Proposed Rule2026-02251
Endangered and Threatened Wildlife and Plants; Endangered Species Status for Fish Lake Valley Tui Chub
Primary source
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Published
February 4, 2026
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
We, the U.S. Fish and Wildlife Service (Service), are reopening the comment period on our May 21, 2025, proposed rule to list the Fish Lake Valley tui chub (Siphateles obesus ssp.), a fish found in Esmeralda County in southwestern Nevada, as an endangered species under the Endangered Species Act of 1973, as amended (Act). We are taking this action to conduct a public hearing and to allow all interested parties an additional opportunity to comment on the proposed rule. Comments previously submitted on the proposed rule need not be resubmitted and will be fully considered in our development of the final rule.
Full Text
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<title>Federal Register, Volume 91 Issue 23 (Wednesday, February 4, 2026)</title>
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[Federal Register Volume 91, Number 23 (Wednesday, February 4, 2026)]
[Proposed Rules]
[Pages 5103-5104]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-02251]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R8-ES-2024-0207; FXES1111090FEDR-267-FF09E21000]
RIN 1018-BI16
Endangered and Threatened Wildlife and Plants; Endangered Species
Status for Fish Lake Valley Tui Chub
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule; reopening of comment period and announcement of
public hearing.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), are
reopening the comment period on our May 21, 2025, proposed rule to list
the Fish Lake Valley tui chub (Siphateles obesus ssp.), a fish found in
Esmeralda County in southwestern Nevada, as an endangered species under
the Endangered Species Act of 1973, as amended (Act). We are taking
this action to conduct a public hearing and to allow all interested
parties an additional opportunity to comment on the proposed rule.
Comments previously submitted on the proposed rule need not be
resubmitted and will be fully considered in our development of the
final rule.
DATES:
Comment submission: The public comment period on the proposed rule
that published May 21, 2025, at 90 FR 21720, is reopened. We will
accept comments received on or before March 6, 2026. Comments submitted
electronically using the Federal eRulemaking Portal (see ADDRESSES,
below) must be received by 11:59 p.m. eastern time on the closing date,
and comments submitted by U.S. mail must be received by that date to
ensure consideration.
Public hearing: On February 19, 2026, we will hold a public hearing
on the proposed rule to list the Fish Lake Valley tui chub as an
endangered species under the Act from 5 p.m. to 7 p.m. Pacific time,
using the Zoom platform (for more information, see Public Hearing,
below).
ADDRESSES:
Comment submission: You may submit comments by one of the following
methods:
(1) Electronically: Go to the Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. In the Search box, enter FWS-R8-ES-2024-0207,
which is the docket number for this rulemaking. Then, click on the
Search button. On the resulting page, in the panel on the left side of
the screen, under the Document Type heading, check the Proposed Rule
box to locate this document. You may submit a comment by clicking on
``Comment.''
(2) By hard copy: Submit by U.S. mail to: Public Comments
Processing, Attn: FWS-R8-ES-2024-0207, U.S. Fish and Wildlife Service,
MS: PRB/3W, 5275 Leesburg Pike, Falls Church, VA 22041-3803.
(3) Verbally at public hearing: Interested parties may present
verbal testimony (formal, oral comments) at the public hearing, which
will be held virtually using the Zoom platform. See Public Hearing,
below, for more information.
We request that you send comments only by the methods described
above. We will post all comments on <a href="https://www.regulations.gov">https://www.regulations.gov</a>. This
generally means that we will post any personal information you provide
us (see Public Comments, below, for more information).
Document availability: The May 21, 2025, proposed rule and its
supporting documents, including the species status assessment report,
are available at <a href="https://www.regulations.gov">https://www.regulations.gov</a> at Docket No. FWS-R8-ES-
2024-0207.
FOR FURTHER INFORMATION CONTACT: Kristen Jule, Field Supervisor, U.S.
Fish and Wildlife Service, Reno Fish and Wildlife Office; 775-861-6337;
<a href="/cdn-cgi/l/email-protection#730115041c1e121a1f331504005d141c05"><span class="__cf_email__" data-cfemail="7a081c0d15171b13163a1c0d09541d150c">[email protected]</span></a>. Individuals in the United States who are deaf,
deafblind, hard of hearing, or have a speech disability may dial 711
(TTY, TDD, or TeleBraille) to access telecommunications relay services.
Individuals outside the United States should use the relay services
offered within their country to make international calls to the point-
of-contact in the United States. Please see Docket No. FWS-R8-ES-2024-
0207 on <a href="https://www.regulations.gov">https://www.regulations.gov</a> for a document that summarizes the
May 21, 2025, proposed rule.
SUPPLEMENTARY INFORMATION:
Background
On May 21, 2025, we published a proposed rule (90 FR 21720) to list
the Fish Lake Valley tui chub as an endangered species under the Act
(16 U.S.C. 1531 et seq.). The proposed rule opened a 60-day public
comment period, ending on July 21, 2025. During the open comment
period, we received a request for a public hearing on the proposed
rule. Therefore, we are reopening the comment period on the proposal
and announcing a public hearing (see DATES, above) to allow the public
an additional opportunity to provide comments on the proposed rule to
list the Fish Lake Valley tui chub.
For a description of previous Federal actions concerning the Fish
Lake Valley tui chub and more information on the types of comments that
would be helpful to us in promulgating this rulemaking action, please
refer to the May 21, 2025, proposed rule (90 FR 21720).
Public Hearing
We are holding a public hearing to accept comments on our May 21,
2025, proposed rule (90 FR 21720) on the date and at the time listed
above in DATES. We are holding the public hearing via the Zoom online
video platform and via
[[Page 5104]]
teleconference so that participants can attend remotely. For security
purposes, registration is required. All participants must register in
order to listen and view the hearing via Zoom, listen to the hearing by
telephone, or provide oral public comments at the hearing by Zoom or
telephone. For information on how to register, or if you encounter
technical problems joining Zoom on the day of the hearing, visit
<a href="https://www.fws.gov/event/virtual-public-hearing-proposed-listing-fish-lake-valley-tui-chub">https://www.fws.gov/event/virtual-public-hearing-proposed-listing-fish-lake-valley-tui-chub</a>.
Registrants will receive the Zoom link and the telephone number for
the public hearing. If applicable, interested members of the public not
familiar with the Zoom platform should view the Zoom video tutorials
(<a href="https://support.zoom.us/hc/en-us/articles/206618765-Zoom-video-tutorials">https://support.zoom.us/hc/en-us/articles/206618765-Zoom-video-tutorials</a>) prior to the public hearing.
The public hearing will provide interested parties an opportunity
to present verbal testimony (formal, oral comments) regarding the May
21, 2025, proposed rule to list the Fish Lake Valley tui chub as an
endangered species (90 FR 21720). The public hearing will not be an
opportunity for dialogue with the Service but rather a forum for
accepting formal verbal testimony. In the event there is a large
attendance, the time allotted for oral statements may be limited.
Therefore, anyone wishing to make an oral statement at the public
hearing for the record is encouraged to provide a prepared written copy
of their statement to us through the Federal eRulemaking Portal or U.S.
mail (see ADDRESSES, above). There are no limits on the length of
written comments submitted to us. Anyone wishing to make an oral
statement at the public hearing must register at <a href="https://www.fws.gov/event/virtual-public-hearing-proposed-listing-fish-lake-valley-tui-chub">https://www.fws.gov/event/virtual-public-hearing-proposed-listing-fish-lake-valley-tui-chub</a>
before the hearing. The use of a virtual public hearing is consistent
with our regulations at 50 CFR 424.16(c)(3).
Reasonable Accommodation
The Service is committed to providing access to the public hearing
for all participants. Closed captioning will be available during the
public hearing. Further, a full audio and video recording and
transcript of the public hearing will be posted online at <a href="https://www.fws.gov/event/virtual-public-hearing-proposed-listing-fish-lake-valley-tui-chub">https://www.fws.gov/event/virtual-public-hearing-proposed-listing-fish-lake-valley-tui-chub</a> and at <a href="https://www.regulations.gov">https://www.regulations.gov</a> after the hearing.
Participants will also have access to live audio during the public
hearing via their telephone or computer speakers. Persons with
disabilities requiring reasonable accommodations to participate in the
hearing should contact the person listed under FOR FURTHER INFORMATION
CONTACT at least 5 business days prior to the date of the hearing (see
DATES, above) to help ensure availability. See <a href="https://www.fws.gov/event/virtual-public-hearing-proposed-listing-fish-lake-valley-tui-chub">https://www.fws.gov/event/virtual-public-hearing-proposed-listing-fish-lake-valley-tui-chub</a>
for more information about reasonable accommodation.
Public Comments
If you already submitted comments or information on the May 21,
2025, proposed rule (90 FR 21720), please do not resubmit them. Any
such comments are incorporated as part of the public record of the
rulemaking proceeding, and we will fully consider them in preparation
for our final determination.
Comments should be as specific as possible. Please include
supplemental information with your submission (such as scientific
journal articles or other publications) to allow us to verify any
scientific or commercial information you include. Please note that
submissions merely stating support for, or opposition to, the action
under consideration without providing supporting information, although
noted, do not provide substantial information necessary to support a
determination. Section 4(b)(1)(A) of the Act directs that
determinations as to whether any species is an endangered or a
threatened species must be made solely on the basis of the best
scientific and commercial data available.
You may submit your comments and materials by one of the methods
listed in ADDRESSES. We request that you send comments only by the
methods described in ADDRESSES.
If you submit information via <a href="https://www.regulations.gov">https://www.regulations.gov</a>, your
entire submission--including your personal identifying information--
will be posted on the website. If your submission is made via a
hardcopy that includes personal identifying information, you may
request at the top of your document that we withhold this information
from public review. However, we cannot guarantee that we will be able
to do so. We will post all hardcopy submissions on <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Comments and materials we receive, as well as supporting
documentation we used in preparing the May 21, 2025, proposed rule (90
FR 21720), will be available for public inspection on <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Our final determination may differ from the May 21, 2025, proposed
rule (90 FR 21720) because we will consider all comments we receive
during the comment period as well as any information that may become
available after the proposed rule published. Based on the new
information we receive (and, if relevant, any comments on that new
information), we may conclude that the species is threatened instead of
endangered, or we may conclude that the species does not warrant
listing as either an endangered species or a threatened species. In our
final rule, we will clearly explain our rationale and the basis for our
final decision, including why we made changes, if any, that differ from
the May 21, 2025, proposed rule (90 FR 21720).
Authority
The authority for this action is the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et seq.).
Brian R. Nesvik,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2026-02251 Filed 2-3-26; 8:45 am]
BILLING CODE 4333-15-P
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