R59W, Sec. 14).
* * * * *
Dated: August 12, 2002.
Craig Manson,
Assistant Secretary for Fish, Wildlife, and Parks.
[FR Doc. 02-20939 Filed 8-20-02; 8:45 am]
BILLING CODE 4310-55-C