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<br />13376 <br /> <br />Federal Register / Vel. 59, No. 54 / Monday, March 21, 199~ / Ru.ies and Regulations <br /> <br />ephemeral aloIlg-share embayments that <br />develop as spring flows <lecline. <br />Humpback Chub <br />Remains of h11II1phack <:hub have been <br />found in archaeological sites dared to <br />ahout4000 ltC, (USFWS 1990b). This <br />Colorado River native fish was not <br />described as a species until 1945 {MUler <br />1946). This has been attributed to its <br />presently restricted distribution in <br />remote. white water canyons [USFWS <br />1990b). The historical abundance and <br />distribution of the. species is not well <br />known. In the Lower Basin, the <br />humpback chub occurs in the Uttle <br />Colorado and Colorado Rivers in the <br />Grand Canyon. This population is the <br />largest remaining in the Basin, In the <br />Upper Basin, humpback chub an> fO\Uld <br />in the Black RockslWestwater Canyon <br />and .Cataract Canyon of the Colorado <br />River, Desolation and Gray Canyons of <br />the Green River, and Yampa and <br />Whirlpool Canyons in Dinosaur <br />National Monument, Green and Yampa <br />Rivers (USFW5'199Ob). . . <br />Hwnpback chub in reproductive <br />condition an> usually captured in May, <br />June, or July, depending on location. <br />SpBWDing 00ClUS soon after the highest <br />spring f1owsw\1en water temp.adtw_ <br />approadt 1.C"C (6Il" FJ (Karp and Tyus <br />1990; USFWS 19901>). The importance <br />of sprillg flows and propeo- tempemtures <br />for hU1u~chub is stressed by <br />Kaeding aDd 7;........man (1983). who <br />implicated.60w:reductions and low <br />...;ater tempel8lm'eS in the Gland Canyon <br />as factprs ~ wccessful. .m .. <br />spawning of the fish and increas:mg <br />competition from other species. <br />Popnlsrlnn< m Iu.unpi>lick chub are <br />found in_canyons, wilere they <br />utilize a variety of habitats, including <br />pools, riffles. and eddies- Most of the . <br />existing iDb:mation on habitat <br />prefenmoes ilasbeen obtained from <br />adultfish in the Little Colorado River, <br />the Grand Oany<>n. and the Black Rocks <br />of the Colorado Ri_(Holden and <br />Stalnaker 1975;'Kaeding and <br />Zimmerman 1983; Kaeding et at 1990). <br />In these locations. the fish are found <br />associated with boulder-strewn <br />canyons. travertine dams, pools, and <br />eddies. Some .habitat-use data also are <br />available from the Yampa River Canyon <br />where the fish occapy similai- habitats <br />and also use r!lCky runs, riffles, rapids. <br />and shoreline eddies (KaIp and Tyus <br />1990), This -diversity in habitat use <br />suggests that the adult fish are adal'ted <br />to a variety of habitats. and studies of <br />tagged fish'indicated that they move <br />between habitats. presumably in <br />. response oo....-l habitat changes <br />aI,d life history needs (Kaeding and <br />Zimmerman 1983; Karp and Tyus 1990). <br /> <br />Reduced spring peak flows- availability <br />of shoreline eddy and deel' canyon <br />habitats. and competition and predation <br />by nonnative fish were reported as <br />potential Jhnitillg factors ror humpback <br />chub in the YampaRiver{Tyus and <br />Karp 1989). The impact of hybridization <br />with other specieS is currently being <br />evaluated. <br /> <br />Bonytail Chub <br /> <br />The bonytail chnb (also known as the <br />bonytail) is the mrest native fish in the <br />Basin. Historically reported as <br />widespread and abundant in rivers <br />.throughoutthe Basin ijordanJlJ1d <br />Evermann 1896), its populations have <br />been greatly reduced. The fishis <br />presently represented in the wild by a <br />low number of old fish 4. ages of 40 <br />years or mQl'e), and recnrltment is <br />virtually nonexistent. In the Lower <br />Basin. a small population pemists in the <br />Colorado Rivet in Lake Monave, and <br />there an> recent records from Lake <br />Havasu lUSFWS 1990a).ln the Upper <br />Basin. recent captures have been from <br />Dinosaur Natiorial Monument on the <br />Yampa River, Desolation and Gray <br />Canyons on the Green River. and Black <br />Rocks and Cataract Canyon on .the <br />ColDrado River {Kaeding et at 1985; <br />. Tyus et al. 1987; Valdez 1990; USl'WS <br />1990a). <br />Thebonytrll chub is adapted to <br />mainstream rivers. where it has been <br />abseIVed in pools and eddies ~ckley <br />1973; Vanicek 1967), In reservoirs, the <br />fish occupies a variety ofhilhitat types <br />(Minckley 1973). In Lake Mohave. <br />Wagner {1955) observed the fish in eddy <br />habitats. Spawning reqnirements have <br />never been do=ented in a river. but <br />Vanicek and KIamer {1969) reported <br />that spawning occurred in June and Jnly <br />at water temperatures of about 11l" C <br />(54" F). The available data suggest1hat <br />habitats required for conservation of the <br />bonytail chub include, river channels, <br />and flooded, ponded, or inundated <br />riverine habitats that would be 'SUitable <br />for adults and young, especially if <br />competition from nonnative fishes is <br />. reduced (USFWS 1990a). <br /> <br />Previous Federal Acti0D5 <br /> <br />Listing Chronology <br /> <br />The Colorado squawfish and <br />humpback chub _re listed as <br />endangered species on March 11. 1987 <br />(32 FR 4001) and the bonytail chub was <br />listed as endangered on April 23, 1980 <br />{45 FR 27713~ Critical habitat for these <br />species was llOt <Iesignated at the time <br />of their listing. On May lS, 1975, the <br />Service published a notice of its intant <br />to determine critical habitat for the <br />ColDrado squawfish and the humpback <br /> <br />chub, and other species (4ll FR 21499). <br />On September 14, 1978. the Service' <br />proposed 1.002 lan (623 mil of the <br />Colorado. Green, Gunnison. and Yampa <br />RiveIS as critical habitat for the <br />Colorado squawfish (43 FR 41000). The <br />proposal was for 1.oo2lan (623 mij of <br />the Colorado, Green" Gunnison, and <br />Yampa RiYers. This proposal was later <br />withdrawn {44 FR 12382; March 6, <br />1979) to comp.lywith the 1978 <br />amendments to the Act {IS U.S,c. 1531 <br />el seq.). <br />The razori>ack sucker was fust <br />proposed for listing as a threatened <br />species on April 24, 1978 (43 FR 17375). <br />The proposal was withdrawn on Mll)' <br />27. 1980 (45 FR 35410).00 comply with <br />provisions of the 1978 amendments to <br />the Act. These prorisioos required the <br />Service to include considemlion of <br />designating critical habitat in the listing <br />of species, to complete the listing <br />process within 2 yaars from the date of <br />the proposed nile. 0< wilhdraw the <br />proposal from further consideration. <br />The Service did not complete the listing <br />process within the 2-year deadline. <br />On March 15, 1.989. the Sem.oe <br />received a petition from the Sieml Club. <br />National Audubon SociBty. The <br />Wilderness Society, Coiorado . <br />Enviroo.meni.al CoaJitioD"SoulliemUtah <br />Wiklemess Alliance, and Northwest <br />Rivers Alliance to list the razorback <br />sucl<er 8S endangered. The Service made <br />a positive ii:odiog in June 1989 and <br />subsequently published 8 llDlice in the <br />Federal ~.on August 15. 1989 {54 <br />FR 33566). This notlce also slated that <br />the Service W/IS completing a status <br />remw JlJ1d ..... seeking additiollal <br />information until Decembe< 15, 1989. A <br />proposed rule to list the <azorback <br />sucker as eIldm1gered was published in <br />the FederalllAogister on May 22, 1990 <br />(55 FR 21154). <br />The &a1 rule listing the razorback <br />sucker as an ewlangered species was <br />published on October 23,1991 j56 FR <br />54957). hut critical habitat waSllOt <br />proposed. In the final rule. the Seryice <br />concluded tha1 critical habitat was not <br />determinable at the time of listing and <br />questioned whether it was prudent to <br />designate critical habitat. <br />On October 30, 1991. the Service <br />received a 6O-day notice of Intent to sue <br />from the Sierra Club Legal DeieDse <br />Fund. The subject of the notice was the <br />Service's failiL.;" to designate critical <br />habitat concurrent wilh listing of the <br />razorback sucker pursuant to section <br />4lb)j6)(c) of the Act. The Sierra Club <br />Legal Defense Fund followed this with <br />a second notice of intent to sue dated <br />January 30,1992. Ata meeting on <br />December 5. 1991, the Service <br />concluded that designatioll of critical <br />