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Availability of the Final Environmental Assessment and Finding of No Significant Impact for Federal Agency Participation in the Virgin River Resource Management and Recovery Program
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: June 13, 2001 (Volume 66, Number 114)]
[Notices]
[Page 31946-31947]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13jn01-83]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Availability of the Final Environmental Assessment and Finding of
No Significant Impact for Federal Agency Participation in the Virgin
River Resource Management and Recovery Program
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of availability of a Final Environmental Assessment for
Federal agency participation in the Virgin River Resource Management
and Recovery Program.
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SUMMARY: This notice advises the public that a Finding of No
Significant Impact (FONSI) and the Final Environmental Assessment (EA)
for Federal agency participation in the Virgin River Resource
Management and Recovery Program (Program) are available for public
review. The purpose of the proposed Federal action described in the EA
is to formally declare intent of the Fish and Wildlife Service, the
Bureau of Land Management, and the National Park Service to participate
in the multiagency program designed to implement recovery actions for
two endangered fish species, the woundfin and the Virgin River chub, as
well as conservation actions for the Virgin spinedace, a species being
managed as sensitive by the State of Utah and subject of a conservation
agreement. In addition to implementing recovery actions, the Program
will facilitate resolution of conflicts between endangered species
protection and water development in the Virgin River Basin in Utah.
Other participants include the State of Utah Department of Natural
Resources, the Washington County Water Conservancy District, and Grand
Canyon Trust, a local nonprofit environmental conservation group.
The EA addresses three alternatives: (A) A no action alternative
for which the Federal agencies would not participate in the Program but
would continue to administer and comply with the Endangered Species Act
(Act) as previously done; (B) Federal agency participation in the
Program which describes a process for administration and compliance
with the Act that provides for full implementation of recovery and
conservation actions for the protected fish species, as well as
providing a mechanism for section 7 compliance of the Act that reduces
conflict in the Utah portion of the Virgin River basin; and (C) Federal
agency participation in a basinwide recovery program that includes
implementation of the Program in Arizona and Nevada, as well as Utah.
Based on the Finding of No Significant Impact, the U.S. Fish and
Wildlife Service has determined that the proposed action is not a major
Federal action which would significantly affect the quality of the
human environment within the meaning of section 102(2)(c) of the
National Environmental Policy Act of 1969.
DATES: Copies of the Final EA and FONSI will be mailed to affected
Government offices and interested parties who specifically requested
them. Those interested persons not on the EA mailing list may request a
copy from the Project Leader at the address below. Written comments
must be received on or before July 13, 2001.
All comments received will become part of the official public
record. Requests for such comments will be handled in accordance with
the Freedom of Information Act and the Council on Environmental
Quality's National Environmental Policy Act Regulations (40 CFR
1506.6). When requested, comment letters with the names and addresses
of the individuals who wrote the comments will generally be provided in
response to such requests to the extent permissible by law. Individual
respondents may request that we withhold their home address from the
record, which we will honor to the extent allowable by law. If you wish
to withhold your name and/or address, you must state this prominently
at the beginning of your comments.
ADDRESSES: Written comments should be addressed to the Field
Supervisor, Utah Ecological Services Field Office, Lincoln Plaza, 145
East 1300 South State Street, Suite 404, Salt Lake City, Utah 84115.
All comments and material received will be available upon request for
public inspection, by appointment, during normal business hours at the
above address.
FOR FURTHER INFORMATION CONTACT: Mr. Henry R. Maddux, Utah Field
Supervisor (see ADDRESSES above), or at 801-524-5001 extension 126.
SUPPLEMENTARY INFORMATION:
Background
The woundfin was listed as endangered on October 13, 1970 (35 FR
16047). The Virgin River chub was listed as endangered on August 24,
1989 (54 FR 35305). The Virgin River Fishes Recovery Plan (VRFRP),
which included recovery of both woundfin and Virgin River chub, was
finalized in 1995. Critical Habitat was designated for these two
species on January 26, 2000 (65 FR 4140). The Virgin spinedace was
proposed for listing as endangered on May 18, 1994 (59 FR 25875). The
Virgin Spinedace Conservation Agreement and Strategy (VSCAS) to
eliminate or reduce impacts threatening the continued existence of
Virgin spinedace was finalized on April 11, 1995, and subsequently, the
proposal to list was withdrawn on February 6, 1996 (61 FR 44010). All
three of these fish species are endemic to the Virgin River basin
through Utah, Arizona, and Nevada. The southwestern willow flycatcher
is a neotropical migratory bird listed as endangered on February 27,
1995 (60 FR 10693) that seasonally occupies sites along the Virgin
River and throughout the desert southwest. In addition, the Virgin
River basin retains a diversity of native desert animal and plant
species, many of which are declining due to impacts from human
development in the area.
Despite Federal listing of two fish species, implementation of
recovery actions in the Virgin River to benefit endangered fish have
been minimal due to limited funding for recovery over the past 25
years. Furthermore, conflicts have arisen between water development
interests and those managing for protection of native species that rely
on the river environment. Specifically, contention between the local
environmental community and local water developers over operations of
the Quail Creek Diversion in the Virgin River near Hurricane, Utah, led
to discordant relations and threats of litigation among the agencies
and organizations interested in water use.
To resolve this situation, the interested entities agreed to
develop the Virgin River Resource Management and Recovery Program that
would provide a mechanism to prioritize, fund, and implement recovery
actions while allowing water development necessary to meet human needs
in the Utah portion of the Virgin River basin. It is anticipated that
the Program will not only provide recovery actions that are necessary
to offset impacts from proposed development actions to the native
protected species, but further lead to full recovery of the endangered
fish species and conservation of the Virgin spinedace, as well as
provide benefits to the endangered southwestern willow flycatcher.
[[Page 31947]]
The Program will encompass the VRFRP and VSCAS so that actions
identified in these documents can be funded, implemented, and evaluated
for effectiveness. In addition, the Program will provide measures to
offset proposed Federal project impacts during section 7 consultations
in order to prevent future conflict over water development and minimize
impacts of Federal projects on protected aquatic species. Goals and
objectives of the Program are based on recovery of the endangered fish
and conservation of Virgin spinedace in an environment of continuing
water development. Although some impacts to native species are expected
through future water development projects, recovery actions have been
and will continue to be implemented in advance of project impacts such
that the status of species and/or its habitat is expected to improve
and remain greater than that necessary to offset anticipated impacts. A
crediting system has been developed to assess, measure, and track
benefits and impacts of projects and is designed to maintain measured
benefits at a higher level than impacts so that the Program is always
moving toward recovery and conservation of protected species.
Although participation is limited to Utah portions of the Virgin
River basin at this time, it is expected that the remaining portions of
the Virgin River basin in Arizona and Nevada will be invited to
participate in the Program in future years, as it becomes better
established and demonstrates effectiveness.
It is important to note that participation in this Program does not
represent or guarantee legal authority for any water development
project. Such projects must be evaluated individually as they are
proposed and continue to be subject to all applicable Federal and State
laws, including the National Environmental Policy Act and the
Endangered Species Act. This EA is not intended to provide analysis for
specific project impacts but rather analyzes only effects of Federal
participation in the Program.
Author
The primary author of this notice is Yvette K. Converse, U.S. Fish
and Wildlife Service, 145 East 1300 South State Street, Suite 404, Salt
Lake City, Utah 84115, 801-524-5001 extension 135.
Authority
The authorities for this action are the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) and the Endangered Species
Act of 1973 (16 U.S.C. 1532 et seq.).
Dated: May 30, 2001.
Duane K. McDermond,
Acting Regional Director, Denver, CO.
Finding of No Significant Impact--Federal Participation in the Virgin
River Resource Management and Recovery Program
The U.S. Fish and Wildlife Service, as lead agency, with the
Bureau of Land Management and National Park Service as cooperating
agencies, propose to participate in the Virgin River Resource
Management and Recovery Program (Program). The Program will be a
multiagency program designed to implement recovery actions for two
endangered fish species, the woundfin and the Virgin River chub. It
also will implement conservation actions for the Virgin spinedace, a
species being managed as sensitive by the State of Utah and subject
of a conservation agreement. In addition to implementing recovery
actions, the Program will facilitate resolution of conflicts between
endangered species protection and water development in the Virgin
River Basin in Utah by providing actions to improve the status of
these species so that proposed water development will not jeopardize
these species existence or adversely modify their critical habitat.
Other Program participants will be the State of Utah Department of
Natural Resources, the Washington County Water Conservancy District,
and Grand Canyon Trust, a local nonprofit environmental conservation
group.
An Environmental Assessment was prepared which addressed three
alternatives: (A) a no action alternative whereby the Federal
agencies would not participate in the Program but would continue to
administer and comply with the Endangered Species Act (Act) as
previously done; (B) Federal agency participation in the Program
which describes a process for administration and compliance with the
Act that provides for full implementation of recovery and
conservation actions for the protected fish species, as well as
providing a mechanism for section 7 compliance of the Act that
reduces conflict in the Utah portion of the Virgin River basin; and
(C) Federal agency participation in a basinwide recovery program
that includes implementation of the Program in Arizona and Nevada,
as well as Utah.
Alternative B, the Preferred Alternative, will result in the
most effective participation by Department of the Interior agencies,
State and local agencies, and organizations to coordinate, direct,
and fund recovery actions for imperiled aquatic fish species in the
Basin in Utah. It also will facilitate implementation of the Virgin
River Resource Management and Recovery Program that was developed by
resource agencies in Utah.
Based on my review and evaluation of the Environmental
Assessment and supporting documentation, I have determined that
Federal agency participation in the Virgin River Resource and
Management Program is not a major Federal action which would
significantly affect the quality of the human environment within the
meaning of section 102(2)(c) of the National Environmental Policy
Act of 1969. Accordingly, preparation of an environmental impact
statement is not required.
Dated: May 30, 2001.
Duane K. McDermond,
Acting Regional Director.
References: Environmental Assessment dated May 2000; Intra-Service
Section 7 Consultation
[FR Doc. 01-14863 Filed 6-12-01; 8:45 am]
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