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<br />Federal Register / Vel. 59, No. 54 / Monday, March 21, 199~ / Ru.ies and Regulations
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<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
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