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Federal Register / Vol. 59, No. 54 / Monday, March 21, 1994 / Rules and Regulations 13397
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<br />and if exclusion is not likely to result in
<br />the extinction of the species.
<br />Issue 70: Many respondents stated the
<br />need for balance between economic and
<br />environmental issues.
<br />-Service Response: The Enonom
<br />Analysis and public comments were
<br />used by the Service during the
<br />exclusionprvicess to achieve a balance
<br />between the needs of these species and
<br />economic- and other concerns. The
<br />exclusion process allows for areas to be
<br />excluded'hum critical habitat
<br />designation if economic and other
<br />impacts exceed benefits for the listed
<br />species of concern, provided that
<br />exclusion will not result in the
<br />extinction of the species. The exclusion
<br />procewvllows economic and other
<br />issues to be weighed against the
<br />regtri nis'of critical habitat under
<br />the Act:.
<br />National Environmental Policy Act
<br />The Service has determined that an
<br />Enviranmental Assessment. as defined
<br />under the authority of the National
<br />Envim inmlal Policy Act of 196% need
<br />not be prepared in conjunction with
<br />regulations adopted pursuant to section
<br />4(a) offl W Ad. A notice outlini*the.,
<br />Service':reasons for. this determin ation
<br />was published in the Federal Begisiez
<br />on October 25, 1983 (48 FR 49244).
<br />Execafave0rder 12866 and Regulatory
<br />FleMlft A t .
<br />711s iiila ras reviewed by the Office.
<br />of Mauaiiemeat and Budget under
<br />Exec alive Oider 1286& Based an the
<br />inf asmissed m this rule
<br />concerning public projects and private
<br />activities within critical habitat areas,
<br />thereare e-no significant economic
<br />impacts wilting from the critical
<br />habitat designation. There are a limited
<br />number of actions on private land that
<br />have Federal involvement through
<br />funds or permits that may be affected by
<br />critical habitat designation; Also, no
<br />direct costs enforcement costs,
<br />information-eollection, or recordkeeping
<br />requirements are imposed on small
<br />entities by this designation. Further, the
<br />rule contains no recordkeeping
<br />requirements as defined by the
<br />Paperwork Reduction Act of 1990.
<br />Taldnglmplications Assessment
<br />The Service has analyzed the
<br />potential taking implications of
<br />designating critical habitat for the
<br />razorback sucker. Colorado squawfish,
<br />humpback chub, and bonytail chub in a
<br />Takings Implications Assessment
<br />prepared pursuant to requirements of
<br />Executive Order 12630, "Governmental
<br />Actions and Interference with
<br />Constitutionally Protected Property
<br />Rights." The Takings Implications
<br />Assessment concludes that the
<br />designation does not pose significant
<br />takings implications.
<br />References Cited
<br />A complete list of all references cited
<br />herein is available upon request from
<br />the Service's Utah Field Office (see
<br />ADDRESSES above).
<br />Authors
<br />The primary authors of this rule are
<br />Henry R. Maddux, U.S. Fish and
<br />Wildife Service, Utah Feld Office (see
<br />ADDRESSES section); William R. Noonan.
<br />U.S. Fish and Wildlife Service, Colorado
<br />Field Office; Lesley A. Fitzpatrick, U.S.
<br />Fish and Wildlife Service: Arizona Field
<br />Office; and Harold M. Tyus, U.S. Fish
<br />and Wildlife Service, Region 6, Denver,
<br />Colorado.
<br />List of Subjects in 50 CFR Part 17
<br />Endangered and threatened species,
<br />Exports, Imports. Reporting and
<br />recordkeepi requirements, and
<br />Transportation. Regulations Promulgatiaa
<br />Accordingly, part 17, subchapter B of
<br />chapter I, title 50 of the Code of Federal
<br />Regulations is herebyamended as set
<br />forth below:
<br />PART 17-[AMENDED]
<br />1. The authority citation for part 17
<br />continues to read as follows;
<br />Anthoritp: 16 US.C 1361-1407.16 U.S.C.
<br />1531-1544;16 USG 4201-4245: Pub. L 99-
<br />625.100 Stat 3500, mmless otherwise noted
<br />§17-11 [Amended]
<br />2. Section 17.11(h) is amended by
<br />revising the Critical Habitat column for
<br />the entries "Chub, bonytail." "Chub
<br />humpback," -Squawfish, Colorado,..
<br />and "Sucker. razorback," under FISHES,
<br />to read "17.95(e)".
<br />3. Section 17.95(e) is amended by
<br />adding critical habitat of the bonytail
<br />chub (Gila elegans), humpback chub
<br />(Gila cypha); Colorado squawfish
<br />(Ptychochedus luaus), and razorback
<br />sucker Myrvuchen texanus), in the same
<br />alphabetical order as each species
<br />occurs in § 17.11(h).
<br />§ 17.95 Cdtkal habitat-fish and wlldlite.
<br />(e) . . .
<br />Bony-tail Chub (Gila elegans)
<br />Description of areas taken from the
<br />Bureau of Land Management (BLM)
<br />1:100,000 scale maps (available from
<br />BLM State Offices): Rangely, CO 1989;
<br />Canyon of Lodore, CO 1990; Seep Ridge.
<br />UT/CO 1982; La Sal. UT/CO 1985; Hite
<br />Crossing, UT 1982:-Parker, AZ/CA 1980;
<br />Davis Dam, AZ/NV/CA 1982: Boulder
<br />City, NV/AZ 1978; Needles, CA 1986.
<br />Colorado: Moffat County. The Yampa
<br />River from the boundary of Dinosaur
<br />National Monument in T.6N., R.99W.,
<br />sec. 27 (6th Principal Meridian) to the
<br />confluence with the Green River in
<br />T.7N.. R.103W., sec. 28 (6th Principal
<br />Meridian).
<br />Utah: Uintah County; and Colorado:
<br />Moffat County. The Green River from
<br />the confluence with the Yampa River in
<br />T.7N.. R.303W., sec. 28 (6th Principal
<br />Meridian) to the boundary of Dinosaur
<br />National Monument in T.6N., R.24E.,
<br />sec. 30 (Salt Lake Meridian).
<br />Utah: Uintah and Grand Counties.
<br />The Green River (Desolation and Gray
<br />Canyons) from Sumner's Amphitheater
<br />in T.12S.. R.18E., sec 5 (Salt Lake
<br />Meridian) to Swasey's Rapid in T.ZoS.,
<br />R.16E., sec 3 (Salt Lake Meridianj.
<br />Utah: Grand Caumty; and Colorado:
<br />Mesa County. The Colorado River from
<br />Black Rocks in T.10S., R_104W.. sec 25
<br />(6th Principal Meridian) to Fish Ford in
<br />T.21S., R.24E., sec. 35 (Salt Lake.
<br />Meridian).
<br />Utah: Garfield and San Juan Counties
<br />The Colorado River from Brown Betty
<br />Rapid in T.30S.. R.18E.,.sec. 34 (Salt
<br />Lake Meridian) to Imperial Canyon. in
<br />T.31S.. R.17E., sec. 28 (Salt Lake
<br />Meridian).
<br />Arizona: Mohave Cmmty; Nevada:
<br />Clark County; and California: San
<br />Bernardino County. The Colorado River
<br />from Hoover Dam in T.30N., R.23W.,
<br />sec. 3 (Gila and Salt River Meridian) to
<br />Davis Dam in T.21N., R.21W., sec. 18
<br />(Gila and Salt River Meridian) including
<br />Lake Mohave up to its full pool
<br />elevation-
<br />Arizon- Mohave County; and
<br />California: San Bernardino County. The
<br />Colorado River from the northern
<br />boundary of Havasu National Wildlife
<br />Refuge in R.22W., T.16N., sec. l (Gila
<br />and Salt River Meridian) to Parker Dam
<br />in T.11N.. R78W., sec. 16 (Gila and Salt
<br />River Meridian) including Lake Havasu
<br />up to its full pool elevation.
<br />Known constituent elements include
<br />water, physical habitat, and biological
<br />environment as required for each
<br />particular life stage for each species.
<br />61LLNG CODE 431&.&"
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