Oklahoma Farm Bureau Legal Foundation

October 13, 2005
Arkansas River shiner critical habitat litigation and rulemaking

Attachments:

AR_Shiner_CH_Unit_1_to_4_Overview_c.jpg
ars_overview_96dpi_S.jpg
arkansas_river_shiner_FINAL_s.jpg
ARS CH Comments Memo transmittal letter- PDF (00017442).PDF
ARS CH Comments Memo - PDF (00017443).PDF
ARS CH Comments Memo - Exhibit A (00017444).PDF
FINAL Economic Analysis Comments - Exhibit B (00017432).PDF
ARS CH Comments Memo - Exhibit C (00017445).PDF
CRMWA Management Plan - Exhibit D (00017436).PDF
ARS CH Comments Memo - Exhibit E (00017450).PDF
ARS CH Comments Memo - Exhibit F (00017446).PDF

On October 13, 2005, the U.S. Fish and Wildlife Service (Service) issued a final rule designating critical habitat for the Arkansas River shiner. The Foundation believes the final rule to be superior to the one proposed in 2001.

After winning litigation that struck down the 2001 critical habitat designation for the Arkansas River shiner and recovering $47,500 in attorneys fees, the Foundation coordinated the efforts of 17 organizations in four states to work with the Service to draft a new critical habitat designation for the Arkansas River shiner.

The Foundation contracted with an Austin law firm, a fisheries biologist from Arizona, and an economist from California to gather information and comment on the Service’s proposed 2004 designation.

The goal of the Foundation and the Arkansas River shiner coalition was to exclude those areas from critical habitat which will not support the Arkansas River shiner, and to exclude those areas that do support the shiner by adopting a voluntary conservation management plan for the minnow. The Foundation was partially successful. The Foundation has drafted a voluntary conservation management plan (see Current Projects) for portions of the Canadian River in Oklahoma and Texas, and portions of the Cimarron River in Oklahoma and Kansas. This plan will be implemented with the cooperation of state and federal agencies, organizations, and private individuals. The Service accepted the Arkansas River Shiner Management Plan for the Canadian River in New Mexico and Texas, prepared by the Canadian River Municipal Water Authority. That portion of critical habitat on the Canadian River was excluded in the final 2005 rule.

The ultimate goal of the Foundation, in cooperation with the Arkansas River Shiner Coalition, is to recover and delist the Arkansas River shiner from the Endangered Species list.

A brief outline of the changes from the 2001 proposed critical habitat rule to the 2005 final critical habitat rule is as follows:

2001 Proposed Critical Habitat

Included portions of the:
- Arkansas River in Kansas
- Cimarron River in Kansas and Oklahoma
- Beaver/North Canadian River in Oklahoma
- Canadian River in New Mexico, Texas and Oklahoma

Included approximately 1,148 stream miles, with 300 feet of riparian area beyond bankfull width on both sides of the rivers.

2004 Proposed Critical Habitat (After 2001 Rule was Vacated):

Included portions of the:
- Cimarron River in Kansas and Oklahoma
- Canadian River in New Mexico, Texas and Oklahoma

Excluded previously designated from 2001 rule:
- Arkansas River in Kansas
- Beaver/North Canadian River in Oklahoma

Included approximately 838 stream miles, with 300 feet of riparian area beyond bankfull width on both sides of the rivers.

2005 Final Critical Habitat

Includes portions of the:
- Cimarron River in Kansas and Oklahoma
- Canadian River in Oklahoma
- Excluded all of Unit 1a because of the voluntary conservation management plan by the Canadian River Municipal Water Authority. Excluded part of the Canadian River west of Thomas, Oklahoma, Unit 1b, because of ongoing conservation activities.)

Excludes previously designated from 2001 rule:
- Arkansas River in Kansas
- Beaver/North Canadian River in Oklahoma

Includes approximately 532 stream miles, with 300 feet of riparian area beyond bankfull width on both sides of the river.

Note: The Service has promised to consider removing remaining critical habitat when the voluntary conservation management plan is finalized for Units 1b and 3, which includes portions of the Canadian and Cimarron Rivers.