re-opening of comment period on Sacramento splittail

[YellowSub1962]

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AH73


Endangered and Threatened Wildlife and Plants;
Re-opening of
Comment Period on the Sacramento Splittail Final Rule

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule; re-opening of comment period.

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SUMMARY: We, the U.S. Fish and Wildlife Service
(Service), announce the
re-opening of the comment period for the final rule on
the Sacramento
splittail (Pogonichthys macrolepidotus). Comments
previously submitted
need not be resubmitted as they will be incorporated
into the public
record as part of this re-opened comment period, and
will be fully
considered in the final rule.

DATES: We will accept public comments until June 7,
2001.

ADDRESSES: Written comments and information should be
submitted to the
Field Supervisor, Sacramento Fish and Wildlife Office,
U.S. Fish and
Wildlife Service, 2800 Cottage Way, Suite W-2605,
Sacramento,
California 95825. For electronic mail address and
further instructions
on commenting, refer to Public Comments Solicited
section of this
notice.

FOR FURTHER INFORMATION CONTACT: For general
information, Stephanie
Brady or Jason Douglas, at the above address
(telephone 916/414-6600;
facsimile 916/414-6713).

SUPPLEMENTARY INFORMATION:

Background

The Sacramento splittail (hereafter splittail)
represents the only
extant species in its genus in North America. For a
detailed
description of the species, see the Recovery Plan for
the Sacramento/
San Joaquin Delta Native Fishes (Service 1996) and
references within
that plan.
Splittail are endemic to certain waterways in
California's Central
Valley, where they were once widely distributed (Moyle
1976).
Sacramento splittail occur in Suisun Bay, Suisun
Marsh, the San
Francisco Bay-Sacramento-San Joaquin River Estuary
(Estuary), the
Estuary's tributaries (primarily the Sacramento and
San Joaquin
rivers), the Napa River and Marsh, and the Petaluma
River and Marsh.
The Sacramento splittail no longer occurs throughout a
significant
portion of its former range.
Pursuant to the Endangered Species Act of 1973, as
amended (Act),
the splittail was listed as a threatened species on
February 8, 1999
(64 FR 5963). In this previous listing determination,
the Service found
that changes in water flows and water quality
resulting from export of
water from the Sacramento and San Joaquin rivers,
periodic prolonged
drought, loss of shallow water habitat, and the effect
of agricultural
and industrial pollutants were significant factors in
the species
decline.
Subsequent to the publication of the final rule,
plaintiffs in the
cases San Luis & Delta-Mendota Water Authority v. Anne
Badgley, et al.
and State Water Contractors, et al. v. Michael Spear,
et al. commenced
action in Federal Eastern District Court of
California, challenging the
listing of the splittail as threatened, alleging
various violations of
the Act and of the Administrative Procedure Act (5
U.S.C 551 et seq.).
The Service, as directed by the court, and pursuant to
the Act,
provided notice of the opening of a comment period
regarding the
threatened status for the splittail, from January 12,
2001 to February
12, 2001 (66 FR 2828). The Service is now re-opening
the comment period
to acquire additional information on the status,
abundance and
distribution of splittail in the Central Valley of
California. Upon the
close of this comment period, the Service will make
its determination
whether the splittail warrants the continued
protection of the Act.

Public Comments Solicited

If you wish to comment, you may submit your
comments and materials
concerning this proposal by any one of several
methods:
1. You may submit written comments and information
by mail to the
Field Supervisor, Sacramento Fish and Wildlife Office,
U.S. Fish and
Wildlife Service, 2800 Cottage Way, Suite W-2605,
Sacramento,
California 95825.
2. You may send comments by electronic mail
(e-mail) to:
fw1splittail@fws.gov. If you submit comments by
e-mail, please submit
them as an ASCII file and avoid the use of special
characters and any
form of encryption. Please also include ``Attn: RIN
1018-AH73'' and
your name and return address in your e-mail message.
If you do not
receive a confirmation from the system that we have
received your e-
mail message, contact us directly by calling our
Sacramento Fish and
Wildlife Office at telephone number 919/414-6600,
during normal
business hours.
3. You may hand-deliver comments to our Sacramento
Fish and
Wildlife Office, during normal business hours, at the
address given
above.
Comments and materials received will be available
for inspection,
by appointment, during normal business hours at the
address under (1)
above.

Author(s)

The primary author of this notice is Stephanie
Brady (see ADDRESSES
section), U.S. Fish and Wildlife Service, Regional
Office, 911 N.E.
11th Avenue, Portland, Oregon 97232.

Authority

The authority for this action is the Endangered
Species Act of
1973, as amended (16 U.S.C. 1531 et seq.).

Michael J. Spear,
Manager, California/Nevada Operations Office, Region
1, U.S. Fish and
Wildlife Service.
[FR Doc. 01-11459 Filed 5-7-01; 8:45 am]
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