Date of this Version
We, the U.S. Fish and Wildlife Service (Service), propose designation of critical habitat pursuant to the Endangered Species Act of 1973, as amended (Act), for the Topeka shiner (Notropis topeka). This proposal is made in response to a court settlement in Biodiversity Legal Foundation et al. v. Ralph Morganweck et al. C00–D–1180, committing the Service to submit for publication in the Federal Register a proposal to withdraw the existing ‘‘not prudent’’ critical habitat determination together with a new proposed critical habitat determination for the Topeka shiner by August 13, 2002. We are proposing to designate as critical habitat a total of 186 stream segments, representing 3,765.9 kilometers (2,340 miles) of stream in the States of Iowa, Kansas, Minnesota, Nebraska, and South Dakota. Proposed critical habitat includes portions of the North Raccoon, Boone, and Rock River watersheds in Iowa; the Kansas, Big Blue, Smoky Hill, and Cottonwood River watersheds in Kansas; the Rock and Big Sioux River watersheds in Minnesota; and the Big Sioux, Vermillion, and James River watersheds in South Dakota. If this proposed rule is finalized, Federal agencies proposing actions that may affect the areas designated as critical habitat must consult with the Service on the effects of the proposed actions, pursuant to section 7(a)(2) of the Act. A draft Economic Analysis will be prepared in the near future and made available for public comment. We will specify the availability of the draft Economic Analysis and subsequent reopening of the comment period in local and regional newspapers in the range of the species and through a notice in the Federal Register.