Agricultural Marketing Service
Animal and Plant Health Inspection Service
Food and Nutrition Service
Forest Service
National Foundation on the Arts and the Humanities
Committee for Purchase From People Who Are Blind or Severely Disabled
Economic Analysis Bureau
Economic Development Administration
International Trade Administration
National Institute of Standards and Technology
National Oceanic and Atmospheric Administration
Air Force Department
Navy Department
Federal Energy Regulatory Commission
Trade Representative, Office of United States
Centers for Disease Control and Prevention
Centers for Medicare & Medicaid Services
Food and Drug Administration
National Institutes of Health
Fish and Wildlife Service
Land Management Bureau
Drug Enforcement Administration
Immigration and Naturalization Service
Employment and Training Administration
Employment Standards Administration
Occupational Safety and Health Administration
Copyright Office, Library of Congress
Trade Representative, Office of United States
Centers for Disease Control and Prevention
Food and Drug Administration
National Institutes of Health
Committee for the Implementation of Textile Agreements
Federal Aviation Administration
Federal Highway Administration
Federal Motor Carrier Safety Administration
Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.
To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions.
Federal Deposit Insurance Corporation (FDIC).
Final rule.
This rule addresses nomenclature changes effected by a Federal Deposit Insurance Corporation (“FDIC”) internal reorganization order dated June 30, 2002. The reorganization resulted in the merger of several divisions and offices, the redesignation of two “regional” offices as “area” offices, and the abolishment of two positions in the former Office of the Executive Secretary (“OES”). The rule also addresses nomenclature changes resulting from the merger of two divisions by an internal reorganization order dated December 8, 1996. Consistent with these actions, this rule makes appropriate conforming changes in several of the FDIC's regulations in Title 12 and, with the concurrence of the Office of Government Ethics (“OGE”), in the FDIC's supplemental standards of ethical conduct regulation in Title 5. The rule also sets forth a Savings Provision in
This rule is effective November 29, 2002.
Linda Keener, Ethics Program Manager, (202) 898-8660, Federal Deposit Insurance Corporation, 550 17th Street, NW., Washington, DC 20429 (Supplemental Standards of Ethical Conduct); Frederick L. Fisch, Senior Attorney, FOIA/PA Group, (202)736-0526, Federal Deposit Insurance Corporation, 550 17th Street, NW., Washington, DC 20429 (FOIA and Privacy Act Program); and Robert E. Feldman, Executive Secretary, (202) 898-3811, Leneta G. Gregorie, Counsel and Special Assistant to the Executive Secretary, (202) 898-3719, Federal Deposit Insurance Corporation, 550 17th Street, NW., Washington, DC 20429 (all other matters).
This rule implements the decision by the FDIC, through an internal reorganization order dated June 30, 2002, to merge OES into the Legal Division, thereby creating an Executive Secretary Section within the Supervision and Legislation Branch of the Legal Division; abolishing the positions of Deputy Executive Secretary and Assistant Executive Secretary (Ethics); and transferring program responsibility for the Freedom of Information Act, 5 U.S.C. 552, and the Privacy Act of 1974, 5 U.S.C. 552a, from the FOIA/PA Unit of OES to the FOIA/PA Group of the Litigation Branch of the Legal Division. This rule, consistent with the organizational changes, makes a number of nomenclature changes in parts 308, 309, 310, 311, and 337 of title 12 of the Code of Federal Regulations. Specifically, reference to the eliminated position of Deputy Executive Secretary is deleted, and all references to the “Office of the Executive Secretary,” wherever they appear in the parts 308, 311 and 337, are changed to “Executive Secretary” or “offices of the Executive Secretary,” as appropriate. Similarly, references to the “Office of the Executive Secretary” and the OES “FOIA/PA Unit” in parts 309 and 310 are changed to the “FOIA/PA Group” within the Legal Division. Conforming changes also are made to: the addresses to which FOIA and Privacy Act requests and administrative appeals of responses to FOIA and Privacy Act requests are to be submitted; the identities of the persons to whom such requests and appeals are to be directed; and the telephone numbers (voice and facsimile) of the FOIA/PA Group.
This rule, with the concurrence of OGE, also makes a number of appropriate nomenclature changes to references in the FDIC's supplemental standards of conduct regulation, as codified in 5 CFR part 3201, to reflect the June 30, 2002, mergers of certain other divisions of the FDIC and, as a result, to change the names of the “Division of Supervision” and the “Division of Compliance and Consumer Affairs” to the “Division of Supervision and Consumer Protection” and the “Division of Insurance” and the “Division of Research” to the “Division of Insurance and Research”. These new names more accurately reflect the breadth of the divisions' activities as a result of the reorganization.
Moreover, this rule implements those aspects of the June 30, 2002, reorganization which converted the Boston and Memphis regional offices to area offices. Consistent with the division name changes, the conversion of two regional offices to area offices, and the aforementioned abolishment of the position of Assistant Executive Secretary (Ethics), this rule makes a number of changes in part 3201 by changing all references to “Division of Supervision” and “Division of Compliance and Consumer Protection” to “Division of Supervision and Consumer Protection” and “Division of Insurance” and “Division of Research” to “Division of Insurance and Research” wherever they appear; enlarging references to “regional office” to “regional or area office” wherever it appears; designating the “Ethics Program Manager” as the FDIC's Alternate Ethics Counselor in the place of the “Assistant Executive Secretary (Ethics)”; and clarifying the credit restrictions for field office supervisors and supervisory examiners in light of their expanded areas of responsibility as the result of the reorganization. Finally, the rule implements a previous FDIC reorganization which, on December 8, 1996, merged the “Division of Depositor and Asset Services” with the “Division of Resolutions”. As a result, “Division of Depositor and Asset Services” is changed to “Division of Resolutions and Receiverships” wherever it appears in part 3201.
This rule shall constitute notice that all references to the Office of the
1. This rule does not impose information collection and recordkeeping requirements. Consequently, it need not be reviewed by the Office of Management and Budget under the provisions of the Paperwork Reduction Act of 1995.
2. The provisions of the Administrative Procedure Act (5 U.S.C. 553) requiring notice of proposed rulemaking, the opportunity for public participation, and a delay in the effective date are inapplicable because this rule involves a rule of agency organization, procedure, or practice. 5 U.S.C. 553(b)(A). Further, no other law requires that a notice of proposed rulemaking and an opportunity for public comment be given for this final rule. Because a notice of proposed rulemaking and opportunity for public comment are not required to be given for this rule under 5 U.S.C. or any other law, the analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601,
5 U.S.C. 7301; 5 U.S.C. App. (Ethics in Government Act of 1978); 12 U.S.C. 1819(a), 1822; 26 U.S.C. 1043; E.O. 12674, 54 FR 15159, 3 CFR, 1989 Comp., p. 215, as modified by E.O. 12731, 55 FR 42547, 3 CFR, 1990 Comp., p. 306; 5 CFR 2635.105, 2635.403, 2635.502, and 2635.803.
(c) * * *
(1) * * *
(iv) For a field office supervisor and supervisory examiner, credit extended by an FDIC-insured State nonmember bank headquartered outside the field office supervisor's and supervisory examiner's respective official territories of assignment through the use of a credit card on the same terms and conditions as are offered to the general public.
5 U.S.C. 504, 554-557; 12 U.S.C. 93(b), 164, 505, 1815(e), 1817, 1818, 1820, 1828, 1829, 1829b, 1831i, 1831o, 1831p-1, 1832(c), 1884(b), 1972, 3102, 3108(a), 3349, 3909, 4717; 15 U.S.C. 78(h) and (i), 78o-4(c), 78o-5, 78q-1, 78s, 78u, 78u-2, 78u-3 and 78w; 6801(b), 6805(b)(1), 28 U.S.C. 2641 note; 31 U.S.C. 330, 5321; 42 U.S.C. 4012a; Sec. 3100(s), Pub. L. 104-134, 110 Stat. 1321-358.
5 U.S.C. 552; 12 U.S.C. 1819 “Seventh” and “Tenth”.
5 U.S.C. 552a.
5 U.S.C. 552b and 12 U.S.C. 1819.
12 U.S.C. 375a(4), 375b, 1816, 1818(a), 1818(b), 1819, 1820(d)(10), 1821f, 1828(j)(2), 1831, 1831f-1.
Agricultural Marketing Service, USDA.
Interim final rule with request for comments.
This rule temporarily suspends the deadline for announcing a 2003 raisin diversion program (RDP) as specified under the Federal marketing order for California raisins (order). This rule also extends certain deadlines within the 2002-2003 crop year concerning the RDP specified in the order's regulations. The order regulates the handling of raisins produced from grapes grown in California and is administered locally by the Raisin Administrative Committee (RAC). Changes beginning with a possible 2003 RDP have been recommended by the RAC. Currently, there is a November 30 deadline for the RAC to announce a 2003 RDP. This action is needed to provide flexibility in implementing the existing as well as any new provisions of a 2003 RDP. This action will also allow necessary review and evaluation of proposed provisions for such a program. The December 15 deadline for redemption of diversion certificates for the 2002 RDP also is extended, given the lack of sales of those certificates.
Effective: December 2, 2002. Comments received by January 28, 2003, will be considered prior to issuance of a final rule.
Interested persons are invited to submit written comments concerning this rule. Comments must be sent to the Docket Clerk, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 Independence Avenue SW, STOP 0237, Washington, DC 20250-0237; Fax: (202) 720-8938, or E-mail:
Maureen T. Pello, Senior Marketing Specialist, California Marketing Field Office, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 2202 Monterey Street, suite 102B, Fresno, California 93721; telephone: (559) 487-5901, Fax: (559) 487-5906; or George Kelhart, Technical Advisor, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 Independence Avenue SW, STOP 0237, Washington, DC 20250-0237; telephone: (202) 720-2491, Fax: (202) 720-8938.
Small businesses may request information on complying with this regulation by contacting Jay Guerber, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 Independence Avenue SW, STOP 0237, Washington, DC 20250-0237; telephone: (202) 720-2491, Fax: (202) 720-8938, or E-mail:
This rule is issued under Marketing Agreement and Order No. 989 (7 CFR part 989), both as amended, regulating the handling of raisins produced from grapes grown in California, hereinafter referred to as the “order.” The order is effective under the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), hereinafter referred to as the “Act.”
The Department of Agriculture (USDA) is issuing this rule in conformance with Executive Order 12866.
This rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule is not intended to have retroactive effect. This rule will not preempt any State or local laws, regulations, or policies, unless they present an irreconcilable conflict with this rule.
The Act provides that administrative proceedings must be exhausted before parties may file suit in court. Under section 608c(15)(A) of the Act, any handler subject to an order may file with USDA a petition stating that the order, any provision of the order, or any obligation imposed in connection with the order is not in accordance with law and request a modification of the order or to be exempted therefrom. Such handler is afforded the opportunity for a hearing on the petition. After the hearing USDA would rule on the petition. The Act provides that the district court of the United States in any district in which the handler is an inhabitant, or has his or her principal place of business, has jurisdiction to review USDA's ruling on the petition, provided an action is filed not later than 20 days after the date of the entry of the ruling.
This rule temporarily suspends an order provision concerning the November 30 deadline by which the RAC must announce a RDP, and extends related deadlines specified under the order's regulations concerning the 2003 diversion program. Changes beginning with a possible 2003 RDP recently have been recommended by the RAC. This action is needed to provide flexibility in implementing the existing as well as any new provisions of a 2003 RDP. This action will also allow necessary review and evaluation of proposed provisions for such a program. This rule also extends the December 15 redemption deadline for diversion certificates for the 2002 Natural (sun-dried) Seedless (NS) RDP, given the lack of sales of those certificates.
The order provides authority for volume regulation designed to promote orderly marketing conditions, stabilize prices and supplies, and improve producer returns. When volume regulation is in effect, a certain percentage of the California raisin crop may be sold by handlers to any market (free tonnage) while the remaining percentage must be held by handlers in a reserve pool (reserve) for the account of the RAC. Reserve raisins are disposed of through various programs authorized under the order. For example, reserve raisins may be sold by the RAC to handlers for free use or to replace part of the free tonnage they exported; carried over as a hedge against a short crop the following year; or may be disposed of in other outlets not competitive with those for free tonnage raisins, such as government purchase, distilleries, or animal feed. Net proceeds from sales of reserve raisins are ultimately distributed to producers.
The RDP is another program concerning reserve raisins authorized under the order and may be used as a means for controlling overproduction. Authority for the program is provided in § 989.56 of the order. Paragraph (e) of that section provides authority for the RAC to establish, with the approval of USDA, such rules and regulations as may be necessary for the implementation and operation of a RDP. Accordingly, additional procedures and deadlines are specified in § 989.156.
These sections currently require the RAC to meet by November 30 each crop year to review raisin data, including information on production, supplies, market demand, and inventories. If the
Approved producers curtail their production by vine removal or some other means established by the RAC. Such producers receive a certificate the following fall from the RAC which represents the quantity of raisins diverted. Producers sell these certificates to handlers who pay producers for the free tonnage applicable to the diversion certificate minus the established harvest cost for the diverted tonnage. Handlers redeem the certificates by presenting them to the RAC, and paying an amount equal to the established harvest cost plus payment for receiving, storing, fumigating, handling, and inspecting the tonnage represented on the certificate. The RAC then gives the handler raisins from the prior year's reserve pool in an amount equal to the tonnage represented on the diversion certificate. The new crop year's volume regulation percentages are applied to the diversion tonnage acquired by the handler (as if the handler had bought raisins directly from a producer).
The California raisin and grape industries continue to be plagued by burdensome supplies and severe economic conditions. Industry members have been reviewing various options to help address some of these concerns. The RAC has also been reviewing options to help the industry address these issues through the marketing order.
At its October 15, 2002, meeting, the RAC recommended modifications to the RDP that are intended to significantly reduce the industry's oversupply and improve producer returns. Some revisions were proposed by the RAC's Executive Committee at follow-up meetings on October 24 and November 4, 2002. The RAC would like its recommended changes in effect for the 2003 diversion program. Given the November 30 deadline in the order for the RAC to announce a 2003 RDP and other deadlines in the regulations, this action is needed to provide flexibility in implementing the existing as well as any new provisions of a 2003 RDP. This action will also allow necessary review and evaluation of provisions for such a program.
Specifically, the words “On or before November 30 of” in § 989.56(a) must be suspended until July 31, 2003, which is the end of the 2002-03 crop year. The November 30 date also is specified in § 989.156(a) of the order's regulations. A proviso should be added to § 989.156(a) to allow the RAC to extend this date for the 2003 diversion program to a later date during the 2002-03 crop year. Similar provisos are added to allow the RAC to extend the following dates in § 989.156 for the 2003 diversion program: the December 20 date specified in paragraph (b) whereby producers must submit applications to the RAC to participate in a RDP; the January 12 date specified in paragraph (c) whereby producers must submit corrected applications to the RAC; and the January 15 date specified in paragraph (a) whereby the RAC can allocate additional tonnage to a RDP. Section 989.56(a) and § 989.156 are modified accordingly.
Section 989.156(k) of the order's regulations specifies that handlers must redeem diversion certificates by December 15 of the crop year for which they were issued. The value of the free tonnage represented on NS raisin diversion certificates has historically been based on a free tonnage field price negotiated by the Raisin Bargaining Association (RBA) and industry handlers. A RBA field price has not yet been established, and most certificates have not been sold by producers. Therefore, § 989.156(k) is modified to specify that, for the 2002 NS RDP, the December 15 redemption deadline may be extended by the RAC to a later date within the 2002-03 crop year.
Pursuant to requirements set forth in the Regulatory Flexibility Act (RFA), the Agricultural Marketing Service (AMS) has considered the economic impact of this action on small entities. Accordingly, AMS has prepared this initial regulatory flexibility analysis.
The purpose of the RFA is to fit regulatory actions to the scale of business subject to such actions in order that small businesses will not be unduly or disproportionately burdened. Marketing orders issued pursuant to the Act, and rules issued thereunder, are unique in that they are brought about through group action of essentially small entities acting on their own behalf. Thus, both statutes have small entity orientation and compatibility.
There are approximately 20 handlers of California raisins who are subject to regulation under the order and approximately 4,500 raisin producers in the regulated area. Small agricultural firms are defined by the Small Business Administration (13 CFR 121.201) as those having annual receipts of less than $5,000,000, and small agricultural producers are defined as those having annual receipts of less than $750,000. Thirteen of the 20 handlers subject to regulation have annual sales estimated to be at least $5,000,000, and the remaining 7 handlers have sales less than $5,000,000. No more than 7 handlers, and a majority of producers, of California raisins may be classified as small entities.
This rule temporarily suspends a provision specified in § 989.56(a) of the order regarding the November 30 deadline by which the RAC must announce a 2003 RDP, and extends related deadlines in § 989.156 applicable to the 2003 diversion program. This rule also extends the December 15 redemption deadline for 2002 RDP certificates. Under a RDP, producers receive certificates from the RAC for curtailing their production to reduce burdensome supplies. The certificates represent diverted tonnage. Producers sell the certificates to handlers who, in turn, redeem the certificates with the RAC for raisins from the prior year's reserve pool. Authority for these changes to the regulations is provided in § 989.56(e) of the order.
Regarding the impact of this action on affected entities, the suspension of the November 30 meeting date and related extensions applicable to the 2003 diversion program are needed to provide flexibility in implementing the existing as well as any new provisions of a 2003 RDP. This action also will allow necessary review and evaluation of proposed provisions for such a program. Changes beginning with a possible 2003 RDP recently have been recommended by the RAC.
Extending the December 15 deadline for the redemption of 2002 NS RDP certificates is necessary, given the lack of sale of such certificates. Producers will have more time to sell their certificates to handlers, and for handlers to redeem the certificates with the RAC. Equity holders in the 2002 NS reserve pool would all benefit from the extension. Once a field price is established, more transactions regarding the RDP certificates can be completed. Producers can earn income when they
This rule imposes no additional reporting or recordkeeping requirements on either small or large raisin handlers. In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the information collection requirement referred to in this rule (
USDA is initiating this action to facilitate administration of the order and help the raisin industry through this difficult time. All interested persons are invited to submit information on the regulatory and informational impact of this action on small businesses. Additionally, a small business guide on complying with fruit, vegetable, and specialty crop marketing agreements and orders may be viewed at:
A 60-day comment period is provided to allow interested persons to respond to this rule. Any comments received will be considered prior to finalization of this rule.
After consideration of all relevant material presented, and other available information, it is hereby found that the order provision temporarily suspended does not tend to effectuate the declared policy of the Act. It is further found that the extension of the deadlines specified in this interim final rule tend to effectuate the declared policy of the Act.
Pursuant to 5 U.S.C. 553, it is also found and determined upon good cause that it is impracticable, unnecessary, and contrary to the public interest to give preliminary notice prior to putting this rule into effect, and that good cause exists for not postponing the effective date of this rule until 30 days after publication in the
Grapes, Marketing agreements, Raisins, Reporting and recordkeeping requirements.
7 U.S.C. 601-674.
(a)(1)
On or before November 30 of each crop year, the Committee shall announce the quantity of raisins eligible for a raisin diversion program:
(b)
(c) * * * However, such correction must be received by the Committee on or before January 12:
(k)
(s)
The Committee may announce a date later than that provided in § 989.156(b), by which producers, who agree to remove the vines on a production unit may file an application to participate in a raisin diversion program.
(1) For the 2002 Natural (sun-dried) Seedless raisin diversion program, additional opportunity for vine removal shall be provided in accordance with paragraph (u) of this section.
(2) For raisin diversion programs applicable to the 2003 and subsequent crop years, the following provisions apply.
(i) The announced date shall be not later than May 1. The diversion certificates will be issued only for the production units from which vines are removed. The total tonnage available to such applicants shall not exceed the tonnage determined by deducting the tonnage approved for applications received on or before December 20 from the total tonnage announced as eligible by the Committee for diversion:
(ii) Producers who agree to remove the vines pursuant to this paragraph shall notify the Committee in advance of the date when such vines will be removed in order to allow a representative of the Committee to observe and verify such vine removal.
Federal Election Commission.
Statement of policy.
During the transition period following the effective date of the Bipartisan Campaign Reform Act of 2002 (“BCRA”), the Commission intends to exercise its discretion by not pursuing the political committees and other persons and entities addressed below for possible violations of the reporting statutes and regulations covered by the instructions set out in this policy statement if they fully adhere to those instructions and timely file the described reports. The limitations on the scope and duration of the policy are discussed in detail below.
Mr. John C. Vergelli, Acting Assistant General Counsel, Mr. Jonathan M. Levin, Senior Attorney, Mr. Gregory Scott, Assistant Staff Director for Information, and Ms. Debbie Chacona, Reports Analysis Division Chief of Party/Non-Party Branch, 999 E Street, NW., Washington, DC 20463, (202) 694-1650 or (800) 424-9530.
Congress established a 90-day period during which the Commission was required to promulgate regulations implementing Title I of BCRA regarding certain national, state, and local party committee activities, including reporting of Federal election activity and certain allocable expenses. This period ended on June 25, 2002. Congress also required the Commission to complete the remaining BCRA rulemakings, including those regarding other reporting requirements, in 270 days, which is December 22, 2002. The Commission adopted final rules implementing Title I on June 25, 2002.
BCRA introduced new reporting responsibilities for political party committees and other reporting entities and significantly changed certain existing requirements. Among the significant changes introduced by BCRA are the reporting by State, district, and local party committees of Federal election activities (“FEA”), including the allocation of some of those activities between Federal funds and “Levin” funds, and revisions in those committees' allocations of payments between Federal and non-Federal funds.
As new forms are now being developed to meet the new requirements, the Commission concludes that a period of transition and adjustment with respect to reporting is needed, including allowance for the continued use of the ballot composition formula in the Post-General and Year End Reports. To assist filers during this transition period, the Commission has developed the interim disclosure
Hence, the Commission intends to exercise its discretion by not pursuing the committees and other persons and entities addressed below for possible violations of the reporting statutes and regulations covered by the instructions set out in this policy statement if the filers fully adhere to those instructions and timely file the reports.
For the December 5th Post General Election report and the January 31st Year End report
For the December 5th Post General Election report and the January 31st Year End report
During the transition period, the Commission will allow committees to amend reports to disclose as Levin funds receipts that were not initially disclosed as such. The Commission plans to address this issue more broadly when it finalizes the reporting and filing procedures for BCRA in 2003.
• The name of the committee;
• The name, mailing address, city, state and zip code for each payee;
• The date and amount; and
• The purpose of the disbursement.
Use the table below to determine the appropriate formula for allocating “Federal Election Activities,” if any, conducted between November 6, 2002, and December 31, 2002.
Use the table below to determine the appropriate allocation formula to use on or after January 1, 2003.
On the first report disclosing 2003 activity (
• The name of the committee;
• The name, mailing address, city, state and zip code for each payee;
• The date of each transaction;
• The category of federal election activity (
• The year-to-date total for the activity;
• The purpose of disbursement;
• The federal share of each expense;
• The “Levin fund” share of each expense; and
• The combined federal/Levin total for each entry.
• Adding the combined federal and Levin fund total from the last page to the total for line 30 “Total Disbursements;” and
• Adding the total federal share from the last page to the total for line 31 “Total Federal Disbursements.”
• The name of the committee;
• The report to which the activity relates (
• The name, mailing address, city, state and zip code for each payee;
• The date of each transaction;
• The category of federal election activity (
• The year-to-date total for the activity;
• The purpose of disbursement;
• The federal share of each expense;
• The “Levin fund” share of each expense; and
• The combined federal/Levin total for each entry.
• The name of the committee;
• The name of the account (
• The date of the transfer; and
• The categorical breakdown of the transfer received on that date (
• The name of the committee;
• The name of the account (
• The report to which the activity relates (
• The date of the transfer; and
• The categorical breakdown of the transfer received on that date (
All candidates seeking election to federal office on/after January 1, 2003, must provide an e-mail address, a fax number and a declaration of intent to expend personal funds.
• Paper Filers:
• The declaration should read: “With respect to this election, I intend to expend personal funds totaling [
• E-Filers:
• The declaration should read: “With respect to this election, I intend to expend personal funds totaling [
E-mail or fax a report to the FEC disclosing:
• Name, address, occupation and name of employer or principal place of business of the individual or person making the communication;
• Name, address, occupation and name of employer or principal place of business of any person sharing or exercising control over the person making the communication;
• Name, address, occupation and name of employer or principal place of business of the custodian of the books and accounts from which the disbursements for the communication was made;
• If the person making the communication pays for it exclusively from a segregated bank account, the name and address of persons who donate $1,000 or more to that account, including the date and amount of those donations;
• If the person making the communication does not pay for it exclusively from a segregated bank account, the name and address of persons who donate $1,000 or more to the person making the communication (regardless of whether those funds are
• Disbursements of more than $200, including the name and address of the payee, date, amount and purpose of the disbursement, the name of the federal candidate, and the election identified in the communication;
• Total donations received and disbursements made in this report;
• Aggregate disbursements year-to-date;
• The disclosure date (
• The following statement: “Under penalty of perjury, I certify that this report is true, correct and complete.” followed by the name/signature of the person making that statement and the date.
National Credit Union Administration (NCUA).
Final rule.
Pursuant to Congressional mandate, the National Credit Union Administration (NCUA) adopted a comprehensive system of prompt corrective action consisting of minimum capital standards and corresponding remedies to restore the net worth of federally-insured credit unions. After six quarters of implementation, the NCUA Board issued a proposed rule consisting of revisions and adjustments intended to improve and simplify the system of prompt corrective action. As revised to reflect public comments, the NCUA Board now issues a final rule incorporating these improvements.
Effective January 1, 2003.
The following acronyms are used throughout:
Throughout the Supplementary Information section, citations to part 702 refer to the current version of 12 CFR 702
In 1998, Congress enacted the Credit Union Membership Access Act (“CUMAA”), Pub. L. 105-219, 112 Stat. 913 (1998). CUMAA amended the Federal Credit Union Act (“the Act”) to require NCUA to adopt by regulation a system of “prompt corrective action” (“PCA”) consisting of minimum capital standards and corresponding remedies to improve the net worth of federally-insured “natural person” credit unions. 12 U.S.C. 1790d
Subpart A of part 702 consists of standards for calculating a credit union's net worth and classifying it among five statutory net worth categories. 12 CFR 702.101-108. Also included in subpart A is a separate risk-based net worth (“RBNW”) component that applies to non-“new” credit unions, § 702.102(a)(1)-(2), that satisfy minimum RBNW and asset size requirements, § 702.103, and whose portfolios of assets and liabilities carry above average risk exposure. § 702.104; 65 FR 44950 (July 20, 2000). Subpart B combines mandatory and discretionary supervisory actions indexed to the five categories, as well as PCA-based conservatorship and liquidation. §§ 702.201-206. Subpart C consists of a system of PCA for “new” credit unions. §§ 702.301-307. Subpart D prescribes reserve accounts, requirements for full and fair disclosure of financial condition, and prerequisites for paying dividends consistent with the earnings retention requirement in subpart B. §§ 702.401-403. In addition to these substantive provisions, subpart L of part 747 established an independent review process allowing affected credit unions and officials to challenge PCA decisions. 12 CFR 747.2001
Part 702 and subpart L of part 747 were effective August 7, 2000, and first applied to activity in the fourth quarter of 2000 as reflected in the Call Report for that period. The RBNW component of part 702 was effective January 1, 2001, and first applied (for quarterly Call Report filers) to activity in the first quarter of 2001 as reflected in the Call Report for that period.
At the conclusion of the initial PCA rulemaking process, the NCUA Board directed the “PCA Oversight Task Force” (a working group consisting of NCUA staff and State regulators) to review at least a full year of PCA implementation and recommend necessary modifications. 65 FR at
a.
b.
On June 4, 2002, NCUA issued a proposed rule consisting of revisions and adjustments intended to improve and simplify the system of PCA. 67 FR 38431 (June 4, 2002). By the close of the comment period for the proposed rule, August 5, 2002, NCUA received 26 comment letters. Comments were received from seven federal credit unions, four state credit unions, eight state credit union leagues, two credit union industry trade associations, an association of state credit union supervisors, two banking industry trade associations, and a Federal Home Loan Bank. Nearly all of the comments supported the series of proposed revisions and adjustments to part 702.
This rulemaking will not address the few comments that suggested modifications to part 702 that exceed the scope of NCUA's statutory authority or that are completely unsupported. Comments on the concept of “safe harbor” approval of a net worth restoration plan are addressed in a separate proposed rule found elsewhere in this volume of the
a.
b.
c.
For nearly all credit unions, the effective date of net worth classification is the “quarter-end effective date”—“the last day of the calendar month following the end of the calendar quarter.” § 702.101(b)(1). Occasionally, however, an interim effective date between quarter-ends applies instead because “the credit union's net worth ratio is recalculated by or as a result of its most recent final report of examination.” § 702.101(b)(2). This typically results when an NCUA examination that takes place after the quarter-end effective date discloses that the credit union erred in calculating its net worth ratio and the corrected ratio puts it in a different net worth category. In that case, the date the credit union receives the final examination report becomes the new effective date of classification to the proper net worth category.
Several flaws have made it difficult to implement subsection (b)(2). First, it extended to instances where there was no error or misstatement in calculating net worth, but rather, data or conditions simply had changed since the date of the Call Report (which would be reflected in the next quarter's Call Report). Second, notice to the credit union to correct its net worth ratio had to await the “most recent report of final examination” even when an earlier supervision contact disclosed a calculating error or misstatement. Third, postponing such notice may deprive the credit union of the opportunity to take corrective action sooner. To rectify these flaws, the proposed rule revised subsection (b)(2) to define the effective date of classification to a “corrected net worth category” as “the date the credit union receives subsequent written notice . . . of a decline in net worth category due to correction of an error or misstatement in the credit union's most recent Call Report.” 67 FR 38434. NCUA received three comments on this section, all favoring these revisions. Therefore, the final rule adopts them as proposed.
The proposed rule suggested no modifications to the standard component for “member business loans outstanding” (“MBLs”). § 702.106(b). However, one commenter contended that the 12.25 percent risk-weighting threshhold in that component was arbitrarily based on CUMAA's restriction on member business lending, 12 U.S.C. 1757a(a)(2), and proposed that the threshhold be increased to 25 percent. After considering this suggestion, the NCUA Board has determined that the existing 12.25 percent threshold warrants reconsideration in connection with its review of the current MBL regulation, 12 CFR 723. Pending reconsideration, a credit union has two alternatives if it finds that the 12.25 percent threshhold distinguishes risk weightings among MBLs imprecisely. First, to resort to the corresponding alternative component for MBLs, § 702.107(b), which measures finer increments of risk among fixed- and variable rate MBLs. And second, to seek a risk mitigation credit, § 702.108, to moderate the impact of the standard risk-weightings. Accordingly, the existing 12.25 percent threshold is retained at this time.
a.
Six commenters objected that the NCUA Board's position denies them a reduced risk-weighting even though a “call” feature gives them the flexibility to shorten the term of real estate loans, thereby mitigating interest rate risk, and credit risk due to deterioration of the borrower's ability to repay or the collateral's value. One commended the “call” feature as a risk management tool. Another advocated allowing use of the “call” date, in lieu of the maturity date, on a credit union-by-credit union basis. And finally, a commenter recommended categorizing “callable” and non-“callable” loans separately and assigning lower risk weightings to the “callable” category to reflect its reduced interest rate risk. In light of these comments, the NCUA Board has reconsidered its position and now recognizes that a “call” feature, when exercised in good faith, provides some measure of risk mitigation for real estate loans.
Accordingly, the final rule expands the existing alternative component for “long-term real estate loans” to add a separate schedule for loans that are “callable” within a maximum period of 5 years. § 702.107(a)(2). The schedule consists of three maturity buckets that correspond to the buckets in the non-“callable” schedule.
b.
In view of these developments, the proposed rule added a fourth alternative component to § 702.107 that would allow variable risk-weighting according to the actual credit risk exposure of loans sold with a contractual recourse obligation of less than 6 percent. 67 FR at 38434. The proposed alternative component is the sum of two risk-weighting buckets. The first bucket consists of the balance of loans sold with contractual recourse obligations of six percent or greater; it is risk-weighted at a uniform six percent. § 702.107(d)(1). The second bucket consists of the balance of loans sold with contractual recourse obligations of less than six percent; it is risk-weighted according to the weighted average recourse percent of its contents, as computed by the credit union.
c.
Part 702 permits a credit union that fails an applicable RBNW requirement under both the “standard calculation” and the “alternative components” to apply for a “risk mitigation credit” (“RMC”). § 702.108(a). If granted, an RMC will reduce the RBNW requirement that must be met.
To spare credit unions that are genuinely in danger of failing an RBNW requirement from the “fail first” prerequisite, the proposed rule allowed them to apply for an RMC preemptively—that is, to apply in advance of the quarter-end so that the credit union receives any RMC for which it qualifies
a.
To address both flaws, the proposed rule revised subsection (a) to specify that it is the “the dollar amount” of net
b.
Two commenters advocated a more flexible approach—making the application period negotiable, and accepting verbal applications after the deadline, both on a case-by-case basis. The NCUA Board continues to believe that a documented request submitted within a “bright line” time frame is necessary for two reasons. First, to give credit unions clear notice of when they must apply for a decrease. Second, to facilitate uniform discipline of credit unions that unilaterally pay dividends without advance permission to decrease their earnings retention. A third commenter objected that a request to decrease earnings retention should not be required when a credit union is operating under an approved net worth restoration plan (“NWRP”) that projects quarterly earnings retention that is less than the minimum.
c.
d.
For “adequately capitalized” credit unions (for whom earnings retention is the only MSA), quarterly review is implicit because a request to decrease earnings retention already must be renewed on a quarter-by-quarter basis. However, for credit unions classified “undercapitalized” or lower, separate quarterly review would be redundant when an approved NWRP is in place. To be approved, an NWRP must, in addition to prescribing quarterly net worth targets, § 702.206(c)(1)(i), project the amount of earnings retention, decreased as permitted by NCUA, for each quarter of the term of the NWRP. § 702.206(c)(1)(ii). Typically, approved NWRPs permit decreases in earnings retention extending for successive quarters over the term of the plan. These decreases are effectively subject to quarterly review and revocation as a function of the NWRP. A credit union that falls to a lower net worth category because it failed to implement the steps or to meet the quarterly net worth targets in its NWRP may be required to file a new NWRP, § 702.206(a)(3), thereby revoking the then-current NWRP approving future decreases in earnings retention.
Because quarterly review is effectively built-in to the NWRP, proposed new subsection (d) exempted credit unions operating under an NWRP from the quarterly review that § 702.201 imposes on “adequately capitalized” credit unions. NCUA received no comments on this exemption. Accordingly, the final rule adopts new subsection (d) as proposed.
a.
Congress left it entirely to the NCUA Board to “take such other action” in lieu of conservatorship and liquidation “as the Board determines would better achieve the purpose of [PCA], after documenting why the action would better achieve that purpose.” 12 U.S.C. 1790d(i)(1)(b).
To implement a more flexible approach to imposing OCA in lieu of conservatorship and liquidation, the proposed rule revised subsection (c)(1)(iii) to provide that “[OCA] may consist, in whole or in part, of complying with the timetable of quarterly steps and meeting quarterly net worth targets prescribed in an approved [NWRP].” § 702.204 (c)(1)(iii). This would permit, but not require, NCUA to limit OCA to directing a credit union that already is in compliance with its approved NWRP to simply continue to comply, without undertaking any further action beyond what the NWRP already requires. NCUA received two comments; both supported this shift in approach to implementing OCA. Accordingly, the final rule adopts revised subsection (c)(1)(iii) as proposed.
b.
To impose similar finality upon the unfolding timetable of decisions that starts when a credit union becomes “critically undercapitalized,” the proposed rule revised subsection (c)(4) to set a deadline of ten calendar days in which to appeal a delegated decision. Objecting that 10 days is too few for small credit unions with unsophisticated management, the one commenter who addressed this section advocated a 30-day appeal period instead. However, the final rule adopts the proposed 10-day appeal period for two reasons. First, it parallels the 10-day window that the Act provides for seeking judicial review of any statutory conservatorship or liquidation. 12 U.S.C. 1786(h)(3), 1787(a)(1)(B). Second, a longer appeal period would unreasonably delay the payout of shares to members that must promptly follow a liquidation.
c.
As explained above in reference to new subsection (c) of § 702.201, a cross-reference in § 702.205(c) misidentified the decision whether to permit a decrease in a FISCU's quarterly earnings retention as a DSA. To correct this error, the final rule deletes the erroneous cross-reference and relocates the “consult and seek to work cooperatively” requirement in § 702.201(c).
a.
b.
c.
Under the original alternative system of PCA for new credit unions, a credit union that managed to become “adequately capitalized” while still new was subject to the same minimum earnings retention that applies to non-new credit unions that are “adequately capitalized.”
To eliminate the disincentive, the proposed rule put all new credit unions having a net worth lower than 7 percent in parity for purposes of earnings retention. 67 FR at 38437. An “adequately capitalized” new credit union would no longer be subject to the same minimum earnings retention as a non-new counterpart. Instead, like new credit unions in lower categories, it would be required to increase net worth quarterly by “an amount reflected in its approved initial or revised business plan” until it becomes “well capitalized.” In the absence of such a plan, however, the credit union would remain subject to the same quarterly minimum earnings retention as non-“new” credit unions.
Two commenters supported parity among new credit unions for earnings retention purposes. Advocating a far less flexible approach, a third commenter (a banking industry trade association) objected that exempting any new credit unions from the statutory minimum earnings retention is not in accordance with CUMAA. That commenter overlooks the fact that CUMAA applies a minimum earnings retention requirement to non-new credit unions; it prescribed no earnings retention requirement at all for new credit unions. 12 U.S.C. 1790d(e)(1). Instead, CUMAA gave NCUA discretion in developing an alternative system of PCA, provided that it recognized that new credit unions initially have no net worth; need reasonable time to accumulate net worth; and need incentives to become “adequately capitalized” by the time they no longer qualify as “new.” 12 U.S.C. 1790d(b)(2)(B).
11.
As explained above, the final rule modifies § 702.201(a) to specify that earnings retention must increase the “the dollar amount” of net worth, not simply the net worth ratio itself. To conform to that modification, § 702.304(a)(1) is revised accordingly.
a.
b.
The proposed rule put all new credit unions that must file an RBP in parity. First, it deleted the 90-day filing window for “uncapitalized” credit unions, thereby limiting them to the general 30-day window, once they are required to file an RBP. 67 FR at 38438. Second, it reorganized subsection (a)(2) to parallel the conditions that trigger other less than “adequately capitalized” new credit unions to revise their business plans, § 702.304(a)(2), even though only “uncapitalized” credit unions are initially allowed to operate with no net worth. To that end, the proposed rule required an “uncapitalized” credit union to submit an RBP if it either: fails to increase net worth (
The sole commenter on this topic supported the 30-day window for filing an RBP, while also urging NCUA to relieve the burden on new credit unions by providing assistance in preparing RBPs.
c.
NCUA received no comments on the revisions to subsection (c)(2) and, therefore, they are adopted as proposed. In addition, the final rule relocates to a new subsection (c)(3) the existing exception to mandatory conservatorship or liquidation for a credit union that is able to demonstrate that it is viable and has a reasonable prospect of becoming “adequately capitalized.”
d.
a.
The original rule's 30-day filing period ran from “the effective date (per § 702.101(b)) of the credit union's failure to meet a quarterly net worth target prescribed in its then-present business plan.” § 702.306(a)(1). Even as revised, however, § 702.101(b), which addresses the effective date of classification among the net worth categories, says nothing to determine when a quarterly net worth target is met. The subtlety of this distinction may confuse credit unions that have no then-present approved business plan or have violated the MSA restricting MBLs. Therefore, the proposed rule further revised subsection (a)(1) to effectively give new credit unions that fail to meet a quarterly target 60 days following the quarter-end to file an RBP. § 702.306(a)(1)(i). The 60-day period combines the calendar month that separates the quarter-end from the effective date of classification, with the uniform 30-day filing period that commences on the effective date. Finally, the proposed rule revised subsection (a)(1) still further to clarify that, for new credit unions that either have no approved business plan or that have violated the MBL restriction, the effective date of classification as less than “adequately capitalized” triggers the 30-day window for filing an RBP. § 702.306(a)(1)(ii)-(iii). NCUA received no comments on the revisions to the filing schedule for RBPs. Accordingly, revised subsection (a)(1) is adopted as proposed.
b.
c.
a.
b.
c.
The sole commenter on the revisions proposed for subsection (c)(2) objected that the dual approval requirement would unnecessarily overburden NCUA with the oversight of State officials. On the contrary, the NCUA Board does not consider its approval to be a function of overseeing State officials. Rather, its approval for a State-chartered credit union to charge losses to the regular reserve is integral to PCA because of NCUA's independent role as insurer of the shares and deposits of federally-insured State-chartered credit unions. Accordingly, revised subsection (c)(2) is adopted as proposed.
a.
b.
Subsection (a)(2) originally allowed State-chartered credit unions to charge losses other than loan losses to the regular reserve in accordance with State law or procedures, but without regulatory approval, provided that the charges did not cause the credit union to decline below “well capitalized.” 12 CFR 741.3(a)(2). The preceding subsection (a)(1) incorporates by reference all of part 702 as a prerequisite for insurability of State-chartered credit unions. As discussed above, § 702.401(c) already imposes on State-chartered credit unions the same conditions for regulatory approval that subsection (a)(2) prescribes for an insured credit union seeking to charge losses to the regular reserve. Because this makes subsection (a)(2) redundant, the final rule eliminates it from § 741.3.
The final rule's removal of subsection (a)(2) does not mean that § 702.401(c) preempts “either state law or procedures established by the appropriate State official” that restrict a State-chartered credit union's ability to charge losses to the regular reserve. On the contrary, such charges would independently remain subject to applicable State laws and procedures. Further, an appropriate State official would retain complete discretion to withhold approval of such charges, under § 702.401(c)(2), on grounds that they would violate State law or procedures.
The NCUA Board is authorized to “assess a civil money penalty against a credit union which fails to implement a net worth restoration plan * * * or a revised business plan under * * * part 702.” 12 CFR 747.2005(b)(2). As explained above, the NCUA Board has determined that it is not in the public interest to require publication of an NWRP or an RBP in order for either to be enforceable and §§ 702.206 and 702.306 are modified accordingly. The final rule makes a conforming modification to § 747.2005(b)(2) to provide that a civil money penalty may be assessed for failure to implement a plan “regardless whether the plan was published.”
The Regulatory Flexibility Act requires NCUA to prepare an analysis describing any significant economic impact a proposed regulation may have on a substantial number of small credit unions (primarily those under $1 million in assets). The proposed rule improves and simplifies the existing system of PCA mandated by Congress. 12 U.S.C. 1790d. The NCUA Board has determined and certifies that the final rule will not have a significant economic impact on a substantial number of small credit unions and, therefore, a Regulatory Flexibility Analysis is not required.
The reporting requirements in this final rule have been submitted to the Office of Management and Budget. Under the Paperwork Reduction Act of 1995, no person is required to respond to a collection of information unless it displays a valid OMB number. Control number 3133-0161 has been issued for part 702 and will be displayed in the table at 12 CFR part 795.
Executive Order 13132 encourages independent regulatory agencies to consider the impact of their regulatory actions on State and local interests. NCUA, an independent regulatory agency as defined in 44 U.S.C. 3502(5), voluntarily adheres to the fundamental federalism principles addressed by the executive order. This final rule will apply to all federally-insured credit unions, including State-chartered credit unions. Accordingly, it may have a direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. This impact is an unavoidable consequence of carrying out the statutory mandate to adopt a system of prompt corrective action to apply to all federally-insured credit unions. NCUA staff has consulted with a committee of representative State regulators regarding the impact of the proposed revisions on State-chartered credit unions. Their comments and suggestions are reflected in the proposed rule.
The Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121) provides generally for congressional review of agency rules. A reporting requirement is triggered in instances where NCUA issues a final rule as defined by section 551 of the Administrative Procedure Act, 5 U.S.C. 551. The Office of Management and Budget has determined that this rule is not a major rule.
Credit unions, Reporting and recordkeeping requirements.
Administrative practices and procedures, Credit unions.
12 U.S.C. 1766(a), 1790d.
(i)
(k)
(i)
* * *
(iv)
(b) * * *
(1)
(2)
(3)
(c)
(a)
(1)
(i) Eight percent (8%) of the amount of such loans with a remaining maturity of greater than 5 years, but less than or equal to 12 years;
(ii) Twelve percent (12%) of the amount of such loans with a remaining maturity of greater than 12 years, but less than or equal to 20 years; and
(iii) Fourteen percent (14%) of the amount of such loans with a remaining maturity greater than 20 years;
(2)
(i) Six percent (6%) of the amount of such loans with a documented call provision of 5 years or less and with a remaining maturity of greater than 5 years, but less than or equal to 12 years;
(ii) Ten percent (10%) of the amount of such loans with a documented call provision of 5 years or less and with a remaining maturity of greater than 12 years, but less than or equal to 20 years; and
(iii) Twelve percent (12%) of the amount of such loans with a documented call provision of 5 years or less and with a remaining maturity of greater than 20 years;
(d)
(1) Six percent (6%) of the amount of loans sold with contractual recourse obligations of six percent (6%) or greater; and
(2) The weighted average recourse percent of the amount of loans sold with contractual recourse obligations of less than six percent (6%), as computed by the credit union.
(a)
(b)
(1) Credit risk; or
(2) Interest rate risk as demonstrated by economic value exposure measures.
(a)
(b)
(1) Is necessary to avoid a significant redemption of shares; and
(2) Would further the purpose of this part.
(c)
(d)
(a) * * *
(1)
(b) * * *
(3)
(c) * * *
(1) * * *
(iii)
* * *
(4)
(d)
(c) * * *
(1) * * *
(ii) The projected amount of earnings to be transferred to the regular reserve account in each quarter of the term of the NWRP as required under § 702.201(a), or as permitted under § 702.201(b);
(iii) How the credit union will comply with the mandatory and any discretionary supervisory actions imposed on it by the NCUA Board under this subpart;
(i)
(d)
Beginning on the effective date of classification, an “adequately capitalized” new credit union must increase the dollar amount of its net worth by the amount reflected in its approved initial or revised business plan in accordance with § 702.304(a)(2), or in the absence of such a plan, in accordance with § 702.201, and quarterly transfer that amount from undivided earnings to its regular reserve account, until it is “well capitalized.”
(a)
(1)
(2)
(i) Has not increased its net worth ratio consistent with its then-present approved business plan;
(ii) Has no then-present approved business plan; or
(iii) Has failed to comply with paragraph (a)(3) of this section; and
(3)
(a)
(1)
(2)
(i) Has not increased its net worth ratio consistent with its then-present approved business plan;
(ii) Has no then-present approved business plan; or
(iii) Has failed to comply with paragraph (a)(3) of this section; and
(3)
(c) * * *
(2)
(i) The effective date of classification as “uncapitalized”; or
(ii) The last day of the calendar month following expiration of the time period provided in the credit union's initial business plan (approved at the time its charter was granted) to remain “uncapitalized,” regardless whether a revised business plan was rejected, approved or implemented.
(3)
(d)
(a)
(i) The last of the calendar month following the end of the calendar quarter that the credit union's net worth ratio has not increased consistent with its the-present approved business plan;
(ii) The effective date of classification as less than “adequately capitalized” if the credit union has no then-present approved business plan; or
(iii) The effective date of classification as less than “adequately capitalized” if the credit union has increased the total amount of member business loans in violation of § 702.304(a)(3).
(2)
(3)
(b) * * *
(2) Establish a timetable of quarterly targets for net worth during each year in which the RBP is in effect so that the credit union becomes “adequately capitalized” by the time it no longer qualifies as “new” per § 702.301(b);
(h)
(c)
(1) The charge will not cause the credit union's net worth classification to fall below “adequately capitalized” under subparts B or C of this part; or
(2) If the charge will cause the net worth classification to fall below “adequately capitalized,” the appropriate Regional Director and, if State-chartered, the appropriate State official, have given written approval (in an NWRP or otherwise) for the charge.
(b)
(1) The payment of dividends will not cause the credit union's net worth classification to fall below “adequately capitalized” under subpart B or C of this part; or
(2) If the payment of dividends will cause the net worth classification to fall below “adequately capitalized,” the appropriate Regional Director and, if State-chartered, the appropriate State official, have given prior written approval (in an NWRP or otherwise) to pay a dividend.
12 U.S.C. 1757, 1766, 1781-1790, and 1790d. Section 741.4 is also authorized by 31 U.S.C. 3717.
12 U.S.C. 1766, 1786, 1784, 1787, 1790d and 4806(a); and 42 U.S.C. 4012a.
(b) * * *
(2)
Federal Aviation Administration, DOT.
Final rule; request for comments.
This amendment adopts a new airworthiness directive (AD) that is applicable to Rolls-Royce plc. (RR) models RB211-535E4-37, RB211-535E4-B-37, and RB211-535E4-B-75 turbofan engines, with certain part number (P/N) low pressure (LP) turbine stage 2 discs installed. This action requires establishing new reduced LP turbine stage 2 disc cyclic limits. This action also requires removing from service affected discs that already exceed the new reduced cyclic limit, and removing other affected discs before exceeding their cyclic limits, using a drawdown schedule. The actions specified in this AD are intended to prevent LP turbine stage 2 disc failure, which could result in uncontained engine failure and possible loss of the airplane.
Effective December 30, 2002. The incorporation by reference of certain publications listed in the rule is approved by the Director of the Federal Register as of December 30, 2002.
Comments for inclusion in the Rules Docket must be received on or before January 28, 2003.
Submit comments in triplicate to the Federal Aviation Administration (FAA), New England Region, Office of the Regional Counsel, Attention: Rules Docket No. 2002-NE-16-AD, 12 New England Executive Park, Burlington, MA 01803-5299. Comments may be inspected at this location, by appointment, between 8 a.m. and 4:30 p.m., Monday through Friday, except Federal holidays. Comments may also be sent via the Internet using the following address:
The service information referenced in this AD may be obtained from Rolls-Royce plc, P.O. Box 31 Derby, DE24 8BJ, United Kingdom; telephone 011-44-1332-242424; fax 011-44-1332-249936. This information may be examined, by appointment, at the FAA, New England Region, Office of the Regional Counsel, 12 New England Executive Park, Burlington, MA; or at the Office of the Federal Register, 800 North Capitol Street, NW., Suite 700, Washington, DC.
Ian Dargin, Aerospace Engineer, Engine Certification Office, FAA, Engine and Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803-5299; telephone (781) 238-7178; fax (781) 238-7199.
The Civil Aviation Authority (CAA), which is the airworthiness authority for the United Kingdom (U.K.), recently notified the FAA that an unsafe condition may exist on RR models RB211-535E4-37, RB211-535E4-B-37, and RB211-535E4-B-75 turbofan engines. The CAA advises that a reassessment of the safe cyclic limits of LP turbine stage 2 discs, P/N's UL11508, UL17141, UL18947, UL29029, and UL37352 has been performed by the manufacturer. The cyclic limits of these discs are reduced based on more recent thermal and stress data obtained from operational experience. This condition, if not corrected, could result in uncontained engine failure and possible loss of the airplane.
Rolls-Royce plc. has issued mandatory service bulletin (MSB) RB.211-72-D181, Revision 3, dated August 16, 2002, that specifies a drawdown schedule for removing from service affected LP turbine stage 2 discs, using new Time Limits Manual (TLM) cyclic limits. This MSB provides a scheduled reduction, by engine and flight plan, of LP turbine stage 2 disc lives until the full life-cycle reduction on December 31, 2005. This MSB also provides instructions for performing a one-time on-wing eddy current inspection for cracks of affected LP turbine stage 2 discs to allow a disc to remain in service for an additional 3,000 cycles, if it does not exceed the new, lower TLM cyclic limit. The CAA has classified this service bulletin as mandatory and issued AD 006-05-2001 in order to assure the airworthiness of these Rolls-Royce plc. turbofan engines in the U.K.
This engine model is manufactured in the U.K. and is type certificated for operation in the United States under the provisions of section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and the applicable bilateral airworthiness agreement. Pursuant to this bilateral airworthiness agreement, the CAA has kept the FAA informed of the situation described above. The FAA has examined the findings of the CAA, reviewed all available information, and determined that AD action is necessary for products of this type design that are certificated for operation in the United States.
Since an unsafe condition has been identified that is likely to exist or develop on other RR models RB211-535E4-37, RB211-535E4-B-37, and RB211-535E4-B-75 turbofan engines of the same type design, this AD is being issued to prevent LP stage 2 turbine disc failure, which could result in uncontained engine failure and possible loss of the airplane. This AD requires:
• Reducing the LP turbine stage 2 disc life-cyclic limits; and
• Removing from service affected discs that already exceed the new reduced cyclic limits; and
• Removing other affected discs before exceeding their cyclic limits, using a drawdown schedule.
Since a situation exists that requires the immediate adoption of this regulation, it is found that notice and opportunity for prior public comment hereon are impracticable, and that good cause exists for making this amendment effective in less than 30 days.
Although this action is in the form of a final rule that involves requirements affecting flight safety and, thus, was not preceded by notice and an opportunity for public comment, comments are invited on this rule. Interested persons are invited to comment on this rule by submitting such written data, views, or arguments as they may desire. Communications should identify the Rules Docket number and be submitted in triplicate to the address specified under the caption
Comments are specifically invited on the overall regulatory, economic, environmental, and energy aspects of the rule that might suggest a need to modify the rule. All comments submitted will be available, both before and after the closing date for comments, in the Rules Docket for examination by interested persons. A report that summarizes each FAA-public contact concerned with the substance of this AD will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments submitted in response to this action must submit a self-addressed, stamped postcard on which the following statement is made: “Comments to Docket Number 2002-NE-16-AD.” The postcard will be date stamped and returned to the commenter.
This final rule does not have federalism implications, as defined in Executive Order 13132, because it would not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Accordingly, the FAA has not consulted with state authorities prior to publication of this final rule.
The FAA has determined that this regulation is an emergency regulation that must be issued immediately to correct an unsafe condition in aircraft, and is not a “significant regulatory action” under Executive Order 12866. It has been determined further that this action involves an emergency regulation under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979). If it is determined that this emergency regulation otherwise would be significant under DOT Regulatory Policies and Procedures, a final regulatory evaluation will be prepared and placed in the Rules Docket. A copy of it, if filed, may be obtained from the Rules Docket at the location provided under the caption
Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.
Accordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration amends part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows:
49 U.S.C. 106(g), 40113, 44701.
This AD applies to each engine identified in the preceding applicability provision, regardless of whether it has been modified, altered, or repaired in the area subject to the requirements of this AD. For engines that have been modified, altered, or repaired so that the performance of the requirements of this AD is affected, the owner/operator must request approval for an alternative method of compliance in accordance with paragraph (d) of this AD. The request should include an assessment of the effect of the modification, alteration, or repair on the unsafe condition addressed by this AD; and, if the unsafe condition has not been eliminated, the request should include specific proposed actions to address it.
To prevent LP turbine stage 2 disc failure, which could result in an uncontained engine failure and possible loss of the airplane, do the following:
(a) Change the RR Time Limits Manual cyclic limits for LP turbine stage 2 discs as specified in the following Table 1:
(b)(1) For RB211-535E4 engines operating to flight plan A, and RB211-535E4-B engines, remove the LP turbine stage 2 disc from service using the CSN and Action times listed in the following Table 2.
(2) Information regarding disc removal may be found in 3.A. of the Accomplishment Instructions of Mandatory Service Bulletin (MSB) RB.211-72-D181, Revision 3, dated August 16, 2002.
(3) The optional on-wing eddy current disc inspection noted in Table 2 of this AD must be performed in accordance with 3.C.(1) through 3.C.(6) of the Accomplishment Instructions of MSB RB.211-72-D181, Revision 3, dated August 16, 2002.
(c)(1) For RB211-535E4 engines operating to flight plan B, remove the LP turbine stage 2 disc from service using the CSN and Action times listed in the following Table 3.
(2) Information regarding disc removal may be found in 3.A. of the Accomplishment Instructions of MSB RB.211-72-D181, Revision 3, dated August 16, 2002.
(3) The optional on-wing eddy current disc inspection must be performed in accordance with 3.C.(1) through 3.C.(6) of the Accomplishment Instructions of MSB RB.211-72-D181, Revision 3, dated August 16, 2002.
(d) An alternative method of compliance or adjustment of the compliance time that provides an acceptable level of safety may be used if approved by the Manager, Engine Certification Office (ECO). Operators must submit their requests through an appropriate FAA Principal Maintenance Inspector, who may add comments and then send it to the Manager, ECO.
Information concerning the existence of approved alternative methods of compliance with this airworthiness directive, if any, may be obtained from the ECO.
(e) Special flight permits may be issued in accordance with §§ 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 21.197 and 21.199) to operate the airplane to a location where the requirements of this AD can be done.
(f) The disc removals and inspections must be done in accordance with Roll-Royce MSB RB.211-72-D181, Revision 3, dated August 16, 2002. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from Rolls-Royce plc, PO Box 31, Derby, England; telephone: 011-44-1332-249428; fax 011-44-1332-249223. Copies may be inspected at the FAA, New England Region, Office of the Regional Counsel, 12 New England Executive Park, Burlington, MA; or at the Office of the Federal Register, 800 North Capitol Street, NW, Suite 700, Washington, DC.
The subject of this AD is addressed in CAA airworthiness directive 006-05-2001.
(g) This amendment becomes effective on December 16, 2002.
Federal Aviation Administration, DOT.
Final rule.
This amendment adopts a new airworthiness directive (AD) for the specified Eurocopter France (ECF) model helicopters that requires inspecting the 9-degree frame (frame) for the correct edge distance of the two attachment holes for the reinforced latch support and for a crack and repairing the frame if necessary. This amendment is prompted by the detection of a fatigue crack on the left-hand (LH) side of the frame during maintenance. The actions specified by this AD are intended to prevent failure of the frame due to a crack at the latch support, loss of a passenger door, damage to the rotor system, and subsequent loss of control of the helicopter.
Effective January 3, 2003.
The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of January 3, 2003.
The service information referenced in this AD may be obtained from American Eurocopter Corporation, 2701 Forum Drive, Grand Prairie, Texas 75053-4005, telephone (972) 641-3460, fax (972) 641-3527. This information may be examined at the FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas; or at the Office of the Federal Register, 800 North Capitol Street, NW., Suite 700, Washington, DC.
Jim Grigg, Aviation Safety Engineer, FAA, Rotorcraft Directorate, Rotorcraft Standards Staff, Fort Worth, Texas 76193-0110, telephone (817) 222-5490, fax (817) 222-5961.
A proposal to amend 14 CFR part 39 to include an AD for ECF Model SA-365N, SA-365N1, AS-365N2, and AS 365 N3 helicopters was published in the
The Direction Generale De L'Aviation Civile (DGAC), the airworthiness authority for France, notified the FAA that an unsafe condition may exist on ECF Model SA-365N, SA-365N1, AS-365N2, and AS 365 N3 helicopters incorporating MOD 0753B31. The DGAC advises of the discovery of a crack on the left-hand side of the frame.
ECF has issued AS 365 Alert Service Bulletin No. 53.00.42, dated January 31, 2001 (ASB). The ASB specifies measuring the edge distance of the attachment holes for the reinforced latch support of the frame, inspecting for a crack, installing a repair on the frame or stop-drilling the crack, and monitoring the crack for continued growth. The DGAC classified this ASB as mandatory and issued AD No. 2001-060-052(A), dated February 21, 2001, to ensure the continued airworthiness of these helicopters in France.
Interested persons have been afforded an opportunity to participate in the making of this amendment. No comments were received on the proposal or the FAA's determination of the cost to the public. The FAA has determined that air safety and the public interest require the adoption of the rule as proposed except for minor editorial changes. These changes will neither increase the economic burden on operators nor increase the scope of the AD.
The FAA estimates that this AD will:
• Affect 45 helicopters of U.S. registry,
• Require 3 work hours per helicopter to visually inspect all helicopters,
• Require 8 work hours to repair an estimated 10 helicopters to correct edge distance only, and
• Require 12 work hours to repair edge distance and cracks for approximately five helicopters.
The regulations adopted herein will not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, it is determined that this final rule does not have federalism implications under Executive Order 13132.
For the reasons discussed above, I certify that this action (1) is not a “significant regulatory action” under Executive Order 12866; (2) is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and (3) will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. A final evaluation has been prepared for this action and it is contained in the Rules Docket. A copy of it may be obtained from the Rules Docket at the location provided under the caption
Air transportation, Aircraft, Aviation safety, Incorporation by Reference, Safety.
49 U.S.C. 106(g), 40113, 44701.
This AD applies to each helicopter identified in the preceding applicability provision, regardless of whether it has been otherwise modified, altered, or repaired in the area subject to the requirements of this AD. For helicopters that have been modified, altered, or repaired so that the performance of the requirements of this AD is affected, the owner/operator must request approval for an alternative method of compliance in accordance with paragraph (b) of this AD. The request should include an assessment of the effect of the modification, alteration, or repair on the unsafe condition addressed by this AD; and if the unsafe condition has not been eliminated, the request should include specific proposed actions to address it.
To prevent failure of the 9-degree frame (frame) due to a crack at the latch support, loss of a passenger door, damage to the rotor system, and subsequent loss of control of the helicopter, accomplish the following:
(a) Within 50 hours time-in-service, inspect each frame by measuring the edge distance at the two 5.2 mm (0.205 inch) diameter attachment holes for the latch support for the passenger door in accordance with the Accomplishment Instructions, paragraph 2.B.1., of Eurocopter France AS 365 Alert Service Bulletin 53.00.42, dated January 31, 2001 (ASB). Inspect the area around the attachment holes for a crack.
(1) If the edge distance of both attachment holes is equal to or more than 8 mm (0.315 inch) and no crack is present, no action is required by this AD.
(2) If the edge distance is less than 8 mm and no crack is present, before further flight, install a reinforcing plate in accordance with the Accomplishment Instructions paragraph 2.B.2. of the ASB. Accomplishing the requirements of paragraph 2.B.2. of the ASB constitutes terminating action for the requirements of this AD.
(3) If there is a crack, before further flight, stop-drill the crack with a 3-millimeter diameter hole and repair the frame in accordance with the Accomplishment Instructions, paragraph 2.B.3., of the ASB. Accomplishing the requirements of paragraph 2.B.3. of the ASB constitutes terminating action for the requirements of this AD.
(b) An alternative method of compliance or adjustment of the compliance time that provides an acceptable level of safety may be used if approved by the Manager, Regulations Group, Rotorcraft Directorate, FAA. Operators shall submit their requests through an FAA Principal Maintenance Inspector, who may concur or comment and then send it to the Manager, Regulations Group.
Information concerning the existence of approved alternative methods of compliance with this AD, if any, may be obtained from the Regulations Group.
(c) Special flight permits may be issued in accordance with 14 CFR 21.197 and 21.199 to operate the helicopter to a location where the requirements of this AD can be accomplished.
(d) The inspection and repair shall be done in accordance with the Accomplishment Instructions of Eurocopter France AS 365 Alert Service Bulletin 53.00.42, dated January 31, 2001. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from American Eurocopter Corporation, 2701 Forum Drive, Grand Prairie, Texas 75053-4005, telephone (972) 641-3460, fax (972) 641-3527. Copies may be inspected at the FAA, Office of the Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas; or at the Office of the Federal Register, 800 North Capitol Street, NW., Suite 700, Washington, DC.
(e) This amendment becomes effective on January 3, 2003.
The subject of this AD is addressed in Direction Generale De L'Aviation Civile (France) AD No. 2001-060-052(A), dated February 21, 2001.
Federal Aviation Administration, DOT.
Final rule.
This amendment adopts a new airworthiness directive (AD), applicable to certain Dassault Model Falcon 900EX and Mystere Falcon 900 series airplanes, that requires repetitive operational tests of the flap asymmetry detection system to verify proper functioning, and repair, if necessary; repetitive replacement of the inboard flap jackscrews with new or reconditioned jackscrews; and repetitive measurement of the screw/nut play of the jackscrews on the inboard and outboard flaps to detect discrepancies, and corrective action, if necessary. This amendment also requires revision of the Airplane Flight Manual. This amendment is prompted by issuance of mandatory continuing airworthiness information by a foreign civil airworthiness authority. The actions specified by this AD are intended to prevent jamming of the flap jackscrews during the approach to landing, which could result in inability to move the flaps or an asymmetric flap condition, and consequent reduced controllability of the airplane.
Effective January 3, 2003.
The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of January 3, 2003.
The service information referenced in this AD may be obtained from Dassault Falcon Jet, P.O. Box 2000, South Hackensack, New Jersey 07606. This information may be examined at the Federal Aviation Administration (FAA), Transport Airplane Directorate, Rules Docket, 1601 Lind Avenue, SW.,
Tom Rodriguez, Aerospace Engineer, International Branch, ANM-116, FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington, 98055-4056; telephone (425) 227-1137; fax (425) 227-1149.
A proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to include an airworthiness directive (AD) that is applicable to certain Dassault Model Falcon 900EX and Mystere Falcon 900 series airplanes was published in the
• Repetitive operational tests of the flap asymmetry detection system to verify proper functioning, and repair, if necessary;
• Repetitive replacement of the inboard flap jackscrews with new or reconditioned jackscrews; and
• Repetitive measurement of the screw/nut play of the jackscrews on the inboard and outboard flaps to detect discrepancies, and corrective action, if necessary.
The action also proposed to require revision of the Airplane Flight Manual (AFM).
Interested persons have been afforded an opportunity to participate in the making of this amendment. Due consideration has been given to the comments received.
One commenter requests adding “Amdt A” to the jackscrew part numbers (P/Ns) that are already specified by the proposed AD (
The same commenter requests that the final rule reference only Chapter 5-40 of the Airplane Maintenance Manual (AMM) for the operational testing, inspections, and replacement action. The commenter adds that operators are managing the jackscrew life limits and inspections, and have planned the spares and maintenance inspections based on the actions required by AD 99-14-07. The commenter considers that the corrective action can be accomplished only per Chapter 5-40 of the AMM.
We do not concur with the commenter's request that only Chapter 5-40 of the AMM should be cited in the final rule as the appropriate source of service information for the actions required by the proposed AD. In order to accomplish the requirements of the proposed AD, it is necessary to cite all of the service information references included in the proposed AD, which include various AMMs and Temporary Revisions. No change to the final rule is necessary in this regard.
We have made the following changes to the final rule:
• In the Summary section of the final rule, we have clarified the requirements for the repetitive replacement action. Although the Summary section of the proposed AD specifies repetitive replacement of the inboard flap jackscrews “on the inboard,” we have deleted the term “on the inboard” in that section of the final rule because the replacement action is also required for the inboard flap jackscrews located in the outboard position. The exact location of the affected jackscrews is specified in paragraphs (b) through (h) of the final rule.
• Although paragraphs (c) and (e) of the proposed AD specify a reconditioned jackscrew having P/N 5318-1, we have revised those paragraphs in the final rule to clarify that the correct P/N of a reconditioned jackscrew is P/N 5318-1 Amdt A.
• Although paragraphs (c)(1), (e)(1), and NOTE 2 of the proposed AD did not include the date of the referenced service bulletin, we have added the date (September 16, 1999) in those paragraphs in the final rule.
• In the proposed AD, paragraph (c)(2) specifies that the jackscrew is located on the inboard flap in the “inboard” position, and paragraph (e)(2) specifies the location of the jackscrew in the “outboard” position. However, because the jackscrew could be located in either the inboard or outboard position, we have determined that the requirements in those paragraphs are unnecessary and should be deleted. In light of this, we have revised the final rule and renumbered the subparagraphs accordingly.
• In paragraph (d) of the final rule, we have clarified the location of the middle jackscrew by specifying that the jackscrew is located on the inboard flap and in the outboard position. We have also clarified the location of the jackscrew in paragraph (e) of the final rule.
• Paragraph (i) of the proposed AD incorrectly specifies revising the “Limitations” Section of the FAA-approved AFM. However, we have revised the final rule to specify revising the “Abnormal Procedures” Section of the AFM, as cited in French airworthiness directive 1999-082-024(B) R2, dated September 20, 2000.
• We have determined that NOTE 3 in the proposed AD, which specifies a change to the general revisions of the AFM, is no longer necessary. We have revised the final rule and renumbered the notes accordingly.
After careful review of the available data, including the comments noted above, the FAA has determined that air safety and the public interest require the adoption of the rule with the changes described previously. The FAA has determined that these changes will neither increase the economic burden on any operator nor increase the scope of the AD.
There are approximately 28 airplanes of U.S. registry that will be affected by this AD.
The costs of performing actions required by AD 99-14-07 and retained in this AD for Model Falcon 900EX and Mystere Falcon 900 series airplanes are described below.
The repetitive operational test of the flap asymmetry detection system takes approximately 1 work hour per airplane to accomplish, at an average labor rate of $60 per work hour. Based on these figures, the cost impact of the repetitive operational test on U.S. operators is estimated to be $1,680, or $60 per airplane, per test cycle.
The measurement of the screw/nut play in the flap jackscrews takes approximately 8 work hours per airplane to accomplish, at an average labor rate of $60 per work hour. Based on these figures, the cost impact of the measurement on U.S. operators is
The repetitive replacement of jackscrews takes approximately 8 work hours per airplane to accomplish, at an average labor rate of $60 per work hour. New jackscrews cost approximately $21,200 per airplane. However, the AD permits a one-time reconditioning and re-use of jackscrews, which could reduce the cost of parts by 50%. Based on these figures, the cost impact of replacement of jackscrews on U.S. operators is estimated to be between $310,240 and $607,040, or between $11,080 and $21,680 per airplane, per replacement cycle.
The revision of the AFM takes approximately 1 work hour per airplane to accomplish, at an average labor rate of $60 per work hour. Based on these figures, the cost impact of the AFM revision on U.S. operators is $1,680, or $60 per airplane.
The cost impact figures discussed above are based on assumptions that no operator has yet accomplished any of the requirements of this AD action, and that no operator would accomplish those actions in the future if this AD were not adopted. The cost impact figures discussed in AD rulemaking actions represent only the time necessary to perform the specific actions actually required by the AD. These figures typically do not include incidental costs, such as the time required to gain access and close up, planning time, or time necessitated by other administrative actions.
The regulations adopted herein will not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, it is determined that this final rule does not have federalism implications under Executive Order 13132.
For the reasons discussed above, I certify that this action (1) is not a “significant regulatory action” under Executive Order 12866; (2) is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and (3) will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. A final evaluation has been prepared for this action and it is contained in the Rules Docket. A copy of it may be obtained from the Rules Docket at the location provided under the caption
Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.
49 U.S.C. 106(g), 40113, 44701.
This AD applies to each airplane identified in the preceding applicability provision, regardless of whether it has been modified, altered, or repaired in the area subject to the requirements of this AD. For airplanes that have been modified, altered, or repaired so that the performance of the requirements of this AD is affected, the owner/operator must request approval for an alternative method of compliance in accordance with paragraph (j)(1) of this AD. The request should include an assessment of the effect of the modification, alteration, or repair on the unsafe condition addressed by this AD; and, if the unsafe condition has not been eliminated, the request should include specific proposed actions to address it.
To prevent jamming of the flap jackscrews during the approach to landing, which could result in the inability to move the flaps or an asymmetric flap condition, and consequent reduced controllability of the airplane, accomplish the following:
(a) Within 5 flight cycles after August 11, 1999 (the effective date of AD 99-14-07, amendment 39-11218): Perform an operational test of the flap asymmetry detection system to ensure that the system is functioning correctly, in accordance with the procedures specified in Dassault Falcon 900 Airplane Maintenance Manual (AMM) 27-502, dated January 1995; or Dassault Falcon 900EX AMM 27-502, dated September 1996; as applicable. Prior to further flight, repair any discrepancy detected, in accordance with a method approved by the Manager, International Branch, ANM-116, FAA, Transport Airplane Directorate; or the Direction Generale de l'Aviation Civile (or its delegated agent). Repeat the operational test thereafter at intervals not to exceed 330 flight hours or 7 months, whichever occurs first.
(b) Replace each jackscrew having part number (P/N) 5318-1 or 5318-1 Amdt A, which is located on the inboard flap in the inboard position, in accordance with the procedures specified in Dassault Falcon 900 AMM 27-521, dated December 1998; or Dassault Falcon 900EX AMM 27-510, dated September 1996; as applicable. The replacement jackscrew may be new or may have been reconditioned in accordance with paragraph (c) of this AD. Do the initial replacement at the earlier of the times specified in paragraphs (b)(1) and (b)(2) of this AD. Repeat the replacement of a jackscrew having P/N 5318-1 or 5318-1 Amdt A thereafter at intervals not to exceed 750 flight cycles on the jackscrew located on the inboard flap in the inboard position.
(1) Prior to the accumulation of 1,000 total flight cycles on the inboard jackscrew located on the inboard flap in the inboard position, or within 25 flight cycles after August 11, 1999, whichever occurs later.
(2) Prior to the accumulation of 750 total flight cycles on the inboard jackscrew located on the inboard flap in the inboard position, or within 25 flight cycles after the effective date of this AD, whichever occurs later.
(c) A jackscrew having P/N 5318-1 and located on the inboard flap in the inboard position may be replaced by a reconditioned jackscrew having P/N 5318-1 Amdt A, provided that all of the conditions specified in paragraphs (c)(1) and (c)(2) of this AD are met.
(1) The jackscrew has been reconditioned and reidentified as P/N 5318-1 Amdt A, in accordance with Dassault Service Bulletin AVIAC 5318-27-01, dated September 16, 1999.
(2) The jackscrew has been reconditioned only one time.
(d) Prior to the accumulation of 2,200 total flight cycles on the middle jackscrew located on the inboard flap and in the outboard position, or within 25 flight cycles after August 11, 1999, whichever occurs later: Replace each jackscrew having P/N 5318-1 or 5318-1 Amdt A on the inboard flap and in the outboard position, in accordance with the procedures specified in Dassault Falcon 900 AMM 27-521, dated December 1998; or Dassault Falcon 900EX AMM 27-510, dated September 1996; as applicable. The replacement jackscrew may be new or may have been reconditioned in accordance with paragraph (e) of this AD. Repeat the replacement of a jackscrew having P/N 5318-1 or 5318-1 Amdt A thereafter at intervals not to exceed 2,200 flight cycles on the jackscrew located on the inboard flap and in the outboard position.
(e) A jackscrew having P/N 5318-1 and located on the inboard flap and in the outboard position may be replaced by a reconditioned jackscrew having P/N 5318-1 Amdt A, provided that all of the conditions specified in paragraphs (e)(1) and (e)(2) of this AD are met.
(1) The jackscrew has been reconditioned and reidentified as P/N 5818-1 Amdt A, in accordance with Dassault Service Bulletin AVIAC 5318-27-01, dated September 16, 1999.
(2) The jackscrew has been reconditioned only one time.
(f) Prior to the accumulation of 1,000 total flight cycles on the outboard jackscrews located on the outboard flaps, or within 25 flight cycles after August 11, 1999, whichever occurs later: Measure the screw/nut play of the jackscrews having P/N 1-5319-1 or 1-5319-1 Amdt A (on the left wing) and P/N 2-5319-1 or 2-5319-1 Amdt A (on the right wing) on the outboard flaps, in accordance with the procedures specified in Dassault Falcon 900 AMM Temporary Revision (TR) 27-514, dated February 1999; or Dassault Falcon 900EX AMM TR 27-514, dated February 1999; as applicable.
Jackscrews having P/N 1-5319-1 or 2-5319-1 may be reconditioned in accordance with Dassault Service Bulletin AVIAC 5319-27-01, dated September 16, 1999. These jackscrews may be reconditioned and reused more than one time.
(1) If the initial measurement is equal to or less than 0.014 inch: Repeat the measurement thereafter at intervals not to exceed 330 flight hours or 7 months, whichever occurs first. If any repetitive measurement detects a nut/screw play greater than 0.014 inch, perform the actions required by paragraph (f)(2) of this AD.
(2) If the initial measurement is greater than 0.014 inch: Perform the actions required by paragraphs (f)(2)(i) and (f)(2)(ii) of this AD.
(i) Prior to further flight, replace the jackscrew with a new or reconditioned jackscrew, in accordance with Dassault Falcon 900 AMM 27-521, dated December 1998; or Dassault Falcon 900EX AMM 27-510, dated September 1996; as applicable.
(ii) Prior to the accumulation of 1,000 total flight cycles on the new or reconditioned jackscrew, perform a follow-on measurement of the screw/nut play, in accordance with the procedures specified in Dassault Falcon 900 AMM TR 27-514, dated February 1999; or Dassault Falcon 900EX AMM TR 27-514, dated February 1999; as applicable.
(iii) If any follow-on measurement required by paragraph (f)(2)(ii) of this AD detects a nut/screw play equal to or less than 0.014 inch, perform the actions required by paragraph (f)(1) of this AD. If any follow-on measurement required by (f)(2)(ii) of this AD detects a nut/screw play greater than 0.014 inch, perform the actions required by paragraphs (f)(2)(i) and (f)(2)(ii) of this AD.
(g) Prior to the accumulation of 600 total flight cycles on the jackscrew located on the inboard flap in the inboard position, or within 25 flight cycles after the effective date of this AD, whichever occurs later: Measure the screw/nut play of the jackscrew having P/N 5318-1 or 5318-1 Amdt A, which is located on the inboard flap in the inboard position to detect discrepancies, in accordance with the procedures specified in Dassault Falcon 900 AMM TR 27-514, dated February 1999; or Dassault Falcon 900EX AMM TR 27-514, dated February 1999; as applicable. If the measurement is greater than 0.014 inch, prior to further flight, replace the discrepant jackscrew with a new or reconditioned jackscrew, in accordance with the applicable maintenance manual.
(h) Prior to the accumulation of 1,000 total flight cycles on the jackscrew located on the inboard flap in the outboard position, or within 25 flight cycles after the effective date of this AD, whichever occurs later: Measure the screw/nut play of the jackscrew having P/N 5318-1 or 5318-1 Amdt A, which is located on the inboard flap in the outboard position, in accordance with the procedures specified in Dassault Falcon 900 AMM TR 27-514, dated February 1999; or Dassault Falcon 900EX AMM TR 27-514, dated February 1999; as applicable.
(1) If the initial measurement is equal to or less than 0.014 inch: Repeat the measurements thereafter at intervals not to exceed 330 flight hours or 7 months, whichever occurs first. If any repetitive measurement detects a nut/screw play greater than 0.014 inch, perform the actions required by paragraph (h)(2) of this AD.
(2) If the initial measurement is greater than 0.014 inch: Perform the actions required by paragraphs (h)(2)(i) and (h)(2)(ii) of this AD.
(i) Prior to further flight, replace the discrepant jackscrew with a new or reconditioned jackscrew, in accordance with Dassault Falcon 900 AMM 27-521, dated December 1998; or Dassault Falcon 900EX AMM 27-510, dated September 1996; as applicable.
(ii) Prior to the accumulation of 1,000 total flight cycles on the new or reconditioned jackscrew perform a follow-on measurement of the screw/nut play, in accordance with the procedures specified in Dassault Falcon 900 AMM TR 27-514, dated February 1999; or Dassault Falcon 900EX AMM TR 27-514, dated February 1999; as applicable.
(iii) If any follow-on measurement required by paragraph (h)(2)(ii) of this AD detects a nut/screw play equal to or less than 0.014 inch, perform the actions required by paragraph (h)(1) of this AD. If any follow-on measurement required by paragraph (h)(2)(ii) of this AD detects a nut/screw play greater than 0.014 inch, perform the actions required by paragraphs (h)(2)(i) and (h)(2)(ii) of this AD.
(i) Within 7 days after the effective date of this AD: Revise the Abnormal Procedures Section of the FAA-approved Airplane Flight Manual (AFM) to include the following statement (this may be accomplished by inserting a copy of this AD in the AFM):
“In case of discrepancy between the control position and flap position indicator, do not change flap position control handle. Apply flight manual abnormal procedure ‘Flight controls—system jamming or asymmetry' for approach speed and landing distance.”
(j)(1) An alternative method of compliance or adjustment of the compliance time that provides an acceptable level of safety may be used if approved by the Manager, International Branch, ANM-116. Operators shall submit their requests through an appropriate FAA Principal Maintenance Inspector, who may add comments and then send it to the Manager, International Branch, ANM-116.
(2) Alternative methods of compliance, approved previously in accordance with AD 99-14-07, amendment 39-11218, are not considered to be approved as alternative methods of compliance with this AD.
(k) Special flight permits may be issued in accordance with sections 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 21.197 and 21.199) to operate the airplane to a location where the requirements of this AD can be accomplished.
(l) Unless otherwise specified in this AD, the actions shall be done in accordance with Dassault Falcon 900 Airplane Maintenance Manual Temporary Revision 27-514, dated February 1999; or Dassault Falcon 900EX Airplane Maintenance Manual Temporary Revision 27-514, dated February 1999; as applicable. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from Dassault Falcon Jet, P.O. Box 2000, South Hackensack, New Jersey 07606. Copies may be inspected at the FAA, Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC.
The subject of this AD is addressed in French airworthiness directive 1999-082-024(B) R2, dated September 20, 2000.
(m) This amendment becomes effective on January 3, 2003.
Federal Aviation Administration, DOT.
Final rule.
This amendment adopts a new airworthiness directive (AD) that applies to all Britten Norman (Bembridge) Limited (Britten Norman) BN2A Mk. III series airplanes. This AD requires you to repetitively inspect the rear engine-mounting frame for cracks and replace the frame if cracks are found. This AD is the result of mandatory continuing airworthiness information (MCAI) issued by the airworthiness authority for the United Kingdom. The actions specified by this AD are intended to detect and correct cracks in the rear engine-mounting frame, which could lead to engine mount failure. Such failure could result in separation of the engine from the airplane.
This AD becomes effective on January 21, 2003.
The Director of the Federal Register approved the incorporation by reference of certain publications listed in the regulations as of January 21, 2003.
You may get the service information referenced in this AD from Britten Norman (Bembridge) Limited Bembridge, Isle of Wight, United Kingdom PO35 5PR; telephone: +44 (0) 1983 872511; facsimile: +44 (0) 1983 873246. You may view this information at the Federal Aviation Administration (FAA), Central Region, Office of the Regional Counsel, Attention: Rules Docket No. 2002-CE-36-AD, 901 Locust, Room 506, Kansas City, Missouri 64106; or at the Office of the Federal Register, 800 North Capitol Street, NW., suite 700, Washington, DC.
Doug Rudolph, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4059; facsimile: (816) 329-4090.
The Civil Aviation Authority (CAA), which is the airworthiness authority for the United Kingdom, recently notified FAA that an unsafe condition may exist on all Britten Norman BN2A Mk. III series airplanes. The CAA reports that the manufacturer has reported three occurrences of cracks in the rear engine-mounting frame detected by operators during routine inspections.
These cracks could lead to engine mount failure with consequent separation of the engine from the airplane.
We issued a proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to include an AD that would apply to all Britten Norman BN2A Mk. III series airplanes. This proposal was published in the
The FAA encouraged interested persons to participate in the making of this amendment. We did not receive any comments on the proposed rule or on our determination of the cost to the public.
After careful review of all available information related to the subject presented above, we have determined that air safety and the public interest require the adoption of the rule as proposed except for minor editorial corrections. We have determined that these minor corrections:
We estimate that this AD affects 7 airplanes in the U.S. registry.
We estimate the following costs to accomplish the inspection:
We estimate the following costs to accomplish any necessary replacements that will be required based on the results of the inspection. We have no way of determining the number of airplanes that may need such replacement:
The regulations adopted herein will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, it is determined that this final rule does not have federalism implications under Executive Order 13132.
For the reasons discussed above, I certify that this action (1) is not a “significant regulatory action” under Executive Order 12866; (2) is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); and (3) will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. A copy of the final evaluation prepared for this action is contained in the Rules Docket. A copy of it may be obtained by contacting the Rules Docket at the location provided under the caption
Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.
Accordingly, under the authority delegated to me by the Administrator, the Federal Aviation Administration amends part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows:
49 U.S.C. 106(g), 40113, 44701.
(a)
(b)
(c)
(d)
When you replace the engine-mounting frame, this AD requires you to inspect per paragraph (d)(1) of this AD upon accumulating 1,000 hours TIS.
(e)
(1) Your alternative method of compliance provides an equivalent level of safety; and
(2) The Standards Office Manager, Small Airplane Directorate, approves your alternative. Submit your request through an FAA Principal Maintenance Inspector, who may add comments and then send it to the Standards Office Manager.
This AD applies to each airplane identified in paragraph (a) of this AD, regardless of whether it has been modified, altered, or repaired in the area subject to the requirements of this AD. For airplanes that have been modified, altered, or repaired so that the performance of the requirements of this AD is affected, the owner/operator must request approval for an alternative method of compliance in accordance with paragraph (e) of this AD. The request should include an assessment of the effect of the modification, alteration, or repair on the unsafe condition addressed by this AD; and, if you have not eliminated the unsafe condition, specific actions you propose to address it.
(f)
(g)
(h)
The subject of this AD is addressed in British AD 001-05-2002, not dated.
(i)
Bureau of Economic Analysis, Commerce.
Final rule.
This final rule revises regulations for the BE-22, Annual Survey of Selected Services Transactions with Unaffiliated Foreign Persons. The BE-22 survey is conducted by the Bureau of Economic Analysis (BEA), U.S. Department of Commerce, under the International Investment and Trade in Services Survey Act, in years the BE-20, Benchmark Survey of Selected Services Transactions with Unaffiliated Foreign Persons is not conducted.
This rule revises the regulations to create a new reporting requirement for medical services, receipts only. Additionally, BEA announces that it is revising the BE-22 to create new reporting categories for trade-related services, auxiliary insurance services, and waste treatment and depollution
This final rule will be effective December 30, 2002.
R. David Belli, Chief, International Investment Division (BE-50), Bureau of Economic Analysis, U.S. Department of Commerce, Washington, DC 20230; phone (202) 606-9800.
In the August 26, 2002,
This final rule amends 15 CFR part 801 by revising § 801.9(b)(6)(ii) to set forth revised reporting requirements for the BE-22, Annual Survey of Selected Services Transactions with Unaffiliated Foreign Persons. The survey is conducted by the Bureau of Economic Analysis (BEA), U.S. Department of Commerce, under the International Investment and Trade in Services Survey Act (Pub. L. 94-472, 90 Stat. 2059, 22 U.S.C. 3101-3108, as amended). Section 3103(a) of the Act provides that the President shall, to the extent he deems necessary and feasible— * * * (1) conduct a regular data collection program to secure current information * * * related to international investment and trade in services * * *”. In Section 3 of Executive Order 11961, as amended by Executive Order 12518, the President delegated authority granted under the Act as concerns international trade in services to the Secretary of Commerce, who has redelegated it to BEA.
The BE-22 is an annual survey of selected services transactions with unaffiliated foreign persons. The data are needed to compile the U.S. international transactions, national income and product, and input-output accounts; support U.S. trade policy initiatives; assess U.S. competitiveness in international trade in services; and improve the ability of U.S. businesses to identify and evaluate market opportunities.
This document describes changes to the BE-22 survey and sets forth changes to the regulation governing the BE-22. The survey incorporates new reporting categories for trade-related services, auxiliary insurance services, and waste treatment and depollution services; adds coverage of transcription services; and amends several other services categories. These changes mirror changes introduced in the 2001 BE-20 benchmark survey. Additionally, a new reporting requirement for medical services, receipts only, is created. The final rule revises a list of items set forth in the “covered services” section of the existing rule, to reflect this new category in the survey. These changes to the survey and regulations will close statistical gaps in the coverage of cross-border services transactions and bring the survey into better alignment with international standards for compilation of statistics on trade in services.
This final rule is not significant for purposes of E.O. 12866.
This final rule does not contain policies with Federalism implications as that term is defined in E.O. 13132.
The collection of information required in this final rule has been approved by the Office of Management and Budget under the Paperwork Reduction Act. Notwithstanding any other provisions of the law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection displays a currently valid OMB Control Number; such a Control Number (0608-0060) has been displayed.
The survey is expected to result in the filing of reports from approximately 1,600 respondents. The respondent reporting burden for this collection of information is estimated to vary from less than four hours to 500 hours, with an overall average burden of 11.5 hours. This includes time for reviewing the instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Thus, the total respondent burden of the survey is estimated at about 18,400 hours (1,600 times 11.5 hours average burden).
Comments regarding the burden estimate or any other aspect of this collection of information should be addressed to: Director, Bureau of Economic Analysis (BE-1), U.S. Department of Commerce, Washington, DC 20230, and to the Office of Management and Budget, O.I.R.A., Paperwork Reduction Project 0608-0060, Washington, DC 20503 (Attention PRA Desk Officer for BEA).
The Chief Counsel for Regulation, Department of Commerce, has certified to the Chief Counsel for Advocacy, Small Business Administration, under provisions of the Regulatory Flexibility Act (5 U.S.C. 605(b)), that this final rule will not have a significant economic impact on a substantial number of small entities. While the survey does not collect data on total sales or other measures of the overall size of businesses that respond to the survey, historically the respondent universe has been comprised mainly of major U.S. corporations. With the exemption level for the survey being $1 million in covered receipts or payments, few small businesses can be expected to be subject to reporting. Of those smaller businesses that must report, most will tend to have specialized operations and activities, so they will likely report only one type of transaction, often with a single partner country; therefore, the burden on them should be small.
Economic statistics, International transactions, Foreign trade, Penalties, Reporting and recordkeeping requirements.
5 U.S.C. 301, 15 U.S.C. 4908, 22 U.S.C. 3101-3108, and E.O. 11961 (3 CFR, 1977 Comp., p. 860 as amended by E.O. 12013 (3 CFR, 1977 Comp., p. 147), E.O. 12318 (3 CFR, 1981 Comp., p. 173), and E.O. 12518 (3 CFR, 1985 Comp., p. 348).
(b) * * *
(6) * * *
(ii)
Copyright Office, Library of Congress.
Final rule.
The Copyright Office of the Library of Congress announces a cost of living adjustment of 2.0% in the royalty rates paid by colleges, universities, or other nonprofit educational institutions that are not affiliated with National Public Radio for the use of copyrighted published nondramatic musical compositions in the BMI and ASCAP repertories. The cost of living adjustment is based on the change in the Consumer Price Index from October, 2001, to October, 2002.
January 1, 2003.
Tanya M. Sandros, Senior Attorney, Copyright Arbitration Royalty Panel, P.O. Box 70977, Southwest Station, Washington, D.C. 20024. Telephone: (202) 707-8380. Telefax: (202) 252-3423.
Section 118 of the Copyright Act, 17 U.S.C., creates a compulsory license for the use of published nondramatic musical works and published pictorial, graphic, and sculptural works in connection with noncommercial broadcasting. Terms and rates for this compulsory license, applicable to parties who are not subject to privately negotiated licenses, are published in 37 CFR part 253 and are subject to adjustment at five-year intervals. 17 U.S.C. 118(c). The most recent proceeding to adjust the terms and rates for the section 118 license began in April of this year. 67 FR 15414 (April 1, 2002).
On October 30, 2002, the Copyright Office announced proposed regulations governing the terms and rates of copyright royalty payments with respect to certain uses by public broadcasting entities of published nondramatic musical works, and published pictorial, graphic, and sculptural works, including a provision to adjust § 253.10 which provides for an annual cost of living adjustment of the rates for the public performance of musical compositions in the ASCAP and BMI repertories by public broadcasting entities licensed to colleges and universities set forth in § 253.5 for the new license period, 2003-2007. 67 FR 66090 (October 30, 2002). Under the proposed rules, the § 253.5 rate for the public performance of musical compositions in the SESAC repertory will be $80 for 2003, subject to an annual cost of living adjustment in each subsequent year thereafter during the licensing period.
Section 253.10(b) requires that the Librarian publish a revised schedule of rates for the public performance of musical compositions in the ASCAP, BMI, and SESAC repertories by public broadcasting entities licensed to colleges and universities, reflecting the change in the Consumer Price Index. Accordingly, the Copyright Office of the Library of Congress is hereby announcing the change in the Consumer Price Index and performing the proposed annual cost of living adjustment to the rates set out in § 253.5(c) for the public performance of musical compositions in the BMI and ASCAP repertories in accordance with the October 30 proposed regulations.
The change in the cost of living as determined by the Consumer Price Index (all consumers, all items) during the period from the most recent Index published before December 1, 2001, to the most recent Index published before December 1, 2002, is 2% (2001's figure was 177.7; the figure for 2001 is 181.3, based on 1982-1984=100 as a reference base). Rounding off to the nearest dollar, the royalty rate for the use of musical compositions in the repertory of ASCAP is $249 and the use of the musical compositions in the repertory of BMI is the same, $249.
If no comments are received regarding the proposed amendments to §§ 253.5 and 253.10 announced in the October 30
Copyright, Radio, Television.
17 U.S.C. 118, 801(b)(1) and 803.
(c) * *
(1) For all such compositions in the repertory of ASCAP, $249 annually.
(2) For all such compositions in the repertory of BMI, $249 annually.
Environmental Protection Agency (EPA).
Final rule.
This regulation establishes a time-limited tolerance for residues of pyriproxyfen in or on strawberry. This action is in response to EPA's granting of an emergency exemption under section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) authorizing use of the pesticide on strawberry. This regulation establishes a maximum permissible level for residues of pyriproxyfen in or on this food commodity. The tolerance will expire and is revoked on December 31, 2004.
This regulation is effective November 29, 2002. Objections and requests for hearings, identified by docket ID number OPP-2002-0314, must be received on or before January 28, 2003.
Written objections and hearing requests may be submitted
Andrea Conrath, Registration Division (7505C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number: (703) 308-9356; e-mail address:
You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. Potentially affected entities may include, but are not limited to:
• Crop producers (NAICS 111)
• Animal producers (NAICS 112)
• Food manufacturing (NAICS 311)
• Pesticide manufacturing (NAICS 32532)
This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. The North American Industrial Classification System (NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under
1.
2.
An electronic version of the public docket is available through EPA's electronic public docket and comment system, EPA Dockets. You may use EPA Dockets at
EPA, on its own initiative, in accordance with sections 408(e) and 408 (l)(6) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a, is establishing a tolerance for residues of the insecticide pyriproxyfen, 2-[1-methyl-2-(4-phenoxyphenoxy) ethoxypyridine], in or on strawberry at 0.30 part per million (ppm). This tolerance will expire and is revoked on December 31, 2004. EPA will publish a document in the
Section 408(l)(6) of FFDCA requires EPA to establish a time-limited tolerance or exemption from the requirement for a tolerance for pesticide chemical residues in food that will result from the use of a pesticide under an emergency exemption granted by EPA under section 18 of FIFRA. Such tolerances can be established without providing notice or period for public comment. EPA does not intend for its actions on section 18-related tolerances to set binding precedents for the application of section 408 of FFDCA and the new safety standard to other tolerances and exemptions. Section 408(e) of FFDCA allows EPA to establish a tolerance or an exemption from the requirement of a tolerance on its own initiative, i.e., without having received any petition from an outside party.
Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a tolerance (the legal limit for a pesticide chemical residue in or on a food) only if EPA determines that the tolerance is “safe.” Section 408(b)(2)(A)(ii) of FFDCA defines “safe” to mean that “there is a reasonable certainty that no harm will result from aggregate exposure to the pesticide chemical residue, including all anticipated dietary exposures and all other exposures for which there is reliable information.” This includes exposure through drinking water and in residential settings, but does not include occupational exposure. Section 408(b)(2)(C) of FFDCA requires EPA to give special consideration to exposure of infants and children to the pesticide chemical residue in establishing a tolerance and to “ensure that there is a reasonable certainty that no harm will result to infants and children from aggregate exposure to the pesticide chemical residue. . . .”
Section 18 of FIFRA authorizes EPA to exempt any Federal or State agency from any provision of FIFRA, if EPA determines that “emergency conditions exist which require such exemption.” This provision was not amended by the Food Quality Protection Act (FQPA) of 1996. EPA has established regulations governing such emergency exemptions in 40 CFR part 166.
The California Department of Pesticide Regulation has indicated that populations of the silverleaf whitefly in the State are at levels which could result in significant damage to the State's strawberry crop. This pest is relatively newly-introduced into the U.S., and the registered alternatives have not provided adequate control thus far. Without adequate control, this pest was expected to result in significant crop damage and yield losses for strawberry growers, leading to significant economic losses. EPA has authorized under FIFRA section 18 the use of pyriproxyfen on strawberry for control of the silverleaf whitefly in California. After having reviewed the submission, EPA concurs that emergency conditions exist for this State.
As part of its assessment of this emergency exemption, EPA assessed the potential risks presented by residues of pyriproxyfen in or on strawberry. In doing so, EPA considered the safety standard in section 408(b)(2) of FFDCA, and EPA decided that the necessary tolerance under section 408(l)(6) of FFDCA would be consistent with the safety standard and with FIFRA section 18. Consistent with the need to move quickly on the emergency exemption in
Because this tolerance is being approved under emergency conditions, EPA has not made any decisions about whether pyriproxyfen meets EPA's registration requirements for use on strawberry or whether a permanent tolerance for this use would be appropriate. Under these circumstances, EPA does not believe that this tolerance serves as a basis for registration of pyriproxyfen by a State for special local needs under FIFRA section 24(c). Nor does this tolerance serve as the basis for any State other than California to use this pesticide on this crop under section 18 of FIFRA without following all provisions of EPA's regulations implementing FIFRA section 18 as identified in 40 CFR part 166. For additional information regarding the emergency exemption for pyriproxyfen, contact the Agency's Registration Division at the address provided under
EPA performs a number of analyses to determine the risks from aggregate exposure to pesticide residues. For further discussion of the regulatory requirements of section 408 of the FFDCA and a complete description of the risk assessment process, see the final rule on Bifenthrin Pesticide Tolerances November 26, 1997 (62 FR 62961) (FRL-5754-7).
Consistent with section 408(b)(2)(D) of FFDCA, EPA has reviewed the available scientific data and other relevant information in support of this action. EPA has sufficient data to assess the hazards of pyriproxyfen and to make a determination on aggregate exposure, consistent with section 408(b)(2) of FFDCA, for a time-limited tolerance for residues of pyriproxyfen in or on strawberry at 0.30 ppm. EPA's assessment of the dietary exposures and risks associated with establishing the tolerance follows.
EPA has evaluated the available toxicity data and considered its validity, completeness, and reliability as well as the relationship of the results of the studies to human risk. EPA has also considered available information concerning the variability of the sensitivities of major identifiable subgroups of consumers, including infants and children. The nature of the toxic effects caused by pyriproxyfen, a summary of the toxicological dose and endpoints for pyriproxyfen for use in this human risk assessment, and the most recent estimated aggregate risks resulting from registered uses are discussed in the
Refer to the August 28, 2002
EPA assessed risk scenarios for pyriproxyfen under chronic and intermediate and short-term (residential) scenarios. Because there were no acute endpoints identified, an acute risk assessment was not conducted. Nor was a cancer aggregate risk assessment conducted, because pyriproxyfen is classified as “not likely” to be a human carcinogen.
The Dietary Exposure Evaluation Model (DEEM
The following assumptions were made for the chronic exposure assessments: Published and proposed tolerance level residues and 100% crop treated were assumed for all commodities, and the default processing factors were applied.
Using these exposure assumptions, EPA concluded that pyriproxyfen chronic exposures from food consumption are below levels of concern (
Short-term and intermediate-term aggregate exposure takes into account residential exposure plus chronic exposure to food and water (considered to be a background exposure level). The term “residential exposure” is used in this document to refer to non-occupational, non-dietary exposure (e.g., for lawn and garden pest control, indoor pest control, termiticides, flea and tick control on pets).
Pyriproxyfen is currently registered for various residential non-dietary sites, and is used for flea and tick control (home environment and pet treatments) as well as products for ant and roach control. Pet owners could potentially be exposed to pyriproxyfen during applications to pets; however, since no short-term dermal or inhalation endpoints were identified, only a post-application residential assessment was conducted. Both adults and toddlers could potentially be exposed to pyriproxyfen residues on treated carpets, floors, upholstery, and pets, but it is anticipated that toddlers will have higher exposures than adults due to behavior patterns. Therefore, the residential risk assessment addressed post-application exposures of toddlers, which is considered to be a worst-case scenario. Short-term, intermediate-term, and long-term toddler hand-to-mouth exposures (consisting of petting treated animals and touching treated carpets/flooring) were assessed; long-term dermal exposures were also assessed for products with anticipated efficacy of more than 6 months (carpet powders and pet collars). Toddler exposures to combined treatment scenarios, where a pet owner treats the home environment and the pet in the same period were also assessed.
The Agency has determined that it is appropriate to aggregate chronic food and water and short-term and intermediate-term exposures for pyriproxyfen. Using the exposure assumptions described above for short-term and intermediate-term exposures, EPA has concluded that food and residential exposures aggregated result in aggregate MOEs as shown in the following table:
These aggregate MOEs do not exceed the Agency's level of concern for aggregate exposure to food and residential uses. For surface and ground water, the EECs for pyriproxyfen are significantly less than the DWLOCs as a contribution to intermediate-term and short-term aggregate exposure. Therefore, EPA concludes with reasonable certainty that residues of pyriproxyfen in drinking water do not contribute significantly to the intermediate-term or short-term aggregate human health risk at the present time.
Pyriproxyfen is classified as not likely to be a human carcinogen, so the Agency did not conduct a cancer aggregate risk assessment.
Based upon these risk assessments, EPA concludes that there is a reasonable certainty that no harm will result to the general population, and to infants and children, from aggregate exposure to pyriproxyfen residues.
Adequate enforcement methodology (gas liquid chromatography with nitrogen-phosphorus (GLC/NP) detector) is available to enforce the tolerance expression. The method may be requested from: Chief, Analytical Chemistry Branch, Environmental Science Center, 701 Mapes Rd., Ft. Meade, MD 20755-5350; telephone number: (410) 305-2905; e-mail address:
There are no Codex, Canadian, or Mexican maximum residue limits for residues of pyriproxyfen in/on strawberry, so international harmonization is not an issue.
A maximum of two applications may be made, at a maximum rate of 30 grams active ingredient (a.i.), using ground application equipment only. No more than 60 grams a.i. may be applied per acre per season.
Therefore, the tolerance is established for residues of pyriproxyfen, 2-[1-methyl-2-(4-phenoxyphenoxy) ethoxypyridine], in or on strawberry at 0.30 ppm.
Under section 408(g) of FFDCA, as amended by FQPA, any person may file an objection to any aspect of this regulation and may also request a hearing on those objections. The EPA procedural regulations which govern the submission of objections and requests for hearings appear in 40 CFR part 178.
You must file your objection or request a hearing on this regulation in accordance with the instructions provided in this unit and in 40 CFR part 178. To ensure proper receipt by EPA, you must identify docket ID number OPP-2002-0314 in the subject line on the first page of your submission. All requests must be in writing, and must be mailed or delivered to the Hearing Clerk on or before January 28, 2003.
1.
Mail your written request to: Office of the Hearing Clerk (1900C), Environmental Protection Agency 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001. You may also deliver your request to the Office of the Hearing Clerk in Rm. 104, Crystal Mall #2, 1921 Jefferson Davis Hwy., Arlington, VA. The Office of the Hearing Clerk is open from 8 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Office of the Hearing Clerk is (703) 603-0061.
2.
EPA is authorized to waive any fee requirement “when in the judgement of the Administrator such a waiver or refund is equitable and not contrary to the purpose of this subsection.” For additional information regarding the waiver of these fees, you may contact James Tompkins by phone at (703) 305-5697, by e-mail at
If you would like to request a waiver of the tolerance objection fees, you must mail your request for such a waiver to: James Hollins, Information Resources and Services Division (7502C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001.
3.
A request for a hearing will be granted if the Administrator determines that the material submitted shows the following: There is a genuine and substantial issue of fact; there is a reasonable possibility that available evidence identified by the requestor would, if established resolve one or more of such issues in favor of the requestor, taking into account uncontested claims or facts to the contrary; and resolution of the factual issues(s) in the manner sought by the requestor would be adequate to justify the action requested (40 CFR 178.32).
This final rule establishes a time-limited tolerance under section 408 of the FFDCA. The Office of Management and Budget (OMB) has exempted these types of actions from review under Executive Order 12866, entitled
The Congressional Review Act, 5 U.S.C. 801
Environmental protection, Administrative practice and procedure, Agricultural commodities, Pesticides and pests, Reporting and recordkeeping requirements.
21 U.S.C. 321(q), 346(a) and 371.
(b) * * *
Federal Communications Commission.
Final rule; correction.
The Federal Communications Commission published a document in the Federal Register on June 20, 2002, (67 FR 41847), revising the Quiet Zone procedures for operation near GOES stations. The publication incorrectly indicated that the GOES procedures were contained in § 1.924(f) and, therefore, inadvertently removed the Quiet Zone procedures for operation in the 420-450 MHz band. This document corrects the Quiet Zone procedures by re-inserting the procedures for operation in 420-450 MHz band into § 1.924(f) and lists the updated procedures for operation near GOES stations into § 1.924(g).
Effective November 29, 2002.
Keith Fickner regarding legal matters, and/or Brian Marenco or Tim Maguire regarding engineering matters via phone at (202) 418-0680, via TTY (202) 418-7233, or via e-mail at
In the FR Doc. 02-15373 published in the
Therefore, the Quiet Zone procedures for operation in the 420-450 MHz band should be re-inserted into § 1.924(f) and
47 U.S.C. 151, 154(i), 154(j), 155, 225, 303(r), 309 and 325(e).
(f)
(i) 45°45′00.2″ N., 70°31′58.3″ W.,
(ii) 64°17′00.0″ N., 149°10′00.0″ W.,
Paragraph(f)(ii) is referenced to NAD27.
(iii) 48°43′00.0″ N., 97°54′01.4″ W.;
(2) Within 200 kilometers (124 miles) of the following locations:
(i) 32°38′00.5″ N., 83°34′59.7″ W.,
(ii) 31°25′00.6″ N., 100°24′01.3″ W.;
(3) Within 240 kilometers (150 miles) of the following location:
(i) 39°07′59.6″ N., 121°26′03.9″ W.;
(ii) [Reserved]
(4) Within 320 kilometers (200 miles) of the following locations:
(i) 28°21′01.0″ N., 80°42′59.2″ W.,
(ii) 30°30′00.7″ N., 86°29′59.8″ W.,
(iii) 43°08′59.6″ N., 119°11′03.8″ W.;
(5) Or in the following locations:
(i) The state of Arizona,
(ii) The state of Florida,
(iii) Portions of California and Nevada south of 37°10′ N.,
(iv) And portions of Texas and New Mexico bounded by 31°45′ N., 34°30′ N., 104°00′ W., and 107°30′ W
National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.
Closure of directed fishery for Management Area 1A.
NMFS announces that 95 percent of the Atlantic herring total allowable catch (TAC) allocated to Management Area 1A (Area 1A) for fishing year 2002 has been harvested. Therefore, federally permitted vessels may not fish for, catch, possess, transfer or land more than 2,000 lb (907.2 kg) of Atlantic herring harvested from Area 1A per trip or calendar day until January 1, 2003, when the 2003 TAC becomes available. Regulations governing the Atlantic herring fishery require publication of this notification to advise vessel and dealer permit holders that 95 percent of the Atlantic herring TAC allocated to Area 1A has been harvested, and no TAC is available for the directed fishery for Atlantic herring harvested from Area 1A.
Effective 0001 hrs local time, December 1, 2002, through 2400 hrs local time, December 31, 2002.
Don Frei, Fisheries Management Specialist, at (978) 281-9221.
Regulations governing the Atlantic herring fishery are found at 50 CFR part 648. The regulations require annual specification of optimum yield, domestic and foreign fishing, domestic and joint venture processing, and management area TACs. The 2002 TAC allocated to Area 1A for the fishing year is 60,000 mt (132,277,357 lb). The TAC is further allocated into a period 1 TAC of 6,000 mt (13,227,735 lb), a period 2 TAC of 54,000 mt (119,049,621 lb), with period 1 spanning January 1 - May 31; and period 2, June 1 - December 31. (67 FR 3442, January 24, 2002)
The regulations at 50 CFR 648.202 require the Administrator, Northeast Region, NMFS (Regional Administrator) to monitor the Atlantic herring fishery in each of the four management areas designated in the Fishery Management Plan for the Atlantic Herring Fishery and, based upon dealer reports, state data, and other available information, to determine when the harvest of Atlantic herring is projected to reach 95 percent of the TAC allocated. When such a determination is made, NMFS is required to publish notification in the
The Regional Administrator determined that 95 percent of the Period 1 TAC allocated to Area 1A was harvested on April 26, 2002, and the directed fishery was closed for the remainder of the quota period 1 (67 FR 20056, April 24, 2002).
The Regional Administrator has determined, based upon dealer reports and other available information, that 95 percent of the total Atlantic herring TAC allocated to Area 1A for fishing year 2002 has been harvested. Therefore, effective 0001 hrs local time, December 1, 2002, federally permitted vessels may not fish for, catch, possess, transfer or land more than 2,000 lb (907.2 kg) of Atlantic herring harvested from Area 1A per trip or calendar day until the Period 1 TAC becomes available at 0001 hrs, January 1, 2003. Vessels may transit an area that is limited to the 2,000-lb (907.2-kg) limit with more than 2,000 lb (907.2 kg) of herring on board, provided all fishing gear is stowed and not available for immediate use, as required by § 648.23(b). A vessel may land herring in an area that is limited to the 2,000-lb (907.2-kg) limit specified in § 648.202(a) with more than 2,000 lb (907.2 kg) of herring on board, provided such herring were caught in an area or areas not subject to the 2,000-lb (907.2-kg) limit and provided all fishing gear is stowed and not available for immediate use as required by § 648.23(b). Effective December 1, 2002, federally permitted dealers are also advised that they may not purchase Atlantic herring from federally permitted Atlantic herring vessels that harvest more than 2,000 lb (907.2 kg) of Atlantic herring from Area 1A through January 1, 2003, 0001 hrs local time.
This action is required by 50 CFR part 648 and is exempt from review under E.O. 12866.
16 U.S.C. 1801
National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.
Technical correction.
NMFS is correcting typographic errors in Federal regulations. The intended effect of this action is regulatory accuracy, and it will have no effect on any person fishing in the EEZ for any species.
Effective November 29, 2002.
Patsy A. Bearden, 907-586-7008.
This action corrects typographical errors in regulations codified at 50 CFR part 679. In § 679.2, the definition heading for “KIFQ actual ex-vessel value” is corrected by removing “KIFQ” and adding in its place “IFQ”. Paragraph 679.7(f)(8)(ii)(B)(
This action corrects typographic errors, a non-discretionary technical change with no substantive effects. Therefore, the Assistant Administrator for Fisheries, NOAA, finds good cause to waive the requirement to provide prior notice and opportunity for public comment under 5 U.S.C. 553(b)(B), as such procedure would be unnecessary. Because prior notice and opportunity for comment is not required for this action by 5 U.S.C. 553 or any other law, the analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601
Alaska, Fisheries, Recordkeeping and reporting requirements.
Authority: 16 U.S.C 773
(f) * * *
(8) * * *
(ii)
(B) * * *
National Credit Union Administration (NCUA).
Reopening of comment period.
On September 25, 2002, NCUA published for public comment a proposed rule amending § 701.19. 67 FR 60184 (September 25, 2002). The revisions to §701.19 clarify the scope of the rule and the investments FCUs may use to fund employee benefits. The comment period for this proposed rule was due to have expired on November 25, 2002. Two interested parties have requested an extension of the comment period to respond. In view of this request and NCUA's desire to foster public participation in the rulemaking process, the NCUA Board is reopening the comment period to December 26, 2002.
Comments must be received on or before December 26, 2002.
Direct comments to Becky Baker, Secretary of the Board. Mail or hand-deliver comments to: National Credit Union Administration, 1775 Duke Street, Alexandria, Virginia 22314-3428. You are encouraged to fax comments to (703) 518-6319 or email comments to
Frank Kressman, Staff Attorney, Office of General Counsel, at the above address or telephone: (703) 518-6540.
National Credit Union Administration (NCUA).
Proposed rule.
Pursuant to Congressional mandate, the National Credit Union Administration (NCUA) established a system of prompt corrective action consisting of statutory minimum capital standards for federally-insured credit unions and corresponding remedies to restore net worth. Among the remedies mandated by statute is the requirement to submit a net worth restoration plan for approval by NCUA. NCUA requests public comment on a proposal to allow approval of an abbreviated net worth restoration plan for qualifying credit unions whose net worth ratio has declined marginally below 6 percent because growth in assets outpaces growth in net worth.
Comments must be received on or before January 28, 2003.
Direct comments to Becky Baker, Secretary of the Board. Mail or hand-deliver comments to: National Credit Union Administration, 1775 Duke Street, Alexandria, Virginia 22314-3428.
Except where noted, citations to part 702 in this rule refer to 12 CFR 702
In 1998, the Credit Union Membership Access Act (“CUMAA”), Pub. L. No. 105-219, 112 Stat. 913 (1998), amended the Federal Credit Union Act to require NCUA to adopt by regulation a system of “prompt corrective action” (“PCA”) consisting of minimum capital standards and corresponding remedies to improve the net worth of federally-insured “natural person” credit unions. 12 U.S.C. 1790d
In 2000, the NCUA Board adopted part 702 and subpart L of part 747, establishing a comprehensive system of PCA. 12 CFR 702
Since it was first adopted, part 702 has been amended three times. First, to incorporate limited technical corrections. 65 FR 55439 (Sept. 14, 2000). Second, to delete sections made obsolete by adoption of a uniform quarterly schedule for filing Call Reports. 67 FR 12459 (March 19, 2002). And finally, in a final rule adopted today, to incorporate a series of revisions and adjustments designed to improve and simplify the implementation of PCA. That final rule appears elsewhere in this volume of the
The concept of an abbreviated net worth restoration plan (“NWRP”) was first raised in the proposed rule that preceded the final rule that the NCUA Board has adopted today. 67 FR 38431 (June 4, 2002). While no specific
NCUA received sixteen public comments on the “safe harbor” concept. Fourteen commenters generally supported the concept, suggesting various criteria for eligibility and for plan contents. Regarding eligibility, six commenters suggested a minimum net worth ratio for a “safe harbor” NWRP: one suggested “just under” 6 percent; two suggested 5.5 percent; two suggested 5 percent; one suggested 3 percent. In contrast, one commenter insisted there should be no minimum net worth ratio required for eligibility. Two commenters urged that a credit union should be eligible only if asset growth was not induced by above market rates on shares and deposits, or only in extraordinary circumstances. A banking industry trade association believed the concept was at odds with CUMAA. Finally, two commenters suggested that a “safe harbor” NWRP should not be subject to automatic revocation if its goals are not met.
Regarding the contents of a “safe harbor” NWRP, a commenter suggested requiring net worth to improve within two quarters. Another suggested setting a required return on average assets that would restore net worth within 3 years. One commenter advocated an earnings retention requirement of 80 to 180 basis points per year, depending on how far below six percent the credit union's net worth ratio had fallen.
Another urged that a plan should be accepted if a credit union's earnings are positive, but its net worth ratio remained flat in some quarters due to continued asset growth not induced by above market rates.
Some commenters seemed to equate the concept of “safe harbor” approval with the notion of automatic approval of any form of NWRP that the NCUA Board might adopt as an alternative to the standard NWRP that part 702 now requires. However, as the prior proposed rule confirmed,
To facilitate consideration of the public's views, we ask commenters to address only the proposal for a “1st tier net worth restoration plan.” Also, we urge commenters to recognize that, while given substantial discretion in certain areas of PCA, NCUA lacks the authority to override or expand by regulation the requirements, limitations and definitions that CUMAA expressly prescribed.
The proposed rule permits an “eligible” federally-insured credit union to submit for NCUA approval a “1st tier net worth restoration plan” (“1st tier NWRP”) if the credit union falls marginally below “adequately capitalized” because asset growth, driven primarily by share and deposit growth, outpaces growth in net worth.
To be eligible to file a 1st tier NWRP, the proposed rule establishes historical net worth, performance, and growth criteria. The three eligibility criteria are designed to qualify only those credit unions that historically are profitable and have become marginally “undercapitalized” primarily because of uninduced share growth.
To be eligible, a credit union must meet two net worth criteria. First, a credit union must have a minimum net worth ratio of 5.50% as measured using the quarter-end balance of total assets per § 702.2(k)(1)(iv). New § 702.206(c)(1)(A)(i).
Second, for each of the three prior quarters, a credit union must have achieved a net worth ratio of at least 6 percent. New § 702.206(c)(1)(B)(i). In contrast to measuring current quarter net worth by quarter-end total assets, for each of the three prior quarters a credit union may elect among any of the four methods of calculating the total assets denominator of the net worth ratio. If that credit union is subject to a RBNW requirement, it also must have met that requirement in each of the three prior quarters. New § 702.206(c)(1)(B)(ii).
A credit union also must meet a performance criterion: for the current and each of the three preceding quarters, a credit union must have increased the dollar amount of its net worth by 60 basis points (0.60 percent) annual return on average assets (“ROAA”). New § 702.206(c)(1)(C)(i). The ROAA is derived from a credit union's ROAA “key ratio” in its most recent Financial Performance Report, unless a more recently filed Call Report corrects earlier data.
Finally, a credit union must meet a growth criterion: for the period combining the current and three preceding quarters, ending total asset growth may not exceed 110% of the growth in net worth plus shares and deposits.
Together, these eligibility criteria would allow 57.25% annualized asset growth for one quarter, causing a credit union's net worth ratio to fall from 6 percent to 5.50 percent, provided that its ROAA is 60 basis points.
A credit union that meets the three eligibility criteria must file its 1st tier NWRP within the same 45-day period that § 702.206(a) prescribes for filing a standard NWRP. New § 702.206(c). And as explained below, an eligible credit union receives a single opportunity to seek NCUA approval of a 1st tier NWRP. New § 702.206(c)(4)(A).
The proposed rule has two content requirements for a 1st tier NWRP. First, a plan must include a realistic pro forma projection of growth in total assets, shares, ROAA and net worth ratio over the next four quarters, that will result in a net worth ratio of at least 6 percent and meet any applicable RBNW requirement. New § 702.206(c)(2)(A). The duration of a 1st tier NWRP is four quarters. Second, a plan must include a statement describing how the credit union will control exposure to market and institution risks arising from any new activities that it plans to undertake over the next four quarters. New § 702.206(c)(2)(B). The following table illustrates the ROAA a credit union would need to achieve to restore net worth from 5.50 to 6 percent over four quarters while offsetting given annual growth rates:
As suggested above, a more detailed standard NWRP typically would be appropriate when the annual rate of asset growth is projected to exceed the capacity of the offsetting ROAA to restore net worth to 6 percent and to meet an applicable RBNW requirement over four quarters.
There are three principal differences between the content requirements of a standard NWRP and those of a 1st tier NWRP. First, a standard plan must include complete pro forma financial statements covering a minimum of two years, whereas a 1st tier plan requires four quarters of pro forma projections of total assets, shares and deposits, return on average assets and net worth. Second, a standard plan requires the credit union to specify what steps it will take to meet its schedule of quarterly net worth targets. In contrast, a 1st tier NWRP does not address what steps the credit union will take to become “adequately capitalized” at the end of the term of the plan. Finally, a standard NWRP requires those steps to extend beyond the term of the plan to ensure that the credit union remains at least “adequately capitalized” thereafter for four consecutive calendar quarters.
For an NWRP to be approved, CUMAA requires NCUA to determine that it “is based on realistic assumptions and is likely to succeed in restoring the net worth of the credit union.” 12 U.S.C. 1790d(f)(5). To avoid any suggestion that a 1st tier NWRP will be exempt from this statutory mandate, the proposed rule clarifies that approval is subject to NCUA's case-by-case determination that the growth rate and ROAA projected for the credit union rest on realistic assumptions that are likely to succeed in restoring its net worth ratio to 6 percent and satisfying any applicable RBNW requirement at the end of the term of the plan. New §§ 702.206(c)(3), 702.206(c)(2)(A).
Under the proposed rule, a 1st tier NWRP would be evaluated under the existing approval criteria that apply to a standard NWRP. § 702.206(d). First, NCUA would determine whether an NWRP satisfied the content requirements of the proposed rule. Second, NCUA would review the plan's growth and ROAA projections to ensure that they are supported by “realistic assumptions.” To that end, the projections will be compared to historical growth and performance measures. Third, absent evidence to the contrary, NCUA would presume that a 1st tier NWRP would not unreasonably increase the credit union's exposure to risk. As part of the three-step evaluation, NCUA may consider the risk presented by any new activities the credit union plans to undertake and by other supervisory information. New § 702.206(c)(2)(B). This would include, for example, information from examination reports or insurance reviews, as well as CAMEL codes (
Once the evaluation is completed, NCUA would follow the same schedule for decision and notification that applies to standard NWRPs. § 702.206(f). Absent safety and soundness concerns, a 1st tier NWRP that meets the content requirements discussed above and that is determined by NCUA to be based on “realistic assumptions” should receive prompt approval.
There are three circumstances in which a credit union that is eligible to file a 1st tier NWRP will be required to file a standard NWRP instead. First, unlike a credit union that files a standard NWRP, the proposed rule gives an eligible credit union a single opportunity to submit a 1st tier NWRP for approval. If that plan is not approved, the credit union will then be required to file a standard NWRP under § 702.206(b), within the time period provided in § 702.206(g). New § 702.206(c)(3)(A).
Second, a continuing decline in net worth ratio while operating under an approved 1st tier NWRP will trigger the requirement to file a standard NWRP. The proposed rule requires a credit union to file a standard NWRP if, during the term of an approved 1st tier NWRP, its net worth ratio declines below 5.5% or declines more than 50 basis points below an applicable RBNW requirement. New § 702.206(c)(4)(B). A more detailed, standard NWRP will enable NCUA to assess the adequacy of a credit union's plans to address the
Finally, the proposed rule requires a credit union to file a standard NWRP under § 702.206(b) if, at the end of the term of its 1st tier NWRP (
The Regulatory Flexibility Act requires NCUA to prepare an analysis describing any significant economic impact a proposed regulation may have on a substantial number of small credit unions (primarily those under $1 million in assets). The proposed rule expedites implementation of the existing system of PCA mandated by Congress. 12 U.S.C. 1790d. The NCUA Board has determined and certifies that the proposed rule, if adopted, will not have a significant economic impact on a substantial number of small credit unions. Thus, a Regulatory Flexibility Analysis is not required.
NCUA has determined that the proposed rule would not increase paperwork requirements under the Paperwork Reduction Act of 1995 and regulations of the Office of Management and Budget. Control number 3133-0161 has been issued for part 702 and will be displayed in the table at 12 CFR part 795.
Executive Order 13132 encourages independent regulatory agencies to consider the impact of their regulatory actions on State and local interests. NCUA, an independent regulatory agency as defined in 44 U.S.C. 3502(5), voluntarily adheres to the fundamental federalism principles addressed by the executive order. This proposed rule would apply to all federally-insured credit unions, including State-chartered credit unions. Accordingly, it may have a direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. This impact is an unavoidable consequence of carrying out the statutory mandate to adopt a system of prompt corrective action to apply to all federally-insured credit unions. NCUA staff has consulted with a committee of representative State regulators regarding the impact of the proposed rule on State-chartered credit unions. Their comments and suggestions are reflected in the proposed rule.
NCUA has determined that the proposed rule will not affect family well-being within the meaning of section 654 of the Treasury and General Appropriations Act, 1999, Pub. L. 105-277, 112 Stat. 2681 (1998).
NCUA's goal is clear, understandable regulations that impose a minimal regulatory burden. A purpose of the proposed rule is to improve and simplify the existing system of PCA. We request your comments on whether the proposed rule is understandable and minimally intrusive if implemented as proposed.
Credit unions, Reporting and recordkeeping requirements.
For the reasons set forth above, 12 CFR part 702 is proposed to be amended as follows:
1. The authority citation for part 702 continues to read as follows:
12 U.S.C. 1766(a), 1790d.
2. Amend § 702.206 as follows:
a. Redesignate current paragraphs (c) through (i) as new paragraphs (d) through (j) respectively.
b. Add new paragraph (c) to read as follows:
(c)
(1)
(i) For the current quarter—
(A) Its net worth ratio is not less than five and one-half percent (5.50%) as measured using the quarter-end balance of total assets per § 702.2(k)(1)(iv); or
(B) It fails to meet any applicable risk-based net worth requirement by not more than 50 basis points (0.50%); and
(ii) For each of the three prior quarters—
(A) It had a net worth ratio of at least 6 percent (6.0%) as measured using any method of measuring total assets available under § 702.2(k)(1); or
(B) It met any applicable RBNW requirement; and
(iii) For the current and three preceding quarters—
(A) The dollar amount of its net worth increased, on average, by at least the equivalent of 60 basis points (0.60%) return on average assets as reflected in the credit union's Financial Performance Report; and
(B) Growth in ending total assets for the four-quarter period did not exceed one hundred ten percent (110%) of growth in the sum of net worth, shares and deposits for that period.
(2)
(i) Include pro forma projections of total assets, shares and deposits, return on average assets and net worth, covering the next four quarters and resulting in a net worth ratio that restores the credit union to at least “adequately capitalized” at the end of the fourth quarter; and
(ii) Describe how the credit union will control exposure to risk from any new activities over the next four quarters.
(3)
(4)
(i)
(ii)
(A) Below five and one-half percent (5.50%) as measured using the quarter-end balance of total assets per § 702.2(k)(1)(iv); or
(B) More than 50 basis points (0.50%) below an applicable risk-based net worth requirement; or
(iii)
Federal Aviation Administration (FAA), DOT.
Notice of proposed rulemaking (NPRM).
This action proposes to establish Class E airspace at Afton, WY. Newly developed Area Navigation (RNAV) Standard Instrument Approach Procedures (SIAP) at Afton Municipal Airport has made this proposal necessary. The establishment of Class E airspace is required to contain aircraft executing instrument flight rule (IFR) operations at Afton Municipal Airport within controlled airspace. The intended effect of this action is to provide an increased level of safety for aircraft executing IFR operations between the terminal and the en route phase of flight at Afton Municipal Airport, Afton, WY.
Comments must be received on or before January 13, 2003.
Send comments on the proposal in triplicate to: Manager, Airspace Branch, ANM-520, Federal Aviation Administration, Docket No. 02-ANM-07, 1601 Lind Avenue SW., Renton, Washington 98055-4056.
An informal docket may also be examined during normal business hours in the office of the Manager, Air Traffic Division, Airspace Branch, at the address listed above.
Ed Haeseker, ANM-520.8, Federal Aviation Administration, Docket No. 02-ANM-07, 1601 Lind Avenue SW., Renton, Washington 98055-4056; telephone number: (425) 227-2527.
Interested parties are invited to participate in this proposed rulemaking by submitting such written data, views, or arguments, as they may desire. Comments that provide the factual basis supporting the views and suggestions presented are particularly helpful in developing reasoned regulatory decisions on the proposal. Comments are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy related aspects of the proposal. Communications should identify the airspace docket number and be submitted in triplicate to the address listed above. Commenters wishing the FAA to acknowledge receipt of their comments on this action must submit, with those comments, a self-addressed stamped postcard on which the following statement is made: “Comments to Airspace Docket No. 02-ANM-07.” The postcard will be date/time stamped and returned to the commenter. All communications received on or before the specified closing date for comments will be considered before taking action on the proposed rule. The proposal contained in this action may be changed in the light of comments received. All comments submitted will be available for examination at the address listed above both before and after the closing date for comments. A report summarizing each substantive public contact with FAA personnel concerned with this rulemaking will be filed in the docket.
Any person may obtain a copy of this NPRM by submitting a request to the Federal Aviation Administration, Airspace Branch, ANM-520, 1601 Lind Avenue SW, Renton, Washington 98055-4056. Communications must identify the docket number of this NPRM. Persons interested in being placed on a mailing list for future NPRM's should also request a copy of Advisory Circular No. 11-2A, which describes the application procedure.
The FAA is considering an amendment to Title 14 Code of Federal Regulations, part 71 (14 CFR part 71) by establishing Class E airspace at Afton, WY. Two newly developed RNAV SIAP's, RNAV (GPS) RWY34 and RNAV (GPS) RWY 16, at Afton Municipal Airport, has made this proposal necessary. Establishing Class E airspace, 700-feet controlled airspace above the surface of the earth, is required to contain IFR operations at Afton Municipal Airport, Afton, WY. The FAA establishes Class E airspace where necessary to contain aircraft transitioning between the terminal and en route phase of flight environments. The intended effect of this proposal is designed to provide for the safe and efficient use of the navigable airspace.
The area would be depicted on aeronautical charts for pilot reference. The coordinates for this airspace docket are based on North American Datum 83. Class E airspace areas extending upward from 700-feet or more above the surface of the earth are published in Paragraph 6005 of FAA Order 7400.9J, dated August 31, 2001, and effective September 16, 2001, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designation listed in this document would be published subsequently in the Order.
The FAA has determined that this proposed regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore, (1) is not a “significant regulatory action” under Executive Order 12866; (2) is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11013; February 26, 1979); and (3) does not warrant preparation of a Regulatory Evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.
Airspace, Incorporation by reference, Navigation (air).
In consideration of the foregoing, the Federal Aviation Administration proposes to amend 14 CFR part 71 as follows:
1. The authority citation for 14 CFR part 71 continues to read as follows:
49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.
2. The incorporation by reference in 14 CFR 71.1 of the Federal Aviation Administration Order 7400.9J, Airspace Designations and Reporting Points, dated August 31, 2001, and effective September 16, 2001, is amended as follows:
That airspace extending upward from 700-feet above the surface within a 6.5 mile radius of the Afton Municipal Airport, and within 2 miles either side of the 355° bearing from the airport extending from the 6.5 mile radius to 7.5 miles north of the airport, and within 2 miles either side of the 185° bearing from the airport extending from the 6.5 mile radius to 19.3 miles south of the airport.
Office of the Secretary of Defense, DOD.
Proposed rule.
The Office of the Secretary of Defense is proposing to exempt two existing systems of records in its inventory of systems of records pursuant to the Privacy Act of 1974 (5 U.S.C. 552a), as amended.
During the course of a FOIA and/Privacy Act action, exempt materials from other systems of records may in turn become part of the case records in these systems. To the extent that copies of exempt records from those “other” systems of records are entered into the FOIA and/or Privacy Act case records, the Office of the Secretary of Defense hereby claims the same exemptions for the records from those “other” systems that are entered into this system, as claimed for the original primary systems of records which they are a part. Therefore, OSD is proposing to add exemptions to the existing systems of records.
Comments must be received on or before January 28, 2003, to be considered by this agency.
Send comments to OSD Privacy Act Coordinator, Records Management Section, Washington Headquarters Services, 1155 Defense Pentagon, Washington, DC 20301-1155.
Mr. David Bosworth at (703) 601-4728.
It has been determined that Privacy Act rules for the Department of Defense are not significant rules. The rules do not (1) Have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy; a sector of the economy; productivity; competition; jobs; the environment; public health or safety; or State, local, or tribal governments or communities; (2) Create a serious inconsistency or otherwise interfere with an action taken or planned by another Agency; (3) Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs, or the rights and obligations of recipients thereof; or (4) Raise novel legal or policy issues arising out of legal mandates, the President’s priorities, or the principles set forth in this Executive order.
It has been determined that Privacy Act rules for the Department of Defense do not have significant economic impact on a substantial number of small entities because they are concerned only with the administration of Privacy Act systems of records within the Department of Defense.
It has been determined that Privacy Act rules for the Department of Defense impose no information requirements beyond the Department of Defense and that the information collected within the Department of Defense is necessary and consistent with 5 U.S.C. 552a, known as the Privacy Act of 1974.
It has been determined that the Privacy Act rulemaking for the Department of Defense does not involve a Federal mandate that may result in the expenditure by State, local and tribal governments, in the aggregate, or by the private sector, of $100 million or more and that such rulemaking will not significantly or uniquely affect small governments.
It has been determined that the Privacy Act rules for the Department of Defense do not have federalism implications. The rules do not have substantial direct effects on the States, on the relationship between the National Government and the States, or on the distribution of power and responsibilities among the various levels of government.
Privacy.
Accordingly, 32 CFR part 311 is amended to read as follows:
1. The authority citation for 32 CFR part 311 continues to read as follows:
Pub. L. 93-579, 88 Stat. 1896 (5 U.S.C. 552a).
2. Section 311.8, is amended by adding paragraphs (c)(12) and (13) to read as follows:
(c)
(12)
(i)
(ii)
(iii)
(13)
(i)
(ii)
(iii)
Office of the Secretary, DoD.
Proposed rule.
The Office of the Secretary of Defense is proposing to add an exemption rule to an existing system of records. The exemption will protect the privacy of individuals identified in the system of records.
Comments must be received on or before January 28, 2003, to be considered by this agency.
Send comments to OSD Privacy Act Coordinator, Directives and Records Branch, Washington Headquarters Services, 1155 Defense Pentagon, Washington, DC 20301-1155.
Mr. David Bosworth at (703) 601-4728.
It has been determined that Privacy Act rules for the Department of Defense are not significant rules. The rules do not (1) Have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy; a sector of the economy; productivity; competition; jobs; the environment; public health or safety; or State, local, or tribal governments or communities; (2) Create a serious inconsistency or otherwise interfere with an action taken or planned by another Agency; (3) Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs, or the rights and obligations of recipients thereof; or (4) Raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in this Executive order.
It has been determined that Privacy Act rules for the Department of Defense do not have significant economic impact on a substantial number of small entities because they are concerned only with the administration of Privacy Act systems of records within the Department of Defense.
It has been determined that Privacy Act rules for the Department of Defense impose no information requirements beyond the Department of Defense and that the information collected within the Department of Defense is necessary and consistent with 5 U.S.C. 552a, known as the Privacy Act of 1974.
It has been determined that Privacy Act rulemaking for the Department of Defense does not involve a Federal mandate that may result in the expenditure by State, local and tribal governments, in the aggregate, or by the private sector, of $100 million or more and that such rulemaking will not significantly or uniquely affect small governments.
It has been determined that Privacy Act rules for the Department of Defense do not have federalism implications. The rules do not have substantial direct effects on the States, on the relationship between the National Government and the States, or on the distribution of power and responsibilities among the various levels of government.
Privacy.
Accordingly, 32 CFR part 311 is amended to read as follows:
1. The authority citation for 32 CFR part 311 continues to read as follows:
Pub. L. 93-579, 88 Stat. 1896 (5 U.S.C. 552a).
2. Section 311.8 is amended by adding paragraph (c)(14) to read as follows:
(c) Specific exemptions. * * *
(14)
(i)
(ii)
(iii)
(B) From subsections (d) and (f) because providing access to investigative records and the right to contest the contents of those records and force changes to be made to the information contained therein would seriously interfere with and thwart the orderly and unbiased conduct of the investigation and impede case preparation. Providing access rights normally afforded under the Privacy Act would provide the subject with valuable information that would allow interference with or compromise of witnesses or render witnesses reluctant to cooperate; lead to suppression, alteration, or destruction of evidence; enable individuals to conceal their wrongdoing or mislead the course of the investigation; and result in the secreting of or other disposition of assets that would make them difficult or impossible to reach in order to satisfy any Government claim growing out of the investigation or proceeding.
(C) From subsection (e)(1) because it is not always possible to detect the relevance or necessity of each piece of information in the early stages of an investigation. In some cases, it is only after the information is evaluated in light of other evidence that its relevance and necessity will be clear.
(D) From subsections (e)(4)(G) and (H) because this system of records is compiled for investigative purposes and is exempt from the access provisions of subsections (d) and (f).
(E) From subsection (e)(4)(I) because to the extent that this provision is construed to require more detailed disclosure than the broad, generic information currently published in the system notice, an exemption from this provision is necessary to protect the confidentiality of sources of information and to protect privacy and physical safety of witnesses and informants. The Office of the Secretary of Defense will, nevertheless, continue to publish such a notice in broad generic terms, as is its current practice.
(F) Consistent with the legislative purpose of the Privacy Act of 1974, OSD will grant access to nonexempt material in the records being maintained. Disclosure will be governed by OSD Administrative Instruction #81, but will be limited to the extent that the identity of confidential sources will not be compromised; subjects of an investigation of an actual or potential criminal or civil violation will not be alerted to the investigation; the physical safety of witnesses, informants and law enforcement personnel will not be endangered; the privacy of third parties will not be violated; and that the disclosure would not otherwise impede effective law enforcement. Whenever possible, information of the above nature will be deleted from the requested documents and the balance made available. The controlling principle behind this limited access is to allow disclosures except those indicated in this paragraph. The decisions to release information from these systems will be made on a case-by-case basis.
Department of the Air Force, DoD.
Proposed rule.
The Department of the Air Force is proposing to add an exemption rule for the system of records F031 DoD A, entitled ‘Joint Personnel Adjudication System’. The Joint Personnel Adjudication System is used for personnel security management within DoD, and provides a common, comprehensive medium to record and document personnel security actions within the DoD.
Comments must be received on or before January 28, 2003, to be considered by this agency.
Send comments to the Air Force Privacy Act Manager, AF-CIO/P, 1155 Air Force Pentagon, Washington, DC 20330-1155.
Mrs. Anne Rollins at (703) 601-4043 or DSN 329-4043.
It has been determined that Privacy Act rules for the Department of Defense are not significant rules. The rules do not: (1) Have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy; a sector of the economy; productivity; competition; jobs; the environment; public health or safety; or State, local, or tribal governments or communities; (2) Create a serious inconsistency or otherwise interfere with an action taken or planned by another Agency; (3) Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs, or the rights and obligations of recipients thereof; or (4) Raise novel legal or policy issues arising out of legal mandates, the President’s priorities, or the principles set forth in this Executive order.
It has been determined that Privacy Act rules for the Department of Defense do not have significant economic impact on a substantial number of small entities because they are concerned only with the administration of Privacy Act systems of records within the Department of Defense.
It has been determined that Privacy Act rules for the Department of Defense impose no information requirements beyond the Department of Defense and that the information collected within the Department of Defense is necessary and consistent with 5 U.S.C. 552a, known as the Privacy Act of 1974.
It has been determined that the Privacy Act rulemaking for the Department of Defense does not involve a Federal mandate that may result in the expenditure by State, local and tribal governments, in the aggregate, or by the private sector, of $100 million or more and that such rulemaking will not
It has been determined that the Privacy Act rules for the Department of Defense do not have federalism implications. The rules do not have substantial direct effects on the States, on the relationship between the National Government and the States, or on the distribution of power and responsibilities among the various levels of government.
Privacy.
Accordingly, 32 CFR part 806b is amended to read as follows:
1. The authority citation for 32 CFR part 806b continues to read as follows:
Pub. L. 93-579, 88 Stat. 1896 (5 U.S.C. 552a).
2. Appendix C to part 806b, is amended by adding paragraph (b)(23) to read as follows:
Appendix C to part 806b—General and specific exemptions.
(b)
(23)
(i)
(2) Any portion of this system of records which falls within the provisions of 5 U.S.C. 552a(k)(5) may be exempt from the following subsections of 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H), and (I), and (f).
(ii)
(iii)
(B) From subsections (d) and (f) because providing access to investigative records and the right to contest the contents of those records and force changes to be made to the information contained therein would seriously interfere with and thwart the orderly and unbiased conduct of the investigation and impede case preparation. Providing access rights normally afforded under the Privacy Act would provide the subject with valuable information that would allow interference with or compromise of witnesses or render witnesses reluctant to cooperate; lead to suppression, alteration, or destruction of evidence; enable individuals to conceal their wrongdoing or mislead the course of the investigation; and result in the secreting of or other disposition of assets that would make them difficult or impossible to reach in order to satisfy any Government claim growing out of the investigation or proceeding.
(C) From subsection (e)(1) because it is not always possible to detect the relevance or necessity of each piece of information in the early stages of an investigation. In some cases, it is only after the information is evaluated in light of other evidence that its relevance and necessity will be clear.
(D) From subsections (e)(4)(G) and (H) because this system of records is compiled for investigative purposes and is exempt from the access provisions of subsections (d) and (f).
(E) From subsection (e)(4)(I) because to the extent that this provision is construed to require more detailed disclosure than the broad, generic information currently published in the system notice, an exemption from this provision is necessary to protect the confidentiality of sources of information and to protect privacy and physical safety of witnesses and informants.
(F) Consistent with the legislative purpose of the Privacy Act of 1974, the AF will grant access to nonexempt material in the records being maintained. Disclosure will be governed by the Air Force Privacy Regulation, but will be limited to the extent that the identity of confidential sources will not be compromised; subjects of an investigation of an actual or potential criminal or civil violation will not be alerted to the investigation; the physical safety of witnesses, informants and law enforcement personnel will not be endangered, the privacy of third parties will not be violated; and that the disclosure would not otherwise impede effective law enforcement. Whenever possible, information of the above nature will be deleted from the requested documents and the balance made available. The controlling principle behind this limited access is to allow disclosures except those indicated above. The decisions to release information from these systems will be made on a case-by-case basis.
Federal Communications Commission.
Proposed rules; solicitation of comments.
In a document released on November 5, 2002, the Wireline Competition Bureau sought comment on the Recommended Decision of the Federal-State Joint Board on Universal Service addressing issues from the
Submit comments on or before December 20, 2002, and reply comments on or before January 3, 2003.
Federal Communications Commission, 445 12th St., SW., Washington, DC 20554. See Supplementary Information section for where and how to file comments.
Katie King, Jennifer Schneider, or Narda Jones, Attorneys, Telecommunications Access Policy Division, Wireline Competition Bureau, (202) 418-7400; TTY: (202) 418-0484.
This is a summary of the Wireline Competition Bureau's Public Notice in CC Docket No. 96-45 released on November 5, 2002. The full text of this document is available for public inspection during regular business hours in the FCC Reference Center, Room CY-A257, 445 Twelfth Street, SW., Washington, DC 20554.
The Wireline Competition Bureau (Bureau) seeks comment on the Recommended Decision of the Federal-
Comment is sought on the Joint Board's recommendations. Specifically, in its
Pursuant to §§ 1.415 and 1.419 of the Commission's rules, interested parties may file comments December 20, 2002, and reply comments January 3, 2003. Comments may be filed using the Commission's Electronic Comment Filing System (ECFS) or by filing paper copies.
Comments filed through the ECFS can be sent as an electronic file via the Internet to
Parties who choose to file by paper must file an original and four copies of each filing. If more than one docket or rulemaking number appears in the caption of this proceeding, commenters must submit two additional copies for each additional docket or rulemaking number. Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail (although we continue to experience delays in receiving U.S. Postal Service mail). The Commission's contractor, Vistronix, Inc., will receive hand-delivered or messenger-delivered paper filings for the Commission's Secretary at 236 Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. The filing hours at this location are 8 a.m. to 7 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes must be disposed of before entering the building. Commercial overnight mail (other then U.S. Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. U.S. Postal Service first-class mail, Express Mail, and Priority Mail should be addressed to 445 12th Street, SW., Washington, DC 20554. All filings must be addressed to the Commission's Secretary, Marlene H. Dortch, Office of the Secretary, Federal Communications Commission.
Parties also must send three paper copies of their filing to Sheryl Todd, Telecommunications Access Policy Division, Wireline Competition Bureau, Federal Communications Commission, 445 12th Street, SW., Room 5-B540, Washington, DC 20554. In addition, commenters must send diskette copies to the Commission's copy contractor, Qualex International, Portals II, 445 12th Street, SW., Room CY-B402, Washington, DC 20054.
Pursuant to § 1.1206 of the Commission's rules, this proceeding will continue to be conducted as a permit-but-disclose proceeding in which
1. In this Recommended Decision, the Federal-State Joint Board on Universal Service (Joint Board) provides its recommendations on issues from the
2. Based on examination of the record in this proceeding, the Joint Board recommends that the Commission modify the non-rural high-cost support mechanism implemented in the
3. The Joint Board's recommendations comprise an integrated approach to the complex and interrelated issues referred by
4. The Joint Board recommends that, for purposes of non-rural high-cost support, sufficiency should be principally defined as enough support to enable states to achieve reasonable comparability of rates. Sufficiency should be defined based on the relevant statutory goals under section 254(b). Thus, the definition of the term may vary depending on the underlying purpose of the universal service program in question. The principal purpose of the non-rural high-cost support mechanism is to provide enough federal support to enable states to achieve reasonable comparability of rural and urban rates, the principle found in section 254(b)(3). As discussed in more detail below, non-rural high-cost support is designed to provide high-cost states enough support so that their net average costs are reasonably comparable to the national average cost. With reasonably comparable net costs, these high-cost states should then have the resources to ensure that rural and urban rates within their borders are reasonably comparable. The Joint Board recommends below that the Commission require states to certify that their rates are reasonably comparable or explain why they are not, and provide states the opportunity to demonstrate that further federal action is needed because current federal support and state action together are insufficient to achieve reasonably comparable rates. Accordingly, for purposes of non-rural high-cost support, the Joint Board recommends that sufficiency be defined as enough support to enable states to achieve reasonably comparable rates.
5. The Joint Board also reaffirms that the statutory principle of sufficiency means that non-rural high-cost support should be only as large as necessary to achieve its statutory goal. Correct fund size is essential to ensure that all consumers benefit from universal service.
6. We explain more fully here why costs rather than rates should continue to be the principal basis for determining federal support flows among states. Congress adopted section 254 to ensure that, as competition develops, there would be explicit support mechanisms in place to preserve the fundamental communications policy goal of providing universal telephone service in all regions of the nation at reasonably comparable rates. Section 254(b)(3) requires reasonably comparable rates. This would be a relatively easy undertaking if the cost of providing telephone service were comparable in urban and rural areas. But costs are not comparable. The cost of providing telephone service is largely a function of population density and distance. Sparsely populated, rural areas have longer telephone loops, the most expensive portion of the telephone network, and fewer customers to spread the costs among. In some rural areas the cost of providing telephone service may be one hundred times greater than costs in urban areas.
7. Although rates generally are related to costs, states may base rates on numerous considerations in addition to cost. For example, local rates may vary from state to state depending upon each state's local rate design policies; whether or not a carrier's rates are set based on a price cap approach; the degree to which implicit subsidies may remain within local rates; whether a state universal service fund exists; and other factors. Attempting to develop cost support levels based principally on rates would therefore likely be difficult to implement considering the lack of uniformity in local rate design practices and could lead to inequitable treatment between states with substantially similar costs but different local rate policies.
8. For these reasons, the use of costs rather than rates to determine federal support was central to the Commission's decision adopting the non-rural high-cost support mechanism in the
9. While the inducements to state action on rates and supplemental rate review contained in this recommendation recognize that the ultimate test of rate comparability will be the rates customers actually pay for service, the use of costs for determining the areas of greatest need establishes a firm foundation for the states to fulfill the goals of section 254 of the Act. We recommend that the Commission continue to use a cost-based approach as the principal means of achieving the statutory goal of rate comparability.
10. The Joint Board recommends that the Commission continue to determine high-cost support for non-rural companies by using statewide average costs. We believe that this reflects an appropriate division of federal and state responsibility for achieving rate comparability for non-rural companies. Because the states, not the Commission, set intrastate rates, the states have primary responsibility for ensuring reasonably comparable rural and urban rates. States tend to rely on either implicit or explicit mechanisms to transfer support from low-cost lines to high-cost lines within a state.
11. Despite implicit or explicit state support mechanisms, the low-cost areas of some states cannot balance their high-cost areas. Although such states could, through their own efforts, achieve reasonably comparable rates within their own boundaries, those rates would still be high relative to the national average because of the states' high average costs. The Commission's primary role is to identify those states that do not have the resources within their borders to support all of their high-cost lines. The non-rural high-cost support mechanism achieves this through the comparison of statewide average cost to a national cost benchmark. The averaging process provides a logical means to assess the relative extent to which states can support their high-cost areas by using resources from low-cost areas. By shifting funds to states with average costs above the national benchmark, the Commission provides federal support that is intended to enable high-cost states to set rates that are reasonably comparable to all rates across the nation.
12. The Commission explained in the
13. We disagree with the contention of the Rural Utilities Service that high-cost customers are being hidden by statewide averaging. The Rural Utilities Service was concerned about the circumstance in which some customers have high costs but the state average is not high enough to qualify for support. The use of statewide average costs reflects what we believe to be an appropriate policy decision that in such cases the state has the primary responsibility and demonstrated ability to ensure rate comparability. Federal support is needed when the state, because of its high average cost, cannot solve such a problem without imposing an undue burden on its own ratepayers.
14. While statewide averaging is appropriate in the non-rural mechanism, it may not be appropriate for the high-cost mechanism providing support to rural carriers. Many rural carriers lack the economies of scale and scope of the generally larger non-rural carriers, as the Rural Task Force established in documenting differences that exist between rural and non-rural companies. The Commission has stated that
15. Based on examination of the record, the Joint Board continues to support the 135% benchmark. The court appeared to consider the ability to produce reasonably comparable urban and rural rates as a key factor in supporting an appropriate cost benchmark. As the court observed, although non-rural high-cost support is distributed based on a comparison of national and statewide average costs, the benchmark must be ultimately based on attainment of the statutory principle of reasonable comparability of urban and rural rates. We have noted that the Joint Board and Commission have found in prior rulings that current rates are affordable and reasonably comparable. These findings are supported by a recent General Accounting Office (GAO Report). Based on data contained in the GAO Report, it appears that six years after passage of the Act the national averages of rural, suburban and urban rates for residential customers diverge by less than two percent. We believe that the comparability of average rural and urban rates supports continued use of the 135% cost benchmark. In addition, the Joint Board finds that the current benchmark is empirically supported by a cluster analysis and a standard deviation analysis. Both of these methods indicate that the 135% benchmark targets support to states with substantially higher average costs than other states, consistent with the purpose of non-rural high-cost support.
16. Verizon argues that the 135% benchmark is consistent with Congressional intent that federal support be sufficient to maintain the range of rates existing at the time the 1996 Act was adopted. We agree with Verizon that one of the goals of the 1996 Act was to ensure that rates remain reasonably comparable as competition develops. Congress was concerned that competition would erode implicit support and adopted section 254 to preserve and advance universal service. Verizon argues further that rates have not changed substantially since 1996, so the range of existing rates, as reflected in the GAO Report, should be used to determine what is reasonably comparable. Because 95% of rates fall within two standard deviations of the mean, Verizon argues that rural rates within two standard deviations of urban rates should be considered reasonably comparable. Verizon points out that an analysis of the Commission's cost model shows that two standard deviations translates approximately to a 135% cost benchmark. Thus, Verizon argues that rural rates within two standard deviations of urban rates should be considered reasonably comparable and that the cost benchmark level of 135% is justified because it is nearly equivalent to two standard deviations. As discussed below, we agree.
17. The current benchmark is supported by a standard deviation analysis. Standard deviation is a commonly used statistical analysis that measures dispersion of data points from the mean of those data points. In a normal distribution, data points within two standard deviations of the mean will comprise approximately 95% of all data points. In other words, use of two standard deviations will identify data points that are truly outliers within the sample studied. Verizon points out that both the Commission and state commissions have adopted this statistical approach as a standard for determining parity or comparability. As applied to the cost of non-rural lines, the measurement of two standard deviations from the national average cost results in approximately 132% of the national average cost. Based on this information, the Joint Board concludes that the 135% benchmark is a reasonable dividing line separating high-cost states from the remainder of average and low-cost states.
18. The Joint Board used a cluster analysis to determine that the states receiving non-rural high-cost support under the current 135% benchmark are states that have substantially higher average costs than other states. Cluster analysis is an analytical technique that organizes information around variables so that relatively homogeneous groups, or clusters, can be identified. The Joint Board used cluster analysis to identify groups of states that had similar cost characteristics, thereby warranting different treatment regarding universal service support. Specifically, states were sorted from lowest- to highest-cost based on statewide average cost per loop. Clusters were identified in this ranking if the difference in average costs between states was greater than “cluster split differences” ranging from 2.5 to 0.5. Under this analysis, Mississippi was the first to break out into a separate cluster, and the second was the District of Columbia. The first group of states to break out into a separate rural, high-cost cluster included Kentucky, Maine, Alabama, Vermont, Montana, West Virginia and Wyoming. The remaining states, ranging from New Jersey to Nebraska, formed a separate urban, low-cost cluster. When Mississippi and the District of Columbia, the respective high- and low-cost “outliers,” were combined into the two larger clusters, “cluster stability” was achieved for a wide range of numerical values from 2.5 to 0.85. “Cluster stability” means that the same clusters are maintained even as the numerical values are varied, indicating a strong similarity among members of the cluster groups. Because cluster analysis identifies a high-cost, rural cluster of states that matches the group of states currently receiving support under the non-rural high-cost support mechanism, the Joint Board finds that the cluster analysis empirically supports the current 135% benchmark.
19. Because the standard deviation analysis and the cluster analysis both support 135% as a reasonable benchmark, the Joint Board recommends continued use of the 135% benchmark. The court recognized that the use of any benchmark may be somewhat arbitrary; however, choice of a specific, percentage-based benchmark (as opposed to a mathematically calculated benchmark based on two standard deviations which may result in a different percentage each year) provides certainty to the funding process that carriers and states desire. Accordingly, the Joint Board recommends continued use of a 135% benchmark. The supplemental rate comparability review which we recommend will allow the Commission to assess how successfully the non-rural high-cost support ensures reasonable comparability of rates.
20. Some commenters suggest that, in light of the court's decision, it would be more appropriate to use a benchmark based on average urban cost, rather than nationwide average cost. The Joint Board recommends that the Commission continue to use a nationwide cost benchmark. The national benchmark is intended to ensure that each state has a relatively equal ability to achieve reasonable comparability of urban and rural rates. We do not agree that an urban cost benchmark would better satisfy the statutory comparison of urban and rural rates. Like the current mechanism, the urban benchmark substitutes costs for rates. In addition, rather than comparing rural and urban costs, it compares statewide average costs to nationwide urban costs.
21. The urban benchmark proposal would require more funding or a higher benchmark level because urban average costs are lower than national average costs. For example, an urban benchmark of 165% would yield roughly the same support amounts as the current 135% national benchmark. An urban benchmark of less than 165% would require more federal support. The
22. The urban benchmark proposal is premised in part on the argument that the current 135% national benchmark cannot enable rate comparability because it is equivalent to about 165% of urban average cost, near the 70-80% range of variability that the court doubted was reasonably comparable. As explained, however, rates do not necessarily equate to costs, so setting a 135% national benchmark (or 165% urban benchmark) does not mean intrastate rates will vary to the same degree. For the same reason, establishing cost support based on an urban benchmark will not ensure that urban and rural rates will be reasonably comparable. Because the urban benchmark proposal does not improve the operation of the high-cost support mechanism, nor address the rate comparability concerns of the court, the Joint Board recommends that the current national benchmark be retained, supplemented by rate review to ensure comparability of urban and rural rates.
23. As discussed, a “step function” provides gradually more support for costs that exceed certain thresholds or “steps” above the national average. BellSouth supports the 135% benchmark, but proposes an additional, lower benchmark to provide some support to carriers in states with average costs between 100 and 135% of the national average cost. BellSouth proposes a step function as a means of distributing support more widely among states and, thereby, inducing states to ensure reasonable comparability of urban and rural rates. As discussed, the purpose of non-rural high-cost support is to provide sufficient support to enable high-cost states to develop reasonably comparable rates. Providing additional support merely to induce states to ensure rate comparability without determining that additional support is necessary may conflict with the principle that support should be only as large as necessary. Nevertheless, a step function could promote predictability by preventing a total loss of federal support if small cost changes cause a state's average cost per line to fall below the dollar amount of the 135% benchmark in a given year. We believe that use of a step function may have benefits and warrants further consideration; however, the Joint Board does not recommend that the Commission add a step function to the non-rural high-cost support mechanism at this time. In light of the need to respond expeditiously to the court's remand, the Joint Board expects to address the issue of a step function in its comprehensive review of the rural and non-rural support mechanisms.
24. The Joint Board recommends that the Commission implement a procedure that will induce states to achieve reasonably comparable rates and enable the Commission to take additional action, if necessary, to achieve comparable rates. Specifically, the Joint Board recommends the Commission expand the current annual certification process under section 254(e) of the Act to require states to certify that the basic service rates in high-cost areas served by eligible telecommunications carriers (ETCs) within the state are reasonably comparable to a national rate benchmark. For purposes of this state certification process, the Joint Board recommends that high-cost areas be defined as all wire centers with a line density less than 540 lines per square mile. As part of the certification process, all states should be required to compare basic service rates based on a standard template. The Commission should also establish a “safe harbor” whereby a state whose rates are at or below a certain rate benchmark may certify that their basic service rates in high-cost areas are reasonably comparable without the necessity of submitting rate information. However, states would have the option of submitting additional data to demonstrate that other factors affect the comparability of their rates. If a state's rates are more than the rate benchmark, the state could request further federal action based on a showing that federal support and state actions together were not sufficient to yield reasonably comparable basic service rates statewide. Further federal actions could include, but are not limited to, additional targeted federal support, or actions to modify calling scopes or improve quality of service where state commissions have limited jurisdiction. A state requesting further federal action must show that it has already taken all actions reasonably possible and used all available state and federal resources to make basic service rates reasonably comparable, but that rates nevertheless fall above the benchmark. A state whose basic service rates exceed the rate benchmark and that requests further federal action should be required to submit rate data in support of its certification, based on a basic service rate template. The Joint Board recognizes that it may be appropriate to use 135% for the safe harbor rate benchmark, but recommends that the Commission further develop the record to establish the appropriate rate benchmark for the safe harbor.
25. The Joint Board believes that this expanded certification process meets the court requirement to induce state action to achieve rate comparability. With any support mechanism, the proof of success must be evaluated not only on whether the mechanism as a whole generally achieves rate comparability, but also upon the degree and nature of any exceptions. The court criticized the Commission for failing to adequately reconcile its conclusion that rates were generally comparable in light of instances where state rates were reportedly high. Together with federal non-rural high-cost support, the expanded certification process will ensure that rates “* * * in all regions of the Nation * * * are reasonably comparable * * *” as set forth in section 254(b)(3). The expanded certification process encourages states to scrutinize their rates using the basic service rate template, to determine whether they are reasonably comparable, and if not, to take actions to make them reasonably comparable. When state basic service rates are at or below the rate benchmark level, then there should be a presumption that rates in that state are reasonably comparable to national urban rates. This recommended approach affords the states maximum flexibility to determine basic service rates. The Commission should accord substantial deference to these state certifications.
26. As an initial matter, the Joint Board recommends that the Commission base the rate benchmark on the most recent average urban residential rate as shown in the Bureau's
27. The Joint Board emphasizes that any rate benchmark established is meant simply as a “safe harbor” for the purposes of determining rate comparability. The Joint Board does not suggest through this Recommended Decision that it is appropriate that any rates be increased to that level. The Joint Board recognizes and supports the role of state commissions in setting rates within each state. The Joint Board recommends requiring that states review only residential rate information at this time. The Joint Board suggests that it may be appropriate to solicit comment as to whether only residential or residential and business rates eventually should be reviewed by the states.
28. The Joint Board recommends that the Commission establish a basic service rate template for states to use to compare rates. We suggest that the basic service rate template should include the items contained in the annual rate survey by the Bureau. The Joint Board recommends that the template include the following factors: the rate for a line with access to the public switched network, federal subscriber line charge, state subscriber line charge (if any), federal universal fund charge, state universal fund charge (if any), local number portability charge, telecommunications relay service charge, 911 charges, federal universal service credits (if any), state universal service credits (if any) and the federal excise tax.
29. The expanded state certification process would augment the existing state certification under section 254(e) of the Act. The existing procedure requires states to certify that all ETCs that receive federal universal service funding are using the funds to achieve the goals of the Act. The new procedure would expand reporting requirements to include a discussion of rate comparability. In the expanded certification process, states typically would report in one of four ways:
a. Rates within the state fall below the benchmark and are considered by the state to be reasonably comparable. No further showing should be required.
b. Rates are not below the benchmark, but may nevertheless be considered reasonably comparable. A state could show that due to other factors—for example, additional services included in the basic service rate or the method in which the state has targeted existing universal service support—the rates above the benchmark actually should be presumed reasonably comparable. In the alternative, the state could report on actions it intends to take to achieve reasonable comparability.
c. Rates are below the benchmark, but are not reasonably comparable. A state may show that even though actual rates are within the safe harbor, the price paid for service received results in rates and services that are
d. Rates are above the benchmark and are not reasonably comparable. A state could request federal action based on a showing that current combined federal and state actions are insufficient to produce reasonably comparable rates. If the state asserts that existing federal support and state resources are not sufficient for the state to attain reasonably comparable rates, the state should be required to show that it has already taken all available steps to remedy the situation, but that rates remain above the benchmark. If the state can make this showing, the Commission would consider taking further action to meet the needs of the state in achieving reasonably comparable rates.
30. The Joint Board recommends that states certifying that their rates fall at or below the national rate benchmark and are reasonably comparable should not be required to submit any additional rate information. Any states requesting additional federal action should be afforded great flexibility in making their presentations, but should be required to fully explain the basis for their request. Factors that should be addressed by any such state would include, but not be limited to: Rate analysis and a demonstration why the state contends that rates are not reasonably comparable; any other factors that should be considered in evaluating rates; and a demonstration that the state has taken all reasonably possible steps to develop maximum support from within the state. The requesting state should fully explain how it has used any federal support currently received to help achieve comparable rates and whether the state has implemented a state universal service fund to support rates in high-cost areas of that state. The Joint Board recommends the Commission develop exact procedures to be used in filing and processing requests for further federal actions. In particular, the Joint Board recommends that the Commission establish a time limit for consideration of such state requests, to ensure that requests will be processed and decided expeditiously.
31. This Federal-State Joint Board pursuant to section 254(a)(1) and section 410(c) of the Communications Act of 1934, as amended, 47 U.S.C. 254(a)(1) and 410(c), recommends that the Commission adopt the proposals described relating to issues from the
Federal Communications Commission.
Proposed rule; reopening of comment period.
On September 18, 2002, the Commission released a document (67 FR 62667, Oct. 8, 2002) seeking comment on whether it should change its rules restricting telemarketing calls and facsimile advertisements. This document grants, in part, and denies, in part, the motion of the American Teleservices Association (ATA) to extend the time to file comments in our TCPA proceeding in CG Docket No. 02-278.
Comments are due in this proceeding on December 9, 2002, and reply comments are due January 8, 2003.
Parties who choose to file comments by paper must file an original and four copies with the Commission's Secretary, Marlene H. Dortch, Office of the Secretary, Federal Communications Commission, 445 12th Street, SW., Room TW-A325, Washington, DC 20554. Comments may also be filed using the Commission's Electronic Filing System, which can be accessed via the Internet at
Erica H. McMahon or Richard D. Smith, Consumer & Governmental Affairs Bureau, (202) 418-2512.
On November 13, 2002, the American Teleservices Association (ATA) filed a motion for extension of time to file comments in CG Docket No. 02-278. It is not Commission policy to routinely grant extensions of time. However, we find that a brief extension of time to file comments in this proceeding is in the public interest. We therefore grant, in part, and deny, in part, ATA's request to extend the comment period in this proceeding. In so doing, we note that many parties seeking to file comments in this proceeding are consumers who may lack familiarity with the Commission's process for filing comments. We believe an extension of time will help to ensure that these parties have ample opportunity to participate. In addition, because the Consumer & Governmental Affairs Bureau (Bureau) responded to ATA's FOIA request on November 14, 2002 by giving ATA 250 redacted complaints, the additional time will afford ATA ample opportunity to review those complaints. Finally, we extend the reply comment period to 30 days following the comment deadline to allow parties a sufficient opportunity to respond to the large number of comments already filed in this proceeding. As of November 19, 2002, over 4,100 comments have been filed in response to the Notice of Proposed Rulemaking (Notice).
We decline, however, to extend the comment period to the full extent requested by ATA. We do not believe that it would be in the public interest to delay this entire proceeding by several months based on the rationale provided in ATA's motion. In particular, we disagree with ATA's contention that ATA must obtain the approximately 11,000 TCPA-related complaints and 1,500 inquiries filed from 2000-2001 prior to commenting on the issues presented in the Notice. The Notice presents, in detail, the specific issues and rules that are under consideration for review in this proceeding. We believe this information allows parties a full and complete opportunity to respond to these issues. In addition, as noted above, the Commission has provided 250 such complaints to ATA in response to its FOIA request. ATA will have an opportunity to analyze those complaints prior to submitting its comments. The Commission intends to work diligently to provide a complete response to ATA's FOIA request. To the extent necessary, ATA will have additional opportunities to supplement its comments through
Telephone.
Federal Motor Carrier Safety Administration (FMCSA), DOT.
Notice of intent to consider negotiated rulemaking process.
The FMCSA announces it is exploring the feasibility of conducting a negotiated rulemaking (Reg Neg) concerning maintenance of intermodal container chassis and trailers. The FMCSA has hired a convenor to speak to interested parties about the idea of a Reg Neg. The FMCSA anticipates that these interested parties may include driver organizations, motor carriers, ocean carriers, rail carriers, port authorities, chassis owners, safety advocacy groups, enforcement officials, and insurers.
Please submit your comments no later than January 13, 2003.
Please mail or hand deliver comments about this notice to the U.S. Department of Transportation, Dockets Management Facility, Room PL-401, 400 Seventh Street, SW., Washington, DC 20590; fax to the Docket Management Facility at 202-493-2251; or submit electronically at
Ms. Deborah M. Freund, Vehicle and Roadside Operations Division (MC-PSV), Office of Bus and Truck Standards and Operations, (202) 366-4009, Federal Motor Carrier Safety Administration, 400 Seventh Street, SW., Washington, DC 20590. Office hours are from 7:45 a.m. to 4:15 p.m., e.t., Monday through Friday, except Federal holidays.
On February 17, 1999, the FMCSA published an advance notice of proposed rulemaking (ANPRM) to ensure that it would consider all the pertinent issues that could impact any potential rulemaking changes for the maintenance of intermodal container chassis and trailers (64 FR 7849). The FMCSA took comments on the ANPRM and held three public meetings in 1999. The meetings were held in the States of Washington, Illinois, and New York. Docket FMCSA-98-3656 has 100 comments and 3 meeting transcripts in response to the ANPRM and public meetings.
The Regulatory Identification Number (RIN) for this action had been 2125-AE40 in February 1999 and is now 2126-AA38.
The FMCSA is now studying the feasibility of using the Reg Neg process for this proceeding. In a Reg Neg, an agency invites representatives of interested parties that are likely to be affected by a regulation to work with each other and the agency on a negotiating committee to develop a consensus draft of a proposed rule. The agency would then publish the proposal for public comment under customary regulatory procedures. The FMCSA believes cooperative problem solving should be given serious consideration. An agency must determine whether an appropriate advisory committee can be assembled that would fairly represent all affected interests and negotiate in good faith. The FMCSA has, therefore, retained a neutral convenor (Charles Pou, Jr.) to undertake the initial stage in the Reg Neg process. Mr. Pou's curriculum vitae has been placed in docket FMCSA-98-3656 for the public's convenience.
The neutral convenor will interview affected interests, including but not limited to, driver organizations, motor carriers, ocean carriers, rail carriers, port authorities, chassis owners, safety advocacy groups, enforcement officials, insurers, and others. The convenor will determine whether additional categories of interested parties may be necessary. The convenor will, among other things, examine the potential for adequate and balanced representation of these varied interests on an advisory committee that would be convened to negotiate the regulation. The convenor will then submit a written report of findings and recommendations to the agency. The convenor's report will provide a basis for the FMCSA to decide whether to proceed with Reg Neg, and, if so, to determine the scope of the issues the committee would be charged with addressing. In the alternative, the FMCSA may decide to proceed with traditional notice-and-comment rulemaking, or to discontinue the rulemaking.
All interested parties should know that the confidentiality provisions of the Administrative Dispute Resolution Act, 5 U.S.C. Section 574, will apply to the convenor's activities. The Federal Government will make no claim to the convenor's notes, memoranda, or recollections or to documents provided to the convenor in confidence in the course of the convening process.
The convenor will not interpret FMCSA or DOT policy on behalf of the FMCSA or DOT nor make decisions on items of policy, regulation, or statute. The convenor will not take a stand on the merits of substantive items under discussion.
The FMCSA will provide any comments it receives in reaction to this notice to the convenor and will file the comments in docket FMCSA-98-3656. If you want to submit comments to this notice directly to the docket, use the addresses above under the heading
Should the FMCSA decide to proceed with a Reg Neg process, the agency will follow the procedures set forth in the Negotiated Rulemaking Act of 1996, 5 U.S.C. 561
Fish and Wildlife Service, Interior.
Proposed rule; notice of public hearings.
We, the Fish and Wildlife Service, give notice that we are holding an additional public hearing on the proposed rule to allow incidental take of Florida manatees under the Marine Mammal Protection Act. We invite all interested parties to submit comments on this proposal.
We will hold an additional public hearing from 6 to 9 p.m. on Thursday, December 12, 2002, in Fort Lauderdale, Florida (see item 7. under
We will hold the public hearings at the following locations:
You may submit written comments and materials concerning the proposal at the hearings or send them directly to the Field Supervisor, U.S. Fish and Wildlife Service, North Florida Field Office, ATTN: Proposed MMPA Rule, 6620 Southpoint Drive, South, Suite 310, Jacksonville, Florida 32216. You may also hand-deliver written comments to our North Florida Field Office, at the above address, or fax your comments to 904/232-2404. Additionally, you may send comments by electronic mail (e-mail) to
Comments and materials received, as well as supporting documentation used in the preparation of this proposed rule, will be available for public inspection, by appointment, during normal business hours from 8:00 a.m. to 4:30 p.m., at the above address. You may obtain copies of the proposed rule and draft environmental impact statement from the above address or by calling 904/232-2580, or from our Web site at
Peter Benjamin (see
We published proposed regulations that would authorize for the next five years the incidental, unintentional take of small numbers of Florida manatees
Under the provisions of the Marine Mammal Protection Act (MMPA), the Secretary of the Department of the Interior may authorize the incidental taking of small numbers of marine mammals in a specified geographic area if the Secretary finds, based on the best scientific evidence available, that the total taking for the authorized period will have no more than a negligible impact on the species or stock. If this finding is made, specific regulations will be established for the activities that describe permissible methods of taking; means of effecting the least practicable adverse impact on the species and its habitat; and requirements for monitoring and reporting. If the Secretary cannot make a finding that the total taking will have a negligible impact on the species or stock, the Secretary must publish the negative finding in the
We have defined the specified geographic area for the proposed rule to be the species' range within the State of Florida. Long-term studies suggest four regional populations of manatees in Florida—Northwest, Upper St. Johns River (from Palatka south), Atlantic (including the St. Johns River north of Palatka), and Southwest. Through this rule, we have defined these populations as stocks. We proposed a finding that the total expected takings of Florida manatee resulting from government activities related to watercraft and watercraft access facilities would have a negligible impact in the Upper St. Johns River and Northwest stocks and a negligible impact with the implementation of additional mitigating measures on the Atlantic Stock. For the Southwest Stock, the best available information indicates that these activities would have more than a negligible impact on the Stock and, therefore, we did not propose to authorize incidental take for this Stock (
We announced the date, time and location of the public hearings in Fort Myers, Tampa, Melbourne, Daytona Beach, Palatka and Gainesville, FL with the notice of the proposed rule. We stated that additional public hearings would be held at dates, times, and sites to be determined. This notice provides information regarding the additional hearing in Fort Lauderdale, FL.
Public hearings are designed to gather relevant information that the public may have that we should consider in our rule-making. During the hearing, we will present information about the proposed action. We invite the public to submit information and comments either at the hearings or in writing.
We may limit the time allotted for oral statements, if the number of people who wish to comment necessitates such a limitation. We encourage persons wishing to comment at the hearings to provide a written copy of their statement at the start of the hearing. There is no limit on the length of written comments. Persons may also send written comments to our office in the
Persons needing reasonable accommodations in order to attend and participate in the public hearing should contact Chuck Underwood of the North Florida Field Office (
The primary author of this notice is Pete Benjamin (
The authority for this action is the Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1361-1407).
Animal and Plant Health Inspection Service, USDA.
Notice of availability and request for comments.
We are advising the public that an environmental assessment has been prepared by the Animal and Plant Health Inspection Service relative to the control of Pacific mealybug,
We will consider all comments that we receive on or before December 30, 2002.
You may submit comments by postal mail/commercial delivery or by e-mail. If you use postal mail/commercial delivery, please send four copies of your comment (an original and three copies) to: Docket No. 02-087-1, Regulatory Analysis and Development, PPD, APHIS, Station 3C71, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state that your comment refers to Docket No. 02-087-1. If you use e-mail, address your comment to
You may read any comments that we receive on the environmental assessment in our reading room. The reading room is located in room 1141 of the USDA South Building, 14th Street and Independence Avenue SW., Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. To be sure someone is there to help you, please call (202) 690-2817 before coming.
APHIS documents published in the
Dr. Dale Meyerdirk, Agriculturalist, National Biological Control Institute, PPQ, APHIS, 4700 River Road Unit 135, Riverdale, MD 20737-1236; (301) 734-5220.
The Animal and Plant Health Inspection Service (APHIS), U.S. Department of Agriculture (USDA), is proposing to release nonindigenous species of parasitic wasps and predators in the continental United States and U.S. territories in the Caribbean to control Pacific mealybug,
• Encyrtid wasps in the genera
• A pteromalid wasp,
• Platygastrid wasps in the genus
• A lycaenid,
• A coccinellid,
Pacific mealybug is a foreign plant pest that attacks over 240 different species of plants, including both agricultural and ornamental plants. It has invaded areas in American Samoa, the U.S. Virgin Islands, and Mexico. This pest could enter the eastern United States from Mexico or from the Carribean or enter California from Mexico or from the Pacific. The purpose of the proposed release of biological control agents is to suppress Pacific mealybug infestations.
The preferred alternative, biological control, is proposed because it is the best alternative to resolve the problems imposed by Pacific mealybug on various hosts. APHIS will import these biological control agents from different locations around the world into USDA-certified insect quarantine facilities, where species identifications will be confirmed by USDA and State taxonomists and undesirable organisms such as hyperparasites will be screened out and properly eliminated. Laboratory colonies reared on Pacific mealybug will be established by USDA, State, and U.S. territory cooperators in areas invaded by the Pacific mealybug.
It is expected that the biological control agents will be introduced into areas where the Pacific mealybug occurs and reproduce naturally without further human intervention, and that the stingless wasps and predators will become established throughout the eventual geographical distribution of Pacific mealybug in the United States. The biological characteristics of the organisms under consideration preclude any possibility of harmful effects on human health.
APHIS’ review and analysis of the potential environmental impacts associated with releasing nonindigenous organisms into the environment are documented in detail in an environmental assessment entitled “Control of Pacific Mealybug,
You may request copies of the environmental assessment by calling or writing to the person listed under
The environmental assessment has been prepared in accordance with: (1) The National Environmental Policy Act
Food and Nutrition Service, USDA.
Notice.
In accordance with the Paperwork Reduction Act of 1995, this notice announces the intention of the Food and Nutrition Service to request Office of Management and Budget review of information collection activities related to the Child Nutrition Labeling Program.
Comments on this notice must be received by January 28, 2003 to be assured of consideration.
Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the Agency, including whether the information will have practical utility; (b) the accuracy of the Agency's estimate of the burden of the proposed collection of information including the validity of the methodology and assumptions used; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on those who are to respond, including use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. All responses to this notice will be summarized and included in the request for Office of Management and Budget approval and will become a matter of public record. Comments may be sent to: William Wagoner, Team Leader, Technical Assistance Section, Nutrition Promotion and Training Branch, Child Nutrition Division, room 632, Food and Nutrition Service, United States Department of Agriculture, 3101 Park Center Drive, Alexandria, VA 22302.
Requests for additional information or copies of the information collection instruments and instruction should be directed to William Wagoner at (703) 305-2609.
To participate in the Child Nutrition Labeling Program, industry submits product labels and formulations to the Food and Nutrition Service (FNS) that are in conformance with the Food Safety and Inspection Service (FSIS) label approval program for meat and poultry, or United States Department of Commerce (USDC) label approval program for seafood products. FNS reviews a manufacturer's product formulation to determine the contribution a serving of the product makes toward the food-based meal pattern requirements. The application form submitted to FNS is the same application that companies submit to FSIS or USDC to receive label approval. A CN label application is also reviewed by FNS for accuracy.
Forest Service, USDA.
Notice of intent to prepare an environmental impact statement.
The Department of Agriculture, Forest Service, will prepare an Environmental Impact Statement (EIS) on a proposal to harvest timber, to enhance recreational opportunities, to perform watershed restoration work, and to develop a road management plan for the Scott Peak Project Area on northeastern Kupreanof Island, on the Petersburg Ranger District, Tongass National Forest. The proposed action for timber harvest provides for multiple timber sale opportunities resulting in the production of approximately 16 million board feet (mmbf) of timber from approximately 680 acres of forested land. Since this project is within the Mitkof/Kupreanof Biogeographic province, all timber harvest silvicultural prescriptions will meet marten standards and guidelines as described in the Tongass Land and Resource Management Plan (Forest Plan). Approximately 3 miles of temporary road would be necessary for timber harvest; no classified road would be constructed. A range of alternatives responsive to significant issues is being developed and will include a no-action alternative. Currently the preliminary action alternatives propose timber harvest ranging from 3mmbf to 16 mmbf, with 0 to 3 miles of temporary road construction. The Record of Decision will disclose whether and where the Forest Supervisor has decided to provide timber harvest units, roads, associated timber harvesting facilities, dispersed recreation sites, and watershed improvements.
A public mailing that outlines the project timeline and public involvement opportunities is planned for distribution in Fall 2002. Individuals who want to receive this malign should contact us within 30 days of the publication of this NOI. To be most useful, comments concerning the scope of this project should be received by December 23, 2002. The draft Environmental Impact Statement is projected to be filed with the Environmental Protection Agency (EPA) in the winter of 2003 and will begin a 45-day public comment period. The Final Environmental Impact Statement and Record of Decision are anticipated to be published in the summer of 2003.
Please send written comments to the Petersburg Ranger District, Tongass National Forest, Attn: Scott Peak Project Area EIS, PO Box 1328, Petersburg, AK 99833. The FAX number is (907) 772-3871 or Cynthia Sever, Interdisciplinary Team Leader, Petersburg Ranger District, PO Box 1328, Petersburg, AK 99833; telephone (907) 772-3871.
The purpose and need for the Scott Peak Project is: (1) To implement the direction contained in the 1997 Tongass Land Management Plan and the 1997 ROD, including goals, objectives, management prescriptions, and standards and guidelines; (2) to maintain wood production from suitable timber lands, providing a continuous supply of wood to meet society's needs; (3) to help provide a stable supply of timber from the Tongass National Forest which meets existing and potential market demand and is consistent with sound multiple use and sustained yield objectives; and (4) to help meet the desired future condition of the landscape as described by the 1997 Tongass Land and Resource Management Plan.
Based on results of scoping and the resource capabilities within the project area, alternatives including a “no-action” alternative will be developed for the Draft Environmental Impact Statement. Subsistence hearings, as provided for in Title VIII, Section 810 of the Alaska National Interest Lands Conservation Act (ANILCA), will be provided, if necessary, during the comment period on the Draft Environmental Impact Statement.
The Forest Service believes, at this early stage, it is important to give reviewers notice of several court rulings related to public participation in the environmental review process. First, reviewers of Draft Environmental Impact Statements must structure their participation in the environmental review of the proposal so that it is meaningful and alerts an agency to the reviewer's position and contentions.
To assist the Forest Service in identifying and considering issues and concerns of the proposed action, comments during scoping and comments on the Draft Environmental Impact Statement should be as specific as possible. It is also helpful if comments refer to specific pages or chapters of the Draft Environmental Impact Statement. Comments may also address the adequacy of the Draft Environmental Impact Statement or the merits of the alternatives formulated and discussed in the statement. Reviewers may wish to refer to the Council on Environmental Quality Regulations for implementing the procedural provisions of the National Environmental Policy Act at 40 CFR 1503.3 in addressing these points. Comments received in response to this solicitation, including names and address of those who comment, will be considered part of the public record on this proposed action and will be available for public inspection. Comments submitted anonymously will be accepted and considered; however, those who submit anonymous comments will not have standing to appeal the subsequent decision under 36 CFR parts 215 or 217. Additionally, pursuant to 7 CFR 1.27(d), any person may request the agency to withhold a submission from the public record by showing how the Freedom of Information Act (FOIA) permits such confidentiality. Requesters should be aware that, under FOIA, confidentiality may be granted in only very limited circumstances, such as to protect trade secrets. The Forest Service will inform the requester of the agency's decision regarding the request for confidentiality, and where the request is denied, the agency will return the submission and notify the requester that the comments may be resubmitted with or without name and address within 7 days.
Forest Service, USDA.
Notice of meeting.
The Opal Creek Scenic Recreation Area Advisory Council is scheduled to meet on Saturday, December 7, 2002 for a field visit to the Opal Creek Scenic Recreation Area. The objectives of the field visit are to:
• Orient council members to different areas within the high and low intensity zones;
• Discuss monitoring planning and identify key resource indicators that need to be assessed for the monitoring plan;
• Provide an overview of transportation system maintenance levels, current condition, reasons for access, and management options to the lay groundwork for developing the transportation plan as required by law;
• Discuss law enforcement issues and implementing no shooting corridors.
The tour is scheduled to begin at 8:30 a.m., and will conclude at approximately 3:30 p.m. The tour will begin at the Oregon Department of Forestry Office at 22965 North Fork Road in Mehama, Oregon and make several stops throughout the Opal Creek SRA. The Opal Creek Wilderness and Opal Creek Scenic Recreation Area Act of 1996 (Opal Creek Act) (Pub. L. 104-208) directed the Secretary of Agriculture to establish the Opal Creek Scenic Recreation Area Advisory Council. The Advisory Council is comprised of thirteen members representing state, county and city governments, and representatives of various organizations, which include mining industry, environmental organizations, inholders in Opal Creek Scenic Recreation Area, economic development, Indian tribes, adjacent landowners and recreation interests. The council provides advice to the Secretary of Agriculture on preparation of a comprehensive Opal Creek Management Plan for SRA, and consults on a periodic and regular basis on the management of the area.
The public comment period will begin at 3:15 p.m. when the council reconvenes at the Oregon Department of Forestry Office. Time allotted for individual presentations will be limited to 3 minutes. Written comments are encouraged, particularly if the material cannot be presented within the time limits of the comment period. Written comments may be submitted prior to the December 7 meeting by sending them to Designated Federal Official Stephanie Phillips at the address given below. The public is welcome to attend the tour, however individuals must provide their own transportation throughout the tour and bring a lunch. Four-wheel drive is recommended.
For more information regarding this meeting, contact Designated Federal Official Gina Owens; Willamette National Forest, Detroit Ranger District, HC 73 Box, 320, Mill City, OR 97360; (503) 854-3366.
Forest Service, USDA.
Notice of Resource Advisory Committee meeting.
Pursuant to the authorities in the Federal Advisory Committee Act of 1972 (Pub. L. 92-463) and under the secure Rural Schools and Community Self-Determination Act of 2000 (Pub. L. 106-393) the Sierra National Forest's Resource Advisory Committee for Madera County will meet on Monday, December 16, 2002. The Madera Resource Advisory Committee will meet at the U.S.D.A. Forest Service Office, 57003 Road 225, North Fork, CA. The purpose of the meeting is update RAC committee outreach and RAC Proposal presentations.
The Madera Resource Advisory Committee meeting will be held Monday, December 16, 2002. The meeting will be held from 7 p.m. to 9 p.m.
The Madera County RAC meeting will be held at the U.S.D.A. Forest Service Office, 57003 Road 225, North Fork, CA.
Dave Martin, U.S.D.A., Sierra National Forest, 57003 Road 225, North Fork, CA 93643 (559) 877-2218 ext. 3100; e-mail:
Agenda items to be covered include: (1) Update RAC committee outreach, and (2) RAC Proposal presentations. The meeting is open to the public. Public input opportunity will be provided and individuals will have the opportunity to address the Committee at that time.
Committee for Purchase From People Who Are Blind or Severely Disabled.
Proposed collection; comment request.
The Committee for Purchase From People Who Are Blind or Severely Disabled has submitted an Information Collection Request to the Office of Management and Budget (OMB) for review and clearance under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). This notice solicits comments on requirement relating to the record keeping requirements of nonprofit agencies serving people who are blind or severely disabled.
Submit comments on or before December 30, 2002.
Written comments should be addressed to the Office of Information and Regulatory Affairs, Attention: Karen F. Lee, Desk Officer, Office of Management and Budget, 725 17th Street, NW., Room 10202, New Executive Office Building, Washington, DC 20503 or be electronically e-mailed to
The Committee imposes certain requirements on nonprofit agencies that participate in the Javits-Wagner-O'Day (JWOD) Program. The requirements being proposed are recordkeeping for specific product families and services sold under the JWOD Act. This is a change in current requirements that only require records be kept and reported in the aggregate, rather than by specific JWOD product family or service. If approved, recordkeeping shall reflect dollar sales of each product and service sold under the authority of JWOD Act, direct labor hours performed by all workers on each product and service sold under the JWOD Act, and files which document the disability and competitive employability of each worker counted toward the nonprofit agencies' ratio of disabled direct labor. Such records and files are required to ensure the effective administration of the JWOD Program and to ensure that nonprofit agencies seeking to participate in the Committee's program meet the requirements of 41 U.S.C. 46-48(c).
Committee for Purchase from People Who Are Blind or Severely Disabled.
Proposed additions to and deletions from procurement list.
The Committee is proposing to add to the Procurement List products to be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities, and to delete a product and a service previously furnished by such agencies.
December 29, 2002.
Committee for Purchase From People Who Are Blind or Severely Disabled, Jefferson Plaza 2, Suite 10800, 1421 Jefferson Davis Highway, Arlington, Virginia 22202-3259.
Sheryl D. Kennerly, (703) 603-7740.
This notice is published pursuant to 41 U.S.C 47(a)(2) and 41 CFR 51-2.3. Its purpose is to provide interested persons an opportunity to submit comments on the possible impact of the proposed actions.
If the Committee approves the proposed additions, the entities of the Federal Government identified in this notice for each product will be required to procure the products listed below from nonprofit agencies employing persons who are blind or have other severe disabilities. I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were:
1. If approved, the action will not result in any additional reporting, recordkeeping or other compliance requirements for small entities other than the small organizations that will furnish the products to the Government.
2. If approved, the action will result in authorizing small entities to furnish the products to the Government.
3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-Wagner-O'Day Act (41 U.S.C. 46-48c) in connection with the products proposed for addition to the Procurement List. Comments on this certification are invited.
Commenters should identify the statement(s) underlying the certification on which they are providing additional information.
The following products are proposed for addition to Procurement List for production by the nonprofit agencies listed:
I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were:
1. If approved, the action will not result in any additional reporting, recordkeeping or other compliance requirements for small entities other than the small organizations that will furnish the product and service to the Government.
2. If approved, the action will result in authorizing small entities to furnish the product and service to the Government.
3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-Wagner-O'Day Act (41 U.S.C. 46-48c) in connection with the product and service proposed for deletion from the Procurement List.
The following product and service are proposed for deletion from the Procurement List:
Committee for Purchase from People Who Are Blind or Severely Disabled.
Additions to procurement list.
This action adds to the Procurement List services to be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities.
December 29, 2002.
Committee for Purchase From People Who Are Blind or Severely Disabled, Jefferson Plaza 2, Suite 10800, 1421 Jefferson Davis Highway, Arlington, Virginia 22202-3259.
Sheryl D. Kennerly, (703) 603-7740.
On September 6, and October 4, 2002, the Committee for Purchase From People Who Are Blind or Severely Disabled published notice (67 FR 56981, and 62224) of proposed additions to the Procurement List.
Comments were received from the current contractor for this pest control service. The contractor indicated that loss of the contract would have a severe adverse impact on the company. The contractor also questioned whether pest control is suitable work for people with severe disabilities, and whether the designated nonprofit agency would be able to meet health and safety requirements for proper performance of the service.
In making its claim of severe adverse impact, the contractor provided figures showing that this contract represents a sizeable minority of the total sales of the company branch office which performs this work. The Committee, however, looks to total sales of the entire company when assessing the severity of impact on a contractor. The percentage of the company's total sales which this pest control service represents is far below the level which the Committee normally considers to constitute severe adverse impact on a contractor.
The contractor noted that there are numerous Federal and State rules applicable to this pest control service, and that the pests at the service location require a number of specialized tasks to control. The contractor stated that all of these tasks are currently being performed by licensed pest control technicians. The contractor also noted that nonprofit agencies performing grounds maintenance services under the Committee's program normally subcontract pest control to licensed and certified pest control firms.
Unlike the nonprofit agencies performing grounds maintenance services which the contractor noted, the nonprofit agency designated to perform this service has done pest control in its grounds maintenance services. This nonprofit agency will be licensed and certified to perform the pest control work needed in the pest control service now being added to the Procurement List. The nonprofit agency will meet all applicable certified staffing and other State and Federal requirements for pest control when it provides this service, as well as the requirements set forth in the Statement of Work for the pest control contract. The nonprofit agency already employs people with severe disabilities who are licensed to perform pest control work. Accordingly, the Committee does not agree with the contractor's contention that pest control work is not suitable for people with severe disabilities.
After consideration of the material presented to it concerning capability of qualified nonprofit agencies to provide the services and impact of the additions on the current or most recent contractors, the Committee has determined that the services listed below are suitable for procurement by the Federal Government under 41 U.S.C. 46-48c and 41 CFR 51-2.4.
I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were:
1. The action will not result in any additional reporting, recordkeeping or other compliance requirements for small entities other than the small organizations that will furnish the services to the Government.
2. The action will result in authorizing small entities to furnish the services to the Government.
3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-Wagner-O'Day Act (41 U.S.C. 46-48c) in connection with the services proposed for addition to the Procurement List.
Accordingly, the following services are added to the Procurement List:
This action does not affect current contracts awarded prior to the effective date of this addition or options that may be exercised under those contracts.
Extension of a currently approved collection, comment request.
The Department of Commerce (DoC) has submitted to the Office of Management and Budget (OMB) for clearance the following proposal for
The
Copies of the above information collection proposal can be obtained by calling or writing Diana Hynek, Departmental Paperwork Clearance Officer, (202) 482-0266, U.S. Department of Commerce, Room 6625, 14th and Constitution Avenue, NW., Washington, DC 20230, or via Internet at
Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to David Rostker, OMB Desk Officer, Room 10202, New Executive Office Building, Washington, DC 20503.
Economic Development Administration (EDA), Commerce.
To give all interested parties an opportunity to comment.
Petitions have been accepted for filing on the dates indicated from the firms listed below:
The petitions were submitted pursuant to Section 251 of the Trade Act of 1974 (19 U.S.C. 2341). Consequently, the United States Department of Commerce has initiated separate investigations to determine whether increased imports into the United States of articles like or directly competitive with those produced by each firm contributed importantly to total or partial separation of the firm's workers, or threat thereof, and to a decrease in sales or production of each petitioning firm.
Any party having a substantial interest in the proceedings may request a public hearing on the matter. A request for a hearing must be received by Trade Adjustment Assistance, Room 7315, Economic Development Administration, U.S. Department of Commerce, Washington, DC 20230, no later than the close of business of the tenth calendar day following the publication of this notice.
The Catalog of Federal Domestic Assistance official program number and title of the program under which these petitions are submitted is 11.313, Trade Adjustment Assistance.
Import Administration, International Trade Administration, Department of Commerce.
Notice of Final Determination of Sales at Less Than Fair Value.
November 29, 2002.
Crystal Crittenden or Mark Manning at (202) 482-0989 or (202) 482-5253, respectively; AD/CVD Enforcement, Office IV, Group II, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230.
Unless otherwise indicated, all citations to the statute are references to the provisions effective January 1, 1995, the effective date of the amendments made to the Tariff Act of 1930, as amended (the Act), by the Uruguay Round Agreements Act (URAA). In addition, unless otherwise indicated, all citations to the Department of Commerce's (the Department's) regulations refer to the regulations codified at 19 CFR part 351 (April 2002).
We determine that ferrovanadium from the Republic of South Africa (South Africa) is being sold, or is likely to be sold, in the United States at less than fair value (LTFV), as provided in section 735 of the Act. The estimated margins of sales at LTFV are shown in the
On June 25, 2002, the Department preliminarily determined that imports of ferrovanadium from South Africa are being, or are likely to be, sold in the United States at LTFV, as provided in section 733 of the Act.
On July 9, 2002, one of the respondents, Xstrata South Africa (Proprietary) Limited (Xstrata), timely filed an allegation that the Department made several ministerial errors in its preliminary determination. In addition, during July 2002, Xstrata and Highveld Steel and Vanadium Corporation, Ltd. (Highveld), the other respondent in this investigation, separately submitted letters refusing to allow the Department to verify their responses. On September 12, 2002, the Department found that the preliminary determination contained certain ministerial errors.
The scope of this investigation covers all ferrovanadium regardless of grade, chemistry, form, shape, or size. Ferrovanadium is an alloy of iron and vanadium that is used chiefly as an additive in the manufacture of steel. The merchandise is commercially and scientifically identified as vanadium. It specifically excludes vanadium additives other than ferrovanadium, such as nitride vanadium, vanadium-aluminum master alloys, vanadium chemicals, vanadium oxides, vanadium waste and scrap, and vanadium-bearing raw materials such as slag, boiler residues and fly ash. Merchandise under the following Harmonized Tariff Schedule of the United States (HTSUS) item numbers 2850.00.2000, 8112.40.3000, and 8112.40.6000 are specifically excluded. Ferrovanadium is classified under HTSUS item number 7202.92.00. Although the HTSUS item number is provided for convenience and Customs purposes, the Department's written description of the scope of this proceeding remains dispositive.
The POI is October 1, 2000, through September 30, 2001.
All issues raised in the case and rebuttal briefs by parties to this proceeding and to which we have responded are listed in the Appendix to this notice and addressed in the Memorandum from Bernard T. Carreau to Faryar Shirzad, Issues and Decision Memorandum for the Antidumping Duty Investigation of Ferrovanadium from the Republic of South Africa, (
We have assigned Highveld and Xstrata a margin based upon total adverse facts available because they refused to allow the Department to verify their responses. We are using as total adverse facts available the initiation rate of 116.00 percent, which is based on information contained in the petition. For a discussion of our application of total adverse facts available, see the
The Department was unable to verify the information placed on the record of this investigation by the respondents because they did not allow the Department to conduct sales and cost verifications. Therefore, rather than using the reported information which we could not verify to calculate margins for the respondents, as was done in the preliminary determination, we are basing the dumping margin for Highveld and Xstrata upon total adverse facts available.
Section 735(c)(5)(B) of the Act provides that, where the estimated weighted-average dumping margins established for all exporters and producers individually investigated are zero or
Pursuant to section 735(c)(1)(B) of the Act, we are instructing the U.S. Customs Service (Customs) to continue to suspend liquidation of all entries of ferrovanadium from South Africa that are entered, or withdrawn from warehouse, for consumption on or after July 8, 2002 (the date of publication of the
We determine that the following weighted-average percentage margins exist for the period October 1, 2000, through September 30, 2001:
In accordance with section 735(d) of the Act, we have notified the International Trade Commission (ITC) of our determination. As our final determination is affirmative, the ITC will determine, within 45 days, whether these imports are causing material injury, or threat of material injury, to an industry in the United States. If the ITC determines that material injury, or threat of injury, does not exist, the proceeding will be terminated and all securities posted will be refunded or canceled. If the ITC determines that such injury does exist, the Department will issue an antidumping order directing Customs officials to assess antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation.
This notice also serves as a reminder to parties subject to APO of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely notification of return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation.
This determination is issued and published in accordance with sections 735(d) and 777(i)(1) of the Act.
Import Administration, International Trade Administration, Department of Commerce.
Notice of Final Determination of Sales at Less Than Fair Value.
November 29, 2002.
Karine Gziryan or Howard Smith, AD/CVD Enforcement, Office 4, Group II, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, N.W., Washington, DC 20230; telephone: (202) 482-4081, and (202) 482-5193, respectively.
Unless otherwise indicated, all citations to the statute are references to the provisions effective January 1, 1995, the effective date of the amendments made to the Tariff Act of 1930, as amended (the Act), by the Uruguay Round Agreements Act (URAA). In addition, unless otherwise indicated, all citations to the Department of Commerce's regulations refer to the regulations codified at 19 CFR part 351 (April 2002).
We determine that ferrovanadium from the People's Republic of China (PRC) is being sold, or is likely to be sold, in the United States at less than fair value (LTFV), as provided in section 735 of the Act. The estimated margins of sales at LTFV are shown in the
On July 8, 2002, the Department of Commerce (the Department) published the preliminary determination of sales at less-than-fair-value in the antidumping duty investigation of ferrovanadium from the PRC.
On July 17, 2002, the respondent, Pangang Group International Economic and Trading Corporation (Pangang), reported for the first time that one of its affiliates for which it had not reported factors of production information had produced ferrovanadium during the period of investigation (POI). However, in its July 17 submission, Pangang noted that none of the ferrovanadium produced by this company was sold or exported to the United States during the POI. In response to Pangang's July 17 submission, on July 19, 2002, the Department issued a memorandum to the file noting that we require Pangang to report factors of production only from the factory or factories which produced ferrovanadium that was sold to customers in the United States during the POI.
During July 2002, the Department conducted a verification of Pangang's sales and factors of production information.
Parties filed case and rebuttal briefs on October 1 and October 7, 2002, respectively. Pursuant to the Department's instructions, the petitioners removed certain untimely filed factual information from their rebuttal brief and resubmitted it on November 12, 2002.
The scope of this investigation covers all ferrovanadium regardless of grade, chemistry, form, shape, or size. Ferrovanadium is an alloy of iron and vanadium that is used chiefly as an additive in the manufacture of steel. The merchandise is commercially and scientifically identified as vanadium. It specifically excludes vanadium additives other than ferrovanadium, such as nitride vanadium, vanadium-aluminum master alloys, vanadium chemicals, vanadium oxides, vanadium waste and scrap, and vanadium-bearing raw materials such as slag, boiler residues and fly ash. Merchandise under the following Harmonized Tariff Schedule of the United States (HTSUS) item numbers 2850.00.2000, 8112.40.3000, and 8112.40.6000 are specifically excluded. Ferrovanadium is classified under HTSUS item number 7202.92.00. Although the HTSUS item number is provided for convenience and Customs purposes, the Department's written description of the scope of this investigation remains dispositive.
The POI is April 1, 2001, through September 30, 2001.
All issues raised in the case and rebuttal briefs by parties to this proceeding and to which we have responded are listed in the Appendix to this notice and addressed in the Memorandum from Holly A. Kuga to Bernard T. Carreau, “Issues and Decision Memorandum for the Antidumping Duty Investigation of Ferrovanadium from the People's Republic of China,” dated concurrently with this notice (
The Department has treated the PRC as a non-market economy (NME) country in all its past antidumping investigations.
In our Preliminary Determination, we found that the only responding company, Pangang, met the criteria for the application of separate, company-specific antidumping duty rates. We have not received any other information since the preliminary determination which would warrant reconsideration of our separates rates determination with respect to this company. For a complete discussion of the Department's determination that the respondent is entitled to a separate rate,
In the
When analyzing the petition for purposes of the initiation, the Department reviewed all of the data upon which the petitioners relied in calculating the estimated dumping margin and determined that the margin in the petition was appropriately calculated and supported by adequate evidence in accordance with the statutory requirements for initiation. In order to corroborate the petition margin for purposes of using it as adverse facts available, we examined the price and cost information provided in the petition in the context of our preliminary determination. For further details,
Since the preliminary determination, we have obtained new information regarding several surrogate values. In order to take into account the more recent information, we recalculated the petition margin using, where possible, revised surrogate values to value the petitioners' consumption rates. As a result of this recalculation, the PRC-wide rate is, for the final determination, 66.71 percent.
For purposes of the final determination, we continue to find that South Africa remains the appropriate surrogate country for the PRC. We received comments from the petitioners in their brief, which are discussed in the accompanying
As provided in section 782(i) of the Act, we verified the information submitted by the respondent for use in our final determination. We used standard verification procedures including examination of relevant accounting and production records, and original source documents provided by the respondents. For changes from the Preliminary Determination as a result of verification,
Based on our findings at verification and on our analysis of the comments received, we have made adjustments to the calculation methodologies used in the preliminary determination. These adjustments are listed below and discussed in detail in the (1) Decision Memorandum, (2) Memorandum from the Team to the File, “Final Factors of Production Valuation Memorandum,” dated November 20, 2002, and (3) Memorandum from the Team to the File, “Calculation Memorandum for the Final Determination,” dated November 20, 2002.
In accordance with section 735(c)(1)(B)(ii) of the Act, we are directing the Customs Service to continue suspension liquidation of entries of subject merchandise from the PRC that are entered, or withdrawn from warehouse, for consumption on or after July 8, 2002 (the date of publication of the Preliminary Determination in the
We determine that the following weighted-average percentage margins exist for the period April 1, 2001, through September 30, 2001:
The PRC-wide rate applies to all entries of the subject merchandise except for entries from Pangang.
In accordance with section 735(d) of the Act, we have notified the International Trade Commission (ITC) of our determination. As our final determination is affirmative, the ITC will determine, within 45 days, whether these imports are materially injuring, or threaten material injury to, the U.S. industry. If the ITC determines that material injury, or threat of material injury does not exist, the proceeding will be terminated and all securities posted will be refunded or canceled. If the ITC determines that such injury does exist, the Department will issue an antidumping duty order directing Customs officials to assess antidumping duties on all imports of subject merchandise entered for consumption on or after the effective date of the suspension of liquidation.
This notice also serves as a reminder to parties subject to APO of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely notification of return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation.
This determination is issued and published in accordance with sections 735(d) and 777(i)(1) of the Act
Notice.
The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3504(c)(2)(A)).
Written comments must be submitted on or before January 28, 2003.
Requests for additional information or copies of the information collection instrument and instructions should be directed to Terrell Vanderah, NIST, 100 Bureau Drive, Stop 8520, Gaithersburg, MD 20899, tel. (301) 975 5785, or
The purpose of this collection is to gather information needed for the SURF (Summer Undergraduate Research Fellowship) Program. The information will be provided by student applicants and will be described in the Proposal Review Process and Evaluation Criteria sections of the
The Student Applicant Information Form is in paper form.
Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they will also become a matter of public record.
Committee for the Implementation of Textile Agreements (CITA).
Publishing the Third 12-Month Cap on Duty-and Quota-Free Benefits.
October 1, 2002.
Anna Flaaten, International Trade Specialist, Office of Textiles and Apparel, U.S. Department of Commerce, (202) 482-3400.
Title I, Section 112(b)(3) of the Trade and Development Act of 2000, Section 3108 of the Trade Act of 2002; Presidential Proclamation 7350 of October 4, 2000 (65 FR 59321); Presidential Proclamation 7626 of November 13, 2002, 67 FR 69459).
Title I of the Trade and Development Act of 2000 (TDA 2000) provides for duty-and quota-free treatment for certain textile and apparel articles imported from designated beneficiary sub-Saharan African countries. Section 112(b)(3) of TDA 2000 provides duty-and quota-free treatment for apparel articles wholly assembled in one or more beneficiary sub-Saharan African countries from fabric wholly formed in one or more beneficiary countries from yarn originating in the United States or one or more beneficiary countries. This preferential treatment is also available for apparel articles assembled in one or more lesser developed beneficiary sub-Saharan African countries, regardless of the country of origin of the fabric used to make such articles. This special rule for lesser developed countries applies through September 30, 2004. TDA 2000 imposed a quantitative limitation on imports eligible for preferential treatment under these two provisions.
The Trade Act of 2002 amended TDA 2000 to extend preferential treatment to apparel assembled in a beneficiary sub-Saharan African country from components knit-to-shape in a beneficiary country from U.S. or beneficiary country yarns and to apparel formed on seamless knitting machines in a beneficiary country from U.S. or beneficiary country yarns, subject to the quantitative limitation. The Trade Act of 2002 also increased the quantitative limitation but provided that this increase would not apply to apparel imported under the special rule for lesser developed countries. The Trade Act of 2002 provides that the quantitative limitation for the year beginning October 1, 2002 will be an amount not to exceed 4.2414 percent of the aggregate square meter equivalents of all apparel articles imported into the United States in the preceding 12-month period for which data are available. Of this overall amount, apparel imported under the special rule for lesser developed countries is limited to an amount not to exceed 2.0714 percent of apparel imported into the United States in the preceding 12-month period. For the purpose of this notice, the most recent 12-month period for which data are available is the 12-month period ending July 31, 2002.
Presidential Proclamation 7350 directed CITA to publish the aggregate quantity of imports allowed during each 12-month period in the Federal Register. Presidential Proclamation 7626, published on November 18, 2002, modified the aggregate quantity of imports allowed during each 12-month period.
For the one-year period, beginning on October 1, 2002, and extending through September 30, 2003, the aggregate quantity of imports eligible for preferential treatment under these provisions is 735,905,928 square meter equivalents. Of this amount, 359,399,147 square meter equivalents is available to apparel imported under the special rule for lesser developed countries. These quantities will be recalculated for each subsequent year. Apparel articles entered in excess of these quantities will be subject to otherwise applicable tariffs.
These quantities are calculated using the aggregate square meter equivalents of all apparel articles imported into the United States, derived from the set of Harmonized System lines listed in the Annex to the World Trade Organization Agreement on Textiles and Clothing (ATC), and the conversion factors for units of measure into square meter equivalents used by the United States in implementing the ATC.
Corporation for National and Community Service.
Notice.
The Corporation for National and Community Service (hereinafter the “Corporation”) has submitted the following public information collection request (ICR) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995 (Public Law 104-13, (44 U.S.C. chapter 35). Copies of these individual ICRs, with applicable supporting documentation, may be obtained by calling the Corporation for National and Community Service, Nancy Talbot, Director, Planning and Program Development, (202) 606-5000, extension 470. Individuals who use a telecommunications device for the deaf (TTY-TDD) may call (202) 565-2799 between 8:30 a.m. and 5 p.m. Eastern time, Monday through Friday.
Comments should be sent to the Office of Information and Regulatory Affairs, Attn: Ms., Brenda Aguilar, OMB Desk Officer for the Corporation for National and Community Service, Office of Management and Budget, Room 10235, Washington, DC 20503, (202) 395-6929, within 30 days from the date of this publication in the
The OMB is particularly interested in comments which:
• Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the Corporation, including whether the information will have practical utility;
• Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
• Propose ways to enhance the quality, utility and clarity of the information to be collected; and
• Propose ways to minimize the burden of the collection of information to those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology,
The Corporation seeks public comment on the forms, the instructions and forms, and the instructions for the narrative portion of the following application instructions.
Corporation for National and Community Service.
Office of the Under Secretary of Defense for Acquisition, Technology, and Logistics, Department of Defense.
Notice.
In compliance with section 35006(c)(2)(A) of the Paperwork Reduction Act of 1995, the Under Secretary of Defense for Acquisition, Technology, and Logistics announces the proposed extension of a public information collection and seeks public comment on the provisions thereof. Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of DoD's estimate of the burden of the proposed information collection; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the information collection on respondents, including through the use of automated collection techniques or forms of information technology.
Consideration will be given to all comments received by January 28, 2003.
Written comments and recommendations on the proposed information collection should be sent to the Defense Standardization Program Office (DSPO), Defense Logistics Agency, J-307, Attention: Ms. Karen Bond, 8725 John J. Kingman Road, STOP 6233, Fort Belvoir, VA 22060-6221; telephone: (703) 767-6871.
To request more information on this proposed information collection or to obtain a copy of the proposal and associated collection instruments, please contact the Defense Standardization Program Office (DSPO) at (703) 767-6871.
Notice: The Acquisition Management Systems and Data Requirements Control List (AMSDL) will be canceled once reference to it has been removed from the Defense Federal Acquisition Regulation. The data item descriptions listed in the AMSDL will be listed in the Department of Defense Index of Specifications and Standards (DoDISS). The extension of this information collection will be revised when the AMSDL has been canceled.
The Acquisition Management Systems and Data Requirements Control List (AMSDL) is a list of data requirements used in Department of Defense contracts. Information collection requests are contained in DoD contract actions for supplies, services, hardware, and software. This information is collected and used by DoD and its component Military Departments and Agencies to support the design, test, manufacture, training, operation, maintenance, and logistical support of procured items, including weapons systems. The collection of such data is essential to accomplishing the assigned mission of the Department of Defense. Failure to collect this information would have a detrimental effect on the DoD acquisition programs and the National Security.
Department of Defense
Notice of Advisory Committee Meetings.
The Defense Science Board Task Force on DoD Roles and Missions in Homeland Security will meet in closed session on January 7-;8, 2003; February 19-20, 2003, March 29-20, 2003; April 22-23, 2003; May 28-29, 2003; June 24-25, 2003; and July 16-17, 2003, at Strategic Analysis Inc., 3601 Wilson boulevard, Arlington, VA. The Task Force will review the Department of Defense (DoD) roles and missions in Homeland Security.
The mission of the Defense Science Board is to advise the Secretary of Defense and the Under Secretary of Defense for Acquisition, Technology & Logistics on scientific and technical matters as they affect the perceived needs of the Department of Defense. At these meetings, the Task Force will address: the definition of “Homeland Security” and the specific roles and missions DoD will be responsible for accomplishing; the prioritized goals for these DoD roles and missions in a national security emergency; the DoD strategy and plans for the employment of National Guard and Reserve forces capabilities to participate in Homeland Security and also respond to warfighting demands overseas; the other primary Federal agencies and the evolving new Department of Homeland Security with which DoD must develop an integrated security strategy, planning function and operational capabilities and inter-agency processes that need to be put in place; the known and many unknown vulnerabilities to DoD force projection and how projections issues and responsibilities will be addressed in the larger context of Homeland Security; and the classes of technologies and systems that DoD should have the lead in developing and fielding which have applications for homeland security as well.
In accordance with section 10(d) of the Federal Advisory Committee Act, Pub. L. 92-463, as amended (5 U.S.C. App. II), it has been determined that these Defense Science Board Task Force meetings concern matters listed in 5 U.S.C. 552b(c)(1) and that, accordingly, these meetings will be closed to the public.
Department of Defense.
Notice of Advisory Committee Meeting.
The Defense Science Board Task Force on Unexploded Ordnance (UXO) will meet in closed session on January 22-23, 2003, February 12-13, 2003, and March 12-13, 2003, at SAIC Inc., 4001 N. Fairfax Street, Arlington, VA. This Task Force will review modern technology that can be exploited or developed to reduce the extremely high cost of UXO clean up.
The mission of the Defense Science Board is to advise the Secretary of Defense and the Under Secretary of Defense for Acquisition, Technology & Logistics on scientific and technical matters as they affect the perceived needs of the Department of Defense. At these meetings, the Defense Science Board Task Force will review and evaluate the Department's ability to exploit modern technology to reduce the extremely high cost of UXO clean up and improve its effectiveness for both contaminated land and water ranges and help accomplish the job in a reasonable time; and science and technologies that can be developed to support and sustain continued live fire training and testing of munitions at ranges across the United States with an acceptable environmental impact.
In accordance with Section 10(d) of the Federal Advisory Committee Act, Pub. L. No. 92-463, as amended (5 U.S.C. App. II), it has been determined that this Defense Science Board Task Force meeting concerns matters listed in 5 U.S.C. 552b(c)(1) and that, accordingly, these meetings will be closed to the public.
Department of Defense.
Notice of Advisory Committee Meetings.
The Defense Science Board Task Force on Joint Experimentation will meet in closed session on December 2-3, 2002, and December 18, 2002, at Strategic Analysis Inc., 3601 Wilson Boulevard, Arlington, VA. This Task Force will examine joint experimentation programs and activities and will recommend ways to enhance the contributions of joint experimentation to transformation.
The mission of the Defense Science Board is to advise the Secretary of Defense and the Under Secretary of Defense for Acquisition, Technology & Logistics on scientific and technical matters as they affect the perceived needs of the Department of Defense. At these meetings, the Defense Science Board Task Force will review the Joint Forces Command's program of joint experimentation and recommend steps to enhance its value by examining the goals, process and substance of the experimentation program, to include: creating an environment that fosters innovation and learning; collecting, analyzing, interpreting, vetting and disseminating data; engaging the Services, other Commands, key U.S. government agencies and allies; and developing and using models, simulations and other tools. In addition, the Task Force will review the recently completed Millennium Challenge 02 to identify insights and opportunities that may not have been focused on by those closer to the activity.
In accordance with Section 10(d) of the Federal Advisory Committee Act, Pub. L. No. 92-463, as amended (5 U.S.C. App. II), it has been determined that these Defense Science Board Task Force meetings concern matters listed in 5 U.S.C. 552b(c)(1) and that, accordingly, these meetings will be closed to the public.
Due to critical mission requirements and the short timeframe to accomplish this review, there is insufficient time to provide timely notice required by Section 10(a)(2) of the Federal Advisory Committee Act and Subsection 101-6.1015(b) of the GSA Final Rule on Federal Advisory Committee Management, 41 CFR part 101-6, which further requires publication at least 15 calendar days prior to the first meeting of the Task Force on Joint Experimentation.
Department of Defense.
Notice of Advisory Committee Meeting Date Change.
On Friday, October 11, 2002 (67 FR 63388), the Department of Defense announced a closed meeting of the Defense Science Board Task Force on Discriminant Use of Force. The meeting previously scheduled for December 3-4, 2002, has been rescheduled, to December 11, 2002. The meeting will be held at SAIC, 4001 N. Fairfax Drive, Arlington, VA.
Department of Defense.
Notice.
Pursuant to Section 10(a), Public Law 92-463, as amended, notice is hereby given of a forthcoming meeting of the Defense Department Advisory Committee on Women in the Services (DACOWITS). The purpose of the Committee meeting is to provide training to the incoming FY 2003 Committee members. The meetings is open to the public, subject to the availability of space, except for a small portion that is for administrative purposes only and is therefore not open to the public.
Interested persons may submit a written statement for consideration by the Committee and make an oral presentation of such. Persons desiring to make an oral presentation or submit a written statement to the Committee must notify the point of contact listed below no later than noon, December 2, 2002. Oral presentations by members of
December 3, 2002, 8:30 a.m.-10 a.m., and 2 p.m.-5:05 p.m.; December 4, 2002, 8:30 a.m.-5 p.m.; December 5, 2002, 8:30 a.m.-4:35 p.m.; December 6, 2002, 8:30 a.m.-4:30 p.m.
Courtyard Marriott, 2899 Jefferson Davis Hwy, Arlington, VA 22202.
Lieutentant Commander Shannon Thaeler, USN, DACOWITS, OASD (Force Management Policy), 4000 Defense Pentagon, Room 3D769, Washington, DC 20301-4000. Telephone (703) 697-2122.
Meeting agenda:
Office of the Secretary, DoD.
Notice to alter and delete a system of records.
The Defense Security Service (DSS) is transferring a system of records to the Defense Human Resources Activity, Office of the Secretary of Defense (OSD). The system of records is identified as V5-06, entitled ‘Security Research Center Research Files’.
Before being transferred, the system of records is being altered to add a new purpose (conducting personnel security pilot test projects); a new category of records (security clearance and adjudication action information, personnel security continuing evaluation measures; background investigation reports); and adds a (k)(5) exemption to protect the identity of confidential sources. The system of records will be known as DHRA 02, entitled ‘PERSEREC Research Files’.
The changes will be effective on December 30, 2002, unless comments are received that would result in a contrary determination.
Send comments to OSD Privacy Act Coordinator, Directives and Records Branch, Washington Headquarters Services, 1155 Defense Pentagon, Washington, DC 20301-1155.
Mr. David Bosworth at (703) 601-4728.
The Office of the Secretary of Defense notices for systems of records subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended, have been published in the
The proposed system report, as required by 5 U.S.C. 552a(r) of the Privacy Act of 1974, as amended, was submitted on November 13, 2002, to the House Committee on Government Reform, the Senate Committee on Governmental Affairs, and the Office of Management and Budget (OMB) pursuant to paragraph 4c of Appendix I to OMB Circular No. A-130, ‘Federal Agency Responsibilities for Maintaining Records About Individuals,’ dated February 8, 1996 (February 20, 1996, 61 FR 6427).
Security Research Center Research Files (June 1, 1999, 64 FR 29281).
The responsibility for this system of records is being transferred to the Defense Human Resources Activity (DHRA), Office of the Secretary of Defense. The system of records will be known as DHRA 02, entitled ‘PERSEREC Research Files’.
PERSEREC Research Files.
Add to entry ‘security clearance and adjudication action information; personnel security continuing evaluation measures; background investigation reports’.
Add to entry ‘; and (6) conducting personnel security pilot test projects.’
Delete entry and replace with ‘Investigative material compiled solely for the purpose of determining suitability, eligibility, or qualifications for federal civilian employment, military service, federal contracts, or access to classified information may be exempt pursuant to 5 U.S.C. 552a(k)(5), but only to the extent that such material would reveal the identity of a confidential source.
An exemption rule for this system has been promulgated in accordance with requirements of 5 U.S.C. 553(b)(1), (2), and (3), (c) and (e) published in 32 CFR part 311. For additional information contact the system manager.'
PERSEREC Research Files.
Defense Personnel Security Research and Education Center, 99 Pacific Street, Building 455E, Monterey, CA 93940-2481; Defense Manpower Data Center, 400 Gigling Road, Seaside, CA 93955-6771; and Data Center, Naval Postgraduate School, Monterey, CA 93943.
Present and former Department of Defense (DoD) civilian employees, military members, and DoD contractor employees who have had or applied for security clearances.
Lists of cleared individuals and their security clearance and adjudication action information; data derived from: DD Forms 1879, 398 and 398-2; Standard Forms 85 and 86; and credit, criminal history and other database and sources checked during the course of background investigations and/or personnel security continuing evaluation measures; background investigation reports; and responses from personnel security-related interviews and questionnaires.
E.O. 12968, Access to Classified Information; 50 U.S.C. 781-887, Internal Security Act of 1950; E.O. 9397 (SSN); E.O. 10450, Security Requirements for Government Employment; E.O. 10865, Safeguarding Classified Information Within Industry; E.O. 12333, United States Intelligence Activities; E.O. 12958, Classified National Security Information; 5 U.S.C. 9101, Access to Criminal History Information for National Security and Other Purposes; and 5 U.S.C. 301, Departmental Regulations, which authorizes DoD Directive 5200.2-R, DoD Personnel Security Program Regulation.
To perform research, development, and analyses for (1) evaluating and improving DoD personnel security procedures, programs, and policies; (2) assisting in providing training, instruction, and advice on personnel security subjects for DoD Components; (3) encouraging cooperative research within and among DoD Components on projects having DoD-wide implications in order to avoid duplication; (4) addressing items of special interest to personnel security officials within DoD Components; and (5) identifying areas in the personnel security field that warrant more intense scrutiny; and (6) conducting personnel security pilot test projects.
In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, these records or information contained therein may specifically be disclosed outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
To Federal, State, and local government agencies, if necessary, to obtain information from them, which will assist PERSEREC in identifying areas in the personnel security field that may warrant more training, instruction, research, or intense scrutiny. This would typically involve obtaining nationwide statistical data or relevant information at the unit or individual level on a specific security issue (
The DoD ‘Blanket Routine Uses’ set forth at the beginning of the OSD compilation of systems of records notices apply to this system.
Maintained on paper, computer and computer output products, and in microform.
Records may be retrieved by name or Social Security Number.
Records are stored under lock and key, in secure containers, or on electronic media with intrusion safeguards.
Disposition pending (until NARA disposition is approved, treat as permanent).
Director, Defense Personnel Security Research and Education Center, 99 Pacific Street, Building 455E, Monterey, CA 93940-2481.
Individuals seeking to determine whether information about themselves is contained in this system should address written inquiries to the Director, Defense Personnel Security Research and Education Center, 99 Pacific Street, Building 455E, Monterey, CA 93940-2481.
The individual should provide sufficient proof of identity such as full name, Social Security Number, date and place of birth, military, contractor, or civilian status while associated with the Department of Defense, places and dates of DoD or contractor employment, and other information verifiable from the record itself.
Individuals seeking access to information about themselves contained in this system of record should address written inquires to the Director, Defense Personnel Security Research and Education Center, 99 Pacific Street, Building 455E, Monterey, CA 93940-2481.
The individual should provide sufficient proof of identity such as full name, Social Security Number, date and place of birth, military, contractor, or civilian status while associated with the Department of Defense, places and dates of DoD or contractor employment, and other information verifiable from the record itself.
The OSD rules for accessing records, for contesting contents and appealing initial agency determinations are published in OSD Administrative Instruction 81; 32 CFR part 311; or may be obtained from the system manager.
Information is obtained from the Defense Clearance and Investigative Index, military records, DoD civilian employment and military personnel records, Defense Security Service records, records of the Departments of
Investigative material compiled solely for the purpose of determining suitability, eligibility, or qualifications for federal civilian employment, military service, federal contracts, or access to classified information may be exempt pursuant to 5 U.S.C. 552a(k)(5), but only to the extent that such material would reveal the identity of a confidential source.
An exemption rule for this system has been promulgated in accordance with requirements of 5 U.S.C. 553(b)(1), (2), and (3), (c) and (e) published in 32 CFR part 311. For additional information contact the system manager.
Office of the Secretary, DoD.
Notice to Alter Systems of Records.
The Office of the Secretary of Defense proposes to alter two systems of records notices in its inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended. The alteration consists of adding exemptions to two existing systems of records.
The changes will be effective on December 30, 2002 unless comments are received that would result in a contrary determination.
Send comments to OSD Privacy Act Coordinator, Records Management Section, Washington Headquarters Services, 1155 Defense Pentagon, Washington, DC 20301-1155.
Mr. David Bosworth at (703) 601-4728.
The Office of the Secretary of Defense notices for systems of records subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended, have been published in the
The proposed systems reports, as required by 5 U.S.C. 552a(r) of the Privacy Act of 1974, as amended, were submitted on November 13, 2002, to the House Committee on Government Reform, the Senate Committee on Governmental Affairs, and the Office of Management and Budget (OMB) pursuant to paragraph 4c of Appendix I to OMB Circular No. A-130, ‘Federal Agency Responsibilities for Maintaining Records About Individuals,’ dated February 8, 1996 (February 20, 1996, 61 FR 6427).
Freedom of Information Program Case Files (February 22, 1993, 58 FR 10227).
Delete entry and replace with ‘DFOISR 05'.
Delete entry and replace with ‘Freedom of Information Act Case Files’.
Delete entry and replace with ‘Directorate, Freedom of Information and Security Review, Washington Headquarters Services, 1155 Defense Pentagon, Washington, DC 20301-1155.’
Delete entry and replace with ‘All individuals who submit Freedom of Information Act (FOIA) requests and administrative appeals to the Office of the Secretary of Defense, the Joint Staff, and other activities receiving administrative FOIA support from Washington Headquarters Services (WHS); individuals whose FOIA requests and/or records have been referred by other Federal agencies to the WHS for release to the requester; attorneys representing individuals submitting such requests and appeals, individuals who are the subjects of such requests and appeals, and/or the WHS personnel assigned to handle such requests and appeals.’
Delete entry and replace with ‘Records created or compiled in response to FOIA requests and administrative appeals,
Delete entry and replace with ‘Information is being collected and maintained for the purpose of processing FOIA requests and administrative appeals; for participating in litigation regarding agency action on such requests and appeals; and for assisting the Department of Defense in carrying out any other responsibilities under the FOIA.’
Delete entry and replace with ‘Retrieved by name, subject matter, date of document, and request number.’
Delete entry and replace with ‘Paper records that are granted are destroyed 2 years after the date of reply. Paper records that are denied in whole or part, no records responses, responses to requesters who do not adequately describe records being sought, do not state a willingness to pay fees, and records which are appealed or litigated are destroyed 6 years after final action. Electronic records are deleted when no longer needed to support Directorate business needs.’
Delete entry and replace with ‘During the course of a FOIA action, exempt materials from other systems of records may in turn become part of the case records in this system. To the extent that copies of exempt records from those ‘other’ systems of records are entered into this FOIA case record, Washington Headquarters Services hereby claims the same exemptions for the records from those ‘other’ systems that are entered into this system, as claimed for the original primary systems of records which they are a part.
An exemption rule for this system has been promulgated in accordance with requirements of 5 U.S.C. 553(b)(1), (2), and (3), (c) and (e) and published in 32 CFR part 311. For additional information contact the system manager.’
Freedom of Information Act Case Files.
Directorate, Freedom of Information and Security Review, Washington Headquarters Services, 1155 Defense Pentagon, Washington, DC 20301-1155.
All individuals who submit Freedom of Information Act (FOIA) requests and administrative appeals to the Office of the Secretary of Defense, the Joint Staff, and other activities receiving administrative FOIA support from Washington Headquarters Services (WHS); individuals whose FOIA requests and/or records have been referred by other Federal agencies to the WHS for release to the requester; attorneys representing individuals submitting such requests and appeals, individuals who are the subjects of such requests and appeals, and/or the WHS personnel assigned to handle such requests and appeals.
Records created or compiled in response to FOIA requests and administrative appeals,
5 U.S.C. 301, Departmental Regulations and 5 U.S.C. 552, The Freedom of Information Act, as amended; and DoD 5400.7-R, DoD Freedom of Information Act Program.
Information is being collected and maintained for the purpose of processing FOIA requests and administrative appeals; for participating in litigation regarding agency action on such requests and appeals; and for assisting the Department of Defense in carrying out any other responsibilities under the FOIA.
Routine uses of records maintained in the system, including categories of users and the purposes of such uses:
In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, these records or information contained therein may specifically be disclosed outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
The DoD ‘Blanket Routine Uses’ set forth at the beginning of OSD's compilation of systems of records notices apply to this system.
Computer magnetic disks, computer database, optical disk, and paper records in file folders.
Retrieved by name, subject matter, date of document, and request number.
Paper records are maintained in security containers with access only to officials whose access is based on requirements of assigned duties. Computer databases are password protected and accessed by individuals who have a need-to-know.
Paper records that are granted are destroyed 2 years after the date of reply. Paper records that are denied in whole or part, no records responses, responses to requesters who do not adequately describe records being sought, or do not state a willingness to pay fees, and records which are appealed or litigated are destroyed 6 years after final action. Electronic records are deleted when no longer needed to support Directorate business needs.
Director, Freedom of Information and Security Review, Washington Headquarters Services, 1155 Defense Pentagon, Washington, DC 20301-1155.
Individuals seeking to determine whether information about themselves is contained in this system of records should address written inquiries to the Director, Freedom of Information and Security Review, Washington Headquarters Services, 1155 Defense Pentagon, Washington, DC 20301-1155.
Written requests for information should include the full name of the individual.
Individuals seeking access to information about themselves contained in this system of records should address written inquiries to Director, Freedom of Information and Security Review, Washington Headquarters Services, 1155 Defense Pentagon, Washington, DC 20301-1155.
Written requests for information should include the full name of the individual.
For personal visits to examine records, the individual should provide a form of picture identification,
The OSD rules for accessing records, for contesting contents and appealing initial agency determinations are published in OSD Administrative Instruction 81; 32 CFR part 311; or may be obtained from the system manager.
Those individuals who submit initial requests and administrative appeals pursuant to the FOIA, the agency records searched in the process of responding to such requests and appeals; Department of Defense personnel assigned to handle such requests and appeals; other agencies or entities that have referred to the Department of Defense requests concerning Department of Defense records, or that have consulted with the Department of Defense regarding the handling of particular requests; and submitters of records or information that have provided assistance to the Department of Defense in making FOIA access determinations.
During the course of a FOIA action, exempt materials from other systems of records may in turn become part of the case records in this system. To the extent that copies of exempt records from those ‘other’ systems of records are entered into this FOIA case record, Washington Headquarters Services hereby claims the same exemptions for the records from those ‘other’ systems that are entered into this system, as claimed for the original primary systems of records which they are a part.
An exemption rule for this system has been promulgated in accordance with requirements of 5 U.S.C. 553(b)(1), (2), and (3), (c), and (e) and published in 32 CFR part 311. For additional information contact the system manager.'
Privacy Act Request for Access Files (February 22, 1993, 58 FR 10227).
Delete entry and replace with ‘DFOISR 10’.
Delete ‘Request for Access’ and replace with ‘Case'.
Delete entry and replace with ‘All individuals who submit Privacy Act
Delete entry and replace with ‘Records created or compiled in response to Privacy Act requests and administrative appeals,
Delete entry and replace with ‘Information is being collected and maintained for the purpose of processing Privacy Act requests and administrative appeals; for participating in litigation regarding agency action on such requests and appeals; and for assisting the Department of Defense in carrying out any other responsibilities under the Privacy Act of 1974.’
Delete current entry and replace with ‘Computer database, optical disk and paper records in file folders.’
Delete entry and replace with ‘Retrieved by name and/or request number.’
Delete entry and replace with ‘Paper records that are granted are destroyed 2 years after the date of reply. Paper records that are denied in whole or part, no record responses, responses to requesters who do not adequately describe records being sought and records that are appealed or litigated are destroyed 6 years after final action. Electronic records are deleted when no longer needed to support Directorate business needs.’
Delete entry and replace with ‘During the course of a Privacy Act (PA) action, exempt materials from other systems of records may become part of the case records in this system of records. To the extent that copies of exempt records from those ‘other’ systems of records are entered into these PA case records, Washington Headquarters Services hereby claims the same exemptions for the records as they have in the original primary systems of records which they are a part.
An exemption rule for this system has been promulgated in accordance with requirements of 5 U.S.C. 553(b)(1), (2), and (3), (c) and (e) and published in 32 CFR part 311. For additional information contact the system manager.'
Privacy Act Case Files.
Directorate for Freedom of Information and Security Review, Washington Headquarters Services, 1155 Defense Pentagon, Washington, DC 20301-1155.
All individuals who submit Privacy Act requests and administrative appeals to the Washington Headquarters Services (WHS), the Joint Staff, and other activities receiving administrative support from WHS; individuals whose requests and/or records have been referred by other Federal agencies to WHS for release to the requester; attorneys representing individuals submitting such requests and appeals, individuals who are the subjects of such requests and appeals, and WHS personnel assigned to handle such requests and appeals.
Records created or compiled in response to Privacy Act requests and administrative appeals,
5 U.S.C. 301, Departmental Regulations; 5 U.S.C. 552a, The Privacy Act of 1974, as amended; Administrative Instruction 81, Privacy Program; DoD 5400.11-R, Department of Defense Privacy Program; and E.O. 9397 (SSN).
Information is being collected and maintained for the purpose of processing Privacy Act requests and administrative appeals; for participating in litigation regarding agency action on such requests and appeals; and for assisting the Department of Defense in carrying out any other responsibilities under the Privacy Act of 1974
In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, these records or information contained therein may specifically be disclosed outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
The DoD ‘Blanket Routine Uses’ set forth at the beginning of OSD's compilation of systems of records notices apply to this system.
Computer database, optical disk and paper records in file folders.
Filed chronologically by request number and retrieved by name and/or request number.
Records are maintained in security containers with access only to officials whose access is based on requirements of assigned duties. Computer databases are password protected and accessed by individuals who have a need-to-know.
Paper records that are granted are destroyed 2 years after the date of reply. Paper records that are denied in whole or part, no record responses, responses to requesters who do not adequately describe records being sought and records that are appealed or litigated are destroyed 6 years after final action. Electronic records are deleted when no longer needed to support Directorate business needs.
Director, Freedom of Information and Security Review, Washington Headquarters Services, 1155 Defense Pentagon, Washington, DC 20301-1155.
Individuals seeking to determine whether information about themselves is contained in this system of records should address written inquiries to Director, Freedom of Information and Security Review, Washington Headquarters Services, 1155 Defense Pentagon, Washington, DC 20301-1155.
Written requests for information should include the full name of the individual.
Individuals seeking access to information about themselves in this system of records should address written inquiries to Director, Freedom of Information and Security Review, Washington Headquarters Services, 1155 Defense Pentagon, Washington, DC 20301-1155.
Written requests for information should include the full name of the individual.
For personal visits to examine records, the individual should provide a form of picture identification,
The OSD rules for accessing records, for contesting contents and appealing initial agency determinations are published in OSD Administrative Instruction 81; 32 CFR part 311; or may be obtained from the system manager.
Those individuals who submit initial requests and administrative appeals pursuant to the Privacy Act; the agency records searched in the process of responding to such requests and appeals; Department of Defense personnel assigned to handle such requests and appeals; other agencies or entities that have referred to the Department of Defense requests concerning Department of Defense records, or that have consulted with the Department of Defense regarding the handling of particular requests; and submitters or subjects of records or information that have provided assistance to the Department of Defense in making access or amendment determinations.
During the course of a Privacy Act (PA) action, exempt materials from other systems of records may become part of the case records in this system of records. To the extent that copies of exempt records from those ‘other’ systems of records are entered into these PA case records, Washington Headquarters Services hereby claims the same exemptions for the records as they have in the original primary systems of records which they are a part.
An exemption rule for this system has been promulgated in accordance with requirements of 5 U.S.C. 553(b)(1), (2), and (3), (c), and (e) and published in 32 CFR part 311. For additional information contact the system manager.
Defense Finance and Accounting Service, DOD.
Notice of New Systems of Records.
The Defense Finance and Accounting Service proposes to add a system of records notice to its inventory of record systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended.
This action will be effective without further notice on December 30, 2002 unless comments are received that would result in a contrary determination.
FOIA/PA Program Manager, Office of General Counsel, Defense Finance and Accounting Service, 6760 E. Irvington Place, Denver, CO 80279-8000.
Ms. Linda Krabbenhoft at (303) 676-7514.
The complete inventory of Defense Finance and Accounting Service records system notices subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended, have been published in the
The proposed system report, as required by 5 U.S.C. 552a(r) of the Privacy Act, was submitted on November 13, 2002, to the House Committee on Government Reform, the Senate Committee on Governmental Affairs, and the Office of Management and Budget (OMB) pursuant to paragraph 4c of Appendix I to OMB Circular No. A-130, ‘Federal Agency Responsibilities for Maintaining Records About Individuals,’ dated February 8, 1996, (61 FR 6427, February 20, 1996).
DFAS Payroll Locator File System (PLFS).
Defense Finance and Accounting Service—Cleveland, 1240 East Ninth Street, PO Box 998002, Cleveland, OH 44199-8002.
Any individual who is paid by the Defense Finance and Accounting Service is in this payroll locator file.
The locator file contains the individual's name, Social Security Number, and payroll office.
5 U.S.C. 301, Departmental Regulations; DoD Financial Management Regulation 7000.14-R, Volumes 7A, 7B, 7C, 8, and 13; and E.O. 9397 (SSN).
This system of records is being established for the purpose of providing the Department of Defense with a single locator file that identifies those individuals paid by the Defense Finance and Accounting Service, the individual's employment status, and their payroll office location.
All records in this system are subject to use in authorized computer matching programs within the Department of Defense and with other Federal agencies or non-Federal agencies as regulated by the Privacy Act of 1974, as amended, (5 U.S.C. 552a).
In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, these records or information contained therein, may specifically be disclosed outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
To the U.S. Treasury for the purpose of effecting salary offset procedures under the provisions of 5 U.S.C. 5514, against a person who owes a debt to the U.S. Government.
The DoD “Blanket Routine Uses” published at the beginning of the DFAS compilation of systems of records notices apply to this system.
Records are maintained on electronic media.
Retrieved by individual's name and Social Security Number.
Records are accessed by persons responsible for servicing the records and others who are authorized by the DFAS systems administrator at DFAS Cleveland, to use the record system in performance of their official duties. records are stored in secured office buildings protected by guards and controlled by screening of personnel and the registration of visitors.
Disposition pending (until National Archives and Records Administration has approved the retention and disposal schedule, treat records as permanent).
Assistant General Counsel, Garnishment Operations, Defense Finance and Accounting Service—Cleveland, 1240 East Ninth Street, PO Box 998002, Cleveland, OH 44199-8002.
Individuals seeking to determine whether information about themselves is contained in this system of records should address written inquiries to the Privacy Act Officer, Defense Finance and Accounting Service—Cleveland, 1240 East Ninth Street, Cleveland, OH 44199-8006.
Individuals should provide their full name and Social Security Number.
Individuals seeking access to information about themselves contained in this system of records should address written inquires to Privacy Act Officer, Defense Finance and Accounting Service—Cleveland, 1240 East Ninth Street, Cleveland, OH 44199-8006.
Individuals should provide their full name and Social Security Number.
The DFAS rules for accessing records, for contesting contents and appealing initial agency determinations are published in DFAS Regulation 5400.11-R; 32 CFR part 324; or may be obtained from the Privacy Act Officer at any DFAS Center.
Defense Finance and Accounting Service payroll systems.
None.
Office of the Inspector General, DoD.
Notice to add and delete systems of records.
The Office of the Inspector General, DoD is adding a system of records notice to its existing inventory of record systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended, and deleting a system of records.
This proposed action will be effective without further notice on December 30, 2002, unless comments are received which result in a contrary determination.
Office of the Inspector General, Department of Defense, 400 Army Navy Drive, Arlington, VA 22202-4704.
Mr. Gary Dressel at (703) 604-8920.
The Office of the Inspector General, DoD systems of records notices subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended, have been published in the
The proposed system report, as required by 5 U.S.C. 552a(r) of the Privacy Act of 1974, as amended, was submitted on November 13, 2002, to the House Committee on Government Reform, the Senate Committee on Governmental Affairs, and the Office of Management and Budget (OMB) pursuant to paragraph 4c of Appendix I to OMB Circular No. A-130, “Federal Agency Responsibilities for Maintaining Records About Individuals,” dated February 8, 1996 (February 20, 1996, 61 FR 6427).
Decision Support System (DSS)—OAIG-AUD (February 22, 1993, 58 FR 10213).
The records are being consolidated into the Inspector General system of records CIG 20, entitled “Defense Audit Management Information System (DAMIS).”
Defense Audit Management Information System (DAMIS).
Soza and Company, Ltd., 8550 Arlington Boulevard, Fairfax, VA 22031-4634.
All active personnel employed by the Office of the Assistant Inspector General for Auditing, the Naval Audit Service, the Army Audit Agency, and the Air Force Audit Agency.
Individual's name, current employment status, training courses scheduled and received, pay grade, handicap code, duty address, security clearance, audit project position, education, number of training days, entered on duty date, date of release, and employee status code.
5 U.S.C. 301, Departmental Regulations; DoD Directive 5106.1, Inspector General of the Department of Defense; and DoD Directive 8320.1, DoD Data Administration.
Information is used to maximize staff resources and to provide audit cost summary data; to track staff hours allocated towards audit preparation and active audit projects which will allow for more effective scheduling of unassigned personnel and to categorize indirect time expended for end-of-year reporting; to plan workloads, to schedule travel, and to control travel costs on assigned audit projects; to assist in providing time and attendance
In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, these records or information contained therein may specifically be disclosed outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
The DoD “Blanket Routine Uses” set forth at the beginning of the OIG compilation of systems of records notices also apply to this system.
Automated records are maintained on electronic storage media/magnetic tape.
Records are retrieved by individual's name.
Access to DAMIS is protected through the use of assigned user/ID's and passwords for entry to the different subsystem applications. Once entry is acknowledged by the system, individual(s) are only allowed to perform predefined transactions/processes on files according to their access levels and functionality.
Disposition pending (until the National Archives and Records Administration has approved a retention and disposal schedule for these records, treat the records as permanent).
Technical Director, Analysis, Planning, and Quality Assurance Division, Office of the Assistant Inspector General for Auditing, Office of the Inspector General, DoD, 400 Army Navy Drive, Arlington, VA 22202-4704.
Individuals seeking access to records about themselves contained in this system of records should address written requests to the Chief, Freedom of Information Act/Privacy Act Office, 400 Army Navy Drive, Arlington, VA 22202-4704.
Written request should contain the individual's full name, signature and work organization.
Individuals seeking access to records about themselves contained in this system of records should address written requests to the Chief, Freedom of Information Act/Privacy Act Office, 400 Army Navy Drive, Arlington, VA 22202-4704.
Written request should contain the individual's full name, signature and work organization.
The OIG's rules for accessing records and for contesting contents and appealing initial agency determinations are published in 32 CFR part 312 or may be obtained from the system manager.
From the subject individual and activity supervisors.
None.
Department of the Air Force, DoD.
Notice to add/delete a system of records.
The Department of the Air Force is proposing to delete one system of records and add another system of records to its existing inventory of record systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended.
This proposed action will be effective without further notice on December 30, 2002, unless comments are received which result in a contrary determination.
Send comments to the Air Force Privacy Act Manager, AF-CIO/P, 1155 Air Force Pentagon, Washington, DC 20330-1155.
Mrs. Anne Rollins at (703) 601-4043 or DSN 329-4043.
The Department of the Air Force systems of records notices subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended, have been published in the
The proposed system reports, as required by 5 U.S.C. 552a(r) of the Privacy Act of 1974, as amended, was submitted on November 13, 2002, to the House Committee on Government Reform, the Senate Committee on Governmental Affairs, and the Office of Management and Budget (OMB) pursuant to paragraph 4c of Appendix I to OMB Circular No. A-130, “Federal Agency Responsibilities for Maintaining Records About Individuals,” dated February 8, 1996 (February 20, 1996, 61 FR 6427).
Personnel Security Clearance and Investigation Records (June 11, 1997, 62 FR 31793).
Records are being incorporated into the Department of the Air Force system of records notice F031 DoD A, entitled, “Joint Personnel Adjudication System.”
Joint Personnel Adjudication System (JPAS).
Department of the Army, Central Personnel Security Clearance Facility, Fort George G. Meade, MD 20755-5250; Department of the Navy, Naval Criminal Investigative Service, Central Adjudication Facility, 716 Sicard Street, SE., Washington Navy Yard, DC 20388-5329;
Office of the Secretary of Defense, Washington Headquarters Service, Consolidated Adjudication Facility, 1777 North Kent Street, Suite 12047, Arlington, VA 22209-2164;
Defense Intelligence Agency, 3100 Clarendon Boulevard, Arlington, VA 22201-5320;
Defense Office of Hearing Appeals, 4015 Wilson Boulevard, Arlington, VA 22203-0656;
National Security Agency, Fort George G. Meade, MD 20755-6000;
Joint Chiefs of Staff, Directorate for Information Management, Joint Staff
Defense Security Service, Defense Industrial Security Office, 2780 Airport Drive, Suite 400, Columbus, OH 43219-2268.
Security offices of all DoD activities, to include those located in the continental United States (CONUS); overseas military locations and units deployed on DoD missions; all centralized and non-centralized DoD special security offices, and appropriately cleared DoD contractor facilities. Additionally, duplicate portions of records are contained in DoD automated personnel information systems, and the Defense Central Index of Investigations (DCII). A record of all registered locations is available from the DoD Joint Personnel Adjudication System Program Office, 229 Brookley Avenue, Bolling Air Force Base, Washington, DC 20332-7040.
All Department of Defense active and reserve military personnel; civilian employees and applicants; DoD contractor employees and applicants; National Guard personnel; U.S. Coast Guard military and civilian personnel and applicants requiring access to National Security and/or Sensitive Compartmented Information; “affiliated” personnel (such as Non-Appropriated Fund employees, Red Cross volunteers and staff; USO personnel, and congressional staff members); and foreign nationals whose duties require access to National Security Information (NSI) and/or assignment to a sensitive position.
Records documenting the personnel security adjudicative and management process, to include an individual's Social Security Number; name (both, current, former and alternate names); date of birth; state of birth; country of citizenship; type of DoD affiliation; employing activity; current employment status; position sensitivity; personnel security investigative basis; status of current adjudicative action; security clearance eligibility and access status; exceptions (if the eligibility determination was based on a condition, deviation from prescribed investigative standards or waiver of adjudication guidelines; reports of security-related incidents, to include issue files; suspension of eligibility and/or access; denial or revocation of eligibility and/or access; eligibility recommendations or decisions made by an appellate authority; non-disclosure execution dates; indoctrination date(s); level(s) of access granted; debriefing date(s); and reasons for debriefing.
10 U.S.C. 8013, Secretary of the Air Force; 5 U.S.C. 301, Departmental Regulations; 50 U.S.C. 401, Congressional declaration of purpose; 50 U.S.C. 435, Purposes; 36 CFR part 1234, Electronic Records Management; DoD 5200.2R, Department of Defense Personnel Security Program Regulation; DoD 5105.21-M-1, Sensitive Compartment Information Administrative Security Manual; E.O. 9397 (SSN); E.O. 10450, Security Requirements for Government Employment; E.O. 10865, Safeguarding Classified Information Within Industry; E.O. 12333, United States Intelligence Activities; E.O. 12829, National Industrial Security Program; and E.O. 12968, Access to Classified Information.
The Joint Personnel Adjudication System (JPAS) is the automated system used for personnel security management within DoD, providing a common, comprehensive medium to record and document personnel security actions within the Department. JPAS also compiles statistical data for use in analyses and studies.
In addition to disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, these records or information contained therein may specifically be disclosed outside the DoD as follows to:
To the White House to obtain approval of the President of the United States regarding certain military personnel office actions as provided for in DoD Instruction 1320.4; “Military Officer Actions Requiring Approval of the Secretary of Defense or the President, or Confirmation by the Senate.”
To the Immigration and Naturalization Service for use in alien admission and naturalization inquiries.
To the Federal Bureau of Investigation; the National Aeronautics and Space Administration; the Central Intelligence Agency; the Office of Personnel Management; the Department of State, the Department of Treasury; the Internal Revenue Service; the U.S. Postal Service; the U.S. Secret Service; the Bureau of Alcohol, Tobacco and Firearms; the U.S. Customs Service; and any other related Federal agencies for the purpose of determining access to National Security information (NSI) pursuant to E.O. 12968.
The DoD “Blanket Routine Uses” set forth at the beginning of the Air Force's compilation of systems of records notices also apply to this system.
Records contained in the system are stored on electronic media (such as CD-ROM disks, optical digital data disks, computers, and computer output products).
Information is retrieved by full name, Social Security Number, date of birth, state and country of birth.
Electronically and optically stored records are maintained in “fail-safe” system software with password-protected access. Records are accessible only to authorized persons with a valid need-to-know, who are appropriately screened, investigated and determined eligible for access. During non-duty hours, alarms systems and/or security or military police guards secure all locations. Only authorized personnel with a valid need-to-know are allowed access to JPAS. Additionally, JPAS users are subject to limitations within the system, based on their specific functions and security eligibility and access level.
Automated records are actively retained during the entire period an individual maintains DoD affiliation. When either (1) the affiliation ends or (2) an applicant is not accepted for DoD affiliation, the automated records are actively retained for two years. At the end of the two-year period, the automated record is moved to an electronic archive with retrieval capability. Destruction of automated records is by erasure and/or degaussing.
Chief, Programs and Resources, AFCAF and JPAS Program Manager, Department of the Air Force, Air Force Central Adjudication Facility, DoD Joint Personnel Adjudication System Program Office, 229 Brookley Avenue, Bolling Air Force Base, Washington, DC 20332-7040.
Individuals seeking to determine whether information about themselves is contained in this system should
Individual should provide their full name (and any alias and/or alternate names used), Social Security Number, and date and place of birth.
Individual seeking information about themselves contained in this system should address written inquiries to the Department of the Air Force, Air Force Central Adjudication Facility, DoD Joint Personnel Adjudication System Program Office, 229 Brookley Avenue, Bolling Air Force Base, Washington, DC 20332-7040.
Individual should provide their full name (and any alias and/or alternate names used), Social Security Number, and date and place of birth.
In addition, the requester must provide a notarized statement or an unsworn declaration made in accordance with 28 U.S.C. 1746, in the following format:
If executed without the United States: “I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on (date). (Signature).”
If executed within the United States, its territories, possessions, or commonwealths: “I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (Signature).”
Attorneys or other persons acting on behalf of an individual must provide written authorization from that individual for their representative to act on their behalf.
The Air Force rules for accessing records, and for contesting contents and appealing initial agency determinations are published in Air Force Instruction 37-132; 32 CFR part 806b; or may be obtained from the system manager.
Information contained in this system is derived from the appropriate DOD personnel systems; records maintained by the DOD adjudicative agencies; and records maintained by security managers, special security officers, or other officials requesting and/or sponsoring the security eligibility determination for the individual. Additional information may be obtained from other sources (such as personnel security investigations, personal financial records, military service records, medical records and unsolicited sources.)
Investigatory material compiled solely for the purpose of determining suitability, eligibility, or qualifications for federal civilian employment, military service, federal contracts, or access to classified information may be exempt pursuant to 5 U.S.C. 552a(k)(5), but only to the extent that such material would reveal the identity of a confidential source.
An exemption rule for this system has been promulgated in accordance with requirements of 5 U.S.C. 553(b)(1), (2), and (3), (c) and (e) published in 32 CFR part 806b. For additional information contact the system manager.
Department of the Navy, DOD.
Notice of partially closed meeting.
The U.S. Naval Academy Board of Visitors will meet to make such inquiry as the Board shall deem necessary into the state of morale and discipline, the curriculum, instruction, physical equipment, fiscal affairs, and academic methods of the Naval Academy. During this meeting inquiries will relate to the internal personnel rules and practices of the Academy, may involve on-going criminal investigations, and include discussions of personal information the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. The executive session of this meeting will be closed to the public.
The meeting will be held on Friday, December 13, 2002, from 8 a.m. to 11:15 a.m. The closed Executive Session will be from 11:15 a.m. to 12 p.m.
The meeting will be held at the U.S. Naval Academy, Annapolis, Maryland in the Bo Coppedge dining room of Alumni Hall.
Lieutenant Commander Domenick Micillo, Executive Secretary to the Board of Visitors, Office of the Superintendent, U.S. Naval Academy, Annapolis, MD 21402-5000, (410) 293-1503.
This notice of meeting is provided per the Federal Advisory Committee Act (5 U.S.C. App. 2). The executive session of the meeting will consist of discussions of information, which pertain to the conduct of various midshipmen at the Naval Academy and internal Board of Visitors matters. Discussion of such information cannot be adequately segregated from other topics, which precludes opening the executive session of this meeting to the public. In accordance with 5 U.S.C. App. 2, section 10(d), the Secretary of the Navy has determined in writing that the special committee meeting shall be partially closed to the public because they will be concerned with matters as outlined in section 552(b)(c)(2), (5), (6), (7) and (9) of title 5, United States Code.
Department of the Navy, DOD.
Notice of closed meeting.
The purpose of this meeting is to discuss topics relevant to SSBN security.
The meeting will be held on Wednesday, December 11, 2002, from 9 a.m. to 4 p.m.
The meeting will be held at the Center for Naval Analyses, 4825 Mark Center, Alexandria, VA.
Lieutenant Commander James Latsko, CNO (N775C2), 2000 Navy Pentagon, NC-1, Washington, DC 20350-2000, (703) 604-7392.
This notice of closed meeting is provided per the Federal Advisory Committee Act (5 U.S.C. App. 2). The entire agenda will consist of classified information that is specifically authorized by Executive Order to be kept secret in the interest of national defense and is properly classified pursuant to such Executive Order. Accordingly, the Secretary of the Navy has determined in writing that all sessions of the meeting shall be closed
Department of Education.
Notice.
The Leader, Regulatory Management Group, Office of the Chief Information Officer invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995.
Interested persons are invited to submit comments on or before December 30, 2002.
Written comments should be addressed to the Office of Information and Regulatory Affairs, Attention: Karen Lee, Desk Officer, Department of Education, Office of Management and Budget, 725 17th Street, NW., Room 10235, New Executive Office Building, Washington, DC 20503 or should be electronically mailed to the e-mail address
Section 3506 of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) requires that the Office of Management and Budget (OMB) provide interested Federal agencies and the public an early opportunity to comment on information collection requests. OMB may amend or waive the requirement for public consultation to the extent that public participation in the approval process would defeat the purpose of the information collection, violate State or Federal law, or substantially interfere with any agency's ability to perform its statutory obligations. The Leader, Regulatory Management Group, Office of the Chief Information Officer, publishes that notice containing proposed information collection requests prior to submission of these requests to OMB. Each proposed information collection, grouped by office, contains the following: (1) Type of review requested, e.g. new, revision, extension, existing or reinstatement; (2) Title; (3) Summary of the collection; (4) Description of the need for, and proposed use of, the information; (5) Respondents and frequency of collection; and (6) Reporting and/or Recordkeeping burden. OMB invites public comment.
State, Local, or Tribal Gov't, SEAs or LEAs; Businesses or other for-profit; Not-for-profit institutions.
Responses: 66;
Burden Hours: 1,056.
Requests for copies of the submission for OMB review; comment request may be accessed from
Comments regarding burden and/or the collection activity requirements should be directed to Sheila Carey at her e-mail address
Secretary of Education's Commission on Opportunity in Athletics; Department of Education.
Notice of open meeting; correction.
On November 22, 2002 (67 FR 70416) a notice of the schedule and proposed agenda of a forthcoming public meeting of the Secretary of Education's Commission on Opportunity in Athletics (the Commission) was published in the
December 3-4, 2002.
Notice of this meeting is required under Section 10(a)(2) of the Federal Advisory Committee Act.
All other information in the November 22nd notice remains the same.
The Secretary of Education's Commission on Opportunity in Athletics, 400 Maryland Avenue, SW., ROB-3 Room 3060, Washington, DC 20202.
See the Commission address under the
You may view this document, as well as all other Department of Education documents published in the
To use PDF you must have Adobe Acrobat Reader, which is available free at this site. If you have questions about using PDF, call the U.S. Government Printing Office (GPO), toll free, at 1-888-293-6498; or in the Washington, DC, area at (202) 512-1530.
The official version of this document is the document published in the
Take notice that on November 20, 2002, Algonquin LNG, LP (ALNG) tendered for filing as part of its FERC Gas Tariff, Second Revised Volume No. 1, First Revised Sheet No. 1;First Revised Sheet No. 84; and First Revised Sheet No. 85, proposed to be effective on October 17, 2002.
ALNG states that the purpose of this filing is to incorporate modifications reflected in certain tariff sheets that were accepted by the Commission in an order issued subsequent to ALNG's filing of its corporate name change on October 17, 2002, which was approved by letter order dated November 4, 2002, in Docket No. RP03-30-000.
ALNG states that copies of its filing have been mailed to all affected customers and interested state commissions.
Any person desiring to protest said filing should file a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with section 385.211 of the Commission's rules and regulations. All such protests must be filed in accordance with section 154.210 of the Commission's Regulations. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at
Take notice that on November 20, 2002, Algonquin LNG, LP (ALNG) tendered for filing as part of its FERC Gas Tariff, Second Revised Volume No. 1, the tariff sheets listed in Appendix A of the filing, to be effective December 21, 2002.
ALNG states that the purpose of this filing is to modify the ALNG Tariff to reflect (i) the reinstatement of the price ceiling for short-term capacity release transactions, and, (ii) the removal of references to the Telephone Bulletin Board since ALNG posts on its Internet Web site the information that ALNG is required to make publicly available.
ALNG states that copies of its filing have been mailed to all affected customers and interested state commissions.
Any person desiring to be heard or to protest said filing should file a motion to intervene or a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with sections 385.214 or 385.211 of the Commission's rules and regulations. All such motions or protests must be filed in accordance with section 154.210 of the Commission's regulations. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. Any person wishing to become a party must file a motion to intervene. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at
Take notice that on November 19, 2002, ANR Pipeline Company (ANR), tendered for filing an amendment to a Firm Storage Service Agreement and a description of the essential conditions involved in agreeing to an amended Negotiated Rate Arrangement. ANR requests that the Commission approve the amended Negotiated Rate Arrangement to be effective on November 19, 2002.
ANR states that the filed Negotiated Rate Arrangement reflects that the negotiated rate between ANR and Dynegy Marketing and Trade and all underlying service will be terminated on April 1, 2003 instead of June 30, 2007.
Any person desiring to be heard or to protest said filing should file a motion to intervene or a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with sections 385.214 or 385.211 of the Commission's rules and regulations. All such motions or protests must be filed in accordance with section 154.210 of the Commission's regulations. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. Any person wishing to become a party must file a motion to intervene. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at
Take notice that on November 20, 2002, the Official Committee of Participant Creditors (Committee) of the California Power Exchange Corporation (CalPX) tendered for filing a request for approval of funding and governance, in accordance with the Commission's Order on Complaint and Order Granting Petition for Declaratory Order, issued on July 30, 2002, in Docket No. EL02-104-000, 100 FERC ¶ 61,124, and the “Official Committee of Participant Creditors” Fifth Amended Chapter 11 Plan, As Modified (Revised October 1, 2002)” confirmed by the United States Bankruptcy Court for the Central District of California by an Order entered on November 1, 2002 (Confirmed Plan). The Committee requests that the Commission approve, on an expedited basis: (1) The establishment of reserves and accounts by CalPX for specified purposes, and (2) the governance structure for reorganized CalPX, as set forth in the Confirmed Plan.
Any person desiring to intervene or to protest this filing should file with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's rules of practice and procedure (18 CFR 385.211 and 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a motion to intervene. All such motions or protests should be filed on or before the comment date, and, to the extent applicable, must be served on the applicant and on any other person designated on the official service list. This filing is available for review at the Commission or may be viewed on the Commission's Web site at
Take notice that on November 20, 2002, CenterPoint Energy Gas Transmission Company (CEGT) tendered for filing as part of its FERC Gas Tariff, Fifth Revised Volume No. 1, the following tariff sheets to be effective on November 17, 2002:
CEGT states that it also proposes to withdraw First Revised Sheet No. 461 filed in this docket on October 17, 2002. CEGT states that the purpose of this filing is to comply with the Commission's order issued November 14, 2002 in Docket No. RP03-29-000.
Any person desiring to protest said filing should file a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with section 385.211 of the Commission's rules and regulations. All such protests must be filed in accordance with section 154.210 of the Commission's regulations. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at
Take notice that on November 21, 2002, Dominion Transmission Inc. (DTI) tendered for filing as part of its FERC Gas Tariff, Third Revised Volume No. 1, Sixteenth Revised Sheet No. 31 and Nineteenth Revised Sheet No. 32, with an effective date of January 1, 2003.
DTI states that the purpose of this filing is to adopt the 2003 Gas Research Institute (GRI) surcharges approved by the Commission in Docket No. RP02-354-000.
DTI states that copies of its letter of transmittal and enclosures have been served upon DTI 's customers and interested state commissions.
Any person desiring to be heard or to protest said filing should file a motion to intervene or a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with sections 385.214 or 385.211 of the Commission's rules and regulations. All such motions or protests must be filed in accordance with section 154.210 of the Commission's regulations. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make
The Federal Energy Regulatory Commission hereby gives notice that on December 5, 2002, members of its staff will attend a briefing given by J. Stephen Henderson of Charles River Associates to discuss a cost-benefit study that was recently released by the Southeastern Association of Regulatory Utility Commissioners. The staff's attendance is part of the Commission's ongoing outreach efforts to develop regional transmission organizations in the Southeastern United States.
The meeting will be held on Thursday, December 5, 2002, at 2 p.m., in a room to be designated at the offices of the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This meeting is open to the public.
The meeting may discuss matters at issue in Carolina Power & Light Company,
For more information, contact Charles Whitmore, Special Assistant, in the Office of Market Oversight and Investigation at (202) 502-6256 or e-mail at
Take notice that on November 20, 2002, Kern River Gas Transmission Company (Kern River) tendered for filing as part of its FERC Gas Tariff, Second Revised Volume No. 1, the following tariff sheets, to be effective October 31, 2002.
Kern River states that the purpose of this filing is to revise Kern River's tariff to remove the term matching cap that currently applies to a shipper that elects to exercise a right of first refusal for an expiring or terminating service agreement.
Kern River states that it has served a copy of this filing upon its customers and interested state regulatory commissions.
Any person desiring to be heard or to protest said filing should file a motion to intervene or a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with sections 385.214 or 385.211 of the Commission's Rules and Regulations. All such motions or protests must be filed in accordance with Section 154.210 of the Commission's regulations. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. Any person wishing to become a party must file a motion to intervene. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at
Take notice that on November 19, 2002, Northern Border Pipeline Company (Northern Border) tendered for filing to become part of its FERC Gas Tariff, First Revised Volume No. 1, Substitute Second Revised Sheet No. 267; and Original Sheet No. 267.01, to become effective November 1, 2002.
Northern Border states that the purpose of this filing is to comply with the Commission's order at Docket No. RP02-543-000 dated October 30, 2002,1 wherein the Commission directed Northern Border to revise Northern Border's FERC Gas Tariff to comply with Section 154.109(b) of the Commission's regulations, stating when Northern Border will pay or contribute to the construction cost of lateral lines, and when the customer should bear those burdens.
Northern Border states that it has served a copy of this compliance filing upon the parties of record in this proceeding.
Any person desiring to protest said filing should file a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with section 385.211 of the Commission's rules and regulations. All such protests must be filed in accordance with section 154.210 of the Commission's regulations. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at
Take notice that on November 20, 2002, Northwest Pipeline Corporation (Northwest) tendered for filing as part of its FERC Gas Tariff, Third Revised Volume No. 1, Third Revised Sheet No. 278-C, to be effective December 21, 2002.
Northwest states that the purpose of this filing is to revise its tariff by removing from the right of first refusal provisions the five-year term matching cap, consistent with the Order on Remand issued by the Commission on October 31, 2002 in Docket No. RM98-10-011.
Northwest states that a copy of this filing has been served upon Northwest's customers and interested state regulatory commissions.
Any person desiring to be heard or to protest said filing should file a motion to intervene or a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with sections 385.214 or 385.211 of the Commission's rules and regulations. All such motions or protests must be filed in accordance with section 154.210 of the Commission's regulations. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. Any person wishing to become a party must file a motion to intervene. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at
Take notice that on November 20, 2002, Northwest Pipeline Corporation (Northwest) tendered for filing as part of its FERC Gas Tariff, the following tariff sheets to become effective January 1, 2003:
Northwest states that the purpose of this filing is to revise its tariff to incorporate the Gas Research Institute (GRI) surcharges approved by the Commission for 2003.
Northwest states that a copy of this filing has been served upon Northwest's customers and interested state regulatory commissions.
Any person desiring to be heard or to protest said filing should file a smotion to intervene or a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with sections 385.214 or 385.211 of the Commission's rules and regulations. All such motions or protests must be filed in accordance with section 154.210 of the Commission's regulations. Protests will be considered by the Commission in
Take notice that on November 20, 2002, Northwest Pipeline Corporation (Northwest) tendered for filing as part of its FERC Gas Tariff, Third Revised Volume No. 1, Second Revised Sheet No. 25, to be effective December 21, 2002.
Northwest states that the purpose of this filing is to revise the tariff to expressly state that it permits nominations of forwardhauls up to contract demand and backhauls up to contract demand to the same point at the same time for segmented capacity, pursuant to the Order on Remand issued by the Commission on October 31, 2002 in Docket No. RM98-10-011.
Northwest states that a copy of this filing has been served upon Northwest's customers and interested state regulatory commissions.
Any person desiring to be heard or to protest said filing should file a motion to intervene or a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with sections 385.214 or 385.211 of the Commission's rules and regulations. All such motions or protests must be filed in accordance with section 154.210 of the Commission's regulations. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. Any person wishing to become a party must file a motion to intervene. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at
Take notice that on November 18, 2002, Southern Natural Gas Company (Southern), Post Office Box 2563, Birmingham, Alabama 35202-2563, filed in the above referenced docket, an application pursuant to Section 7(c) of the Natural Gas Act (NGA) and part 157 of the Commission's Rules and Regulations, to amend its Order Issuing Certificate and Approving Abandonment (Certificate Order) issued in this proceeding on September 20, 2002 (Southern Natural Gas Company, 100 FERC § 61,281 (2002)). Southern seeks approval of a change in the construction schedule of certain of the expansion facilities to accommodate the restructuring of the transportation services of one of the shippers participating in the expansion project and of a change in ownership of certain measurement facilities authorized by the Certificate Order. This application is on file with the Commission and open to public inspection. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at
Southern states that one of the shippers participating in the South System Expansion II Project, Southern Company Services, Inc. (SCS), has advised Southern that it will not need to have its Transportation Demand available until November 1, 2003, and has requested to amend its Firm Transportation Service Agreement to revise the initial target date for service to commence thereunder. Accordingly, Southern proposes to shift the construction of certain of the Phase 1 facilities from the 2002-2003 winter spring construction season to the 2003 summer construction season. In addition, Southern and SCG Pipeline, Inc. (SCG) have agreed to the terms and conditions under which they will share ownership of the proposed Port Wentworth Meter Station. Therefore, Southern is requesting an amendment to the Certificate Order to reflect that it will have a thirty-eight and nine-tenths percent (38.9%) ownership interest in that facility.
Southern states further that the proposed changes will not materially modify the nature, scope, or impact of the project. Southern assures that the amount of capacity to be added to Southern's pipeline system and the shippers subscribing to that capacity remain the same. Southern also states that the environmental impact of the project will remain essentially the same, and that due to summer construction rather than the winter-spring construction, may reduce the effects of construction on the environment and should facilitate the construction process. Additionally, Southern states that it does not anticipate that the change in the construction schedule will result in a change in the total cost of the project, and consequently the project will still provide a substantial financial benefit to its system.
Any questions regarding this application should be directed to R. David Hendrickson, Associate General Counsel, at (205) 325-7114, Southern Natural Gas Company, Post Office Box
There are two ways to become involved in the Commission's review of this project. First, any person wishing to obtain legal status by becoming a party to the proceedings for this project should, on or before December 13, 2002, file with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a motion to intervene in accordance with the requirements of the Commission's Rules of Practice and Procedure (18 CFR 385.214 or 385.211) and the Regulations under the NGA (18 CFR 157.10). A person obtaining party status will be placed on the service list maintained by the Secretary of the Commission and will receive copies of all documents filed by the applicant and by all other parties. A party must submit 14 copies of filings made with the Commission and must mail a copy to the applicant and to every other party in the proceeding. Only parties to the proceeding can ask for court review of Commission orders in the proceeding.
However, a person does not have to intervene in order to have comments considered. The second way to participate is by filing with the Secretary of the Commission, as soon as possible, an original and two copies of comments in support of or in opposition to this project. The Commission will consider these comments in determining the appropriate action to be taken, but the filing of a comment alone will not serve to make the filer a party to the proceeding. The Commission's rules require that persons filing comments in opposition to the project provide copies of their protests only to the party or parties directly involved in the protest.
Persons who wish to comment only on the environmental review of this project should submit an original and two copies of their comments to the Secretary of the Commission. Environmental commenters will be placed on the Commission's environmental mailing list, will receive copies of the environmental documents, and will be notified of meetings associated with the Commission's environmental review process. Environmental commenters will not be required to serve copies of filed documents on all other parties. However, the non-party commenters will not receive copies of all documents filed by other parties or issued by the Commission (except for the mailing of environmental documents issued by the Commission) and will not have the right to seek court review of the Commission's final order.
The Commission may issue a preliminary determination on non-environmental issues prior to the completion of its review of the environmental aspects of the project.
This preliminary determination typically considers such issues as the need for the project and its economic effect on existing customers of the applicant, on other pipelines in the area, and on landowners and communities. For example, the Commission considers the extent to which the applicant may need to exercise eminent domain to obtain rights-of-way for the proposed project and balances that against the non-environmental benefits to be provided by the project. Therefore, if a person has comments on community and landowner impacts from this proposal, it is important either to file comments or to intervene as early in the process as possible.
The Commission strongly encourages electronic filings of comments, protests, and interventions via the Internet in lieu of paper.
If the Commission decides to set the application for a formal hearing before an Administrative Law Judge, the Commission will issue another notice describing that process. At the end of the Commission's review process, a final Commission order approving or denying a certificate will be issued.
Take notice that on November 18, 2002, Tennessee Gas Pipeline Company (Tennessee) tendered for filing as part of its FERC Gas Tariff, Fifth Revised Volume No. 1, the following tariff sheets, with effective date as indicated:
Tennessee states that the purpose of this filing is to refile Sheet Nos. 23F to correctly include a line for Fuel and Losses for the Stagecoach Lateral under Rate schedule FT-IL that has been inadvertently omitted from three (3) prior filings.
Any person desiring to be heard or to protest said filing should file a motion to intervene or a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with sections 385.214 or 385.211 of the Commission's rules and regulations. All such motions or protests must be filed in accordance with section 154.210 of the Commission's regulations. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. Any person wishing to become a party must file a motion to intervene. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at
Take notice that on November 19, 2002, Transcontinental Gas Pipe Line Corporation (Transco) tendered for filing as part of its FERC Gas Tariff, Third Revised Volume No. 1, the tariff sheets listed on Appendix A attached to the filing, with a proposed effective date of January 1, 2003.
Transco states that the purpose of this filing is to comply with the Commission's Order Rejecting Compliance Filing issued on November 4, 2002, in the referenced dockets, in which the Commission directed Transco to refile, within 15 days, revised tariff sheets to unbundle its Rate Schedule SS-1 service.
Transco states that it will serve copies of the instant filing on its affected customers and interested State Commissions.
Any person desiring to protest said filing should file a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with section 385.211 of the Commission's rules and regulations. All such protests must be filed in accordance with section 154.210 of the Commission's regulations. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at
Take notice that on November 20, 2002, Transcontinental Gas Pipe Line Corporation (Transco) tendered for filing as part of its FERC Gas Tariff, Third Revised Volume No. 1, the revise tariff sheets listed on Appendix A attached to the filing, with a proposed effective date of January 1, 2003.
Transco states that the purpose of this filing is to offer the existing Rate Schedule SS-1 customers the option to elect service provided pursuant to Transco's blanket transportation certificate and part 284 of the Commission's regulations under Transco's existing Rate Schedule FT and under a new “Rate Schedule SS-1 Open Access Storage Service.”
Transco states that it will serve copies of the instant filing on its affected customers and interested State Commissions.
Any person desiring to be heard or to protest said filing should file a motion to intervene or a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with sections 385.214 or 385.211 of the Commission's rules and regulations. All such motions or protests must be filed in accordance with section 154.210 of the Commission's regulations. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. Any person wishing to become a party must file a motion to intervene. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at
The following filings have been made with the Commission. The filings are listed in ascending order within each docket classification.
The NYISO states that its filing has been served upon Dynegy and the Arbitrator through his designated representative at the AAA.
The NYISO also states that Section 11.3 of the Services Tariff provides that a party may request the Commission to vacate, modify or take such other action as may be appropriate with respect to any arbitration decision. The NYISO states that Section 11.3 of the Services Tariff also provides that parties have one year to seek Commission action.
Take notice that on November 18, 2002, Athens Generating Company, L.P., Covert Generating Company, LLC, Harquahala Generating Company, LLC, and Millennium Power Partners, L.P. (collectively the Companies), each of
Take notice that on November 19, 2002, Sithe Edgar LLC, Sithe Framingham LLC, Sithe Mystic LLC, Sithe New Boston LLC, Sithe West Medway LLC, Sithe Wyman LLC, AG-Energy, L.P., Power City Partners, L.P., Seneca Power Partners, L.P., and Sterling PowerPartners, L.P. (the “Sithe Project Companies”) submitted revised tariff sheets in compliance with the Commission's January 24, 2001 order in the above-captioned proceeding directing the Sithe Project Companies to conform the rate schedule designations with the requirements of Order No. 614. These tariff sheets replace those submitted by the Sithe Project Companies in the above-captioned docket on November 30, 2001.
Take notice that on November 20, 2002, the California Independent System Operator Corporation (ISO) tendered for filing a compliance filing made in compliance with the Commission's October 21, 2002 Order Accepting Contract Revision, Subject to Modification. The compliance filing revises Appendix A to the Responsible Participating Transmission Owner Agreement (RPTO Agreement) between the ISO and Pacific Gas and Electric Company (PG&E), in accordance with the October 21 Order.
The ISO states that this filing has been served on all entities that are on the official service list for this docket.
Take notice that on November 20, 2002, New England Power Company (NEP) filed with the Commission notice of the cancellation of Rate Schedule FERC No. 421 (Rate Schedule 421). Rate Schedule 421 is an Interconnection Agreement between NEP and Public Service Company of New Hampshire (PSNH). NEP requests that the cancellation be made effective on July 1, 2002. NEP has served the filing upon PSNH and the persons listed on the service list for Docket No. ER93-255-000.
Any person desiring to intervene or to protest this filing should file with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with rules 211 and 214 of the Commission's rules of practice and procedure (18 CFR 385.211 and 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a motion to intervene. All such motions or protests should be filed on or before the comment date, and, to the extent applicable, must be served on the applicant and on any other person designated on the official service list. This filing is available for review at the Commission or may be viewed on the Commission's web site at
Take notice that the following Settlement Agreement has been filed with the Commission and is available for public inspection.
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Multnomah, Suite 1500, Portland, OR 97232; (503) 813-6658.
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December 12, 2002. Reply comments due December 23, 2002.
All documents (original and eight copies) should be filed with: Magalie R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. Please affix Project No. 2652-007 to all comments. Comments may be filed electronically via the Internet in lieu of paper. The Commission strongly encourages electronic filings.
The Commission's rules of practice require all intervenors filing documents with the Commission to serve a copy of that document on each person on the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency.
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l. A copy of the settlement agreement is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at
Environmental Protection Agency (EPA).
Notices.
This document announces the Office of Management and Budget's (OMB) responses to Agency clearance requests, in compliance with the Paperwork Reduction Act (44 U.S.C. 3501
Susan Auby at (202) 566-1672, or e-mail at
Environmental Protection Agency (EPA).
Notice of availability of draft Strategy for National Clean Water Industrial Regulations.
Under the Clean Water Act, EPA establishes national technology-based regulations, termed “effluent guidelines,” to reduce pollutant discharges from industrial facilities to surface waters and publicly owned treatment works. Today, EPA is announcing the availability of its draft Strategy for National Clean Water Industrial Regulations. The draft Strategy describes a process to identify existing effluent guidelines that EPA should consider revising, and to identify any industrial categories for which the Agency should consider developing new effluent guidelines. EPA proposes to use this process to develop future Effluent Guidelines Program Plans, which EPA is required to publish under section 304(m) of the Clean Water Act every two years. The Agency welcomes comments on the draft Strategy and recommendations on industrial categories to be considered. In addition, EPA is announcing an Industrial Wastewater and Best Available Treatment Technologies Conference that it is co-sponsoring with Vanderbilt University.
Submit comments on the draft Strategy by February 27, 2003. A public meeting will be held on Wednesday, January 15, 2003. In addition, the Industrial Wastewater and Best Available Treatment Technology Conference will be held February 26-28, 2003.
Send comments to Water Docket, Environmental Protection Agency, Mailcode: 4101T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, Attention Docket ID No. OW-2002-0020. Comments may also be submitted electronically or through hand delivery/courier. Follow the detailed instruction as provided in B.
An informational meeting for interested stakeholders will be held in the EPA East Building, Room 1153, 1201 Constitution Avenue, NW., Washington, DC.
The Industrial Wastewater and Best Available Treatment Technologies Conference will be held at the Nashville Marriott at Vanderbilt University, at 2555 West End Avenue, Nashville, TN, 37203.
Patricia Harrigan at (202) 566-1666 or
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Certain types of information will not be placed in the EPA Dockets. Information claimed as confidential business information (CBI) and other information whose disclosure is restricted by statute, which is not included in the official public docket, will not be available for public viewing in EPA's electronic public docket. EPA's policy is that copyrighted material will not be placed in EPA's electronic public docket, but will be available only in
For public commenters, it is important to note that EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing in EPA's electronic public docket as EPA receives them and without change, unless the comment contains copyrighted material, CBI, or other information whose disclosure is restricted by statute. When EPA identifies a comment containing copyrighted material, EPA will provide a reference to that material in the version of the comment that is placed in EPA's electronic public docket. The entire printed comment, including the copyrighted material, will be available in the public docket.
Public comments submitted on computer disks that are mailed or delivered to the docket will be transferred to EPA's electronic public docket. Public comments that are mailed or delivered to the Docket will be scanned and placed in EPA's electronic public docket. Where practical, physical objects will be photographed, and the photograph will be placed in EPA's electronic public docket along with a brief description written by the docket staff.
You may submit comments electronically, by mail, or through hand delivery/courier. To ensure proper receipt by EPA, identify the appropriate docket identification number in the subject line on the first page of your comment. Please ensure that your comments are submitted within the specified comment period. Comments received after the close of the comment period will be marked “late.” EPA is not required to consider these late comments.
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You may find the following suggestions helpful for preparing your comments:
1. Explain your views as clearly as possible.
2. Describe any assumptions that you used.
3. Provide any technical information and/or data you used that support your views.
4. If you estimate potential burden or costs, explain how you arrived at your estimate.
5. Provide specific examples to illustrate your concerns.
6. Offer alternatives.
7. Make sure to submit your comments by the comment period deadline identified.
8. To ensure proper receipt by EPA, identify the appropriate docket identification number in the subject line on the first page of your response. It would also be helpful if you provided the name, date, and
Today's draft Strategy for National Clean Water Industrial Regulations does not contain regulatory requirements. It presents a proposed process that identifies industrial categories for possible development or revision of effluent limitations guidelines and standards (“effluent guidelines”). A list of the 55 currently regulated industries is provided in the draft Strategy at appendix 1, which can be found on EPA's Web site at
Today's document is published under the authority of section 301(d), 304(b), 304(g), 304(m), 306(b), 307(b) and 307(c) of the Clean Water Act (CWA), 33 U.S.C. 1311(d), 1314(b), 1314(g), 1314(m), 1316(b), 1317(b) & 1317(c).
The CWA directs EPA to promulgate effluent limitations guidelines and standards for categories or subcategories of industrial point sources that, for most pollutants, reflect the level of pollutant control attained by the best available technologies economically achievable. See CWA sections 301(b)(2), 304(b), 306, 307(b), and 307(c). For point sources that introduce pollutants directly into the Nation's waters (
Section 304(m) of the CWA requires EPA to publish a plan every two years that consists of three elements. First, under section 304(m)(1)(A), EPA is required to establish a schedule for the annual review and revision of existing effluent guidelines in accordance with section 304(b). Section 304(b) specifies factors EPA must consider when promulgating effluent limitations guidelines for direct dischargers and directs EPA to revise such regulations as appropriate. Second, under section 304(m)(1)(B), EPA must identify categories of sources discharging toxic or nonconventional pollutants for which EPA has not published effluent limitations guidelines under section 304(b)(2) or new source performance standards (NSPS) under section 306. Finally, under section 304(m)(1)(C), EPA must establish a schedule for the promulgation of effluent limitations guidelines under section 304(b)(2) and NSPS for the categories identified under the second element (
On October 30, 1989, Natural Resources Defense Council, Inc., and Public Citizen, Inc., filed an action against EPA in which they alleged, among other things, that EPA had failed to comply with CWA section 304(m). The Plaintiffs and EPA agreed to a settlement of that action in a Consent Decree entered on January 31, 1992. The Consent Decree, as modified, established a schedule by which EPA would propose and take final action for eleven point source categories identified by name in the Decree, and for eight other point source categories identified only as new or revised rules, numbered 5 through 12. See Consent Decree pars. 2(a), 4(a), and 5(a). The Decree also established deadlines for EPA to complete studies of eleven point source categories. See Consent Decree, par. 3(a). The Consent Decree provides that the foregoing requirements shall be set forth in EPA's section 304(m) plans.
The prospective end of the Consent Decree in 2004 offers EPA and interested stakeholders an excellent opportunity to evaluate the effluent guidelines program and to consider how national industrial regulations can best achieve the Nation's clean water goals and the requirements of the Clean Water Act in the years ahead. The draft Strategy outlines a process for developing a biennial plan that is designed to meet both the statutory requirements in section 304(m) of the Clean Water Act and the water quality challenges of the 21st century. The draft Strategy aims to reduce risk to human health and the environment, using the most effective tools available. It is intended to ensure that EPA's process for setting priorities in its effluent guidelines program is transparent. EPA is looking for ways that its Strategy can help spur the development of innovative technologies, promote multi-media pollution prevention, and expand the use of market-based incentives to improve the quality of our nation's waters. The draft Strategy is posted for review on EPA's web site at
The draft Strategy was initially discussed in the notice for the Effluent Guidelines Program Plan for 2002/2003.
EPA requests comments about several specific issues discussed in the Strategy.
The Agency is also interested to receive comments on whether each of the four factors identified above should be ranked, and if so, whether different weights should be applied to each. EPA also requests suggestions as to the information the Agency should use to prioritize industrial categories that pass both the primary and secondary screening reviews described in the draft Strategy.
The Agency is also interested to receive comments on whether each of these factors should be ranked, and if so, whether different weights should be applied to each. EPA also requests suggestions as to the information the Agency should use to prioritize industrial categories that pass both the primary and secondary screening reviews described in the draft Strategy.
EPA is also considering whether to indicate a quantitative voluntary reduction goal that source categories seeking a deferral of consideration for new or revised guidelines should try to achieve. EPA is considering a goal, suggested by a stakeholder, of a 10 percent reduction in total load, or in toxic-equivalent load over a five-year period (the standard permit term). EPA emphasizes that the goal would not be binding on either the Agency or the industry; EPA would retain the discretion to decide whether to develop an effluent guideline. EPA would consider voluntary load reductions on an industry-by-industry basis in making its planning decisions (and may make decisions irrespective of the general, non-binding goal). The Agency requests comment on this entire issue. EPA also invites comment on whether a different general goal, such as a 25 percent reduction in total or toxic-equivalent load, would be more appropriate.
EPA proposes to use information in the PCS system to identify categories for which loadings have decreased over the past 5 years, but requests suggestions on alternative sources of this information. EPA also invites comment on how it might assess voluntary pollutant reductions in industrial categories with increased production over five years. Finally, EPA invites comment on ways to evaluate claims of decreases in water loadings of toxicity relative to possible increases in release of these emissions to other environmental media, for example volatilization to air or land disposal of sludge.
In addition, EPA encourages comments on the extent to which the Agency should consider multi-media pollutant reduction opportunities in deciding which guidelines to develop or revise. For example, should the Agency assign greater weight to revising a guideline that has the opportunity to reduce the loading of 100 million pounds of nutrients into surface waters impaired by nutrient pollution, or one that might reduce nutrient loading by 80 million pounds but also reduce noxious odors and emissions of greenhouse gases?
In addition to the technology-based effluent guidelines program, EPA and the States implement a wide range of water-quality based programs also designed to protect and restore the Nation's waters. For example, the water quality standards adopted by all States, Territories and 20 authorized Tribes are the regulatory and scientific foundation for the Nation's water quality-based programs. Water quality standards are used to assess impairments in U.S. waters, to establish targets and load reductions needed in impaired waters through total maximum daily loads (TMDLs), and to set limits on pollutants through enforceable NPDES permits where technology-based limits are insufficient to protect water quality.
Under EPA and State permit programs, industrial discharge restrictions—in the form of technology-based and water-quality based effluent limitations—have controlled over 48,000 individual industrial facilities through the issuance of individual NPDES permits, and controlled thousands more through general permits. Fish are coming back, habitats are recovering, and many miles of formerly contaminated beaches are now safe for swimmers. However, we have not achieved water quality objectives in many water bodies. Many of the remaining pollutants come from sources that are not related to industrial discharges, such as non-point source runoff from agricultural lands, stormwater flows from cities, seepage into ground water from nonpoint sources, and loss of critical habitats such as wetlands.
One facet of EPA's overall approach to resolving the remaining water quality problems is the continued implementation of the national effluent guidelines program to address water quality problems associated with industrial dischargers. As EPA moves forward to address the remaining water quality problems, EPA invites comment on whether it should devote the same, less, or greater resources to the effluent guidelines program as it has in the past.
An important first step in the planning process is to consult with authorized States and Tribes, pretreatment control authorities, and professional associations to obtain their recommendations on revising existing effluent guidelines and identifying industries for new guidelines. These stakeholders can help identify water quality concerns related to industrial categories as well as changes in industries which affect the administration and effectiveness of existing regulations. EPA recognizes that there are other stakeholders who also may have concerns or data indicating the need for new or revised regulations, or revisions to EPA's draft Strategy.
Therefore, the Agency will hold a public meeting on Wednesday, January 15 from 9 a.m. to noon, to discuss the goals and the elements of the draft Strategy. This informational meeting will be held in the EPA East Building, Room 1153, 1201 Constitution Avenue, NW., Washington, DC. No registration is required for this meeting. If you need special accommodations at this meeting, please contact Pat Harrigan at (202) 566-1666 or
For security reasons, we request that you bring photo identification with you to the meeting. Also, if you let us know in advance of your plans to attend, it will expedite the process of signing in. Seating will be provided on a first-come, first-served basis. Please note that parking is very limited in downtown Washington, and use of public transit is recommended. The EPA Headquarters complex is located near the Federal Triangle Metro station. Upon exiting the Metro station, walk east to 12th Street. On 12th Street, walk south to Constitution Avenue. At the corner, turn right onto Constitution Avenue and proceed to the EPA East Building entrance.
During the meeting, EPA will present an overview of the draft Strategy, including the factors the Agency expects to consider and the cycle of steps involved in its application. EPA will also allow time for questions and answers during these sessions. The Agency also encourages participants to identify and provide supporting data and/or rationales on existing effluent guidelines that EPA should consider revising, or on any industrial categories for which the Agency should consider developing new effluent guidelines. This meeting is not a public hearing for the purpose of obtaining comment on the draft Strategy. EPA will not generate a transcript of the meeting. The public may submit written comments as described in the “How to Submit Comments” section above.
EPA has established effluent limitation guidelines and pretreatment standards for more than 50 industries. (A list of the currently regulated industries is provided in the draft Strategy at appendix 1, which can be found on EPA's Web site at
Representatives of academia, government, and industry are invited to convene to examine and discuss industry trends and technology advances as they affect regulatory compliance and sustainable growth. Participants will have the opportunity to both provide and obtain information on state of the art techniques for addressing their water pollution control activities. These may include improvements to traditional wastewater treatment processes as well as process changes and best management practices that lead to reductions in pollutant generation.
The BAT conference will be held from February 26 through February 28, 2003 at the Nashville Marriott at Vanderbilt University, located at 2555 West End Avenue, Nashville, Tennessee, 37203. Registration is required. More information, including registration and specific topics, is available at
Environmental Protection Agency (EPA).
Notice.
EPA is publishing a draft guidance addressing the evaluation of the “vapor intrusion pathway.” The draft guidance is intended to provide a tool to help the user conduct a screening evaluation as to whether or not the vapor intrusion exposure pathway is complete and, if so, whether it poses an unacceptable risk to human health. It is not intended to provide recommendations for delineating extent of risk or eliminating risk.
Send your comments to reach us on or before February 27, 2003.
Comments may be submitted electronically, by mail, by facsimile, or through hand delivery/courier. Send an original and two copies of your comments to: OSWER Docket, Environmental Protection Agency, Mailcode: 5305-G, 1200 Pennsylvania Avenue, NW, Washington, DC 20460, Attention Docket ID No. RCRA-2002-0033. Follow the detailed instructions as provided in section I.B.
For general information, contact the RCRA Hotline at (800) 424-9346 (toll free) or call (703) 412-9810; or, for hearing impaired, call TDD (800) 553-7672 or TDD (703) 412-3323. For more information on specific aspects of this guidance, contact Henry Schuver, Office of Solid Waste (5303W), U. S. Environmental Protection Agency, Ariel Rios Building, 1200 Pennsylvania Avenue, NW, Washington, DC 20460-0002, (703) 308-8656, e-mail address:
EPA has established an official public docket for this action under Docket ID No. RCRA-2002-0033. The official public docket consists of the documents specifically referenced in this action, any public comments received, and other information related to this action. Although a part of the official docket, the public docket does not include Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. The official public docket is the collection of materials that is available for public viewing at the OSWER Docket in the EPA Docket Center, (EPA/DC) EPA West, Room B102, 1301 Constitution Ave., NW, Washington, DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566-1744 and the telephone number for OSWER Docket is 202-566-0207. To view docket materials, you should call in advance and make an appointment. You may copy a maximum of 100 pages from any regulatory docket at no charge (unless the documents require copyright permission). Additional copies cost $0.15 per page.
You may access this
An electronic version of the public docket is available through EPA's electronic public docket and comment system, EPA Dockets. You may use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Once in the system, select “search,” then key in the appropriate docket identification number.
Certain types of information will not be placed in the EPA Dockets. Information claimed as CBI and other information whose disclosure is restricted by statute, which is not included in the official public docket, will not be available for public viewing in EPA's electronic public docket. EPA's policy is that copyrighted material will not be placed in EPA's electronic public docket but will be available only in printed, paper form in the official public docket. When a document is selected from the index list in EPA Dockets, the system will identify whether the document is available for viewing in EPA's electronic public docket. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified in Unit I.B.
For public commenters, it is important to note that EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing in EPA's electronic public docket as EPA receives them and without change, unless the comment contains copyrighted material, CBI, or other information whose disclosure is restricted by statute. When EPA identifies a comment containing copyrighted material, EPA will provide a reference to that material in the version of the comment that is placed in EPA's electronic public docket. The entire printed comment, including the copyrighted material, will be available in the public docket.
Public comments submitted on computer disks that are mailed or delivered to the docket will be transferred to EPA's electronic public docket. Public comments that are mailed or delivered to the Docket will be scanned and placed in EPA's electronic public docket. Where practical, physical objects will be photographed, and the photograph will be placed in EPA's electronic public docket along with a brief description written by the docket staff.
You may submit comments electronically, by mail, by facsimile, or through hand delivery/courier. To ensure proper receipt by EPA, identify the appropriate docket identification number in the subject line on the first page of your comment. Please ensure that your comments are submitted within the specified comment period. Comments received after the close of the comment period will be marked “late.” EPA is not required to consider these late comments, but will make every effort to do so if time and resources permit. If you wish to submit CBI or information that is otherwise protected by statute, please follow the instructions in section I.C. Do not use EPA Dockets or e-mail to submit CBI or information protected by statute.
If you submit an electronic comment as prescribed below, EPA recommends that you include your name, mailing address, and an e-mail address or other contact information in the body of your comment. Also include this contact information on the outside of any disk or CD ROM you submit, and in any cover letter accompanying the disk or CD ROM. This ensures that you can be identified as the submitter of the comment and allows EPA to contact you in case EPA cannot read your comment due to technical difficulties or needs further information on the substance of your comment. EPA's policy is that EPA will not edit your comment, and any identifying or contact information provided in the body of a comment will be included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment.
Your use of EPA's electronic public docket to submit comments to EPA electronically is EPA's preferred method for receiving comments. Go directly to EPA Dockets at
Comments may be sent by electronic mail (e-mail) to
You may submit comments on a disk or CD ROM that you mail to the mailing address identified in Unit I.B.2, below. These electronic submissions will be accepted in WordPerfect or ASCII file format. Avoid the use of special characters and any form of encryption.
Send an original and two copies of your comments to: OSWER Docket, Environmental Protection Agency, Mailcode: 5305-G, 1200 Pennsylvania Avenue, NW, Washington, DC 20460, Attention Docket ID No. RCRA-2002-0033.
Deliver your comments to: OSWER Docket, EPA West Building, Room B102, 1301 Constitution Avenue, NW, Washington DC, 20004, Attention Docket ID No. RCRA-2002-0033. Such deliveries are only accepted during the Docket's normal hours of operation as identified in section I.A.1.
Fax your comments to (703) 603-9234, Attention Docket ID No. RCRA-2002-0033.
Do not submit information that you consider to be CBI electronically through EPA's electronic public docket or by e-mail. Send or deliver information identified as CBI only to the following address: RCRA CBI Document Control Officer, Office of Solid Waste, Environmental Protection Agency, Mailcode 5305-W, 1200 Pennsylvania Avenue, NW, Washington, DC 20460, Attention Docket ID No. RCRA-2002-0033. You may claim information that you submit to EPA as CBI by marking any part or all of that information as CBI (if you submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is CBI). Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2.
In addition to one complete version of the comment that includes any information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket and EPA's electronic public docket. If you submit the copy that does not contain CBI on disk or CD ROM, mark the outside of the disk or CD ROM clearly that it does not contain CBI. Information not marked as CBI will be included in the public docket and EPA's electronic public docket without prior notice. If you have any questions about CBI or the procedures for claiming CBI, please consult the person identified in the
You may find the following suggestions helpful for preparing your comments:
1. Explain your views as clearly as possible.
2. Describe any assumptions that you used.
3. Provide any technical information and/or data you used that support your views.
4. If you estimate potential burden or costs, explain how you arrived at your estimate.
5. Provide specific examples to illustrate your concerns.
6. Offer alternatives.
7. Make sure to submit your comments by the comment period deadline identified.
8. To ensure proper receipt by EPA, identify the appropriate docket identification number in the subject line on the first page of your response. It would also be helpful if you provided the name, date, and
The draft guidance (Evaluating the Vapor Intrusion to Indoor Air Pathway From Groundwater and Soils) examines a single exposure pathway—the “vapor intrusion pathway.” It is intended to be a screening tool to aid users in determining whether a vapor intrusion pathway is complete and, if so, whether the completed pathway poses an unacceptable risk to human health. A complete pathway means that humans are exposed to vapors originating from site contamination. The draft guidance begins with simple and generally reasonable conservative screening approaches and gradually progresses toward a more complex assessment involving increasingly greater use of site-specific data. For those sites determined to have an incomplete vapor intrusion pathway, further consideration of the current site situation generally should not be needed. For those sites determined to have a complete pathway, guidance is provided to evaluate whether the pathway does or does not pose a potential significant risk to human health.
This draft guidance is not intended to provide recommendations to delineate the extent of risk or eliminate the risk. Its sole purpose is to determine if there is a potential for an unacceptable risk. EPA generally recommends reevaluation of those sites that are screened-out if site conditions or land use changes in a way that might alter a decision to screen-out, or other new information suggests greater conservatism is appropriate in assessing the vapor intrusion pathway.
Because this is a draft guidance document, not a regulation, it is not subject to the notice and comment requirements of the Administrative Procedure Act. Nonetheless, EPA is choosing, in its discretion, to solicit comments on the document in the interest of developing the most accurate, useful guidance document.
EPA suggests that you use this draft guidance at RCRA Corrective Action, CERCLA (National Priorities List and Superfund Alternative Sites), and Brownfields sites, but, at this time, we do not recommended it for use at Subtitle I Underground Storage Tank (UST) sites.
We recommend that State and Regional UST corrective action programs continue to use a risk-based decision making approach as described in OSWER Directive 9610.17: Use of Risk-Based Decision Making in UST Corrective Action Program to address this pathway at UST sites.
Vapor intrusion is a rapidly developing field of science and policy and this draft guidance is intended to aid in evaluating the potential for human exposure from this pathway given the state-of-the-science at this time. EPA will continue to explore this area in efforts to improve the state-of-the-science of this complex exposure pathway. A workgroup of EPA and State representatives is currently being organized to evaluate this pathway over the next several years. As the state-of-the-science improves, this guidance will be revised as appropriate. EPA and State site managers are encouraged to contact EPA's Office of Solid Waste (OSW) to join the workgroup and/or provide the workgroup with relevant site information that can be added to the Office of Solid Waste and Emergency Response (OSWER) database to facilitate these efforts.
This draft guidance supersedes the draft RCRA EI Supplemental Guidance for Evaluating the Vapor Intrusion to
EPA recommends that you consider the use of this draft guidance now.
Although the document is still in draft and EPA is requesting comment on it, it has gone through extensive internal and inter-agency review, and we believe it is a technically sound product. While we hope to receive useful comments that will result in improvements when the draft is finalized, we believe the document in its current state provides the best guidance and information currently available on these issues.
Please recognize that this is a guidance document, not a regulation. This document presents current technical and policy recommendations of the Office of Solid Waste and Emergency Response, based EPA's current understanding of the subsurface vapor intrusion. EPA personnel (and of course, states) are free to use and accept other technically sound approaches, either on their own initiative, or at the suggestion of responsible parties or other interested parties. In addition, personnel who use this guidance document are free to modify the approach recommended in this guidance. This guidance document does not impose any requirements or obligations on EPA, states, or the regulated community. Rather, the sources of authority and requirements for addressing subsurface vapor intrusion are the relevant statutes and regulations (
Equal Employment Opportunity Commission.
Final Notice of Submission for OMB Review Employer Information Report (EEO-1).
In accordance with the Paperwork Reduction act of 1995, the Equal Employment Opportunity Commission (EEOC) announces that it is submitting to the Office of Management and Budget (OMB) a request for a one-year extension of the existing collection as described below. A notice that the EEOC would be submitting this request was published in the
Written comments on this notice must be submitted on or before December 30, 2002.
Comments should be submitted to Karen Lee, Policy Analyst, Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW., Washington, DC 20503, or e-mail at
Joachim Neckere, Director, Program Research and Surveys Division, 1801 L Street, NW., Room 9222, Washington, DC 20507: (202) 663-4958 (voice) or (202) 663-7063 (TDD).
The Commission solicits public comment to enable it to:
(1) Evaluate whether the proposed collection of information is necessary for the proper performance of the Commission's functions, including whether the information will have practical utility;
(2) Evaluate the accuracy of the Commission's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to be collected; and
(4) Minimize the burden of the collection of information on those who are to respond, including the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology,
Four comments were received from associations of employers and human resources organizations in response to the September 9, 2002 notice. The comments supported the EEOC's request for a one-year extension of the current information collection.
EEO-1 data are used by EEOC to investigate charges of employment discrimination against employers in private industry and to provide information and the employment status of minorities and women. The data are shared with the Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor, and several other federal agencies. Pursuant to Section 709(d) of title VII of the Civil Rights Act of 1964, as amended, EEO-1 data are also shared with 86 State and Local Fair Employment Practices Agencies (FEPAs).
For the Commission.
The Federal Communications Commission, as part of its continuing effort to reduce paperwork burden invites the general public and other Federal agencies to take this opportunity to comment on the following information collection(s), as required by the Paperwork Reduction Act of 1995, Pub. L. 104-13. An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act (PRA) that does not display a valid control number. Comments are requested concerning (a) whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; (b) the accuracy of the Commission's burden estimate; (c) ways to enhance the quality, utility, and clarity of the information collected; and (d) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology.
Written comments should be submitted on or before January 28, 2003. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contact listed below as soon as possible.
Direct all comments to Judith Boley Herman, Federal Communications Commission, Room 1-C804 or Room 1-A804, 445 12th Street, SW., Washington, DC 20554 or via the Internet to
For additional information or copies of the information collection(s), contact Judith Boley Herman at 202-418-0214 or via the Internet at
The Federal Communications Commission, as part of its continuing effort to reduce paperwork burden invites the general public and other Federal agencies to take this opportunity to comment on the following information collection(s), as required by the Paperwork Reduction Act of 1995, Pub. L. 104-13. An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act (PRA) that does not display a valid control number. Comments are requested concerning (a) whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; (b) the accuracy of the Commission's burden estimate; (c) ways to enhance the quality, utility, and clarity of the information collected; and (d) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology.
Persons wishing to comment on this information collection should submit comments by January 28, 2003. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of
Direct all comments to Judy Boley Herman, Federal Communications Commission, 445 12th Street, SW., Room 1-C804, Washington, DC 20554 or via the internet to
For additional information or copies of the information collections contact Judy Boley Herman at 202-418-0214 or via the internet at
The data are used to ensure that no harmful interference is caused to other authorized stations.
The Federal Communications Commission, as part of its continuing effort to reduce paperwork burden invites the general public and other Federal agencies to take this opportunity to comment on the following information collection(s), as required by the Paperwork Reduction Act of 1995, Public Law 104-13. An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act (PRA) that does not display a valid control number. Comments are requested concerning (a) whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; (b) the accuracy of the Commission's burden estimate; (c) ways to enhance the quality, utility, and clarity of the information collected; and (d) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology.
Written comments should be submitted on or before January 28, 2003. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contact listed below as soon as possible.
Direct all comments to Judith Boley Herman, Federal Communications Commission, Room 1-C804 or Room 1-A804, 445 12th Street, SW., Washington, DC 20554 or via the Internet to
For additional information or copies of the information collection(s), contact Judith Boley Herman at 202-418-0214 or via the Internet at
999 E Street, NW., Washington, DC.
This meeting will be closed to the public.
Compliance matters pursuant to 2 U.S.C. 437g.
Audits conducted pursuant to 2 U.S.C. 437g, § 438(b), and Title 26, U.S.C.
Matters concerning participation in civil actions or proceedings or arbitration.
Internal personnel rules and procedures or matters affecting a particular employee.
999 E Street, NW., Washington, DC (Ninth Floor).
This meeting will be closed to the public.
Correction and approval of minutes.
A plan for implementing the 2002 Voting System Standards.
Final rules and explanation and justification on Coordinated and Independent Expenditures.
Administrative matters.
Mr. Ron Harris, Press Officer, Telephone: (202) 694-1220.
Federal Labor Relations Authority.
Notice of the opportunity to file briefs as amici curiae in a proceeding before the Federal Labor Relations Authority in which the Authority is determining whether certain employees who perform security work should be excluded from a bargaining unit on the ground that this work “directly affects national security” within the meaning of 5 U.S.C. 7112(b)(6).
The Federal Labor Relations Authority provides an opportunity for all interested persons to file briefs as amici curiae on a significant issue in a case pending before the Authority. The Authority is considering the case pursuant to its responsibilities under the Federal Service Labor-Management Relations Statute, 5 U.S.C. 7101-7135 (the Statute) and its regulations, 5 CFR part 2422. The issue concerns the bargaining unit eligibility of employees performing security work.
Briefs submitted in response to this notice will be considered if received by mail or personal delivery in the Authority's Case Control Office by 5 p.m. on December 30, 2002. Placing submissions in the mail by this deadline
The designated representatives in
Mail or deliver briefs to Gail D. Reinhart, Director, Case Control Office, Federal Labor Relations Authority, 607 14th St. NW., Room 415, Washington, DC 20424-0001.
Gail D. Reinhart, Director, Case Control Office, Federal Labor Relations Authority, (202) 482-6540.
On November 1, 2002, in 58 FLRA No. 42, the Authority granted, in part, an application for review of the Acting Regional Director's Decision and Order in
American Federation of Government Employees, AFL-CIO (Union), filed a petition seeking to clarify the bargaining unit to include certain employees of the Social Security Administration, Baltimore, MD (the Agency) who work as Physical Security Specialists and Electronics Technicians. During the processing of this petition, the Agency asserted that the employees should be excluded from the bargaining unit under section 7112(b)(6) of the Statute. The employees develop and implement security operation procedures for the Agency's facilities. Section 7112(b)(6) provides, as relevant here, that a bargaining unit is not appropriate if it includes any employee engaged in “security work which directly affects national security[.]”
The Acting Regional Director determined that the disputed positions were not excluded from the proposed unit under section 7112(b)(6) of the Statute because, although the employees were engaged in “security work” within the meaning of section 7112(b)(6) of the Statute, the security work performed by them does not “directly affect[] national security” within the meaning of section 7112(b)(6) of the Statute. Therefore, she concluded that the employees in the disputed positions were not excluded from the bargaining unit.
The Agency filed the application for review, contending that review of the Acting Regional Director's decision is warranted under 5 CFR 2422.31(c), because the decision raises an issue for which there is an absence of precedent.
In
Because this issue is likely to be of concern to the federal sector labor-management relations community in general, the Authority finds it appropriate to provide for the filing of amicus briefs addressing this question.
For the Authority.
In compliance with the requirement of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995 for opportunity for public comment on proposed data collection projects, the Centers for Disease Control and Prevention (CDC) will publish periodic summaries of proposed projects. To request more information on the proposed projects or to obtain a copy of the data collection plans and instruments, call the CDC Reports Clearance Officer on (404)498-1210.
Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Send comments to Seleda Perryman , CDC Assistant Reports Clearance Officer, 1600 Clifton Road, MS-D24, Atlanta, GA 30333. Written comments should be received within 60 days of this notice.
The purpose of this program is to support research in ADHD and the exploration of other health conditions and health risk behaviors to children with the disorder. The main objectives of the project are to determine the prevalence or treated prevalence of
The Public Health Service (PHS) is soliciting nominations for possible membership on the National Vaccine Advisory Committee (NVAC). This committee studies and recommends ways to encourage the availability of an adequate supply of safe and effective vaccination products in the States; recommends research priorities and other measures the Director of the National Vaccine Program should take to enhance the safety and efficacy of vaccines; advises the Director of the Program in the implementation of sections 2102, 2103, and 2104, of the PHS Act; and identifies annually for the Director of the Program the most important areas of government and non-government cooperation that should be considered in implementing sections 2102, 2103, and 2104, of the PHS Act.
Nominations are being sought for individuals engaged in vaccine research or the manufacture of vaccines or who are physicians, members of parent organizations concerned with immunizations, or representatives of State or local health agencies, or public health organizations. Federal employees will not be considered for membership. Members may be invited to serve a four-year term.
Close attention will be given to minority and female representation; therefore nominations from these groups are encouraged.
The following information is requested: Name, affiliation, address, telephone number, and a current curriculum vitae. Nominations should be sent, in writing, and postmarked by December 31, 2002, to: Gloria Sagar, Committee Management Specialist, NVAC, National Vaccine Program Office, Centers for Disease Control and Prevention, 4770 Buford Highway, M/S K-77, Chamblee, Georgia 30341. Telephone and facsimile submission cannot be accepted.
The Director, Management Analysis and Services Office, has been delegated the authority to sign
Center for Medicare and Medicaid Services, HHS.
In compliance with the requirement of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Center for Medicare and Medicaid Services (CMS), Department of Health and Human Services, is publishing the following summary of proposed collections for public comment. Interested persons are invited to send comments regarding this burden estimate or any other aspect of this collection of information, including any of the following subjects: (1) The necessity and utility of the proposed information collection for the proper performance of the agency's functions; (2) the accuracy of the estimated burden; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) the use of automated collection techniques or other forms of information technology to minimize the information collection burden.
We are, however, requesting an emergency review of the information collection referenced below. In compliance with the requirement of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, we have submitted to the Office of Management and Budget (OMB) the following requirements for emergency review. We are requesting an emergency review because the collection of this information is needed before the expiration of the normal time limits under OMB's regulations at 5 CFR part 1320. This is necessary to ensure compliance with an initiative of the Administration. We cannot reasonably comply with the normal clearance procedures because of an unanticipated event and possible public harm.
The Administration identified that Medicare program authority to assist beneficiaries could be linked to emerging opportunities in the private sector to make prescription drugs more affordable to consumers. Through educating Medicare beneficiaries about
This collection of information is structured on the requirements already articulated in the final rule entitled, “Medicare-Endorsed Prescription Drug Card Assistance Initiative”, published on September 4, 2002 (67 FR 56618).
CMS is requesting OMB review and approval of this collection by January 7, 2003, with a 180-day approval period. Written comments and recommendations will be accepted from the public if received by the individuals designated below by December 13, 2002. During this 180-day period, we will publish a separate
The Centers for Medicare and Medicaid Services (CMS) is seeking applications from qualified entities interested in entering into a Medicare endorsement agreement for their prescription discount card program. The general purpose of this Medicare endorsement agreement will be to publicize information that allows Medicare beneficiaries to compare prescription drug discount cards, assist Medicare beneficiaries in understanding and accessing private market methods for securing discounts on the purchase of prescription drugs, and raise beneficiary awareness of prescription drug discount card programs available in the commercial market. Approximately 9 million Medicare beneficiaries are without drug coverage at any point in a year. We expect this initiative will help beneficiaries, particularly those who lack prescription drug coverage, understand how drug discount card programs can lower beneficiary out-of-pocket prescription drug expenses. Further, we believe under this initiative that beneficiaries will be more compliant with prescription drug treatment plans and consequently will make more optimal use of their Medicare-covered services. This effort is not, in any way, an offer of a Medicare-reimbursed drug benefit.
Readers can find the application for this initiative on the Web site listed below. It is the final version subject to OMB approval.
We have submitted a copy of this notice to OMB for its review of these information collections. A notice will be published in the
To obtain copies of the supporting statement and any related forms for the proposed paperwork collections referenced above, access CMS' Web site address at
Interested persons are invited to send comments regarding the burden or any other aspect of these collections of information requirements. However, as noted above, comments on these information collection and record keeping requirements must be mailed and/or faxed to the designees referenced below, by December 13, 2002:
And,
Food and Drug Administration, HHS.
Notice.
The Food and Drug Administration (FDA) is announcing that the proposed collection of information listed below has been submitted to the Office of Management and Budget (OMB) for review and clearance under the Paperwork Reduction Act of 1995.
Submit written comments on the collection of information by December 29, 2002.
Submit written comments on the collection of information to the Office of Information and Regulatory Affairs, OMB, New Executive Office Bldg., 725 17th St. NW., rm. 10235, Washington, DC 20503, Attn: Stuart Shapiro, Desk Officer for FDA.
JonnaLynn P. Capezzuto, Office of Information Resources Management (HFA-250), Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857, 301-827-4659.
In compliance with 44 U.S.C. 3507, FDA has submitted the following proposed collection of information to OMB for review and clearance.
The provision in 21 CFR 12.22, issued under section 701(e)(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 371(e)(2)), sets forth the instructions for
In the
FDA estimates the burden of this collection of information as follows:
The burden estimate for this collection of information is based on past filings. Agency personnel responsible for processing the filing of objections and requests for a public hearing on a specific regulation or order, estimate approximately 10 requests are received by the agency annually, with each requiring approximately 20 hours of preparation time.
Food and Drug Administration, HHS.
Notice.
This notice announces a forthcoming meeting of a public advisory committee of the Food and Drug Administration (FDA). At least one portion of the meeting will be closed to the public.
Background information, including the agenda and questions for the committee, will be available to the public one business day before the meeting, on the Internet at
Persons attending FDA's advisory committee meetings are advised that the agency is not responsible for providing access to electrical outlets.
FDA welcomes the attendance of the public at its advisory committee meetings and will make every effort to accommodate persons with physical disabilities or special needs. If you require special accommodations due to a disability, please contact Shirley Meeks, Conference Management Staff, at 301-594-1283, ext. 105, at least 7 days in advance of the meeting.
Notice of this meeting is given under the Federal Advisory Committee Act (5 U.S.C. app. 2).
Food and Drug Administration, HHS.
Notice.
The Food and Drug Administration (FDA) is announcing the availability of a document entitled “Guidance for Industry: Recommendations for the Assessment of Donor Suitability and Blood and Blood Product Safety in Cases of Known or Suspected West Nile Virus Infection” dated October 2002. The guidance document provides recommendations for assessing donor suitability and product safety for donors diagnosed with West Nile Virus (WNV) infections or with illnesses potentially caused by WNV. The guidance applies to Whole Blood and blood components intended for use in transfusion and blood components including recovered plasma, Source Leukocytes, and Source Plasma intended for use in further manufacturing into injectable or non-injectable products. These recommendations are intended to reduce the risk of transfusion transmitted WNV, particularly in areas where human cases are occurring.
Submit written or electronic comments on agency guidances at any time.
Submit written requests for single copies of this guidance to the Office of Communication, Training, and Manufacturers Assistance (HFM-40), Center for Biologics Evaluation and Research (CBER), Food and Drug Administration, 1401 Rockville Pike, Rockville, MD 20852-1448. Send one self-addressed adhesive label to assist the office in processing your requests. The document may also be obtained by mail by calling the CBER Voice Information System at 1-800-835-4709 or 301-827-1800.
Submit written comments on the guidance document to the Dockets Management Branch (HFA-305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852. Submit electronic comments to
Nathaniel L. Geary, Center for Biologics Evaluation and Research (HFM-17), Food and Drug Administration, 1401 Rockville Pike, Rockville, MD 20852-1448, 301-827-6210.
FDA is announcing the availability of a document entitled “Guidance for Industry: Recommendations for the Assessment of Donor Suitability and Blood and Blood Product Safety in Cases of Known or Suspected West Nile Virus Infection” dated October 2002. To address the possible risk of transmission of WNV by blood transfusion, we are providing recommendations for donor deferral, and for product quarantine and retrieval related to reports of post-donation illnesses in the donor, or WNV infection in recipients of blood. We are continuing to consult with experts on WNV at the Centers for Disease Control and Prevention (CDC) and elsewhere to ensure the greatest possible safety of the blood supply. In addition, epidemiologic and laboratory investigations are rapidly evolving. We will evaluate promptly any new data or experiences related to this issue and provide further updates as appropriate. FDA developed the recommendations in the guidance with other Public Health Service agencies of the Department of Health and Human Services.
This guidance is being issued consistent with FDA's good guidance practices regulation (21 CFR 10.115). This guidance document represents the agency's current thinking on this topic. It does not create or confer any rights for or on any person and does not operate to bind FDA or the public. An alternative approach may be used if such approach satisfies the requirement of the applicable statutes and regulations.
The agency is soliciting public comment, but is implementing this guidance immediately because of public health concerns related to the possible risk of transfusion transmitted WNV. Interested persons may, at any time, submit written or electronic comments to the Dockets Management Branch (
Persons with access to the Internet may obtain the document at either
National Institutes of Health, Public Health Service, DHHS.
Notice.
The inventions listed below are owned by agencies of the U.S. Government and are available for licensing in the U.S. in accordance with 35 U.S.C. 207 to achieve expeditious commercialization of results of federally-funded research and development. Foreign patent applications are filed on selected inventions to extend market coverage for companies and may also be available for licensing.
Licensing information and copies of the U.S. patent applications listed below may be obtained by writing to the indicated licensing contact at the Office of Technology Transfer, National Institutes of Health, 6011 Executive Boulevard, Suite 325, Rockville, Maryland 20852-3804; telephone: 301/496-7057; fax: 301/402-0220. A signed Confidential Disclosure Agreement will be required to receive copies of the patent applications.
The subject technology is directed to three backbone-substituted 1,4,7,10-tetraazacyclododecane (DOTA) compounds. These compounds can be
The DOTA derivatives of the invention are such that the macrocyclic backbone was pre-arranged or pre-organized in order to lower the energy barrier to complex formation, thereby potentially increasing the rate of complex formation. The pre-organization and macrocyclic effect of the DOTA sub-structure accelerates complexation with metal ions and isotopes (
This invention relates to the alleviation of symptoms of Th2-like cytokine mediated disorders, such as allergy, asthma, and to hyperinflammatory responses in the respiratory tract to infectious diseases and parasitic infections, including tuberculosis, schistosomiasis, leishmania, and filiarsis.
This invention claims a variety of methods and uses of a chimeric molecule comprising a toxic moiety and a targeting moiety that specifically binds to a cell surface receptor for IL-13, to alleviate symptoms of a variety of respiratory disorders. This method has been proven successful in various mouse models in vivo.
The present invention describes novel approaches in the diagnosis, reduction of progression and treatment of cancer using Mx GTPases (Mxs) and Mx-encoding nucleic acids. The diagnostic benefits of this invention include methods of assessing the metastatic potential of cancer cells by determining the level of an Mx or Mx-encoding nucleic acid present in the cells. This invention also provides a method for administration of an Mx or expression of a nucleic acid encoding an Mx at, in, or near cancer cells, as well as a method for systemic induction of an Mx protein to reduce cancer progression in both solid tumors and hematologic malignancies.
The present invention provides a method for the prevention and treatment of pathologic states in mammals by administering a promoter of T-cell expansion with an inducer of CD40 stimulation in synergistically effective amounts. The disclosed invention could provide treatments for cancers, viral infections, HIV, bacterial infections, fungal infections, and allergic conditions. A method for assessing the treatment administered is also described.
Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meeting.
The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.
This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle.
Pursuant to section 10(a) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of a meeting of the National Advisory Board on Medical Rehabilitation Research.
The meeting will be open to the public, with attendance limited to space available. Individuals who plan to attend and need special assistance, such as sign language interpretation or other reasonable accommodations, should notify the Contact Person listed below in advance of the meeting.
This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle.
In the interest of security, NIH has instituted stringent procedures for entrance into the building by non-government employees. Persons without a government I.D. will need to show a photo I.D. and sign-in at the security desk upon entering the building.
Information is also available on the Institute's/Center's home page:
Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meeting.
The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.
This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle.
Pursuant to section 10(a) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of a meeting of the National Children's Study Assembly and Working Group Meetings. The parent committee for this workgroup is the National Children's Study of Environmental Effects on Health Advisory Committee.
The meetings will be open to the public, with attendance limited to space available. Individuals who plan to attend and need special assistance, such as sign language interpretation or other reasonable accommodations, should notify the Logistics Coordinator at the e-mail or phone number listed below in advance of the meeting. To register for the meetings, visit the conference Web site at:
Pursuant to section 10(a) of the Federal Advisory Committee Act, as amended (5 U.S.C. appendix 2), notice is hereby given of a meeting of the National Children's Study of Environmental Effects on Health Advisory Committee.
The meetings which are being co-sponsored by the Environmental Protection Agency, the National Institute of Environmental Health Sciences, and the Centers for Disease Control and Prevention, will be open to the public, with attendance limited to space available. Individuals who plan to attend and need special assistance, such as sign language interpretation or other reasonable accommodations, should notify the Contact Person listed below in advance of the meeting. To register for the meetings, visit the conference Web site at:
(Catalogue of Federal Domestic Assistance Program Nos. 93.209, Contraception and Infertility Loan Repayment Program; 93.864, Population Research; 93.865, Research for Mothers and Children; 93.929, Center for Medical Rehabilitation Research, National Institutes of Health, HHS)
Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. appendix 2), notice is hereby given of the following meetings.
The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.
Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. appendix 2), notice is hereby given of the following meeting.
The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The contract proposal and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the contract proposals, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.
This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle.
Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meeting.
The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.
Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meeting.
The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The contract proposals and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the contract proposals, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.
Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meeting.
The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.
Notice is hereby given of a change in the meeting of the National Institute on Alcohol Abuse and Alcoholism Special Emphasis Panel, November 26, 2002, 2 p.m. to November 26, 2002, 3 p.m., which was published in the
The date is the only change from 11/26/2002 to 12/12/2002. The meeting is closed to the public.
Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meeting.
The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.
Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meetings.
The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.
Notice is hereby given of a change in the meeting of the Center for Scientific Review Special Emphasis Panel, November 25, 2002, 12:30 p.m. to November 25, 2002, 2 p.m., which was published in the
The meeting will be held December 4, 2002, from 3:30 p.m. to 5 p.m. The location remains the same. The meeting is closed to the public.
Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meetings.
The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.
This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle.
This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle.
This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle.
Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. appendix 2), notice is hereby given of the following meeting.
The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.
This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle.
Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meeting.
The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.
This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle.
This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle.
This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle.
Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the a meeting of the The Board of Scientific Counselors of the Warren Magnuson Clinical Center.
The meeting will be closed to the public in accordance with the provisions set forth in section 552b(c)(6), Title 5 U.S.C., as amended for the review discussion, and evaluation of individual intramural programs and projects conducted by the Clinical Center, including consideration of personnel qualifications and performance, and the competence of individual investigators, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.
National Institutes of Health, Public Health Service, DHHS.
Notice.
This notice, in accordance with 35 U.S.C. 209(c)(1) and 37 CFR
The contemplated exclusive license may be limited to the development of vaccines for the prevention or treatment of diseases in humans caused by infection with nontypeable
This notice is a modification to two previous
Only written comments and/or applications for a license which are received by the NIH Office of Technology Transfer on or before January 28, 2003 will be considered.
Requests for a copy of the patents, inquiries or comments relating to the contemplated license should be directed to: Uri Reichman, Ph.D., Technology Licensing Specialist, Office of Technology Transfer, National Institutes of Health, 6011 Executive Boulevard, Suite 325, Rockville, MD 20852-3804; Telephone: (301) 435-4616, Facsimile: (301) 402-0220; E-mail:
The inventions included in the prospective license describe conjugates of detoxified lipooligosaccharide (dLOS), isolated from the cellular membrane of either nontypeable
The prospective exclusive license will be royalty-bearing and will comply with the terms and conditions of 35 U.S.C. 209 and 37 CFR 404.7. The prospective exclusive license may be granted unless, within 60 days from the date of this published Notice, NIH receives written evidence and argument that establishes that the grant of the license would not be consistent with the requirements of 35 U.S.C. 209 and 37 CFR 404.7.
Properly filed competing applications for a license filed in response to this notice will be treated as objections to the contemplated license. Comments and objections submitted in response to this notice will not be made available for public inspection, and, to the extent permitted by law, will not be released under the Freedom of Information Act, 5 U.S.C. 552.
Office of the Assistant Secretary for Community Planning and Development, HUD.
Notice.
This Notice identifies unutilized, underutilized, excess, and surplus Federal property reviewed by HUD for suitability for possible use to assist the homeless.
Mark Johnston, room 7266, Department of Housing and Urban Development, 451 Seventh Street SW., Washington, DC 20410; telephone (202) 708-1234; TTY number for the hearing- and speech-impaired (202) 708-2565 (these telephone numbers are not toll-free), or call the toll-free Title V information line at 1-800-927-7588.
In accordance with 24 CFR part 581 and section 501 of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11411), as amended, HUD is publishing this Notice to identify Federal buildings and other real property that HUD has reviewed for suitability for use to assist the homeless. The properties were reviewed using information provided to HUD by Federal landholding agencies regarding unutilized and underutilized buildings and real property controlled by such agencies or by GSA regarding its inventory of excess or surplus Federal property. This Notice is also published in order to comply with the December 12, 1988 Court Order in
Properties reviewed are listed in this Notice according to the following categories: Suitable/available, suitable/unavailable, suitable/to be excess, and unsuitable. The properties listed in the three suitable categories have been reviewed by the landholding agencies, and each agency has transmitted to HUD: (1) Its intention to make the property available for use to assist the homeless, (2) its intention to declare the property excess to the agency's needs, or (3) a statement of the reasons that the property cannot be declared excess or made available for use as facilities to assist the homeless.
Properties listed as suitable/available will be available exclusively for homeless use for a period of 60 days from the date of this Notice. Where property is described as for “off-site use only” recipients of the property will be required to relocate the building to their own site at their own expense. Homeless assistance providers interested in any such property should send a written expression of interest to HHS, addressed to Shirley Kramer, Division of Property Management, Program Support Center, HHS, room 5B-41, 5600 Fishers Lane, Rockville, MD 20857; (301) 443-2265. (This is not a toll-free number.) HHS will mail to the interested provider an application packet, which will include instructions for completing the application. In order to maximize the opportunity to utilize a suitable property, providers should submit their written expressions of interest as soon as possible. For complete details concerning the processing of applications, the reader is encouraged to refer to the interim rule governing this program, 24 CFR part 581.
For properties listed as suitable/to be excess, that property may, if subsequently accepted as excess by GSA, be made available for use by the homeless in accordance with applicable law, subject to screening for other Federal use. At the appropriate time, HUD will publish the property in a Notice showing it as either suitable/available or suitable/unavailable.
For properties listed as suitable/unavailable, the landholding agency has decided that the property cannot be declared excess or made available for use to assist the homeless, and the property will not be available.
Properties listed as unsuitable will not be made available for any other purpose for 20 days from the date of this Notice. Homeless assistance providers
For more information regarding particular properties identified in this Notice (
Fish and Wildlife Service, Interior.
Receipt of applications for recovery permits.
The following applicants have applied for permits to conduct scientific research and/or enhancement under the Endangered Species Act of 1973 (ESA). The Fish and Wildlife Service has received applications for recovery permits from Mr. Joeseph E. Duchamp, West Lafayette, Indiana; U.S. Army Corps of Engineers, Memphis, Tennessee; and Missouri Department of Conservation, Jackson, Missouri.
Submit comments on or before December 30, 2002.
Written data or comments should be submitted to the Regional Director, U.S. Fish and Wildlife Service, Ecological Services, 1 Federal Drive, Fort Snelling, Minnesota 55111-4056.
Mr. Peter Fasbender at (612) 713-5343, or by Fax at (612) 713-5292, e-mail:
Documents and other information submitted with these applications are available for review by any party who requests a copy of such documents from the following office within 30 days of the date of publication of this notice: U.S. Fish and Wildlife Service, Ecological Services, 1 Federal Drive, Fort Snelling, Minnesota 55111-4056,
This notice is provided pursuant to section 10(c) of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531,
Fish and Wildlife Service, Interior.
Notice of receipt of application.
The following applicant has applied for a permit to conduct certain activities with endangered species. This notice is provided pursuant to section
Submit comments on or before December 30, 2002.
Written data or comments should be submitted to the Regional Director, U.S. Fish and Wildlife Service, Ecological Services, 1 Federal Drive, Fort Snelling, Minnesota 55111-4056. Comments must be received within 30 days of the date of this publication.
Mr. Peter Fasbender at (612) 713-5343, or by Fax at (612) 713-5292, e-mail:
The applicant requests an amendment to his permit for scientific take activities of listed species in Region 3 to add the following species for scientific purposes and the enhancement of propagation or survival of the species in the wild, in accordance with listing, recovery outlines, recovery plans and/or other Service work for the species: Canada lynx (
Documents and other information submitted with this application are available for review by any party who submits a written request for a copy of such documents to the following office within 30 days of the date of publication of this notice: Mr. Peter Fasbender, U.S. Fish and Wildlife Service, Ecological Services, 1 Federal Drive, Fort Snelling, Minnesota 55111-4056. Telephone: (612) 713-5343; Fax: (612) 713-5292; e-mail:
Fish and Wildlife Service, Interior.
Notice of availability and receipt of application.
This notice advises the public that Intrawest Resorts, Inc. (IRI) and Snowshoe Mountain, Inc. (SMI), an affiliate of IRI have applied to the U.S. Fish and Wildlife Service (Service) for an incidental take permit (ITP) pursuant to section 10(a)(1)(B) of the Endangered Species Act of 1973 (Act), as amended. The application has been assigned permit number TE-065121. The proposed permit would authorize the incidental take of a federally endangered species, the West Virginia northern flying squirrel (WVNFS) (
The Service announces the receipt of the IRI/SMI ITP application and the availability of the proposed Camp Wilderness Development HCP which accompanies the ITP application, for public comment. In addition, the Service also announces the availability of a draft EA for the proposed issuance of the ITP. This notice is provided pursuant to section 10(c) of the Act and National Environmental Policy Act of 1969 (NEPA) regulations (40 CFR 1506.6).
The Service will evaluate the application, associated documents, and comments submitted thereon to determine whether the application meets the requirements of NEPA regulations and section 10(a) of the Act. If it is determined that the requirements are met, a permit will be issued for the incidental take of the WVNFS. The final NEPA and permit determinations will not be completed until after the end of the 60-day comment period and will fully consider all public comments received during the comment period.
Written comments on the permit application, HCP, and EA should be sent to the West Virginia Field Office (see
Persons wishing to review the permit application, HCP, and draft EA may obtain a copy by writing the Service's West Virginia Field Office, 694 Beverly Pike, Elkins, West Virginia 26241. Requests for the documentation must be in writing to be processed. Written data or comments concerning the permit application, draft EA, and/or HCP should also be addressed to the Field Supervisor, U.S. Fish and Wildlife Service, West Virginia Field Office, Elkins, West Virginia. Please refer to permit TE-0651212 when submitting comments. Documents will also be available for public inspection by written request, by appointment only, during normal business hours (8 to 4:30).
Mr. Jeffrey Towner or Shane Jones, West Virginia Field Office (see
Section 9 of the Act and Federal regulation prohibits the “taking” of a species listed as endangered or threatened. Under the Act, the term “take” means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect listed wildlife, or to attempt to engage in any such conduct. The Service may, under limited circumstances, issue permits to “incidentally take” listed species, if such taking is incidental to, and not the purpose of, otherwise lawful activities. Regulations governing permits for endangered species are promulgated in 50 CFR 17.22.
IRI/SMI have applied to the Service for an incidental take permit pursuant to section 10(a) of the Act. The Applicants propose to implement an HCP for the WVNFS that will allow development construction and subsequent occupancy activities in WVNFS habitat. The Applicant's proposed development may result in take, as defined in the Act and its implementing regulations, of listed species. Authorized take would only affect WVNFS; take of other federally listed species is specifically excluded from the proposed action. This permit would authorize the incidental take of
The Applicant proposes the construction and subsequent occupancy of Camp Wilderness at Snowshoe Mountain. The proposed development consists of approximately 55 buildings containing privately owned residential units, a community building, other community facilities, a shuttle terminal, and a ski trail. Associated amenities (
The anticipated incidental take will be limited to harm through habitat loss as the result of the permanent loss of habitat on 22.5 acres, and temporary loss of habitat on 17.3 acres. Other impacts to the WVNFS associated with the Camp Wilderness development do not rise to the level of take. IRI/SMI propose to implement measures to minimize, mitigate and monitor impacts to the WVNFS and include seasonal clearing restrictions, minimizing indirect effects on WVNFS by occupants of Camp Wilderness, minimizing the Camp Wilderness construction footprint, allowing natural forest regeneration in the Temporary Construction Zone, and establishing a permanent conservation area to provide refuge for the WVNFS.
The draft EA considers the environmental consequences of five alternatives, including a no-action alternative, the proposed action, a high density alternative, a reduced impact alternative and an off-site development alternative.
The Service provides this notice pursuant to section 10(c) of the Act. The Service will evaluate whether the issuance of a section 10(a)(1)(B) ITP complies with section 7 of the Act by conducting an intra-Service section 7 consultation. The results of the biological opinion, in combination with the evaluation of the permit application, the HCP, EA and comments submitted thereon, will be used in the final analysis to determine whether the application meets the requirements of section 10(a) of the Act. If the requirements are met, the Service will issue a permit to IRI/SMI for the incidental take of WVNFS during the proposed construction of Camp Wilderness. We will make the final permit decision no sooner than 60 days from the date of this notice.
The authority for this section is the Endagered Species Act of 1973, as amended (16 U.S.C. 1531
U.S. Fish and Wildlife Service, Department of the Interior.
Notice of availability.
The Salt River Project (SRP) has submitted an application for an incidental take permit (ITP) for the following federally listed and candidate species: southwestern willow flycatcher (
The final EIS includes (in attached volume 3) all comments received on the draft EIS, and responses to those comments. No decision will be made on the proposed action until at least 30 days after publication of this notice of availability of the final EIS in the
Persons wishing to review the final EIS and RHCP may obtain a copy by writing to the Field Supervisor, U.S. Fish and Wildlife Service, 2321 West Royal Palm Road, Suite 103, Phoenix, AZ 85021.
On the EIS, Contact: Ms. Sherry Barrett, Assistant Field Supervisor, Tucson Suboffice, U.S. Fish and Wildlife Service, 110 S. Church, Suite 3450, Tucson, AZ 85701 at 520/670-4617, or Mr. Jim Rorabaugh, Arizona State Office, U.S. Fish and Wildlife Service, 2321 West Royal Palm Road, Suite 103, Phoenix, AZ 85021 at 602/242-0210. For further information on the RHCP, Contact: Mr. John Keane, Executive Environmental Policy Analyst, Salt River Project, P.O. Box 52025, PAB355, Phoenix, AZ 85072-2025 at 602/236-5087, or Mr. Craig Sommers, President, ERO Resources Corporation, 1842 Clarkson Street, Denver, CO 80218 at 303/830-1188.
Read-only downloadable copies of the final EIS and Application documents are available on the Internet at http://arizonaes.fws.gov. A printed or CD copy of the documents is available upon request to Virginia Kasper, Salt River Project, P.O. Box 52025, Phoenix, AZ 85072-2025; (602) 236-3416;
Pursuant to the National Environmental Policy Act (NEPA), this notice advises the public that the Service has gathered the information necessary to (1) determine impacts and formulate alternatives for the EIS, related to the potential issuance of an ITP to SRP; and (2) develop and implement the RHCP, which provides measures to minimize and mitigate the effects of the incidental take of federally listed species to the maximum extent practicable, pursuant to section 10(a)(1)(B) of the Act.
Section 9 of the Act prohibits the “taking” of threatened and endangered species. However, the Service, under limited circumstances, may issue permits to take threatened or endangered wildlife species incidental to, and not the purpose of, otherwise lawful activities. Regulations governing
Copies of the final EIS and RHCP are available for public inspection and review at the following locations (by appointment at government offices):
• Department of the Interior, Natural Resources Library, 1849 C St. NW., Washington, DC 20240.
• U.S. Fish and Wildlife Service, 110 S. Church, Suite 3450, Tucson, AZ 85701
• U.S. Fish and Wildlife Service, 2321 West Royal Palm Road, Suite 103, Phoenix, AZ 85021
• Salt River Project, 1521 Project Drive, Tempe, AZ 85281
• Globe Public Library, 339 S. Broad St., Globe, AZ 85501
• Government Document Service, Arizona State University, Tempe, AZ 85287
• Payson Public Library, 510 W. Main, Payson, AZ 85541
• Phoenix Public Library (Burton Barr Central), 1221 N. Central Ave., Phoenix, AZ 85004
• Tonto Basin Library, 1 School St., Tonto Basin (Punkin Center), AZ 85553
Roosevelt Dam and Reservoir (Roosevelt) is operated by SRP in conjunction with three other reservoirs on the Salt River and two reservoirs on the Verde River as integral features of the Salt River Reclamation Project, authorized by the Reclamation Act of 1902, and pursuant to a 1917 contract with the United States. Since completion in 1911, Roosevelt has provided water for power generation, irrigation, municipal, and other uses. Currently, SRP reservoirs supply water to more than 1.6 million people in the cities of Phoenix, Mesa, Chandler, Tempe, Glendale, Gilbert, Scottsdale, Tolleson, and Avondale. In addition, water is provided to irrigate agricultural lands within SRP and for other uses. Also, water is delivered to the Salt River Pima-Maricopa Indian Community, Fort McDowell Yavapai Nation, Gila River Indian Community, Buckeye Irrigation Company, Roosevelt Irrigation District, Roosevelt Water Conservation District, and others. Roosevelt and the other SRP reservoirs also provide a variety of recreational uses and environmental benefits in central Arizona. Due to dry conditions in central Arizona for the past six years, the water level at Roosevelt has been below normal. As a result, riparian vegetation has invaded and flourished in the portion of Roosevelt historically used by SRP to store water for use in the Phoenix metropolitan area. Animals that use riparian habitat have followed the vegetation growth and now occupy areas within the reservoir. In particular, a population of flycatchers now occupies habitat within the storage space at Roosevelt. Thus, periodic refilling of the reservoir may adversely affect habitat used by the flycatcher, clapper rail, bald eagle, and cuckoo.
The proposed action is the issuance of an ITP for flycatchers, clapper rails, bald eagles, and cuckoos for SRP's operation of Roosevelt, pursuant to section 10(a)(1)(B) of the Act. The activity that would be covered by the permit is the continued operation of Roosevelt by SRP. The area covered by the permit includes Roosevelt up to an elevation of 2,151 feet, the highest point in the reservoir at which water is stored. The requested term of the permit is for a period of 50 years. To meet the requirements of a Section 10(a)(1)(B) permit, SRP has developed and will implement the RHCP, which provides measures to minimize and mitigate incidental take of flycatchers, clapper rails, and bald eagles to the maximum extent practicable, and which ensures that the incidental take will not appreciably reduce the likelihood of the survival and recovery of these species in the wild. The RHCP also addresses potential impacts on a candidate species, the yellow-billed cuckoo.
Two other alternatives that were considered by the Service include the following:
1.
2.
Fish and Wildlife Service, Interior.
Notice of meeting.
The Council will meet to select North American Wetlands Conservation Act (NAWCA) proposals for recommendation to the Migratory Bird Conservation Commission.
The meeting is open to the public.
The meeting will be held on December 3, 2002, at 4 p.m.
The meeting will be held in the Mexican State of Quintana Roo. The Council Coordinator is located at U.S. Fish and Wildlife Service, 4401 N. Fairfax Drive, MBSP-4075, Arlington, Virginia 22203.
David A. Smith, Council Coordinator, (703) 358-1784 or
In accordance with NAWCA (Pub. L. 101-233, 103 Stat. 1968, December 13, 1989, as amended), the State-private-Federal Council meets to consider wetland acquisition, restoration, enhancement and management projects for recommendation to, and final funding approval by, the Migratory Bird Conservation Commission. Proposals require a minimum of 50 percent non-Federal matching funds. The public is welcome to attend the meeting scheduled for December 3, 2002.
Bureau of Land Management, Interior.
Notice of availability of Final Environmental Impact Statement.
The Bureau of Land Management (BLM) announces the availability of the Final Environmental Impact Statement (FEIS) for renewal of
The FEIS will be available on November 26, 2002.
The FEIS and its Executive Summary will be available as a downloadable and searchable Portable Document File (pdf) at the TAPS Renewal EIS Web site,
Hard copies of the six volume FEIS can be requested in writing from Dr. John Krummel, Argonne National Laboratory EAD/900; 9700 South Cass Avenue; Argonne, Illinois 60439.
Hard copies and CDs of the FEIS are available for review at the following public reading rooms.
The FEIS was prepared under authority of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701), as amended; the National Environmental Policy Act of 1969 (42 U.S.C. 4321), as amended; the Council on Environmental Quality Regulations (40 CFR parts 1500-1508); and the Mineral Leasing Act of 1920 (30 U.S.C. 185), as amended, including Title II, the Trans-Alaska Pipeline Authorization Act (43 U.S.C. 1651). Argonne National Laboratory, Argonne, Illinois, prepared the FEIS under BLM's supervision and direction.
Rob McWhorter at the Federal/State Joint Pipeline Office, 411 West 4th Avenue, Suite 2, Anchorage, Alaska 99501, phone (907) 257-1355, or visit the TAPS Renewal EIS Web site,
International Trade Commission.
Institution of antidumping investigation and scheduling of a preliminary phase investigation.
The Commission hereby gives notice of the institution of an investigation and commencement of preliminary phase antidumping investigation No. 731-TA-1022 (Preliminary) under section 733(a) of the Tariff Act of 1930 (19 U.S.C. 1673b(a)) (the Act) to determine whether there is a reasonable indication that an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports from China of refined brown aluminum oxide,
For further information concerning the conduct of this investigation and rules of general application, consult the Commission's rules of practice and procedure, part 201, subparts A through E (19 CFR part 201), and part 207, subparts A and B (19 CFR part 207).
November 20, 2002.
Jim McClure (202-205-3191), Office of Investigations, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its Internet server (
In accordance with §§ 201.16(c) and 207.3 of the rules, each document filed by a party to the investigation must be served on all other parties to the investigation (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service.
This investigation is being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to § 207.12 of the Commission's rules.
By order of the Commission.
On July 26, 2002, the Deputy Assistant Administrator, Office of Division Control, Drug Enforcement Administration (DEA), issued an Order to Show Cause by certified mail to Horst G. Blume, M.D. (Dr. Blume), notifying him of an opportunity to show cause as to why the DEA should not revoke his DEA Certificate of Registration, AB4035146, pursuant to 21 U.S.C. 824(a)(3), and deny any pending applications for renewal of such registration, pursuant to 21 U.S.C. 823(f), on the ground that, effective August 1, 2001, Dr. Blume voluntarily surrendered his medical license to the Iowa Board of Medical Examiners. The Order also notified Dr. Blume that if a request for hearing is not filed within 30 days of receipt, his right to a hearing would be deemed waived.
The Order to Show Cause was sent to Dr. Blume at his DEA registered premises in Sioux City, Iowa. DEA received a signed receipt indicating that the Order to Show Cause was received on behalf of Dr. Blume at that location. since that time, DEA has not received a request for hearing or any other reply form Dr. Blume or anyone purporting to represent him in this matter.
Therefore, the Deputy Administrator, finding that (1) 30 days have passed since the receipt of the Order to Show Cause, and (2) no request for a hearing has been received concludes that Dr. Blume is deemed to have waived his right to a hearing. Following a complete review of the investigative file in this matter, the Deputy Administrator now enters his final order without a hearing pursuant to 21 CFR 1301.4 (d) and (e), and 1301.46.
The Deputy Administrator finds that Dr. Blume currently possesses DEA Certificate of Registration AB4035146, issued to him in Iowa. On July 11, 2001, Dr. Blume submitted a letter to the Iowa Board of Medical Examiners in which he voluntarily surrendered his Iowa medical license and agreed to no longer practice medicine in Iowa, effective August 1, 2001. The letter also stated that Dr. Blume understood that he was not eligible to reapply for medical license in the State of Iowa. The license surrender by Dr. Blume resolved the disciplinary action initiated by the Iowa Board of Medical Examiners. The investigative file contains no evidence that Dr. Blume's medical license has been reinstated in Iowa.
The DEA does not have the statutory authority under the Controlled Substances Act to issue or to maintain a registration if the applicant or registrant is without state authority to handle controlled substances in the state in which he or she practices. See 21 U.S.C. 823(f) and 824(a)(3). This prerequisite has been consistently upheld in prior DEA cases. See Willard W. Leiske, M.D., 67 FR 35,588 (2002); Graham Travers Schuler, M.D., 65 FR 50,570 (2000); Romeo J. Perez, M.D., 62 FR 16, 193 (1997); Demetris A. Green, M.D., 61 FR 60728 (1996); Dominick A. Ricci, M.D., 58 FR 51104 (1993).
In the instant case, the Deputy Administrator finds that there is evidence demonstrating that Dr. Blume is not authorized to practice medicine in Iowa, and therefore, the Deputy Administrator infers that Dr. Blume is also not authorized to handle controlled substances in Iowa, the state in which he holds his DEA Certificate of Registration.
Accordingly, the Deputy Administrator of the Drug Enforcement Administration pursuant to the authority vested in him by 21 U.S.C. 823 and 824 and 28 CFR 0.100(b) and 0.104, hereby orders that the DEA Certificate of Registration AB40335146, previously issued to Horst G. Blume, M.D., be, and is hereby is, revoked. The Deputy Administrator further orders that any pending applications for renewal or modification of said registration be, and hereby are, denied. This order is effective December 30, 2002.
On March 14, 2002, the Deputy Assistant Administrator, Office of
The Order to Show Cause was sent by certified mail to Dr. Castle at his registered location in Seymour, Tennessee. It was also delivered by DEA Investigators to Dr. Castle and his legal counsel on March 19, 2002, at the Blount County Jail in Maryville, Tennessee, where Dr. Castle was incarcerated.
DEA has not received a request for hearing or any other reply from Dr. Castle or anyone purporting to represent him in this matter. Therefore, the Deputy Administrator, finding that (1) 30 days have passed since the receipt of the Order to Show Cause, and (2) no request for a hearing having been received, concludes that Dr. Castle is deemed to have waived his hearing right. After considering material from the investigative file in this matter, the Deputy Administrator now enters his final order without a hearing pursuant to 21 CFR 1301.43(d) and (e) and 1301.46.
On November 4, 1987, Dr. Castle obtained DEA Certificate of Registration Number BC1157076, as a practitioner in Schedules II through V. That registration remained valid until August 31, 2002. Pursuant to 21 CFR 1301.36(i), the Deputy Administrator will extend the registration for purposes of this revocation proceeding. On June 3, 2001, the Sevierville (Tennessee) Sheriff's Department arrested an individual referred herein as “RS,” and charged him with various offenses related to the possession of controlled substances with intent to distribute. At the time of his arrest, “RS” was in possession of controlled substances from prescriptions that were issued by Dr. Castle. During a subsequent interview of “RS” by the Sevierville Sheriff's Department he informed law enforcement authorities that during his association with Dr. Castle, and in exchange for controlled substance prescriptions, he along with his spouse provided personal services to Dr. Castle, including installation of cabinets and repair of a garage door. “RS” further informed law enforcement authorities that on numerous occasions, he and his spouse were able to obtain from Dr. Castle prescriptions for any controlled substance they desired, in exchange for cash. Included among the drugs that Dr. Castle authorized for the couple in exchange for cash were Adderall and OxyContin, both highly abused Schedule II controlled substances. A subsequent investigation by DEA revealed that “RS” sold controlled substances to other individuals from prescriptions issued by Dr. Castle.
“RS” also informed law enforcement authorities that while visiting Dr. Castle's home on a prior occasion, he observed several of Dr. Castle's blank prescription pads unsecured in various parts of Dr. Castle's home, as well as prescriptions vials for controlled substances in the names of other individuals. “RS” also recounted one instance where Dr. Castle provided to him OxyContin tablets for his personal use, and for controlled substances in the names of other individuals. “RS”also recounted one instance where Dr. Castle provided to him OxyContin tablets for his personal use, and for no legitimate medical purpose. “RS” further informed law enforcement authorities that he informed Dr. Castle of his June 3, 2001 arrest on drug possession charges. Nevertheless, a subsequent review by DEA of prescription information regarding “RS” revealed that between January and August 2001, Dr. Castle issued prescriptions totaling 900 dosage units of OxyContin 40mg., and 90 dosage units of OxyContin 80mg. Dr. Castle continued issuing controlled substance prescriptions for “RS” up until October 3, 2001, despite Dr. Castle's knowledge of his drug arrest.
In response to the above information, in August 2001, the Tennessee Bureau of Investigation (TBI), the United States Department of Health and Human Services (HHS), and the Sevierville Sheriff's Department initiated investigation of Dr. Castle's medical practice. During a surveillance of Dr. Castle's office, law enforcement agents observed a high volume of persons entering in, and exiting the office for the purpose of obtaining prescriptions. These office visits typically lasted five minutes or less, and some of these individuals had been identified by local law enforcement agents as having prior drug related convictions and/or under investigation for illegal drug violations.
On October 3, 2001, the State of Tennessee, Department of Health (Department of Health) issued to Dr. Castle a Notice of Charges and Memorandum of Assessment of Civil Penalty. In the Notice of Charges, the Department of Health alleged, among other things, that with respect to its review of Dr. Castle's treatment of eleven patients, Dr. Castle issued prescriptions for controlled substances months before actually examining a patient, and that Dr. Castle dispensed, prescribed, or otherwise distributed controlled substances outside of Dr. Castle's professional practice, and not in good faith to relieve pain or suffering. Specifically, the Department of Health alleged Dr. Castle's improper prescribing with respect to patients referred herein as “DE” and his spouse “JE.”
The Notice of Charges further proposed that Dr. Castle pay civil penalties in the amount of $16,500, and that the State Board of Medicine make a determination as to whether Dr. Castle's medical license be suspended, revoked or otherwise disciplined. That matter is currently pending resolution.
On October 19, 2001, a search warrant was executed at Dr. Castle's office by agents from TBI, HHS, the Tennessee Valley Authority, and the Sevierville County Drug Task Force. During the execution of the warrant, agents seized several patient files, and interviewed an employee of Dr. Castle's office. Dr. Castle's employee confirmed that several of Dr. Castle's patients obtained controlled substance prescriptions in exchange for cash.
On October 19, 2001, Special Agents from HHS, as well as TBI and DEA investigators interviewed a former medical assistant/laboratory technician employed by Dr. Castle's office. The individual informed law enforcement personnel that one occasion, when Dr. Castle was absent from his office in August 2001, Dr. Castle authorized his staff to fill in names, dates, and quantities of controlled substances prescribed on pre-signed prescriptions. These prescriptions were not dated on, or signed on the day when issued as required by 21 CFR 1306.05.
On November 14, 2001, Special Agents from HHS, TBI and the Tennessee Office of Inspector General interviewed another individual herein referred to as “CLF,” a former patient as well as a personal acquaintance of Dr. Castle. “CLF” informed law enforcement personnel that over a period of several months, Dr. Castle routinely prescribed Adderall in “CLF's” name, and had her return portions of the filled prescription to Dr. Castle for his personal use. “CLF” further informed that Dr. Castle never performed a physical examination before writing prescriptions in her name, and that Dr. Castle frequently
In December 2001, Dr. Castle was named as a defendant in a $2,500,000 civil lawsuit filed in Sevier County Circuit Court by a former employee of Dr. Castle's medical practice. The suit alleged in part that Dr. Castle provided pain medications to his former employee when she was sixteen years old, prescribed pain medications while she was pregnant, and contributed to her addiction until the time she left Dr. Castle's employ at the age of twenty-one. The suit further alleges that Dr. Castle's actions contributed to the December 6, 2000, overdose on pain medications by the employee, which eventually led her to seek detoxification the following week. That matter is also pending resolution.
On January 10, 2002, DEA investigators conducted surveys of three pharmacies where several of Dr. Castle's patients had prescriptions filled: the pharmacies were Jabo's Pharmacy located in Newport, Tennessee; Murphy's Sav-Mor Pharmacy located in Jefferson City, Tennessee; and Mugford's Pharmacy located in Knoxville, Tennessee. The surveys revealed, that following the issuance to Dr. Castle of the Notice of Charges, as well as the execution of a search warrant at Dr. Castle's office, Dr. Castle continued to issue numerous Schedule II through IV controlled substance prescriptions for “DE” and “JE.” As noted above in paragraph six, the Department of Health alleged Dr. Castle's improper prescribing with respect to patients “DE” and his spouse “JE.” DEA's investigation revealed that between October 15, 2001 to January 12, 2002, these individuals had their prescriptions filled at different pharmacies including each of the above pharmacies.
DEA's review of prescriptions authorized by Dr. Castle, and obtained from Murphy's Sav-Mor Pharmacy revealed a Dandridge, Tennessee home address for “DE” and “JE.” Yet, a review of written prescriptions filled by “DE” and “JE” at Mugford's Pharmacy revealed a Knoxville, Tennessee home address for the couple. These addresses were not included on the prescriptions that were issued by Dr. Castle, and were added to the prescriptions by someone other than Dr. Castle. A subsequent investigation by DEA revealed that Dr. Castle failed to list addresses on prescriptions issued to “DE” and “JE,” as well as numerous prescriptions issued to other patients, as required by 21 CFR 1306.05(a).
On February 11, 2002, Special Agents from HHS, TBI and the Tennessee Office of Inspector General interviewed an individual herein referred to as “JS.” “JS” informed law enforcement officials that he had a long-term history of narcotic abuse and had purchased OxyContin from “RS” (referenced in paragraphs two through four above). “JS” further informed that Dr. Castle wrote prescriptions for OxyContin and Adderall for him in the name of the wife of “JS.” “JS” further informed law enforcement personnel that his wife had never been to Dr. Castle's office, and was not aware that Dr. Castle issued prescriptions in her name for “JS.” “JS” also informed that Dr. Castle created fictitious patient information in the name of his wife. Law enforcement personnel from the above agencies later conducted an interview of the wife of “JS” and she confirmed that she had never received any controlled substance prescriptions from Dr. Castle, nor had she ever visited Dr. Castle's office.
The investigation of Dr. Castle's practice also revealed that on or around September 6, 2001, “JS” requested that Dr. Castle send to him a prescription for OxyContin in his wife's name. Several days later, “JS” found the requested prescription in his mail box in his wife's name, which had been mailed from Dr. Castle's office and signed by Dr. Castle. DEA's investigation further revealed that between November and December 2001, Dr. Castle issued several Schedule II controlled substance prescriptions for “JS” in his wife's name.
On February 21, 2002, the Sevier County Street Crimes Unit executed a search warrant at Dr. Castle's medical practice. During the execution of the warrant, law enforcement officers recovered from Dr. Castle's person several syringes, including some that had been used. The syringes contained Adderall.
In November 2001, Dr. Castle was indicted in the United States District Court, Eastern District of Tennessee, on one count of possession of child pornography. However, after posting a $50,000 bond, Dr. Castle was granted pretrial release on November 7, 2001. As a condition of Dr. Castle's release, Dr. Castle was ordered not to download child pornography from Dr. Castle's personal computer, carry a firearm, or engage in the personal use of drugs. Nevertheless, an investigation by the Tennessee Office of Inspector General revealed that Dr. Castle continued to download child pornography in violation of a condition set by Dr. Castle's pretrial release. As a result, on February 26, 2002, the court ordered the revocation of Dr. Castle's bond, and further ordered Dr. Castle detained until Dr. Castle's May 7, 2002, trial on a charge of possession of child pornography.
In view of the foregoing, and pursuant to 21 U.S.C. 824(d), I find that Christopher E. Castle, M.D. has been responsible for the diversion of large quantities of controlled substances into other than legitimate medical channels. It is my conclusion that Dr. Castle has committed such acts as would render his continued registration inconsistent with the public interest. 21 U.S.C. 824(a)(4). Accordingly, the Deputy Administrator of the Drug Enforcement Administration, pursuant to the authority vested in him by 21 U.S.C. 823 and 824 and 28 CFR 0.100(b) and 0.104, hereby orders that DEA Certificate of Registration BC1157076, issued to Christopher E. Castle, M.D. be, and it hereby is, revoked. The Deputy Administrator further orders that any pending applications for renewal or modifications of such registration be, and they hereby are, denied. This order is effective December 30, 2002.
On January 28, 2002, the Administrator of the Drug Enforcement Administration (DEA), issued an Order to Show Cause and Notice of Immediate suspension of Registration to Joseph H. Talley, M.D. (Respondent) of Grover, North Carolina. The Respondent was notified of an opportunity to show cause as to why DEA should not revoke his DEA Certificate of Registration AT2853706, as a practitioner, and deny any pending applications for renewal of such registration pursuant to 21 U.S.C. 823(f) and 824(a) for reason that his continued registration would be inconsistent with the public interest. The order further notified the Respondent that his DEA registration was immediately suspended as an imminent danger to the public health and safety pursuant to 21 U.S.C. 824(d).
The order to Show Cause and Notice of Immediate Suspension alleged the following:
1. (The Respondent) is registered with DEA as a practitioner under DEA Registration No. AT2853706 for Schedules II, II-N, III, III-N, IV and V. The DEA registration was last renewed
2. (The Respondent) regularly engaged in the practice of prescribing excessive amounts of controlled substances, including combinations of Schedule II and III controlled substances such as OxyContin (II), Methodone (II) and Hydrocodone (III), along with a benzodiazepine such as Alprazolam (IV), to patients for no legitimate medical reason. (The Respondent's) patients have been associated with drug trafficking and drug abuse, and numerous patients have died due to drug overdose. The North Carolina Medical Board has filed charges alleging, in part, that (the Respondent's) practice of dispensing controlled substances falls below acceptable standards of care. Finally, (the Respondent has) circumvented DEA regulations by, in effect, post-dating Schedule II controlled substance prescriptions and maintaining at (his) registered location controlled substances that allegedly were returned to (the Respondent) by (his) patients.
3. During an interview with North Carolina investigators on March 13, 2001, (the Respondent) stated that (his) normal prescribing practice is to use at least two (2) opiates along with antidepressants, and that (he uses) Xanax and Klonopin because Xanax is short acting and Klonopin lasts longer. (The Respondent) also said that modern pain management calls for maintaining a level of drugs in the patient's system all the time, and at least 50 percent pain-related patients also suffer from anxiety and depression.
4. (The Respondent's) patients routinely received minimal or no medical examinations prior to receiving controlled substance prescriptions. Some of these patients were out-of-state patients who were treated after telephone consultations. (The Respondent has) numerous patients who are out-of-state patients from states including Tennessee, South Carolina, Georgia, Oklahoma, California, Wisconsin, Missouri, Rhode Island, New Jersey, New York, Louisiana, Florida and Alabama. Most of these patients were interviewed over the telephone rather than seen in person. The patients describe their symptoms during a telephone call every three months and receive prescriptions for controlled substances.
5. DEA obtained the prescription profiles of mail order customers of Medi Fare Drug Center, 100 Laurel Avenue, PO Box 309, Grover, NC 28073. The profiles revealed that approximately 60 customers were (the Respondent's) patients who lived in north central South Carolina, an hour or so distance from Grover, NC. Many of these patients received excessive amounts, in combination, of the following controlled substances: Morphine Sulfate (Schedule II), Methadone (Schedule II), Oxycodone (Schedule II), Hydromorphone (Schedule II), Hydrocodone (Schedule (III), Hydromorphone (Schedule II), Hydrocodone (Schedule III), Alprazolam (Schedule IV), Diazepam (Schedule IV), and/or Ambien (Schedule IV).
6. For instance, the prescription profiles of the following mail order customers revealed that:
A. Patient Sally B. received prescriptions for, among other things:
B. Patient Debra M. received prescriptions for, among other things:
C. Patient George N. received prescriptions for, among other things:
D. Patient James W. received prescriptions for, among other things:
E. Patient Debra C. received prescriptions for, among other things:
F. Patient Charles K. received prescriptions for, among other things:
7. (The Respondent's) patients have been observed in (his) office discussing what prescriptions they would obtain from (him) and what they planned to do with the medication after obtaining it.
8. (The Respondent's) patients have been implicated in drug dealing activities. For instance, (the Respondent) prescribed OxyContin for (his) patient, Debra M, who was known to trade her OxyContin for Methadone tablets. She also sold OxyContin for the following prices:
9. (The Respondent has) two patients who are husband and wife, Jerry C. and Carol C., both of whom are engaged in the abuse of Methadone. (The Respondent) continued to prescribe Methadone to them even though (he) knew or had reason to know that Jerry C. and Carol C. were abusing Methadone. When she rolled up her sleeves, Carol C.'s arms were covered with sores and her veins displayed huge knots consistent with drug abuse. Despite being informed that Jerry C. and Carol C. both admitted to drug abuse, (The Respondent) continued to write controlled substance prescriptions for them.
10. (The Respondent has) written controlled substance prescriptions for pregnant women and told them that taking narcotics would not harm their newborn babies. The newborn baby of one of (the Respondent's) former patients, Alice P., was born addicted to Methadone.
11. On May 14, 1999, (the Respondent) contacted the Spartanburg County, SC, Coroner's Office and spoke to (a representative from that office) regarding the death of Darrell S. During that conversation, (the Respondent) stated that the Spartanburg Co. Coroner's Office would be seeing (the Respondent's) name and the name of (his) clinic more often because doctors in Spartanburg would not give “these people” the medications that they needed, and sometimes (the Respondent) lose(s) some.
12. At least 23 of (the Respondent's) former patients have died, in part, due to drug overdoses.
13. On June 6, 2001, patient Teresa B., died of a drug overdose. (The Respondent) saw her as a patient on or about the day of her death and (he) issued her a prescription for controlled substances, including but not limited to Methadone. Teresa B. was known to receive a prescription for more than 100 Methadone tablets per month. During the evening hours of the date in which Teresa B. died, another one of (the Respondent's) patients, Debra M., visited the residence of Teresa B., for the purpose of exchanging Debra M.'s OxyContin for Teresa B.'s Methadone.
14. Debra M. traded her OxyContin that she received, based upon (the Respondent's) prescriptions, with Teresa B. as well as other drug abusers. Debra M. would exchange one (1) OxyContin 80 mg tablets for two (2) Methadone 40 mg tablets and had, over a period of time, exchanged hundreds of OxyContin tablets with Teresa B. Debra M. also engaged in sales of large quantities of OxyContin tablets.
15. On March 17, 2001, Kimberly (P.), age 24, died. She and her husband were (Respondent's) patients and both were drug abusers. A prescription profile from Fallston Pharmacy, Fallston, NC, indicated that Kimberly (P.) received prescriptions from the Respondent for the following:
16. During the months of February and March 2001, Kimberly (P.'s) husband, Timothy (P.) received prescriptions from (the Respondent) that were filled at Fallston Pharmacy for the following medications:
17. A prescription profile for Kimberly (P.) for the same time period from Medi Fare Drug Center, Grove, NC, indicated that she received prescriptions from (the Respondent) for the following:
18. During the months of February and March 2001, Kimberly (P.'s) husband, Timothy (P.), received prescriptions from (the Respondent) that were filled at Medi Fare Drug Center, Grover, NC, for the following:
19. On or about April 12, 2001, Roger H., 50 years old, died at his home. Numerous pills were found on and around his body. The decedent was (the Respondent's) former patient and had completed rehabilitation for opiate abuse during December 2000. (The Respondent's) office was advised in January 2001 that Roger H. had recently undergone drug rehabilitation treatment. The cause of death was overdose of Oxycodone. The blood level of Oxycodone was .55 mg/L, which was well above the therapeutic level of .05 mg/L, and even above the potentially lethal level of .4 mg/L. The Respondent prescribed to the decendent #120 OxyContin, #63 Percocet and an unknown quantity of Roxicodone per month.
20. On March 26, 2001, DEA became aware of five (5) recent deaths of individuals residing in Union County, SC. Each of these individuals were former patients of (the Respondent). These individuals included: Terry J., Marshall S., George N., Debra G., and Tracey C. The cause of death for each of the patients, with the exception of Tracey C., was drug overdose. Although Tracey C's death was ruled to be due to cardiac arrhythmia, he had a history of drug abuse and his blood contained metabolites of controlled substances. Tracey C. and Terry J. were known to have obtained OxyContin from Debra M., and Debra M. was one of (the Respondent's) patients.
a. Terry J. died of respiratory insufficiency secondary to synergistic drug overdose.
b. Marshall S. died of respiratory arrest secondary to drug overdose.
c. George N died of respiratory insufficiency secondary to synergistic drug overdose.
d. Debra G. died of respiratory arrest from cardiomyopathy, but multiple drug ingestion was a contributing factor.
21. On December 4, 2001, DEA received from the North Carolina Office of the Chief Medical Examiner, among other things, copies of six (6) autopsy reports of former patients of (the
a. David M., 3/27/01.
b. Pamela Jean B., 1/5/00.
c. Clifford Ray G., 4.13/00.
d. David B., 8/16/00.
e. Adenna S., 12/3/00.
22. On October 10, 2001, the North Carolina Medical Board (Medical Board) issued a Notice of Charges and Allegations against (the Respondent). The complaint alleged that (the Respondent) self-prescribed, diverted and stockpiled the weight-loss drug Pondimin (Fenfluramine) for personal consumption without conferring with or receiving a prescription from (his) personal physician. In addition, the Medical Board alleged that (the Respondent) deviated from acceptable standards of medical care in a manner directly related to (his) dispensation and prescription of controlled substances. Specifically, the Medical Board alleged, with regard to (his) treatment of patients, (the Respondent):
a. Failed to perform adequate physical or objective examinations in order to properly evaluate or diagnose the etiology of patients' complaints;
b. Failed to perform follow-up physician examinations of patients including appropriate laboratory studies to rule out or confirm the causes of pain prior to instituting opioid therapy;
c. Failed to inquire during each patient visit as to whether patients received medications from other physicians or sources even though (the Respondent) knew or had reason to believe that many patients had a history of inappropriately obtaining drugs or engaging in substance abuse;
d. Failed to monitor patient compliance with (the Respondent's) prescribed therapeutic regime through appropriate laboratory studies and fluid screens even though (he) knew or had reason to believe that many patients had a history of inappropriately obtaining drugs or engaging in substance abuse.
e. Failed to insist that all prescriptions for each patient be filled at a single pharmacy in order to adequately monitor patient care even though (the Respondent) knew or had reason to know that many patients had a history of inappropriately obtaining drugs or engaging in substance abuse;
f. Failed to measure the degree and variations of pain symptoms in order to properly evaluate the effectiveness of therapy; and
g. Failed to vary treatment or attempt non-opioid therapy, even though (the Respondent) knew or had reason to believe that many patients had a history of inappropriately obtaining drugs or engaging in substance abuse.
22. On or about June 11, 2001, (the Respondent was) informed by DEA investigative personnel that (he was) not permitted to possess controlled substances that had been dispensed to (his) patients by virtue of prescriptions written by (the Respondent). (The Respondent) told DEA investigative personnel that (he) had been collecting and storing patients' controlled substances. These patients reportedly could no longer take their medications, sometimes due to allergic reactions. (The Respondent) said that (he) would write the patient a new prescription for a different medication and take possession of the old, discontinued controlled substance. DEA personnel informed (the Respondent) that the patients' controlled substances belonged to them and that (the Respondent) could not possess them.
23. On October 3, 2001, DEA and state investigative personnel conducted an audit of the controlled substances at (the Respondent's) registered location. In a closet, they located a cabinet full of controlled substances that (the Respondent) took from (his) patients when (he) changed their medications. Investigators told (the Respondent), as they had on June 11, 2001, that once the controlled substance has been dispensed to the patient, (the Respondent) could not possess it. DEA completed its audit of (the Respondent's) registered premises on October 4, 2001, and then destroyed hundreds of dosage units of controlled substances, including, but not limited to Methadone, OxyContin, Oramorph, Methylphenidate and Hydromorphone.
24. (The Respondent) circumvented DEA regulations by issuing multiple prescriptions for a 30-day supply of controlled substances, including those in Schedule II, to patients including but not limited to patient Teresa B. The prescriptions included the phrase “do not fill until (insert date, either 30 or 60 days from the date on the prescription).” The patients would then return to the Medi Fare Drug Center on a monthly basis, either 30 or 60 days after their visit to (the Respondent's) office, to fill their prescription(s). This had the effect of circumventing DEA regulations by, in effect, permitting (the Respondent's) patients to obtain refills of Schedule II prescriptions. Under DEA regulations, prescriptions are to be dated as of the date of issue.
By letter dated February 26, 2002, the Respondent requested a hearing in this matter. After the parties filed respective prehearing submissions, on June 26, 2002, the Government filed a Request for Stay of Proceedings and Motion for Summary Disposition. In support of its motion, the Government asserted that on June 20, 2002, the Medical Board issued Findings of Fact, Conclusions of Law and Order of Discipline in a disciplinary proceeding against the Respondent. The Medical Board's action resulted in the indefinite suspension of the Respondent's medical license, effective April 18, 2002.
On March 28, 2002, Administrative Law Judge Gail A. Randall (Judge Randall) issued her opinion, Order, and Recommended Ruling of the Administrative Law Judge (Opinion and Recommended Ruling). In her Opinion and Recommended Ruling, Judge Randall granted the Government's motion for summary disposition, and found that the Respondent lacks authorization to handle controlled substances in the State of North Carolina, and that the Respondent's medical license is unlikely to be reinstated in the near future.
In granting the Government's motion, Judge Randall also recommended that the Respondent's DEA registration be revoked and any pending applications for modification or renewal be denied. Neither party filed exceptions to her Opinion and Recommended Ruling, and on August 21, 2002, Judge Randall transmitted the record of these proceedings to the Office of the Deputy Administrator.
The Deputy Administrator has considered the record in its entirety, and pursuant to 21 CFR 1316.67, hereby issues his final order based upon findings of fact and conclusions of law as hereinafter set forth. The Deputy Administrator adopts, in full, the Opinion and Recommended Ruling of the Administrative Law Judge.
The Deputy Administrator finds that in its June 20, 2002 Order, the Medical Board reached findings that were alleged in its October 10, 2001 Notice of Charges. Those findings included
There is no evidence before the Deputy Administrator to rebut findings that effective April 18, 2002, the Respondent's license to practice medicine in the State of North Carolina was indefinitely suspended and that he is not eligible to petition for reinstatement of that license until April 18, 2003. Therefore, the Deputy Administrator finds that since the Respondent is not currently authorized to practice medicine in North Carolina, it is reasonable to infer that he is not authorized to handle controlled substances in that state.
DEA does not have statutory authority under the Controlled Substances Act to issue or maintain a registration if the applicant or registrant is without state authority to handled controlled substances in the state in which he conducts business. See 21 U.S.C. 802(21), 823(f) and 824(a)(3). This prerequisite has been consistently upheld. See Joseph Thomas Allevi, M.D., 67 FR 35581 (2002); Dominick A. Ricci, M.D., 58 FR 51104 (1993); Bobby Watts, M.D., 53 FR 11919 (1988).
The parties do not dispute the fact that Respondent is currently without authorization to handle controlled substances in North Carolina. Therefore, it is well settled that when no question of material fact is involved, a plenary, adversary administrative proceeding involving evidence and cross-examination of witnesses is not obligatory. See Gilbert Ross, M.D., FR 8664 (1996); Philip E. Kirk, M.D., 48 FR 32,887 (1983), aff'd sub nom Kirk v. Mullen, 749 F.2d 297 (6th Cir. 1984); NLRB v. International Association of Bridge, Structural and Ornamental Ironworkers, AFL-CIO, 549 F.2d 634 (9th Cir. 1977). This standard also applies in matters involving the immediate suspension of a DEA Certificate of Registration under 21 U.S.C. 824(d). Chemical Dependence Associates of Houston, 58 FR 3705 (July 12, 1993).
Here, it is clear that the Respondent is not licensed to handle controlled substances in North Carolina. Since Respondent lacks such authority, he is not entitled to a DEA registration in that state. In light of the above, Judge Randall properly granted the Government's Motion for Summary Disposition.
Because the Respondent is not entitled to a DEA registration in North Carolina Due to his lack of state authorization to handle controlled substances, the Deputy Administrator concludes that it is unnecessary to address whether the Respondent's registration should be revoked based upon the other grounds asserted in the Order to Show Cause and Notice of Immediate Suspension of Registration.
Accordingly, the Deputy Administrator of the Drug Enforcement Administration, pursuant to the authority vested in him by 21 U.S.C. 823 and 824 and 28 CFR 0.100(b) and 0.104, hereby orders that DEA Certificate of Registration, AT2853706, issued to Joseph H. Talley, M.D., be, and it hereby is, revoked. The Deputy Administrator further orders that any pending applications for renewal of such registration be, and they hereby are, denied. This order is effective December 20, 2002.
On May 13, 2002, the Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration (DEA), issued an Order to Show Cause to Clark G. Triftshauser, M.D. (Dr. Triftshauser) of Albion, New York, notifying him of an opportunity to show cause as to why DEA should not revoke his DEA Certificate of Registration, BT5294866, under 21 U.S.C. 824(a), and deny any pending applications for renewal or modification of that registration. As a basis for revocation, the Order to Show Cause alleged that Dr. Triftshauser is not currently authorized to handle controlled substances in New York, the state in which he practices. The OTSC also alleged that Dr. Triftshauser had been convicted of a felony related to controlled substances and had otherwise committed acts that would render his registration inconsistent with the public interest. The order notified Dr. Triftshauser that should no request for a hearing be filed within 30 days, his hearing right would be deemed waived.
The Order to Show Cause was sent by certified mail to Dr. Triftshauser at his registered location in Albion, New York and to the new York State Groveland Correctional Facility in Sonyea, New York, where Dr. Triftshauser is presently incarcerated. DEA received a signed receipt indicating that the Order to Show Cause was received on Dr. Triftshauser's behalf at the correctional facility on May 20, 2002. DEA has not received a request for hearing or any other reply from Dr. Triftshauser or anyone purporting to represent him in this matter. Therefore, the Deputy Administrator, finding that (1) 30 days have passed since the receipt of the Order to Show Cause, and (2) no request for a hearing having been received, concludes that Dr. Triftshauser is deemed to have waived his hearing right. After considering material from the investigative file in this matter, the Deputy Administrator now enters his final order without a hearing pursuant to 21 CFR 1301.43(d) and (e) and 1301.46.
The Deputy Administrator finds that on October 28, 1987, Dr. Triftshauser was issued DEA Certificate of Registration, AT6847240, in Schedules II through V. In 1987, Dr. Triftshauser's medical license was suspended after it was discovered that he had obtained Dexedrine, a Schedule II controlled substance, for his personal use. On March 21, 1991, Dr. Triftshauser surrendered his New York state medical license after it was discovered that over a thirty-two month period, he had obtained hydrocodone syrup (a Schedule III controlled substance) for his personal use. As a result, on December 14, 1991, Dr. Triftshauser surrendered DEA Certificate of Registration, AT6847240.
On June 30, 1994, Dr. Triftshauser's medical license was restored and he was placed on a five-year period of probation. As part of his probation, he agreed to refrain from the personal use of controlled substances and submit to random urinalysis for detection of any misuse of drugs. These urine screens were to be administered by the Committee for Physicians' Health of the State of New York Medical Society (“CPH”).
In May 1995, Dr. Triftshauser submitted a new application for DEA Certificate of Registration. He materially falsified that application by failing to disclose the 1987 suspension of his New York medical license, as well as his
In November 1998, Dr. Triftshauser underwent a random urine screen. The screen came back positive for Librium (chlordiazepoxide), a Schedule IV controlled substance. As a result of your positive drug screen, Dr. Triftshauser was referred by CPH for evaluation of further drug treatment and increased urine monitoring.
Following Dr. Triftshauser's second stint of drug evaluation and treatment, he was referred to a Medina, New York, physician, who agreed to employ him in his practice and act as his program monitor. In or around 2001, an investigation by the New York State Department of health, state Board of Professional Medical Conduct, (the Board) revealed that between September 2000 and February 2001, Dr. Triftshauser falsified seven prescriptions for Lortab, a Schedule III controlled substance, and later presented them to be filled at several pharmacies. Specifically, Dr. Triftshauser falsely represented that the above prescriptions were issued to him by his employing physician.
On February 21, 2001, Dr. Triftshauser was arrested in Genesee County, New York, and charged with criminal possession of a forged instrument (prescription). Following his pre-trial release from prison, he was arrested on March 29, 2001, by the Medina New York Police Department and charged with forgery of a controlled substance. He was subsequently indicted on two counts of criminal possession of a forged instrument, two counts of criminal possession of a controlled substance, and two counts of falsifying business records. On February 8, 2002, in the Orleans County District Court State of New York, Dr. Triftshauser entered a guilty plea to one count of criminal possession of a forged instrument. He was sentenced to imprisonment of between two and seven years and assessed a fine of $5,000. Therefore, he has been convicted of a felony related to controlled substances. 21 U.S.C. 824(a)(2).
On July 20, 2001, the Board issued a Final Order revoking Dr. Triftshauser's license to practice medicine. His medical license has not been reinstated. Therefore, he is not currently authorized to handle controlled substances in the State of New York. 21 U.S.C. 824(a)(3).
DEA does not have statutory authority under the Controlled Substances Act to issue or maintain a registration if the applicant or registrant is without state authority to handle controlled substances in the state in which he conducts business. See 21 U.S.C. 802(21), 823(f) and 824(a)(3). This prerequisite has been consistently upheld. See Muttaiya Darmarajeh, M.D., 66 FR 52936 (2001); Dominick A. Ricci, M.D., 58 FR 51104 (1993); Bobby Watts, M.D., 53 FR 11919 (1988).
Here, it is clear that Dr. Triftshauser is not licensed to handle controlled substances in the State of New York, where he is registered with DEA. Therefore, he is not entitled a DEA registration in that state. Moreover, Dr. Triftshauser has been convicted of a felony relating to controlled substances and has otherwise committed such acts as would render his registration inconsistent with the public interest.
Accordingly, the Deputy Administration of the Drug Enforcement Administration, pursuant to the authority vested in him by 21 U.S.C. 823 and 824 and 28 CFR 0.100(b) and 0.104, hereby orders that DEA Certificate of Registration BT5294866, issued to Clark G. Triftshauser, M.D., be, and it hereby is, revoked. The Deputy Administrator further orders that any pending applications for renewal of such registration be, and they hereby are, denied. This order is effective December 30, 2002.
On June 18, 2001, the Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration (DEA), issued an Order to Show Cause to Johnnie Melvin Turner, M.D. (Dr. Turner) of Chicago Illinois, notifying him of an opportunity to show cause as to why DEA should not revoke his DEA Certificate of Registration, BT5794866 under 21 U.S.C. 824(a), and deny any pending applications for renewal or modification of that registration. As a basis for revocation, the Order to Show Cause alleged that Dr. Turner is subject to a ten year exclusion from participation in Medicare. The order also notified Dr. Turner that should no request for a hearing be filed within 30 days, his hearing right would be deemed waived.
The Order to Show Cause was sent by certified mail to Dr. Turner at his work address in Chicago, Illinois. The letter was returned unclaimed. A second Order to Show Cause was sent on October 17, 2001, by certified mail, to another address where Dr. Turner was purportedly working. Again, the letter was again returned unclaimed, and DEA has been unable to determine Dr. Turner's current whereabouts. DEA has not received a request for hearing or any other reply from Dr. Turner or anyone purporting to represent him in this matter. Therefore, the Deputy Administrator, finding that (1) 30 days have passed since the receipt of the Order to Show Cause, and (2) no request for a hearing having been received, concludes that Dr. Turner is deemed to have waived his hearing right. After considering material from the investigative file in this matter, the Deputy Administrator now enters his final order without a hearing pursuant to 21 CFR 1301.43(d) and (e) and 1301.46.
The Deputy Administrator finds that Dr. Turner currently possesses DEA Certificate of Registration BT5794866. That registration expired on November 2000, but the Deputy Administrator hereby extends the registration for purposes of this revocation proceeding. 21 CFR 1301.37(i). The Deputy Administrator further finds that from January 6, 1992 to April 1994, Dr. Turner, along with two other individuals, submitted numerous fraudulent claims in excess of $100,000 to the Illinois Medicare-Part B Program, by billing for services that were not rendered, and as a result, Dr. Turner obtained fees that he was not entitled to.
As a result of Dr. Turner's fraudulent activity, in September 1998, he was indicted in the United States District Court, Northern District of Illinois (Eastern Division) on eleven felony counts related to his improper billing practices. On October 20, 1998, he entered a guilty plea to one felony count of mail fraud. On May 11, 1999, he was sentenced five years probation and ordered to pay restitution of $106,132 to the United States Department of Health and Human Services.
As a result of Dr. Turner's conviction, on August 31, 1999, he was notified by the Department of Health and Human Services of his ten-year mandatory exclusion from participation in the Medicare program pursuant to 42 U.S.C. 1320a-7(a). Effective September 17, 1999, the Illinois Department of Public Aid terminated him from that State's Medical Assistance Program. Exclusion from Medicare is an independent ground for revoking a DEA registration. 21 U.S.C. 824(a)(5).
Accordingly, the Deputy Administrator of the Drug Enforcement Administration, pursuant to the authority vested in him by 21 U.S.C. 823 and 824 and 28 CFR 0.100(b) and 0.104, hereby orders that DEA Certificate of Registration BT5794866, issued to Johnnie Melvin Turner, M.D., be, and it hereby is, revoked. The Deputy Administrator further orders that any pending applications for renewal of such registration be, and they hereby are, denied. This order is effective December 30, 2002.
60-Day Notice of Information Collection Under Review; Project Speak Out! Biographical Information/Program Eligibility Questionnaire and Project Speak Out! Initial Interview Form; Forms I-908 and I-909.
The Department of Justice, Immigration and Naturalization Service has submitted the following information collection request for review and clearance in accordance with the Paperwork Reduction Act of 1995. The proposed information collection is published to obtain comments from the public and affected agencies. Comments are encouraged and will be accepted for sixty days until January 28, 2003.
Written comments and suggestions from the public and affected agencies concerning the proposed collection of information should address one or more of the following four points:
(1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
(2) Evaluate the accuracy of the agencies estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to be collected; and
(4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology,
(1)
(2)
(3)
(4)
(5)
(6)
If you have additional comments, suggestions, or need a copy of the proposed information collection instrument with instructions, or additional information, please contact Richard A. Sloan 202-514-3291, Director, Regulations and Forms Services Division, Immigration and Naturalization Service, U.S. Department of Justice, Room 4034, 425 I Street, NW., Washington, DC 20536. Additionally, comments and/or suggestions regarding the item(s) contained in this notice, especially regarding the estimated public burden and associated response time may also be directed to Mr. Richard A. Sloan.
If additional information is required contact: Mr. Robert B. Briggs, Clearance Officer, United States Department of Justice, Information Management and Security Staff, Justice Management Division, 601 D Street, NW., Patrick Henry Building, Suite 1600, Washington, DC 20530.
Immigration and Naturalization Service, Justice.
Notice of meeting.
1. Introduction of the Committee members.
2. Discussion of administrative issues.
3. Discussion of activities since last meeting.
4. Discussion of specific concerns and questions of Committee members.
5. Discussion of future traffic trends.
6. Discussion of relevant written statements submitted in advance by members of the public.
7. Scheduling of next meeting.
Pursuant to Title V of the North American Free Trade Agreement Implementation Act (Pub. L. 103-182) concerning transitional adjustment assistance, hereinafter called NAFTA-TAA and in accordance with Section 250(a), Subchapter D, Chapter 2, Title II, of the Trade Act of 1974, as amended (19 U.S.C. 2273), an investigation was initiated on September 5, 2002, in response to a petition filed by the Bristol Bay Native Association on behalf of State of Alaska Commercial Fisheries Entry Commission Permit #60501X, Egegik, Alaska.
The workers stopped fishing on July 20, 1999, more than one year from the September 5, 2002, petition date. Section 223(b)(1) of the Trade Act of 1974, as amended, provides that a certification may not apply to a worker whose separation from employment occurred more than one year prior to the date the petition was filed.
Consequently, further investigation in this case would serve no purpose, and the investigation has been terminated.
Pursuant to Title V of the North American Free Trade Agreement Implementation Act (Pub. L. 103-182) concerning transitional adjustment assistance, hereinafter called NAFTA-TAA and in accordance with Section 250(a), Subchapter D, Chapter 2, Title II, of the Trade Act of 1974, as amended (19 U.S.C. 2273), an investigation was initiated on September 5, 2002, in response to a petition filed by the Bristol Bay Native Association on behalf of State of Alaska Commercial Fisheries Entry Commission Permit #5623OM, Levelock, AL.
The workers stopped fishing in 2000, more than one year from the September 5, 2002, petition date. Section 223(b)(1) of the Trade Act of 1974, as amended, provides that a certification may not apply to a worker whose separation from employment occurred more than one year prior to the date the petition was filed.
Consequently, further investigation in this case would serve no purpose, and the investigation has been terminated.
Pursuant to Title V of the North American Free Trade Agreement Implementation Act (Pub. L. 103-182) concerning transitional adjustment assistance, hereinafter called NAFTA-TAA and in accordance with Section 250(a), Subchapter D, Chapter 2, Title II, of the Trade Act of 1974, as amended (19 U.S.C. 2273), an investigation was initiated on September 5, 2002, in response to a petition filed by the Bristol Bay Native Association on behalf of State of Alaska Commercial Fisheries Entry Commission Permit #56217N, New Stuyahok, Alaska.
The workers stopped fishing in 2000, more than one year from the September 5, 2002, petition date. Section 223(b)(1) of the Trade Act of 1974, as amended, provides that a certification may not apply to a worker whose separation from employment occurred more than one year prior to the date the petition was filed.
Consequently, further investigation in this case would serve no purpose, and the investigation has been terminated.
Pursuant to Title V of the North American Free Trade Agreement Implementation Act (Pub. L. 103-182) concerning transitional adjustment assistance, hereinafter called NAFTA-TAA and in accordance with section 250(a), subchapter D, chapter 2, Title II, of the Trade Act of 1974, as amended (19 U.S.C. 2273), an investigation was initiated on September 5, 2002, in response to a petition filed by the
The workers stopped fishing in 2000, more than one year from the September 5, 2002, petition date. Section 223(b)(1) of the Trade Act of 1974, as amended, provides that a certification may not apply to a worker whose separation from employment occurred more than one year prior to the date the petition was filed.
Consequently, further investigation in this case would serve no purpose, and the investigation has been terminated.
Pursuant to Title V of the North American Free Trade Agreement Implementation Act (Pub.L. 103-182) concerning transitional adjustment assistance, hereinafter called NAFTA-TAA and in accordance with Section 250(a), Subchapter D, Chapter 2, Title II, of the Trade Act of 1974, as amended (19 U.S.C. 2273), an investigation was initiated on September 5, 2002, in response to a petition filed by the Bristol Bay Native Association on behalf of State of Alaska Commercial Fisheries Entry Commission Permit #58934R, Iliamna, Alaska.
The workers did not fish from 2000 through September 2002, more than one year from the September 5, 2002, petition date. Section 223(b)(1) of the Trade Act of 1974, as amended, provides that a certification may not apply to a worker whose separation from employment occurred more than one year prior to the date the petition was filed.
Consequently, further investigation in this case would serve no purpose, and the investigation has been terminated.
Pursuant to title V of the North American Free Trade Agreement Implementation Act (Pub. L. 103-182) concerning transitional adjustment assistance, hereinafter called NAFTA-TAA and in accordance with section 250(a), subchapter D, chapter 2, title II, of the Trade Act of 1974, as amended (19 U.S.C. 2273), an investigation was initiated on September 5, 2002, in response to a petition filed by the Bristol Bay Native Association on behalf of State of Alaska Commercial Fisheries Entry Commission Permit #65876R, Levelock, AL.
The workers have not fished since July of 1999, more than one year from the September 5, 2002, petition date. Section 223(b)(1) of the Trade Act of 1974, as amended, provides that a certification may not apply to a worker whose separation from employment occurred more than one year prior to the date the petition was filed.
Consequently, further investigation in this case would serve no purpose, and the investigation has been terminated.
Pursuant to title V of the North American Free Trade Agreement Implementation Act (Pub. L. 103-182) concerning transitional adjustment assistance, hereinafter called NAFTA-TAA and in accordance with section 250(a), subchapter D, chapter 2, title II, of the Trade Act of 1974, as amended (19 U.S.C. 2273), an investigation was initiated on September 5, 2002, in response to a petition filed by the Bristol Bay Native Association on behalf of State of Alaska Commercial Fisheries Entry Commission Permit #60849H, Naknek, Alaska.
The workers stopped fishing in 2000, more than one year from the September 5, 2002, petition date. Section 223(b)(1) of the Trade Act of 1974, as amended, provides that a certification may not apply to a worker whose separation from employment occurred more than one year prior to the date the petition was filed.
Consequently, further investigation in this case would serve no purpose, and the investigation has been terminated.
Pursuant to title V of the North American Free Trade Agreement Implementation Act (Pub. L. 103-182) concerning transitional adjustment assistance, hereinafter called NAFTA-TAA and in accordance with section 250(a), subchapter D, chapter 2, Title II, of the Trade Act of 1974, as amended (19 U.S.C. 2273), an investigation was initiated on September 5, 2002, in response to a petition filed by the Bristol Bay Native Association on behalf of State of Alaska Commercial Fisheries Entry Commission Permit #65030C, Nondalton, Alaska.
The workers stopped fishing in 2000, more than one year from the September 5, 2002, petition date. Section 223(b)(1) of the Trade Act of 1974, as amended, provides that a certification may not apply to a worker whose separation from employment occurred more than one year prior to the date the petition was filed.
Consequently, further investigation in this case would serve no purpose, and the investigation has been terminated.
Pursuant to Title V of the North American Free Trade Agreement Implementation Act (Pub. L. 103-182) concerning transitional adjustment assistance, hereinafter called NAFTA-TAA and in accordance with section 250(a), subchapter d, chapter 2, Title II, of the Trade Act of 1974, as amended (19 U.S.C. 2273), an investigation was initiated on September 5, 2002, in response to a petition filed by the Bristol Bay Native Association on behalf of State of Alaska Commercial Fisheries Entry Commission Permit #57286F, Dillingham, Alaska.
The workers stopped fishing in 2000, more than one year from the September 5, 2002, petition date. Section 223(b)(1) of the Trade Act of 1974, as amended, provides that a certification may not apply to a worker whose separation from employment occurred more than one year prior to the date the petition was filed.
Consequently, further investigation in this case would serve no purpose, and the investigation has been terminated.
Pursuant to Title V of the North American Free Trade Agreement Implementation Act (Pub. L. 103-182) concerning transitional adjustment assistance, hereinafter called NAFTA-TAA and in accordance with section 250(a), subchapter D, chapter 2, Title II, of the Trade Act of 1974, as amended (19 U.S.C. 2273), an investigation was initiated on September 5, 2002, in response to a petition filed by the Bristol Bay Native Association on behalf of State of Alaska Commercial Fisheries Entry Commission Permit #55470W, Monokotak, Alaska.
The workers stopped fishing in July of 2001, more than one year from the September 5, 2002, petition date. Section 223(b)(1) of the Trade Act of 1974, as amended, provides that a certification may not apply to a worker whose separation from employment occurred more than one year prior to the date the petition was filed.
Consequently, further investigation in this case would serve no purpose, and the investigation has been terminated.
Pursuant to Title V of the North American Free Trade Agreement Implementation Act (Pub. L. 103-182) concerning transitional adjustment assistance, hereinafter called NAFTA-TAA and in accordance with section 250(a), subchapter D, chapter 2, Title II, of the Trade Act of 1974, as amended (19 U.S.C. 2273), an investigation was initiated on September 5, 2002, in response to a petition filed by the Bristol Bay Native Association on behalf of Bristol Bay salmon fishermen, Permit #58071B, Naknek, Alaska.
The workers stopped fishing in 2000, more than one year from the September 5, 2002, petition date. Section 223(b)(1) of the Trade Act of 1974, as amended, provides that a certification may not apply to a worker whose separation from employment occurred more than one year prior to the date the petition was filed.
Consequently, further investigation in this case would serve no purpose, and the investigation has been terminated.
Pursuant to Title V of the North American Free Trade Agreement Implementation Act (Pub. L. 103-182) concerning transitional adjustment assistance, hereinafter called NAFTA-TAA and in accordance with section 250(a), subchapter D, chapter 2, Title II, of the Trade Act of 1974, as amended (19 U.S.C. 2273), an investigation was initiated on September 5, 2002, in response to a petition filed by the Bristol Bay Native Association on behalf of State of Alaska Commercial Fisheries Entry Commission Permit #58071B, Togiak, Alaska.
The workers stopped fishing in July of 2001, more than one year from the September 5, 2002, petition date. Section 223(b)(1) of the Trade Act of 1974, as amended, provides that a certification may not apply to a worker whose separation from employment occurred more than one year prior to the date the petition was filed.
Consequently, further investigation in this case would serve no purpose, and the investigation has been terminated.
Pursuant to Title V of the North American Free Trade Agreement Implementation Act (Pub. L. 103-182) concerning transitional adjustment assistance, hereinafter called NAFTA-TAA and in accordance with Section 250(a), subchapter D, Chapter 2, Title II, of the Trade Act of 1974, as amended (19 U.S.C. 2273), an investigation was initiated on September 5, 2002, in response to a petition filed by the Bristol Bay Native Association on behalf of Bristol Bay salmon fishermen, Permit #65823B, Dillingham, Alaska.
The workers did not fish after 2000, more than one year from the September 5, 2002, petition date. Section 223(b) (1) of the Trade Act of 1974, as amended, provides that a certification may not apply to a worker whose separation from employment occurred more than one year prior to the date the petition was filed.
Consequently, further investigation in this case would serve no purpose, and the investigation has been terminated.
Pursuant to Title V of the North American Free Trade Agreement Implementation Act (Pub. L. 103-182) concerning transitional adjustment assistance, hereinafter called NAFTA-TAA and in accordance with section 250(a), subchapter D, chapter 2, Title II, of the Trade Act of 1974, as amended (19 U.S.C. 2273), an investigation was initiated on September 5, 2002, in response to a petition filed by the Bristol Bay Native Association on behalf of State of Alaska Commercial Fisheries Entry Commission Permit #64412C, Egegik, Alaska.
The workers did not fish from 2000 through September 2002, more than one year from the September 5, 2002, petition date. Section 223(b)(1) of the Trade Act of 1974, as amended, provides that a certification may not apply to a worker whose separation from employment occurred more than one year prior to the date the petition was filed.
Consequently, further investigation in this case would serve no purpose, and the investigation has been terminated.
Pursuant to Title V of the North American Free Trade Agreement Implementation Act (Pub. L. 103-182) concerning transitional adjustment assistance, hereinafter called NAFTA-TAA and in accordance with section 250(a), subchapter D, chapter 2, Title II, of the Trade Act of 1974, as amended (19 U.S.C. 2273), an investigation was initiated on September 5, 2002, in response to a petition filed by the Bristol Bay Native Association on behalf of Bristol Bay salmon fishermen, permit #57331M, Clarks Point, AL.
The workers did not fish during the relevant period, more than one year from the September 5, 2002, petition date. Section 223(b)(1) of the Trade Act of 1974, as amended, provides that a certification may not apply to a worker whose separation from employment occurred more than one year prior to the date the petition was filed.
Consequently, further investigation in this case would serve no purpose, and the investigation has been terminated.
Pursuant to Title V of the North American Free Trade Agreement Implementation Act (Pub. L. 103-182) concerning transitional adjustment assistance, hereinafter called NAFTA-TAA and in accordance with Section 250(a), Subchapter D, Chapter 2, Title II, of the Trade Act of 1974, as amended (19 U.S.C. 2273), an investigation was initiated on September 5, 2002, in response to a petition filed by the Bristol Bay Native Association on behalf of State of Alaska Commercial Fisheries Entry Commission Permit #55104G, Monokotak, Alaska.
The workers stopped fishing in 2000, more than one year prior to the September 5, 2002, petition date. Section 223(b)(1) of the Trade Act of 1974, as amended, provides that a certification may not apply to a worker whose separation from employment occurred more than one year prior to the date the petition was filed.
Consequently, further investigation in this case would serve no purpose, and the investigation has been terminated.
Pursuant to Title V of the North American Free Trade Agreement Implementation Act (Pub. L. 103-182) concerning transitional adjustment assistance, hereinafter called (NAFTA-TAA), and in accordance with section 250(a), subchapter D, chapter 2, Title II, of the Trade Act of 1974, as amended (19 U.S.C. 2273), an investigation was initiated on October 7, 2002, in response to a petition filed by a company official on behalf of workers at GE
The petitioner has requested that the petition be withdrawn. Consequently, further investigation in this case would serve no purpose and the investigation has been terminated.
Pursuant to Title V of the North American Free Trade Agreement Implementation Act and in accordance with Section 250(a), Subchapter D, Chapter 2, Title II of the Trade Act of 1974, as amended (19 U.S.C. 2331), an investigation was initiated on May 10, 2002, in response to a worker petition filed by a company official on behalf of workers at Pillowtex Corporation, located in twin plants at Columbus, Georgia and Phenix, Alabama. The workers produced bath products, primarily terrycloth bath towels, hand towels, and washcloths.
An investigation revealed that the subject firm's workers are already subject to recently issued negative NAFTA determinations.
Workers at Pillowtex Corporation, Phenix City Finishing and Weave, and Columbus Towel Greige, Phenix City, Alabama, were denied eligibility to apply for NAFTA Transitional Adjustment on July 3, 2002 (NAFTA-6219). Workers in the same worker group were certified eligible for Trade Adjustment assistance on October 31, 2002 (TA-W-41,512)
Workers at Pillowtex Corporation, Fieldcrest Cannon—Eagle & Phenix, Columbus, Georgia, were denied eligibility to apply for NAFTA Transitional Adjustment on August 14, 2001 (NAFTA-4948C). Workers in the same worker group were certified eligible for Trade Adjustment assistance on November 13, 2001 (TA-W-39,416C).
No new information or change in circumstances is evident which would result in a reversal of the Department's previous NAFTA determinations. Consequently, further investigation would serve no purpose, and the investigation has been terminated.
Pursuant to Title V of the North American Free Trade Agreement Implementation Act (Pub. L. 103-182) concerning transitional adjustment assistance, hereinafter called (NAFTA-TAA), and in accordance with Section 250(a), Subchapter D, Chapter 2, Title II, of the Trade Act of 1974, as amended (19 U.S.C. 2273), an investigation was initiated on October 23, 2002, in response to a petition filed by a company official on behalf of workers at Trans World Connections, Ltd., Lynchburg, Virginia.
The petitioner has requested that the petition be withdrawn. Consequently, further investigation in this case would serve no purpose and the investigation has been terminated.
General Wage determination decisions of the Secretary of Labor are issued in accordance with applicable law and are based on the information obtained by the Department of Labor from its study of local wage conditions and data made available from other sources. They specify the basic hourly wage rates and fringe benefits which are determined to be prevailing for the described classes of laborers and mechanics employed on construction projects of a similar character and in the localities specified therein.
The determinations in these decisions of prevailing rates and fringe benefits have been made in accordance with 29 CFR part 1, by authority of the Secretary of Labor pursuant to the provisions of the Davis-Bacon Act of March 3, 1931, as amended (46 Stat. 1494, as amended, 40 U.S.C. 276a) and of other Federal statutes referred to in 29 CFR part 1, appendix, as well as such additional statutes as may from time to time by enacted containing provisions for the payment of wages determined to be prevailed by the Secretary of Labor in accordance with the Davis-Bacon Act. The prevailing rates and fringe benefits determined in these decisions shall, in accordance with the provisions of the foregoing statutes, constitute the minimum wages payable on Federal and federally assisted construction projects to laborers and mechanics of the specified classes engaged on contract work of the character and in the localities described therein.
Good cause is hereby found for not utilizing notice and public comment procedure thereon prior to the issuance of these determinations as prescribed in 5 U.S.C. 553 and not providing for delay in the effective date as prescribed in that section, because the necessity to issue current construction industry wage determinations frequently and in large volume causes procedures to be impractical and contrary to the public interest.
General wage determination decisions, and modifications and supersedeas decisions thereto, contain no expiration dates and are effective from their date of notice in the Federal Register, or on the date written notice is received by the agency, whichever is earlier. These decisions are to be used in accordance with the provisions of 29 CFR parts 1 and 5. Accordingly, the applicable decision, together with any modifications issued, must be made a part of every contract for performance of the described work within the geographic area indicated as required by an applicable Federal prevailing wage law and 29 CFR part 5. The wage rates and fringe benefits, notice of which is published herein, and which are contained in the Government Printing Office (GPO) document entitled “General Wage Determinations Issued Under The Davis-Bacon And Related
Any person, organization, or governmental agency having an interest in the rates determined as prevailing is encouraged to submit wage rate and fringe benefit information for consideration by the Department.
Further information and self-explanatory forms for the purpose of submitting this data may be obtained by writing to the U.S. Department of Labor, Employment Standards Administration, Wage and Hour Division, Division of Wage Determinations, 200 Constitution Avenue, and N.W., Room S-3014, Washington, DC 20210.
This is to advise all interested parties that the Department of Labor is withdrawing, from the date of this notice, General Wage Determination No. VA020054 dated March 1, 2002. See VA020015.
Contracts for which bids have been opened shall not be affected by this notice. Also, consistent with 29 CFR 1.6(c)(2)(i)(A), when the opening of bids is less than ten (10) days from the date of this notice, this action shall be effective unless the agency finds that there is insufficient time to notify bidders of the change and the finding is documented in the contract file.
The number of the decisions listed to the Government Printing Office document entitled “General Wage Determinations Issued Under the Davis-Bacon and related Acts” being modified are listed by Volume and State. Dates of publication in the
General wage determinations issued under the Davis-Bacon and related Acts, including those noted above, may be found in the Government Printing Office (GPO) document entitled “General Wage Determinations Issued Under the Davis-Bacon And Related Acts”. This publication is available at each of the 50 Regional Government Depository Libraries and many of the 1,400 Government Depository Libraries across the country.
General wage determinations issued under the Davis-Bacon and related Acts are available electronically at no cost on the Government Printing Office site at
Hard-copy subscriptions may be purchased from: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402, (202) 512-1800.
When ordering hard-copy subscription(s), be sure to specify the State(s) of interest, since subscriptions may be ordered for any or all of the six separate Volumes, arranged by State. Subscriptions include an annual edition (issued in January or February) which includes all current general wage determinations for the States covered by each volume. Throughout the remainder of the year, regular weekly updates will be distributed to subscribers.
Occupational Safety and Health Administration (OSHA), Labor.
Request for comment.
OSHA request comment concerning its proposed extension of the information-collection requirements specified by its Standard on Process Safety Management of Highly Hazardous Chemicals (PSM) (29 CFR 1910.119). The Clean Air Act Amendments (CAAA) OF 1990 required the Occupational Safety and Health Administration (OSHA) to develop a standard on Process Safety Management of Highly Hazardous Chemicals (PSM) (
Submit written comments on or before January 28, 2003.
Submit written comments to the Docket Office, Docket No. ICR-1218-0200(2003), OSHA, U.S. Department of Labor, Room N-2625, Constitution Avenue, NW., Washington, DC 20210; telephone; (202) 693-2350. Commenters may transmit written comments of 10 pages or less by facsimile to (202) 693-1648.
Theda Kenney, Directorate of Safety Standards Programs, OSHA, U.S. Department of Labor, Room N-3609, 200 Constitution Avenue, NW., Washington, DC 20210; telephone (202) 693-2222. A copy of the Agency's Information-Collection Request (ICR) supporting the need for the collections of information collection specified by the Standard on Process Safety Management of Highly Hazardous Chemicals (PSM) is available for inspection and copying in the Docket Office, or by requesting a copy from Theda Kenney at (202) 693-2222, or Todd Owen at (202) 693-2444. For electronic copies of the ICR, contact OSHA on the Internet at
The Department of Labor, as part of its continuing effort to reduce paperwork and respondent (
The collections of information in the standard are necessary for implementation of the requirements of the standard. The information is used by employers to assure that process using highly hazardous chemicals with the potential of a catastrophic release are operated as safely as possible. The employer must consider all facets of a process, as well as the involvement of employees in that process. Processes are analyzed by employers so that they identify and control problems that could lead to a major release, fire or explosion. The failure of employers to collect the information will significantly impact OSHA's effort to control and reduce injuries and fatalities in workplaces that have the potential for highly hazardous chemical catastrophes.
The Standard specifies several paperwork requirements. The following sections describe the information collection requirements and who will use the information.
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OSHA has a particular interest in comments on the following issues:
• Whether the proposed information-collection requirements are necessary for the proper performance of the Agency's functions to protect workers, including whether the information is useful;
• The accuracy of OSHA's estimate of the burden (time and costs) of the information-collection requirements, including the validity of the methodology and assumptions used;
• The quality, utility, and clarity of the information collected; and
• Ways to minimize the burden on employers who must comply; for example, by using automated or other technological information collection and transmission techniques.
OSHA proposes to extend the Office of Management and Budget's (OMB) approval of the collection-of-information requirements specified by the Standard on Process Safety Management of Highly Hazardous Chemicals (PSM) (29 CFR 1910.119). The Agency will summarize the comments submitted in response to this notice, and will include this summary in its request to OMB to extend the approval of these information-collection requirements.
John L. Henshaw, Assistant Secretary of Labor for Occupational Safety and Health, directed the preparation of this notice. The authority for this notice is the Paperwork Reduction Act of 1995 (44 U.S.C. 3506), and Secretary of Labor's Order No. 5-2002 (67 FR 65008).
National Credit Union Administration (NCUA).
Request for comment.
The NCUA is resubmitting the following information collection to the Office of Management and Budget (OMB) for review and clearance under the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. Chapter 35). This information collection is published to obtain comments from the public.
Comments will be accepted until January 28, 2003.
Interested parties are invited to submit written comments to NCUA Clearance Officer or OMB Reviewer listed below:
Copies of the information collection requests, with applicable supporting documentation, may be obtained by calling the: NCUA Clearance Officer, Neil McNamara, (703) 518-6447. It is also available on the following website:
Proposal for the following collection of information:
60-day notice of information collection under review: New Collection: Identification of Education and Training for Pre-/Paraprofessional Library Staff.
The Institute of Museum and Library Services (IMLS) has submitted the following information collection request for review and clearance in accordance with the Paperwork Reduction Act of 1995. This proposed information collection is published to obtain comments from the public. Comments are encouraged and will be accepted for “sixty days” until January 28, 2003. If you have any additional comments, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact Mamie Bittner, Director, Office of Public and Legislative Affairs, Institute of Museum and Library Services, 1100 Pennsylvania Avenue, NW., Washington, DC 20506.
Written comments and suggestions from the public concerning the proposed collection of information should address one or more of the following:
(1) Evaluate whether the proposed collection of information is an appropriate function of the agency, including whether the information will have practical utility;
(2) Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information;
(3) Enhance the quality, utility, and clarity of the information to be collected; and
(4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, or other technological collection techniques or other forms of information technology,
(1)
(2)
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If additional information is required, contact: Mamie Bittner, Director of Public and Legislative Affairs, Institute of Museum and Library Services, 1100 Pennsylvania Avenue, NW., Washington, DC 20506, or e-mail at
Nuclear Regulatory Commission (NRC).
Notice of pending NRC action to submit an information collection request to OMB and solicitation of public comment.
The NRC is preparing a submittal to OMB for review of continued approval of information collections under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35).
Information pertaining to the requirement to be submitted:
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1. Is the proposed collection of information necessary for the NRC to properly perform its functions? Does the information have practical utility?
2. Is the burden estimate accurate?
3. Is there a way to enhance the quality, utility, and clarity of the information to be collected?
4. How can the burden of the information collection be minimized, including the use of automated collection techniques or other forms of information technology?
A copy of the draft supporting statement may be viewed free of charge at the NRC Public Document Room, One White Flint North, 11555 Rockville Pike, Room O-1 F23, Rockville, MD 20852. OMB clearance requests are available at the NRC worldwide Web site:
Comments and questions about the information collection requirements may be directed to the NRC Clearance Officer, Brenda Jo. Shelton, U.S. Nuclear Regulatory Commission, T-6 E6, Washington, DC 20555-0001, by telephone at 301-415-7233, or by Internet electronic mail at
For the Nuclear Regulatory Commission,
Nuclear Regulatory Commission.
Notice of Issuance; Correction.
This document corrects a notice appearing in the
John Minns, Office of Nuclear Reactor Regulation, Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone: 301-415-3166, e-mail:
On page 68748, in the third column, after the paragraph beginning with Effective Date, a separate paragraph should read: “Amendment No.: 208.”
For the U.S. Nuclear Regulatory Commission.
The following is a notice of applications for deregistration under section 8(f) of the Investment Company Act of 1940 for the month of November, 2002. A copy of each application may be obtained for a fee at the SEC's Public Reference Branch, 450 Fifth St., NW., Washington, DC 20549-0102 (tel. 202-942-8090). An order granting each application will be issued unless the SEC orders a hearing. Interested persons may request a hearing on any application by writing to the SEC's Secretary at the address below and serving the relevant applicant with a copy of the request, personally or by mail. Hearing requests should be received by the SEC by 5:30 p.m. on December 17, 2002, and should be accompanied by proof of service on the applicant, in the form of an affidavit or, for lawyers, a certificate of service. Hearing requests should state the nature of the writer's interest, the reason for the request, and the issues contested. Persons who wish to be notified of a hearing may request notification by writing to the Secretary, SEC, 450 Fifth Street, NW., Washington, DC 20549-0609. For Further Information Contact: Diane L. Titus at (202) 942-0564, SEC, Division of Investment Management, Office of Investment Company Regulation, 450 Fifth Street, NW, Washington, DC 20549-0506.
For the Commission, by the Division of Investment Management, pursuant to delegated authority.
Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934, (“Act”)
The Exchange proposes to list and trade under section 107A of the Amex Company Guide (“Company Guide”), notes linked to the performance of the Dow Jones Industrial Average (the “DJIA” or the “Market Recovery Notes” or “Notes”).
In its filing with the Commission, the Exchange included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in item III below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements.
Under section 107A of the Amex Company Guide (“Company Guide”), the Exchange may approve for listing and trading securities which cannot be readily categorized under the listing criteria for common and preferred stocks, bonds, debentures, or warrants.
The Notes will initially conform to the listing guidelines under section 107A
The payment that a holder or investor of a Note will be entitled to receive (the “Redemption Amount”) depends entirely on the relation of the average of the values of the DJIA at the close of the market on five business days shortly before the maturity of the Notes (the “Ending Value”) and the closing value of the DJIA on the date the Notes are priced for initial sale to the public (the “Starting Value”).
If the Ending Value is greater than the Starting Value, the Redemption Amount per Unit will equal:
not to exceed the Capped Value.If the Ending Value is less than or equal to the Starting Value, the Redemption Amount per Unit will equal:
The Notes are cash-settled in U.S. dollars and do not give the holder any right to receive a portfolio security, dividend payments or any other ownership right or interest in the portfolio or index of securities comprising the DJIA. The Notes are designed for investors who want to participate or gain exposure to the DJIA, subject to a cap, and who are willing to forego market interest payments on the Notes during such term. The SEC has previously approved the listing of options on, and securities the performance of which have been linked to or based on, the DJIA.
As of October 29, 2002, the market capitalization of the securities included in the DJIA ranged from a high of $279.3 billion to a low of $10 billion. The average daily trading volume for these same securities for the last six months, as of the same date, ranged from a high of 57.3 million shares to a low of 2 million shares.
Because the Notes are linked to a portfolio of equity securities, the Amex's existing equity floor trading rules will apply to the trading of the Notes. First, pursuant to Amex rule 411, the Exchange will impose a duty of due diligence on its members and member firms to learn the essential facts relating to every customer prior to trading the Notes.
The Exchange represents that its surveillance procedures are adequate to properly monitor the trading of the Notes. Specifically, the Exchange will rely on its existing surveillance procedures governing equities, which have been deemed adequate under the Act. In addition, the Exchange also has a general policy, which prohibits the distribution of material, non-public information by its employees.
The Exchange believes that the proposed rule change is consistent with section 6(b) of the Act,
The Exchange does not believe that the proposed rule change will impose any burden on competition.
The Exchange did not receive any written comments on the proposed rule change.
Interested persons are invited to submit written data, views and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Persons making written submissions should file six copies thereof with the Secretary, Securities and Exchange Commission, 450 Fifth Street, NW., Washington, DC 20549-0609. Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying at
After careful consideration, the Commission finds that the proposed rule change is consistent with the requirements of the Act and the rules and regulations thereunder, applicable to a national securities exchange, and, in particular, with the requirements of section 6(b)(5) of the Act.
As described more fully above, at maturity, the holder of a Note will receive an amount based upon the percentage change of the DJIA. Specifically, at maturity, the holder of a Note will be entitled to receive a payment equal to three times the amount of that percentage increase, not to exceed a certain maximum payment, if the value of the DJIA has increased over the term of such Note. The Notes will provide investors who are willing to forego market interest payments during the term of the Notes with a means to participate or gain exposure to the DJIA, subject to a cap.
The Commission notes that the Exchange's rules and procedures that address the special concerns attendant to the trading of hybrid securities will be applicable to the Notes. In particular, by imposing the hybrid listing standards, suitability, disclosure, and compliance requirements noted above, the Commission believes that the Exchange has addressed adequately the potential problems that could arise from the hybrid nature of the Notes. Moreover, the Commission notes that the Exchange will distribute a circular to its membership calling attention to the specific risks associated with the Notes. The Commission also notes that Merrill Lynch will deliver a prospectus in connection with the initial sales of the Notes. In addition, the Commission notes that Amex will incorporate and rely upon its existing surveillance procedures governing equities, which have been deemed adequate under the Act. Moreover, the Commission also notes that the Exchange has a general policy that prohibits the distribution of material, non-public information by its employees.
In approving the product, the Commission recognizes that the DJIA is a price-weighted index comprised of 30 component common stocks, representing a broad market of the U.S. industry, with each stock affecting the DJIA in proportion to its market price. The Commission notes that the changes in the composition of the DJIA are made solely by the editors of the WSJ. The changes to these common stocks tend to be made infrequently with most substitutions the result of mergers and other extraordinary corporate actions. Further, the Commission notes that the DJIA has remained at 30 since 1928. As of October 29, 2002, the 30 stocks in the DJIA ranged in capitalization from a high of $279.3 billion to a low of $10 billion. In addition, the average daily trading volume for the component stocks over the six-month period from May 2002 to October 2002 ranged from a high of 57.3 million shares to a low of 2 million shares. Given the compositions of the stocks underlying the DJIA, the Commission believes that the listing and trading of the Notes that are linked to the DJIA, should not unduly impact the market for the underlying securities comprising the DJIA or raise manipulative concerns. As discussed more fully above, the underlying stocks comprising the DJIA are well-capitalized, highly liquid stocks. Moreover, the issuers of the underlying securities comprising the DJIA, are subject to reporting requirements under the Act, and all of the component stocks are either listed or traded on, or traded through the facilities of, U.S. securities markets. Additionally, the Amex's surveillance procedures will serve to deter as well as detect any potential manipulation.
Furthermore, the Commission notes that the Notes are depending upon the individual credit of the issuer, Merrill Lynch. To some extent this credit risk is minimized by the Exchange's listing standards in section 107A of the Company Guide which provide the only issuers satisfying substantial asset and equity requirements may issue securities such as the Notes. In addition, the Exchange's “Other Securities” listing standards further require that the Notes have a market value of at least $4 million.
The Commission also has a systemic concern, however, that a broker-dealer such as Merrill Lynch, or a subsidiary providing a hedge for the issuer will incur position exposure. However, as the Commission has concluded in previous approval orders for other hybrid instruments issued by broker-dealers,
Finally, the Commission notes that the value of the DJIA will be disseminated at least once every 15 seconds throughout the trading day. The Commission believes that providing access to the value of the DJIA at least once every 15 seconds throughout the
The Commission finds good cause for approving the proposed rule change prior to the 30th day after the date of publication of notice thereof in the
It is therefore ordered, pursuant to section 19(b)(2) of the Act,
For the Commission, by the Division of Market Regulation, pursuant to delegated authority.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”),
The Amex proposes to approve for listing and trading notes, the return on which is based upon the performance of an equal-dollar weighted portfolio of securities representing the fifty stocks with the largest market capitalization in the S&P 500 Composite Stock Price Index (the “S&P 500 Index” or “Underlying Index”), as reduced by an adjustment factor as described below (the “Select Fifty Index” or “Index”).
In its filing with the Commission, the Amex included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item III below. The Exchange has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements.
Under Section 107A of the Amex Company Guide (“Company Guide”), the Exchange may approve for listing and trading securities which cannot be readily categorized under the listing criteria for common and preferred stocks, bonds, debentures, or warrants.
The Notes will initially conform to the listing guidelines under Section 107A
The Notes are cash-settled in U.S. dollars and do not give the holder any right to receive a portfolio security or any other ownership right or interest in the portfolio of securities comprising the Select Fifty Index. The Notes are designed for investors who want to participate or gain exposure to a broad section of large capitalization companies and who are willing to forego market interest payments on the Notes during such term.
The Select Fifty Index will consist of a portfolio of stocks (excluding Merrill Lynch and its affiliates) of the fifty companies with the largest market capitalization in the S&P 500 Index
Components of the Select Fifty Index approved pursuant to this filing will also meet the following criteria: (1) A minimum market value of at least $75 million, except that up to 10% of the component securities in the Select Fifty Index may have a minimum market value of $50 million; (2) average monthly trading volume in the last six months of not less than 1,000,000 shares, except that up to 10% of the component securities in the Select Fifty Index may have an average monthly trading volume of 500,000 shares or more in the last six months; (3) 90% of the Select Fifty Index's numerical value and at least 80% of the total number of component securities will meet the then current criteria for standardized option trading set forth in Exchange Rule 915; and (4) all component stocks will either be listed on the Amex, the New York Stock Exchange, Inc. (“NYSE”) or traded through the facilities of the National Association of Securities Dealers Automated Quotation System (“NASDAQ”) and reported National Market System securities.
If calculated as of September 16, 2002, the market capitalization of the securities that would represent the Select Fifty Index would range from a high of $269.1 billion to a low of $35.2 billion. The average monthly trading volume of those same securities for the last six months, as of the same date, ranged from a high of 463.5 million shares to a low of 87.9 million shares. Moreover, as of September 16, 2002, all of the securities that would comprise the Select Fifty Index were eligible for standardized options trading pursuant to Amex Rule 915.
At the outset, each of the securities in the Select Fifty Index will represent approximately an equal percentage of the Starting Index Value. Specifically, each security included in the portfolio will be assigned a multiplier on the date of issuance so that the security represents approximately an equal percentage of the value of the entire portfolio underlying the Select Fifty Index on the date the Notes are priced for initial sale to the public. The multiplier indicates the number of shares (or fraction of one share) of a security, given its market price on an exchange or through NASDAQ, to be included in the calculation of the portfolio. Accordingly, initially each of the fifty companies included in the Select Fifty Index will represent approximately 2.00% of the total portfolio at the time of issuance. The Select Fifty Index will initially be set to provide a benchmark value of 100.00 at the close of trading on the day the Notes are priced for initial sale to the public.
The value of the Select Fifty Index at any time will equal: (1) The sum of the products of the current market price for each stock underlying the Select Fifty Index and the applicable share multiplier, plus (2) an amount reflecting current calendar quarter dividends, and less (3) a pro rata portion of the annual index adjustment factor.
As of the first day of the start of each calendar quarter, the Amex will allocate the current quarter dividends as of the end of the immediately preceding calendar quarter to each then outstanding component of the Select Fifty Index. The amount of the current quarter dividends allocated to each stock will equal the percentage of the value of such stock contained in the portfolio of securities comprising the Select Fifty Index relative to the value of the entire portfolio based on the closing market price of such stock on the last day in the immediately preceding calendar quarter. The share multiplier of each stock will be increased to reflect the number of shares, or portion of a share, that the amount of the current quarter dividend allocated to each stock can purchase of each stock based on the closing market price on the last day in the immediately preceding calendar quarter.
As of the close of business on each anniversary date (anniversary of the day the Notes are priced for initial sale to the public) through the applicable anniversary date in the year preceding the maturity of the Notes, the portfolio of securities comprising the Select Fifty Index will be reconstituted by the Amex so as to include the fifty stocks (excluding Merrill Lynch and its affiliates) having the largest market capitalization in the S&P 500 Index on the second scheduled index business day prior to such anniversary date. The Exchange will announce such changes to investors at least one day prior to the anniversary date.
The portfolio will be reconstituted and rebalanced on the anniversary date so that each stock in the Select Fifty Index will represent approximately 2.00% of the value of the Select Fifty Index. To effectuate this, the share multiplier for each new stock will be determined by the Amex and will indicate the number of shares or fractional portion thereof of each new stock, given the closing market price of such new stock on the anniversary date, so that each new stock represents an equal percentage of the Select Fifty Index value at the close of business on such anniversary date. For example, if the Select Fifty Index value at the close of business on an anniversary date was 150, then each of the fifty new stocks comprising the Select Fifty Index would be allocated a portion of the value of the Select Fifty Index equal to 3, and if the closing market price of one such new stock on the anniversary date was 20, the applicable share multiplier would be 0.15. Conversely, if the Select Fifty Index value was 50, then each of the fifteen new stocks comprising the Select Fifty Index would be allocated a portion of the value of the Select Fifty Index equal to 1 and if the closing market price of one such new stock on the anniversary date was 20, the applicable share multiplier would be 0.05. The last anniversary date on which such reconstitution will occur will be the anniversary date in the year preceding the maturity of the Notes. As noted above, investors will receive information on the new portfolio of securities comprising the Select Fifty Index at least one day prior to each anniversary date.
The multiplier of each component stock in the Select Fifty Index will remain fixed until adjusted for quarterly dividend adjustments, annual reconstitutions or certain corporate events, such as payment of a dividend other than an ordinary cash dividend, a distribution of stock of another issuer to its shareholders,
The multiplier of each component stock may be adjusted, if necessary, in the event of a merger, consolidation, dissolution or liquidation of an issuer or in certain other events such as the distribution of property by an issuer to shareholders. If the issuer of a stock included in the Select Fifty Index were to no longer exist, whether by reason of a merger, acquisition or similar type of corporate transaction, a value equal to the stock's final value will be assigned to the stock for the purpose of calculating the Select Fifty Index value prior to the subsequent anniversary date. For example, if a company included in the Select Fifty Index were acquired by another company, a value will be assigned to the company's stock equal to the value per share at the time the acquisition occurred. If the issuer of stock included in the Select Fifty Index is in the process of liquidation or subject to a bankruptcy proceeding, insolvency, or other similar adjudication, such security will continue to be included in the Select Fifty Index so long as a market price for such security is available or until the subsequent anniversary date. If a market price is no longer available for a Select Fifty Index stock due to circumstances including but not limited to, liquidation, bankruptcy, insolvency, or any other similar proceeding, then the security will be assigned a value of zero when calculating the Select Fifty Index for so long as no market price exists for that security or until the subsequent anniversary date. If the stock remains in the Select Fifty Index, the multiplier of that security may be adjusted to maintain the component's relative weight in the Select Fifty Index at the level immediately prior to the corporate action. In all cases, the multiplier will be adjusted, if necessary, to ensure Select Fifty Index continuity.
The Exchange will calculate the Select Fifty Index and, similar to other stock index values published by the Exchange, the value of the Select Fifty Index will be calculated continuously and disseminated every fifteen seconds over the Consolidated Tape Association's Network B.
Because the Notes are linked to a portfolio of equity securities, the Amex's existing equity floor trading rules will apply to the trading of the Notes. First, pursuant to Amex Rule 411, the Exchange will impose a duty of due diligence on its members and member firms to learn the essential facts relating to every customer prior to trading the Notes.
The Exchange represents that its surveillance procedures are adequate to properly monitor the trading of the Notes. Specifically, the Amex will rely on its existing surveillance procedures governing equities, which have been deemed adequate under the Act. In addition, the Exchange also has a general policy that prohibits the distribution of material, non-public information by its employees.
The Exchange believes that the proposed rule change is consistent with Section 6 of the Act,
The Exchange does not believe that the proposed rule change will impose any burden on competition.
Written comments were neither solicited nor received.
Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Persons making written submissions should file six copies thereof with the Secretary, Securities and Exchange Commission, 450 Fifth Street, NW., Washington, DC 20549-0609. Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying at the Commission's Public Reference Room. Copies of such filing will also be available for inspection and copying at the principal office of the Exchange. All submissions should refer to File No. SR-Amex-2002-76 and should be submitted by December 20, 2002.
After careful review, the Commission finds that implementation of the proposed rule change is consistent with the requirements of Section 6 of the Act
The Notes are non-convertible and will conform initially to the Amex listing guidelines under Section 107A of the Company Guide and continued listing guidelines under Sections 1001-1003 of the Company Guide. The specific maturity date will not be established until the time of the offering, but will be not less than one, nor more than ten years from the date of issue. The Notes will entitle the owner at maturity to receive an amount based upon the percentage change between the Starting Index Value (the value of the Index on the date the issuer prices the Notes for the initial sale to the public) and the Ending Index Value (the value of the Index over a period shortly prior to the expiration of the Notes). The Ending Index Value will be used in calculating the amount investors will receive upon maturity. The Notes will not have a minimum principal amount that will be repaid and, accordingly, payments on the Notes prior to, or at maturity, may be less than the original issue price of the Notes. During a two-week period in the designated month each year, investors will have the right to require the issuer to repurchase the Notes at a redemption amount based on the value of the Index at such repurchase date. The Notes are cash-settled in U.S. dollars and may not be called by the issuer. The Select Fifty Index will initially be set to provide a benchmark value of 100.00 at the close of trading on the date the Notes are priced for initial sale to the public.
The Notes are not-leveraged, non-principal protected instruments. The Notes are debt instruments whose price will be derived and based upon the value of the Select Fifty Index. The Notes do not have a minimum principal amount that will be repaid at maturity and the payments on the Notes prior to or at maturity may be less than the original issue price of the Notes.
The Commission notes that the Exchange's rules and procedures that address the special concerns attendant to the trading of hybrid securities will be applicable to the Notes. In particular, by imposing the hybrid listing standards, suitability, disclosure, and compliance requirements noted above, the Commission believes the Exchange has addressed adequately the potential problems that could arise from the hybrid nature of the Notes. Moreover, the Commission notes that the Exchange will distribute a circular to its membership calling attention to the specific risks associated with the Notes. The circular should include, among other things, a discussion of the risks that may be associated with the Notes in addition to details on the composition of the Index and how the rates of return will be computed. Further, pursuant to Exchange Rule 411, the Exchange will impose a duty of due diligence on its members and member firms to learn the essential facts relating to every customer prior to trading the Notes. Based on these factors, the Commission finds that the proposal to trade the Notes is consistent with Section 6(b)(5) of the Act.
The Commission notes that the Notes are dependent upon the individual credit of the issuer, Merrill Lynch. To some extent this credit risk is minimized by the Exchange's listing standards in Section 107A of the Company Guide which provide the only issuers satisfying substantial asset and equity requirements may issue securities such as the Notes. In addition,
The Commission also has a systemic concern, however, that a broker-dealer, such as Merrill Lynch, or a subsidiary providing a hedge for the issuer will incur position exposure. However, as the Commission has concluded in previous approval orders for other hybrid instruments issued by broker-dealers,
The Commission also believes that the listing and trading of the Notes should not unduly impact the market for the component securities of the Underlying Index or raise manipulative concerns. The Commission notes that the Exchange maintains the Select Fifty Index and states that it has sole discretion in determining, calculating, and maintaining the Index. However, the prospectus provides that guidelines under which the Exchange will perform such functions. The Commission also notes that the Index is equal-dollar weighted but is only rebalanced on an annual basis; however, the Commission notes that the S&P 500 Index is broad-based and composed of stocks with significant market capitalization and average daily trading volume. The Commission further notes that the Exchange's rules and procedures that address the special concerns attendant to the trading of hybrid securities will be applicable to the Notes. In particular, by imposing the hybrid listing standards, suitability, disclosure, and compliance requirements noted above, the Commission believes the Exchange has addressed adequately the potential problems that could arise from the hybrid nature of the Notes. The Exchange will require members, member organizations and employees thereof recommending a transaction in the Notes to: (1) Determine that such transaction is suitable for the customer, and (2) have a reasonable basis for believing that the customer can evaluate the special characteristics, and bear the financial risks, of such transaction.
In addition, the Amex equity margin rules and debt trading rules will apply to the Notes. The Commission believes that the application of these rules should strengthen the integrity of the Notes. The Commission also believes that the Amex has appropriate surveillance procedures in place to detect and deter potential manipulation for similar index-linked products. By applying these procedures to the Notes, the Commission believes that the potential for manipulation of the Notes is minimal, thereby protecting investors and the public interest. The Commission further notes that the underlying Index on which the Select Fifty Index is based (the S&P 500 Index), is broad-based and independent of both the Exchange and the Issuer, factors that the Commission believes should act to minimize the possibility of manipulation.
The Commission notes that the Select Fifty Index is equal-dollar weighted index and that the portfolio of securities underlying the Index will be rebalanced annually—rather than quarterly—by the Amex so as to include the fifty stocks (excluding Merrill Lynch and its affiliates) having the largest market capitalization in the S&P 500 Index on the second scheduled index business day prior to the anniversary date. Although quarterly rebalancing is generally required with respect to options and futures linked to an equal-dollar weighted index,
Amex has requested that the Commission find good cause for approving the proposed rule change, prior to the thirtieth day after the date of publication of notice thereof in the
For the Commission, by the Division of Market Regulation, pursuant to delegated authority.
Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”)
PCX and PCX Equities, Inc. (“PCXE”) are proposing a rule change to amend their rules to require industry parties in arbitration to waive application of contested California arbitrator disclosure standards upon the request of customers or, in industry cases, upon the request of associated persons with claims of statutory employment discrimination, for a six-month pilot period from November 21, 2002 to May 22, 2003.
Rule 12.1(a)-(g)—No change.
.01—No change.
.02—It may be deemed conduct inconsistent with just and equitable principles of trade for a member, a member organization or a person associated with a member or member organization to fail to submit to arbitration on demand under the provisions of this Rule[,]
.03—No change.
Rule 12.1—No change.
Rule 12.2 (a)-(g)—No change.
(h) It may be deemed conduct inconsistent with just and equitable principles of trade for an ETP Holder or a person associated with an ETP Holder to fail to submit to arbitration on demand under the provisions of this Rule[,]
(i)-(j)—No change.
In its filing with the Commission, the PCX included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change.
The Exchange states that it makes every effort to provide investors who bring their claims to PCX with a fair, efficient, and economical arbitration forum. In July 2002, the California Rules of Court, Division VI of the Appendix, entitled, “Ethics Standards of Neutral Arbitrations in Contractual Arbitration” (the “California Standards”) became effective (further described below). Prior to the enactment of the California Standards, the Exchange states that it, along with the National Association of Securities Dealers, Inc. (“NASD”) and the New York Stock Exchange (“NYSE”, and collectively with PCX and NASD, the “Exchanges”), made several efforts to raise their concerns about the California Standards with the California Judicial Council and Legislative staff. The Exchange states that these attempts did not meet with any success, and the California Standards became effective without addressing the Exchanges' concerns. Since then, PCX has been attempting to develop an appropriate process by which it can appoint arbitrators in California.
NASD and NYSE filed a joint complaint in federal court for declaratory relief (the “Complaint”) in which they contend that the California Standards cannot lawfully be applied to NASD and NYSE, because the California Standards are preempted by federal law
While waiting for the court's guidance on this issue, NASD and NYSE announced that they were temporarily postponing the appointment of arbitrators for new arbitrations in California. While PCX has not joined in the Complaint to date, PCX concurs with NASD's and NYSE's position in this matter, as well as the Commission's as set forth in its friend of the court brief, and believes that the court's decision could be applicable to PCX also. PCX has therefore been reluctant to appoint arbitrators pending the court's decision.
On September 5, 2002, Harvey L. Pitt, Chairman of the Commission, sent a letter to NASD and NYSE requesting them to explore ways to expedite processing of arbitration claims involving California parties.
The California Standards became effective July 1, 2002. They are intended to address potential conflicts of interest that could exist in private arbitration forums. The Exchanges' arbitration forums, however, are part of a federal regulatory system overseen on a uniform basis by the Commission. The conflicts that the California Standards are designed to address do not exist in the Exchanges' arbitration forums, which are highly regulated dispute resolution programs. The Commission Staff sent a letter on July 1, 2002, requesting that the arbitration programs administered by the SROs be exempted from the California Standards.
The California Standards place excessive and unnecessary disclosure burdens on persons who would serve on PCX arbitration panels and who already must meet PCX's stringent disclosure requirements. The extensive record-keeping requirements, and the potential liability for even inadvertent violations of the California Standards, led PCX to conclude that if PCX were required to implement the California Standards, PCX arbitrations would be more time consuming, more costly, and there would be less arbitrators willing to be members of PCX's arbitrator pool. The California Standards would permit a party to require the removal of an arbitrator for disclosing even an immaterial relationship. An arbitrator's inadvertent failure to disclose even an immaterial relationship could also result in the removal of the arbitrator, or the vacatur of an award. The alternative dispute resolution administrator would no longer have the power to decide contested challenges to arbitrators under the California Standards. Instead, the parties would have unilateral authority to require removal of arbitrators based on disclosures under the California Standards, whether the disclosures were material or not.
NASD and NYSE filed extensive comments when the California Standards were proposed in February 2002, and followed up with meetings with the Judicial Council and Legislative staff, some of which PCX also attended. PCX also filed a letter with the Judicial Council concurring with the positions taken by NASD and NYSE and objecting to the application of the California Standards to PCX's arbitration program. Despite this, the California Standards were implemented without addressing the basic concerns of the Exchanges. NYSE and NASD formally announced in July 2002, that they were postponing appointment of arbitrators in California until this matter was resolved. PCX has been attempting to determine how it can panel arbitrations in this environment. PCX is concerned that any attempt to seat arbitrators pursuant to the California Standards would result in: (a) the potential for limitless objections to arbitrators based on potentially immaterial disclosures required under the California Standards, (b) unacceptable risk of liability to arbitrators and PCX, (c) the likelihood that PCX's arbitrator pool would decrease dramatically due to the costs associated with the required record-keeping and the risk of liability, and (d) an overall increase in the cost of arbitrations to the parties due to all of these factors.
PCX states that it has a strong desire to accommodate parties to arbitration in California in this uncertain environment. PCX reviewed NASD's proposed rule change that would require industry parties to waive the California Standards in all cases in which all the parties in the case who are customers (or in industry cases, who are associated persons with claims of statutory employment discrimination) agree to waive the application of the California Standards. PCX states that implementation of a similar rule change would be an acceptable temporary way to allow PCX to continue to provide arbitration, pending a more permanent solution. Pursuant to the waiver permitted by this Rule change, the matter would proceed under the existing PCX Arbitration Rules, which already contain extensive disclosure requirements and provisions for challenging arbitrators with potential conflicts of interest.
Once the proposed rule filing is effective, PCX will notify investors and associated persons with claims of statutory employment discrimination, giving them the option of waiving the California Standards and providing them with waiver forms. PCX staff will also speak with investors and other
At the same time, PCX will notify industry parties in all pending California cases that they must waive the California Standards if the investor agrees to a waiver (or associated person, in the circumstances described above). Industry parties in such cases will be required to execute waiver agreements. However, their failure to do so will not stop the cases from moving forward.
If all parties waive the California Standards as permitted by the proposed Rule change, PCX will immediately commence the arbitrator appointment process using the PCX Rules regarding arbitrator disclosures, and not the California Standards.
PCX requests that this Rule change become effective immediately, for a six-month pilot period. If the outcome of NASD's and NYSE's lawsuit is that the California Standards do not apply to SROs, the waivers will no longer be necessary. Cases that had already been empanelled pursuant to a waiver would continue to conclusion with the existing panel. If the lawsuit has not concluded by the expiration of the initial six-month period, PCX may request an extension.
PCX believes that this proposal is consistent with section 6(b)
PCX does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act.
Written comments on the proposed rule change were neither solicited nor received.
Interested persons are invited to submit written data, views and arguments concerning the foregoing, including whether the proposal is consistent with the Act. Persons making written submissions should file six copies thereof with the Secretary, Securities and Exchange Commission, 450 Fifth Street, NW., Washington, DC 20549-0609. Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room. Copies of such filing will also be available for inspection and copying at the principal office of the PCX. All submissions should refer to File No. SR-PCX-2002-71 and should be submitted by December 20, 2002.
After careful review, the Commission finds that the proposed rule change is consistent with the requirements of the Act and the rules and regulations thereunder applicable to a national securities exchange, and, in particular, the requirements of section 6 of the Act.
It is therefore ordered, pursuant to Section 19(b)(2) of the Act,
For the Commission, by the Division of Market Regulation, pursuant to delegated authority.
Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
The Phlx proposes to amend its schedule of dues, fees and charges to change its current equity value transaction charge from a transaction value-based method to a share-based method. Equity transaction charges will be assessed on a sliding scale in relation to how many shares are traded per transaction, as opposed to the total value of the transaction. The proposed equity per share transaction charge will continue to exclude specialist trades and PACE trades, and will continue to be subject to a $50 maximum fee per trade side.
The text of the proposed rule change is below. Proposed new language is in italics; proposed deletions are in brackets.
In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements.
The purpose of the proposed rule change is to change the Phlx's calculation of transaction charges from a value-based system to a share-based system in order to simplify the Phlx's transaction fee schedule. The Exchange believes a share-based system is easier for a member organization or a member to calculate current, and predict future, costs associated with these transactions. In addition, other exchanges use a share-based system.
The Exchange believes that the proposed rule change is consistent with section 6(b) of the Act
The Exchange does not believe that the proposed rule change will impose any inappropriate burden on competition.
No written comments were either solicited or received.
The proposed rule change has become effective pursuant to section 19(b)(3)(A)(ii) of the Act
Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposal is consistent with the Act. Persons making written submissions should file six copies thereof with the Secretary, Securities and Exchange Commission, 450 Fifth Street, NW., Washington, DC 20549-0609. Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for inspection and copying in the Commission's Public Reference Room. Copies of such filing will also be available for inspection and copying at the principal office of the Exchange. All submissions should refer to file number SR-Phlx-2002-64, and should be submitted by December 20, 2002.
For the Commission, by the Division of Market Regulation, pursuant to delegated authority.
Small Business Administration, Interagency Committee on Subcontract Reporting.
Notice of public meeting.
The Subcontract Reporting Subcommittee of the Socio-Economic Committee of the Procurement Executive Council will hold an Industry Forum on December 16, 2002, at 10 a.m. to 1 p.m. hosted by the Small Business Administration at 409 Third Street, SW., Washington, DC 20416 in the Eisenhower Conference Room. The purpose of the forum is to demonstrate an existing government-owned internet-based electronic reporting system, describe anticipated enhancements necessary to implement government-wide electronic subcontract reporting, and obtain comments from potential industry users. Potential users are other than small businesses required to submit subcontract reports pursuant to Federal Acquisition Regulation 52.219-9. Space is limited so seating is on a first-come basis. Those planning to attend should register at:
December 16, 2002; Small Business Administration, 10 a.m. to 1 p.m. in the Eisenhower Conference Room. The objective of this meeting is to provide an opportunity for industry users to provide input on plans for implementing a government-wide electronic subcontract reporting system.
The meeting will be held at 10 a.m. to 1 p.m. on December 16, 2002.
The meeting will be held in the Eisenhower Conference Room at the headquarters of the Small Business Administration, 409 Third Street, SW., Washington, DC 20416.
In 2002, the Procurement Executive Council's Socio-Economic Committee established the Subcontract Reporting Subcommittee to explore government-wide electronic subcontract reporting as part of the E-Government initiative. The Subcommittee is chaired by the Deputy Director of the Department of Navy's Office of Small and Disadvantaged Business Utilization and includes stakeholders from the Small Business Administration, Department of Defense, Department of Energy (DOE), Department of Health and Human Services, Department of State, and General Services Administration.
The DOE demonstrated its internet-based electronic subcontract reporting system to the Subcommittee. The Subcommittee is considering recommending adoption of the Department of Energy's system with enhancements for government-wide use to satisfy mandatory subcontract reporting requirements by other than small businesses.
This meeting is the industry forum intended to observe a demonstration of the current electronic reporting system, receive a description of planned enhancements, and provide comments regarding the merit and feasibility of adopting such a system for government-wide subcontract reporting.
(a) The meeting will be informal in nature and will be conducted by representatives of the Subcontract Reporting Subcommittee.
(b) The meeting will be open to all persons on a space-available basis. Every effort was made to provide a meeting site with sufficient seating capacity for the expected participation. There will be neither admission fee nor other charge to attend and participate.
(c) DOE personnel present will conduct a demonstration of the current system. Any person will be allowed to ask questions during the demonstration and DOE personnel will clarify any capability of the current system that is not clear.
(d) Other Subcommittee personnel will present a briefing on the specific system enhancements desired. Any person will be allowed to ask questions during the presentation and Subcommittee personnel will clarify any part of the presentation that is not clear.
(e) Any person present may give feedback on the merit and feasibility of the desired enhancements presented. Feedback on the proposed product will be captured through discussion between Subcommittee personnel and any persons attending the meeting. The meeting will not be formally recorded. However, informal tape recordings may be made of the presentations to ensure that each respondent's comments are noted accurately.
(f) An official verbatim transcript or minutes of the informal meeting will not be made. However, a list of the attendees and a digest of discussions during the meeting will be produced. Any person attending may receive a copy of the written information upon request to the information contact, above.
(g) Every reasonable effort will be made to hear each person's feedback consistent with a reasonable closing time for the meeting. Written feedback may also be submitted to Subcommittee personnel for up to 14 days after the close of the meeting.
(a) Opening Remarks and Discussion of Meeting Procedures.
(b) Demonstration of DOE Subcontract Reporting System.
(c) Briefing on Desired System Enhancements.
(d) Request for User Input.
(e) Closing Comments.
On December 11, 1981, pursuant to the authority of 22 U.S.C. 211a and Executive Order 11295 (31 FR 10603), and in accordance with 22 CFR 51.73 (a) (3), all United States passports were declared invalid for travel to, in, or through Libya unless specifically validated for such travel. This restriction has been renewed yearly because of the unsettled relations between the United States and the Government of Libya and the possibility of hostile acts against Americans in Libya. The American Embassy in Tripoli
In light of these events and circumstances, I have determined that Libya continues to be an area “* * * where there is imminent danger to the public health or physical safety of United States travellers” within the meaning of 22 U.S.C. 211a and 22 CFR 51.73(a)(3).
Accordingly, all United States passports shall remain invalid for travel to, in, or through Libya unless specifically validated for such travel under the authority of the Secretary of State.
The Public Notice shall be effective upon publication in the
Office of the United States Trade Representative.
Notice of request for public comment and reply comment.
Pursuant to section 1377 of the Omnibus Trade and Competitiveness Act of 1988 (19 U.S.C. 3106) (“section 1377”), the Office of the United States Trade Representative (“USTR”) is reviewing, and requests comments on: The operation and effectiveness of and the implementation of and compliance with the World Trade Organization (“WTO”) Basic Telecommunications Agreement; other WTO agreements affecting market opportunities for telecommunications products and services of the United States; the telecommunications provisions of the North American Free Trade Agreement (“NAFTA”); and, other telecommunications trade agreements with the Asia Pacific Economic Cooperation (“APEC”) members, the European Union (“EU”), the Inter-American Telecommunications Commission (“CITEL”), Japan, Korea, Mexico and Taiwan. The USTR will conclude the review on March 31, 2003.
Comments are due by noon on January 3, 2003, and Reply Comments are due by noon on January 24, 2003.
Comments should be submitted to Rhonda Schnare, Office of General Counsel, Attn: Section 1377 Comments, Office of the United States Trade Representative, 600 17th Street, NW., Washington, DC 20508. As explained below, in order to ensure the most timely and expeditious receipt and consideration of comments and reply comments, USTR has arranged to accept submissions in electronic format (e-mail). Comments should be submitted electronically to
Kenneth Schagrin, Office of Industry and Telecommunications (202) 395-5663; or Rhonda Schnare, Office of the General Counsel (202) 395-3582.
Section 1377 requires the USTR to review annually the operation and effectiveness of all U.S. trade agreements regarding telecommunications products and services of the United States that are in force with respect to the United States. The purpose of the review is to determine whether any act, policy, or practice of a country that has entered into a telecommunications trade agreement with the United States is inconsistent with the terms of such agreement, or otherwise denies to U.S. firms, within the context of the terms of such agreements, mutually advantageous market opportunities. For the current review, the USTR seeks comments on:
(1) Whether any WTO member is acting in a manner that is inconsistent with its commitments under the WTO Basic Telecommunications Agreement or with other WTO obligations,
(2) Whether Canada or Mexico has failed to comply with their telecommunications commitments under NAFTA;
(3) Whether APEC or CITEL members, the EU, Japan, Korea, Mexico or Taiwan have failed to comply with their commitments under additional telecommunications agreements with the United States.
Korea: Agreements regarding protection of intellectual property rights (“IPR”) (1996), type approval of telecommunications equipment (1992/1996), transparent standard-setting processes, (1992/1997) and non-discriminatory access to Korea Telecommunications' procurement of telecommunications products (1992/1996).
Mexico: The 1997 understanding regarding test data acceptance agreements between product safety testing laboratories.
Mutual Recognition Agreements For Conformity Assessment of Telecommunications Equipment: Mutual Recognition Agreements (“MRAs”) regarding telecommunications equipment trade with the European Union (1997), APEC countries (1998), and CITEL countries (1999).
Taiwan: The February 1998 agreement on interconnection pricing for provision of wireless services in Taiwan; and, the July 1996 agreement on the licensing and provision of wireless services through the establishment of a competitive, transparent and fair wireless market in Taiwan. USTR also seeks comments on telecommunications commitments made by Taiwan to the United States in October 1999 and February 1998 as part of its accession to the WTO.
(4) Whether there remains outstanding issues from previous Section 1377 reviews on those countries or issues previously cited. Last year's review concluded that it would focus attention on the following practices as a matter of priority: (1) Mobile wireless termination rates in the European Union (EU) Member States and Japan, (2) provisioning and pricing of leased telecom lines in EU Member States and Switzerland, and (3) interconnection and other competitive concerns in Mexico. USTR continues to closely monitor other telecommunications trade practices identified in the following countries: Australia, Brazil, China, Colombia, India, Japan, Peru, and South Africa.
In order to ensure the most timely and expeditious receipt and consideration of comments and reply comments, USTR has arranged to accept submissions in electronic format (e-mail). Comments should be submitted electronically to
We strongly urge people to avail themselves of the electronic filing, if at all possible. If an e-mail submission is impossible, 15 copies may be submitted in accordance with the procedures listed below, and if not filed electronically must be delivered via private commercial courier, and arrangements must be made with Ms. Blue prior to delivery for their receipt. Ms. Blue should be contacted at (202) 395-3475.
All non-confidential comments and reply comments will be placed on the USTR website,
An appointment to review the comments may be made by calling the USTR Reading Room at (202) 395-6186. The USTR Reading Room is open to the public from 9:30 a.m. to 12 noon, and from 1 p.m. to 4 p.m., Monday through Friday, and is located in Room 3 of 1724 F Street, NW.
Federal Highway Administration (FHWA), DOT.
Notice of Intent.
The FHWA is issuing this notice to advise the public that an environmental impact statement will be prepared for the proposed relocation of the Rutland rail switching yard and related improvements.
Rob Sikora, Environmental Program Manager, Federal Highway Administration, P.O. Box 568, Montpelier, Vermont 05601. Telephone: 802-828-4433.
The FHWA, in cooperation with the Vermont Agency of Transportation (VTrans) and the Rutland Redevelopment Authority (RRA), will prepared an Environmental Impact Statement (EIS) for the proposed relocation of the Rutland rail switching yard and related improvements in Rutland, Vermont. Relocation of the existing rail yard is considered necessary due to changes to both the City of Rutland and the railroad. The existing rail yard site is in downtown Rutland. Industry in Rutland has changed and the rail yard results in frequent noise, traffic delay and congestion, safety hazards to pedestrians and vehicles, and occupies land that could be redeveloped.
Other improvements related to the proposed rail yard relocation are the construction of a new access road from Route 4 to downtown Rutland paralleling the rail line corridor, a connector track at Howe Center between the Green Mountain Railroad Corporation (GMRC) and the switching yard and a connector track in Center Rutland, Town of Rutland, between the Clarendon and Pittsford Railroad (CLP) and Vermont Railway (VTR).
Alternatives under consideration include (1) taking no action; (2) improvement to the existing rail yard; and (3) alternative relocation sites with associated connector tracks and downtown access roads.
Letters describing the proposed action and soliciting comments will be sent to appropriate Federal, State and local agencies, and to private organizations and citizens who have previously expressed or are known to have interest in this proposal. A series of public meetings will be held in Rutland. In addition, a public hearing will be held. Public notice will be given of the time and place of the meetings and hearing. The draft EIS will be available for public and agency review and comment prior to the public hearing. No formal scoping meeting is planned at this time.
To ensure that a full range of issues related to this proposed action are addressed and all significant issues identified, comments and suggestions are invited from all interested parties. Comments or questions concerning this proposed action and the EIS should be directed to FHWA at the address provided above.
Federal Highway Administration (FHWA), DOT.
Notice of Intent.
The FHWA is issuing this notice to advise the public that an Environmental Impact Statement (EIS) will be prepared for a proposed highway project in South Kohala, Hawaii.
Mr. Abraham Wong, Hawaii Division Administrator, Federal Highway Administration, Office Address: 300 Ala Moana Blvd., Room 3-306, Honolulu, Hawaii 96813, Mailing Address: Box 50206, Honolulu, Hawaii 96850, Telephone: (808) 541-2700.
The FHWA in cooperation with the State of Hawaii, Department of Transportation, Highways Division, will prepare an Environmental Impact Statement (EIS) for a new highway from Waimea Town to Kawaihae Harbor. The project will provide improved highway, approximately 14 miles in length, which will facilitate the movement of goods and people between Central and West Hawaii. The new highway would also be supportive of anticipated heavier traffic demands and special needs, including the movement of military and commercial truck traffic.
In addition to several highway alignments, the project will analyze various other alternatives, including: (1) no action and (2) transportation system management strategies.
A letter describing the proposed action and soliciting comments has been sent to appropriate Federal, State and local agencies, and to private organizations and individuals, who have expressed an interest in this project. Several interagency and public scoping meetings will soon be scheduled. A public hearing will be held after publication of the project's draft EIS; public notice will be given of the time and place of the hearing. In addition, the draft EIS will be available for public and agency review and comment prior to the public hearing.
To ensure that the full range of issues related to this proposed action are addressed and all significant issues identified, comments and suggestions are invited from all interested parties. Comments or questions concerning this proposed action and the EIS should be directed to the FHWA at the above address.
Federal Motor Carrier Safety Administration (FMCSA), DOT.
Notice of meeting/forum.
This notice invites interested persons to participate in a forum sponsored by the FMCSA Office of Research and Technology for the purpose of: Sharing information regarding the FMSCA new research approach; Learning how to establish partnerships with the agency's Office of Research and Technology on future projects; and Providing information on the accomplishments of the Research and Technology Office since last year's Transportation Research Board (TRB) Annual Meeting.
Mr. Albert Alvarez, Office of Research and Technology (MC-RTR), Federal Motor Carrier Safety Administration, 400 Virginia Avenue, SW., Washington, DC 20024; telephone (202) 358-5684 or e-mail
Forum attendees will receive a Continental Breakfast and a Information Packet. The forum is open to the public, but will be limited to the space available. If you are planning to attend this forum, you
If you are planning to attend the TRB Annual Meeting, you must register separately for it at:
As required by section 9(a)(2) of the Federal Advisory Committee Act, the Department of Veterans Affairs (VA) hereby gives notice of the establishment of the Capital Asset Realignment for Enhanced Services (CARES) Commission. The Secretary of Veterans Affairs has determined that establishing the Commission is both necessary and in the public interest.
The Commission will conduct a nationwide review to determine VA's capability to support the delivery of veterans health care services through the next 20 years and will make specific recommendations to the Secretary regarding the realignment and allocation of capital assets necessary to provide such services. In making its recommendations, the Commission with focus on the accessibility and cost effectiveness of care to be provided, while ensuring that the integrity of VA's health care and related missions is maintained, and any adverse impact on VA staff and affected communities is minimized.
The Commission will consider recommendations submitted by the VA Under Secretary for Health and will also consider other views and concerns submitted in writing during a 60-day period following the Under Secretary's recommendations. The Commission will also hold public hearings to receive and consider the views and recommendations of veterans service organizations, Congress, medical school affiliates, VA employees, local government entities, affected community groups and other interested parties.
The Commission shall consist of members appointed by the Secretary. Those members shall serve as objective advisors to the Secretary. The Commission shall submit its recommendations to the Secretary not later than September 30, 2003, unless that date is extended by the Secretary.
By Direction of the Secretary.
The Department of Veterans Affairs (VA) gives notice under Public Law 92-463 (Federal Advisory Committee Act) that a meeting of the Scientific Review and Evaluation Board for Health Services Research and Development Service will be held at the Safety Harbor Resort, 105 North Bay Shore Drive, Safety Harbor, Tampa, FL 34695, from January 22-24, 2003. The Nursing Research Initiative (NRI) review will convene on January 22, 2003, from 8 a.m.-1 p.m. The Investigator Initiated Research (IIR) review will convene from 1 p.m. until 5 p.m. and 7 p.m. until 9 p.m. on January 22, 2003, from 8 a.m. until 5 p.m. on January 23, 2003, and from 8 a.m. until 5 p.m. on January 24, 2003.
The purpose of the meeting is to review research and development applications concerned with the measurement and evaluation of health care services and with testing new methods of health care delivery and management, and nursing research. Applications are reviewed for scientific and technical merit. Recommendations regarding funding are prepared for the Chief Research and Development Officer.
The Investigator Initiated Research review meeting will be open to the public on January 22 for approximately one half-hour from 7 p.m. until 7:30 p.m. to cover administrative matters and to discuss the general status of the program. The closed portion of the meeting involves discussion, examination, reference to, and oral review of staff and consultant critiques of research protocols and similar documents. During this portion of the meeting, discussion and recommendations will include qualifications of the personnel conducting the studies (the disclosure of which would constitute a clearly unwarranted invasion of personal privacy), as well as research information (the premature disclosure of which would be likely to frustrate significantly the implementation of proposed agency action regarding such research projects). As provided by the subsection 10(d) of Public Law 92-463, as amended by Public Law 94-409, closing portions of these meetings is in accordance with 5 U.S.C. 552b(c)(6) and (9)(B).
Those who plan to attend the open session should contact the Assistant Director, Scientific Review (124F), Health Services Research and Development Service, Department of Veterans Affairs, 1400 Eye Street, NW., Suite 780, Washington, DC, at least five days before the meeting. For further information, call (202) 408-3661.
By Director of the Secretary.
Department of Veterans Affairs.
Notice.
The Department of Veterans Affairs (VA) hereby gives notice of the weighted average poverty threshold established for 2001 for one person (unrelated individual) as established by the Bureau of the Census. The amount is $9,039.
For VA determinations, the 2001 poverty threshold is effective September 24, 2002, the date on which it was established by the Bureau of the Census.
Paul Trowbridge, Consultant, Compensation and Pension Service, Veterans Benefits Administration, Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420, (202) 273-7218.
We published a final rule amending 38 CFR 4.16(a) in the
The Bureau of the Census recently published the weighted average poverty thresholds for 2001. The threshold for one person (unrelated individual) is $9,039.
In notice document 02-29666 appearing on page 70291 in the issue of Thursday, November 21, 2002, make the following correction:
On page 70291, in the first column, under the
Fish and Wildlife Service, Interior.
Proposed rule.
We, the U.S. Fish and Wildlife Service (Service), propose designation of critical habitat for the Klamath River and Columbia River distinct population segments of bull trout (
If this proposal is made final, Federal agencies will be required to meet the requirements of section 7(a)(2) of the Act with regard to critical habitat. Specifically, Federal agencies shall, in consultation with us, ensure that any action they authorize, fund, or carry out is not likely to result in the destruction or adverse modification of critical habitat. The term “destruction or adverse modification” means direct or indirect alteration that appreciably diminishes the value of the critical habitat for both the survival and recovery of a listed species (50 CFR 402.02). Section 4(b)(2) of the Act requires our designation of critical habitat to be made on the basis of the best scientific data available and after taking into consideration the economic impact, and any other relevant impact, of specifying any particular area as critical habitat.
We solicit data and comments from the public on all aspects of this proposal, including data on economic and other impacts of the designation. We may revise this proposal prior to final designation to address new information received during the comment period.
We will consider all comments on this proposed rule received until the close of business on January 28, 2003. We will hold public hearings from 6 p.m. to 8 p.m. at the following locations on the dates specified: Wenatchee, WA, on January 7, 2003; Polson, MT, on January 7, 2003; Salmon, ID, on January 7, 2003; Spokane, WA, on January 9, 2003; Lewiston, ID, on January 9, 2003; Boise, ID, on January 14, 2003; Eugene, OR, on January 14, 2003; Pendleton, OR, on January 16, 2003; and Klamath Falls, OR, on January 22, 2003. (See the Public Hearings section for additional information, including specific addresses for each location.)
If you wish to comment, you may submit your comments and materials by any of several methods:
You may submit written comments and information to John Young, Bull Trout Coordinator, U.S. Fish and Wildlife Service, Branch of Endangered Species, 911 NE. 11th Avenue, Portland, Oregon 97232 (telephone 503/231-6131; facsimile 503/231-6243).
You may hand-deliver written comments to our office during normal business hours at the address given above.
You may also send comments by electronic mail (e-mail) to:
See the Public Comments Solicited section below for file format and other information about electronic filing.
Comments and materials received will be available for public inspection, by appointment, during normal business hours at the above address.
John Young, at the above address, (telephone 503/231-6131; facsimile 503/231-6243).
Bull trout (
Bull trout were first described as
Bull trout exhibit a number of life-history strategies. Stream-resident bull trout complete their entire life cycle in the tributary streams where they spawn and rear. Some bull trout are migratory, spawning in tributary streams where juvenile fish usually rear from 1 to 4 years before migrating to either a larger river (fluvial) or lake (adfluvial) where they spend their adult life, returning to the tributary stream to spawn (Fraley and Shepard 1989). These migratory forms occur in areas where conditions allow for movement from upper watershed spawning streams to larger downstream waters that contain greater foraging opportunities (Dunham and Rieman 1999). Resident and migratory forms may be found together, and either form can produce resident or migratory offspring (Rieman and McIntyre 1993). Bull trout in the Coastal-Puget Sound area are believed to include an
The size of bull trout is variable depending on life-history strategy. Resident bull trout tend to be small, averaging 200 millimeters (mm) (8 inches (in)) in length and rarely exceeding 305 mm (12 in). Adults that migrate to larger downstream rivers average about 405 mm (16 in), and often exceed 610 mm (24 in) (Goetz 1989). Maximum sizes are reached in large lakes and reservoirs where adults grow over 685 mm (27 in) in length and 10 kilograms (kg) (22 pounds (lbs)) in weight (McPhail and Baxter 1996). The largest recorded bull trout was taken in Lake Pend Oreille, Idaho, in 1949; it was almost 1 meter (m) (39 in) long and weighed 14.6 kg (32 lbs) (Simpson and Wallace 1982).
Under appropriate conditions, bull trout regularly live to 10 years, and under exceptional circumstances, reach ages in excess of 20 years (Fraley and Shepard 1989; McPhail and Baxter 1996). They normally reach sexual maturity in 4 to 7 years.
Bull trout are opportunistic feeders, with food habits that primarily are a function of size and life history strategy. Resident and juvenile migratory bull trout prey on terrestrial and aquatic insects, macro-zooplankton, and small fish (Donald and Alger 1993; McPhail and Baxter 1996). Adult migratory bull trout feed almost exclusively on other fish (Rieman and McIntyre 1993).
Bull trout have more specific habitat requirements than most other salmonids (Rieman and McIntyre 1993). Habitat components that particularly influence their distribution and abundance include water temperature, cover, channel form and stability, spawning and rearing substrate conditions, and migratory corridors (Fraley and Shepard 1989; Goetz 1989; Watson and Hillman 1997).
Relatively cold water temperatures are characteristic of bull trout habitat. Water temperatures above 15 °Celsius (C) (59 °Fahrenheit (F)) are believed to limit their distribution (Fraley and Shepard 1989; Rieman and McIntyre 1996). Although adults have been observed in large rivers throughout the Columbia River basin in water temperatures up to 20 °C (68 °F), Gamett (1999) documented steady and substantial declines in abundance in stream reaches where water temperature ranged from 15 to 20 °C (59 to 68 °F). Thus, water temperature may partially explain the generally patchy distribution of bull trout in a watershed. In large rivers, bull trout are often observed “dipping” into the lower reaches of tributary streams, and it is suspected that cooler waters in these tributary mouths may provide important thermal refugia, allowing them to forage, migrate, and overwinter in waters that would otherwise be, at least seasonally, too warm. Spawning areas often are associated with cold-water springs, groundwater infiltration, and the coldest streams in a given watershed (Pratt 1992; Rieman and McIntyre 1993; Rieman
Throughout their lives, bull trout require complex forms of cover, including large woody debris, undercut banks, boulders, and pools (Fraley and Shepard 1989; Watson and Hillman 1997). Juveniles and adults frequently inhabit side channels, stream margins, and pools with suitable cover (Sexauer and James 1997). McPhail and Baxter (1996) reported that newly emerged fry are secretive and hide in gravel along stream edges and in side channels. They also reported that juveniles are found mainly in pools but also in riffles and runs that they maintain focal sites near the bottom, and that they are strongly associated with instream cover, particularly overhead cover. Bull trout have been observed overwintering in deep beaver ponds or pools containing large woody debris (Jakober 1995). Adult bull trout migrating to spawning areas have been recorded as staying two to four weeks at the mouths of spawning tributaries in deeper holes or near log or cover debris (Fraley and Shepard (1989)).
The stability of stream channels and stream flows are important habitat characteristics for bull trout populations (Rieman and McIntyre 1993). The side channels, stream margins, and pools with suitable cover for bull trout are sensitive to activities that directly or indirectly affect stream channel stability and alter natural flow patterns. For example, altered stream flow in the fall may disrupt bull trout during the spawning period, and channel instability may decrease survival of eggs and young juveniles in the gravel during winter through spring (Fraley and Shepard 1989; Pratt 1992; Pratt and Huston 1993).
Watson and Hillman (1997) concluded that watersheds must have specific physical characteristics to provide the necessary habitat requirements for bull trout spawning and rearing, and that the characteristics are not necessarily ubiquitous throughout the watersheds in which bull trout occur. The preferred spawning habitat of bull trout consists of low-gradient stream reaches with loose, clean gravel (Fraley and Shepard 1989). Bull trout typically spawn from August to November during periods of decreasing water temperatures (Swanberg 1997). However, migratory forms are known to begin spawning migrations as early as April, and to move upstream as much as 250 km (155 mi) to spawning areas (Fraley and Shepard 1989; Swanberg 1997). Fraley and Shepard (1989) reported that initiation of spawning by bull trout in the Flathead River system appeared to be related largely to water temperature, with spawning initiated when water temperatures dropped below 9-10 °C (48 to 50 °F). Goetz (1989) reported a temperature range from 4 to 10 °C (39 to 50 °F) (Goetz 1989). Such areas often are associated with cold-water springs or groundwater upwelling (Rieman
Depending on water temperature, egg incubation is normally 100 to 145 days (Pratt 1992). Water temperatures of 1.2 to 5.4 °C (34.2 to 41.7 °F) have been reported for incubation, with an optimum (best embryo survivorship) temperature reported to be from 2 to 4 °C (36 to 39 °F) (Fraley and Shepard 1989; McPhail and Baxter 1996). Juveniles remain in the substrate after hatching, such that the time from egg deposition to emergence of fry can exceed 200 days. During the relatively long incubation period in the gravel, bull trout eggs are especially vulnerable to fine sediments and water quality degradation (Fraley and Shepard 1989). Increases in fine sediment appear to reduce egg survival and emergence (Pratt 1992). Juveniles are likely similarly affected. High juvenile densities have been reported in areas characterized by a diverse cobble substrate and a low percent of fine sediments (Shepard
The ability to migrate is important to the persistence of local bull trout subpopulations (Rieman and McIntyre 1993; Gilpin 1997; Rieman and Clayton 1997; Rieman
While stream habitats have received more attention, lakes and reservoirs also figure prominently in meeting the life cycle requirements of bull trout. For adfluvial bull trout populations, lakes and reservoirs provide an important component of the core foraging, migrating, and overwintering habitat, and are integral to maintaining the adfluvial life history strategy that is commonly exhibited by bull trout. When juvenile bull trout emigrate downstream to a lake or reservoir from the spawning and rearing streams in the headwaters, they enter a more productive lentic environment that allows them to achieve rapid growth and energy storage. Typically, juvenile bull trout are at least two years old and 100 mm (4 inches) or longer upon entry to the lake environment. For the next 2-4 years they grow rapidly. At a typical age of five years or older, when total length normally exceeds 400 mm (16 inches), they reach sexual maturity. The lake environment provides the necessary attributes of food, space, and shelter for the subadult fish to prepare for the rigors of migratory passage upstream to the natal spawning area, a migration that may last as long as six months and cover distances as much as 250 km (155 mi) upriver.
When adfluvial bull trout reach adulthood and complete the spawning migration, mating in the fall in the stream where they originated, they usually return downstream to the lake very rapidly. Adult adfluvial bull trout may live as long as 20 years and can complete multiple migrations between the lake and the spawning stream. In many populations, alternate year spawning is the normal pattern, and adult fish may require as much as 20 months in the lake or reservoir habitat to facilitate adequate energy storage and gamete development before they return to spawn again.
In comparison to streams, lake and reservoir environments are relatively more secure from catastrophic natural events. They provide a sanctuary for bull trout, allowing them to quickly rebound from temporary adverse conditions in the spawning and rearing habitat. For example, if a major wildfire burns a drainage and eliminates most or all aquatic life (a rare occurrence), bull trout subadults and adults that survive in the lake may return the following year to repopulate the system. In this way, lakes and reservoirs provide an important adaptive element of the adfluvial life history strategy.
The construction of reservoirs may have had adverse effects to bull trout, but some reservoirs also have provided unintended benefits. For example, the basin of Hungry Horse Reservoir has functioned adequately for fifty years as a surrogate home for stranded Flathead Lake bull trout trapped upstream of the dam when it was completed. While this is an artificial impoundment, the habitat the reservoir provides and the presence of an enhanced prey base of native minnows, suckers, and whitefish within the reservoir sustain a large adfluvial bull trout population. Additionally, while barriers to migration are often viewed as a negative consequence of dams, the connectivity barrier at Hungry Horse Dam has also served an important, albeit unintended, function in restricting the proliferation of nonnative
In addition to considering various habitat features and other factors that relate to individuals and populations of bull trout in relatively localized areas, attention also is being given to broader scale considerations of the distribution and abundance of bull trout, based on applying the theories and principles of conservation biology and metapopulation dynamics (Rieman and McIntyre 1993; Kanda 1998). Conservation biology is a scientific discipline that has emerged from a basis in several other sciences (
One of the key factors influencing the distribution and abundance of bull trout is the extent to which habitat patches in sufficient number and proximity provide for the natural reestablishment of local subpopulations. The rate at which reestablishment might occur is another key factor. Because bull trout exhibit strong homing fidelity when spawning and their rate of straying appears to be low, natural reestablishment of extinct local subpopulations may take a very long time even if habitat connectivity is retained.
Genetic diversity in bull trout is another issue of concern, and is related to the distribution and abundance of bull trout habitat and populations. Habitat alteration, primarily through construction of impoundments, dams, and water diversions, has substantially increased habitat fragmentation, eliminated migratory corridors, and isolated bull trout, often in the headwaters of tributaries (Rieman
Genetic diversity enhances long-term survival of a species by increasing the likelihood that the species is able to survive changing environmental conditions. For instance, a local
Bull trout populations contain low levels of genetic variability within them compared to relatively high levels of divergence and variability exhibited among populations (Leary
Current information on the distribution of genetic diversity within and among bull trout populations is based on molecular characteristics of individual genes. While such analyses are extremely useful, they are not likely to detect variability in adaptive traits that are dependent on both the genotype (molecular genetic characteristics) and phenotype (observable expression, which may be influenced by genotype, the environment, and interactions of both) of an organism (Hard 1995). We may not be able to directly detect or measure the relations among genetic diversity, phenotypes, and adaptive traits of a population. Although the loss of a few populations may have little effect on overall genetic diversity, without conserving suites of populations and their habitats (
Studies to understand the relations among genotypic, phenotypic, and environmental variability relative to bull trout have been conducted. For example, Spruell
Scientific evidence also supports the position that maintaining multiple bull trout populations distributed and interconnected throughout their current range will provide a mechanism for reducing the risk of extinction from stochastic events (Rieman and McIntyre 1993; Rieman and Allendorf 2001; Spruell
The range of the bull trout has decreased in comparison to the known and estimated historic range in the conterminous United States. Bull trout are now extinct in northern California. Elsewhere, populations have been much reduced, fragmented, or eliminated from the main stems of many large river systems.
Historical records for the Klamath River basin suggest that bull trout in this distinct population segment were once widely distributed and exhibited diverse life-history traits in that part of their range (Ziller 1992). Currently, however, bull trout in this basin are almost entirely nonmigratory, resident fish that are confined to headwater streams (Goetz 1989). There currently are nine naturally occurring, nonmigratory populations, and one remnant fluvial population, that still occur in the Upper Klamath Lake, Sprague River, and Sycan Marsh watersheds in Oregon. They represent an estimated 21 percent of the estimated historic range of bull trout in the Klamath River basin (Quigley and Arbelbide 1997). These known remaining local populations are considered to be quite low in abundance; they are highly isolated from one another as a result of natural and human-caused conditions and are at substantial risk of extirpation due to natural disturbance cycles, random events, and other risk factors (Light
The Columbia River population segment includes bull trout residing in
Although still relatively widely distributed in the Columbia River basin, bull trout occur in low numbers in many areas, and populations are considered depressed or declining across much of their range (Ratliff and Howell 1992; Schill 1992; Thomas 1992; Buchanan
The range of the bull trout is likely to have contracted and expanded over time in relation to natural climate changes; the distribution of the species probably was likely patchy even in pristine environments. However, regardless of uncertainty about the exact historical range, the number and size of historical populations, and the role of natural factors in the status of the species, there is widespread agreement in scientific literature that many factors related to human activities have impacted bull trout and continue to pose significant risks of further extirpations of local populations. Among the many factors that contributed to the decline of bull trout in the Columbia River and Klamath River basins, those which appear to be particularly significant are as follows: (1) Fragmentation and isolation of local populations due to the proliferation of dams and water diversions that have eliminated habitat, altered water flow and temperature regimes, and impeded migratory movements (Rieman and McIntyre 1993; Dunham and Rieman 1999); (2) degradation of spawning and rearing habitat in upper watershed areas, particularly alterations in sedimentation rates and water temperature, resulting from past forest and rangeland management practices and intensive development of roads (Fraley and Shepard 1989; Montana Bull Trout Scientific Group (MBTSG) 1998); and (3) the introduction and spread of nonnative species, particularly brook trout (
The ramifications and effects of isolation and habitat fragmentation on various aspects of the life cycle of bull trout are highlighted in much of the scientific literature on this species. Isolation of populations and habitat fragmentation resulting from barriers to migration have negatively impacted affected bull trout in several ways that have important implications for the conservation of the species. These include: (1) Reducing geographical distribution (Rieman and McIntyre 1993, MBTSG 1998); (2) increasing the probability of losing individual local populations (Rieman and McIntyre 1993, Rieman
Introduced brook trout threaten bull trout through competition, hybridization, and possibly predation (Leary
On September 18, 1985, we published an animal Notice of Review in the
On June 13, 1997, we published in the
On January 26, 2001, the Alliance for the Wild Rockies, Inc. and Friends of the Wild Swan, Inc. filed a lawsuit in the U.S. District Court of Oregon challenging our failure to designate critical habitat for bull trout. We entered into a settlement agreement on January 14, 2002, which stipulated that we would make critical habitat determinations for the five population segments of bull trout (Civil Case No: CV 01-127-JO). For the Klamath River and Columbia River populations, we agreed to submit for publication in the
Critical habitat is defined in section 3 of the Act as: (i) The specific areas within the geographical area occupied by a species, at the time it is listed in accordance with the Act, on which are found those physical or biological features (I) essential to the conservation of the species, and (II) which may require special management considerations or protection; and (ii) specific areas outside the geographic area occupied by a species at the time it is listed, upon a determination that such areas are essential for the conservation of the species. “Conservation” is defined by the Act as the use of all methods and procedures which are necessary to bring any endangered or a threatened species to the point at which the measures provided pursuant to the Act are no longer necessary.
Critical habitat receives protection under section 7(a)(2) of the Act through the requirement that Federal agencies shall, in consultation with us, ensure that any action they authorize, fund, or carry out is not likely to result in the destruction or adverse modification of critical habitat. Section 7(a)(4) requires Federal agencies to confer with us on any agency action which is likely to result in the destruction or adverse modification of proposed critical habitat. The term “destruction or adverse modification” is defined at 50 CFR 402.02 as a direct or indirect alteration that appreciably diminishes the value of critical habitat for both the survival and recovery of a listed species. Such alterations include, but are not limited to, alterations adversely modifying any of those physical or biological features that were the basis for determining the habitat to be critical.
Aside from the added protection that may be provided under section 7, the Act does not provide other forms of protection to lands designated as critical habitat. Because the consultation requirements under section 7 of the Act do not apply to activities on private or other non-Federal lands unless those activities involve a Federal nexus, critical habitat designation on such lands would not afford any additional protections under the Act.
Critical habitat also provides nonregulatory benefits to the species by informing the public and private sectors of areas that are important for species recovery, and where conservation actions would be most effective. Designation of critical habitat can help focus conservation activities for a listed species by identifying areas that contain the physical and biological features essential for the conservation of that species, and can alert the public as well as land-managing agencies to the importance of those areas. Critical habitat also identifies areas that may require special management considerations or protection, and may help provide protection to areas where significant threats to the species have been identified, by helping people to avoid causing accidental damage to such areas.
In order to be included in a critical habitat designation, the habitat must be “essential to the conservation of the species.” Critical habitat designations identify, to the extent known, and using the best scientific data available, habitat areas that provide at least one of the physical or biological features essential to the conservation of the species (primary consituent elements, as defined at 50 CFR 424.12(b)). Section 3(5)(C) of the Act specifies that except in those circumstances determined by the Secretary of the Interior (Secretary), critical habitat shall not include the entire geographical areas which can be occupied by the listed species. Regulations at 50 CFR 424.12(e) also state that, “The Secretary shall designate as critical habitat areas outside the geographical area presently occupied by the species only when a designation limited to its present range would be inadequate to ensure the conservation of the species.”
Section 4(b)(2) of the Act requires that we take into consideration the economic impact, and any other relevant impact, of specifying any particular area as critical habitat. We may exclude areas from critical habitat designation if we determine that the benefits of such exclusion outweigh the benefits of including the areas within critical habitat, unless we determine, based on the best scientific and commercial data available, that the failure to designate such area as critical habitat will result in the extinction of the species.
Section 4 of the Act requires that we designate critical habitat based on what we know at the time of designation. We recognize that habitat is often dynamic, undergoing naturally-occurring changes that can alter its importance to, and use by, a listed species. Furthermore, we recognize that designation of critical habitat may not include all of the habitat areas that may eventually be determined to be necessary for the recovery of the species. For these reasons, critical habitat designations do not signal that habitat outside the designation is unimportant or may not be required for recovery. Areas that support newly discovered populations in the future, but are outside the critical habitat designation, will continue to be subject to conservation actions implemented under section 7(a)(1) of the Act, to the regulatory protections afforded by the section 7(a)(2) jeopardy standard, and to the section 9 prohibitions, as determined on the basis of the best available information at the time of the action. Federally funded or assisted projects affecting listed species outside their designated critical habitat areas may still result in jeopardy findings in some cases. Similarly, critical habitat designations made on the basis of the best available information at the time of designation will not control the direction and substance of future recovery plans, habitat conservation plans, or other species conservation planning efforts if new information available to these planning efforts calls for a different outcome.
Section 4(a)(3) of the Act requires that, to the maximum extent prudent and determinable, we designate critical habitat concurrently with listing a species. In our final listing rule (63 FR 31647), we concluded that the designation of critical habitat for the bull trout was not determinable at that time, explaining that the biological needs of bull trout in the Klamath River and Columbia River population segments were not sufficiently well known to permit identification of areas as critical habitat. Further, the extent of habitat required and specific management measures needed for recovery of these fish had not been identified.
Shortly after the species was listed in 1998, we initiated development of a recovery plan for bull trout and convened 27 individual Recovery Unit Teams throughout five States to begin gathering information on the status and conservation needs of the species. These
Our Policy on Information Standards Under the Endangered Species Act, published on July 1, 1994 (59 FR 34271), provides criteria, establishes procedures, and provides guidance to ensure that the decisions made by the Service represent the best scientific and commercial data available. It requires that our biologists, to the extent consistent with the Act and with the use of the best scientific and commercial data available, use primary and original sources of information as the basis for recommendations to designate critical habitat. When determining which areas are critical habitat, a primary source of information should be the listing rule for the species. Additional information may be obtained from a recovery plan, articles in peer-reviewed journals, conservation plans developed by States and counties, scientific status surveys and studies, biological assessments, unpublished materials, and expert opinions.
As required by the Act and regulations at 50 CFR 424.12, we used the best scientific data available to determine critical habitat, giving consideration to those physical and biological features that are essential to the conservation of the bull trout. As described at 50 CFR 424.12(b), such requirements include, but are not limited to, the following: (1) Space for individual and population growth and for normal behavior; (2) Food, water, or other nutritional or physiological requirements; (3) Cover or shelter; (4) Sites for breeding, reproduction, rearing of offspring; and generally; (5) Habitats that are protected from disturbance or are representative of the historic geographical and ecological distributions of a species.
In proposing critical habitat, we reviewed the overall approaches to the conservation of the species undertaken by local, State, and Federal agencies; Tribal governments; and private individuals and organizations since the species was listed in 1998. We relied heavily on information developed by the bull trout Recovery Unit Teams, which were comprised of Federal, State, Tribal, and private biologists, as well as experts from other scientific disciplines such as hydrology and forestry, resource users, and other stakeholders with an interest in bull trout and the habitats they depend on for survival. We reviewed available information concerning bull trout habitat use and preferences, habitat conditions, threats, limiting factors, population demographics, and the known locations, distribution and abundances of bull trout.
During our evaluation of information, we also took into account the relatively low probability of detection of bull trout in traditional fish sampling and survey efforts, as well as the limited extent of such efforts across the range of bull trout. Because of their varied life history strategies, nocturnal habits, and low population densities in many areas, the detectability of bull trout in a given area is highly variable (Rieman and McIntyre 1993). Furthermore, much of the current information on bull trout presence is the product of informal surveys or sampling conducted for other species or other purposes. The primary limitations of informal surveys are that they provide no estimate of certainty (
Important considerations in selecting areas for critical habitat designation include factors specific to each river system, such as size (
Our method included consideration of information regarding habitat essential to maintaining the migratory life history forms of bull trout, in light of the repeated emphasis about the importance of such habitat in the scientific literature (Rieman and McIntryre 1993; Hard 1995; Healey and Prince 1995; Rieman
Migratory corridors also are important for movement between populations (
In accordance with section 3(5)(A)(i) of the Act and regulations at 50 CFR 424.12, in determining which areas to propose as critical habitat, we are required to base our proposal on the best scientific data available, and to consider those physical and biological features that are essential to the conservation of the species and that may require special management considerations or protection. These physical and biological features include, but are not limited to: space for individual and population growth, and for normal behavior; food, water, or other nutritional or physiological requirements; cover or shelter; sites for breeding, reproduction, or rearing of offspring; and habitats that are protected from disturbance or are representative of the historic geographical and ecological distributions of a species. All areas proposed as critical habitat for bull trout are within the historic geographic range of the species and contain one or more of these physical or biological features essential to the conservation of the species. The regulations also require that we include a list of known primary constituent elements with the critical habitat description. As described in the regulations, the primary constituent elements may include, but are not limited to, features such as spawning sites, feeding sites, and water quality or quantity. Following is a brief summary of information we considered in our identification of primary constituent elements. Additional and more detailed information is available in the administrative record for the proposed rule.
We determined the primary constituent elements for bull trout from studies of their habitat requirements, life-history characteristics, and population biology, as outlined above. These primary constituent elements are:
(1) Permanent water having low levels of contaminants such that normal reproduction, growth and survival are not inhibited;
(2) Water temperatures ranging from 2 to 15 °C (36 to 59 °F), with adequate thermal refugia available for temperatures at the upper end of this range. Specific temperatures within this range will vary depending on bull trout life history stage and form, geography, elevation, diurnal and seasonal variation, shade, such as that provided by riparian habitat, and local groundwater influence;
(3) Complex stream channels with features such as woody debris, side channels, pools, and undercut banks to provide a variety of depths, velocities, and instream structures;
(4) Substrates of sufficient amount, size, and composition to ensure success of egg and embryo overwinter survival, fry emergence, and young-of-the-year and juvenile survival. A minimal amount of fine substrate less than 0.63 cm (0.25 in) in diameter and minimal substrate embeddedness are characteristic of these conditions;
(5) A natural hydrograph, including peak, high, low, and base flows within historic ranges or, if regulated, a hydrograph that demonstrates the ability to support bull trout populations;
(6) Springs, seeps, groundwater sources, and subsurface water connectivity to contribute to water quality and quantity;
(7) Migratory corridors with minimal physical, biological, or chemical barriers between spawning, rearing, overwintering, and foraging habitats, including intermittent or seasonal barriers induced by high water temperatures or low flows;
(8) An abundant food base including terrestrial organisms of riparian origin, aquatic macroinvertebrates, and forage fish; and
(9) Few or no predatory, interbreeding, or competitive nonnative species present.
The areas proposed as critical habitat for the Klamath River and Columbia River Basin DPSs of bull trout are designed to incorporate what is essential for their conservation. An area need not include all nine of the primary constitutent elements to qualify for designation as critical habitat.
The Draft Recovery Plan (USFWS 2002) identifies the specific recovery needs of the species and provides guidance for identifying areas that warrant critical habitat designation. As described below, this Draft Recovery Plan was used as the principal basis for identifying the critical habitat in this proposed designation. Use of the Draft Recovery Plan for this purpose raises significant issues about the scope and impact of this proposed designation. In particular, areas included in this proposal may not meet the statutory definition of critical habitat insofar as they may not be essential to the conservation of bull trout. We will re-evaluate the proposed rule based on public comment, peer review of the proposed rule and the Draft Recovery Plan, the economic analysis of the proposed rule and the public comments on that analysis, and other available information, to ensure that the designation accurately reflects habitat that is essential to the conservation of the species.
The draft recovery strategy focuses primarily on the maintenance (and, where needed, expansion) of existing local populations by: (1) Protecting sufficient amounts of spawning and rearing habitat in upper watershed areas; (2) providing suitable habitat conditions in downstream rivers and lakes to provide foraging and overwintering habitat for fluvial and adfluvial fish; and (3) sustaining (and in some cases reestablishing) movement corridors to maintain migratory routes and the potential for gene flow between local populations by maintaining habitat conditions that allow for fish passage.
Critical habitat units are patterned after recovery units identified in the Draft Recovery Plan (USFWS 2002) for the Klamath River and Columbia River population segments. Using the guidance from that plan, we identified habitat areas needed for the survival and recovery of bull trout. To be included as critical habitat, an area had to provide one or more of the following three functions: (1) Spawning, rearing, foraging, or overwintering habitat to support existing bull trout local populations; (2) movement corridors necessary for maintaining migratory life-history forms; and/or (3) suitable and historically occupied habitat that is essential for recovering existing local populations that have declined, or that is needed to reestablish local populations required for recovery.
Our proposal includes approximately 4,074 km (2,531 mi) of stream reaches and 12,176 ha (30,075 ac) of lake and reservoir surface area habitat determined to be essential to the conservation of the bull trout, but currently not known to be occupied. Although these specific areas are not known to be occupied, they are within the geographical area occupied by bull trout occupy. Areas with low levels of bull trout occupancy or where presence of the species is undetermined were included when they provided connectivity between areas of high-quality habitat, served as important migration corridors for fluvial or adfluvial fish, or were identified in the
A brief discussion of each area proposed for designation is provided in the critical habitat unit descriptions (below). Additional detailed documentation concerning the essential nature of these areas is contained in our administrative record.
Proposed critical habitat for bull trout was delineated using multiple sources including: The StreamNet GIS (Geographic Information System) database for Idaho, Oregon, Washington, and Montana; and State databases of bull trout distribution.
As part of our process of developing this critical habitat proposal, we evaluated existing management plans to determine whether they provide sufficient protection and management for the bull trout and its habitat such that there is no need for additional special management considerations or protection of areas that otherwise would qualify as critical habitat. Section 3(5)(A)(i) of the Act defines critical habitat as areas on which are found those physical or biological features (I) essential to the conservation of the species and (II) which may require special management considerations or protection. Adequate special management or protection is provided by a legally operative plan that addresses the maintenance and improvement of essential habitat elements and that provides for the long-term conservation of the species. We consider a plan adequate when it: (1) Provides a conservation benefit to the species (
Within the range of bull trout, the USFS and Bureau of Land Management (BLM) prepare land management plans which generally guide activities on the National Forests and BLM Districts. These plans provide some level of conservation benefit to species and the habitat they are known to occupy. However, current management goals are not sufficient to address areas of unknown occupancy which are proposed as critical habitat because we believe they are essential to conservation of the species.
Federal land management agencies routinely engage in land exchanges with non-Federal entities. These exchanges are often advantageous to both parties by providing, for example, harvestable timber for a private timber company and a consolidation of land holdings that will contribute to efficient future management by the Federal agency. Such exchanges complicate potential critical habitat exclusions based on existing management plans.
USFS Land and Resource Management Plans (LRMPs) and BLM Resource Management Plans (RMPs), as amended by the Interim Strategy for Managing Fish-Producing Watersheds in Eastern Oregon and Washington, Idaho, Western Montana, and Portions of Nevada (INFISH), and the Interim Strategy for Managing Anadromous Fish-Producing Watersheds in Western Oregon and Washington, Idaho, and Portions of California (PACFISH), are fluid documents that may change, or not change as anticipated, as management emphasis and direction changes. For example: (1) PACFISH and INFISH were considered interim for a period of 2 years when they were created in 1998, yet they still are in place in 2002; (2) three National Forests in Idaho are currently engaged in informal consultation with the Service on revisions to their LRMPs with the vision of dropping or modifying PACFISH/INFISH requirements. We are unsure at this point as to the degree of aquatic protections that will be provided under the new plans; and (3) the Aquatic Conservation Strategy and other components of the Northwest Forest Plan (NWFP) contain aspects which are not always fully agreed upon by Federal agencies charged with implementation of the plan. For this reason, as well as to incorporate new information, the NWFP is managed adaptively to respond to new information and, as such, we are unsure as to the specific details of future management direction. Further, LRMPs and RMPs (including the NWFP) are general and programmatic in nature. All of the Federal agencies understand that more specific consultation at the site-specific level is required to determine project effects and meet the requirements of section 7(a)(2) of the Act. Therefore, the current existence and substance of these Federal land management plans do not provide assurances of their future implementation, or that specific project implementation in the future will reflect a comparable level of conservation benefits to bull trout.
Because of these circumstances, we cannot, at this time, find that management on these lands under Federal jurisdiction is adequate to preclude a proposed designation of critical habitat. Therefore, we have included areas within these Federal jurisdictions as part of the critical habitat proposal, and are seeking further information, through the public comment process, as to whether these areas should be retained or excluded from designation in the final rule (see Public Comments Solicited section).
Wilderness areas exist because of a Congressional mandate that began with passage of the Wilderness Act in 1964. In partnership with the public, wilderness managers have a responsibility to preserve an enduring resource of wilderness, where natural processes are allowed to operate freely. Non-commercial hunting, fishing, and trapping are allowed in most Bureau of Land Management, Fish and Wildlife Service, and Forest Service wilderness areas, but not those managed by the National Park Service. States are responsible for management of wildlife and fish, working together with the Federal agency land managers. Wildlife species may be introduced and fish species stocked in order to perpetuate or recover a threatened or endangered species, or to restore a native species that has been eliminated or reduced by human influence. Exotic species may not be stocked. Habitat may be manipulated only when it is necessary to correct conditions resulting from human influence or to protect threatened or endangered species. Research and management surveys are permitted if done in a manner compatible with the preservation of the wilderness resource.
Where previously established, livestock grazing is permitted to continue in wilderness, subject to grazing and other resource management requirements. Permittees are required to maintain range improvements necessary to the livestock operation or the protection of the range, such as fences and watering facilities. The use of motorized equipment is permitted where it occurred prior to the establishment of wilderness. Range improvements such as fences and watering holes may be made, when necessary to protect wilderness values and manage the range resource. Prescribed burning, noxious weed control, seeding, irrigation, fertilization, and liming are allowed where each activity was practiced prior to wilderness designation, when absolutely necessary for the livestock grazing operation, and where there would be no serious adverse impacts on wilderness values. Horses and packstock used by commercial outfitters and guides and private individuals are grazed under permit. Feed must be packed in when forage is inadequate, and each wilderness may set regulations on tethering of horses, party size limits, and use of native feed and pellets. Wild horses and burros are considered part of the natural system, where established at the time of designation.
Effective January 1, 1984, the Wilderness Act withdrew minerals within lands designated as wilderness from appropriation under the mining and mineral leasing laws, subject to valid existing rights. Holders of valid mineral leases retain the rights granted by the terms and conditions of the specific leases. Holders of valid mining claims are allowed to conduct operations necessary for the development, production, and processing of the mineral resource. Mechanized equipment, motorized access, and utility corridors may be used. However, these activities and the reclamation of all disturbed lands must minimize the impact on the surrounding wilderness character. Prior to designation as wilderness, mining claims may be made on public lands administered by the Bureau of Land Management. Mining operations may continue after designation, subject to strict regulation to protect wilderness characteristics.
Dams and water development structures in wilderness, other than those necessary for range and wildlife, can only be authorized by the President. However, existing reservoirs, ditches, water catchments, and related facilities for the control or use of water can be maintained or reconstructed if they meet a public need or are part of a valid existing right. Motorized equipment and mechanical transportation for maintenance of water development structure is not allowed unless practiced before the area was designated wilderness. Watershed restoration is permitted only where human activities have caused soil deterioration or other loss of wilderness values, where watershed conditions could cause unacceptable environmental impacts or threaten life or property outside the wilderness, and where natural revegetation is insufficient.
Although wilderness areas generally provide for management complementary with the conservation needs of bull trout, the provisions for mining, water development, and grazing relative to pre-existing claims and usage, and their effects on future site-specific actions that may occur, is not well understood. Because of this uncertainty, we cannot, at this time, determine the effectiveness of wilderness management on bull trout. Therefore, we have included areas within wilderness as part of the critical habitat proposal. We are seeking further information, through the public comment process, as to whether these areas should be retained or excluded from designation in the final rule (see Public Comments Solicited section).
Section 10(a)(1)(B) of the Act authorizes the Service to issue to non-Federal entities a permit for the incidental take of endangered and threatened species. This permit allows a non-Federal landowner to proceed with an activity that is legal in all other respects, but that results in the incidental taking of a listed species (
Within the area covered by Klamath River DPS, there are no HCPs involving bull trout. Within the range of the Columbia River population segment of bull trout, the Service has approved HCPs involving the Plum Creek Timber Company and the Washington Department of Natural Resources (WDNR). The Plum Creek Native Fish, Plum Creek I-90, and the WDNR HCPs have been developed, in part, to provide for the conservation needs of bull trout while also allowing for otherwise lawful timber management activities. The duration of the permits associated with the Plum Creek and WDNR HCPs ranges from 30 to 100 years. The permittees have the option, however, of terminating at any time if they so choose, with a sixty-day notice to the Service. Moreover, the permittees may retain their permits but sell some of their lands covered by an HCP. All of these HCPs contain provisions that allow buyers of lands covered by the HCP to assume the permit if they so desire.
The Plum Creek I-90 HCP includes provisions that: (1) Generally allow for the sale or exchange of lands with the U.S. Forest Service, with some specific limitations relative to implementation of the Northwest Forest Plan; (2) allow for the sale of any lands provided appropriate covenants or assurances are given by the acquiring party that such lands will be managed consistent with the goals and objectives of the HCP; and (3) allow for the sale of parcels not in excess of 640 acres to any private party as long as the cumulative total of all such transactions does not exceed 5
The WDNR lands are maintained primarily for the purpose of growing and selling timber to finance State government, and the management of these lands also can include purchases, sales, and land exchanges. The WDNR HCP does not include incentives for placing conservation easements on some of the land that WDNR sells. The HCP allows WDNR to dispose of Permit lands at its sole discretion. However, if the cumulative impact of disposed lands would have a significant adverse effect on the covered species, the parties to the HCP are required to mutually amend the HCP to provide replacement mitigation.
We evaluated lands covered by these existing Habitat Conservation Plans to determine whether they are (1) occupied and essential to the conservation of the species; (2) in need of additional special management considerations; and (3) currently not known to be occupied but essential to the conservation of the species. We evaluated each HCP to determine whether it: (1) Provides a conservation benefit to the species; (2) provides assurances that the management plan will be implemented; and (3) provides assurances the plan will be effective. Approved and permitted HCPs are designed to ensure the long-term survival of covered species within the plan area. Where we have an approved HCP, the areas we ordinarily would designate as critical habitat for the covered species will normally be protected through the terms of the HCPs and their implementation agreements. These HCPs and implementation agreements include management measures and protections that are crafted to protect, restore, and enhance their value as habitat for covered species.
The issuance of a permit (under Section 10(a) of the Act) in association with an HCP application is subject to consultation under Section 7(a)(2) of the Act. While these consultations on permit issuance have not specifically addressed the issue of destruction or adverse modification of critical habitat for bull trout, they have addressed the very similar concept of jeopardy to bull trout in the plan area. Since these large regional HCPs address land use within the plan boundaries, habitat issues within the plan boundaries have been thoroughly addressed in the HCP and the consultation on the permit associated with the HCP. Our experience is that, under most circumstances, consultations under the jeopardy standard will reach the same result as consultations under the adverse modification standard. Common to both approaches is an appreciable detrimental effect on both survival and recovery of a listed species, in the case of critical habitat by reducing the value of the habitat so designated. Thus, actions satisfying the standard for adverse modification are nearly always found to also jeopardize the species concerned, and the existence of a critical habitat designation does not materially affect the outcome of consultation. Therefore, additional measures to protect the habitat from adverse modification are not likely to be required.
The Plum Creek I-90 and WDNR HCPs occur mostly in Western Washington, with minimal overlap (
We have reviewed the three HCPs within the Columbia River basin DPS of bull trout and we have determined that they do not require additional special management considerations to conserve bull trout. Therefore, these areas covered by an existing, legally operative incidental take permit issued for bull trout under section 10(a)(1)(B) of the Act are, by definition under Section 3(5)(A) of the Act, not included in this proposed designation of critical habitat.
As noted above, lands within these HCPs are subject to disposal (
We also considered exclusion of HCPs under subsection 4(b)(2) of the Act, which allows us to exclude areas from critical habitat designation where the benefits of exclusion outweigh the benefits of designation, provided the exclusion will not result in the extinction of the species. We believe that in most instances, the benefits of excluding HCPs from critical habitat designations will outweigh the benefits of including them. We believe this is the case in relation to the three HCPs that address bull trout within the Columbia River DPS.
The benefits of including HCP lands in critical habitat are normally small. The principal benefit of any designated critical habitat is that activities in such habitat that may affect it require consultation under section 7 of the Act if such actions involve a Federal nexus (
Further, HCPs typically provide for greater conservation benefits to a covered species than section 7 consultations because HCPs assure the long term protection and management of a covered species and its habitat. Such assurances are typically not provided by section 7 consultations which, in contrast to HCPs, often do not commit the project proponent to long term special management or protections.
The development and implementation of HCPs provide other important conservation benefits, including the development of biological information to guide conservation efforts and assist in species recovery and the creation of innovative solutions to conserve species while allowing for commercial activity. The educational benefits of critical habitat, including informing the public of areas that are important for the long-term survival and conservation of the species, are essentially the same as those that would occur from the public notice and comment procedures required to establish an HCP, as well as the public participation that occurs in the development of many regional HCPs. For these reasons, then, we believe that designation of critical habitat normally has little benefit in areas covered by HCPs.
The benefits of excluding HCPs from being designated as critical habitat include relieving landowners, communities and counties of any
A related benefit of excluding HCP areas is that it would encourage the continued development of partnerships with HCP participants, including States, local governments, conservation organizations, and private landowners, that together can implement conservation actions we would be unable to accomplish alone. By excluding areas covered by HCPs from critical habitat designation, we preserve these partnerships and, we believe, set the stage for more effective conservation actions in the future.
In general, we believe the benefits of critical habitat designation to be small in areas covered by approved HCPs. We also believe that the benefits of excluding HCPs from designation are significant. Weighing the small benefits of inclusion against the benefits of exclusion, including the benefits of relieving property owners of an additional layer of approvals and regulation, together with the encouragement of conservation partnerships, would generally result in HCPs being excluded from critical habitat designation under section 4(b)(2) of the Act.
Please see the section “Government-to-Government Relationship With Tribes” for a discussion of proposed critical habitat in relation to Tribal lands.
Within the geographical areas presently known to be occupied by the Klamath River and Columbia River Basin DPSs, we are proposing for designation only areas currently known to be essential to the conservation of bull trout. These areas already contain features and habitat characteristics that are necessary to sustain the species. We are only proposing designation of areas that currently have one or more of the primary constituent elements that provide essential life-cycle requisites of the species, as defined at 50 CFR 424.12(b). Moreover, certain areas with known occurrences of bull trout have not been proposed for designation as critical habitat. We did not propose critical habitat for some small scattered occurrences or habitats that are in highly fragmented areas or no longer have hydrologic conditions that are sufficient to maintain bull trout habitat, as we do not believe, based on the best available scientific information, that these areas are essential to the conservation of the species.
The proposed critical habitat areas described below constitute our best assessment at this time of the stream reaches, lakes, and reservoirs that are essential to the conservation of the Klamath River and Columbia River bull trout population segments. We are proposing designation of approximately 476 km (296 mi) of streams and 13,735 ha (33,939 ac) of lakes for the Klamath River DPS, and 29,251 km (18,175 mi) of streams and 201,850 ha (498,782 ac) of lakes and reservoirs for the Columbia River DPS. Our proposal includes approximately 4,074 km (2,531 mi) of stream reaches and 12,176 ha (30,075 ac) of lake and reservoir surface area habitat determined to be essential to the conservation of the bull trout, but that are not currently known to be occupied.
The lateral extent of critical habitat, for each proposed stream reach, is the width of the stream channel as defined by its bankfull elevation. Bankfull elevation is the level at which water begins to leave the channel and move into the floodplain (Rosgen 1996) and is reached at a discharge which generally has a recurrence interval of 1 to 2 years on the annual flood series (Leopold
The approximate amount of proposed critical habitat in the Klamath River Basin DPS, by State and adjacent landownership, is shown in Table 1.
The approximate amount of proposed critical habitat in the Columbia River Basin DPS, by State and adjacent landownership, is shown in Table 2.
Critical habitat includes bull trout habitat across the species' range in Idaho, Montana, Oregon, and Washington. Lands adjacent to proposed critical habitat are under private, State, Tribal, and Federal ownership, with Federal lands including lands managed by the USFS and BLM. Twenty-five critical habitat units have been delineated. The areas we are proposing as critical habitat, described below, constitute our best assessment of areas essential to the conservation of the Klamath and Columbia River distinct population segments of bull trout.
We are proposing critical habitat in 25 units that correspond to recovery units identified in the Draft Recovery Plan (USFWS 2002). Proposed critical habitat for the Klamath River DPS is entirely within Unit 1. Proposed critical habitat for the Columbia River DPS is in Units 2 though 25. Brief descriptions of each unit and the critical habitat subunits (CHSUs) within them, and the specific areas proposed for designation as critical habitat, are presented below. For ease of reference, the paragraph designations in parentheses at the beginning of each unit correspond with paragraph designations in the amendatory language at the end of this rule, which provide the legal descriptions (latitude and longitude coordinates) for each area proposed for designation (see Proposed Regulation Promulgation section).
The streams, lakes and reservoirs indicated below are generally described from the bottom to the top of a watershed within a proposed critical habitat unit or subunit. For example, river or stream “A” would be described from its mouth up to the first major tributary (stream “B”) that is also being proposed as critical habitat. At that point, tributary stream “B” and any of its associated tributaries that are also being proposed would be described, again from the mouth of stream “B” upstream to either the next tributary being proposed or to the limit of proposed critical habitat within stream “B”. Once this description is complete, the text again reverts to river/stream A and continues upstream, either to the next tributary being proposed (
The legal descriptions provided in the regulatory portion of this proposed rule (see Proposed Regulation Promulgation) correspond to the critical habitat units and subunits described below. However, the legal descriptions of individual streams and lakes/reservoirs within each subunit paragraph are arranged in alphabetical order by stream or lake/reservoir name within a paragraph, whereas the descriptions within a paragraph in this preamble section are arranged as if one was working their way up from the bottom to the top of a watershed within a proposed stream network.
The Klamath River Basin is located in south-central Oregon and includes three critical habitat subunits: (1) Upper Klamath Lake CHSU in Klamath County; (2) Sycan Marsh CHSU in Klamath County; and (3) Upper Sprague River CHSU in Klamath and Lake counties. Total proposed critical habitat includes 475 km (295 mi) of streams representing 9.4 percent of the total stream lengths in the unit. Proposed critical habitat includes: 224.6 km (139.6 mi) of stream in 13 reaches, and 3,775 ha (9,327 ac) of lake in the Upper Klamath CHSU; 103.8 km (64.5 mi) of stream in 6 reaches, and 9,965 ha (24,625 ac) of marsh in the Sycan Marsh CHSU; and 146 km (91 mi) of stream in 10 reaches in the Upper Sprague CHSU.
Encompassing 170,289 ha (420,792 ac), the Upper Klamath Lake CHSU comprises of Upper Klamath Lake, Agency Lake, and their immediate major and minor tributaries. Landownership comprises: 84 percent Federal lands; 6 percent State or local government land; and 10 percent privately owned lands.
The Upper Klamath Lake CHSU currently supports three local populations of bull trout, with two considered essential to the conservation of the species—Threemile Creek and Sun Creek (USFWS 2002). The third population, Lost Creek in Crater Lake National Park, was established with transplanted fish to provide temporary refuge during restoration actions in the Park. To fully achieve recovery of bull trout in the Klamath Basin, the Draft Recovery Plan (USFWS 2002) requires five to seven local populations in the Upper Klamath Lake CHSU. The following stream segments are included in this critical habitat unit:
(A) Upper Klamath Lake Corridor, comprised of the streams and canals between Agency Straight at the north end of Upper Klamath Lake west to the Westside Road, north to the lower end of the Sevenmile Creek canyon, southeast along Sevenmile Creek and Sevenmile Canal to Agency Lake; and the circumference and body of Agency Lake. This includes the Sevenmile Canal from its confluence with Agency Lake upstream to its confluence with the West Canal and Sevenmile Creek (11.6 km (7.2 mi)); 11.7 km (7.3 mi) of Sevenmile Creek from its confluence with Sevenmile Canal and West Canal upstream to the beginning of the Sevenmile Creek canyon above the beaver ponds; the West Canal from its confluence with Agency Lake to its confluence with Sevenmile Canal (15.0 km (9.3 mi)); Crane Creek from its confluence with Fourmile Creek to its source springs at river kilometer (rkm) 6.1 (river mile (rmi) 3.8); Fourmile Creek from its confluence with the West
(B) Rock Creek from the lower limit of permanent water at Penn Creek upstream to its origin at Heavenly Twin Lake (9.2 km (5.7 mi)); and Cherry Creek from its confluence with Fourmile Creek to the upper limit of perennial water (15.5 km (9.6 mi)). This area, which is the focus of restoration and reestablishment efforts under the Draft Recovery Plan, is a key watershed for reintroduction of a bull trout population that is essential to the conservation of the species (USFWS 2002).
(C) Threemile Creek from its confluence with Crane Creek to the upper limit of permanent water (6.9 km (4.3 mi)). This spawning and rearing habitat supports an essential local population and is a source for bull trout colonization of other watersheds (USFWS 2002).
(D) The entire 30.3 km (20.7 mi) length of the Wood River; 12.0 km (7.5 mi) of rooked Creek from its confluence with Agency Lake to its source at rkm 14.5 (rmi 9.0); 5.0 km (3.1 mi) of Fort Creek from its confluence with Wood River upstream to the upper limit of permanent water; Annie Creek from its confluence with Wood River upstream 24.5 km (15.2 mi); and Middle Fork of Annie Creek from its confluence with the mainstem Annie Creek to the headwater springs (6.1 km (3.8 mi)). These are areas of spawning and rearing, and foraging, migratory and overwintering habitat. These areas supported bull trout historically (Buchanan 1997).
(E) Sun Creek from its confluence with Annie Creek at rkm 2.0 (rmi 1.2) to the upper limit of bull trout distribution in Sun Meadow at rkm 21.5 (rmi 13.4) (Ratliff and Howell 1992; Bokenica 1997). This spawning and rearing habitat supports an essential local population and is a source for bull trout colonization of other watersheds (USFWS 2002).
Encompassing 81,818 ha (202,175 ac), the Sycan Marsh CHSU comprises the Sycan Marsh, its tributaries, and the Sycan River and its tributaries. Landownership comprises: 56 percent Federal lands and 44 percent privately owned lands.
The Sycan Marsh CHSU currently supports two local populations of bull trout considered essential to the conservation of the species—Long Creek and Coyote Creek (USFWS 2002). To achieve recovery of bull trout in the Klamath Basin, the Draft Recovery Plan (USFWS 2002) requires five to seven local populations in the Sycan Marsh CHSU.
(A) Sycan Marsh and Sycan River includes over 23,944 ha (59,166 ac) of the Sycan Marsh, and 31.0 km (19.3 mi) of the Sycan River from its confluence with the Sycan Marsh to the confluence with Rock Creek at rkm 103.2 (rmi 64.1). Portions of this area are currently occupied and other parts were historically inhabited by bull trout. This area is essential for reestablishing migratory forms of bull trout in the Sycan Marsh core area and reestablishing connectivity among populations in Long Creek, Coyote Creek, Rifle Creek, and Boulder Creek. The Sycan River from the confluence with Rock Creek at rkm 103.2 (rmi 64.1) upstream to its origins (11.7 km (7.3 mi)) supported bull trout historically (Ratliff and Howell 1992; Light
(B) Long Creek from the confluence with Sycan Marsh upstream to its source at rkm 19.6 (rmi 12.2); and 11.3 km (7.0 mi) of spawning and rearing habitat in Calahan Creek from its confluence with Long Creek at rkm 7.7 (rmi 4.8) to its source at Blue Buck Springs. This area is currently occupied by bull trout (Ratliff and Howell 1992; Light
(C) Coyote Creek from the confluence with the Sycan Marsh 2.4 km (1.5 mi) below the crossing of USFS Road 27 upstream to the upper limit of permanent water at rkm 11.2 (rmi 7.0). The area supports one of only 10 extant populations of bull trout in the Klamath Basin and one of only two in this CHSU. It is the focus of restoration and reestablishment efforts to achieve recovery for this species (USFWS 2002) and is essential to the conservation of the species.
(D) Rifle Creek from the confluence with the Sycan River at rkm 97.7 (rmi 60.7) upstream 4.0 km (2.5 mi) to its origins; the entire length of Boulder Creek from its confluence with the Sycan River at rkm 109.8 (rmi 68.2) upstream 2.5 km (1.5 mi); and South Fork Sycan River from its confluence with the Sycan River at rkm 108.8 (rmi 67.6) upstream 6.1 km (3.8 mi) to its origins. These areas supported bull trout historically (Ratliff and Howell 1992; Light
Encompassing 83,810 ha (207,099 ac), the Upper Sprague River CHSU comprises the drainages of the North and South Forks of the Sprague River and their tributaries. Landownership comprises: 56 percent Federal lands and 44 percent privately owned lands.
The Upper Sprague River CHSU currently supports five local populations of bull trout considered essential to the conservation of the species: Boulder/Dixon Creek; Sheepy Creek; Deming Creek; Brownsworth Creek; and Leonard Creek. A remnant fluvial population exists in the North Fork of the Sprague River (USFWS 2002). To fully achieve recovery of bull trout in the Klamath Basin, the Draft Recovery Plan (USFWS 2002) calls for a total of 7 to 10 local populations in the Upper Sprague River CHSU.
(A) North Fork Sprague River from “the Elbow” 3.7 km (2.3 mi) below the confluence of Yaden Creek at rkm 18.0 (rmi 11.2) upstream to the confluence of Blue Lake Creek (31.6 km (19.6 mi)); Boulder Creek from its confluence with the North Fork Sprague River at rkm 24.1 (rmi 15.0) upstream 7.7 km (4.8 mi); Dixon Creek from its confluence with Boulder Creek at rkm 1.2 (rmi 0.7) upstream to its origin (2.2 km (1.4 mi)); and an unnamed tributary to Dixon Creek from the confluence upstream 1.2 km (0.8 mi) to its origin. Bull trout currently occupy the tributaries and at least one mainstem reach of the river (Oregon Chapter of the American Fisheries Society (OCAFS) 1993, Ratliff and Howell 1992; Light
(B) Sheepy Creek from its confluence with the North Fork Sprague at rkm 26.8 (rmi 16.6) to its source springs (5.3 km (3.3 mi)). The area supports one of only 10 extant populations of bull trout in the Klamath Basin and one of only five populations in this CHSU, all of which are essential to the conservation of the species. The area is the focus of restoration and reestablishment efforts as described in the Draft Recovery Plan, and as a relative “stronghold,” this area is a potential source of bull trout for colonization that is essential to restoring populations of other watersheds (USFWS 2002).
(C) Gearhart Creek from its confluence with the North Fork Sprague at rkm 32.6 (rmi 20.2) upstream to Gearhart Marsh (9.0 km (5.6 mi)) (above Gearhart Marsh flows become intermittent; Hole Creek from its confluence with Gearhart Creek at rkm 1.9 (rmi 1.2) upstream to the upper limit of permanent water (3.3 km (2.0 mi)); Nottin Creek from its confluence with Gearhart Creek at rkm 1.7 (rmi 1.1) upstream to the upper limit of permanent water 5.3 km (3.3 m); and School Creek from its confluence with the North Fork Sprague River at rkm 43.4 (rmi 27.0) to its origins (7.0 km (4.3 mi)). This area is the focus of efforts to reestablish additional spawning populations of bull trout essential to the conservation of the species, as described in the Draft Recovery Plan (USFWS 2002).
(D) Dead Cow Creek from its confluence with the North Fork Sprague River at rkm 46.9 (rmi 29.1) upstream 6.6 km (4.1 mi); and Gold Creek from its confluence with Dead Cow Creek at rkm 1.5 (rmi 0.9) upstream 2.9 km (1.8 mi). The Dead Cow drainage (Dead Cow and Gold creeks) supported bull trout historically. This area is the focus of efforts to reestablish additional spawning populations of bull trout essential to the conservation of the species, as described in the Draft Recovery Plan (USFWS 2002).
(E) The entire length of Deming Creek from its confluence with Anderson Field to its headwaters at rkm 7.8 (rmi 4.8). Deming Creek is currently inhabited by bull trout and is the largest remaining local population in the Klamath Basin (Ratliff and Howell 1992; Light
(F) Lower South Fork Sprague River from the confluence of Brownsworth Creek at rkm 23.0 (rmi 14.3) upstream 21.7 km (13.5 mi) to the confluence of Camp Creek; Camp Creek from its confluence with the South Fork Sprague River at rkm 44.7 (rmi 27.8) to its origin (5.0 km (3.1 mi)); Corral Creek from its confluence with the South Fork Sprague River at rkm 46.3 (rmi 28.8) to its origin (4.5 km (2.8 mi)); Upper South Fork Sprague River from the confluence with Camp Creek at rkm 44.7 (rmi 27.8) upstream to its source at rkm 50.3 (rmi 31.2) (5.6 km (3.5 mi)); and the entire length of Brownsworth Creek from its confluence with the South Fork Sprague River upstream 13.3 km (8.8 mi) to the upper limit of permanent water. These areas are currently occupied by an essential local population (OCASF 1993; Light
(G) Leonard Creek from its confluence with Brownsworth Creek at rkm 7.0 (rmi 4.3) upstream to its source. Leonard Creek is currently inhabited by bull trout (Ratliff and Howell 1992; Light
The Clark Fork River Basin unit includes 12 CHSUs, organized primarily on the basis of major watersheds. It includes most of western Montana and the panhandle portion of northern Idaho. The summary of landownership and extent of proposed critical habitat are presented with each CHSU description.
The Lake Pend Oreille CHSU incorporates all waters in the Clark Fork River drainage downstream from Cabinet Gorge Dam (near the Montana/Idaho border), including all direct tributaries to Lake Pend Oreille, the lower portion of the Priest River drainage (downstream from Priest Lake Dam), and the Pend Oreille River (the impounded downstream arm of Lake Pend Oreille) downstream to the crest of Albeni Falls Dam. The CHSU is almost entirely within the State of Idaho in Boundary, Bonner, and Kootenai counties. A total of 286 km (178 mi) of 27 streams and the 38,304 ha (94,650 ac) surface area of Lake Pend Oreille are proposed for designation as critical habitat for bull trout. Landownership along the streams is approximately 36 percent Federal, 14 percent State, and 50 percent private. Lakeshore ownership has not been quantified, but approximately half of it is private with the other half mostly on Federal (National Forest) lands. Bull trout local populations in this CHSU include Lower Priest River, Pack River, Grouse Creek, Trestle Creek, Gold Creek, North Gold Creek, Granite Creek, Johnson Creek, Lightning Creek Complex, Twin Creek, and Clark Fork River, all of which are considered essential for recovery of the species (USFWS 2002).
(A) Lake Pend Oreille totals about 38,304 ha (94,650 ac). The best available scientific information indicates that most bull trout in the Lake Pend Oreille CHSU are migratory and adfluvial, using the lake for a portion of their life cycle (Panhandle Bull Trout Technical Advisory Team (PBTTAT) 1998a).
(B) The lower Priest River from its confluence with the Pend Oreille River (the impounded downstream arm of Lake Pend Oreille) upstream 34.4 km (21.4 mi) to the confluence with the East River provides foraging, migratory, and overwintering (FMO) habitat connecting spawning areas with Lake Pend Oreille. The East River from its confluence with the Priest River upstream 4.0 km (2.5 mi), and the Middle Fork East River from its confluence with the East River upstream 15.5 km (9.6 mi) provide spawning and rearing habitat for primarily migratory forms of bull trout. Tarlac Creek from its confluence with the Middle Fork East River upstream 5.3 km (3.3 mi) to the headwaters, and
(C) The Pack River from its confluence with Lake Pend Oreille upstream 64.1 km (39.8 mi) contains FMO habitat in the lower reaches, and spawning and spawning and rearing habitat in the upper reaches for the Pack River local population of bull trout.
(D) Grouse Creek from its confluence with the Pack River upstream 26.7 km (16.6 mi) to the headwaters contains FMO habitat in the lower reaches, and spawning and rearing habitat in the upper reaches. North Fork Grouse Creek from its confluence with Grouse Creek upstream 14.8 km (9.2 mi) to the headwaters provides spawning and rearing habitat.
(E) Trestle Creek from its confluence with Lake Pend Oreille upstream 14.4 km (8.9 mi) provides the most productive spawning and rearing habitat in the Lake Pend Oreille CHSU.
(F) Gold Creek from its confluence with Lake Pend Oreille upstream 2.7 km (1.7 mi), West Gold Creek from its confluence with Gold Creek upstream 2.3 km (1.4 mi), and North Gold Creek from its confluence with Lake Pend Oreille upstream 2.0 km (1.3 mi) provide spawning and rearing habitat for the Gold Creek bull trout local population complex. Gold Creek is considered the second most important bull trout spawning stream in the Lake Pend Oreille critical habitat subunit (PBTTAT 1998a)
(G) Granite Creek from its confluence with Lake Pend Oreille upstream 10.1 km (6.3 mi), Sullivan Springs from its confluence with Granite Creek upstream 2.1 km (1.3 mi), and Dry Gulch from its confluence with Granite Creek upstream 1.7 km (1.0 mi) provide spawning and rearing habitat for the Granite Creek population complex.
(H) Johnson Creek from its confluence with the south channel of the Clark Fork River delta at the confluence with Lake Pend Oreille upstream 1.2 km (0.7 mi) provides spawning and rearing habitat for the Johnson Creek local population.
(I) The Clark Fork River from its confluence with Lake Pend Oreille upstream 14.6 km (9.1 mi) to Cabinet Gorge Dam provides FMO habitat between Lake Pend Oreille and upstream local populations in Lightning and Twin creeks.
(J) Lightning Creek from its confluence with the Clark Fork River upstream 29.5 km (18.3 mi) to a barrier falls provides FMO habitat in the lower reaches below the confluence with East Fork Creek, and spawning and rearing habitat in the upper reaches above this point. Morris Creek from its confluence with Lightning Creek upstream 3.3 km (2.1 mi), East Fork Creek from its confluence with Lightning Creek upstream 6.5 km (4.1 mi), Savage Creek from its confluence with East Fork Creek upstream 5.9 km (3.7 mi), Char Creek from its confluence with East Fork Creek upstream 3.4 km (2.1 mi), Porcupine Creek from its confluence with Lightning Creek upstream 3.0 km (1.9 mi), Wellington Creek from its confluence with Lightning Creek upstream 1.0 km (0.6 mi), and Rattle Creek from its confluence with Lightning Creek upstream 6.0 km (3.7 mi) provide spawning and rearing habitat for the Lightning Creek population complex (Lake Pend Oreille Watershed Advisory Group 1999).
(K) Dry Creek from its confluence with the Clark Fork River upstream 0.1 km (0.06 mi) to the confluence with Twin Creek provides a migratory connection between Clark Fork River and Twin Creek. Twin Creek from its confluence with Dry Creek upstream 3.9 km (2.4 mi) provides spawning and rearing habitat for the Twin Creek local population of bull trout.
The Lower Clark Fork River CHSU includes the three mainstem Clark Fork River impoundments (Cabinet Gorge, Noxon Rapids, and Thompson Falls reservoirs), the Clark Fork River between reservoirs and upstream to the confluence of the Flathead River, the lower Flathead River drainage downstream from Kerr Dam, and all tributaries to these waters. With the exception of the lower boundary at Cabinet Gorge Dam (in Bonner County, Idaho), nearly all the CHSU is located in the northwestern corner of Montana (Sanders, Lake, and Missoula counties).
Major portions of this CHSU, including the entire lower Flathead River drainage, are inside the boundaries of the Flathead Indian Reservation, and fall under the jurisdiction of the Confederated Salish and Kootenai Tribes (CSKT). There are 13 local populations of bull trout in this CHSU: Rock Creek, Bull River, Prospect Creek, Graves Creek, Vermilion River, Fishtrap Creek, West Fork Thompson River, Post Creek, Mission Creek, Dry Creek, and Jocko River, all of which are essential to the conservation of the species.
A total of 503 km (312 mi) of 24 streams and 4,862 ha (12,014 ac) of lake surface area in five reservoirs (Cabinet Gorge, Noxon Rapids, Mission, McDonald, and Tabor) is proposed for designation as critical habitat for bull trout in this CHSU. Landownership along the streams is approximately 31 percent Federal, 1 percent State, 13 percent CSKT Tribal, and 55 percent private. Landownership on the reservoir shoreline has not been determined, but its mostly private land along the two large reservoirs with less than 25 percent as National Forest. The three small reservoirs are completely surrounded by CSKT Tribal Lands.
(A) Cabinet Gorge Reservoir (Clark Fork River), 1,295 ha (3,200 ac) at full pool, provides FMO habitat for the Bull River and Rock Creek local populations of bull trout (Pratt and Huston 1993).
(B) The Bull River from its confluence with Cabinet Gorge Reservoir (Clark Fork River) upstream 14.3 km (8.9 mi) to the confluence with the South and East forks provides FMO habitat for upstream local populations. Copper Creek from its confluence with the Bull River upstream 7.4 km (4.6 mi) to the headwaters provides rearing habitat (MBTSG 1996a). The Bull River East Fork from its mouth upstream 12.8 km (8 mi) and the Bull River South Fork from its mouth upstream 29.8 km (18.6 mi) provide spawning and rearing habitat for the Bull River local population (MBTSG 1996a).
(C) Rock Creek from its confluence with Cabinet Gorge Reservoir (Clark Fork River) upstream 11.4 km (7.1 mi) to a natural barrier provides spawning and rearing habitat for the Rock Creek local population.
(D) Noxon Rapids Reservoir (Clark Fork River), 3,237 ha (8,000 ac) at full pool, provides FMO habitat for low abundance local populations in the reservoir tributaries (Pratt and Huston 1993; MBTSG 1996a).
(E) The Vermilion River from its confluence with Noxon Rapids Reservoir (Clark Fork River) upstream 12.3 km (7.6 mi) to a natural barrier at Vermilion Falls provides important spawning and rearing habitat for the Vermilion River local population. Graves Creek from its confluence with Noxon Rapids Reservoir upstream 5.0 km (3.1 mi) to a natural barrier, Prospect Creek from its confluence with Noxon Rapids Reservoir upstream 12.3 km (7.6 mi), Crow Creek from its confluence with Prospect Creek upstream 2.0 km (1.2 mi), and Crow Creek East Fork from its confluence with Crow Creek upstream 5.5 km (3.4 mi) all provide spawning and rearing habitat as well (Pratt and Huston 1993; MBTSG 1996a).
(F) The Clark Fork River upstream 93.3 km (58.0 mi) from the head of Noxon Rapids Reservoir to the confluence with the Flathead River provides FMO habitat for tributary
(G) The Thompson River from its confluence with the Clark Fork River upstream 32.3 km (20.0 mi) contains FMO habitat. West Fork Thompson River from its mouth upstream 8.0 km (5.0 mi) to the confluence of Lakes Creek; Fishtrap Creek from its confluence with the Thompson River upstream 17.0 km (10.5 mi) to the confluence with Fishtrap Creek West Fork, Beatrice Creek from its confluence with Fishtrap Creek upstream 8.5 km (5.3 mi) to its headwaters, and Fishtrap Creek West Fork from its mouth upstream 10.2 km (6.4 mi) provide spawning and rearing habitat necessary for the recovered distribution of bull trout (USFWS 2002). Bull trout in the West Fork Thompson River are categorized as being among the strongest remaining populations in the Thompson River basin (MBTSG 1996d).
(H) The Flathead River from the confluence with the Clark Fork River (about 60 km (37 mi) upstream from Thompson Falls Dam) upstream to the confluence with Mission Creek is occupied by bull trout at low abundance levels (MBTSG 1996d), and provides FMO habitat necessary for the recovered distribution of bull trout (USFWS 2002), including maintaining populations and the migratory life history form essential to the long-term conservation of bull trout.
(I) The Jocko River from its confluence with the Flathead River upstream 47.0 km (29.2 mi) to the confluence with the North Fork Jocko River provides FMO habitat. The North Fork Jocko River from its mouth upstream 9.9 km (6.1 mi) to a natural barrier, the South Fork Jocko River from its mouth upstream 15.0 km (9.3 mi) to a natural barrier, and the Middle Fork Jocko River from its mouth upstream 14.2 km (8.8 mi) are occupied, and provide spawning and rearing habitat for the Jocko River local population. Together these areas provide habitat necessary for the recovered distribution of bull trout (USFWS 2002), including maintaining populations and the migratory life history form essential to the long-term conservation of bull trout.
(J) Mission Creek from its confluence with the Flathead River upstream 34.8 km (21.7 mi) to Mission Dam, Post Creek from its confluence with Mission Creek upstream 26.1 km (16.2 mi) to a manmade barrier at McDonald Lake, and Dry Creek from its confluence with Mission Creek upstream 14.2 km (8.8 mi) to a manmade barrier at Tabor Reservoir are occupied, at a minimum, by migratory bull trout from the reservoirs and lake (MBTSG 1996d), and provide FMO habitat necessary for the recovered distribution of bull trout (USFWS 2002), including maintaining populations and the migratory life history form essential to the conservation of bull trout. These creeks also provide occupied spawning and rearing habitat above the reservoirs and lake (MBTSG 1996d). Mission Creek spawning and rearing habitat extends upstream approximately 1.6 km (1.0 mi) above Mission Reservoir to a manmade barrier. Post Creek spawning and rearing habitat extends upstream approximately 3.2 km (2 mi) above McDonald Lake to a natural barrier. Dry Creek spawning and rearing habitat extends upstream approximately 0.8 km (0.5 mi) above Tabor Reservoir to a natural barrier. McDonald Reservoir (approximately 101 ha (250 ac), when full), Mission Reservoir (approximately 117 ha (289 ac), when full), and Tabor Reservoir (St. Mary Lake) (approximately 111 ha (274 ac), when full) provide FMO habitat for the Post Creek, Mission Creek, and Dry Creek local populations, respectively (MBTSG 1996d).
The Middle Clark Fork River CHSU includes the mainstem of the Clark Fork River in western Montana and all tributary watersheds, from the confluence of the Flathead River upstream to the base of Milltown Dam, except for the Bitterroot River drainage. A total of 622 km (386 mi) of 28 streams is proposed for designation as critical habitat for bull trout in this CHSU. Landownership along the streams is approximately 51 percent Federal, 3 percent State, and 46 percent private, all occurring in Mineral and Missoula counties, Montana.
(A) The Clark Fork River from the confluence with the Flathead River upstream approximately 192.1 km (119.4 mi) to Milltown Dam provides historically occupied FMO habitat that is still currently occupied, but at very low abundance levels (Pratt and Huston 1993;MBTSG 1996d). This reach is important to provide for the recovered distribution of bull trout (USFWS 2002), including the maintenance of existing populations and the migratory life history form essential to the conservation of bull trout.
(B) The St. Regis River from its confluence with the Clark Fork River upstream 62.1 km (38.6 mi) to its headwaters provides FMO habitat in the lower reaches up to Twelvemile Creek, and spawning and rearing habitat in the upper reaches. Little Joe Creek from its confluence with the St. Regis River upstream 4.0 km (2.5 mi) to its forks; South Fork Little Joe Creek from its mouth upstream 16.3 km (10.1 mi) to its headwaters; North Fork Little Joe Creek from its mouth upstream 17.2 km (10.7 mi) to its headwaters; Ward Creek from its confluence with the St. Regis River upstream 12.3 km (7.6 mi) to its headwaters; Twelvemile Creek from its confluence with the St. Regis River upstream 21.6 km (13.4 mi) to its headwaters; Deer Creek from its confluence with the St. Regis River upstream 6.6 km (4.1 mi); Big Creek from its confluence with the St. Regis River upstream 5.4 km (3.4 mi) to its forks; East Fork Big Creek from its mouth upstream 9.6 km (5.9 mi) to its headwaters; Middle Fork Big Creek from its mouth upstream 8.0 km (5.0 mi); and West Fork Big Creek from its mouth upstream 9.2 km (5.7 mi) provide spawning and rearing habitat for the St Regis River local population complex of bull trout (MBTSG 1996d).
(C) Cedar Creek from its confluence with the Clark Fork River upstream 24.7 km (15.3 mi), Oregon Gulch from its confluence with Cedar Creek upstream 4.5 km (2.8 mi), and Lost Creek from its confluence with Oregon Gulch upstream 11.4 km (7.1 mi) provide spawning and rearing habitat for the Cedar Creek local population of bull trout (MBTSG 1996d), as well as to provide for the recovered distribution of bull trout (USFWS 2002).
(D) Trout Creek from its confluence with the Clark Fork River upstream 23.6 km (14.7 mi) contains spawning and rearing habitat (MBTSG 1996d) for the Trout Creek local population.
(E) Fish Creek from its confluence with the Clark Fork River upstream 14.7 km (9.1 mi) to its forks provides FMO habitat to upstream bull trout. North Fork Fish Creek from its mouth upstream 16.1 km (10.0 mi); Straight Creek from its confluence with North Fork Fish Creek upstream 13.1 km (8.1 mi) to its headwaters; West Fork Fish Creek from its confluence with Fish Creek upstream 28.2 km (17.5 mi); Indian Creek from its confluence with West Fork Fish Creek upstream 2.1 km (1.3 mi); South Fork Fish Creek from its confluence with Fish Creek upstream 25.1 km (15.6 mi) to its headwaters; Surveyors Creek from its confluence with South Fork Fish Creek upstream 6.6 km (4.1 mi) to its headwaters; Cache Creek from its confluence with South Fork Fish Creek upstream 15.8 km (9.8 mi); Montana Creek from its confluence with Cache Creek upstream 9.2 km (5.7 mi) to its headwaters; and White Creek from its confluence with Cache Creek upstream 7.3 km (4.5 mi) to its headwaters provide spawning and rearing habitat for the Fish Creek local population complex (MBTSG 1996d).
(F) Petty Creek from its confluence with the Clark Fork River upstream 18.6 km (11.6 mi) provides spawning and rearing habitat for the Petty Creek local population (MBTSG 1996d).
(G) Rattlesnake Creek from its confluence with the Clark Fork River upstream 37.5 km (23.3 mi) to the headwaters provides FMO habitat in the lower reaches (up to Mountain Water Company Dam), and spawning and rearing habitat above that point (MBTSG 1996d).
The Upper Clark Fork River CHSU includes the entire Clark Fork River in western Montana upstream from Milltown Dam (near Missoula), with the exception of the Blackfoot River, Clearwater River, and Rock Creek drainages. A total of 484 km (301 mi) of 13 streams is proposed for designation as critical habitat for bull trout in this CHSU in Missoula, Granite, Powell, and Deer Lodge counties. Landownership adjacent to proposed stream segments is approximately 25 percent Federal, 3 percent State, and 72 percent private.
(A) The Clark Fork River from Milltown Dam upstream approximately 185 km (115 mi) to the headwaters at the confluence with Warm Springs Creek provides FMO habitat for the recovered distribution of bull trout (USFWS 2002). This area is important to provide for the maintenance of existing populations and the migratory life history form essential to the long-term conservation of bull trout.
(B) Harvey Creek from its confluence with the Clark Fork River upstream 25.0 km (15.6 mi) to its headwaters provides FMO habitat below a manmade barrier about 0.4 km (0.2 mi) above the confluence, and spawning and rearing habitat above that point for the resident Harvey Creek local population (MBTSG 1995e).
(C) Flint Creek from its confluence with the Clark Fork River upstream 25.9 km (16.1 mi) to its confluence with Boulder Creek is occupied at low abundance but provides FMO habitat in the lower reaches, and spawning and rearing habitat in the upper reaches (MBTSG 1995e).
(D) Boulder Creek from its confluence with Flint Creek upstream 22.6 km (14.0 mi), and South Boulder Creek from its confluence with Flint Creek upstream 13.7 km (8.5 mi) provide spawning and rearing habitat (MBTSG 1995e).
(E) The Little Blackfoot River from its confluence with the Clark Fork River upstream 76.8 km (47.7 mi) to its headwaters provides FMO habitat in the lower reaches, and spawning and rearing habitat in the upper reaches. This river is necessary both to provide for the recovered distribution of bull trout as well as to maintain spawning populations in the upper reaches (MBTSG 1995e; USFWS 2002).
(F) Racetrack Creek from its confluence with the Clark Fork River upstream19.9 km (12.4 mi) to a natural barrier near the junction of Granite Creek provides spawning and rearing habitat for the Racetrack Creek local population (MBTSG 1995e).
(G) Warm Springs Creek from its confluence with the Clark Fork River upstream 52.4 km (32.5 mi) provides FMO habitat in the lower reaches, and spawning and rearing habitat in the upper reaches to support both the Warm Springs local population complex, and provide for the recovered distribution of bull trout (USFWS 2002), including maintaining existing populations and the migratory life history form essential to the long-term conservation of bull trout. Barker Creek from its confluence with Warm Springs Creek upstream 8.0 km (5.0 mi) to its headwaters at Barker Lake, Foster Creek from its confluence with Warm Springs Creek upstream 15.8 km (9.8 mi) to its headwaters, Twin Lakes Creek from its confluence with Warm Springs Creek upstream16.2 km (10.1 mi) to its headwaters, Cable Creek from its confluence with Warm Springs Creek upstream 5.0 km (3.1 mi) to its headwaters, and Storm Lake Creek from its confluence with Cable Creek upstream17.5 km (10.9 mi) provide spawning and rearing habitat to support the Warm Springs population complex, as well as provide for the recovered distribution of bull trout (MBTSG 1995e; USFWS 2002).
The Priest Lakes and River CHSU0 includes the entire drainage of the Priest River upstream from Priest Lake Dam, including Priest and Upper Priest lakes, in Boundary and Bonner counties, Idaho. The extreme headwaters lie in British Columbia, Canada, and the headwaters of several west side drainages are in the State of Washington. A total of 267 km (430 mi) of 19 streams and 9,970 ha (24,636 ac) of lake surface area in Priest and Upper Priest lakes is proposed for designation as critical habitat for bull trout. Landownership along the streams is approximately 58 percent Federal, 33 percent State, and 9 percent private. Landownership along the lake shores has not been quantified, but Priest Lake is approximately 75 percent private land, or leased State or Federal land with cabins and home sites. The rest is undeveloped National Forest, as is the entire shoreline of Upper Priest Lake.
(A) The Upper Priest River from a waterfall approximately 1.0 km (0.6 mi) downstream of the border between Idaho and Canada upstream 31.6 km (19.6 mi) to the confluence with Upper Priest Lake; Rock Creek from the confluence with the Upper Priest River upstream 6.1 km (3.8 mi) to its headwaters; Lime Creek from the confluence with the Upper Priest River upstream 6.4 km (4.0 mi) to its headwaters; and Cedar Creek from the confluence with the Upper Priest River upstream 6.8 km (4.2 mi) to its headwaters provide spawning and rearing habitat for adfluvial bull trout inhabiting Upper Priest Lake (PBTTAT 1998b; USFWS 2002).
(B) Hughes Fork from the confluence with the Upper Priest River upstream 22.7 km (14.1 mi) to its headwaters, and Gold Creek from the confluence with Hughes Fork upstream 12.6 km (7.8 mi) to its headwaters provide spawning and rearing habitat for adfluvial bull trout inhabiting Upper Priest Lake (Hughes Fork local population) (PBTTAT 1998b; USFWS 2002).
(C) Upper Priest Lake (542 ha (1,338 ac)) provides FMO habitat supporting the Upper Priest Lake, Hughes Fork, and Trapper Creek local populations of bull trout (PBTTAT 1998b).
(D) Trapper Creek from the confluence with Upper Priest Lake upstream 12.7 km (7.9 mi) to its headwaters provides spawning and rearing habitat for the Trapper Creek local population (PBTTAT 1998b; USFWS 2002).
(E) Priest River Thorofare, a 4.3 km (2.7 mi) channel between Upper Priest and Priest Lakes provides FMO habitat connecting bull trout populations in the Priest Lakes basin. Priest Lake (9,429 ha (23,300 ac) provides FMO habitat for dwindling numbers of adfluvial bull trout that spawn and rear in the lake's tributaries (Pratt and Huston 1993).
(F) Lion Creek from the confluence with Priest Lake upstream 18.2 km (11.3 mi) to its headwaters, and South Fork Lion Creek from its confluence with Lion Creek upstream 8.0 km (5.0 mi) to its headwaters contain spawning and rearing habitat for the Lion Creek local population of bull trout (PBTTAT 1998b; USFWS 2002).
(G) Two Mouth Creek from the confluence with Priest Lake upstream 15.7 km (9.8 mi) to its headwaters provides spawning and rearing habitat for the Two Mouth Creek local population (PBTTAT 1998b; USFWS 2002).
(H) Granite Creek from the confluence with Priest Lake upstream 17.8 km (11.1 mi) to its forks, South Fork Granite Creek from the confluence with Granite
(I) Indian Creek from the confluence with Priest Lake upstream 5.2 km (3.2 mi) to its forks, South Fork Indian Creek from its mouth upstream 5.8 km (3.6 mi) to its headwaters, and North Fork Indian Creek from its mouth upstream 11.7 km (7.3 mi) to its headwaters provide spawning and rearing habitat for the Indian Creek local population of bull trout (PBTTAT 1998b; USFWS 2002).
(J) Kalispell Creek from the confluence with Priest Lake upstream 23.3 km (14.5 mi) to its headwaters provides spawning and rearing habitat for the Kalispell Creek local population of bull trout (PBTTAT 1998b; USFWS 2002).
(K) Soldier Creek from the confluence with Priest Lake upstream 23.3 km (14.5 mi) to its headwaters provides spawning and rearing habitat for the Soldier Creek local population of bull trout (PBTTAT 1998b; USFWS 2002).
The Flathead Lake CHSU includes the entire Flathead River basin upstream from Kerr Dam (outlet of Flathead Lake), with the exception of the Swan River drainage upstream from Bigfork Dam, and the South Fork Flathead River drainage upstream from Hungry Horse Dam in Flathead and Lake counties, Montana. Flathead Lake is the largest natural freshwater lake west of the Mississippi River in the United States. Twenty other natural glaciated lakes up to 2,800 ha (6,919 ac) in size are occupied by bull trout in this CHSU. The entire south half of Flathead Lake is inside the boundaries of the Flathead Indian Reservation, and falls under the jurisdiction of the Confederated Salish and Kootenai Tribes. A total of 837 km (520 mi) of 57 streams and 56,838 ha (140,449 ac) of lake surface area in 21 lakes is proposed for designation as critical habitat for bull trout in this CHSU. Landownership along the streams is approximately 68 percent Federal, 10 percent State, and 22 percent private. Substantial portions of the Federal lands are in Glacier National Park or Congressionally designated wilderness. Lakeshore ownership is mixed: Flathead Lake (49,575 ha (20,062 ac)) makes up about 87 percent of the lake surface area. The south half of Flathead Lake lies on the Flathead Indian Reservation, though most of the lakeshore is privately owned and developed. The north half of Flathead Lake is also almost entirely private and developed into homes and resorts. Fifteen of the other lakes (5,556 ha (13,729 ac) are in Glacier National Park, though road and campground development exists on most of the larger lakes, and commercial development and some private land occurs along Lake McDonald. The shoreline of 1,356 ha (3,350 ac) Whitefish Lake is almost entirely private and developed. Of the remaining four lakes, three (Upper Whitefish, Upper Stillwater, and Cyclone) are primarily surrounded by State lands that have been logged, but not developed. Only one very small lake, Frozen Lake (12 ha (30 ac)) which spans the International Border with Canada, is located on National Forest land.
(A) The entire basin of Flathead Lake, to the high water mark (49,574 ha (122,500 ac)) provides FMO habitat for tributary populations of bull trout (Fraley and Shepard 1989).
(B) The Flathead River from its confluence with Flathead Lake upstream 85.4 km (53.1 mi) to its forks; the Middle Fork Flathead River from its mouth upstream 140.3 km (87.2 mi) to its headwaters; and the North Fork Flathead River from its mouth upstream 92.9 km (57.7 mi) to the Canadian border provide FMO habitat for multiple local populations of bull trout (MBTSG 1995c; USFWS 2002).
(C) Nyack Creek from its confluence with the Middle Fork Flathead River upstream 11.4 km (7.1 mi) to a naturally de-watered reach provides spawning and rearing habitat for the Nyack Creek local population (MBTSG 1995c; USFWS 2002).
(D) Park Creek from its confluence with the Middle Fork Flathead River upstream 13.7 km (8.5 mi) to the confluence with its' tributary Elk Creek provides spawning and rearing habitat for the Park Creek local population (MBTSG 1995c; USFWS 2002).
(E) Ole Creek from its confluence with the Middle Fork Flathead River upstream 12.6 km (7.9 mi) to a naturally de-watered reach near the trail junction, just upstream of Debris Creek, provides spawning and rearing habitat for the Ole Creek local population (MBTSG 1995c; USFWS 2002).
(F) Bear Creek from its confluence with the Middle Fork Flathead River upstream 17.7 km (11.0 mi) to a barrier at the junction of Skyland Creek provides spawning and rearing habitat for the Bear Creek local population (MBTSG 1995c; USFWS 2002).
(G) Long Creek from its confluence with the Middle Fork Flathead River upstream approximately 8.0 km (5.0 mi) provides spawning and rearing habitat for the Long Creek local population (MBTSG 1995c; USFWS 2002).
(H) Granite Creek from its confluence with the Middle Fork Flathead River upstream 13.1 km (8.1 mi) to its headwaters provides spawning and rearing habitat for the Granite Creek local population (MBTSG 1995c; USFWS 2002).
(I) Morrison Creek from its confluence with the Middle Fork Flathead River upstream 19.8 km (12.3 mi) to the junction with Puzzle Creek; Puzzle Creek from its mouth upstream 4.4 km (2.7 mi) to its headwaters, Lodgepole Creek from its confluence with Morrison Creek upstream 3.1 km (1.9 mi) to its junction with Whistler Creek; and Whistler Creek from its mouth upstream 5.9 km (3.7 mi) to its headwaters provide spawning and rearing habitat for the Morrison Creek local population (MBTSG 1995c; USFWS 2002).
(J) Schafer Creek from its confluence with the Middle Fork Flathead River upstream 5.9 km (3.7 mi) to a natural barrier near the confluence of Rouge Creek, and Dolly Varden Creek from its junction with Schafer Creek upstream 12.1 km (7.5 mi) to Dolly Varden Falls near the confluence of Argosy Creek provide spawning and rearing habitat for the Schafer Creek local population (MBTSG 1995c; USFWS 2002).
(K) Clack Creek from its confluence with the Middle Fork Flathead River upstream 3.9 km (2.4 mi) to a natural barrier approximately one-third the distance up its watershed near the trail junction to Trilobite Lakes provides spawning and rearing habitat for the Clack Creek local population (MBTSG 1995c; USFWS 2002).
(L) Bowl Creek from its confluence with the Middle Fork Flathead River upstream 7.9 km (4.9 mi) to the junction with Basin Creek; Basin Creek from its mouth upstream 10.0 km (6.2 mi) to a natural barrier in its upper reaches; and Scalp Creek from its confluence with Bowl Creek upstream 4.6 km (2.8 mi) to its headwaters provide spawning and rearing habitat for the Bowl Creek local population (MBTSG 1995c; USFWS 2002).
(M) Strawberry Creek from its confluence with the Middle Fork Flathead River upstream 21.2 km (13.2 mi) to its headwaters; Trail Creek from its junction with Strawberry Creek upstream 7.3 km (4.6 mi) to the junction with Jeff Creek; Gateway Creek from its confluence Strawberry Creek upstream 9.3 km (5.8 mi) to its headwaters; and East Fork Strawberry Creek from its confluence Strawberry Creek upstream 5.7 km (3.5 mi) to its headwaters
(N) Big Creek from its confluence with the North Fork Flathead River upstream 18.4 km (11.4 mi) to a natural barrier in the headwaters upstream from Nicola Creek; Skookoleel Creek from its confluence with Big Creek upstream 8.2 km (5.1 mi) to its headwaters; Hallowat Creek from its mouth at Big Creek upstream 14,8 km (9.2 mi) to its headwaters; Werner Creek from its mouth at Hallowat Creek upstream 4.0 km (2.5 mi) to its headwaters; and Kletomus Creek from its mouth at Hallowat Creek upstream 8.2 km (5.1 mi) to its headwaters provide spawning and rearing habitat for the Big Creek local population (MBTSG 1995c; USFWS 2002).
(O) Coal Creek from its confluence with the North Fork Flathead River upstream 28.5 km (17.7 mi) to its headwaters; Cyclone Creek from its confluence with Coal Creek upstream 5.0 km (3.1 mi) to Cyclone Lake; South Fork Coal Creek from its mouth upstream10.2 km (6.4 mi) to a natural barrier; and Mathias Creek from its mouth at South Fork Coal Creek upstream 4.6 km (2.9 mi) to a natural barrier provide spawning and rearing habitat for the Coal Creek local population (MBTSG 1995c; USFWS 2002). Approximately 1.0 km (0.6 mi) of Cyclone Creek downstream from Cyclone Lake may also provide spawning and rearing habitat for the Cyclone Lake local population (MBTSG 1995c).
(P) Cyclone Lake (49 ha (121 ac)) provides FMO habitat, and Cyclone Creek from its confluence with Cyclone Lake upstream 8.6 km (5.4 mi) to its headwaters provides spawning and rearing habitat for the Cyclone Creek local population (USFWS 2002).
(Q) Red Meadow Creek from its confluence with the North Fork Flathead River upstream 22.3 km (13.9 mi) to its source at Red Meadow Lake provides spawning and rearing habitat for the Red Meadow Creek local population (MBTSG 1995c; USFWS 2002).
(R) Whale Creek from its confluence with the North Fork Flathead River upstream 23.0 km (14.3 mi) to Whale Creek Falls upstream from Shorty Creek; Shorty Creek from its confluence with Whale Creek upstream 4.4 km (2.7 mi) to the junction of South Fork Shorty Creek; and South Fork Shorty Creek upstream 1.6 km (1.0 mi) to a natural barrier near an unnamed tributary originating in Stoney Basin Lake provide spawning and rearing habitat for the Whale Creek local population (MBTSG 1995c; USFWS 2002).
(S) Trail Creek from its confluence with the North Fork Flathead River upstream 13.3 km (8.3 mi) to a natural barrier near the junction of Thoma Creek provides spawning and rearing habitat for the Trail Creek local population (MBTSG 1995c; USFWS 2002).
(T) Whitefish Lake (1,356 ha (3,351 ac)) provides FMO habitat for the depressed Whitefish Lake local population. Swift Creek from Whitefish Lake upstream 26.5 km (16.5 mi) to the junction of its East and West Forks provides FMO habitat in the lower reaches, and spawning and rearing habitat in the upper reaches. West Fork Swift Creek from its mouth upstream 13.7 km (8.5 mi) to its headwaters provides spawning and rearing habitat for this local population (MBTSG 1995c; USFWS 2002).
(U) Upper Whitefish Lake (36 ha (89 ac)) provides FMO habitat for the Upper Whitefish Lake local population. East Fork Swift Creek from its confluence with Upper Whitefish Lake upstream 9.5 km (5.9 mi) to its headwaters provides spawning and rearing habitat.
(V) Upper Stillwater Lake (225 ha (556 ac)) provides FMO habitat for the Stillwater Lake local population. The Stillwater River from its mouth at the lake upstream 35.3 km (21.9 mi) to its' headwaters provides FMO habitat in the lower reaches, and spawning and rearing habitat in the upper reaches. Fitzsimmons Creek from its junction with the Stillwater River upstream 9.4 km (5.9 mi) to its headwaters provides spawning and rearing habitat (MBTSG 1995c; USFWS 2002).
(W) Lake McDonald (2,761 ha (6,823 ac)) provides FMO habitat, and its tributary McDonald Creek upstream 2.6 km (1.6 mi) from the mouth to McDonald Falls provides spawning and rearing habitat for the depressed McDonald Creek local population of bull trout (MBTSG 1995c; USFWS 2002).
(X) Lincoln Lake (16 ha (40 ac)) provides FMO habitat, and Lincoln Creek from its mouth upstream 0.8 km (0.5 mi) to Beaver Chief Falls provides spawning and rearing habitat for the Lincoln Creek local population (MBTSG 1995c; USFWS 2002).
(Y) Harrison Lake (166 ha (410 ac)) provides FMO habitat, and its tributary Harrison Creek from the mouth upstream 6.9 km (4.3 mi) to its headwaters provides spawning and rearing habitat for the Harrison Creek local population (MBTSG 1995c; USFWS 2002).
(Z) Lake Isabel (17 ha (42 ac)) provides FMO habitat and its tributary Park Creek from the mouth upstream 1.4 km (0.9 mi) to its headwaters provides spawning and rearing habitat for the Park Creek local population (MBTSG 1995c; USFWS 2002).
(AA) Trout Lake (86 ha (213 ac)) and Arrow Lake (23 ha (57 ac)) provide FMO habitat, and Camas Creek between Trout and Arrow lakes (approximately 2.1 km (1.3 mi)), as well as upstream of Arrow Lake 4.1 km (1.3 mi) to Camas Lake provide spawning and rearing habitat for the Camas Creek local population (MBTSG 1995c; USFWS 2002).
(BB) Logging Lake (444 ha (1,097 ac)) provides FMO habitat, and its tributary Logging Creek from its junction with the upstream (east) end of the lake upstream 1.8 km (1.1 mi) to the outlet of Grace Lake provides spawning and rearing habitat for the Logging Creek local population (MBTSG 1995c; USFWS 2002).
(CC) Lower Quartz (67 ha (166 ac)) and the Upper Quartz Lakes Complex (Middle Quartz Lake, Quartz Lake, and Cerulean Lake; 399 ha (986 ac) combined) provide FMO habitat. Quartz Creek from the inlet of Lower Quartz Lake upstream 1.5 km (0.9 mi) to Middle Quartz Lake; Quartz Creek from the inlet of Middle Quartz Lake upstream 7.9 km (4.9 mi) to Quartz Lake; and Rainbow Creek from its confluence with Quartz Creek upstream 1.7 km (1.1 mi) to Cerulean Lake provide spawning and rearing habitat for the Quartz Creek local population (MBTSG 1995c; USFWS 2002).
(DD) Bowman Lake (690 ha (1,705 ac)) provides FMO habitat, and its tributary Bowman Creek from the inlet to Bowman Lake upstream 10.6 km (6.6 mi) to its headwaters provides spawning and rearing habitat for the Bowman Creek local population (MBTSG 1995c; USFWS 2002).
(EE) Akokala Lake (9 ha (23 ac)) provides FMO habitat, and its tributary Akokala Creek upstream 1.4 km (0.9 mi) from the lake inlet to its headwaters provides spawning and rearing habitat for the Akokala Creek local population (MBTSG 1995c; USFWS 2002).
(FF) Kintla Lake (687 ha (1,698 ac)) provides FMO habitat and Kintla Creek from its inlet to Kintla Lake upstream 2.6 km (1.6 mi) to a natural barrier provides spawning and rearing habitat for the Kintla Creek local population (MBTSG 1995c; USFWS 2002).
(GG) Upper Kintla Lake (191 ha (472 ac)) provides FMO habitat and Kintla Creek from the inlet to Upper Kintla Lake upstream 9.4 km (5.9 mi) to its headwaters provides spawning and rearing habitat for the Upper Kintla
(HH) Frozen Lake (12 ha (30 ac)) provides FMO habitat, and Frozen Creek from the lake inlet upstream 4.2 km (2.6 mi) to its headwaters provides spawning and rearing habitat for the Frozen Creek local population (MBTSG 1995c; USFWS 2002).
The Swan CHSU includes the entire Swan River drainage upstream from Bigfork Dam (near the Swan River's confluence with Flathead Lake) in Lake and Missoula counties, Montana. The Swan CHSU is a linear valley bounded by the Swan Range to the west and the Mission Mountains to the east. A total of 212 km (132 mi) of 17 streams and 1,543 ha (3,813 ac) of lake surface area in three lakes is proposed for designation as critical habitat for bull trout in this CHSU. Landownership along the streams is approximately 36 percent Federal, 17 percent State, and 47 percent private. The Swan Lake shoreline is about half private, with extensive home and resort developments, and half surrounded by either National Forest or National Wildlife Refuge lands. Holland Lake is on National Forest land, some of which is leased and developed. Lindbergh Lake is mostly surrounded by National Forest, but a portion of the lakeshore is developed with home sites.
(A) Swan Lake (1,085 ha (2,680 ac)) provides FMO habitat for upstream tributary populations of bull trout (MBTSG 1996b). The Swan River from its upstream inlet to Swan Lake upstream approximately 87.4 km (54.3 mi) provides FMO habitat for tributary populations of bull trout to the confluence with Lindbergh Lake, and provides spawning and rearing habitat above Lindbergh Lake.
(B) Lost Creek from the confluence with the Swan River upstream 2.8 km (1.7 mi) to the junction of the North and South Forks; North Fork Lost Creek from its mouth upstream 7.6 km (4.7 mi) to a barrier falls; and South Fork Lost Creek from its mouth upstream 7.3 km (4.6 mi) to a barrier falls provide spawning and rearing habitat for the Lost Creek local population of bull trout (MBTSG 1996b; USFWS 2002).
(C) Soup Creek from the confluence with the Swan River upstream 11.1 km (6.9 mi) to a natural barrier falls provides spawning and rearing habitat for the Soup Creek local population (MBTSG 1996b; USFWS 2002).
(D) Woodward Creek from the confluence with the Swan River upstream 6.0 km (3.7 mi) to a barrier falls on the northernmost fork, and South Fork Woodward Creek from its junction with Woodward Creek upstream 4.7 km (2.9 mi) to a point where the stream makes a hard turn from its southerly direction to a westerly direction provide spawning and rearing habitat for the Woodward Creek local population (MBTSG 1996b; USFWS 2002).
(E) Goat Creek from the confluence with the Swan River upstream 11.5 km (7.2 mi) to the confluence with Bethal Creek and Squeezer Creek from its junction with Goat Creek upstream 8.6 km (5.3 mi) to a barrier falls provide spawning and rearing habitat for the Goat Creek local population (MBTSG 1996b; USFWS 2002).
(F) Lion Creek from its confluence with the Swan River upstream 11.4 km (7.1 mi) to a natural barrier falls approximately half way up the drainage provides spawning and rearing habitat for the Lion Creek local population (MBTSG 1996b; USFWS 2002).
(G) Piper Creek from its confluence with the Swan River upstream 5.9 km (3.7 mi) to the junction with Moore Creek provides spawning and rearing habitat for the Piper Creek local population (MBTSG 1996b; USFWS 2002).
(H) Jim Creek from its confluence with the Swan River upstream 11.9 km (7.4 mi) to the lowermost Jim Lake provides spawning and rearing habitat for the Jim Creek local population.
(I) Cold Creek from its confluence with the Swan River upstream 10.0 km (6.2 mi) to the junction with North Fork Cold Creek provides spawning and rearing habitat for the Cold Creek local population (MBTSG 1996b; USFWS 2002).
(J) Elk Creek from its confluence with the Swan River upstream 16.9 km (10.5 mi) to the confluence of the North and South Fork Elk Creek provides spawning and rearing habitat for the Elk Creek local population (MBTSG 1996b; USFWS 2002).
(K) Lindbergh Lake (293 ha (725 ac)) provides FMO habitat; approximately 6 km (3.8 mi) of the upper Swan River (previously described in (a), above), and Crystal Creek from its confluence with the upper Swan River upstream approximately 1 km (0.6 mi) to a natural barrier downstream from the outlet of Crystal Lake provide spawning and rearing habitat for the Upper Swan River local population (MBTSG 1996b; USFWS 2002).
(L) Holland Lake provides FMO habitat, and Holland Creek upstream 0.6 km (0.4 mi) from Holland Lake to a natural barrier falls provides spawning and rearing habitat for the Holland Creek local population (MBTSG 1996b; USFWS 2002).
The Hungry Horse Reservoir CHSU includes the entire South Fork Flathead River drainage upstream from Hungry Horse Dam (9.0 km (5.6 mi) upstream from the South Fork's confluence with the mainstem Flathead River) in Flathead, Missoula, Powell, and Lewis and Clark counties, Montana. A total of 336 km (209 mi) of 16 streams; 9,632 ha (23,800 ac) Hungry Horse Reservoir; and two lakes (Big Salmon Lake, 324 ha (800 ac)); Doctor Lake, 32 ha (79 ac) are proposed for designation as critical habitat for bull trout in this CHSU. Landownership along the streams and lake shores is entirely Federal (100 percent), lying in either National Forest or Congressionally designated wilderness.
(A) Hungry Horse Reservoir (9,632 ha (23,800 ac)) and the South Fork Flathead River upstream 93.6 km (58.2 mi) from the full pool level of Hungry Horse Reservoir to its source at the confluence of Youngs and Danaher creeks provide critical FMO habitat for tributary spawning populations of bull trout (MBTSG 1995d).
(B) Wounded Buck Creek from its mouth at Hungry Horse Reservoir upstream 6.0 km (3.7 mi) to a natural barrier falls in the upper reaches of the drainage provides spawning and rearing habitat for the Wounded Buck Creek local population of bull trout (MBTSG 1995d; USFWS 2002).
(C) Wheeler Creek from its mouth at Hungry Horse Reservoir upstream 5.9 km (3.6 mi) to a natural barrier falls just upstream of the junction of Trapper Creek provides spawning and rearing habitat for the Wheeler Creek local population of bull trout (MBTSG 1995d; USFWS 2002).
(D) Sullivan Creek from its mouth at Hungry Horse Reservoir upstream 24.0 km (14.9 mi) to its headwaters and its tributary Quintonkon Creek from its mouth upstream 5.2 km (3.3 mi) to a natural barrier falls approximately half way up the drainage provide spawning and rearing habitat for the Sullivan Creek local population of bull trout (MBTSG 1995d; USFWS 2002).
(E) The Spotted Bear River from its confluence with the South Fork Flathead River upstream 32.8 km (20.4 mi) to Dean Falls, just upstream from the confluence of Slim Creek, provides spawning and rearing habitat for the Spotted Bear River local population (MBTSG 1995d; USFWS 2002).
(F) Bunker Creek from its confluence with the South Fork Flathead River upstream 17.9 km (11.1 mi) to a barrier
(G) Little Salmon Creek from its confluence with the South Fork Flathead River upstream 28.7 km (17.8 mi) to its source provides spawning and rearing habitat for the Little Salmon Creek local population (MBTSG 1995d; USFWS 2002).
(H) Big Salmon Lake (324 ha (800 ac)) provides FMO habitat, and Big Salmon Creek upstream 7.4 km (4.6 mi) from Big Salmon Lake to a barrier falls just upstream from the junction of Spud Creek provides spawning and rearing habitat for the Big Salmon Creek local population (MBTSG 1995d; USFWS 2002).
(I) The White River from its confluence with the South Fork Flathead River upstream 13.1 km (8.1 mi) to Needle Falls (approximately 3 km (1.9 mi) upstream from the junction of the South Fork White River) provides spawning and rearing habitat for the White River local population (MBTSG 1995d; USFWS 2002).
(J) Gordon Creek from its confluence with the South Fork Flathead River upstream 23.4 km (14.5 mi) to a barrier falls near the confluence with George Creek provides spawning and rearing habitat for the Gordon Creek local population (MBTSG 1995d; USFWS 2002).
(K) Doctor Lake 32 ha (79 ac) provides FMO habitat, and the entire length (5.2 km (3.3 mi)) of Doctor Creek occurring both upstream and downstream of Doctor Lake provides spawning and rearing habitat for the Doctor Creek local population (MBTSG 1995d; USFWS 2002).
(L) Youngs Creek from its confluence with the headwaters of the South Fork Flathead River upstream 28.7 km (17.8 mi) to the junction of Ross Creek near its headwaters, and Babcock Creek (a tributary to Youngs Creek) from its mouth upstream 7.3 km (4.5 mi) to the confluence with Otis Creek provide spawning and rearing habitat for the Youngs Creek local population (MBTSG 1995d; USFWS 2002).
(M) Danaher Creek from its confluence with the headwaters of the South Fork Flathead River upstream 33.5 km (20.8 mi) to its source, and Rapid Creek (a tributary to Danaher Creek) from its mouth upstream2.9 km (1.8 mi) to the confluence of Fiction Creek provide spawning and rearing habitat for the Danaher Creek local population (MBTSG 1995d; USFWS 2002).
The Bitterroot CHSU includes the entire Bitterroot River drainage on the western border of Montana, upstream from its' confluence with the Clark Fork River in Missoula and Ravalli counties, Montana. A total of 799 km (496 mi) of 43 streams and 265 ha (655 ac) of Painted Rocks Reservoir is proposed for designation as critical habitat for bull trout in this CHSU. Landownership along the streams is approximately 64 percent Federal, 1 percent State, and 35 percent private. Painted Rocks Reservoir is mostly on National Forest with some private development. In this CHSU, nearly all headwaters are on National Forest lands, and the vast majority of the Bitterroot Valley, including lower ends of tributary drainages and the entire mainstem of the Bitterroot River are privately owned and extensively developed with ranches, home sites, and businesses.
(A) The Bitterroot River from its junction with the Clark Fork River upstream 135.8 km (84.3 mi) to the confluence of its East and West Forks provides FMO habitat for tributary populations of bull trout (MBTSG 1995a; USFWS 2002).
(B) Burnt Fork Creek from its confluence with the Bitterroot River upstream 41.2 km (25.6 mi) to its headwaters; Gold Creek from its mouth at Burnt Fork Creek upstream 10.8 km (6.7 mi) to its headwaters; and Little Burnt Fork Creek from its mouth upstream 5.5 km (3.4 mi) to its source provide spawning and rearing habitat for the Burnt Fork Creek local population (MBTSG 1995a; USFWS 2002).
(C) Fred Burr Creek from its confluence with the Bitterroot River upstream 14.3 km (8.9 mi) to Fred Burr Reservoir provides FMO habitat in the lower reaches, and spawning and rearing habitat in the upper reaches. Its tributary Mill Creek, from its mouth upstream 19.5 km (12.1 mi) to a natural barrier just upstream of the Wilderness Boundary, provides spawning and rearing habitat supporting the Fred Burr Creek local population (MBTSG 1995a; USFWS 2002).
(D) Blodgett Creek from its confluence with the Bitterroot River upstream 30.7 km (19.0 mi) to its headwaters provides spawning and rearing habitat for the Blodgett Creek local population (MBTSG 1995a; USFWS 2002).
(E) Skalkaho Creek from its confluence with the Bitterroot River upstream 40.4 km (25.1 mi) to its headwaters; Daly Creek from its confluence with Skalkaho Creek upstream 12.2 km (7.6 mi) to Skalkaho Falls; Railroad Creek from its confluence with Skalkaho Creek upstream 8.4 km (5.2 mi); and Weasel Creek from its confluence with Skalkaho Creek upstream 5.3 km (3.3 mi) to its source provide spawning and rearing habitat for the Skalkaho Creek local population (MBTSG 1995a; USFWS 2002).
(F) Sleeping Child Creek from its confluence with the Bitterroot River upstream 38.5 km (23.9 mi) to its headwaters; Two Bear Creek from its confluence with Sleeping Child Creek upstream 10.7 km (6.6 mi) to its source; Divide Creek from its confluence with Sleeping Child Creek upstream 14.8 km (9.2 mi) to its source; and Switchback Creek from its confluence with Divide Creek upstream 1.0 km (0.6 mi) to a natural barrier provide spawning and rearing habitat for the Sleeping Child Creek local population (MBTSG 1995a; USFWS 2002).
(G) The West Fork of the Bitterroot River from its confluence with the Bitterroot River upstream 35.2 km (21.9 mi) to Painted Rocks Reservoir and Painted Rocks Reservoir (265 ha (655 ac)) provide FMO habitat for tributary populations of bull trout. The West Fork of the Bitterroot River from Painted Rocks Reservoir upstream 27.9 km (17.3 mi); Slate Creek from the confluence with Painted Rocks Reservoir upstream 17.3 km (10.8 mi) to its source; Blue Joint Creek from the confluence with Painted Rocks Reservoir upstream 28.0 km (17.4 mi) to a natural barrier; Overwhich Creek from its confluence with the West Fork Bitterroot River upstream 23.2 km (14.4 mi) to a natural barrier; Straight Creek from its confluence with Overwhich Creek upstream 5.4 km (3.3 mi) to its headwaters; Hughes Creek from its confluence with the West Fork Bitterroot River upstream 28.4 km (17.6 mi) to its source; Chicken Creek from its confluence with the West Fork Bitterroot River upstream 8.2 km (5.1 mi) to its forks; Deer Creek from its confluence with the West Fork Bitterroot River upstream 20.1 km (12.5 mi) to its headwaters; Woods Creek from its confluence with the West Fork Bitterroot River upstream 11.0 km (6.8 mi) to its headwaters; Johnson Creek from its confluence with the West Fork Bitterroot River upstream 7.4 km (4.6 mi) to its source; Beaver Creek from its confluence with the West Fork Bitterroot River upstream 7.4 km (4.6 mi) to its source; and Sheep Creek from its confluence with the West Fork Bitterroot River upstream 5.0 km (3.1 mi) to its headwaters provide spawning and rearing habitat for the West Fork Bitterroot River population complex of
(H) The East Fork Bitterroot River from its mouth upstream 59.4 km (36.9 mi) provides FMO habitat in the lower reaches, and spawning and rearing habitat in the upper reaches. Meadow Creek from its confluence with the East Fork Bitterroot River upstream 15.6 km (9.7 mi) to its headwaters; Swift Creek from its mouth on Meadow Creek upstream 3.2 km (2.0 mi) to a natural barrier falls; Bugle Creek from its confluence with Meadow Creek upstream 6.2 km (3.9 mi) to its source; Moose Creek from its confluence with the East Fork Bitterroot River upstream 10.6 km (6.6 mi) to a natural barrier; Martin Creek from its mouth on Moose Creek upstream 18.8 mi (11.7 mi) to its headwaters; Bush Creek from its confluence with Martin Creek upstream 6.5 km (4.0 mi) to its source; Lick Creek from its junction with Moose Creek upstream 5.9 km (3.6 mi) to its headwaters; Reynolds Creek from its junction with Moose Creek upstream 6.4 km (4.0 mi) to its source; Sign Creek from its junction with Moose Creek upstream 4.2 km (2.6 mi) to its source; and Buck Creek from its confluence with the East Fork Bitterroot River upstream 1.6 km (1.0 mi) to its headwaters provide spawning and rearing habitat for the East Fork Bitterroot River population complex of bull trout (MBTSG 1995a; USFWS 2002).
(I) Warm Springs Creek from its confluence with the East Fork Bitterroot River upstream 19.3 km (12.0 mi); Fire Creek from its confluence with Warm Springs Creek upstream 2.4 km (1.5 mi); Wiles Creek from its confluence with Warm Springs Creek upstream 8.8 km (5.5 mi) to its source; Fault Creek from its mouth at Wiles Creek upstream 5.3 km (3.3 mi) to its source; Porcupine Creek from its junction with Warm Springs Creek upstream 7.2 km (4.5 mi); and Prayer Creek from its junction with Warm Springs Creek upstream 4.4 km (2.7 mi) provide spawning and rearing habitat for the Warm Springs Creek local population of bull trout (MBTSG 1995a; USFWS 2002).
The Blackfoot River CHSU includes the entire Blackfoot River drainage in western Montana in Missoula, Powell, and Lewis and Clark counties, with the exception of its' tributaries in the Clearwater River CHSU. A total of 436 km (270 mi) of 12 streams is proposed for designation as critical habitat for bull trout in this CHSU. Landownership along the streams proposed for designation as critical habitat is approximately 34 percent Federal, 8 percent State, and 58 percent private.
(A) The Blackfoot River from its confluence with the Clark Fork River at Milltown upstream 191.0 km (118.7 mi) to the confluence of Alice Creek provides FMO habitat for tributary populations of bull trout (MBTSG 1995b).
(B) Gold Creek from its junction with the Blackfoot River upstream 19.4 km (12.1 mi) to a barrier falls near the National Forest boundary; the West Fork of Gold Creek from its mouth upstream13.1 km (8.1 mi) to its headwaters; and Daisy Creek from its confluence with the West Fork of Gold Creek upstream 6.2 km (3.9 mi) to its source provide spawning and rearing habitat for the Gold Creek local population of bull trout (MBTSG 1995b; USFWS 2002).
(C) Belmont Creek from its junction with the Blackfoot River upstream 16.9 km (10.5 mi) to its source provides spawning and rearing habitat for the Belmont Creek local population of bull trout (MBTSG 1995b; USFWS 2002).
(D) Cottonwood Creek from its junction with the Blackfoot River upstream 23.8 km (14.8 mi) to its source at Cottonwood Lake provides spawning and rearing habitat for the Cottonwood Creek local population (MBTSG 1995b; USFWS 2002).
(E) Monture Creek from its junction with the Blackfoot River upstream 47.3 km (29.4 mi) to its headwaters; Dunham Creek from its confluence with Monture Creek upstream 23.3 km (14.4 mi) to its headwaters; and Lodgepole Creek from its junction with Dunham Creek upstream 11.7 km (7.2 mi) to its source provide spawning and rearing habitat for the Monture Creek local population (MBTSG 1995b; Pierce
(F) The North Fork Blackfoot River from its confluence with the Blackfoot River upstream 41.0 km (25.5 mi) to a natural barrier at North Fork Falls provides spawning and rearing habitat for the North Fork Blackfoot River local population (MBTSG 1995b; Pierce
(G) The Landers Fork from its confluence with the Blackfoot River upstream17.9 km (11.2 mi) to a barrier falls near the junction of Byrnes Creek (just downstream from the Scapegoat Wilderness), and Copper Creek from its junction with Landers Fork upstream 24.0 km (14.9 mi) to its headwaters provide spawning and rearing habitat for the Landers Fork local population (MBTSG 1995b; Pierce
The Clearwater River and Lake Chain CHSU includes the Clearwater River, a tributary to the Blackfoot River, drainage in Missoula and Powell counties, Montana. A total of 157 km (97 mi) of 9 streams, and 1,460 ha (3,608 ac) of lake surface area in seven lakes is proposed for designation as critical habitat for bull trout in this CHSU. Landownership along the streams is approximately 51 percent Federal, 5 percent State, and 44 percent private.
(A) Salmon Lake (263 ha (650 ac)) provides FMO habitat for tributary populations of bull trout (MBTSG 1995b).
(B) The Clearwater River from its confluence with Salmon Lake upstream 39.1 km (24.3 mi) to its headwaters at Clearwater Lake provides habitat for bull trout. FMO habitat for tributary bull trout populations occurs below the confluence with the East Fork Clearwater River. Upstream from the junction with the East Fork Clearwater River spawning and rearing habitat for the Clearwater River local population complex of bull trout occurs (MBTSG 1995b; USFWS 2002).
(C) Owl Creek from its confluence with the Clearwater River upstream 6.6 km (4.1 mi) to its origin at Placid Lake, and Placid Lake (463 ha (187 ac)) provide FMO habitat for tributary populations. Placid Creek from its junction with Placid Lake upstream17.1 km (10.7 mi) to its headwaters, and its tributary Finley Creek from its mouth upstream 8.3 km (5.2 mi) to its source provide spawning and rearing habitat for the Placid Creek local population of bull trout (MBTSG 1995b; USFWS 2002).
(D) Morrell Creek from its confluence with the Clearwater River upstream 29.4 km (18.2 mi) provides spawning and rearing habitat for the Morrell Creek local population of bull trout (MBTSG 1995b; USFWS 2002).
(E) Seeley Lake (415 ha (1,025 ac)) provides FMO habitat, and Deer Creek from its junction with Seeley Lake upstream 16.5 km (10.2 mi) to its headwater provides spawning and rearing habitat for the Deer Creek local population of bull trout (MBTSG 1995b; USFWS 2002).
(F) The West Fork Clearwater River from its confluence with the Clearwater River upstream 23.1 km (14.3 mi) to its headwaters provides FMO habitat in the lower reaches, and spawning and rearing habitat for the West Fork Clearwater River local population in the upper reaches (MBTSG 1995b; USFWS 2002).
(G) Lake Inez (119 ha (294 ac)), Lake Alva (121 ha (299 ac)), Rainy Lake (28 ha (69 ac)), and Clearwater Lake (51 ha (126 ac)) provide FMO habitat for tributary populations of bull trout (MBTSG 1995b).
(H) Colt Creek from its confluence with the Clearwater River upstream 8.8 km (5.4 mi) to its headwaters, and the East Fork Clearwater River from its confluence with the Clearwater River upstream 7.9 km (4.9 mi) provide spawning and rearing habitat for the Clearwater River local population complex (MBTSG 1995b; USFWS 2002).
The Rock Creek CHSU includes the entire watershed of Rock Creek in Missoula and Granite counties, Montana, from its junction with the Clark Fork River to its headwaters. A total of 487 km (302 mi) of 28 streams are proposed for designation as critical habitat for bull trout in this CHSU. Landownership along the streams is approximately 73 percent Federal, 1 percent State, and 26 percent private.
(A) Rock Creek from its confluence with the Clark Fork River near the town of Clinton upstream 83.3 km (51.7 mi) to its forks provides FMO habitat for tributary populations of bull trout (MBTSG 1995e).
(B) Gilbert Creek from its confluence with Rock Creek upstream 13.5 km (8.4 mi) to its headwaters provides spawning and rearing habitat for the Gilbert Creek local population of bull trout (MBTSG 1995e; USFWS 2002).
(C) Brewster Creek from its confluence with Rock Creek upstream 11.4 km (7.1 mi) to its source provides spawning and rearing habitat for the Brewster Creek local population of bull trout (MBTSG 1995e; USFWS 2002).
(D) Ranch Creek from its confluence with Rock Creek upstream 16.8 km (10.4 mi) to its headwaters provides spawning and rearing habitat for the Ranch Creek local population of bull trout (MBTSG 1995e; USFWS 2002).
(E) Welcome Creek from its confluence with Rock Creek upstream 11.9 km (7.4 mi) to its source provides spawning and rearing habitat for the Welcome Creek local population of bull trout (MBTSG 1995e; USFWS 2002).
(F) Butte Cabin Creek from its confluence with Rock Creek upstream 10.2 km (6.3 mi) to its headwaters provides spawning and rearing habitat for the Butte Cabin Creek local population of bull trout (MBTSG 1995e; USFWS 2002).
(G) Wahlquist Creek from its confluence with Rock Creek upstream 7.5 km (4.7 mi) to its headwaters provides spawning and rearing habitat for the Wahlquist Creek local population of bull trout (MBTSG 1995e; USFWS 2002).
(H) Cougar Creek from its confluence with Rock Creek upstream 7.7 km (4.8 mi) to its source provides spawning and rearing habitat for the Cougar Creek local population of bull trout (MBTSG 1995e; USFWS 2002).
(I) Hogback Creek from its confluence with Rock Creek upstream 7.3 km (4.5 mi) to its headwaters provides spawning and rearing habitat for the Hogback Creek local population of bull trout (MBTSG 1995e; USFWS 2002).
(J) Wyman Creek from its confluence with Rock Creek upstream 13.7 km (8.5 mi) to its headwaters provides spawning and rearing habitat for the Wyman Creek local population of bull trout (MBTSG 1995e; USFWS 2002).
(K) Stony Creek from its confluence with Rock Creek upstream 18.1 km (11.2 mi) to its source provides spawning and rearing habitat for the Stony Creek local population of bull trout (MBTSG 1995e; USFWS 2002).
(L) Upper Willow Creek from its confluence with Rock Creek upstream 31.2 km (19.4 mi) to its headwaters, and its tributary Beaver Creek from its mouth upstream 6.3 km (3.9 mi) to its source provide spawning and rearing habitat for the Upper Willow Creek local population of bull trout (MBTSG 1995e; USFWS 2002).
(M) West Fork Rock Creek from its confluence with Rock Creek upstream 38.4 km (23.9 mi) to its headwaters; North Fork Rock Creek from its confluence with West Fork Rock Creek upstream 7.8 km (4.8 mi) to its headwaters; Sand Basin Creek from its confluence with West Fork Rock Creek upstream 10.7 km (6.7 mi) to its source; and Bowles Creek from its confluence with West Fork Rock Creek upstream 6.8 km (4.2 mi) to its headwaters provide spawning and rearing habitat for the West Fork Rock Creek local population of bull trout (MBTSG 1995e; USFWS 2002).
(N) Ross Fork Rock Creek from its confluence with West Fork Rock Creek upstream 36.7 km (22.8 mi) to its headwaters; Moose Meadow Creek from its confluence with Ross Fork Rock Creek upstream 9.4 km (5.8 mi) to its source; and South Fork Ross Fork Rock Creek from its confluence with Ross Fork Rock Creek upstream 10.0 km (6.2 mi) to its headwaters provide spawning and rearing habitat for the Ross Fork Rock Creek local population of bull trout (MBTSG 1995e; USFWS 2002).
(O) East Fork Rock Creek from its confluence with Rock Creek upstream 25.8 km (16.0 mi) to its headwaters and Meadow Creek from its confluence with East Fork Rock Creek upstream 7.9 km (4.9 mi) to a barrier cascade at the confluence of Dexter Creek provide spawning and rearing habitat for the East Fork Rock Creek local population of bull trout. East Fork Reservoir (170 ha (420 ac) at full pool) provides FMO habitat for this local population (MBTSG 1995e; USFWS 2002).
(P) Middle Fork Rock Creek from its confluence with East Fork Rock Creek upstream 38.3 km (23.8 mi) to its source; Copper Creek from its confluence with Middle Fork Rock Creek upstream 19.2 km (11.9 mi) to its headwaters; Green Canyon Creek from its confluence with Copper Creek upstream 6.1 km (3.8 mi) to its headwaters; Lutz Creek from its confluence with Copper Creek upstream 8.3 km (5.1 mi) to its headwaters; Meyers Creek from its confluence with Middle Fork Rock Creek upstream 8.2 km (5.1 mi); and Carpp Creek from its confluence with Middle Fork Rock Creek upstream 14.3 km (8.9 mi) provide spawning and rearing habitat for the Middle Fork Rock Creek local population of bull trout (MBTSG 1995e; USFWS 2002).
The Kootenai unit is located upstream and downstream from Libby Dam, in Montana, on the Kootenai River. It includes the northwestern corner of Montana and the northeastern tip of the panhandle of Idaho. The Kootenai River has a unique configuration, entering the U.S. from British Columbia, Canada and then returning to British Columbia where it joins the upper Columbia River drainage. This unit includes two CHSUs: the Kootenai River and Bull Lake CHSU lies in Boundary County, Idaho and Lincoln County, Montana. The Lake Koocanusa and Sophie Lake CHSU lies in Lincoln County, Montana.
We are proposing to designate critical habitat for bull trout in portions of 27 streams, 2 lakes, and 1 reservoir in this unit. The total stream distance is about 528 km (328 mi) in Montana, and 95 km (59 mi) in Idaho, for a total of 623 km (387 mi). The lakes and reservoir have a surface coverage of about 19,418 ha (47,982 ac), about 97 percent of which is the Lake Koocanusa reservoir. Landownership associated with the proposed critical habitat designations in waterways includes approximately 53 percent Federal land, 44 percent private lands, and 3 percent State land. The Draft Recovery Plan (USFWS 2002) identified 10 local populations of bull trout in this unit as essential to recovery.
The Kootenai River and Bull Lake CHSU includes the entire Kootenai River drainage downstream from Libby Dam, and the Callahan Creek, O'Brien Creek, Quartz Creek, Pipe Creek, Libby Creek, Fisher River, and Keeler Creek local populations. The following stream segments are included in this CHSU.
(A) The Kootenai River from the Canadian border with Idaho upstream 184.2 km (114.4 mi) to Libby Dam provides FMO habitat.
(B) Callahan Creek from its confluence with the Kootenai River upstream 12.3 km (7.7 mi) to its headwaters provides spawning and rearing habitat. July Creek from its confluence with Callahan Creek upstream 1.6 km (1.0 mi) to its headwaters, Goat Creek from its confluence with Callahan Creek upstream 7.4 km (4.6 mi) to its headwaters, North Fork Callahan Creek from its confluence with Callahan Creek upstream 20.4 km (12.7 mi) to its headwaters, and South Fork Callahan Creek from its confluence with Callahan Creek upstream 19.6 km (12.2 mi) to its headwaters also provides spawning and rearing habitat for the Callahan Creek local population.
(C) O'Brien Creek from its confluence with the Kootenai River upstream 17.7 km (11.0 mi) to its headwaters provides spawning and rearing habitat for the O'Brien Creek local population.
(D) Quartz Creek from its confluence with the Kootenai River upstream 17.7 km (11.0 mi) to its headwaters, and West Fork Quartz Creek from its confluence with Quartz Creek upstream 10.0 km (6.2 mi) to its headwaters provide spawning and rearing habitat for the Quartz Creek local population.
(E) Pipe Creek from its confluence with the Kootenai River upstream 39.6 km (24.6 mi) to its headwaters, and East Fork Pipe Creek from its confluence with Pipe Creek upstream 13.5 km (8.4 mi) to its headwaters provide spawning and rearing habitat for the Pipe Creek local population.
(F) Libby Creek from its confluence with the Kootenai River upstream 48.1 km (29.9 mi) to its headwaters provides spawning and rearing habitat. Bear Creek from its confluence with Libby Creek upstream 13.2 km (8.2 mi) to its headwaters, Poorman Creek from its confluence with Libby Creek upstream 8.8 km (5.5 mi) to its headwaters, and Ramsey Creek from its confluence with Libby Creek upstream 9.7 km (6.0 mi) to its headwaters also provide spawning and rearing habitat for the Libby Creek local population.
(G) The Fisher River from its confluence with the Kootenai River upstream 47.3 km (29.4 mi) provides FMO habitat. West Fisher Creek from its confluence with the Fisher River upstream 21.4 km (13.3 mi) provides spawning and rearing habitat for the Fisher River local population.
(H) Bull Lake and associated tributaries contain a bull trout population that is isolated from the Kootenai River by Troy Dam, built in 1917. This population is unusual in that the adult spawners run downstream from Bull Lake, using Lake Creek as a corridor to access spawning areas in Keeler Creek. Downstream spawning migration is uncommon amongst bull trout populations. Bull Lake 506 ha (1,250 ac) and Lake Creek, a tributary to Bull Lake upstream from the confluence 13.0 km (8.1 mi), provide FMO habitat. Keeler Creek from the confluence with Lake Creek upstream 13.4 km (8.3 mi), and North Fork Keeler Creek from the confluence with Keeler Creek upstream 10.6 km (6.6 mi) provide spawning and rearing habitat for the Bull Lake local population.
This CHSU includes the entire Kootenai River drainage in Montana upstream from Libby Dam and includes the Grave Creek, Wigwam River, and Phillips Creek local populations. Fluvial populations of bull trout in the upper Kootenai watershed were converted to an adfluvial life history pattern by the addition of the large reservoir (Lake Koocanusa) behind Libby Dam, which backs up water some 69 km (43 mi) and into Canada.
(A) Lake Koocanusa, 18,818 ha (46,499 ac) in size of which most occurs within the United States, provides FMO habitat for the Grave Creek and Wigwam River local populations. The entire U.S. portion of the reservoir is proposed for designation as critical habitat for bull trout.
(B) The Tobacco River from its confluence with Lake Koocanusa upstream 21.7 km (13.5 mi) provides FMO habitat. Grave Creek from its confluence with the Tobacco River upstream 25.4 km (15.8 mi), Clarence Creek from its confluence with Grave Creek upstream 8.5 km (5.3 mi), and Blue Sky Creek from its confluence with Grave Creek upstream 2.1 km (1.3 mi) provide spawning and rearing habitat for the Grave Creek local population.
(C) The upper 7.1 km (4.4 mi) of the Wigwam River, which lies within the United States, provides spawning and rearing habitat for the Wigwam River local population.
(D) Sophie Lake, 94 ha (232 ac) in size, provides FMO habitat and Phillips Creek, from the confluence with Sophie Lake upstream 5.5 km (3.4 mi), provides spawning and rearing habitat for the Phillips Creek local population. This population of migratory (adfluvial) bull trout are isolated in a closed basin, with no active outlet stream (MBTSG 1996e).
The Willamette River Basin Unit includes 337 km (209 mi) of stream and 1,600 ha (3,954 ac) of lake habitat in the McKenzie River and Middle Fork Willamette River subbasins of western Oregon. The unit is located primarily within Lane County, but also extends into Linn County. Landownership within the CHSU is 46 percent Federal and 54 percent private. Currently, there are three known bull trout local populations in the McKenzie River subbasin, and one potential bull trout local population in the Middle Fork Willamette River subbasin. All four of these populations are identified as essential for bull trout recovery in the Draft Recovery Plan (USFWS 2002). The stream segments that make up the Willamette River Unit are described below. With the exception of the mainstem Willamette River, the lower Middle Fork Willamette River, and Lost Creek, all segments proposed as critical habitat are currently occupied by bull trout, and all segments are essential to the conservation of the species, as they are essential to supporting populations that meet recovery criteria in the Draft Recovery Plan (USFWS 2002).
(i) The Willamette River from its confluence with the McKenzie River at rkm 282.0 (rmi 175.1) upstream 19 km (11.8 mi) to its confluence with the Middle Fork Willamette River at rkm 301.0 (187.0). This segment provides for the maintenance of the migratory life history form of bull trout that is essential to the long-term conservation of the species, and is essential for providing connectivity between the McKenzie River and Middle Fork Willamette River local populations.
(ii) The McKenzie River and side channels from its confluence with the Willamette River upstream 136 km (84.5 mi) to Trail Bridge Dam, including Trail Bridge Reservoir (23 ha (57 ac) at full pool), and continuing upstream beyond the reservoir for 3.2 km (2 mi) to Tamolitch Falls. Three bull trout local populations have been identified on the McKenzie River: (1) the Trail Bridge population includes the McKenzie River and tributaries above Trail Bridge Dam; (2) the McKenzie River population includes the McKenzie River and tributaries downstream of Trail Bridge Dam; and, (3) the South Fork McKenzie River population includes the South
(iii) The Middle Fork Willamette River from its confluence with the Willamette River upstream 48 km (29.9 mi) to Hills Creek Reservoir and including Dexter Reservoir (343 ha (848 ac)), Lookout Point Reservoir (1,617 ha (3,996 ac)), and Hills Creek Reservoir (1,060 ha (2,619 ac) at full pool), and continuing upstream from Hills Creek Reservoir for 32.2 km (20 mi) to the Paddy's Valley/Chuckle Springs area. Bull trout currently occur in the upper portion of the Middle Fork Willamette River as a result of transplanted fry from Anderson Creek in the McKenzie River, and this is considered a rehabilitated local population. The following Middle Fork tributaries are included: Swift Creek from its confluence with the Middle Fork Willamette River upstream 14.7 km (9.1 mi) to its headwaters; and Bear Creek from its confluence with Swift Creek upstream 3.2 km (2 mi).
The Hood River unit includes the mainstem Hood River and three major tributaries: the Clear Branch Hood River, West Fork Hood River, and East Fork Hood River. A total of 178.0 km (110.3 mi) of stream, representing 21 percent of the total stream lengths in this unit, is proposed for critical habitat. Although the recovery unit includes the Sandy River, which is known to be occupied based on recent sightings, there is insufficient information at present to identify local populations, or describe bull trout habitat use in the Sandy River subbasin; therefore no critical habitat is proposed for designation in this subbasin. Portions of the mainstem Columbia River utilized by Hood River bull trout are considered in the mainstem Columbia River section of this document.
The Hood River unit, located on the western slopes of the Cascades Mountains in northwest Oregon, lies entirely within Hood River County, Oregon. Landownership adjacent to stream reaches proposed for critical habitat within the Hood River unit includes: 48 percent Federal land, 1 percent State land, and 51 percent private land. Currently, there are two local populations (Clear Branch Hood River above Clear Branch Dam, and Hood River and tributaries below Clear Branch Dam) identified as essential to recovery (USFWS 2002). Also identified are two additional areas (West Fork Hood River and East Fork Hood River), where additional local populations essential for bull trout recovery are recommended to be established. Presently, bull trout in the Hood River basin are believed to be at substantial risk, numbering less than 300 adult fish, emphasizing the need to establish additional local populations (USFWS 2002).
(i) Hood River from the Columbia River upstream 23.7 km (14.7 mi) to its confluence with the east and middle forks provides FMO habitat as well as connectivity with the mainstem Columbia River.
(ii) West Fork Hood River from the Hood River confluence upstream 23.2 km (14.4 mi) to the confluence with Elk and McGee creeks provides FMO habitat. Current occupancy is confirmed from sightings at the fish ladder on Punchbowl Falls and from trap information (USFWS 2002). This habitat is essential for establishing additional reproducing local population(s) in the west fork (and east fork), which is essential to the long-term conservation of the species (USFWS 2002).
(iii) Lake Branch Hood River from the confluence with the west fork upstream 4.2 km (2.6 mi) to the confluence with Laurel Creek. Establishing additional local population(s) in the west and east fork is identified as an action necessary to achieve recovery (USFWS 2002). Lake Branch would serve as FMO habitat linking Laurel and Divers creeks, both of which were identified in U.S. Forest Service (USFS1996a) as having suitable water temperatures to provide spawning habitat. Divers Creek from the Lake Branch confluence upstream approximately 5.6 km (3.5 mi) to its headwaters is essential to provide spawning habitat to support additional local populations necessary to achieve recovery, as identified in the Draft Recovery Plan (USFWS 2002). Laurel Creek from the Lake Branch confluence upstream approximately 5.8 km (3.6 mi) to its headwaters is essential to provide potential spawning habitat for supporting additional local populations in this unit (USFWS 2002).
(iv) Red Hill Creek from the west fork confluence upstream approximately 5.5 km (3.4 mi) to its headwaters is essential to provide spawning habitat to support additional local populations, identified as essential to recovery (USFWS 2002). Elk Creek from the west fork confluence upstream 6.6 km (4.1 mi) to its headwaters also provides potential spawning habitat to support a population that is identified in the Draft Recovery Plan as essential to achieve recovery (USFWS 2002).
(v) East Fork Hood River from the Hood River confluence upstream 44.1 km (27.4 mi) to its headwaters is essential to provide FMO habitat to support additional local populations necessary to achieve long-term conservation of the species (USFWS 2002). Streams with habitat conditions for expanding bull trout spawning and rearing habitat have yet to be identified in the east fork subwatershed. Griswell Creek from the confluence with the east fork upstream 0.6 km (0.4 mi) to the Evans Creek confluence provides FMO habitat between Evans Creek, which is known to be occupied (Buchanan
(vi) Middle Fork Hood River from the Hood River confluence upstream 15.4 km (9.6 mi) to the confluence with Coe Branch provides spawning and rearing habitat for the Hood River local population. Bear Creek from the Middle Fork Hood River confluence upstream 1.3 km (0.8 mi) to the confluence with an unnamed tributary is occupied and provides spawning and rearing habitat for the Hood River local population. Elliot Creek from the Middle Fork Hood
(vii) Clear Branch from the confluence with the Middle Fork Hood River upstream 1.4 km (0.9 mi) to Clear Branch Dam provides FMO habitat. Clear Branch above Laurance Lake upstream 5.0 km (3.1 mi) to the confluence with two unnamed tributaries is occupied habitat providing spawning and rearing habitat for the Clear Branch local population. Laurance Lake, with an area of 37 ha (91 ac) provides rearing habitat for the Clear Branch local population. Pinnacle Creek from the confluence with Laurance Lake upstream 3.25 km (2.02 mi) to a gradient barrier is occupied and provides spawning and rearing habitat for the Clear Branch local population.
Two CHSUs, the lower Deschutes and the upper Deschutes, separated by Big Falls, an impassible barrier on the Deschutes River at rkm 211.4 (rmi 131.4) (Stuart
The Lower Deschutes CHSU is in Wasco, Sherman, Jefferson, Deschutes, and Crook Counties in central Oregon. Approximately 576 km (358 mi) of stream in the lower Deschutes River basin is proposed for critical habitat designation. Approximately 23 percent of the proposed streams are located on Federal lands, 44 percent on private lands, 32 percent on Confederated Tribes of Warm Springs Reservation of Oregon lands, and 1 percent on State lands. There are five known local populations in the lower Deschutes basin; all are identified as essential to the long-term conservation of the species (USFWS 2002). Local populations of bull trout that occupy this area include the Warm Springs, Shitike Creek, Whitewater River, Jefferson/Candle/Abbot complex, and Canyon/Jack/Heising/mainstem Metolious complex. The following stream segments are included in this CHSU.
(A) The Deschutes River from its mouth at the Columbia River at rkm 329.8 (rmi 204.8) upstream 211.6 km (131.5 mi) provides FMO habitat for bull trout (Buchanan
(B) Warm Springs River from its confluence with the Deschutes River at rkm 134.2 upstream 45.4 km (28.2 mi) contains FMO habitat. From rkm 45.5 upstream 28.0 km (17.4 mi) to its confluence with Dry Creek at rkm 73.6 spawning and rearing habitat occurs. This reach is interspersed with reaches on the Warm Springs Indian Reservation that are not included as proposed critical habitat due to their management as “Conditional Use Areas,” such that special management considerations or protections are not necessary. Bunchgrass Creek provides spawning and rearing habitat from its confluence with the Warm Spring River at rkm 62.8 upstream 10 km (6.2 mi) to its source at Cold Spring (Buchanan
(C) Shitike Creek from its confluence with the Deschutes River at rkm 155.0 upstream 14.6 km (9.1 mi) provides FMO habitat. From rkm 14.6 upstream 36.8 km (22.9 mi) is spawning and rearing habitat (Buchanan
(D) Crooked River from its confluence with Lake Billy Chinook at rkm 189.9 upstream 1 km (0.62 mi) to Opal Springs Dam contains FMO habitat known to be occupied. From Opal Springs dam upstream 62.5 km (38.8 mi) to the city of Prineville, FMO habitat of unknown occupancy exists. A few records of bull trout have been made (Buchanan
(E) Metolius River from its confluence with Lake Billy Chinook at rkm 195.3 upstream 37.2 km (23.1 mi) to the confluence with Jack Creek contains FMO habitat (Buchanan
(F) Whitewater River from its confluence with the Metolius River at rkm 9.2 (rmi 5.7) upstream 17 km (10.6 mi) to its source provides spawning and rearing habitat (Buchanan
(G) Jefferson Creek from its confluence with the Metolius River at rkm 25.5 (rmi 15.8) upstream 14.5 km (9 mi) to an impassable waterfall (Buchanan
(H) Metolius River from its confluence with Jack Creek upstream 7.2 km (4.5 mi) to the two springs at its source; Canyon Creek from its confluence with the Metolius River at rkm 36.1 (rmi 22.4) upstream 8.8 km (5.5 mi) to USFS road 1235; an unnamed tributary to Canyon Creek which is east of, and parallel to, Brush Creek upstream 3.4 km (2.1 mi); Brush Creek from its confluence with Canyon Creek at rkm 1.5 (rmi 0.9) upstream 6.1 km (3.8 mi) to USFS road 1230; Roaring Creek from its confluence with Canyon Creek at rkm 3.9 (rmi 2.4) upstream 2.9 km (1.8 mi) to two forks; up the north fork to the source springs and up the west fork to the intersection of USFS roads 1260 and 1230; Jack Creek from its confluence with the Metolius River at rkm 37.3 (rmi 23.2) upstream 7.4 km (4.6 mi) to its source springs (Buchanan
(I) The Lake Creek stream system is composed of a reverse dendritic (branching like a tree) pattern: As Lake Creek flows downstream, it splits into the North Fork, Middle Fork, and South Fork; the North Fork flows directly into the Metolius River; the South Fork and
(J) Squaw Creek from its confluence with the Deschutes River at rkm 195.8 (rmi 121.6) upstream 2.4 km (1.5 mi) to Alder Spring provides FMO habitat (Buchanan
The upper Deschutes River CHSU is located in Deschutes, Crook, and Klamath counties in central Oregon. Approximately 225.4 km (140.1 mi) of stream in the upper Deschutes River basin is proposed for critical habitat designation. Approximately 64 percent of the proposed streams are located on Federal lands, 35 percent on private lands, and 1 percent are on State lands. Bull trout are not currently known to occur in this area. Preliminary investigations and historic information indicate that habitat for bull trout is currently present (Riehle and Nolte 1992). The Draft Recovery Plan (USFWS 2002) identifies the historic habitat in the upper Deschutes basin as core habitat (
(A) The Deschutes River from Wickiup Reservoir upstream 12.4 km (7.7 mi) to its source at Lava Lake; Little Deschutes River from its confluence with Crescent Creek at rkm 59.6 (rmi 37.0) upstream 31.5 km (19.6 mi) to the intersection with Highway 58, and from there upstream 23.7 km (14.7 mi) to its source at rkm 114.9 (rmi 71.4); ; Crescent Creek from its confluence with the Little Deschutes River upstream 25.4 km (15.8 mi) to the intersection with USFS road 61; Big Marsh Creek from its confluence with Crescent Creek at rkm 31.9 (rmi 19.8) upstream 12.9 km (8 mi) through the marsh at rkm 9.4 (rmi 5.8), and from the marsh upstream 10 km (6.2 mi) to its source at rkm 22.8 (rmi 14.2); ; Crescent Lake (1,488 ha (3,676 ac)); Wickiup Reservoir (4,103 ha (10,139 ac)); Crane Prairie Reservoir (1,675 ha (4,139 ac)); Little Lava Lake (53 ha (130 ac)); and Lava Lake (139 ha (344 ac)) contain FMO habitat not currently known to be occupied (Buchanan
(B) Crescent Creek from the intersection with USFS road 61 at rkm 25.5 (rmi 15.8) upstream 15.8 km (9.8 mi) to Crescent Lake; Cold Creek from its confluence with Crescent Creek upstream 3.9 km (2.4 mi) to its spring source near the railroad tracks; Whitefish Creek from its confluence with Crescent Lake upstream 8.2 km (5.1 mi) to a water fall; and Refrigerator Creek from its confluence with Big Marsh Creek upstream 6.1 km (3.8 mi) to its source contain spawning and rearing habitat not currently known to be occupied but deemed essential to the long-term conservation of the species (USFWS 2002).
(C) Hemlock Creek from its confluence with the Little Deschutes River upstream 8.9 km (5.5 mi) to its source; Spruce Creek from its confluence with Hemlock Creek upstream 6.3 km (3.9 mi) to its source; and Fall River from its confluence with the Little Deschutes River upstream 14.2 km (8.8 mi) to its source contains spawning and rearing habitat not currently known to be occupied but deemed essential to the long-term conservation of the species (USFWS 2002).
(D) North Davis Creek from its confluence with Wickiup Reservoir upstream 1 km (0.6 mi) to its source; Browns Creek from its confluence with Wickiup Reservoir upstream 19.8 km (12.3 mi) to its spring source; Quin River from its confluence with Crane Prairie Reservoir upstream 0.3 km (0.2 mi) to its spring source; Cultus River from its confluence with Crane Prairie Reservoir upstream 13.5 km (8.4 mi) to its spring source; and Snow Creek from its confluence with the Deschutes River at rkm 375.4 (rmi 233.1) upstream 7.4 km (4.6 mi) to its spring source contain spawning and rearing habitat not currently known to be occupied but deemed essential to the long-term conservation of the species (USFWS 2002).
The Odell Lake Unit lies entirely within the Deschutes National Forest in Deschutes and Klamath counties. Total proposed critical habitat in this unit includes approximately 2,675 ha (6,611 ac) of lakes and 18.1 km (11.3 mi) of streams. The following lake area and stream segments are included in this critical habitat unit:
(i) Odell Lake, approximately 1,457 ha (3,600 ac) in surface area within the lake shoreline as depicted on a 1:24,000 scale map. Odell Lake is the primary FMO habitat for this adfluvial bull trout population.
(ii) Trapper Creek from its mouth at the confluence with Odell Lake to rkm 4.0 (rmi 2.5) at the confluence of two spring-fed tributaries which form its headwaters. Trapper Creek is the only tributary to Odell Lake where bull trout spawning and rearing is currently known to occur.
(iii) Crystal Creek from its mouth at the confluence with Odell Lake to its headwater springs at approximately rkm 2.4 (rmi 1.5). Crystal Creek historically supported bull trout spawning and maintains many of the habitat elements essential to the conservation of bull trout. Establishment of an appropriate additional spawning population in the area at Crystal Creek is essential to the long-term conservation of the species (USFWS 2002).
(iv) Odell Creek from its confluence with Odell Lake downstream 11.7 km (7.3 mi) to its confluence with Davis Lake. This area is included in this proposal because it currently is foraging habitat for the population that spawns in Trapper Creek that is essential to the long-term conservation of the species, and also because it provides additional spawning habitat that is essential to the long-term conservation of the species (USFWS 2002).
(v) Davis Lake (1,218 ha; 3,011 ac) is historical habitat that may currently provide FMO habitat for bull trout, and is essential to supporting a larger, more resilient bull trout population that is essential to the conservation of the
The John Day River unit in the John Day River Basin in eastern Oregon includes portions of the mainstem John Day River, the North Fork John Day River, the Middle Fork John Day River and their tributary streams in Wheeler, Grant, and Umatilla counties, Oregon. A total of 1,080 km (671 mi) of stream is proposed for critical habitat. Landownership along the stream reaches proposed for critical habitat within the John Day River critical habitat unit includes approximately 54 percent Federal land, less than 1 percent State land, and 46 percent privately owned land.
Currently, there are three subpopulations recognized in the basin (Buchanan
(i) Upper John Day River from its confluence with the North Fork John Day River at rkm 290.9 (rmi 180.6) to its confluence with Reynolds Creek at rkm 424.7 (rmi 263.7) provides FMO habitat. From Reynolds Creek upstream 20.4 km (12.7 mi) to its source there is occupied spawning and rearing habitat (Buchanan
(ii) North Fork John Day River from the confluence with the John Day River at rkm 290.9 (rmi 180.6) upstream 137 km (85 mi) to Granite Creek contains occupied FMO habitat. From Granite Creek upstream 38.5 km (23.9 mi) to its source contains occupied spawning and rearing habitat. West Fork Meadow Brook Creek from its confluence with North Fork John Day River at rkm 93.8 (rmi 58.2) upstream 4.5 km (2.8 mi) to East Fork Meadow Brook Creek contains occupied FMO habitat. East Fork Meadow Brook Creek from its confluence with the West Fork Meadow Brook Creek upstream 18 km (11.2 mi) to its source is occupied spawning and rearing habitat (ODFW 1996; Buchanan
(iii) Middle Fork John Day River from its confluence with the North Fork John Day River at rkm 50.4 (rmi 31.3) to its source is known FMO habitat (Buchanan
(iv) Dry Creek from its confluence with Pine Creek at rkm 9.59 (rmi 5.96) upstream 8.7 km (5.4 mi) to its source is spawning and rearing habitat for an isolated resident group of bull trout (ODFW 1996).
(v) Hideaway Creek from its confluence with Camas Creek at rkm 32.7 (rmi 20.3) upstream to its source is historic habitat (Buchanan
The Umatilla and Walla Walla Rivers Unit is located in northeastern Oregon and southeastern Washington. The unit includes 636 km (395 mi) of stream extending across portions of Umatilla, Union, and Wallowa counties in Oregon, and Walla Walla and Columbia counties in Washington. Currently, there are four known bull trout local populations in this unit, three in the Walla Walla River Basin, and one in the Umatilla River Basin. The Draft Recovery Plan (USFWS 2002) indicates the need to maintain these four local populations to provide for the recovered distribution of bull trout. Landownership patterns are discussed in the individual CHSU descriptions.
Approximately 284 km (176.4 mi) of stream has been proposed as critical habitat for bull trout in the Umatilla basin. Landownership within the CHSU is 37 percent Federal, 44 percent private, and 19 percent Tribal. Approximately 55 km (34 mi) of stream within the Umatilla Indian Reservation are proposed as critical habitat. The stream segments that make up the Umatilla CHSU are described below.
(A) The Umatilla River from its confluence with the Columbia River upstream 141.3 km (87.8 mi) to the confluence with the North and South Forks of the Umatilla, and extending 5.8 km (3.6 mi) up Squaw Creek, and 3.2 km (2.0 mi) up Ryan Creek. The lower 120 km (75 mi) of the Umatilla River below Squaw Creek provides important habitat for foraging, overwintering, and seasonal subadult rearing for an existing bull trout local population that spawn in upper portions of the Umatilla and Meacham Creek drainages. It also serves as a corridor for movement to the Columbia River. Subadult rearing, and potentially spawning, occurs in Squaw Creek, Ryan Creek, and the Umatilla River above Squaw Creek.
(B) Meacham Creek from its confluence with the Umatilla River upstream 34.5 km (21.4 mi) and extending up the following tributaries: North Fork Meacham Creek for a distance of 16 km (10 mi), including 4.8 km (3.0 mi) of Pot Creek, and East Fork Meacham Creek for a distance of 3.8 km (2.4 mi). Lower portions of Meacham and North Fork Meacham Creeks provide foraging and overwintering habitat, as well as a migratory corridor to the Umatilla River. Spawning and rearing has been documented in upper portions of North Fork Meacham Creek, and in the identified reach of Pot Creek. Suitable spawning and rearing habitat exists in the upper portion of Meacham Creek and in East Fork Meacham Creek, but bull trout have not been observed there in recent years (Germond
(C) The North Fork Umatilla River from its confluence with the South Fork upstream 16.6 km (10.3 mi) to its headwaters and extending 1.6 km (1.0 mi) up Coyote Creek and 1.6 km (1.0 mi)
(D) The South Fork Umatilla River from its confluence with the North Fork upstream 17.4 km (10.8 mi) to its headwaters and extending 11.1 km (6.9 mi) up Buck Creek, 8.8 km (5.5 mi) up Thomas Creek, 8.2 km (5.1 mi) up Spring Creek, and 9.2 km (5.7 mi) up Shimmiehorn Creek. These drainages are used by rearing and resident bull trout and spawning was observed in the South Fork Umatilla in the early 1990s (Germond
Approximately 351.6 km (218.5 mi) of stream has been proposed as critical habitat to support the three bull trout local populations in the Walla Walla basin. Landownership within the CHSU is approximately 28 percent Federal, 69 percent private, and 3 percent State. The stream segments that make up the Walla Walla CHSU are described below.
(A) The Walla Walla River from its confluence with Mill Creek upstream 27.3 km ( 17.0 mi) to the confluence with the North and South Forks of the Walla Walla. Lower sections provide foraging and overwintering habitat, and a migratory connection to Mill Creek, and spawning and rearing habitat is present from above the town of Milton-Freewater to the forks.
(B) The North Fork Walla Walla River from its confluence with the South Fork upstream 29.7 km (18.4 mi) to its headwaters. This reach provides suitable spawning and rearing habitat, and evidence of bull trout spawning was observed there in 2000 (T. Bailey, ODFW, pers. comm., 2002).
(C) The South Fork Walla Walla River from its confluence with the North Fork upstream 42.7 km (26.5 mi) to its headwaters and extending 2.6 km (1.6 mi) up Skiphorton Creek, 3.6 km (2.2 mi) up Reser Creek, 2.2 km (1.4 mi) up Husky Spring Creek, and 1.8 km (1.1 mi) up an unnamed tributary that forks off the South Fork Walla Walla River at rkm 117.9 (rmi 73.2). These stream reaches contain occupied spawning and rearing habitat that supports the upper Walla Walla local population.
(D) Mill Creek from its confluence with the Walla Walla River upstream 54.7 km (32.0 mi) to its headwaters; Yellowhawk Creek from its confluence with Mill Creek upstream 13.6 km (8.4 mi); Garrison Creek from its confluence with Mill Creek upstream 15.4 km (9.6 mi); Low Creek from its confluence with Mill Creek upstream 3.2 km (2.0 mi); Paradise Creek from its confluence with Mill Creek upstream for a distance of 2.2 km (1.4 mi); North Fork Mill Creek from its confluence with Mill Creek upstream 0.8 km (0.5 mi); Deadman Creek from its confluence with North Fork Mill Creek upstream for a distance of 0.5 km (0.3 mi); Burnt Fork Creek from its confluence with North Fork Mill Creek upstream for a distance of 1.6 km (1.0 mi); Green Fork Creek from its confluence with North Fork Mill Creek upstream for a distance of 0.8 km (0.5 mi); and Bull Creek from its confluence with North Fork Mill Creek upstream for a distance of 0.7 km (0.4 mi). The lower 44 km (27 mi) of Mill Creek, Yellowhawk Creek, and Garrison Creek provide foraging and overwintering habitat for adult bull trout, as well as providing connectivity to the Walla Walla River. Upper Mill Creek and the other tributaries named above are occupied spawning and rearing areas.
(E) The Touchet River from its confluence with Coppei Creek at rkm 69.2 (rmi 43.0) upstream 21.1 km (13.1 mi) to the confluence with the North and South Forks of the Touchet. This reach provides foraging and overwintering habitat for fluvial bull trout that spawn upstream.
(F) North Fork Touchet River from its confluence with the South Fork upstream 31.7 km (19.7 mi) to its headwaters; Wolf Fork Touchet River from its confluence with the North Fork Touchet River upstream 25.3 km (15.7 mi) and extending up into Robinson Creek for a distance of 17.3 km (10.7 mi); Lewis Creek from its confluence with the North Fork Touchet River upstream 7.9 km (4.9 mi); and Spangler Creek from its confluence with the North Fork Touchet River upstream 6.6 km (4.1 mi). The lower 6 km (3.7 mi) of the North Fork, the lower 12 km (7.5 mi) of the Wolf Fork, and Robinson Creek are utilized by bull trout for foraging and overwintering; they also provide connectivity to the South Fork. The North Fork above its confluence with the Wolf Fork, and portions of the Wolf Fork above Whitney Creek are documented spawning and rearing areas. Lewis and Spangler creeks also contain occupied spawning and rearing habitat.
(G) South Fork Touchet River from its confluence with the North Fork upstream 24.6 km (15.3 mi) to its headwaters; Griffin Fork from its confluence with the South Fork Touchet River upstream 6.2 km (3.9 mi) and including 3.2 km (2.0 mi) of an unnamed tributary that enters Griffin Fork from the north; and Burnt Fork from its confluence with the South Fork Touchet River upstream 4.3 km (2.7 mi). Bull trout are known to spawn in Griffin Fork and Burnt Fork and utilize the South Fork for foraging and overwintering habitat as well as passage to the North Fork Touchet River.
The Grande Ronde Unit extends across Union, Wallowa, and Umatilla counties in northeastern Oregon, and Asotin, Columbia, and Garfield counties in southeastern Washington. Approximately 1,030 km (640 mi) of stream in the Grande Ronde River basin is proposed for critical habitat designation. The unit includes the Grande Ronde River from its headwaters to the confluence with the Snake River and a number of its tributaries, the largest being the Wallowa River. Five bull trout local populations are associated with streams that branch directly off the Grande Ronde River, and three local populations are associated with streams flowing into the Wallowa River. One local population in the upper Little Minam River is isolated by a barrier falls and is not connected to either of the main rivers. The Draft Recovery Plan (USFWS 2002) identifies all nine existing local populations as necessary for recovery, and our proposed critical habitat reflects that need. Approximately 52 percent of the stream miles in the Grande Ronde Unit are on Federal lands, less than 1 percent are on State lands, and 48 percent are on private lands. Of the 537 km (334 mi) of stream proposed for designation on Federal lands, 44 percent are within designated wilderness areas. The stream segments that make up the Grande Ronde Unit are described below.
(i) The Grande Ronde River extending from its confluence with the Snake River upstream 265 km (165 mi) to Meadow Brook Creek provides key foraging, rearing, and overwintering habitat for sub-adult and adult fluvial bull trout and is an important migratory corridor. It is the primary artery that supports and links eight local populations in the Grande Ronde River and Wallowa River basins (Baxter 2002; P. Boehne, USFS, pers. comm., 2002). The Upper Grande Ronde River from the junction with Meadow Brook Creek upstream 19.3 km (12.0 mi) is utilized for spawning and rearing.
(ii) The Wenaha River from its confluence with the Grande Ronde River upstream 34.8 km (21.6 mi) to the junction of the North Fork and South Fork Wenaha River; Crooked Creek from its confluence with the Wenaha River upstream 12.4 km (7.7 mi) to the confluence with Third Creek, extending up First Creek 2.1 km (1.3 mi) to the confluence with Willow Creek, and up Third Creek 5.3 km (3.3 mi) to the
(iii) Lookingglass Creek from its confluence with the Grande Ronde River upstream 24.1 km (15.0 mi) to a barrier falls and extending up Little Lookingglass Creek to the confluence with Buzzard Creek (9.3 km (5.8 mi)), up Mottet Creek for 5.7 km (3.6 mi), and up Summer Creek for 0.6 km (0.3 mi). The Lookingglass Creek system supports a local population and bull trout spawn and rear throughout the identified stream reaches (J. Zakel, ODFW, pers. comm., 2001; D. Groat, USFS, pers. comm., 2002). Lower portions of Lookingglass Creek also provide probable foraging habitat for fluvial fish and a migratory connection to the Grande Ronde River (T. Walters, ODFW, pers. comm., 2002).
(iv) Indian Creek from its confluence with the Grande Ronde River upstream for a distance of 32.6 km (20.3 mi) and extending up two tributary streams: Camp Creek for a distance of 1.2 km (0.7 mi), and East Fork Indian Creek for a distance of 3.1 km (1.9 mi). Indian Creek currently supports a bull trout local population, with spawning and rearing occurring in the upper 15.1 km (9.4 mi) portion of Indian Creek and the identified reaches of Camp Creek and East Fork Indian Creek (Buchanan
(v) Catherine Creek from the confluence with the Grande Ronde River upstream for a distance of 81.6 km (50.7 mi) to the junction of North Fork and South Fork Catherine Creek; North Fork Catherine Creek from its mouth at Catherine Creek upstream a distance of 13.8 km (8.6 mi); Middle Fork Catherine Creek form its junction with North Fork Catherine Creek upstream 4.3 km (2.7 mi) to the confluence with Squaw Creek; South Fork Catherine Creek from its junction with Catherine Creek upstream 12.3 km (7.7 mi); Pole Creek from its mouth at South Fork Catherine Creek upstream 5.1 km (3.2 mi) to its headwaters; Sand Pass Creek from its mouth at South Fork Catherine Creek upstream 4.4 km (2.8 mi) to its headwaters; and Collins Creek from its junction with South Fork Catherine Creek upstream 3 km (1.9 mi) to its headwaters. Catherine Creek currently supports a bull trout local population, with spawning and rearing occurring in each of the identified tributary streams and the upper 24.7 km (15.3 mi) of Catherine Creek (Buchanan
(vi) Five Points Creek from its confluence with the Grande Ronde River upstream for 21.7 km (13.5 mi) and extending up Middle Fork Five Points Creek for 2.6 km (1.6 mi); Tie Creek from its confluence with Middle Fork Five Points Creek upstream 0.8 km (0.5 mi); Fiddlers Hell Creek from its junction with Middle Fork Five Points Creek upstream (0.8 mi); Mount Emily Creek from its junction with Middle Fork Five Points Creek upstream 2.1 km (1.3 mi); Fly Creek from its confluence with the Grande Ronde River upstream 13.4 km (8.3 mi) to Lookout Creek; Lookout Creek from its mouth upstream 8.5 km (5.3 mi); Sheep Creek from its confluence with the Grande Ronde River upstream 17.1 km (10.6 mi); East Fork Sheep Creek from its mouth upstream 7.4 km (4.6 mi); Chicken Creek from its confluence with Sheep Creek upstream 8.5 km (5.3 mi); Indiana Creek from its mouth at Chicken Creek upstream 3.4 km (2.1 mi); Limber Jim Creek from its confluence with the Grande Ronde River upstream 13.0 km (8.1 mi); Marion Creek form its junction with Limber Jim Creek upstream 3.4 km (2.1 mi); Clear Creek from its confluence with the Grande Ronde River upstream 11.5 km (7.1 mi); and an unnamed tributary which branches off Clear Creek at rkm 6.3 (rmi 3.9) upstream approximately 7.0 km (4.4 mi). The Grande Ronde River above Meadow Brook Creek is utilized for spawning and rearing. The lower portion of Five Points Creek provides FMO habitat. Upper sections of Five Points Creek and the identified tributary streams provide high quality spawning and rearing habitat (P. Boehne, pers. comm., 2002; J. Zakel, pers. comm., 2002) and are identified in the Draft Recovery Plan (USFWS 2002) as areas essential to the long-term conservation of the species. Fly Creek provides FMO habitat for bull trout which spawn and rear in Lookout Creek (P. Boehne, pers. comm., 2002; J. Zakel, pers. comm., 2002). Bull trout have been observed in Lookout Creek up to approximately 0.6 km (1 mi) above USFS Road 5160 (P. Boehne, pers. comm., 2002). Lower portions of Sheep Creek provide needed FMO habitat for fluvial bull trout that spawn and rear in its upper end and its identified tributaries (P. Boehne, pers. comm., 2002; J. Zakel, pers. comm., 2002). The lower portion of Limber Jim Creek provides FMO habitat up to a potentially impassable falls, and occupied spawning and rearing habitat occurs above the falls and in Marion Creek (ODFW, unpublished 2000; P. Boehne, pers. comm., 2002; J. Zakel, pers. comm., 2002). The lower portion of Clear Creek provides FMO habitat and spawning and rearing occurs in the upper portion and in the unnamed tributary (P. Boehne, pers. comm., 2002).
(vii) The Wallowa River from the confluence with the Grande Ronde River upstream for 66.6 km (41.4 mi) to the confluence of Hurricane Creek provides FMO habitat for sub-adult and adult fluvial bull trout, and is an essential migratory corridor for movement from upper watershed spawning streams to the Grande Ronde River. Fluvial fish that spawn in the Lostine, Deer, Minam, Bear, and upper Hurricane Rivers utilize the Wallowa River to move to and from foraging and overwintering habitat in the Grande Ronde and Snake Rivers (USFWS 2002).
(viii) Minam River from the confluence with the Wallowa River upstream 72.9 km (35.3 mi) and extending up the North Minam River for a distance of 2.1 km (1.3 mi), up Elk Creek for 2.6 km (1.6 mi), and up East Fork Elk Creek for 0.5 km (0.3 mi). The Minam River currently supports a bull trout local population with spawning and rearing occurring in each of the identified tributary streams and the upper 54 km (33 mi) of the Minam River (Buchanan
(ix) Little Minam River from its confluence with the Minam River upstream 23.8 km (14.7 mi) and extending up Boulder Creek for 0.7 km (0.4 mi) and up Dobbin Creek for a distance of 5.1 km (3 mi) (P. Sankovich, ODFW, pers. comm., 6/11/02). A barrier falls occurs at approximately rkm 8.0 (rmi 5.0) of the Little Minam River, effectively preventing upstream movement of fish beyond that point. An isolated, resident bull trout local population exists above the barrier falls in portions of the Little Minam River, Boulder Creek, and Dobbin Creek (Buchanan
(x) Deer Creek from the confluence with the Wallowa River upstream 25.8 km (16 mi) and extending up the tributary Sage Creek for a distance of 2.7 km (1.7 mi). Bull trout currently spawn in the upper 11 km (6.9 mi) of Deer Creek and have been observed at the mouth of Sage Creek (B. Knox, pers. comm., 2002). Sage Creek above the mouth is not known to be occupied, however, it is identified in the Draft Recovery Plan (USFWS 2002) as an area that may be essential to the long-term conservation of the species. Lower Deer Creek is FMO habitat; bull trout have been observed throughout the mainstem and fluvial fish are present. Deer Creek bull trout are considered to be part of the Minam River local population (USFWS 2002).
(xi) Bear Creek from its confluence with the Wallowa River upstream 33.6 km (20.9 mi) and extending up Little Bear Creek for a distance of 10.8 km (6.8 mi) and up Goat Creek for 1.7 km (1.1 mi). Bull trout spawn and rear in upper portions of Bear Creek, Little Bear Creek, and the identified reach of Goat Creek (B. Knox, pers. comm., 2002). Foraging and overwintering habitat is present in lower portions of Bear Creek and Little Bear Creek and fluvial bull trout have been observed in these reaches (USFWS 2002). Bull trout in the Bear Creek system are considered to be part of the Lostine River local population, so movement between these two drainages, via the Wallowa River, may be important to population viability. The lower portions of both Bear Creek and Little Bear Creek are essential to the long-term conservation of the species.
(xii) The Lostine River from its confluence with the Wallowa River upstream for 40.2 km (24.9 mi) to the mouth of the East Lostine River, and extending up Silver Creek 0.5 km (0.3 mi) to Hunter Falls and up Lake Creek for a distance of 1.2 km (0.7 mi). Bull trout spawn and rear in upper portions of the Lostine River, primarily upstream of Silver Creek, and in both Silver Creek and Lake Creek (Buchanan
(xiii) Hurricane Creek from its confluence with the Wallowa River upstream 20.1 km (12.5 mi) to Slick Rock Creek. Hurricane Creek supports a distinct local population; bull trout spawn and rear in the upper 8 km (5 mi) of the identified reach and utilize the lower portion as FMO habitat (P. Sankovich, ODFW, pers. comm.
The Imnaha/Snake Unit extends across Wallowa, Baker, and Union counties in northeastern Oregon and Adams and Idaho counties in western Idaho. The unit contains approximately 306 km (190 mi) of proposed critical habitat and consists of two CHSUs: The Imnaha River basin and the Snake River basin from the Imnaha confluence upstream to Hells Canyon Dam. Seven bull trout local populations are identified in this unit, two in the Snake River CHSU (Sheep Creek and Granite Creek), and five in the Imnaha River CHSU: (1) Mainstem Imnaha; (2) Big Sheep Creek above the Wallowa Valley Irrigation Canal (WVIC); (3) Big Sheep Creek below the WVIC; (4) Little Sheep Creek; and (5) McCully Creek. The Draft Recovery Plan (USFWS 2002) identifies all seven existing local populations as necessary for recovery, and our proposed critical habitat reflects that need. Approximately 49 percent of the unit is located on private land and 51 percent is on Federal land.
(A) Sheep Creek from its confluence with the Snake River at rkm 370.0 (rmi 292.2) upstream 9.5 km (5.0 mi) to the confluence of the West and East forks of Sheep Creek. Fluvial bull trout are known to occur in this stream reach (Idaho Department of Environmental Quality 1998).
(B) Granite Creek from its confluence with the Snake River at rkm 386.6 (rmi 240.1) upstream approximately 10.9 km (6.8 mi) provides FMO habitat (Idaho Department of Environmental Quality 1998).
(A) The Imnaha River from its confluence with the Snake River at rkm 309 (rmi 191.9) upstream approximately 115.3 km (71.6 mi) to the confluence of the North Fork Imnaha and South Fork Imnaha Rivers. Bull trout occur year-round upstream of approximately rkm 64.5 (rmi 40). In fall, winter, and spring fluvial bull trout utilize the Imnaha River below this approximate location for feeding, migration, and overwintering (Buchanan
(B) Big Sheep Creek from the confluence with the Imnaha River upstream approximately 62 km (38.4 mi) to the confluence with North Fork Big Sheep Creek and Middle Fork Big Sheep Creek; and Middle Fork big Sheep Creek form the confluence with Big Sheep Creek upstream 3.5 km (2.2 mi) to the headwaters near Bonny Lakes. Bull trout occur year-round from Owl Creek at approximately rkm 46.1 (rmi 28.6) and upstream. In fall, winter, and spring fluvial bull trout are present below this approximate location utilizing FMO habitat down to the confluence with the Imnaha River (Buchanan
(C) Little Sheep Creek from the confluence with Big Sheep Creek upstream approximately 41.7 km (25.9 mi) to where Little Sheep Creek is intercepted by the WVIC, and extending upstream from the WVIC approximately 0.9 km (0.6 mi). The reach of Little Sheep Creek below the WVIC is used as FMO habitat by fluvial bull trout during fall, winter, and spring. Spawning, rearing, and foraging occur upstream of the WVIC (Buchanan
(D) McCully Creek upstream from the WVIC approximately 10.8 km (6.7 mi) to the headwaters. This reach is used as spawning and rearing habitat (Buchanan
The Hells Canyon Complex Unit encompasses basins in Idaho and Oregon draining into the Snake River and its associated reservoirs, from Hells Canyon Dam upstream to the confluence of the Weiser River. It includes the Indian Creek and Wildhorse River basins in west-central Idaho and the Pine Creek, Powder River, and Burnt River basins in northeastern Oregon.
The Hells Canyon Complex unit includes a total of approximately 1,000 km (621 mi) of stream proposed as critical habitat and contains two CHSUs: the Pine-Indian-Wildhorse CHSU and the Powder River CHSU. The Pine-Indian-Wildhorse CHSU is located within Adams and Washington counties in western Idaho, and Baker and Wallowa counties in northeastern Oregon. A total of 390 km (242 mi) of streams within this CHSU are proposed for critical habitat designation. This CHSU contains seven known local populations of bull trout and two potential local populations. Approximate percentages of landownership associated with the streams proposed for designation are 65 percent Federal, 35 percent private, and less than 1 percent State of Idaho. The Powder River CHSU is located within Baker, Union, and Wallowa counties in northeastern Oregon. A total of approximately 610 km (379 mi) of streams within the Powder River CHSU are proposed for critical habitat designation. This CHSU contains 10 known local populations of bull trout and one potential local population. Approximate percentages of landownership associated with the streams proposed for designation are 64 percent private, 36 percent Federal, and less than 1 percent State of Oregon. The stream segments that make up the Hells Canyon Complex Unit are described below.
(A) Pine Creek from the confluence with the west bank of Hells Canyon Reservoir on the Snake River (rkm 434 (rmi 269.5)) upstream approximately 52.7 km (32.7 mi) to the joint confluence of West Fork Pine Creek and Middle Fork Pine Creek. Pine Creek provides FMO habitat in the lower reaches, as well as spawning and rearing habitat in the headwaters. North Pine Creek from the confluence with Pine Creek upstream approximately 22.3 km (13.8 mi) to the Baker and Wallowa counties boundary. North Pine Creek is currently occupied FMO habitat from the confluence with Pine Creek upstream to the confluence with Elk Creek. East Fork Pine Creek from the confluence with Pine Creek upstream approximately 7.2 km (4.5 mi) to the perennial headwaters. West Fork Pine Creek from the confluence with Pine Creek upstream approximately 3.8 km (2.4 mi) to the perennial headwaters. Middle Fork Pine Creek from the confluence with Pine Creek upstream approximately 3.7 km (2.3 mi) to the perennial headwaters. These creeks are essential for maintaining the upper Pine Creek local population, maintaining connectivity among all local populations within the Pine Creek Basin, and also maintaining connectivity to Hells Canyon Reservoir on the Snake River (USFWS 2002). The upper reach of North Pine Creek is also FMO habitat to provide connectivity essential to the long-term conservation of bull trout. (USFWS 2002).
(B) Elk Creek from the confluence with North Pine Creek upstream approximately 15.2 km (9.4 mi) to the perennial headwaters. Elk Creek provides spawning and rearing habitat for the Elk Creek local population, as well as FMO habitat for migratory bull trout from Hells Canyon Reservoir and the Indian Creek (Idaho) local population. Little Elk Creek from the confluence with North Pine Creek upstream approximately 9.9 km (6.2 mi) to the perennial headwaters. Fall Creek from the confluence with North Pine Creek upstream approximately 7.1 km (4.4 mi) to the perennial headwaters. These tributaries provide spawning, rearing, and/or foraging habitat for expansion of existing (Elk Creek) and potential (Lake Fork and Duck Creek) local populations associated with North Pine Creek. Habitat for expansion of distribution within existing local populations and establishment of potential local populations is essential for the long-term conservation of bull trout (USFWS 2002). Aspen Creek from the confluence with Elk Creek upstream approximately 2.5 km (1.6 mi) to the perennial headwaters. Cabin Creek from the confluence with Elk Creek upstream approximately 2 km (1.2 mi) to the perennial headwaters. Big Elk Creek from the confluence with Elk Creek upstream approximately 3.3 km (2.1 mi) to the perennial headwaters. Cabin, Big Elk, and Aspen creeks provide spawning and rearing habitat for the Elk Creek local population.
(C) Lake Fork Creek (also termed Lake Fork of Elk Creek or Lake Creek) from
(D) Duck Creek from the confluence with North Pine Creek upstream approximately 9.7 km (6 mi) to the perennial headwaters. Duck Creek is habitat for establishing a local population of bull trout essential for the long-term conservation of the species (USFWS 2002). Fish Creek from the confluence with Pine Creek upstream approximately 20.5 km (12.8 mi) to the perennial headwaters. This stream is historical habitat for bull trout and may provide spawning, rearing, and/or foraging habitat for expansion of existing (Elk Creek) and potential (Lake Fork and Duck Creek) local populations associated with North Pine Creek. Expansion of distribution within local populations is essential for the long-term conservation of bull trout.(USFWS 2002)
(E) East Pine Creek from the confluence with Pine Creek upstream approximately 30.1 km (18.7 mi) to the perennial headwaters. Lower East Pine Creek provides FMO habitat necessary to maintain connectivity among local populations within the Pine Creek Basin. Spawning and rearing habitat for the East Pine Creek local population occurs in the headwaters. Okanogan Creek from the confluence with East Pine Creek upstream approximately 4 km (2.5 mi) to the perennial headwaters. Trinity Creek from the confluence with East Pine Creek upstream approximately 4.8 km (3 mi) to the perennial headwaters. These creeks are historical habitat for bull trout and provide spawning and rearing habitat for expansion of existing local populations. Habitat for expansion of distribution within local populations is essential for the long-term conservation of bull trout (USFWS 2002). An unnamed western tributary to East Pine Creek (located between Trinity Creek and East Fork of East Pine Creek) from the confluence with East Pine Creek upstream approximately 2.5 km (1.6 mi) to the perennial headwaters. East Fork of East Pine Creek from the confluence with East Pine Creek upstream approximately 2.5 km (1.6 mi) to the perennial headwaters. The unnamed tributary and the East Fork of East Pine Creek provide spawning and rearing habitat for the East Pine Creek local population.
(F) Clear Creek from the confluence with Pine Creek upstream approximately 26.1 km (16.2 mi) to the perennial headwaters. Meadow Creek from the confluence with Clear Creek upstream approximately 5.3 km (3.3 mi) to the perennial headwaters. Trail Creek from the confluence with Clear Creek upstream approximately 6.8 km (4.2 mi) to the perennial headwaters. These creeks provide spawning and rearing habitat for the Clear Creek local population. Lower Clear Creek also provides FMO habitat necessary to maintain connectivity among local populations within the Pine Creek Basin.
(G) Indian Creek from the confluence with the east bank of the Snake River within the Oxbow Bypass (rkm 436.0 (rmi 270.8)) upstream approximately 29.6 km (18.4 mi) to the perennial headwaters. Camp Creek from the confluence with Indian Creek upstream approximately 3.7 km (2.3 mi) to the perennial headwaters. Indian Creek supports both resident and migratory bull trout. Lower Indian Creek provides FMO habitat to maintain connectivity with Hells Canyon Reservoir; spawning and rearing habitat is present in the headwaters of Indian Creek and Camp Creek for the Indian Creek (Idaho) local population.
(H) Bear Creek from the confluence with the Crooked River at the head of the Wildhorse River upstream approximately 30 km (18.6 mi) to the perennial headwaters. Bear Creek provides spawning and rearing habitat for the Bear Creek local population, one of only two local populations of bull trout in the Wildhorse River Basin. Lick Creek from the confluence with Bear Creek upstream approximately 21.8 km (13.6 mi) to the perennial headwaters. Current occupancy is unknown, but Lick Creek provides habitat for expansion of distribution of the Bear Creek local population; such expansion is essential for the long-term conservation of the species (USFWS 2002). Wildhorse River from the confluence with the east bank of Oxbow Reservoir on the Snake River (rkm 455 (rmi 282.6)) upstream approximately 22.4 km (13.9 mi) to the joint confluence of Bear Creek and the Crooked River. The extent of current occupancy is unknown, but bull trout have recently used the Wildhorse River as migratory habitat. The Wildhorse River provides FMO habitat and connectivity between two local populations (Bear Creek and Crooked River), which is essential to the long-term conservation of the species (USFWS 2002).
(I) Crooked River from the confluence with Bear Creek at the head of the Wildhorse River upstream approximately 23.7 km (14.7 mi) to the perennial headwaters. The Crooked River is habitat for one of only two local populations of bull trout in the Wildhorse River Basin and is essential for the long-term conservation of the species.
(A) The Powder River from confluence with the west bank of Brownlee Reservoir on the Snake River upstream approximately 235 km (146 mi) to the joint confluence of the McCully Fork and Cracker Creek. There are historical (1960s) observations of bull trout in the Powder River downstream of Baker City, Oregon, and upstream of Mason Dam (Buchanan
(B) Eagle Creek from the confluence with the Powder River Arm of Brownlee Reservoir on the Snake River upstream approximately 61 km (37.9 mi) to the perennial headwaters. East Fork Eagle Creek from the confluence with Eagle Creek upstream approximately 24.2 km (15 mi) to the perennial headwaters. West Eagle Creek from the confluence with Eagle Creek upstream approximately 15.1 km (9.4 mi) to the perennial headwaters. These creeks are historical habitat for bull trout, but the extent of current occupancy is unknown. Reestablishing a local population in the Eagle Creek watershed is essential for the conservation of bull trout (USFWS 2002).
(C) Wolf Creek from the confluence with the Powder River upstream approximately 31.6 km (19.6 mi) to the perennial headwaters. Wolf Creek provides spawning and rearing habitat for the Wolf Creek local population. When two-way fish passage at Wolf Creek Dam is restored, lower Wolf Creek will provide FMO habitat and connectivity with other local populations in the Powder River Basin, and habitat for such connectivity is essential for the conservation of bull trout (USFWS 2002).
(D) North Powder River from the confluence with the Powder River upstream approximately 75.0 km (46.6 mi) to the perennial headwaters. The North Powder River provides spawning and rearing habitat for the North Powder River local population. The lower North Powder River downstream of the
(E) Anthony Creek from the confluence with the North Powder River upstream approximately 25.8 km (16 mi) to a barrier waterfall located approximately 10 km (6.2 mi) upstream from the confluence with Indian Creek (Oregon). Anthony Creek provides spawning and/or rearing habitat for the Anthony Creek local population, identified as essential for recovery (USFWS 2002). North Fork Anthony Creek from the confluence with Anthony Creek upstream approximately 8.5 km (5.3 mi) to the perennial headwaters. North Fork Anthony Creek provides spawning and/or rearing habitat for the Anthony Creek local population.
(F) Indian Creek from the confluence with Anthony Creek upstream approximately 8.4 km (5.2 mi) to the perennial headwaters. Indian Creek provides rearing habitat for the Indian Creek local population identified as essential for recovery (USFWS 2002).
(G) Big Muddy Creek from the confluence with the Powder River upstream approximately 17.3 km (10.7 mi) to the perennial headwaters. Big Muddy Creek provides spawning and rearing habitat for the Big Muddy Creek local population of bull trout, which is essential for recovery (USFWS 2002).
(H) Rock Creek from the confluence with the Powder River upstream approximately 20.2 km (12.6 mi) to the perennial headwaters. Rock Creek provides spawning and rearing habitat for the Rock Creek local population (USFWS 2002).
(I) Salmon Creek from the confluence with the Powder River upstream approximately 19.6 km (2.2 mi) to the perennial headwaters. Salmon Creek provides spawning and rearing habitat for the essential Salmon Creek local population.
(J) Pine Creek from the confluence with Salmon Creek upstream approximately 16.9 km (10.5 mi) to Pine Creek Dam. Pine Creek provides spawning and rearing habitat for the Pine Creek local population, which is essential for recovery (USFWS 2002).
(K) Lake Creek from the confluence with Deer Creek upstream to the perennial headwaters. Lake Creek provides spawning and rearing habitat for the Lake Creek local population, which is essential for recovery (USFWS 2002). Deer Creek from the confluence with the north bank of Phillips Reservoir on the Powder River upstream approximately 9.2 km (5.7 mi) to the confluence with Lake Creek. Current occupancy is unknown, but Deer Creek is essential to provide FMO habitat for the Lake Creek local population and connectivity with other bull trout populations in the Powder River Basin (USFWS 2002).
(L) Cracker Creek from the confluence with the McCully Fork at the head of the Powder River upstream approximately 13.6 km (8.4 mi) to the perennial headwaters. Cracker Creek provides connectivity for bull trout in two tributaries (Silver and Little Cracker creeks) within the upper Powder River local population, and with other local populations within the Powder River Basin via lower Cracker Creek. Silver Creek from the confluence with Cracker Creek upstream approximately 9.8 km (6.1 mi) to the perennial headwaters. Silver Creek provides spawning and rearing habitat for the upper Powder River local population. Fruit Creek from the confluence with Silver Creek upstream approximately 7.3 km (4.5 mi) to the perennial headwaters. Fruit Creek is historical bull trout habitat, but current occupancy is unknown. Passage barriers in Fruit Creek are identified as recovery tasks in the Draft Recovery Plan (USFWS 2002), which will allow for potential natural expansion of distribution within the upper Powder River local population. Fruit Creek is also being considered as a site for transplanting bull trout to help provide for the long-term conservation of the species. Little Cracker Creek from the confluence with Cracker Creek upstream approximately 3.1 km (1.9 mi) to the perennial headwaters. Little Cracker Creek currently provides bull trout rearing habitat for the upper Powder River local population.
The Malheur Unit is in the Malheur River Basin in eastern Oregon in Grant, Baker, Harney, and Malheur counties. A total of 389 km (241 mi) of streams and two reservoirs are proposed for critical habitat. Landownership along the waterways proposed for critical habitat are approximately 63 percent Federal land, 3 percent State land, and 34 percent private land. There are two local bull trout populations (upper Malheur (a) and North Fork Malheur (b)), and four potential local populations (Bosonberg Creek, McCoy Creek, Corral Basin Creek, and the Little Malheur River) that are identified as essential to recovery in the Draft Recovery Plan (USFWS 2002).
(i) Malheur River upstream 95.6 km (59.4 mi) from Warm Springs Dam, including Warm Springs Reservoir (1,658 ha; 4,098 ac), to the confluence with Big Creek at rkm 229 in Logan Valley provides FMO habitat for bull trout which migrate downstream from spawning and rearing habitat in the Logan Valley area (USFWS 2002).
(ii) The North Fork Malheur River from Agency Valley Dam upstream 36.5 km (22.7 mi) to the headwaters, including Beulah Reservoir (712 ha; 1,759 ac), provides FMO habitat below rkm 69 and spawning and rearing habitat above that point (Burns Paiute Tribe 1998-2000). Sheep Creek from the confluence with North Fork Malheur River at rkm 83.2 upstream 6.7 km (4.2 mi) to its source provides spawning and rearing habitat (Buchanan
(iii) The Little Malheur River from its confluence with the North Fork Malheur River upstream 31.2 km (19.4 mi) to Camp Creek provides potential FMO habitat in the lower reaches and potential spawning and rearing habitat in the upper reaches. Crane Creek from its confluence with the North Fork Malheur River at rkm 69.5 upstream 1.8 km (1.1 mi) to the confluence with Little Crane Creek contains suitable migratory and rearing habitat (Burns Paiute Tribe 1998, 1999). Little Crane Creek from the confluence with Crane Creek upstream 15.2 km (9.4 mi) to its spring fed sources provides suitable spawning and rearing habitat (Buchanan
(iv) Summit Creek from the confluence with the Malheur River at rkm 292.0 upstream 22.8 km (14.2 mi) to its source; Big Creek from the confluence with the Malheur River at rkm 299.0 upstream 19.0 km (11.8 mi) to its source; Meadow Fork Big Creek from the confluence with Big Creek at rkm 9.8 upstream 6.7 km (4.2 mi) to its source; Snowshoe Creek from the confluence with Big Creek at rkm 11.7 upstream 3.4 km (2.1 mi) to its source; Lake Creek from the confluence with the Malheur River at rkm 299.0 upstream 20.3 km (12.6 mi) to its source; and Crooked Creek from the confluence with Lake Creek at rkm 1.2 upstream 13.5 km (8.4 mi) to its source provide spawning and rearing habitat for the upper Malheur River local population (Buchanan
(v) McCoy Creek from the confluence with Lake Creek at rkm 4.0 upstream 14.6 km (9.1 mi) to its source contains potential spawning and rearing habitat. McCoy Creek is identified as an area for range expansion in the Draft Recovery Plan, and is essential for the long-term conservation of the species (USFWS 2002).
(vi) Bosonberg Creek from the confluence with the Malheur River at rkm 298.0 upstream 5.8 km (3.6 mi) to its source contains potential habitat for bull trout. Restoration of the habitat in Bosonberg Creek to provide for population expansion is essential to the long-term conservation of the species (USFWS 2002).
(vii) Corral Basin Creek from the confluence with Big Creek at rkm 8.3 (rmi 5.2) upstream to its source is historic habitat necessary to provide for population expansion that is essential to the conservation of the species (USFWS 2002).
The Coeur d'Alene Lake CHSU lies within Kootenai, Shoshone, Benewah and Bonner counties, Idaho. Landownership along stream proposed as critical habitat for bull trout include approximately 63 percent Federal, 30 percent private, and 6 percent State. The stream reaches proposed as designated critical habitat were identified by the Coeur d'Alene Lake Basin Recovery Unit Team as the best of the best remaining suitable habitats within a matrix of habitats generally considered unsuitable for support of spawning and rearing bull trout (USFS, unpublished 1994, 1998a, 1998b). The areas proposed as critical habitat all presently contain multiple primary constituent elements and reflect habitat essential to support populations of bull trout identified as necessary for the long-term conservation of bull trout (USFWS 2002). In total, there are approximately 6,903 km (4,290 mi) of streams comprising 502 named streams in the Coeur d'Alene Lake basin. Of this, 30 stream reaches or tributaries comprising 677 km (421 mi) are proposed as critical habitat. This equals approximately 6 percent of all streams and less than 10 percent of total stream length in the basin. Lakes comprising 12,727 ha (31,450 ac) of surface area are also being proposed as critical habitat.
(A) Coeur d'Alene Lake, approximately 12,727 ha (31,450 ac) in size, provides FMO habitat for the almost entirely migratory (adfluvial and fluvial) forms present in this CHSU.
(B) Coeur d'Alene River from the mouth upstream 59.4 km (36.9 mi) to the confluence of the North Fork and South Fork of the Coeur d'Alene River provides FMO habitat necessary for the conservation of the species (USFWS 2002). Any adfluvial bull trout that either currently exist, or those local populations of bull trout to be reestablished in the future in portions of the North Fork Coeur d'Alene River, would migrate through this section of river. North Fork Coeur d'Alene River, from its confluence with the South Fork Coeur d'Alene River upstream 140.2 km (87.1 mi) to the headwaters, is FMO habitat necessary for the long-term conservation of the species. (
(C) Cougar Creek from the confluence with the North Fork Coeur d'Alene River upstream 15.3 km (9.5 mi) provides spawning and rearing habitat to provide for the recovered distribution of bull trout (USFWS 2002). This portion of Cougar Creek has been identified as a priority stream for restoration and recovery activities as it has been determined to provide habitat elements necessary for long term security, or have a reasonable potential to be restored and provide elements for long-term security of bull trout in the near future. This watershed maintains good populations of westslope cutthroat trout, as well as sculpin species, indicative of potential bull trout habitat (USFS 1992, 1998a; E. Lider, USFS, pers. comm., 2002).
(D) Steamboat Creek (including the East and West Forks) from the confluence with the North Fork Coeur d'Alene River upstream 25.4 km (15.8 mi) to the headwaters provides spawning and rearing habitat essential for the conservation of the species. This portion of Steamboat Creek has been identified as a priority stream for restoration and recovery activities (USFWS 2002) as it has been determined to provide habitat elements necessary for long term security or have a reasonable potential to be restored and provide elements for long-term security of bull trout in the near future. This area maintains good populations of westslope cutthroat trout (
(E) Prichard Creek from the confluence with the North Fork Coeur d'Alene River upstream 4.7 km (2.9 mi) to the confluence with Eagle Creek contains FMO habitat. This reach is considered a priority water body for restoration and recovery activities as it is essential as a migratory corridor for adfluvial bull trout, and to maintain connectivity between all local populations within Coeur d'Alene Lake basin to provide for conservation of the species (USFWS 2002).
(F) Eagle Creek from the confluence with Prichard Creek upstream 1.6 km (1.0 mi) to the confluence with the West Fork Eagle Creek provides FMO habitat. This portion of Eagle Creek has been identified as a priority water body for restoration and recovery activities as it is essential as a migratory corridor for adfluvial bull trout, and to maintain connectivity between all local populations within Coeur d'Alene Lake basin (USFWS 2002). Any adfluvial bull trout that would utilize the West Fork Eagle Creek for spawning and rearing would have to migrate through this short section of Eagle Creek. West Fork Eagle Creek from the confluence with Eagle Creek upstream 15.0 km (9.3 mi) to the headwaters provides spawning and rearing habitat. This portion of the West Fork Eagle Creek has been identified as a priority stream for restoration and recovery activities as it has been determined to provide habitat elements necessary for long term
(G) Tepee Creek from the confluence with the North Fork Coeur d'Alene River upstream 14.2 km (8.8 mi) to the confluence with Trail Creek contains FMO habitat. This portion of Tepee Creek, and the associated tributaries discussed below, have been identified as priority water bodies for restoration activities necessary as migratory corridors for adfluvial bull trout, to maintain connectivity between all local populations within Coeur d'Alene Lake basin, and to provide spawning and rearing habitat, all of which are essential to the conservation of the species (USFWS 2002). Tepee Creek has a variety of stream habitat types (size, flow, complexity) that appear to provide fish with diverse habitat that will allow for long term persistence within the watershed. Previous habitat restoration activities have created larger and deeper pools and runs in several reaches of this stream (E. Lider, USFS, pers. comm., 2002). Independence Creek from the confluence with Tepee Creek upstream 25.0 km (15.5 mi) to the headwaters provides FMO habitat in the lower reaches, and spawning and rearing habitat in the upper reaches. This watershed is especially valuable within the Coeur d'Alene River basin to provide refugia essential to the conservation of bull trout (USFS 1998a). Trail Creek from the confluence with Tepee Creek upstream 10.0 km (6.2 mi) to the headwaters contains spawning and rearing habitat. In order to meet the recovery criteria of reestablishing at least 300 spawners within the North Fork Coeur d'Alene CHSU essential to the conservation of the species, previously occupied and currently suitable habitat such as that in Trail Creek needs to be maintained, and if possible, enhanced to provide additional areas of spawning and rearing.
(H) Buckskin Creek from the confluence with the North Fork Coeur d'Alene River upstream 6.9 km (4.3 mi) to the headwaters provides spawning and rearing habitat. This portion of Buckskin Creek has been identified as a priority stream for restoration and recovery activities as it has been determined to provide habitat elements necessary for long term security, or have a reasonable potential to be restored and provide elements for conservation of bull trout in the near future (USFWS 2002). Forage base for bull trout is abundant as the population of westslope cutthroat trout in Buckskin Creek is very healthy, and had some of the highest densities relative to over 70 other streams that were surveyed in 1994 and 1995 throughout the Coeur d'Alene River basin (Dunnigan 1997). Stream habitat in Buckskin Creek is very good as very little management has occurred within the watershed (E. Lider, USFS, pers. comm., 2002).
The St. Joe River CHSU includes an estimated 3,574 km (2,221 mi) of streams encompassing over 254 named tributaries (Streamnet 2002) in Shoshone, Benewah, and Latah counties, Idaho. The high elevation and cold water temperatures inherent to this area results in natural conditions that favor bull trout persistence (PBTTAT 1998c). In addition, the processes within the upper portion of this CHSU have been minimally altered by human management actions. Landownership adjacent to aquatic areas proposed as critical habitat for bull trout include approximately 52 percent Federal, 41 percent private, and 7 percent State lands.
The Coeur d'Alene Lake Basin Recovery Unit Team established recovery criteria of reestablishing at least eight local populations in the St. Joe River CHSU with an average of 100 spawners annually per local population. The streams identified below either currently provide habitat elements necessary for long term security, or have a reasonable potential to be restored and provide elements for long-term security of bull trout in the near future. Proposed critical habitat reflects those areas necessary to support populations of bull trout identified as necessary to provide for the long-term conservation of bull trout in the Draft Recovery Plan (USFWS 2002).
(A) The lower St. Joe River from the confluence with Coeur d'Alene Lake upstream 156.4 km (97.2 mi) to the confluence with Simmons Creek provides FMO habitat. Mainstem channel habitat conditions are essential to the long term viability of bull trout due to the over-wintering habits of these migratory fish. Adult migratory bull trout from Coeur d'Alene Lake travel upstream through these lower mainstem reaches in the spring and early summer to natal streams, where they typically spawn during the first few weeks of September (Idaho Department of Fish and Game (IDFG), unpublished 1999), and then return downstream. Upper St. Joe River from the confluence of Simmons Creek upstream 71.8 km (44.6 mi) to Rambikur Falls (just below St. Joe Lake) provides spawning, rearing, and FMO habitat. This portion of upper St. Joe River, and the associated streams described below, has been identified as a priority area for restoration and recovery activities (USFWS 2002). Bull trout are currently known to spawn and rear within this portion of the St. Joe River basin.
(B) Eagle Creek from the confluence with the St. Joe River upstream 10.6 km (6.6 mi) to the headwaters provides, at a minimum, foraging habitat. Additionally, Eagle Creek and the associated streams described below have been identified as priority streams for restoration and recovery activities (USFWS 2002) with many of the habitat characteristics that are essential to the conservation of bull trout (USFS 1998b). Mosquito Creek from the confluence with the St. Joe River upstream 2.1 km (1.3 mi) to a barrier falls provides spawning and rearing habitat. This portion of Mosquito Creek has been identified as a priority stream for restoration and recovery activities and is essential to the conservation of bull trout (USFWS 2002). Gold Creek from the confluence with the St. Joe River upstream 15.4 km (9.6 mi) to the headwaters provides spawning and rearing habitat. Simmons Creek from the confluence with the St. Joe River upstream 18.7 km (11.6) mi to the headwaters contains spawning and rearing habitat.
(C) Fly Creek from the confluence with the St. Joe River upstream 9.8 km (6.1 mi) to its headwaters at Twin Lakes contains spawning and rearing habitat. Beaver Creek from the confluence with the St. Joe River upstream 10.6 km (6.6 mi) to its headwaters contains spawning and rearing habitat. Red Ives Creek from the confluence with the St. Joe River upstream 9.2 km (5.7 mi) to the headwaters provides spawning and rearing habitat. Adult bull trout implanted with radio transmitters have been tracked into Red Ives Creek, presumably to spawn. Surveys have documented bull trout of various age classes as well as redds in this stream (USFS 1993).
(D) Timber Creek from the confluence with the St. Joe River upstream 8.5 km (5.3 mi) to the headwaters contains spawning and rearing habitat. Surveys have documented spawning and bull trout of various age classes in this stream. Ruby Creek from the confluence
(E) Heller Creek from the confluence with the St. Joe River upstream 6.0 km (3.7 mi) to the headwaters provides documented spawning and rearing habitat. Sherlock Creek from the confluence with Heller Creek upstream 7.4 km (4.6 mi) to the headwaters provides spawning and rearing habitat. Yankee Bar Creek from the confluence with the St. Joe River upstream 3.2 km (2.0 mi) to the headwaters contains spawning and rearing habitat.
(F) California Creek from the confluence with the St. Joe River upstream 4.7 km (2.9 mi) to the headwaters contains spawning and rearing habitat. Medicine Creek from the confluence with the St. Joe River upstream 4.7 km (2.9 mi) to the headwaters provides habitat where bull trout are known to spawn. Wisdom Creek from the confluence with the St. Joe River upstream 6.1 km (3.8 mi) to the headwaters provides habitat where bull trout are currently known to spawn and rear. A steep cascade, which was believed to form a barrier to migratory fish, occurs at approximately rkm 4.0 (rmi 2.2). However, during redd surveys in 2001, multiple redds and bull trout were documented above the cascade (J. Dupont, IDFG, pers. comm., 2002).
The Clearwater River Unit includes 3,063 km (1,904 mi) of streams and 6,722 ha (16,611 ac) of lakes proposed to be designated as critical habitat for bull trout within the Clearwater River basin in north-central Idaho. This large basin covers an area of approximately 2,423,691 ha (5,989,052 ac) and extends from the Snake River confluence at Lewiston on the west to headwaters in the Bitterroot Mountains along the Idaho/Montana border on the east. This unit is divided into seven CHSUs. These CHSUs include: Lower/Middle Fork Clearwater River, North Fork Clearwater River, Fish Lake (North Fork), South Fork Clearwater River, Lochsa River, Fish Lake (Lochsa), and Selway River. Habitat areas to support all local populations within this unit are essential to the conservation of bull trout (USFWS 2002).
The Lower/Middle Fork Clearwater River CHSU lies within a drainage basin of approximately 660,012 ha (1,630,919 ac) that includes the mainstem and Middle Fork of the Clearwater River, plus all watersheds tributary to these large channels except for the North Fork Clearwater above Dworshak Dam and the South Fork Clearwater, Lochsa and Selway drainages. Located within Idaho's Nez Perce, Latah, Lewis, Clearwater, and Idaho counties, the basin has a diverse mix of private (76 percent), Federal (14 percent), State (8 percent), and Nez Perce Tribal (2 percent) ownership. The Lower/Middle Fork Clearwater River CHSU includes 293.7 km (182.6 mi) of streams proposed to be designated as critical habitat.
(A) The Clearwater River from its confluence with the Snake River upstream 119.5 km (74.3 mi) to the confluence with the South Fork Clearwater River, the Middle Fork Clearwater River from the confluence with the South Fork upstream 36.8 km (22.9 mi) to its origin at the confluence of the Lochsa River and Selway River, provide FMO habitat (Clearwater Basin Bull Trout Technical Advisory Team (CBBTTAT) 1998a,b). They also provide functional migratory corridors that may allow fluvial bull trout to move between local populations within and outside this CHSU. The North Fork Clearwater River from its confluence with the Clearwater River upstream 2.6 km (1.6 mi) to the base of Dworshak Dam provides important thermal refuge during summer.
(B) Lolo Creek from its confluence with the Clearwater River upstream 72.9 km (45.3 mi) to the headwaters provides rearing and migratory habitat (CBBTTAT 1998a; USFS 1999a).
(C) Clear Creek from its confluence with the Middle Fork Clearwater River upstream 34.7 km (21.5 mi) to the headwaters is occupied habitat (CBBTTAT 1998d), Middle Fork Clear Creek from its mouth upstream 10.8 km (6.7 mi) to the headwaters, and South Fork Clear Creek from its mouth upstream 15.9 km (9.9 mi) to the headwaters are areas where occupancy is unknown. These areas are essential to maintaining the existing bull trout distribution, and to expand habitat as essential for the conservation of bull trout (USFWS 2002).
The North Fork Clearwater River CHSU lies within a drainage basin of approximately 632,348 ha (1,562,561 ac) that includes the entire North Fork Clearwater River system above Dworshak Dam, excluding the small portion of the Lake Creek drainage upstream of Japanese Creek. Located within Clearwater, Idaho, and Shoshone counties, the basin landownership is a mixture of Federal (67 percent), State (12 percent), and private (21.0 percent). The areas proposed for designation as critical habitat in this CHSU include a total of 918.9 km (571.1 mi) of streams, and the full 6,656 ha (16,441 ac) pool of Dworshak Reservoir.
(A) Dworshak Reservoir (6,656 ha (16,441 ac)), the North Fork Clearwater River from the head of the reservoir upstream 164.8 km (102.4 mi) to Kelly Forks, Freeman Creek from the confluence with Dworshak Reservoir upstream 2.5 km (1.6 mi) to an unnamed tributary, Breakfast Creek from its confluence with Little North Fork Clearwater River upstream 6.1 km (3.8 mi) to the mouth of Stony Creek, and Stony Creek from its mouth upstream 5.9 km (3.7 mi) to the mouth of Glover Creek provide FMO habitat for upstream bull trout populations. Floodwood Creek from its confluence with Breakfast Creek upstream 21.8 km (13.6 mi) to an unnamed tributary provides FMO habitat (D. Schiff, IDFG, pers. comm., 2002), and West Fork Floodwood Creek from its mouth upstream 6.7 km (4.2 mi) to an unnamed tributary provides rearing habitat (CBBTTAT 1998c).
(B) The Little North Fork Clearwater River from Dworshak Reservoir upstream 72.5 km (45.1 mi) to a gradient break near the headwaters provides FMO and rearing habitat (CBBTTAT 1998c). Sawtooth Creek from its confluence with the Little North Fork Clearwater River upstream 13.4 km (8.3 mi) to an unnamed tributary is historic habitat (USFS 1935) and is adjacent to habitat known to be occupied, and provides habitat necessary for the recovered distribution of bull trout (Skille 1991; USFWS 2002). Canyon Creek from its confluence with the Little North Fork Clearwater River upstream 15.5 km (9.7 mi) to an unnamed tributary is occupied habitat (D. Schiff, IDFG, pers. comm., 2002). Montana Creek from its confluence with the Little North Fork Clearwater River upstream 5.5 km (3.4 mi) to an unnamed tributary provides spawning and rearing habitat (CBBTTAT 1998c). Butte Creek from its confluence with the Little North Fork Clearwater River upstream 3.0 km (1.8 mi) to an unnamed tributary provides spawning and rearing habitat (D. Schiff, IDFG, pers. comm., 2002). Rutledge Creek from its confluence with the Little North Fork Clearwater River upstream 5.2 km (3.2 mi) to an unnamed tributary; Jungle Creek from its confluence with the Little North Fork Clearwater River upstream 4.3 km (2.7 mi) to an unnamed tributary; Adair Creek from its confluence with the Little North Fork Clearwater River upstream 4.7 km (2.9
(C) Isabella Creek from its confluence with the North Fork Clearwater River upstream 11.6 km (7.2 mi) to the confluence with Falls Creek is occupied rearing habitat (Platts
(D) Beaver Creek from its confluence with the North Fork Clearwater River upstream 4.2 km (2.6 mi) to Sourdough Creek is occupied habitat of unknown usage (D. Schiff, IDFG, pers. comm., 2002). Sneak Creek from its confluence with the North Fork Clearwater River upstream 0.3 km (0.2 mi) to a barrier falls provides spawning and rearing habitat (CBBTTAT 1998c).
(E) Skull Creek from its confluence with the North Fork Clearwater River upstream 24.3 km (15.1 mi) to the headwaters, and Collins Creek from its confluence with Skull Creek upstream 16.2 km (10.0 mi) to a gradient break near the headwaters provide spawning and rearing habitat (CBBTTAT 1998c; E. Kee, pers. comm., 2002). Roaring Creek from its confluence with Skull Creek upstream 4.3 km (2.7 mi) to Frost Creek is of unknown occupancy (
(F) Quartz Creek from its confluence with the North Fork Clearwater River upstream 19.7 km (12.2 mi) to Henry Creek provides rearing and migratory habitat (CBBTTAT 1998c; D. Schiff, IDFG, pers. comm., 2002).
(G) Rock Creek from its confluence with the North Fork Clearwater River upstream 10.2 km (6.2 mi) to the abandoned road crossing at approximately rkm 10.2 (rmi 6.2), and Lightning Creek from its confluence with Rock Creek upstream 0.8 km (0.5 mi) to an unnamed tributary provide occupied habitat of unknown usage (CBBTTAT 1998c).
(H) Four streams entering the North Fork Clearwater River between Rock Creek and Weitas Creek including Larson Creek from its mouth upstream 1.0 km (0.6 mi) to an unnamed tributary; Little Washington Creek from its mouth upstream 1.7 km (1.1 mi) to Swanson Creek; Washington Creek from its mouth upstream 2.3 km (1.4 mi) to a potential migration barrier; and Orogrande Creek from its mouth upstream 1.6 km (1.0 mi) to a potential migration barrier are likely to be at least seasonally occupied (CBBTTAT 1998c) and provide habitat necessary for the recovered distribution of bull trout (USFWS 2002).
(I) Weitas Creek from its confluence with the North Fork Clearwater River upstream 43.0 km (26.7 mi) to a gradient break near the headwaters provides FMO habitat in the lower reaches and spawning and rearing habitat in the upper reaches. Johnny Creek from its confluence with Weitas Creek upstream 7.2 km (4.5 mi) to a barrier falls provides FMO habitat (D. Weigel, pers. comm., 2002) and possibly spawning and rearing habitat in the upper reaches (E. Kee, pers. comm., 2002). Middle Creek from its confluence with Weitas Creek upstream 15.5 km (9.7 mi) to Beaver Dam Creek, and Little Weitas Creek from its confluence with Weitas Creek upstream 3.8 km (2.4 mi) to Middle Ridge Creek are likely to be at least seasonally occupied (CBBTTAT 1998c) and provide habitat necessary for the recovered distribution of bull trout (USFWS 2002). Johnagan Creek from its confluence with Weitas Creek upstream 4.4 km (2.7 mi) to an unnamed tributary (E. Kee, pers. comm., 2002), Windy Creek from its confluence with Weitas Creek upstream 13.2 km (8.2 mi) to the headwaters (D. Weigel, pers. comm., 2002; CBI 2000), and Liz Creek from its confluence with Weitas Creek upstream 6.2 km (3.8 mi) to the headwaters (D. Weigel, pers. comm., 2002) provide rearing habitat. Corral Creek from its confluence with Weitas Creek upstream 7.1 km (4.4 mi) to the headwaters, and Fro Creek from its confluence with Weitas Creek upstream 1.9 km (1.2 mi) to Bald Mountain Lake Creek are likely to be at least seasonally occupied (P. Murphy, USFS, pers. comm., 2002) and provide habitat necessary for the recovered distribution of bull trout (USFWS 2002).
(J) Death Creek from its confluence with the North Fork Clearwater River upstream 1.0 km (0.6 mi) to a break in channel gradient, Fisher Creek from its confluence with the North Fork Clearwater River upstream 1.2 km (0.7 mi) to a break in channel gradient, and Trail Creek from its confluence with the North Fork Clearwater River upstream 1.8 km (1.1 mi) to an unnamed tributary are likely to be at least seasonally occupied (CBBTTAT 1998c), provide seasonal thermal refuge, and provide habitat necessary for the recovered distribution of bull trout (USFWS 2002).
(K) Fourth of July Creek from its confluence with the North Fork Clearwater River upstream 21.7 km (13.5 mi) to the headwaters is occupied (Platts
(L) Cold Springs Creek from the confluence with the North Fork Clearwater River upstream to a break in channel gradient at km 4.7 (mi 2.9), and Cool Creek from its confluence with the North Fork Clearwater River upstream 1.2 km (0.8 mi) to an unnamed tributary provide habitat necessary to support additional populations of bull trout identified as essential to the conservation of bull trout (USFWS 2002).
(M) Kelly Creek. from the confluence with the North Fork Clearwater River upstream 41.3 km (25.6 mi) to North Fork Kelly Creek provides migratory habitat in the lower reaches (D. Schiff, IDFG, pers. comm., 2002), and spawning and rearing habitat in the upper reaches (CBBTTAT 1998c). Junction Creek from its confluence with Kelly Creek upstream to an unnamed tributary at km 2.7 (mi 1.7), and Barnard Creek from its confluence with Kelly Creek upstream 8.3 km (5.2 mi) to the headwaters are likely to be at least seasonally occupied (P. Murphy, pers. comm., 2002) and
(N) Moose Creek from its confluence with Kelly Creek upstream 15.9 km (9.5 mi) to a gradient break near the headwaters (D. Schiff, IDFG, pers. comm., 2002; CBBTTAT 1998c) and its tributaries Ruby Creek from its mouth upstream 2.7 km (1.7 mi) to a break in channel gradient (CBI 1999), Little Moose Creek from its mouth upstream 16.2 km (10.0 mi) to a break in channel gradient near section line 25/26 (D. Schiff, IDFG, pers. comm., 2002), Osier Creek from the mouth upstream 13.0 km (8.1 mi) to the headwaters (D. Schiff, IDFG, pers. comm., 2002), and Swamp Creek from its confluence with Osier Creek upstream 8.7 km (5.4 mi) to an unnamed tributary provide migratory and spawning and rearing habitat. Sugar Creek from its confluence with Moose Creek upstream 6.4 km (4.0 mi) to the headwaters provides habitat necessary for the expansion of bull trout populations that are essential for conservation of the species (USFWS 2002). Pollock Creek from its confluence with Swamp Creek upstream to a barrier falls near rkm 2.7 (rmi 1.7) contains excellent habitat necessary to support the recovered distribution of bull trout (C. Huntington, CBI, pers. comm., 2002; USFWS 2002).
(O) Cayuse Creek from its confluence with Kelly Creek upstream 52.7 km (32.8 mi) to a break in channel gradient near the headwaters provides rearing habitat (CBBTTAT 1998c). Toboggan Creek from its confluence with Cayuse Creek upstream 13.0 km (8.0 mi) to an unnamed tributary (Platts
(P) North Fork Clearwater River from Kelly Forks at rkm 164.8 (rmi 102.4) upstream 47.8 km (29.7 mi) to the headwaters provides FMO habitat. Pete Ott Creek from its confluence with the North Fork Clearwater River upstream 0.7 km (0.5 mi) to an unnamed tributary, and Elizabeth Creek from its confluence with the North Fork Clearwater River upstream 1.2 km (0.7 mi) to an unnamed tributary provide FMO habitat (Platts
The Fish Lake (North Fork) CHSU lies within a small headwater basin of approximately 1,433 ha (3,541 ac) that is situated upstream of Japanese Creek in the Lake Creek drainage of the North Fork Clearwater River system. Located in Clearwater County and entirely within the Clearwater National Forest, the basin is dominated by Fish Lake, the largest mountain lake in north-central Idaho.
(A) Lake Creek (a tributary to the North Fork Clearwater River) from Fish Lake downstream 6.1 km (3.8 mi) to Japanese Creek provides spawning and rearing habitat (CBBTTAT 1998c; D. Weigel, pers. comm., 2002). Fish Lake (47 ha (16 ac) in size) provides FMO habitat. Four unnamed and unmapped inlets that enter Fish Lake on the eastern end of the lake, and a fifth unnamed inlet on the north side from their confluence with Fish Lake upstream to their source(s) provide spawning and rearing habitat (USFWS 2002).
The South Fork Clearwater River CHSU lies within a drainage basin of approximately 304,516 ha (752,474 ac) that includes the entire stream network of the South Fork Clearwater River located within Idaho and Nez Perce counties. Landownership in the basin is a mixture of Federal (70 percent), private (30 percent), State (less than 1 percent), and Tribal (less than 1 percent), with private lands dominant in the lower portion of the area. However, streams proposed for critical habitat designation are primarily associated with Federal lands. Of 522.7 km (324.8 mi) of streams proposed for designation as critical bull trout habitat, 85 percent are on Federal land, less than 1 percent on State land, less than 1 percent on Tribal land, and 15 percent on private lands.
(A) The South Fork Clearwater River from its mouth on the mainstem Clearwater River upstream 100.3 km (62.3 mi) to its origin at the confluence of the Red River and the American River provides FMO habitat (CBBTTAT 1998d). It also provides a migratory corridor that allows fluvial bull trout to move between local populations within this CHSU and provides the opportunity for genetic exchange between local populations.
(B) Mill Creek from its confluence with the South Fork Clearwater River upstream 13.6 km (8.5 mi) to Merton Creek, and Merton Creek from its mouth upstream 1.6 km (1.0 mi) to an unnamed tributary provide rearing habitat (W. Paradis, USFS, pers. comm., 2002) as well as habitat essential to the conservation of bull trout (USFWS 2002).
(C) Johns Creek from its confluence with the South Fork Clearwater River upstream approximately 30.9 km (19.3 mi) to a gradient break near the headwaters; Gospel Creek from its confluence with Johns Creek upstream 3.1 km (2.0 mi) to Moores Lake Creek; Moores Lake Creek from its confluence with Gospel Creek upstream 3.4 km (2.1 mi) to the USFS Trail 305 crossing; Open Creek from its confluence with Johns Creek upstream 1.5 km (0.9 mi) to a break in channel gradient; Moores Creek from its confluence with Johns Creek upstream 8.2 km (5.1 mi) to a barrier; Twin Lakes Creek from its confluence with Johns Creek upstream 1.9 km (1.5 mi) to Hagen Creek; Hagen Creek from its mouth upstream to an unnamed tributary at rkm 2.3 (rmi 1.5); and Taylor Creek from its confluence with Johns Creek upstream 2.7 km (1.7 mi) to an unnamed tributary provide spawning and rearing habitat (Spangler 1997; CBBTTAT 1998d).
(D) Silver Creek from its confluence with the South Fork Clearwater River upstream 0.2 km (0.1 mi) to a barrier falls; Wing Creek from its confluence with the South Fork Clearwater River upstream 0.3 km (0.2 mi) to a barrier falls; and Twentymile Creek from its confluence with the South Fork Clearwater upstream 0.2 km (0.1 mi) to a barrier falls are positioned between bull trout strongholds in Johns Creek (see above) and Tenmile Creek (see below) and provides foraging and thermal refuge habitat (USFS 1999b).
(E) Tenmile Creek from the confluence with the South Fork Clearwater River upstream 22.6 km (14.0 mi) to a break in channel gradient above Wiseboy Creek; Sixmile Creek from its confluence with Tenmile Creek upstream 1.4 km (0.9 mi) to a barrier falls; Williams Creek from its confluence with Tenmile Creek upstream 8.4 km (5.2 mi) to the headwaters; and Wiseboy Creek from its confluence with Tenmile Creek upstream 0.9 km (0.6 mi) to an unnamed tributary provide spawning and rearing habitat (Spangler 1997; CBBTTAT 1998d; (W. Paradis, USFS, pers. comm., 2002; D. Mays, USFS, pers. comm., 2002).
(F) Buckhorn Creek from its confluence with the South Fork Clearwater River upstream 0.3 km (0.2 mi) to an unnamed tributary foraging and thermal refuge habitat (D. Mays, USFS, pers. comm., 2002).
(G) Newsome Creek from its confluence with the South Fork Clearwater River upstream 25.2 km (15.7 mi) to the headwaters; West Fork Newsome Creek from its confluence with Newsome Creek upstream 8.0 km (5.0 mi) to a migration barrier; and Bear Creek from its confluence with Newsome Creek upstream 2.7 km (1.6 mi) to an unnamed tributary provide spawning and/or rearing habitat (D. Mays, USFS, pers. comm., 2002; CBBTTAT 1998d). Beaver Creek from its confluence with Newsome Creek upstream 8.0 km (5.0 mi) to the headwaters is suspected to provide spawning and rearing habitat (CBBTTAT 1998d) and is essential to the conservation of bull trout (USFWS 2002). Pilot Creek from its confluence with Newsome Creek upstream 9.6 km (5.9 mi) to the headwaters; an unnamed Pilot Creek tributary from its mouth upstream 1.3 km (0.8 mi) to another unnamed tributary; a second unnamed Pilot Creek tributary from its mouth upstream 0.6 km (0.4 mi) to a gradient break near the headwaters; Baldy Creek from its confluence with Newsome Creek upstream 6.0 km (3.8 mi) to an unnamed tributary; and Mule Creek from its confluence with Newsome Creek upstream 0.9 km (0.6 mi) to an unnamed tributary provide spawning and rearing habitat (CBBTTAT 1998d; IDFG, unpublished 2001; D. Mays, USFS, pers. comm., 2002).
(H) Crooked River from its confluence with the South Fork Clearwater River upstream 18.8 km (11.7 mi) to the confluence of the East and West Forks; Relief Creek from its confluence with the West Fork Crooked River upstream 2.2 km (1.3 mi) to East Fork Relief Creek; West Fork Crooked River from its confluence with the East Fork Crooked River upstream approximately 5.4 km (3.4 mi) to a barrier falls; an unnamed tributary to the West Fork Crooked River from its mouth upstream approximately 1.0 km (0.6 mi) to a break in channel gradient; and East Fork Crooked River from its confluence with the West Fork upstream approximately 2.7 km (1.7 mi) to the distribution limit of bull trout provide spawning and rearing habitat (J. Brostrom, IDFG, pers. comm., 2002; D. Mays, USFS, pers. comm., 2002; CBBTTAT 1998d).
(I) Red River from its confluence with the Crooked River and American River upstream 45.9 km (28.5 mi) to the headwaters; Red Horse Creek from its confluence with the Red River upstream 9.1 km (5.6 mi) to an unnamed tributary; Siegel Creek from its confluence with the Red River upstream 2.7 km (1.7 mi) to Boyer Creek; Dawson Creek from its confluence with the Red River upstream 3.7 km (2.3 mi) to the headwaters; Little Moose Creek from its confluence with the Red River upstream 3.0 km (1.8 mi) to an unnamed tributary; Moose Butte Creek from its confluence with the Red River upstream 7.4 km (4.6 mi) to an unnamed tributary; South Fork Red River from its confluence with the Red River upstream 18.7 km (11.7 mi) to the headwaters; Trapper Creek from its confluence with the South Fork Red River upstream 10.6 km (6.6 mi) to the headwaters; West Fork of South Fork Red River from its mouth upstream 4.9 km (3.0 mi) to an unnamed tributary; Middle Fork of South Fork Red River from its mouth upstream 6.1 km (3.8 mi) to the headwaters; Ditch Creek from its confluence with the Middle Fork of South Fork Red River upstream 6.3 km (3.9 mi) to the headwaters; Soda Creek from its confluence with the Red River upstream 1.8 km (1.1 mi) to the limit of known use by bull trout; Baston Creek from its confluence with the Red River upstream 3.6 km (2.2 mi) to the headwaters; Otterson Creek from its confluence with the Red River upstream 5.6 km (3.5 mi) to the headwaters; and
(J) American River from its confluence with the Red River and the South Fork Clearwater River upstream 27.4 km (17.0 mi) to the mouth of Limber Luke Creek provides FMO habitat (CBBTTAT 1998d). Elk Creek from its confluence with the American River upstream 3.8 km (2.3 mi) to Big Elk Creek, and Big Elk Creek from its mouth upstream 15.5 km (9.6 mi) to the headwaters provide habitat that is essential to supporting the recovered distribution of bull trout (USFWS 2002). Little Elk Creek from its confluence with Elk Creek upstream 14.8 km (9.2 mi) to the headwaters is occupied (USFS 1999b) and provides habitat for the recovered distribution of bull trout (USFWS 2002). Kirks Fork of American River from its mouth upstream 2.1 km (1.3 mi) to Wigwam Creek; East Fork American River from its mouth upstream 10.5 km (6.5 mi) to the headwaters; and Flint Creek from its confluence with the East Fork American River upstream 3.0 km (1.9 mi) to an unnamed tributary are likely to be occupied (CBBTTAT 1998d; USFS 1999b) and provide habitat essential to the conservation of bull trout (USFWS 2002). West Fork American River from its mouth upstream 8.0 km (5.0 mi) to the headwaters and Lick Creek from its confluence with the American River upstream 6.0 km (3.7 mi) to the headwaters provide habitat essential to the conservation of bull trout (USFWS 2002).
The Lochsa River CHSU lies within a drainage basin of about 303,019 ha (748,773 ac) that includes the entire stream network of the Lochsa River system other than that portion of the Lake Creek drainage upstream of California Creek. Located within Idaho County, landownership is predominantly Federal (95 percent, all in the Clearwater National Forest), but also includes some private property (5 percent).
(A) The mainstem Lochsa River from its confluence with the Selway River upstream 110.5 km (68.7 mi) to its origin at the confluence of Crooked Fork and Colt Killed Creek provides FMO habitat (CBBTTAT 1998b), as well as a migratory corridor that provides an opportunity for bull trout to move between local populations within and outside this CHSU.
(B) Canyon Creek from its confluence with the Lochsa River upstream 1.0 km (0.6 mi) to South Fork. Canyon Creek; Deadman Creek from its confluence with the Lochsa River upstream 3.4 km (2.1 mi) to East Fork. Deadman Creek; Coolwater Creek from its confluence with the Lochsa River upstream 2.2 km (1.4 mi) to an unnamed tributary; Bimerick Creek from its confluence with the Lochsa River upstream 0.7 km (0.4 mi) to a barrier falls; and Fire Creek from its confluence with the Lochsa River upstream 1.2 km (0.8 mi) to an unnamed tributary. Bull trout have been recently noted in Deadman, Coolwater, Fire Creeks (CBI 1992; Platts
(C) Split Creek from its confluence with the Lochsa River upstream 11.3 km (7.0 mi) to the headwaters is occupied (CBI 1992; IDFG Clearwater Data Base, unpublished 2002a) and provides habitat essential to the conservation of bull trout (USFWS 2002).
(D) Old Man Creek from its confluence with the Lochsa River upstream 11.4 km (7.1 mi) to Chimney Creek provides habitat essential to the long-term conservation of bull trout (USFWS 2002).
(E) Fish Creek from its confluence with the Lochsa River upstream 32.5 km (20.2 mi) to the headwaters, and Hungry Creek from its confluence with Fish Creek upstream 21.8 km (13.5 mi) to the headwaters are occupied (Platts
(F) Boulder Creek from its confluence with the Lochsa River upstream 9.8 km (6.1 mi) to Thimble Creek, the approximate location of an apparent migration barrier, is likely occupied (Platts
(G) Bald Mountain Creek from its confluence with the Lochsa River upstream 2.3 km (1.4 mi) to an unnamed tributary, and Stanley Creek from its confluence with the Lochsa River upstream 2.0 km (1.2 mi) to an unnamed tributary are suspected to be at least seasonally occupied (CBBTTAT 1998b). It also provides subadult or adult bull trout opportunities for foraging and thermal refuge along a section of river where mid-summer water temperatures are well above those preferred by the species.
(H) Indian Grave Creek from its confluence with the Lochsa River upstream 7.7 km (4.8 mi) to the headwaters appears to be at least seasonally occupied (Platts
(I) Weir Creek from its confluence with the Lochsa River upstream 9.5 km (5.9 mi) to the headwaters is occupied (CBBTTAT 1998b) and provides habitat essential to the conservation of bull trout (USFWS 2002).
(J) Lake Creek from its mouth at the Lochsa River upstream 16.2 km (10.0 mi) to California Creek; Freezeout Creek from its confluence with Lake Creek upstream 7.3 km (4.6 mi) to the headwaters; and California Creek from its mouth upstream 3.0 km (1.9 mi) to a break in channel gradient provide habitat essential to the conservation of bull trout (USFWS 2002).
(K) Postoffice Creek from its confluence with the Lochsa River upstream 8.9 km (5.5 mi) to a break in channel gradient, and West Fork Postoffice Creek from its mouth upstream 3.6 km (2.2 mi) to an unnamed tributary provide habitat essential to the conservation of bull trout (USFWS 2002). Postoffice Creek is also known to be occupied (IDFG Clearwater Data Base, unpublished 2002a; CBBTTAT 1998b).
(L) Warm Springs Creek from its confluence with the Lochsa River upstream 5.8 km (3.6 mi) to a barrier falls, and Cooperation Creek from its confluence with Warm Springs Creek upstream 5.5 km (3.4 mi) to a break in channel gradient provide spawning and rearing habitat for the Warm Spring local population (USFWS 2002; D. Weigel, pers. comm., 2002).
(M) Fishing (Squaw) Creek from its confluence with the Lochsa River upstream 10.1 km (6.3 mi) to a seasonally dry channel segment; Doe Creek from its confluence with Fishing (Squaw) Creek upstream 8.8 km (5.5 mi) to an unnamed tributary; West Fork Fishing Creek from its mouth upstream 4.2 km (2.6 mi) to an unnamed tributary; Spring Creek from its confluence with West Fork Fishing Creek upstream 1.6 km (1.0 mi); and East Fork Fishing Creek from its mouth upstream 1.5 km (0.9 mi) to a small unnamed tributary provide spawning and rearing habitat for the Fishing (Squaw) Creek local population (USFWS 2002).
(N) Badger Creek from its confluence with the Lochsa River upstream 1.5 km (0.9 mi) to an unnamed tributary, and Wendover Creek from its mouth upstream 1.6 km (1.0 mi) to West Fork Wendover Creek have suitable habitat.
(O) Legendary Bear (Papoose) Creek from its confluence with the Lochsa River upstream 3.0 km (1.9 mi) to West Fork Legendary Bear Creek; Parachute Creek from its confluence with Legendary Bear (Papoose) Creek upstream 0.4 km (0.3 mi) to a potential barrier; West Fork Legendary Bear Creek from its mouth upstream 7.3 km (4.5 mi) to an unnamed tributary; and East Fork Legendary Bear Creek from its mouth upstream 4.2 km (2.6 mi) to an unnamed tributary provide spawning and rearing habitat for the Legendary Bear (Papoose) Creek local population of bull trout (CBBTTAT 1998b; USFWS 2002).
(P) Walton Creek from its mouth upstream 4.4 km (2.7 mi) to a break in channel gradient provides spawning and rearing habitat for the Walton Creek local population of bull trout (USFWS 2002).
(Q) Colt Killed Creek from its mouth upstream 33.8 km (21.0 mi) to Garnet Creek; Big Flat Creek from its confluence with Colt Killed Creek upstream 13.5 km (8.4 mi) to its headwaters; Beaver Creek from its mouth at Colt Killed Creek upstream 12.2 km (7.6 mi) to the headwaters; Storm Creek from its mouth at Colt Killed Creek upstream 17.0 km (10.6 mi) to North Fork Storm Creek; and Maud Creek from its confluence with Storm Creek upstream 10.1 km (6.3 mi) to the headwaters provide spawning and rearing habitat for the Colt Killed Creek local population of bull trout (CBI 1989; CBI 1996; P. Murphy, pers. comm., 2002; USFWS 2002).
(R) Crooked Fork from its confluence with the Lochsa River upstream 21.7 km (13.5 mi) to Boulder Creek provides FMO and rearing habitat (CBBTTAT 1998b). Haskell Creek from its confluence with Crooked Fork upstream 4.5 km (2.8 mi) to the headwaters; Rock Creek from its confluence with Crooked Fork upstream 1.8 km (1.1 mi) to a small unnamed tributary; Shotgun Creek from its confluence with Crooked Fork upstream 7.6 km (4.7 mi) to the headwaters; Boulder Creek from its confluence with Crooked Fork upstream 10.5 km (6.5 mi) to an unnamed tributary; Fox Creek from its mouth at Boulder Creek upstream 5.6 km (3.5 mi) to a gradient break near the headwaters; Williams Lake Creek from its confluence with Boulder Creek upstream 4.2 km (2.6 mi) to an unnamed tributary; Crooked Fork Creek from its confluence with Boulder Creek upstream 12.4 km (7.7 mi) to a gradient break near the headwaters; Hopeful Creek from its confluence with Crooked Fork Creek upstream 7.4 km (4.6 mi) to the headwaters; and an unnamed Hopeful Creek tributary from its mouth upstream 4.7 km (2.9 mi) to the headwaters provide spawning and rearing habitat for the Crooked Fork local population (Watson and Hillman 1997; CBI 1997; CBBTTAT 1998b; USFWS 2002).
(S) Brushy Fork Creek from the confluence with the Crooked Fork upstream 16.2 km (10.0 mi) to Spruce Creek; Twin Creek from its confluence with Brushy Fork Creek upstream 4.7 km (2.9 mi) to a barrier falls; Spruce Creek from its confluence with Brushy Fork Creek upstream 5.6 km (3.5 mi) to South Fork Spruce Creek; Shoot Creek from its confluence with Spruce Creek upstream 3.4 km (2.1 mi) to a break in channel gradient; South Fork Spruce Creek from its mouth upstream 6.4 km (4.0 mi) to a break in channel gradient; and North Fork Spruce Creek from its mouth upstream 4.0 km (2.5 mi) to an unnamed tributary provide spawning and rearing habitat for the Brushy Fork Creek local population (CBBTTAT 1998b; USFWS 2002; D. Weigel, pers. comm., 2002).
The Fish Lake (Lochsa) CHSU lies within a 2,131 ha (5,267 ac) glacially formed drainage basin in the headwaters of Lake Creek, a major tributary to the Lochsa River. It is in Idaho County and is situated entirely within a portion of the Selway-Bitterroot Wilderness Area administered by the Clearwater National Forest. This area supports one of only two naturally adfluvial bull trout populations within the entire Clearwater River unit.
(A) Lake Creek from California Creek upstream 5.8 km (3.6 mi) to Fish Lake, all 22 ha (54 ac) of Fish Lake, and Lake Creek from Fish Lake upstream 2.3 km (1.5 mi) to a break in channel gradient near the headwaters constitutes all habitat thought to be used by the Fish Lake Creek local population. Bull trout spawn in Lake Creek both below and above Fish Lake (P. Murphy, pers. comm., 2002), and grow to adulthood in the lake itself (USFWS 2002).
The Selway River CHSU lies within a 520,232 ha (1,285,516 ac) drainage basin that includes the Selway River and all of its tributaries. Located in Idaho and Clearwater counties, 85 percent of this basin is within the boundaries of the Selway-Bitterroot and Frank Church-River of No Return wilderness areas (USFS 2001b). Virtually all of the Selway River CHSU is administered by three National Forests: the Nez Perce, Bitterroot, and Clearwater (USFS 1999b). A total of approximately 780.8 km (485.3 mi) of stream are proposed for critical habitat designation as part of the Selway River CHSU. The proposed designations are comprised of Federal land (nearly 100 percent) and private lands (less than 1 percent).
(A) The Selway River from its confluence with the Lochsa River upstream 146.4 km (88.5 mi) to Wilkerson Creek provides FMO habitat for fluvial bull trout (CBBTTAT 1998b), and a highly functional migratory corridor that provides an opportunity for bull trout to move between multiple local populations within and outside this CHSU. Recent field sampling indicates that above the Little Clearwater River confluence, at rkm 121.3 (rmi 75.3), the Selway River is also used as rearing habitat by juvenile bull trout (General Parr Monitoring database 2002). Goddard Creek, a tributary to the Selway River between the mouth and O'Hara Creek, from its mouth upstream 0.8 km (0.5 mi) to an unnamed tributary, is likely to be at least seasonally occupied by foraging adults (CBBTTAT 1998b) and provides habitat essential to the conservation of bull trout (USFWS 2002).
(B) O'Hara Creek from its confluence with the Selway River upstream 12.4 km (7.7 mi) to its origin at the confluence of the East and West Forks of O'Hara Creek; East Fork O'Hara Creek from its mouth upstream 8.1 km (5.0 mi) to the headwaters; and West Fork O'Hara Creek from its mouth upstream 9.3 km (5.8 mi) to the headwaters are known to be occupied in the lower reaches (IDFG General Parr Monitoring database, unpublished 2002b) and provide habitat essential to the conservation of bull trout (USFWS 2002).
(C) Four tributaries to the Selway River between O'Hara Creek and Gedney Creek, Rackliff Creek from its mouth upstream 2.2 km (1.4 mi) to an unnamed tributary; Boyd Creek from its mouth upstream 1.9 km (1.2 mi) to a break in channel gradient; Glover Creek from its mouth upstream 1.5 km (0.9 mi) to an unnamed tributary; and Falls Creek from its mouth upstream 1.4 km (0.9 mi) to a break in channel gradient are suspected to provide at least seasonal habitat for foraging bull trout (CBBTTAT 1998b), are prioritized for restoration efforts (Boyd Creek), and provide habitat essential to the conservation of bull trout (USFWS 2002).
(D) Gedney Creek from its confluence with the Selway River upstream 12.5 km (7.8 mi) to an unnamed tributary and West Fork Gedney Creek from its mouth upstream 2.0 km (1.2 mi) to a barrier falls are occupied. Spawning and rearing is suspected (A. Byrne, IDFG, pers. comm., 2002) and this area provides habitat essential to the conservation of bull trout (USFWS 2002).
(E) Meadow Creek from its confluence with the Selway River upstream 67.9 km (42.2 mi) to an unnamed tributary; Schwar Creek from its confluence with Meadow Creek upstream 3.5 km (2.2 mi) to a barrier falls; and East Fork Meadow Creek from its mouth upstream 11.1 km (6.9 mi) to the headwaters provide spawning and rearing habitat for the Meadow Creek local population (CBBTTAT 1998b; IDFG/FIS database, unpublished 2002c).
(F) Two tributaries to the Selway River between Meadow Creek and Mink Creek, Otter Creek from its confluence with the Selway River upstream 1.0 km (0.6 mi) to a barrier falls (suspected to be occupied (CBBTTAT 1998b)), and Three Links Creek from its confluence with the Selway River upstream 6.5 km (4.0 mi) to West Fork Three Links Creek (documented as occupied (USFWS 2002)) provide habitat essential to the conservation of bull trout (USFWS 2002).
(G) Mink Creek from its confluence with the Selway River upstream 11.9 km (7.4 mi) to an unnamed tributary is suspected to be occupied (CBBTTAT 1998b) and provides habitat essential to the conservation of bull trout (USFWS 2002).
(H) Marten Creek from its confluence with the Selway River upstream 18.3 km (11.4 mi) to a break in channel gradient near the headwaters is occupied (CBBTTAT 1998b) and provides habitat essential to the conservation of bull trout (USFWS 2002).
(I) Moose Creek from its confluence with the Selway River upstream 6.1 km (3.8 mi) to the confluence of North Fork Moose Creek and East Fork Moose Creek; North Fork Moose Creek from its mouth upstream 19.4 km (12.0 mi) to an unnamed tributary; Rhoda Creek from its confluence with North Fork Moose Creek upstream 5.0 km (3.1 mi) to Wounded Doe Creek; Wounded Doe Creek from its mouth upstream 11.4 km (7.1 mi) to an unnamed tributary; East Fork Moose Creek from its mouth upstream 26.7 km (16.6 mi) to a potential barrier falls; and Cedar Creek from its mouth at East Fork Moose Creek upstream 10.1 km (6.3 mi) to an unnamed tributary provide spawning and rearing habitat (CBBTTAT 1998b; USFS 2001b; IDFG Clearwater database, unpublished 2002a).
(J) Pettibone Creek from its confluence with the Selway River upstream 5.3 km (3.3 mi) to an unnamed tributary is suspected to be occupied (CBBTTAT 1998b) and provides habitat essential to the conservation of bull trout (USFWS 2002).
(K) Bear Creek from its confluence with the Selway River upstream 33.2 km (20.7 mi) to an unnamed tributary; Cub Creek from its confluence with Bear Creek upstream 15.0 km ( 9.3 mi) to a barrier falls; Paradise Creek from its confluence with CubCreek upstream 20.1 km (12.5 mi) to a break in channel gradient near the headwaters; and Brushy Fork Creek from its confluence with Cub Creek upstream 11.3 km (7.0 mi) to a break in channel gradient near the headwaters are known to be used by the Bear Creek local population for foraging, as well as spawning and rearing (CBBTTAT 1998b; USFS 2001b). A small juvenile fish sampled low in the system (IDFG General Parr Monitoring database, unpublished 2002b) suggests spawning activity occurring in upper portions of the watershed.
(L) Running Creek from its confluence with the Selway River upstream 31.4 km (19.5 mi) to an unnamed tributary; Eagle Creek from its confluence with Running Creek upstream 18.9 km (11.7 mi) to a gradient break near the headwaters; Lynx Creek from its confluence with Running Creek upstream 4.1 km (2.6 mi) to an unnamed tributary; and South Fork Running Creek from its mouth upstream 3.3 km (2.0 mi) to an unnamed tributary provide spawning and rearing habitat for the Running Creek local population (CBBTTAT 1998b; USFS 2001b; IDFG General Parr Monitoring database, unpublished 2002b). Tom Creek from its confluence with Running Creek upstream 6.1 km (3.8 mi) to the headwaters provides high quality habitat to provide for the recovered distribution of the Running Creek local population, and is essential to the conservation ofbull trout (USFWS 2002).
(M) White Cap Creek from its confluence with the Selway River upstream 39.0 km (24.2 mi) to a gradient break near the headwaters and Canyon Creek from its confluence with White Cap Creek upstream 17.8 km (11.1 mi) to an unnamed tributary provide spawning and rearing habitat for the White Cap Creek local population (CBBTTAT 1998b; M. Jakober, USFS, pers. comm., 2002).
(N) Indian Creek from its confluence with the Selway River upstream 17.3 km (10.8 mi) to an unnamed tributary; Schofield Creek from its confluence with Indian Creek upstream 8.4 km (5.2 mi) to an unnamed tributary; and Burnt Strip Creek from its confluence with Schofield Creek upstream 4.3 km (2.7 mi) to the headwaters provide spawning and rearing habitat for the Indian Creek local population (CBBTTAT 1998b; M. Jakober, USFS, pers. comm., 2002).
(O) Little Clearwater River from its confluence with the Selway River upstream 19.9 km (12.3 mi) to an unnamed tributary; Flat Creek from its confluence with the Little Clearwater River upstream 8.7 km (5.4 mi) to an unnamed tributary; Salamander Creek from its confluence with the Little Clearwater River upstream 7.7 km (4.8 mi) to an unnamed tributary; and Burnt Knob Creek from its confluence with the Little Clearwater River upstream 4.7 km (2.9 mi) to an unnamed tributary provide spawning and rearing habitat for the Little Clearwater River local population (CBBTTAT 1998b; M. Jakober, USFS, pers. comm., 2002).
(P) Magruder Creek from its confluence with the Selway River upstream 2.6 km (1.7 mi) provides spawning and rearing habitat.
(Q) Deep Creek from its confluence with the Selway River upstream 21.3 km (13.3 mi) to a break in channel gradient; Cayuse Creek from its mouth upstream 10.4 km (6.5 mi) to the headwaters; Vance Creek from its mouth upstream 0.9 km (0.6 mi) to an unnamed tributary; and Slow Gulch Creek from its mouth upstream 2.2 km (1.3 mi) to Lazy Creek. Deep, Vance and Slow Gulch creeks provide spawning and rearing habitat for the Deep Creek local population (USFS 2001b; M. Jakober, USFS, pers. comm., 2002). Cayuse Creek is likely to be occupied based on habitat quality (M. Jakober, USFS, pers. comm., 2002), it provides habitat that is essential for the recovered distribution of the Deep Creek local population.
(R) Upper Selway River from Wilkerson Creek upstream 20.1 km (12.5 mi) to the headwaters; Wilkerson Creek from its confluence with the Selway River upstream 12.8 km (8.0 mi) to a break in channel gradient near the headwaters; Storm Creek from its confluence with Wilkerson Creek upstream 10.1 km (6.3 mi) to a gradient break near the headwaters; French Creek from its confluence with Wilkerson Creek upstream 3.0 km (1.9 mi) to an unnamed tributary; Swet Creek from its confluence with the Selway River upstream 13.7 km (8.5 mi) to the headwaters; Surprise Creek from its confluence with the Selway River upstream 7.6 km (4.7 mi) to the headwaters; and South Fork Surprise Creek from its mouth upstream 6.9 km (4.3 mi) to the headwaters provide
The Salmon River basin extends across central Idaho from the Snake River to the Montana border. The critical habitat unit includes 7,688 km (4,777 mi) of stream extending across portions of Adams, Blaine, Custer, Idaho, Lemhi, Nez Perce, and Valley counties in Idaho. There are 10 CHSUs: Little-Lower Salmon River, Middle Salmon River Chamberlain, South Fork Salmon River, Middle Fork Salmon River, Middle Salmon River-Panther Creek, Opal Lake, Lemhi River, Lake Creek, Pahsimeroi River, and Upper Salmon River. Currently, there are 125 known bull trout local populations in this unit. The Draft Recovery Plan (USFWS 2002) indicates the need to maintain all known local populations and identifies the establishment of nine additional populations as necessary for bull trout recovery. The areas proposed as critical habitat within this unit are essential to maintaining the known populations and supporting the additional populations, all of which are essential to the conservation of bull trout.
Approximately 494 km (307 mi) of stream is proposed as critical habitat in drainages associated with the Little Salmon River and the Salmon River downstream of French Creek (rkm 166.0 (rmi 103.1)). Landownership within the CHSU is approximately 77 percent Federal, 21 percent private, and 1 percent State. This CHSU supports seven existing bull trout local populations, and locations for three additional local populations essential for bull trout recovery were identified in the Draft Recovery Plan (USFWS 2002). The stream segments proposed for designation as critical habitat in the Little-Lower Salmon CHSU are described below.
(A) The Salmon River from its confluence with the Snake River upstream 166 km (103.2 mi) to the confluence with French Creek. This stretch of the Salmon River provides foraging and overwinter habitat, and connectivity between the bull trout local populations in this area. This stretch also provides a migratory corridor for movement from upstream portions of the Salmon River to the Snake River.
(B) Slate Creek from its confluence with the Salmon River (at rkm 106.4 (rmi 66.1)) upstream 21.4 km (13.3 mi) to the confluence with Little Slate Creek and extending into Little Slate Creek for a distance of 14.4 km (9.0 mi), Van Buren Creek from the confluence with Little Slate Creek upstream 8.5 km (5.3 mi), Deadhorse Creek from its mouth upstream 9.2 km (5.7 mi); and Willow Creek from its junction with Little Slate Creek upstream 2.3 km (1.4 mi) to its headwaters.
(C) John Day Creek from its confluence with the Salmon River at rkm 116.5 (rmi 72.3) upstream 13.8 km (8.6 mi) to its headwaters and extending up East Fork John Day Creek for a distance of 6.4 km (4 mi).
(D) The Little Salmon River from its confluence with the Salmon River at rkm 139.5 (rmi 86.6) upstream 33.8 km (21.0 mi) to a barrier.
(E) Rapid River from its confluence with the Little Salmon River at rkm 6.8 (rmi 4.2) upstream 36.5 km (22.7 mi) to its headwaters and extending 16.6 km (10.3 mi) up the West Fork Rapid River, 6.9 km (4.3 mi) up the Lake Fork Rapid River, and 5 km (3.1 mi) up the Granite Fork of the Lake Fork.
(F) Boulder Creek from its confluence with the Little Salmon River at rkm 28.5 (rmi 17.7) upstream 30 km (18.7 mi) to its headwaters and extending up Yellow Jacket Creek for a distance of 2.9 km (1.8 mi).
(G) Hazard Creek from the confluence with the Little Salmon River at rkm 31.4 (rmi 19.5) upstream 17.5 km (15.8 mi) to a headwater lake and extending up Hard Creek for a distance of 7.6 km (4.7 mi) to a barrier falls. A natural bedrock falls on Hazard Creek at rkm 6.1 (rmi 3.8) is a barrier to upstream fish movement. Hard Creek enters downstream of the barrier falls and a fluvial bull trout local population has been documented in Hard and lower Hazard Creeks (CBBTTAT 1998e).
(H) Lake Creek from its confluence with the Salmon River at rkm 149.7 (rmi 93.0) upstream for 14 km (8.7 mi) to its headwaters.
(I) Partridge Creek from its confluence with the Salmon River at rkm 159.6 (rmi 99.1) upstream for 18.7 km (11.6 mi) to its headwaters.
(J) Elkhorn Creek from its confluence with the Salmon River at rkm 162.7 (rmi 101.0) upstream for 17.7 km (11 mi) to its headwaters.
(K) French Creek from its confluence with the Salmon River at rkm 166.0 (rmi 103.1) upstream for 33.6 km (20.9 mi) to its headwaters and extending up North Creek for 6.1 km (3.8 mi).
Approximately 528 km (328 mi) of stream is proposed as critical habitat in drainages associated with the section of the Salmon River from French Creek (rkm 166.0 (rmi 103.1)) upstream to Chamberlain Creek (rkm 281.9 (rmi 175.1)). Landownership within the CHSU is approximately 98 percent USFS, 1 percent BLM, and 1 percent private. This CHSU supports nine existing bull trout local populations, and the Draft Recovery Plan (USFWS 2002) identifies all of them as essential for conservation of bull trout. It also identifies a drainage where the establishment of an additional population is essential to the conservation of the species. The stream segments that make up the Middle Salmon-Chamberlain CHSU are described below.
(A) The Salmon River from its confluence with French Creek upstream 111.9 km (69.5 mi) to the confluence with Chamberlain Creek. This stretch of the Salmon River provides foraging and overwintering habitat, as well as connectivity between the bull trout local populations in this area. This stretch also provides a migratory corridor for movement from upstream portions of the Salmon River to the Snake River. All other stream segments in this CHSU are tributaries of the Salmon River and primarily provide spawning and rearing habitat.
(B) Fall Creek from its confluence with the Salmon River at rkm 172.5 (rmi 107.1) upstream 14.6 km (9.1 mi) to its headwaters and extending up East Fork Fall Creek for a distance of 7.2 km (4.5 mi).
(C) Wind River from its confluence with the Salmon River at rkm 176.9 (rmi 109.9) upstream 22.5 km (14.0 mi) to the headwaters.
(D) Sheep Creek from its confluence with the Salmon River at rkm 187.6 (rmi 116.5) upstream 23.8 km (14.8 mi) to its headwaters.
(E) California Creek from its confluence with the Salmon River at rkm 189.9 (rmi 117.9) upstream 19.5 km (12.1 mi) to its headwaters.
(F) Crooked Creek from its confluence with the Salmon River at rkm 200.5 (rmi 124.5) upstream 34.3 km (21.3 mi) to the headwaters and extending up Lake Creek for a distance of 21.1 km (13.1 mi).
(G) Warren Creek from its confluence with the Salmon River at rkm 208.6 (rmi 129.5) upstream 31.1 km (19.3 mi) to the headwaters and extending up the following Warren Creek tributaries: Schissler Creek for a distance of 6.8 km (4.2 mi); Guard Creek for a distance of 3.9 km (2.4 mi); Slaughter Creek for a distance of 7.7 km (4.8 mi); Mayflower Creek for a distance of 5.6 km (3.5 mi); and Webfoot Creek for a distance of 3.5 km (2.2 mi).
(H) Rhett Creek from its confluence with the Salmon River at rkm 230.0 (rmi
(I) Little Mallard Creek from its confluence with the Salmon River at rkm 244.6 (rmi 151.9) upstream 0.8 km (0.5 mi) to a falls.
(J) Big Mallard Creek from its confluence with the Salmon River at rkm 247.0 (rmi 153.4) upstream 1.1 km (0.7 mi) to Mallard Creek Falls.
(K) Bargamin Creek from its confluence with the Salmon River at rkm 255.2 (rmi 158.5) upstream 37.5 km (23.3 mi) to its headwaters.
(L) Sabe Creek from its confluence with the Salmon River at rkm 271.6 (rmi 168.7) upstream 24.5 km (15.2 mi) to its headwaters.
(M) Big Harrington Creek from its confluence with the Salmon River at rkm 278.2 (rmi 172.8) upstream 13.5 km (8.4 mi) to its headwaters.
(N) Chamberlain Creek from its confluence with the Salmon River at rkm 281.9 (rmi 175.1) upstream 43.8 km (27.2 mi) to its headwaters and extending up the following tributaries: McCalla Creek for a distance of 25.6 km (15.9 mi) from its mouth to to its headwaters; Whimstick Creek from its junction with McCalla Creek upstream 17.4 km (10.8 mi); West Fork Chamberlain Creek from its mouth upstream14.6 km (9.1 mi) to its headwaters; Game Creek from its mouth on West Fork Chamberlain Creek upstream 8.4 km (5.2 mi); Moose Creek from its mouth upstream10 km (6.2 mi) to its headwaters; South Fork Chamberlain Creek from its mouth upstream 7.2 km (4.5 mi) to its headwaters; and Rim Creek from its junction with Chamberlain Creek upstream 8.4 km (5.2 mi) to its headwaters.
Approximately 834 km (518 mi) of stream is proposed as critical habitat in drainages associated with the South Fork of the Salmon River. Landownership within the CHSU is 96 percent Federal land, 1 percent State land, and 3 percent private land. This CHSU supports 28 existing bull trout local populations and one potential local population, all of which are identified as essential for bull trout recovery in the Draft Recovery Plan (USFWS 2002). The stream segments proposed for critical habitat that make up the South Fork Salmon River CHSU are described below.
(A) South Fork Salmon River from its confluence with the Salmon River upstream 141.6 km (88 mi) to its headwaters. Most of this stretch provides FMO habitat, and allows for the maintenance of genetic exchange by local and potential local populations both within and between CHSUs. The upper 13.3 km (8.3 mi) is known to support bull trout spawning and/or early rearing, and is considered to be a distinct local population. All other stream segments in this CHSU are tributaries of the South Fork Salmon River and primarily provide spawning and rearing habitat.
(B) Pony Creek from its confluence with the South Fork Salmon River upstream 14.7 km (9.1 mi) to its headwaters.
(C) Elk Creek from its confluence with the South Fork Salmon River upstream 14.3 km (8.9 mi) to its headwater and extending up West Fork Elk Creek for a distance of 10.7 km (6.6 mi), and up South Fork Elk Creek for a distance of 4.4 km (2.7 mi).
(D) The Secesh River from its confluence with South Fork Salmon River upstream 45.3 km (28.1 mi) to Lake Creek. The lower 39 km (24 mi) stretch of this river is used primarily as FMO habitat (IDFG/FIS database, unpublished 2002c). The uppermost 6 km (4 mi) is known to support bull trout spawning and/or early rearing (IDFG/FIS database, unpublished 2002c; USFWS,
(E) East Fork South Fork Salmon River from its confluence with South Fork Salmon River upstream 52.2 km (32.4 mi) to its headwaters. Downstream of Fiddle Creek (rkm 42.7 (rmi 26.5)), the East Fork is occupied FMO habitat; above Fiddle Creek it is occupied spawning and rearing habitat. A number of bull trout local populations extend up tributaries of the upper East Fork South Fork Salmon River; each of the following streams are known to support bull trout spawning and/or early rearing (USFWS,
(F) Johnson Creek from its confluence with East Fork South Fork Salmon River upstream 61.8 km (38.4 mi) to its headwater. Downstream of Sand Creek (rkm 46.4 (rmi 28.8)), Johnson Creek is occupied FMO habitat; the 15.4 km (9.6 mi) above Sand Creek is potential spawning and rearing habitat containing many of the primary constituent elements. Upper Johnson Creek is identified in the Draft Recovery Plan (USFWS 2002) as a potential local population with a number of known bull trout local populations extending up tributaries of Johnson Creek. Each of the following streams and lakes are known to support bull trout: Riordan Creek for a distance of 13.9 km (8.6 mi) above and below Riordan Lake, and including the 30 ha (75 ac) lake; Trapper Creek for a distance of 14.5 km (9.0 mi) and including 4.0 km (2.5 mi) of an unnamed tributary on the south side of Trapper Creek; and Burntlog Creek for a distance of 22.7 km (14.1 mi) and including 7.3 km (4.5 mi) of Buck Creek, 10.5 km (6.5 mi) of East Fork Burntlog Creek, and an unnamed tributary to East Fork Burntlog Creek from its mouth, approximately 4.4 km (2.8 mi) upstream of the confluence of Burntlog and East Fork Burntlog creeks, upstream 3.2 km (2 mi) to its headwaters.
(G) The following tributaries of the South Fork Salmon River that enter the river upstream of the East Fork South Fork Salmon River are known to support bull trout local populations and are proposed as critical habitat: Fitsum Creek from its confluence with South Fork Salmon River upstream for a distance of 3.7 km (2.3 mi) and including 13.0 km (8.1 mi) of North
Approximately 1,905 km (1,184 mi) of stream is proposed as critical habitat in drainages associated with the Middle Fork of the Salmon River. Landownership within the CHSU is approximately 98 percent USFS, 2 percent private, and less than 1 percent State. This CHSU supports 28 existing bull trout local populations, all of which are identified as essential for bull trout recovery in the Draft Recovery Plan (USFWS 2002). The stream segments that comprise proposed critical habitat in this CHSU are described below.
(A) Middle Fork Salmon River from its confluence with the Salmon River upstream for a distance of 168.4 km (104.6 mi) to Bear Valley Creek. The Middle Fork provides FMO habitat, and allows for the maintenance of genetic exchange by local and potential local populations both within and between CHSU. All other stream segments in this CHSU are tributaries of the Middle Fork Salmon River and primarily provide spawning and rearing habitat (Southwest Basin Native Fish Technical Advisory Group (SBNFTG) 1998; USFWS, in
(B) Big Creek from its confluence with the Middle Fork Salmon River upstream for a distance of 74.2 km (46.1 mi) to its headwater and extending up the following tributaries: Rush Creek for a distance of 27.4 km (17 mi) and including 7.8 km (4.9 mi) of South Fork Rush Creek; Cabin Creek for a distance of 14.4 km (8.9 mi); Cave Creek for a distance of 19.4 km (12 mi); Monumental Creek for a distance of 41.1 km (25.6 mi) and including 12.8 km (7.9 mi) of Snowslide Creek, and 12.7 km (7.9 mi) of West Fork Monumental Creek; Crooked Creek for a distance of 11.1 km (6.9 mi); Big Ramey Creek for a distance of 18.8 km (11.7 mi) and including 5.8 km (3.6 mi) of East Fork Big Ramey Creek; Beaver Creek for a distance of 18.8 km (11.7 mi) and including 11.2 km (7.0 mi) of Hand Creek and 5.8 km (3.6 mi) of Boulder Creek; Smith Creek for a distance of 10 km (6.2 mi) and including 3.8 km (2.4 mi) of Middle Fork Smith Creek and 4.9 km of South Fork Smith Creek; Logan Creek for a distance of 13.4 km (8.3 mi); and Belvidere Creek for a distance of 4.7 km (2.9 mi).
(C) Wilson Creek from its confluence with the Middle Fork Salmon River upstream for a distance of 24.2 km (15.1 mi).
(D) Soldier Creek from its confluence with the Middle Fork Salmon River upstream for a distance of 14.4 km (8.9 mi).
(E) Brush Creek from its confluence with the Middle Fork Salmon River upstream for a distance of 10.7 km (6.6 mi).
(F) Sheep Creek from its confluence with the Middle Fork Salmon River upstream for a distance of 16.3 km (10.1 mi).
(G) Camas Creek from its confluence with the Middle Fork Salmon River upstream for a distance of 51 km (31.7 mi) and extending up the following tributaries: Yellow Jacket Creek for a distance of 36.5 km (22.7 mi) and including 6.5 km (4.0 mi) of Lake Creek, 13.6 km (8.4 mi) of Hoodoo Creek, 8.4 km (5.2 mi) of Little Jacket Creek, and 5.2 km (3.2 mi) of Shovel Creek; Woodtick Creek for a distance of 9.6 km (6 mi); West Fork Camas Creek for a distance of 14.7 km (3.1 mi) and including 7.8 km (4.8 mi) of Pole Creek; Silver Creek for a distance of 29.1 km (18.1 mi) and including 7.8 km (4.8 mi) of Arrastra Creek, 6.9 km (4.3 mi) of Birdseye Creek, and 3.5 km (2.2 mi) of Blue Fork Silver Creek; Castle Creek for a distance of 15.0 km (9.3 mi); Furnace Creek for a distance of 12.9 km (8.0 mi); White Goat Creek for a distance of 7.1 km (4.4 mi); South Fork Camas Creek for a distance of 13.2 km (8.2 mi); Fly Creek for a distance of 6.2 km (3.9 mi); and J Fell Creek for a distance of 8.5 km (5.3 mi).
(H) Norton Creek from its confluence with the Middle Fork Salmon River upstream for a distance of 12.8 km (8.0 mi).
(I) Loon Creek from its confluence with the Middle Fork Salmon River upstream for a distance of 54.5 km (33.9 mi) and extending up into the following tributaries: Cache Creek for a distance of 11.5 km (7.1 mi); Bear Creek for a distance of 4.3 km (2.7 mi); Cold Spring Creek for a distance of 5.8 km (3.6 mi); Jack Creek for a distance of 3.1 km (1.9 mi); Indian Creek for a distance of 8.7 km (5.4 mi); Cabin Creek for a distance of 10.6 km (6.6 mi); Rock Creek for a distance of 13.0 km (8.1 mi); Warm Spring Creek for a distance of 30.1 km (18.7 mi) and extending 2.1 km (1.3 mi) up Fir Creek, 2.8 km (1.7 mi) up Cat Creek, 4.5 km (2.8 mi) up MaHoney Creek, 3.2 km (2 mi) up Parker Creek, 5.5 km (3.4 mi) up Wickiup Creek, 7.0 km (4.3 mi) up Trapper Creek, 3.8 km (2.4 mi) up McKee Creek, 3.7 km (2.3 mi) up Rush Creek, and 1.4 km (0.9 mi) up South Fork Warm Spring Creek; Cottonwood Creek for a distance of 8.9 km (5.5 mi) and extending 4.3 km (2.7 mi) up South Fork Cottonwood Creek; Shell Creek for a distance of 3.6 km (2.2 mi); Rat Creek for a distance of 2.5 km (1.6 mi); Canyon Creek for a distance of 3.3 km (2.0 mi); Mayfield Creek for a distance of 5.1 km (3.3 mi) and extending 4.9 km (3.0 mi) up Nelson Creek, 11.2 km (7.0 mi) up West Fork Mayfield Creek, and 20.2 km (12.5 mi) up East Fork Mayfield Creek; Deer Creek for a distance of 3.3 km (2.0 mi); Trail Creek for a distance of 10.1 km (6.3 mi); and Pioneer Creek for a distance of 11 km (6.8 mi).
(J) Little Loon Creek from its confluence with the Middle Fork Salmon River upstream for a distance of 18.5 km (11.5 mi) and extending up West Fork Little Loon Creek for 6.2 km.
(K) Little Creek from its confluence with the Middle Fork Salmon River upstream for a distance of 3.9 km (2.4 mi).
(L) Thomas Creek from its confluence with the Middle Fork Salmon River upstream for a distance of 1.8 km (1.1 mi), and extending 3.8 km (2.4 mi) up West Fork Thomas Creek and 4.8 km (3 mi) up East Fork Thomas Creek.
(M) Marble Creek from its confluence with the Middle Fork Salmon River upstream for a distance of 35.9 km (22.3 mi) and extending up into the following tributaries: Trail Creek for a distance of 15.5 km (9.6 mi); Dynamite Creek for a distance of 13.2 km (8.2 mi); Buck Creek for a distance of 6.9 km (4.3 mi); Little Cottonwood Creek for a distance of 6.5 km (4.0 mi); and Big Cottonwood Creek for a distance of 12.2 km (7.6 mi).
(N) Indian Creek from its confluence with the Middle Fork Salmon River upstream for a distance of 32.7 km (20.3 mi) and extending up into the following tributaries: Middle Fork Indian Creek for a distance of 8.7 km (5.4 mi); Cultus Creek for a distance of 4.9 km (3.0 mi); Papoose Creek for a distance of 5.9 km (3.7 mi); Little Indian Creek for a distance of 7.7 km (4.8 mi); and Big Chief Creek for a distance of 8.2 km (5.5 mi).
(O) Pistol Creek from its confluence with the Middle Fork Salmon River upstream for a distance of 29.4 km (18.3 mi) and extending up into the following tributaries: Little Pistol Creek for a distance of 22.1 km (13.7 mi) and including 6.0 km (3.7 mi) of Springfield Creek, 5.5 km (3.4 mi) of West Fork Springfield Creek, and 5.5 km (3.4 mi) of Browning Creek; Forty-Five Creek for a distance of 9.6 km (6.0 mi); Lugar Creek for a distance of 8.8 km (5.5 mi); and Thirty-Eight Creek for a distance of 5.4 km (3.4 mi).
(P) Rapid River from its confluence with the Middle Fork Salmon River upstream for a distance of 27.7 km (17.2 mi) and extending up into the following tributaries: Sheep Creek for a distance of 16.3 km (10.1 mi) and extending 5.1 km (3.2 mi) up North Fork Sheep Creek and 7.2 km (4.5 mi) up South Fork Sheep Creek; Sulfur Creek for a distance of 7.9 km (4.9 mi); Float Creek for a distance of 11.4 km (7.1 mi); Vanity Creek for a distance of 9.6 km (6 mi) and extending 5.4 km (3.4 mi) up Seafoam Creek, and 5.9 km (3.7 mi) up Baldwin Creek; and Duffield Creek for a distance of 10.9 km (6.8 mi).
(Q) Greyhound Creek from its confluence with the Middle Fork Salmon River upstream for a distance of 8.3 km (5.2 mi).
(R) Soldier Creek from its confluence with the Middle Fork Salmon River upstream for a distance of 12.6 km (7.8 mi).
(S) Elkhorn Creek from its confluence with the Middle Fork Salmon River upstream for a distance of 11.9 km (7.4 mi) and extending 7.9 km (4.9 mi) up North Fork Elkhorn Creek, and 6.8 km (4.2 mi) up Middle Fork Elkhorn Creek.
(T) Sulphur Creek from its confluence with the Middle Fork Salmon River upstream for a distance of 29.4 km (18.3 mi) and extending 6.3 km (3.9 mi) up North Fork Sulphur Creek.
(U) Dagger Creek from its confluence with the Middle Fork Salmon River upstream for a distance of 12.4 km (7.7 mi).
(V) Marsh Creek from its confluence with the Middle Fork Salmon River upstream for a distance of 22 km (13.7 mi) and extending up into the following tributaries: Lola Creek for a distance of 6.3 km (3.9 mi); Beaver Creek for a distance of 27.3 km (17.0 mi) and extending 6.5 km (4.0 mi) up Bear Creek and 11.4 km (7.1 mi) up Winnemucca Creek; Cape Horn Creek for a distance of 15.1 km (9.4 mi) and extending 11.5 km (7.1 mi) up Banner Creek; and Knapp Creek for a distance of 24.8 km (15.4 mi).
(W) Bear Valley Creek from its confluence with the Middle Fork Salmon River upstream for a distance of 49.7 km (30.9 mi) and extending up into the following tributaries: Fir Creek for a distance of 11 km (6.8 mi); Cold Creek for a distance of 6.8 km (4.2 mi); Wyoming Creek for a distance of 10 km (6.2 mi); Poker Creek for a distance of 4 km (2.5 mi); an unnamed Tributary entering Bear Valley Creek from the north approximately 0.5 km (0.3 mi) upstream of Poker Creek, for a distance of 2.6 km (1.6 mi); Elk Creek for a distance of 25.5 km (15.8 mi) and extending 9.8 km (6.1 mi) up Cook Creek, 13.6 km (8.6 mi) up Bearskin Creek, 6.3 km (3.9 mi) up Little Beaver Creek, 9.9 km (6.1 mi) up Porter Creek, 5.1 km (3.2 mi) up Little East Fork Elk Creek, 6.4 km (4 mi) up West Fork Elk Creek, 5.2 km (3.2 mi) up North Fork Elk Creek, and 10.2 km (6.3 mi) up East Fork Elk Creek; Pole Creek for a distance of 3.1 km (1.9 mi); Sack Creek for a distance of 8.9 km (5.5 mi); Cache Creek for a distance of 12.3 km (7.6 mi) and extending 3.2 km (2 mi) up an unnamed tributary that enters Cache Creek from the east approximately 4.5 km (2.8 mi) upstream of Bear Valley Creek; Sheeptrail Creek for a distance of 3.6 km (2.2 mi); Cub Creek for a distance of 4.2 km (2.6 mi); and Casner Creek for a distance of 4.4 km (2.7 mi).
Approximately 1,097 km (682 mi) of stream is proposed as critical habitat in drainages associated with the middle section of the Salmon River, from its confluence with the Middle Fork Salmon River upstream to its confluence with the Pahsimeroi River. Landownership within the CHSU is approximately 79 percent Federal and 11 percent private. This CHSU supports 20 existing bull trout local populations, all of which are identified as essential for bull trout recovery in the Draft Recovery Plan (USFWS 2002). The stream segments proposed for critical habitat designation in this CHSU are described below.
(A) The Salmon River from its confluence with Chamberlain Creek upstream 208 km (129 mi) to its confluence with the Pahsimeroi River. This stretch of the Salmon River provides FMO habitat and connectivity between the bull trout local populations in this area. This stretch also provides a migratory corridor for movement from upstream portions of the Salmon River to the Snake River. All other stream segments in this CHSU are tributaries of the Salmon River and primarily provide spawning and rearing habitat.
(B) Horse Creek from its confluence with the Salmon River upstream 40.9 km 25.4 mi) to its headwaters and extending 4.7 km (2.9 mi) up Cayuse Creek, and 3.9 km (2.4 mi) up Woods Fork Horse Creek.
(C) Owl Creek from its confluence with the Salmon River upstream 23.1 km (14.3 mi).
(D) Panther Creek from its confluence with the Salmon River upstream 73.1 km (45.4 mi) and extending up into the following tributaries: Clear Creek for a distance of 27.7 km (17.2 mi); Beaver Creek for a distance of 15.5 km (9.6 mi); Trail Creek for a distance of 8.8 km (5.5 mi); Napias Creek for a distance of 23.5 km (14.6 mi) and extending 10.9 km (6.8 mi) up Moccasin Creek, 11.5 km (7.1 mi) up Phelan Creek, 12.6 km (7.8 mi) up Arnett Creek, and 8.3 km (5.2 mi) up Rapps Creek; Deep Creek for a distance of 19.5 km (12.1 mi) and extending 13.6 km (8.4 mi) up Little Deep Creek, and 3.2 km (2 mi) up an unnamed tributary that enters Deep Creek from the northeast approximately 11 km (6.8 mi) upstream from Panther Creek; West Fork Blackbird Creek from upstream of the tailings pond 9.1 km (5.7 mi) to its headwaters; Woodtick Creek for a distance of 14.1 km (8.8 mi); Musgrove Creek for a distance of 17.6 km (10.9 mi); Porphyry Creek for a distance of 11.5 km (7.1 mi) and extending 3.8 km (2.4 mi) up South Fork Porphyry Creek; Fourth of July Creek for a distance of 6.0 km (3.7 mi); Opal Creek for a distance of 3.3 km (2.0 mi); Weasel Creek for a distance of 2.8 km (1.7 mi); and Otter Creek for a distance of 5.7 km (3.5 mi).
(E) Pine Creek from its confluence with the Salmon River upstream 17.6 km (10.9 mi).
(F) Boulder Creek from its confluence with the Salmon River upstream 14.5 km (9.0 mi).
(G) Spring Creek from its confluence with the Salmon River upstream 10.6 km (6.6 mi).
(H) Squaw Creek from its confluence with the Salmon River upstream 14.9 km (9.3 mi).
(I) Indian Creek from its confluence with the Salmon River upstream 18.6 km (11.4 mi) and extending 5.6 km (3.5 mi) up West Fork Indian Creek, 7.6 km (4.7 mi) up Corral Creek, and 9.2 km (5.7 mi) up McConn Creek.
(J) North Fork Salmon River from its confluence with the Salmon River upstream 39.4 km (24.5 mi) and extending up into the following tributaries: Hughes Creek for a distance of 18.2 km (11.3 mi); Sheep Creek for a distance of 10.9 km (6.8 mi) and extending 5.2 km (3.2 mi) up South Fork Sheep Creek and 9.2 km (5.7 mi) up North Fork Sheep Creek; Dahlonega Creek for a distance of 12.7 km (7.9 mi); Twin Creek for a distance of 11.9 km (7.4 mi); Vine Creek for a distance of 4.4 km (2.7 mi); Pierce Creek for a distance of 6.7 km (4.2 mi); West Fork, North Fork Salmon River Creek for a distance of 3.1 km (1.9 mi); and Moose Creek for a distance of 5.0 km (3.1 mi).
(K) Fourth of July Creek from its confluence with the Salmon River upstream 17.8 km (11.1 mi).
(L) Carmen Creek from its confluence with the Salmon River upstream 24.2 km (15.0 mi) and extending 1.5 km (0.9 mi) up Freeman Creek.
(M) Williams Creek from its confluence with the Salmon River upstream 9.9 km (6.1 mi) and extending 8.2 km (5.1 mi) up South Fork Williams Creek.
(N) Twelvemile Creek from its confluence with the Salmon River upstream 14.1 km (8.8 mi).
(O) Iron Creek from its confluence with the Salmon River upstream 20.6 km (12.8 mi) and extending 11.7 km (7.3 mi) up North Fork Iron Creek, 8.8 km (up South Fork Iron Creek, and 7.7 km (4.8 mi) up West Fork Iron Creek.
(P) McKim Creek from its confluence with the Salmon River upstream 10.1 km (6.3 mi) and extending 9.8 km (6.1 mi) up North Fork McKim Creek.
(Q) Hat Creek from its confluence with the Salmon River upstream 17.6 km (10.9 mi) and extending 6.6 km (4.1 mi) up Big Hat Creek, 6.6 km (4.4 mi) up Middle Fork Hat Creek, and 7.2 km (4.5 mi) up North Fork Hat Creek.
(R) Allison Creek from its confluence with the Salmon River upstream 10.9 km (6.8 mi).
(S) Cow Creek from its confluence with the Salmon River upstream 15 km (9.3 mi).
Approximately 1,232 km (766 mi) of stream is proposed as critical habitat in drainages associated with the Lemhi River. Landownership within the CHSU is approximately 65 percent Federal, 32 percent private, and 3 percent State. This CHSU supports six existing bull trout local populations and three potential local populations, all of which are identified as essential for bull trout recovery in the Draft Recovery Plan (USFWS 2002). The stream segments proposed for critical habitat designation in this CHSU are described below.
(A) The Lemhi River from its confluence with the Salmon River upstream 93.6 km (58.2 mi) to its headwaters (the confluence of Texas Creek and Eighteen Mile Creek). This segment provides FMO habitat, and provides connectivity between the local populations in the Lemhi watershed. All other stream segments in this CHSU are tributaries of the Lemhi River and primarily provide spawning and rearing habitat.
(B) Geerston Creek from the point where an irrigation ditch turns west towards Kirtley Creek, upstream 7.7 km (4.8 mi) in the irrigation ditch to the point of diversion then upstream in Geertson Creek a total of 15.7 km (9.6 mi) to the outlet of a headwater lake for a total of 23.4 km (14.5 mi).
(C) Bohannon Creek from its confluence with the Lemhi River upstream 16.4 km (10.2 mi).
(D) Kenney Creek from its confluence with the Lemhi River upstream 15.7 km (9.7 mi) and extending 7.0 km (4.3 mi) up East Fork Kenney Creek.
(E) Pattee Creek from its confluence with the Lemhi River upstream 21.0 km (13.0 mi).
(F) Hayden Creek from its confluence with the Lemhi River upstream 31.8 km (19.7 mi) and extends up into the following tributaries: Bear Valley Creek for a distance of 14.4 km (8.9 mi) and extending 8.0 km (5.0 mi) up Kadletz Creek, 8.5 km (5.3 mi) up Wright creek, 2.9 km (1.8 mi) up Short Creek, and 12.6 km (7.8 mi) up Deer Creek; East Fork Hayden Creek for a distance of 13.8 km (8.6 mi); Cooper Creek for a distance of 6.7 km (4.2 mi); West Fork Hayden Creek from its mouth upstream 1 km (0.6 mi) and Bray Creek for a distance of 5.2 km (3.3 mi).
(G) Mill Creek from the point where it is diverted for irrigation upstream 17.9 km (11.1 mi) to where it flows from a lake.
(H) Big Springs Creek from its confluence with the Lemhi River upstream to its source and including historic portions of the stream channel now used to divert irrigation water for a total of 18.8 km (11.7 mi).
(I) Little Eight Mile Creek from its confluence with the Lemhi River upstream 13.1 km (8.1 mi).
(J) Big Eight Mile Creek from its confluence with the Lemhi River upstream 24.1 km (15.0 mi) and extending 4.1 km (2.5 mi) up Dairy Creek.
(K) Big Timber Creek from its confluence with the Lemhi River upstream 34.1 km (21.2 mi) and extending 6.7 km (4.2 mi) up Little Timber Creek and 10.2 km (6.3 mi) of Middle Fork Little Timber Creek.
(L) Canyon Creek from its confluence with the Lemhi River upstream 24.2 km (15.0 mi) and extending up the following tributaries: Cruikshank Creek for a distance of 11.3 km (7.0 mi); and unnamed segments from four springs (Hood Gulch) from where it is diverted for irrigation then upstream about 2 km (1.2 mi) in a single waterway. Then Hood Gulch is spread out in a series of four springs/channels that each flow for a few kilometers up to their spring source. The entire network of springs and channels to the point of diversion totals 19.8 km (12.3 mi).
(M) Eighteen Mile Creek from its confluence with the Lemhi River upstream 43.2 km (26.8 mi) and extending up the following tributaries: Deer Creek, a tributary to Texas Creek, for a distance of 9.3 km (5.8 mi); Hawley Creek for a distance of 14.9 km (9.3 mi) to the point where Reservoir Creek and Big Bear Creek meet, and extending up Reservoir Creek for 9.1 km (5.6 mi), up Big Bear Creek for 11.1 km (6.9 mi), and up Meadow Creek for 2.8 km (1.7 mi).
Proposed critical habitat in the Opal Lake CHSU consists of 6 ha (14 ac) Opal Lake and 4 km (2.5 mi) of upper Opal Creek that feeds into the lake. The CHSU is entirely on USFS land and supports one existing bull trout local population that is identified as essential for bull trout recovery in the Draft Recovery Plan (USFWS 2002). Opal Lake has no known outlet, so this bull trout population is isolated from other populations. Good spawning habitat is located upstream of the lake in upper Opal Creek, however, positive identification of redds has been unavailable to date (B. Roberts, USFS,
Proposed critical habitat in the Lake Creek CHSU consists of 10.6 km (6.6 mi) of Lake Creek, 4.3 km (2.7 mi) of North Fork Lake Creek, and Williams Lake (72 ha (177 ac)). This unit supports one existing bull trout local population that is identified as essential for recovery in the Draft Recovery Plan (USFWS 2002). Williams Lake has no known surface outlet, so this bull trout population is isolated from other populations. Good spawning habitat is located upstream of the lake in Lake Creek, and its north fork and bull trout have been observed in these streams (T. Curet, IDFG, pers. comm., 2002). Landownership in this CHSU is approximately 86 percent Federal and 13 percent private.
Approximately 362 km (225 mi) of stream is proposed as critical habitat in drainages associated with the Pahsimeroi River. Landownership within the CHSU is 66 percent Federal, 31 percent private, and 3 percent State. This CHSU supports eight existing bull trout local populations, all of which are identified as essential for bull trout recovery in the Draft Recovery Plan (USFWS 2002). The stream segments proposed for critical habitat designation in this CHSU are described below.
(A) The Pahsimeroi River from its confluence with the Salmon River upstream 85 km (53.3 mi) to its headwaters. This segment provides FMO habitat, and provides connectivity between the local populations in the Pahsimeroi watershed. All other stream segments in this CHSU are tributaries of the Pahsimeroi River and are primarily spawning and rearing habitat.
(B) Morgan Creek from its confluence with the Pahsimeroi River upstream 8.7 km (5.4 mi) and extending 9.7 km (6.0 mi) up the North Fork Morgan Creek and 6.8 km (4.2 mi) up the East Fork Morgan Creek.
(C) Tater Creek from its confluence with the Pahsimeroi River upstream 13.8 km (8.6 mi) and including the irrigation ditches currently used to divert water at rkm 8.6 (rmi 5.3).
(D) Morse Creek from its confluence with the Pahsimeroi River upstream 20 km (12.4 mi).
(E) Falls Creek from its confluence with the Pahsimeroi River upstream 24.1 km (15.0 mi).
(F) Patterson Creek from its confluence with the Pahsimeroi River upstream 43.2 km (26.8 mi) and extending 5.2 km (3.2 mi) up Inyo Creek.
(G) Big Creek from its confluence with the Pahsimeroi River upstream 19.9 km (12.4 mi) to the confluence of North Fork Big Creek and South Fork Big Creek, and extending 14.2 km (8.8 mi) up the South Fork and 13.4 km (8.3 mi) up the North Fork.
(H) Goldberg Creek from its confluence with the Pahsimeroi River upstream 27.3 km (17.0 mi) to the confluence of Big Gulch and Ditch Creeks and extending 11.2 km (7.0 mi) up Big Gulch and 10.7 km (6.6 mi) up Ditch Creek.
(I) Burnt Creek from its confluence with the Pahsimeroi River upstream 17.2 km (10.7 mi) to the East Fork Burnt Creek confluence and extending 4.0 km (2.5 mi) up East Fork Burnt Creek.
(J) Mahogany Creek from its confluence with the Pahsimeroi River upstream 14.7 km (9.1 mi).
(K) West Fork Pahsimeroi River from its confluence with the Pahsimeroi River upstream 9.1 km (5.7 mi).
(L) East Fork Pahsimeroi River from its confluence with the Pahsimeroi River upstream 10.8 km (6.7 mi).
Approximately 1,220 km (758 mi) of stream is proposed as critical habitat in drainages associated with the Upper Salmon River. Landownership within the CHSU is approximately 79 percent Federal and 14 percent private. This CHSU supports 18 existing bull trout local populations, all of which are identified as essential for bull trout recovery in the Draft Recovery Plan (USFWS 2002). The stream segments proposed for critical habitat designation in this CHSU are described below.
(A) The Salmon River from its confluence with the Pahsimeroi River upstream 195 km (121 mi) to its headwaters. This stretch of the Salmon River primarily provides foraging and overwinter habitat, and connectivity between the bull trout local populations in this area, as well as a migratory corridor for movement to downstream portions of the Salmon River. The uppermost 31 km (19 mi) above the confluence with Alturas Lake Creek also supports spawning and rearing. All other stream segments in this CHSU are tributaries of the Salmon River and primarily provide spawning and rearing habitat.
(B) Morgan Creek from its confluence with the Salmon River upstream 31.7 km (19.7 mi) to its headwaters and extending up the following tributaries: West Fork Morgan Creek for a distance of 14.2 km (8.8 mi); Lick Creek for a distance of 9.4 km (5.8 mi); Van Horn Creek for a distance of 9.6 km (6.0 mi); Corral Creek for a distance of 12.7 km (7.9 mi) and extending 5.5 km (3.4 mi) up an unnamed tributary that enters Corral Creek from the east; and Alder Creek for a distance of 4.4 km (2.7 mi).
(C) Challis Creek from its confluence with the Salmon River upstream 22.6 km (14.0 mi) to its headwaters and extending up the following tributaries: Mill Creek for a distance of 23.9 km (14.8 mi); Bear Creek for a distance of 8.9 km (5.5 mi); and Lodgepole Creek for a distance of 6.4 km (4.0 mi).
(D) Garden Creek from its confluence with the Salmon River upstream 22.6 km (14.0 mi) to its headwaters.
(E) East Fork Salmon River from its confluence with the Salmon River upstream 58.2 km (36.1 mi) to its headwaters and extending up the following tributaries: Herd Creek for a distance of 14.3 km (8.9 mi) and extending 4.2 km (2.6 mi) up East Pass Creek, 10 km (6.2 mi) up East Fork Herd Creek, 9.4 km (5.8 mi) up West Fork Herd Creek and 2.8 km (1.7 mi) up Meridian Creek; Big Boulder Creek for a distance of 18.9 km (11.7 mi); Little Boulder Creek for a distance of 10.1 km (6.3 mi); Wickiup Creek for a distance of 10.8 km (6.7 mi); Germania Creek for a distance of 23.4 km (14.5 mi) and extending up Chamberlain Creek for 8.3 km (5.2 mi); Bowery Creek for a distance of 8.0 km (5 mi) and extending 6.5 km (4.0 mi) up Long Tom Creek and 3.9 km (2.4 mi) up North Fork Bowery Creek; West Pass Creek for a distance of 13.5 km (8.4 mi) and extending 4.8 km (3.0 mi) up Roaring Creek; Ibex Creek for a distance of 6.1 km (3.8 mi); West Fork East Fork Salmon River for a distance of 8.6 km (5.3 mi); and South Fork East Fork Salmon River for a distance of 10.1 km (6.3 mi).
(F) Kinnikinic Creek from its confluence with the Salmon River upstream 13.8 km (8.6 mi) to its headwaters.
(G) Squaw Creek from its confluence with the Salmon River upstream 25.7 km (16.0 mi) to its headwaters and extending 8.3 km (5.2 mi) up Martin Creek and 5.2 km (3.2 mi) up Willow Creek.
(H) Thompson Creek from its confluence with the Salmon River upstream 19.6 km (12.2 mi) to its headwaters.
(I) Slate Creek from its confluence with the Salmon River upstream 13.3 km (8.3 mi) to its headwaters and extending 8.4 km (5.2 mi) up Silver Rule Creek and 5.9 km (3.7 mi) up Livingston Creek.
(J) Warm Springs Creek from its confluence with the Salmon River upstream 34.4 km (21.4 mi) to its headwaters and extending 9.1 km (5.7 mi) up Martin Creek, and 1.2 km (0.7 mi) up Pigtail Creek.
(K) Yankee Fork Salmon River from its confluence with the Salmon River upstream 46.7 km (29.0 mi) to its headwaters and extending up the following tributaries: West Fork Yankee Fork for a distance of 21.1 km (13.1 mi) and extending 6.5 km (4.0 mi) up Deadwood Creek, 12.7 km (7.9 mi) up Lightning Creek, and 8.3 km (5.2 mi) up Cabin Creek; Jordan Creek for a distance of 12.6 km (7.8 mi); Fivemile Creek for a distance of 7.6 km (4.7 mi); Sixmile Creek for a distance of 7 km (4.3 mi); Eightmile Creek for a distance of 10.8 km (6.7 mi); Ninemile Creek for a distance of 4.5 km (2.8 mi); Tenmile Creek for a distance of 6.7 km (4.2 mi); Elevenmile Creek for a distance of 4.6 km (2.9 mi); Twelvemile Creek for a distance of 5.8 km (3.6 mi); and McKay Creek for a distance of 7.5 km (4.7 mi) and extending 4.4 km (2.7 mi) up an unnamed tributary that enters McKay Creek from the south.
(L) Basin Creek from its confluence with the Salmon River upstream 23.4 km (14.5 mi) to its headwaters and extending up the following tributaries: East Basin Creek for a distance of 10.1 km (6.3 mi) and extending 3.3 km (2.0 mi) up an unnamed tributary that enters East Basin from the northwest; Short Creek for a distance of 3 km (1.9 mi); and Sunday Creek for a distance of 5.7 km (3.5 mi).
(M) Valley Creek from its confluence with the Salmon River upstream 39.6 km (24.6 mi) to a headwater lake and extending up the following tributaries: Goat Creek for a distance of 8.3 km (5.2 mi); Iron Creek for a distance of 10.1 km (6.3 mi); Crooked Creek for a distance of 6.1 km (3.8 mi); Job Creek for a distance of 0.1 km (0.06 mi); Elk Creek for a distance of 20.2 km (12.5 mi); Meadow Creek for a distance of 4 km and extending 8.8 km (5.5 mi) up Trap Creek; East Fork Valley Creek for a distance of 7.5 km (4.7 mi); and Prospect Creek for a distance of 4.7 km (2.9 mi).
(N) Redfish Lake Creek from its confluence with the Salmon River upstream 4.2 km (2.6 mi) to Little Redfish Lake and including: Little Redfish Lake (26 ha (64 ac)); Redfish Lake (612 ha (1,512 ac)); Redfish Lake Creek for 0.2 km (0.1 mi) upstream of Redfish Lake; and Fishhook Creek for a distance of 6.6 km (4.1 mi).
(O) Fourth of July Creek from its confluence with the Salmon River upstream 19.9 km (12.4 mi) to its headwaters.
(P) Alturas Lake Creek from its confluence with the Salmon River upstream 12.5 km (7.8 mi) to Alturas Lake and including the following tributaries and lakes: Yellowbelly Creek for 3.5 km (2.2) from Alturas Lake Creek upstream to Yellowbelly Lake and for 5.4 km (3.4 mi) from Yellowbelly Lake upstream to Farley Lake outlet; Yellowbelly Lake (79 ha (195 ac)); Pettit Lake Creek for 1.9 km (1.2 mi) between Alturas Lake Creek and Pettit Lake and for 3.1 km (1.9 mi) upstream of Pettit Lake; Pettit Lake (152 ha (376 ac)); Cabin Creek for 4.0 km (2.5 mi) from Alturas Lake Creek to its headwaters; Alturas Lake (334 ha (825 ac)); Alturas Lake Creek from Alturas Lake upstream 13.4 km (8.3 mi) to its headwater; Alpine Creek for 8.6 km (5.3 mi) from Alturas Lake Creek to its headwaters; Pole Creek from its confluence with the Salmon River upstream 16.9 km (10.5 mi) to its headwaters.
(Q) Beaver Creek from its confluence with the Salmon River upstream 14.4 km (8.9 mi) to its headwaters.
(R) Smiley Creek from its confluence with the Salmon River upstream 16.9 km (10.5 mi) to its headwaters.
(S) Frenchman Creek from its confluence with the Salmon River upstream 11.5 km (7.1 mi) to its headwaters.
The Southwest Idaho Unit includes a total of approximately 2,792 km (1,735 mi) of stream in the Boise, Payette, and Weiser River basins (Ada, Adams, Boise, Camas, Canyon, Elmore, Gem, Payette, Valley, and Washington counties) proposed for designation as critical habitat. The Boise River basin contains the Arrowrock, Anderson Ranch, and Lucky Peak critical habitat CHSUs. The Payette River Basin contains the upper South Fork Payette River, Deadwood River, Middle Fork Payette River, North Fork Payette River and Squaw Creek CHSUs; and the Weiser River basin contains the Weiser River CHSU. All proposed critical habitat designations are associated with populations of bull trout identified as essential to recovery in the Draft Recovery Plan (USFWS 2002), and are essential to the conservation of the species.
This CHSU includes the South Fork Boise River watershed upstream of Anderson Ranch Dam. There are 15 local populations identified within this CHSU, all of which are considered essential for recovery of bull trout (USFWS 2002). Approximate landownership is as follows: 87 percent Federal, 11 percent private, 2 percent State. Proposed critical habitat in this CHSU includes the 1,865 ha (4,608 ac) Anderson Ranch Reservoir. Critical habitat within the Anderson Ranch CHSU includes the stream segments and water body described below that provide FMO habitat, and allow for the maintenance of genetic exchange by local and potential local populations both within and between CHSUs.
(A) South Fork Boise River from the Anderson Ranch CHSU boundary 8.7 km (5.4 mi) downstream of Anderson Ranch Reservoir upstream to and including the Reservoir, and upstream 77.6 km (48.2 mi) to the point 6.4 km (4.0 mi) above the confluence with Bear Creek is migratory habitat (Partridge
(B) Feather River from the confluence with South Fork Boise River upstream 10.3 km (6.4 mi) to the confluence of Feather River and Elk Creek is suspected to provide bull trout FMO habitat, as well as to support bull trout spawning and early rearing (C. Reighn, USFWS,
(C) Elk Creek from the confluence with the Feather River upstream 11.4 km (7.1 mi) to the headwaters of Elk Creek is spawning and early rearing habitat (Corley 1997; BNF, unpublished 2002). East Fork Elk Creek from the confluence with Elk Creek upstream 4.7 km (2.9 mi) to the headwaters of East Fork Elk Creek is spawning and early rearing habitat (C. Reighn, USFWS,
(D) Willow Creek from the confluence with the South Fork Boise River upstream 19.3 km (12.0 mi) to the headwaters of Willow Creek is spawning and early rearing habitat (Corley 1997; Partridge
(E) Big Water Gulch from the confluence with the South Fork Boise River upstream 10.2 km (6.3 mi) to the headwaters of Big Water Gulch is spawning and early rearing habitat (Corley 1997; BNF, unpublished 2002).
(F) Deadwood Creek from the confluence with the South Fork Boise River upstream 6.9 km (4.3 mi) to the headwaters of Deadwood Creek is known to support bull trout spawning and early rearing (Corley 1997; BNF, unpublished 2002).
(G) Skeleton Creek from the confluence with South Fork Boise River upstream 15.0 km (9.3 mi) to the
(H) Boardman Creek from the confluence with South Fork Boise River upstream 14.4 km (8.9 mi) to the headwaters is spawning and early rearing habitat (Corley 1997; BNF, unpublished 2002; (Partridge
(I) Big Smoky Creek from the confluence with South Fork Boise River upstream 18.1 km (11.3 mi) to the confluence of Big Smoky Creek and North Fork Big Smoky Creek is known to provide bull trout FMO habitat (Partridge
(J) Bear Creek from the confluence with South Fork Boise River upstream 10.1 km (6.3 mi) to the headwaters, and Goat Creek from the confluence with Bear Creekupstream 2.8 km (1.8 mi) to the headwaters are bull trout spawning and early rearing habitat (Corley 1997; Partridge
(K) Emma Creek from the confluence with South Fork Boise River upstream 9.5 km (5.9 mi) to the headwaters of Emma Creek is known to support bull trout spawning and early rearing (Corley 1997; Partridge
(L) Ross Fork Creek from the confluence with South Fork Boise River upstream 6.0 km (3.7 mi) to the headwaters, Little Bear Creek from the confluence with Ross Fork Creek upstream 5.4 km (3.3 mi) to the headwaters (Partridge
(M) Johnson Creek from the confluence with South Fork Boise River upstream 11.9 km (7.4 mi) to the headwaters, and Vienna Creek from the confluence with Johnson Creek upstream 6.1 km (3.8 mi) to the headwaters are bull trout spawning and early rearing habitat (Corley 1997; Partridge
The Arrowrock CHSU includes the Boise River watersheds upstream of Arrowrock Dam, including the North Fork Boise River, Middle Fork Boise River, and South Fork Boise River downstream of Anderson Ranch Dam. There are 15 local populations identified within the Arrowrock CHSU. Landownership in this CHSU is approximately as follows: 91 percent Federal (USFS, BLM, BOR), 6 percent private, and 3 percent State. Proposed critical habitat includes Arrowrock Reservoir (3,489 ha (8,617 ac).
(A) Arrowrock Reservoir provides bull trout FMO habitat (Flatter 1998; Salow 2001), as does the South Fork Boise River from Arrowrock Reservoir upstream 39.0 km (24.2 mi) to Anderson Ranch Dam (Flatter 1998).
(B) Rattlesnake Creek from the confluence of Rattlesnake Creek and South Fork Boise River upstream 26.4 km (16.4 mi) to the headwaters (Flatter 1998; BNF, unpublished 2002), and Russell Gulch from the confluence of Russell Gulch and Rattlesnake Creek upstream 4.0 km (2.5 mi) to the headwaters comprise bull trout spawning and early rearing habitat (Steed
(C) Sheep Creek from the confluence of Sheep Creek and the Boise River upstream 6.9 km (4.3 mi) to the confluence of Sheep Creek and Devils Creek is FMO habitat (Flatter 1998). Sheep Creek from the confluence of Sheep Creek and Devils Creek upstream to the headwaters is spawning and early rearing habitat (BNF, unpublished 2002). Devils Creek from the confluence of Devils Creek and Sheep Creek upstream 5.88 km (3.8 mi) to the headwaters is known to support bull trout spawning and early rearing (Steed
(D) Middle Fork Boise River from the confluence with the Boise River upstream 55.1 km (34.2 mi) is bull trout FMO habitat (Flatter 1998; Salow 2001). Middle Fork Boise River from the confluence of Middle Fork Boise River and Yuba River upstream 24.1 km (15.0 mi) to the headwaters. This reach contains primary constituent elements for bull trout (BNF, unpublished 2002), has recently been occupied by bull trout due to the installation of a fish ladder completed in 1999 (B. Flatter, IDFG, pers. comm., 2002), and provides for population expansion essential to conservation of the species (USFWS 2002).
(E) Roaring River from the confluence of Roaring River and Middle Fork Boise River upstream to the headwaters support bull trout spawning and early rearing (Flatter 1998; BNF, unpublished 2002). East Fork Roaring River from the confluence of East Fork Roaring River and Roaring River upstream 12.0 km (7.4 mi) to the headwaters (Flatter 1998; BNF, unpublished 2002), and Middle Fork Roaring River from the confluence of Middle Fork Roaring River and East Fork Roaring River upstream 8.6 km (5.4 mi) to the headwaters constitute spawning and early rearing habitat (Steed
(F) Buck Creek from the confluence of Buck Creek and the Middle Fork Boise River upstream 11.6 km (7.2 mi) to the headwaters is spawning and early rearing habitat (Steed
(G) Black Warrior Creek from the confluence of Black Warrior Creek and the Middle Fork Boise River upstream 18.8 km (11.6 mi) (BNF, unpublished 2002), and West Warrior Creek from the confluence of West Warrior Creek and Black Warrior Creek upstream 8.6 km (5.3 mi) to the headwaters (Steed
(H) Bald Mountain Creek from the confluence with the Middle Fork Boise River upstream 10.0 km (6.2 mi) to the headwaters is essential habitat for expanding distribution of bull trout (USFWS 2002), and is also recently known to support bull trout spawning and early rearing (BNF, unpublished 2002).
(I) Queens River from the confluence of Queens River and the Middle Fork Boise River upstream 23.4 km (14.6 mi) to the headwaters (Flatter 1998; Steed
(J) Yuba River from the confluence of the Yuba River and Middle Fork Boise River upstream 14.0 km (8.7 mi) to the headwaters, Decker Creek from the confluence of Decker Creek and the Yuba River upstream 12 km (7.5 mi) to the headwaters, and Grouse Creek from the confluence of Grouse Creek and Decker Creek upstream 5.7 km (3.5 mi) upstream to the headwaters are known to support bull trout spawning and early rearing (BNF, unpublished 2002). Sawmill Creek from the confluence of Sawmill Creek and Grouse Creek upstream 6.5 km (4.1 mi) to the headwaters is also spawning and early rearing habitat (BNF, unpublished 2002).
(K) Trail Creek from the confluence with the Yuba River upstream 7.5 km (4.7 mi) to the headwaters is known to support bull trout spawning and early rearing (BNF, unpublished 2002).
(L) Mattingly Creek from the confluence with the Middle Fork Boise River upstream 9.7 km (6.0 mi) to the headwaters is known to contain primary constituent elements as identified for bull trout (BNF, unpublished 2002) and is essential to provide for the conservation of bull trout (USFWS 2002).
(M) North Fork Boise River from the confluence with the Middle Fork Boise River upstream 57.8 km (35.9 mi) to the confluence with Johnson Creek provides FMO habitat (Flatter 1998; BNF, unpublished 2002). Rabbit Creek from the confluence with the North Fork Boise River upstream 1.3 km (0.8 mi) to the confluence with First Creek and Hungarian Creek from the confluence with the North Fork Boise River upstream 0.8 km (0.5 mi) provide thermal refugia habitat for migratory bull trout in the North Fork Boise River (Flatter 1998; BNF, unpublished 2002).
(N) North Fork Boise River from the confluence with Johnson Creek upstream 7.0 km (4.3 mi) provides FMO and spawning and early rearing habitat (Flatter 1998; BNF, unpublished 2002); from the confluence of the North Fork Boise River and Big Silver Creek upstream to the headwaters supports spawning and early rearing (BNF, unpublished 2002). Crooked River from the confluence with the North Fork Boise River upstream 26.5 km (16.4 mi) to the confluence of Crooked River and an unnamed creek 2.5 km (1.6 mi) upstream of Willow Creek, and Ski Creek from the confluence with the Crooked River upstream 3.6 km (2.2 mi) to the headwaters provide habitat essential to provide for the recovery of bull trout (USFWS 2002), and are also recently known to provide bull trout FMO habitat, as well as to support spawning and early rearing (Salow 2001; BNF, unpublished 2002). Crooked River from the confluence with an unnamed creek 2.5 km (1.6 mi) upstream of Willow Creek upstream to the headwaters provides spawning and early rearing habitat (Salow 2001; BNF, unpublished 2002). Pikes Fork Creek from the confluence with the Crooked River upstream 14.1 km (8.8 mi) to the headwaters and Banner Creek from the confluence with Pikes Fork Creek upstream 1.9 km (1.2 mi) are recently known to support bull trout spawning and early rearing (Steed
(O) Bear River from the confluence with the North Fork Boise River upstream 6.2 km (3.8 mi) to the confluence of Bear River and Bear Creek provides both FMO and spawning and early rearing habitat (Flatter 1998). Bear River from the confluence with Bear Creek upstream 15.9 km (9.9 mi), and Louise Creek from the confluence with Bear River upstream 3.4 km (2.1 mi) to the headwaters, support bull trout spawning and early rearing (Steed
(P) Trail Creek from the confluence with the North Fork Boise River
(Q) Lodgepole Creek from the confluence with the North Fork Boise River upstream 5.6 km (3.5 mi) to the headwaters provides spawning and early rearing habitat (Flatter 1998; Salow 2001; BNF, unpublished 2002).
(R) Johnson Creek from the confluence with the North Fork Boise River upstream 20.0 km (12.4 mi) to the headwaters provides spawning and early rearing habitat (Flatter 1998; Salow 2001; BNF, unpublished 2002).
(S) Big Silver Creek from the confluence with the North Fork Boise River upstream 7.0 km (4.3 mi) to the headwaters, and Little Silver Creek from the confluence with Big Silver Creek upstream 4.1 km (2.6 mi) to the headwaters, provide spawning and early rearing habitat (Salow 2001; BNF, unpublished 2002).
(T) Cow Creek from the confluence with the North Fork Boise River upstream 7.5 km (4.6 mi) to the headwaters is bull trout spawning and early rearing habitat (BNF, unpublished 2002).
(U) Ballentyne Creek from the confluence with the North Fork Boise River upstream 9.9 km (6.2 mi) to the headwaters of Ballentyne Creek provides spawning and early rearing habitat (Flatter 1998; Salow 2001; BNF, unpublished 2002).
(V) West Fork Creek from the confluence with the North Fork Boise River upstream 3.3 km (2.1 mi) to the headwaters supports bull trout spawning and early rearing (BNF, unpublished 2002).
(W) McLeod Creek from the confluence with the North Fork Boise River upstream 5.9 km (3.6 mi) to the headwaters provides spawning and early rearing habitat (Flatter 1998; BNF, unpublished 2002).
(X) McPhearson Creek from the confluence with the North Fork Boise River upstream 5.5 km (3.4 mi) to the headwaters provides bull trout spawning and early rearing habitat (BNF, unpublished 2002).
The Lucky Peak CHSU includes Lucky Peak Reservoir and tributaries entering it, namely the Mores Creek watershed. Migratory bull trout in Lucky Peak Reservoir are entrained from Arrowrock Dam, and some may also be produced in the Mores Creek watershed. Bull trout were located in Mores Creek in 2000 (T. Burton, BNF,
(A) Lucky Peak Reservoir (3,234 ha (7,911 ac)) and Mores Creek from its mouth in Lucky Peak Reservoir upstream approximately 55 km (34 mi) to a culvert on Highway 21 where Hayfork Creek enters the system provide FMO habitat (BOR 2000; H. Roerick, USFS, pers. comm., 2002). Mores Creek from this point upstream 7 km (4.4 mi) to the headwaters supports bull trout spawning and early rearing (BNF, unpublished 2002).
This CHSU includes all watersheds in the Deadwood River drainage upstream of Deadwood Dam. There are five local and seven potential local populations identified within this CHSU. Approximate landownership is as follows: 95 percent Federal and 5 percent private.
(A) Deadwood Reservoir (1,640 ha (4,054 ac)) provides FMO habitat (Allen 1998). The Deadwood River from Deadwood Dam upstream 40 km (25 mi) to the confluence with the East Fork Deadwood River provides FMO habitat.
(B) Trail Creek from the confluence with the Deadwood River upstream 13 km (8 mi) to the headwaters and Daisy Creek from the confluence with Trail Creek upstream 4.9 km (3 mi) to the headwaters provide bull trout spawning and early rearing habitat (Allen 1998; Jimenez and Zaroban 1998; Burton 1999a; BNF, unpublished 2002).
(C) South Fork Beaver Creek from the confluence with the Deadwood River upstream 6 km (3.8 mi) to the headwaters is habitat essential to providing for the recovery of bull trout (USFWS 2002), and has recently been found to provide spawning and early rearing habitat (Allen 1998; BNF, unpublished 2002). An unnamed creek from the confluence with South Fork Beaver Creek (at approximately 2.8 km (1.7 mi) upstream of the confluence of South Fork Beaver Creek with the Deadwood River) upstream 4.4 km (2.7 mi) to the headwaters is known to contain primary constituent elements as identified for bull trout (Jimenez and Zaroban 1998; Burton 1999a) and is habitat necessary to provide for expansion of bull trout populations necessary for recovery (USFWS 2002).
(D) Beaver Creek from the confluence with the Deadwood River upstream 7.8 km (4.9 mi) to the headwaters provides spawning and early rearing habitat (Allen 1998). An unnamed creek from the confluence with Beaver Creek (2.8 km (1.7 mi) upstream of the confluence of Beaver Creek with the Deadwood River) upstream 3.5 km (2.2 mi) to the headwaters is habitat necessary to provide for expansion of bull trout populations necessary for recovery (USFWS 2002), and is known to contain primary constituent elements as identified for bull trout (Jimenez and Zaroban 1998; Burton 1999a).
(E) Habit Creek from the confluence with Beaver Creek upstream 6 km (3.7 mi) to the headwaters is habitat essential to providing for the recovery of bull trout (USFWS 2002), and has also recently been found to currently provide spawning and early rearing habitat (Allen 1998).
(F) Basin Creek from the confluence with Beaver Creek upstream 3 km (1.9 mi) to the headwaters provides spawning and rearing habitat.
(G) Wild Buck Creek from the confluence with the Deadwood River upstream 6.3 km (3.9 mi) to the headwaters provides spawning and early rearing habitat (Allen 1998; Jimenez and Zaroban 1998; Burton 1999a; BNF, unpublished 2002).
(H) Deer Creek from the confluence with the Deadwood River upstream 16.5 km (10 mi) to the headwaters contains spawning and early rearing habitat (Allen 1998; Jimenez and Zaroban 1998; Burton 1999a; BNF, unpublished 2002). An unnamed creek from the confluence with Deer Creek (3.3 km (2.0 mi) upstream of the confluence of Deer Creek with the Deadwood River) upstream 2.0 km (1.3 mi) to the headwaters provides bull trout spawning and early rearing habitat (BNF, unpublished 2002). An unnamed creek from the confluence with Deer Creek (5.8 km (3.6 mi) upstream of the confluence of Deer Creek with the Deadwood River) upstream 2.0 km (1.3 mi) to the headwaters provides spawning and rearing habitat (BNF, unpublished 2002). North Fork Deer Creek from the confluence with Deer Creek upstream 5.5 km (3.4 mi) to the headwaters contains spawning and early rearing habitat (Allen 1998; Jimenez and Zaroban 1998; Burton 1999a; BNF, unpublished 2002). An unnamed creek from the confluence with Deer Creek (7.8 km (4.8 mi) upstream of the confluence of Deer Creek with the Deadwood River) upstream 1.8 km (1.1 mi) to the headwaters supports spawning and rearing habitat (Jimenez and Zaroban 1998; Burton 1999a; BNF, unpublished 2002).
(I) Goat Creek from the confluence with the Deadwood River upstream 6.4 km (4.0 mi) to the headwaters provides spawning and early rearing habitat (BNF, unpublished 2002) and is habitat essential to the conservation of bull trout (USFWS 2002).
(J) Bitter Creek from the confluence with the Deadwood River upstream 6.0 km (3.7 mi) to the headwaters is habitat necessary to provide for expansion of bull trout populations (USFWS 2002), and is known to contain primary constituent elements for bull trout (Jimenez and Zaroban 1998; Burton 1999a).
(K) Stratton Creek from the confluence with the Deadwood River upstream 5.3 km (3.3 mi) to the headwaters provides spawning and early rearing habitat (Allen 1998) and is essential to the conservation of bull trout (USFWS 2002).
(L) East Fork Deadwood River from the confluence with the Deadwood River upstream 0.4 km (0.2 mi) to a waterfall barrier is habitat necessary to provide for expansion of bull trout populations (USFWS 2002), and is known to contain primary constituent elements for bull trout (Jimenez and Zaroban 1998; Burton 1999a).
This CHSU includes the watersheds upstream from the confluence with the Payette River. There are one local and five potential local populations identified within the Middle Fork Payette River CHSU. Approximate landownership in this CHSU is as follows: 90 percent Federal, 7 percent private, and 3 percent State.
(A) The Middle Fork Payette River from its confluence with the South Fork Payette River upstream 56.3 km (35.0 mi) to the confluence with Bull Creek provides FMO habitat (Jimenez and Zaroban 1998). Middle Fork Payette River from the confluence with Bull Creek upstream 6.8 km (4.2 mi) to the confluence with Ligget Creek provides FMO habitat and may provide spawning and rearing habitat (Jimenez and Zaroban 1998; USFS 2000b, 2002; J. Roy, USFWS,
(B) Lightning Creek from the confluence with the Middle Fork Payette River upstream 21.7 km (13.4 mi) to the headwaters, and Onion Creek from the confluence with Lightning Creek upstream 7.9 km (4.9 mi) to the headwaters of Onion Creek is known to contain primary constituent elements for bull trout (Jimenez and Zaroban 1998; USFS 2000b), and is essential to habitat to provide for expansion of populations essential to the conservation of the species (USFWS 2002).
(C) Silver Creek from the confluence with the Middle Fork Payette River upstream to the headwaters; Peace Creek from the confluence with Silver Creek upstream 6.8 km (4.2 mi) to the headwaters; Valley Creek from the confluence with Peace Creek upstream 8.5 km (5.3 mi) to the headwaters; Ucon Creek from the confluence with Silver Creek upstream 5.0 km (3.1 mi) to the headwaters, and Long Fork Silver Creek from the confluence with Silver Creek upstream 8.5 km (5.3 mi), all are known to contain primary constituent elements for bull trout (Jimenez and Zaroban 1998; USFS 2000b) and are required for expanded bull trout populations that are essential to the conservation of the species (USFWS 2002).
(D) Bull Creek from the confluence with the Middle Fork Payette River upstream 19.5 km (12 mi) to the headwaters provides FMO habitat in the lower reaches and spawning and rearing habitat in the upper areas (Jimenez and Zaroban 1998; USFS 2000b, 2002; J. Roy,
The Weiser River CHSU in Washington and Adams counties in southwestern Idaho includes all watersheds upstream of and including the Little Weiser River watershed. There are five local and seven potential local populations identified within the CHSU. Approximate landownership in the CHSU is as follows: 53 percent Federal, 39 percent private, and 8 percent State.
(A) The Weiser River from the confluence with the Little Weiser River upstream 64.5 km (40.0 mi) to the confluence of the East Fork Weiser River provides connectivity between the Upper Hornet Creek and East Fork Weiser River local populations, and the Pine Creek, Rush Creek, West Fork Weiser River, and Lost Creek potential local populations. The Little Weiser River from the confluence with the Weiser River upstream 55.6 km (34.5 mi) to the confluence with Anderson Creek provides connectivity between the Upper Little Weiser River, Anderson Creek, and Sheep Creek local populations, and the Weiser River and its associated local and potential local populations. The upper Little Weiser River from the confluence with Anderson Creek upstream 16.2 km (10.0 mi) to the headwaters support bull trout spawning and early rearing (DuPont and Kennedy 2000).
(B) Anderson Creek from the confluence with the Little Weiser River upstream 11.2 km (7.0 mi) to the headwaters provides spawning and early rearing habitat (Adams 1994; DuPont and Kennedy 2000).
(C) Sheep Creek from the confluence with Anderson Creek upstream 16.2 km (10.0 mi) to the headwaters provides spawning and early rearing habitat (Adams 1994; DuPont and Kennedy 2000).
(D) East Fork Pine Creek from the confluence with Pine Creek upstream 17.1 km (10.6 mi) to the headwaters contains primary constituent elements for bull trout (DuPont and Kennedy 2000; McGee
(E) Rush Creek from the confluence with the Weiser River upstream 30.0 km (18.6 mi) to the headwaters contains primary constituent elements for bull trout (Veach
(F) The Middle Fork Weiser River from its confluence with the Weiser River upstream 40.9 km (25.4 mi) contains primary constituent elements for bull trout, although brook trout presence is problematic (D. Burns, USFS, pers. comm., 2002), and is essential to provide for the recovered distribution of bull trout (USFWS 2002).
(G) Hornet Creek from the confluence with the Weiser River upstream 24.7 km (15.3 mi) to the confluence with Disappointment Creek is suspected to provide FMO habitat (J. DuPont, Idaho Department of Lands,
(H) West Fork Weiser River from the confluence with the Weiser River upstream 13.8 km (8.6 mi) to the confluence with Lost Creek is essential habitat for providing connectivity within the Weiser River CHSU (USFWS 2002). Above this point, upstream to the headwaters is habitat known to contain primary constituent elements for bull trout (DuPont and Kennedy 2000; McGee
(I) Lost Creek from the confluence with the West Fork Weiser River upstream 34.5 km (21.5 mi) to the headwaters is habitat essential to provide for the recovered distribution of bull trout (USFWS 2002), and is known to contain primary constituent elements as identified for bull trout (DuPont and Kennedy 2000; D. Olson, USFS, pers. comm., 2002). Lost Valley Reservoir (296 ha; 732 ac) provides connectivity between potential spawning and rearing habitats; bull trout are not known to currently occupy the reservoir.
(J) East Fork Weiser River from the confluence with the Weiser River upstream 24.6 km (15.3 mi) to the headwaters is spawning and rearing habitat (Adams 1994; DuPont and Kennedy 2000; McGee
The Upper South Fork Payette River CHSU in Boise and Valley counties in southwestern Idaho includes all watersheds upstream of Big Falls on the South Fork Payette River, including the Deadwood River drainage downstream of Deadwood Dam. There are nine local populations identified within this CHSU. Approximate landownership in the CHSU is as follows: nearly 100 percent Federal, and less than 1 percent private.
(A) The South Fork Payette River from its confluence with the Middle Fork Payette River upstream 96.8 km (60.1 mi) to the confluence with Baron Creek provides FMO habitat and connectivity between the Scott Creek, Whitehawk Creek, Clear Creek, Eightmile Creek, Wapiti Creek, Canyon Creek, Tenmile Creek, Chapman Creek, and Upper South Fork Payette River local populations, as well as a migratory connection between populations in the South Fork Payette River and Middle Fork Payette River CHSUs (Jimenez and Zaroban 1998; USFS 1999c; Stovall 2001; J. Jimenez, USFS, pers. comm., 2002). Deadwood River from the confluence with the South Fork Payette River upstream 36.6 km (22.7 mi) to Deadwood Dam provides FMO habitat and connectivity between other local populations (Jimenez and Zaroban 1998; USFS 1999c; Stovall 2001). South Fork Payette River from the confluence with Baron Creek upstream 8.5 km (5.2 mi) to the confluence of South Fork Payette River and an unnamed creek provides FMO habitat, and may also support bull trout spawning and early rearing. (Jimenez and Zaroban 1998; USFS 1999c). South Fork Payette River from point upstream 14.5 km (9.0 mi) to the confluence with Benedict Creek contains spawning and early rearing habitat (Jimenez and Zaroban 1998; USFS 1999c; BNF, unpublished 2002). Baron Creek from the confluence with the South Fork Payette River upstream 12.3 km (7.6 mi) to the confluence with an unnamed creek provides spawning and early rearing habitat (Jimenez and Zaroban 1998; USFS 1999c; BNF, unpublished 2002). North Fork Baron Creek from the confluence with Baron Creek upstream 2.7 km (1.7 mi) contains spawning and early rearing habitat (Jimenez and Zaroban 1998; USFS 1999c; BNF, unpublished 2002).
(B) Scott Creek from the confluence with Deadwood River upstream 12.2 km (7.6 mi) to the headwaters provides FMO habitat in the lower reaches (USFS 1999c; Jimenez and Zaroban 1998), and spawning and early rearing habitat in the upper reaches (Jimenez and Zaroban 1998; USFS 1999c; BNF, unpublished 2002). South Fork Scott Creek from the confluence with Scott Creek upstream 5.7 km (3.5 mi) to the headwaters provides spawning and early rearing habitat (Jimenez and Zaroban 1998; USFS 1999c; BNF, unpublished 2002).
(C) Ninemile Creek from the confluence with the Deadwood River upstream 9.2 km (5.7 mi) is known to contain primary constituent elements for bull trout (Jimenez and Zaroban 1998; USFS 1999c) and is essential to provide for the recovered distribution of bull trout (USFWS 2002).
(D) An unnamed creek from its confluence with the Deadwood River (29.0 km (18.0 mi) upstream of the confluence of the Deadwood River with the South Fork Payette River) upstream 2.2 km (1.3 mi) to the headwaters, No Man Creek from the confluence with the Deadwood River upstream 4.7 km (2.9 mi) to the confluence with an unnamed creek, and another unnamed creek, from the confluence with the Deadwood River (34.0 km (21.1 mi) upstream of the confluence of the Deadwood River with the South Fork Payette River) upstream 1.8 km (1.1 mi) are known to contain primary constituent elements for bull trout (Jimenez and Zaroban 1998; USFS 1999c) and provide habitat essential to the conservation of bull trout (USFWS 2002)
(E) Whitehawk Creek from the confluence with Deadwood River to the confluence of Whitehawk Creek and an unnamed creek 8.3 km (5.2 mi) upstream from the confluence of Whitehawk Creek and Deadwood River (for 8.3 km (5.2 mi)). Whitehawk Creek lies within Valley County. Whitehawk Creek is known to contain primary constituent elements as identified for bull trout (Jimenez and Zaroban 1998; USFS 1999c). North Fork Whitehawk Creek from the confluence with Whitehawk Creek to the headwaters of North Fork Whitehawk Creek (for 5.3 km (3.3 mi)). North Fork Whitehawk Creek lies within Valley County. North Fork Whitehawk Creek is known to contain primary constituent elements as identified for bull trout (Jimenez and Zaroban 1998; USFS 1999c).
(F) Warm Springs Creek from the confluence with the Deadwood River upstream 11.4 km (7.1 mi) to the headwaters provides FMO habitat, and may also support spawning and rearing in the lower reaches, and spawning and rearing habitat in the upper reaches (Jimenez and Zaroban 1998; USFS 1999c; BNF, unpublished 2002). East Fork Warm Springs Creek from the confluence with Warm Springs Creek upstream 8.8 km (5.5 mi) to the headwaters provides spawning and rearing habitat (Jimenez and Zaroban 1998; USFS 1999c; BNF, unpublished 2002). An unnamed creek from the confluence with East Fork Warm Springs Creek (5.0 km (3.1 mi) upstream of the confluence of East Fork Warm Springs Creek with Warm Springs Creek) upstream 1.9 km (1.2 mi) to the headwaters contains spawning and rearing habitat (Jimenez and Zaroban 1998; USFS 1999c; BNF, unpublished 2002). Middle Fork Warm Springs Creek from the confluence with Warm Springs Creek upstream 4.3 km (2.7 mi) to the supports bull trout spawning and earing (Jimenez and Zaroban 1998; USFS 1999c; BNF, unpublished 2002). An unnamed creek from the confluence with Middle Fork Warm Springs Creek (1.8 km (1.1 mi) upstream of the confluence of Middle Fork Warm Springs Creek with Warm Springs Creek) upstream 4.0 km (2.5 mi) to the headwaters supports spawning and early rearing (Jimenez and Zaroban 1998; USFS 1999c; BNF, unpublished 2002).
(G) Wilson Creek from the confluence with Deadwood Reservoir upstream 16.9 km (10.5 mi) to the headwaters contains bull trout primary constituent elements (Jimenez and Zaroban 1998; USFS 1999c), and is essential to provide for the recovered distribution of the species (USFWS 2002).
(H) Clear Creek from the confluence with the South Fork Payette River upstream 12.5 km (7.8 mi) to the confluence with O'Keefe Creek provides FMO habitat (Jimenez and Zaroban 1998; USFS 1999c; Stovall 2001). Clear Creek from the confluence with O'Keefe Creek upstream 18.2 km (11.3 mi) to the confluence of Clear Creek, and an unnamed creek, support bull trout spawning and early rearing (Jimenez and Zaroban 1998; USFS 1999c; BNF, unpublished 2002). Long Creek from the confluence with Clear Creek upstream 5.1 km (3.2 mi) to the confluence with an unnamed creek contains bull trout primary constituent elements (Jimenez and Zaroban 1998; USFS 1999c), and is essential to provide for the recovered distribution of the species (USFWS 2002). An unnamed creek 5.1 km (3.2 mi) upstream from the confluence with Long Creek, and Clear Creek upstream 1.7 km (1 mi) to the headwaters contains bull trout primary constituent elements (Jimenez and Zaroban 1998; USFS 1999c), and is essential to provide for the recovered distribution of the species (USFWS 2002). South Fork Clear Creek from the confluence with Clear Creek upstream 7.5 km (4.7 mi) to the headwaters supports bull trout spawning and early rearing (Jimenez and Zaroban 1998; USFS 1999c; BNF, unpublished 2002).
(I) Kettle Creek from the confluence with the South Fork Payette River upstream 5.2 km (3.3 mi) to the headwaters provides spawning and rearing habitat (BNF, unpublished 2002).
(J) Eightmile Creek from the confluence with the South Fork Payette River upstream 7.4 km (4.6 mi) to the confluence with an unnamed creek provides FMO habitat (Jimenez and Zaroban 1998; USFS 1999c); above this point upstream to the headwaters contains spawning and rearing habitat (Jimenez and Zaroban 1998; USFS 1999c; BNF, unpublished 2002). East Fork Eightmile Creek from the confluence with Eightmile Creek upstream to the confluence with an unnamed creek 4.2 m (2.6 mi) from the confluence of East Fork Eightmile Creek with Eightmile Creek provides FMO habitat (Jimenez and Zaroban 1998; USFS 1999c). East Fork Eightmile Creek from this point upstream to the headwaters contains bull trout primary constituent elements (Jimenez and Zaroban 1998; USFS 1999c), and is essential to provide for the recovered distribution of the species (USFWS 2002). An unnamed creek from the confluence with Eightmile Creek (4.5 km (2.8 mi) upstream of the confluence of Eightmile Creek with the South Fork Payette River) upstream 4.8 km (3.0 mi) to the headwaters contains bull trout primary constituent elements (Jimenez and Zaroban 1998; USFS 1999c), and is essential to provide for the recovered distribution of the species (USFWS 2002). Another unnamed creek from its confluence with Eightmile Creek (7.3 km (4.5 mi) upstream of the confluence of Eightmile Creek with the South Fork Payette River) upstream 3.7 km (2.3 mi) to the headwaters provides spawning and early rearing habitat (Jimenez and Zaroban 1998; USFS 1999c; BNF, unpublished 2002). Another unnamed creek from the confluence with Eightmile Creek (7.5 km (4.7 mi) upstream of the confluence of Eightmile Creek with the South Fork Payette River) upstream 3.4 km (2.1 mi) to the headwaters contains spawning and early rearing habitat (Jimenez and Zaroban 1998; USFS 1999c; BNF, unpublished 2002)
(K) Tenmile Creek from the confluence with the South Fork Payette River upstream 7.2 km (4.5 mi) to the confluence with an unnamed creek provides FMO habitat (Jimenez and Zaroban 1998; USFS 1999c), and above this point to the headwaters is a combination of FMO and spawning and rearing habitat (Jimenez and Zaroban 1998; USFS 1999c; BNF, unpublished 2002). An unnamed creek from the
(L) Chapman Creek from the confluence with the South Fork Payette River upstream 6.1 km (3.8 mi) to the headwaters of Chapman Creek supports bull trout spawning and early rearing (Jimenez and Zaroban 1998; USFS 1999c; BNF, unpublished 2002).
(M) Warm Springs Creek from the confluence with the South Fork Payette River upstream 4.8 km (3 mi) to the confluence with Bush Creek provides FMO habitat. Upstream 14.3 km (8.9 mi) of this point to the confluence with Gates Creek is habitat essential to the recovered distribution of bull trout (USFWS 2002), and is known to contain primary constituent elements as identified for bull trout (Jimenez and Zaroban 1998; USFS 1999c). Gates Creek from the confluence with Warm Springs Creek upstream 6.8 km (4.3 mi) to the headwaters is habitat essential to the recovered distribution of bull trout (USFWS 2002), and has recently been found to support bull trout spawning and early rearing (BNF, unpublished 2002).
(N) Canyon Creek from the confluence with the South Fork Payette River upstream 17.1 km (10.6 mi) to the headwaters provides spawning and rearing habitat (BNF, unpublished 2002). South Fork Canyon Creek from the confluence with Canyon Creek upstream 2.4 km (1.5 mi) to the confluence of South Fork Canyon Creek and an unnamed creek supports bull trout spawning and rearing (BNF, unpublished 2002). North Fork Canyon Creek from the confluence with Canyon Creek upstream 1.9 km (1.2 mi) to the confluence with an unnamed creek provides spawning and early rearing habitat (BNF, unpublished 2002). An unnamed creek from the confluence with North Fork Canyon Creek (2 km (1.2 mi) upstream of the confluence of North Fork Canyon Creek with Canyon Creek) upstream 4.6 km (2.8 mi) contains spawning and rearing habitat (Jimenez and Zaroban 1998; USFS 1999c; BNF, unpublished 2002).
(O) Wapiti Creek from the confluence with the South Fork Payette River upstream 5.5 km (3.4 mi) to the confluence of Wapiti Creek and an unnamed creek contains spawning and early rearing habitat (Jimenez and Zaroban 1998; USFS 1999c; BNF, unpublished 2002).
(P) Trail Creek from the confluence with the South Fork Payette River upstream 5.8 km (3.6 mi) to the confluence with an unnamed creek supports bull trout spawning and early rearing (Jimenez and Zaroban 1998; USFS 1999c; BNF, unpublished 2002).
The North Fork Payette River CHSU in Valley County in southwestern Idaho includes the North Fork Payette River watershed upstream of Cascade Dam. There are one local and six potential local populations identified within the North Fork Payette River CHSU, all of which are essential for recovery (USFWS 2002). The CHSU includes 229.76 km (142.77 mi) of streams that are proposed as critical habitat, which represents approximately 17.28 percent of the total stream miles in the North Fork Payette River CHSU. Approximate landownership is as follows: 47 percent Federal, 34 percent private, and 10 percent State. Critical habitat includes all stream segment units described below which provide FMO habitat, and allow for the maintenance of genetic exchange by local and potential local populations both within and between CHSUs.
(A) Gold Fork River from the confluence with Davis Creek upstream 20.2 km (12.5 mi) to the confluence with the North and South Forks Gold Fork River. This reach provides migratory habitat and connectivity between the Gold Fork local population and the Kennally Creek potential local population. South Fork Gold Fork River from the confluence with the Gold Fork River upstream 7.4 km (4.6 mi) to the headwaters provides spawning and rearing habitat (Steed 1999; USFS 2000c). North Fork Gold Fork River from the confluence with the Gold Fork River upstream 15.9 km (9.9 mi) to the headwaters provides spawning and rearing habitat (Steed 1999; USFS 2000c). Foolhen Creek from the confluence with Gold Fork River upstream 8.6 km (5.3 mi) to the headwaters, and Spruce Creek from the confluence with Gold Fork River upstream 2.8 km (1.75 mi) to the headwaters contains bull trout primary constituent elements (Jimenez and Zaroban 1998), and is essential to provide for the recovered distribution of the species (USFWS 2002). Lodgepole Creek from the confluence with Gold Fork River upstream 5.0 km (3.1 mi) to the headwaters and an unnamed creek from the confluence with Gold Fork River (7.8 km (4.8 mi) upstream of the confluence of the North Fork Gold Fork River with Gold Fork River) upstream 3.1 km (1.9 mi) to the headwaters contains bull trout primary constituent elements (Jimenez and Zaroban 1998; USFS 1999c), and is essential to provide for the recovered distribution of the species (USFWS 2002). An unnamed creek from the confluence with the North Fork Gold Fork River (8.6 km (5.3 mi) upstream of the confluence of the North Fork Gold Fork River with Gold Fork River) upstream 2.9 km (1.8 mi) to the headwaters provides spawning and rearing habitat and is suspected to support bull trout spawning and early rearing (Steed 1999; Roy,
(B) Kennally Creek from the confluence with the Gold Fork River upstream 21.3 km (13.2 mi) to the confluence with the North and South Forks, and Rapid Creek from the confluence with Kennally Creek upstream 17.0 km (10.6 mi) to the headwaters contains bull trout primary constituent elements (Jimenez and Zaroban 1998; USFS 1999c), and is essential to provide for the conservation of the species (USFWS 2002).
(C) Cascade Reservoir (7,246 ha (17,905 ac)) will provide FMO habitat for Gold Fork River bull trout, and connectivity between the Gold Fork local population and the Lake Fork, North Fork Lake Fork, and South Fork
(D) North Fork Payette River from the confluence with Cascade Reservoir upstream 1.4 km (0.9 mi) to the confluence with Mud Creek. As recovery actions are implemented, the North Fork Payette River will provide FMO habitat and connectivity between the Gold Fork local population, and the Lake Fork, North Fork Lake Fork, and South Fork Lake Fork potential local populations (USFWS 2002). Lake Fork from the confluence with Mud Creek upstream 68.6 km (42.6 mi) to the confluence with Little Payette Lake. As recovery actions are implemented, this reach will provide FMO habitat and connectivity between the Gold Fork local population, and the Lake Fork, North Fork Lake Fork, and South Fork Lake Fork potential local populations (USFWS 2002). Little Payette Lake (582 ha (1,439 ac)) will provide FMO habitat for Lake Fork, North Fork Lake Fork, and South Fork Lake Fork potential local populations, and will provide connectivity between these potential local populations and the Gold Fork local population as recovery actions are implemented (USFWS 2002). Lake Fork from the confluence with Little Payette Lake upstream 16.9 km (10.5 mi) to the confluence with the North and South Forks Lake Fork provides habitat essential to the recovered distribution for bull trout (USFWS 2002) and is known to contain primary constituent elements as identified for the species (USFS 1998c; 2001c). North Fork Lake Fork from the confluence with Lake Fork upstream 16.3 km (10.1 mi) to the headwaters provides suitable habitat for bull trout spawning and rearing (USFS 1998c, 2001c). South Fork Lake Fork from the confluence with Lake Fork upstream 5.7 km (3.5 mi) to the headwaters contains bull trout primary constituent elements (Jimenez and Zaroban 1998; USFS 1999c), and is essential to provide for the recovered distribution of the species (USFWS 2002).
The Squaw Creek CHSU in Gem, Boise, and Valley counties in southwestern Idaho includes all watersheds in Squaw Creek upstream from its confluence with the Payette River. Bull trout in this CHSU are primarily resident fish, although they have recently been found in the lower reaches of Squaw Creek, suggesting a migratory component (Steed 1999). There are two local and three potential local populations identified within the Squaw Creek CHSU. Approximate landownership is as follows: 48 percent Federal, 47 percent private, and 5 percent State. We are proposing critical habitat designation of 192.41 km (119.56 mi) of stream, which represents approximately 28 percent of the total stream miles in the Squaw Creek CHSU. Critical habitat within the Squaw Creek CHSU includes all stream segment units described below which provide FMO habitat, and allow for the maintenance of genetic exchange by local and potential local populations both within and between CHSUs.
(A) Squaw Creek from its confluence with the Payette River upstream 75.9 km (47.2 mi) to the confluence with Cold Spring Creek provides connectivity between the Squaw Creek and Third Fork Squaw Creek local populations, and the Second Fork Squaw Creek, and Sagehen Creek potential local populations. Squaw Creek from the confluence with Cold Spring Creek upstream 19.1 km (11.9 mi) to the headwaters contains spawning and early rearing habitat (Steed 1999). Pole Creek from the confluence with Squaw Creek upstream 4.1 km (2.5 mi) to the headwaters also provides spawning and rearing habitat (Steed 1999). An unnamed creek from the confluence with Squaw Creek (83.8 km (52.0 mi) upstream of the confluence of Squaw Creek with the Payette River) upstream 2.6 km (1.6 mi) to the headwaters provides spawning and early rearing habitat (Steed 1999). Another unnamed creek from the confluence with Squaw Creek (86.0 km (53.0 mi) upstream of the confluence of Squaw Creek with the Payette River) upstream 3.6 km (2.2 mi) to the headwaters also provides spawning and rearing habitat (Burton 1999b; 1999; Steed 1999). An unnamed creek from the confluence with the previous unnamed creek (0.5 km (0.3 mi) upstream of the confluence of the previous unnamed creek with Squaw Creek) upstream to the headwaters provides habitat essential to the recovered distribution of bull trout (USFWS 2002), and is known to contain primary constituent elements as identified for bull trout (Burton 1999b; Steed 1999). Poison Creek from the confluence with Squaw Creek upstream 2.7 km (1.7 mi) to the headwaters contains bull trout primary constituent elements (Jimenez and Zaroban 1998; USFS 1999c), and is essential to provide for the recovered distribution of the species (USFWS 2002).
(B) Third Fork Squaw Creek from the confluence with Squaw Creek upstream 10.6 km (6.6 mi) to the confluence with an unnamed creek provides FMO habitat (Steed 1999). From this point upstream 6.6 km (4.1 mi) Third Fork Squaw Creek provides spawning and early rearing habitat (Burton 1999b; Steed 1999). An unnamed creek from the confluence with Third Fork Squaw Creek (10.8 km (6.7 mi) upstream of the confluence of Third Fork Squaw Creek with Squaw Creek) upstream 7.3 km (4.5 mi) to the headwaters provides spawning and early rearing habitat (Burton 1999b; Steed 1999). Another unnamed creek from the confluence with the previous unnamed creek (1.8 km (1.1 mi) upstream of the confluence of the previous unnamed creek with Third Fork Squaw Creek) upstream 4.0 km (2.5 mi) to the headwaters also provides spawning and rearing habitat (Burton 1999b). Another unnamed creek from the confluence with the previously described unnamed creek (2.8 km (1.7 mi) upstream of the confluence of the previous unnamed creek with Third Fork Squaw Creek) upstream 1.8 km (1.1 mi) to the headwaters contains bull trout primary constituent elements (Jimenez and Zaroban 1998; USFS 1999c), and is essential to provide for the recovered distribution of the species (USFWS 2002). An unnamed creek from the confluence with Third Fork Squaw Creek (12 km (7.5 mi) upstream of the confluence of Third Fork Squaw Creek with Squaw Creek) upstream 3.2 km (2.0 mi) to the headwaters provides spawning and rearing habitat (Burton 1999b; Steed 1999). Second Fork Squaw Creek from the confluence with Squaw Creek upstream 11.3 km (7.0 mi) to the confluence with Sage Hen Creek provides FMO habitat (Steed 1999), and from this point upstream 6.7 km (4.2 mi) to the headwaters provides habitat essential to the recovered distribution of bull trout (USFWS 2002), and is known to contain primary constituent elements for the species (Burton 1999b; Steed 1999). Renwick Creek from the confluence with Second Fork Squaw Creek upstream 6.1 km (3.8 mi) to the headwaters and Antelope Creek from the confluence with Second Fork Squaw Creek upstream 6.1 km (3.8 km) to the headwaters provides habitat essential to the recovered distribution of bull trout (USFWS 2002), and is known to contain primary constituent elements for the species (Burton 1999b; Steed 1999).
(C) Sage Hen Creek from the confluence with Second Fork Squaw Creek upstream 5.2 km (3.2 mi) to the dam on Sage Hen Reservoir provides FMO habitat (Steed 1999). Sage Hen Creek from the dam on Sage Hen Reservoir upstream 7.4 km (4.6 mi) to the headwaters provides habitat
The Little Lost River Unit is within Butte, Custer, and Lemhi counties in east-central Idaho. Approximately 184.6 km (115.4 mi) of stream in the Little Lost River Basin is proposed for critical habitat designation. Approximately 76 percent of the unit is located on Federal land (BLM and USFS), 22 percent is on private land, and 2 percent is on State land. There are 10 known local populations in the Little Lost River Basin and the Draft Recovery Plan (USFWS 2002) states that the persistence of all 10 populations is needed for species' recovery. The following stream segments are proposed for designation as critical habitat in the Little Lost River unit:
(i) The Little Lost River, beginning at the flood control structure at rkm 18.4 (rmi 11.4) and continuing upstream for 84.3 km (52.4 mi) to source springs at rkm 102.7 (rmi 63.8). The river from the flood control structure to Iron Creek (at rkm 93.3 (rmi 57.9)) is an important migratory corridor, as well as a key foraging and rearing area for sub-adult and adult fluvial bull trout associated with upstream local populations (Gamett 1999). The Little Lost River headwaters above Iron Creek, including 0.8 km (0.5 mi) of the Right Fork Little Lost River and 2.1 km (1.3 mi) of Firebox Creek, are occupied spawning and rearing habitat and collectively support a local population. (
(ii) Badger Creek from its confluence with the Little Lost River (at rkm 45.6 (rmi 28.3)) upstream 11.7 km (7.3 mi) to its source springs and including the Bunting Canyon Creek tributary. There is a headcut on Bunting Canyon Creek approximately 300 m (984 ft) upstream of its mouth that forms a small barrier. Badger Creek and Bunting Canyon Creek below the headcut provide spawning and rearing habitat for a known bull trout local population (Gamett 1999). The 3.1 km (1.9 mi) segment of Bunting Canyon Creek above the headcut is not currently known to be occupied, but is identified in the Draft Recovery Plan (USFWS 2002) as essential to providing for the recovered distribution of bull trout.
(iii) Williams Creek from its confluence with the Little Lost River (at rkm 54.1) upstream 5.1 km (3.2 mi) to the confluence with an unnamed tributary. The unnamed tributary from its confluence with Williams Creek upstream 1.1 km (0.7 mi) to its source springs. A local bull trout population exists in Williams Creek above an irrigation diversion at rkm 1.3 (rmi 0.8) and spawning and rearing occurs from rkm 3.4 to rkm 5.1 as well as in the entire length of the unnamed tributary (Gamett 1999). The Draft Recovery Plan (USFWS 2002) identifies the 1.3 km (0.8 mi) stream reach below the diversion as important to restoring connectivity to this local population, and providing additional habitat needed to achieve target population levels in this area.
(iv) Wet Creek from its confluence with the Little Lost River (at rkm 56.8 (rmi 35.3)) upstream for a distance of 28.8 km (18.0 mi) to a barrier falls above Hilts Creek, and including 7.0 km (4.4 mi) of the Big Creek tributary. Wet Creek currently supports a local bull trout population, with spawning and rearing occurring in the uppermost 3.2 km (2.0 mi). Although bull trout have not been recently documented in Big Creek, spawning and rearing habitat has been identified in its upper reaches (Gamett 1999).
(v) Warm Creek from its confluence with the Little Lost River (at rkm 81.9 (rmi 50.9)) upstream for 3.4 km (2.1 mi) to its source springs. This stream supports a known bull trout local population, and spawning and rearing occurs in the upper 2.7 km (1.3 mi) (Gamett 1999).
(vi) Squaw Creek from its confluence with the Little Lost River (at rkm 86.2 (rmi 53.5)) upstream for 6.6 km (4.1 mi) to its source spring and including 0.6 km (0.4 mi) of the North Fork Squaw Creek, and 3.0 km (1.9 mi) of an unnamed tributary that joins Squaw Creek at rkm 4.2 (rmi 2.6). These streams are currently occupied and collectively are considered a distinct local population (USFWS 2002); all but the lowest 0.2 km (0.1 mi) of Squaw Creek contain spawning and rearing habitat.
(vii) Mill Creek from its confluence with the Little Lost River (at rkm 89.6 (rmi 55.6)) upstream for 4.5 km (2.8 mi) to a barrier falls. This stream supports a known bull trout local population and all but the lowest 0.2 km (0.1 mi) is spawning and rearing habitat (Gamett 1999).
(viii) Iron Creek from its confluence with the Little Lost River (at rkm 93.3 (rmi 57.9)) upstream for 3.2 km (2.0 mi) and including the following tributaries: 1.0 km (0.6 mi) of Left Fork Iron Creek, 0.3 km (0.2 mi) of Right Fork Iron Creek, all 2.2 km (1.4 mi) of Jackson Creek, and all 2.2 km (1.4 mi) of Hawley Creek. These streams are currently occupied and collectively form a distinct local population (USFWS 2002); the entire area contains spawning and rearing habitat (Gamett 1999).
(ix) Timber Creek from its confluence with the Little Lost River (at rkm 95.4 (rmi 59.2)) upstream for 5.8 km (3.6 mi) to its source springs and including the following tributaries: 1.3 km (0.8 mi) of Camp Creek, 1.1 km (0.7 mi) of Redrock Creek, and 0.5 km (0.3 mi) of Slide Creek. These streams are currently occupied and collectively form a distinct local population (USFWS 2002); the entire area contains spawning and rearing habitat (Gamett 1999).
(x) Smithie Fork Creek from its confluence with the Little Lost River (at rkm 99.5 (rmi 61.8)) upstream for 5.0 km (3.1 mi) to its source springs. This stream supports a known bull trout local population. The entire area contains spawning and rearing habitat (Gamett 1999).
The Lower Columbia Unit consists of portions of the Lewis, White Salmon, and Klickitat Rivers, and associated tributaries in southwestern and south-central Washington. The unit extends across Clark, Cowlitz, Kilickitat, Skamania, and Yakima counties. Approximately 340 km (210 mi) of stream and 3 reservoirs covering 5,054 ha (12,488 ac) are proposed for critical habitat designation. Currently, there are three bull trout local populations in the Lewis River watershed and one in the Klickitat River. The Draft Recovery Plan
Proposed critical habitat in the Lewis River CHSU covers 179 km (110 mi) of stream and 5,054 ha (12,488 ac) of lake habitat. The CHSU is approximately 64 percent private land, 29 percent Federal land, 7 percent State land. Proposed critical habitat for this CHSU is described below.
(A) The lower Lewis River from its confluence with the Columbia River upstream 31.4 km (19.5 mi) to Merwin Dam. Bull trout are occasionally observed below Merwin Dam (PacifiCorps and Cowlitz County PUD 2001), and the reach provides important foraging and overwintering habitat, and connectivity to the Columbia River once fish passage at Merwin, Yale, and Swift Dams is restored. Restoring connectivity among local populations and to the Columbia River is necessary to maintain opportunities for genetic exchange, refound local populations, and provide access to additional foraging and overwintering habitat (Rieman and McIntyre 1993; USFWS 2002).
(B) Merwin Reservoir, which when full, covers 1,620 ha (4,000 ac) along approximately 23.8 km (14.8 mi) of the Lewis River from rkm 31.4 (rmi 19.5) to rkm 55.2 (rmi 34.3), and including Speelyai Creek from its confluence with the lake upstream 5.1 km (3.2 mi) to a chute barrier. Merwin Reservoir is the lowest reservoir on the Lewis River; bull trout currently found in this lake are believed to be coming through the Yale Dam spillway and turbines (USFWS 2002). Merwin Reservoir provides foraging and overwintering habitat to allow maturation of bull trout trapped below Yale Dam until they can be transported to Cougar Creek as spawners. The lake also provides habitat to support establishment of a local population in Speelyai Creek. This creek is identified in the Draft Recovery Plan (USFWS 2002) as spawning and rearing habitat that could support an additional local population. Springs and seeps in lower Speelyai Creek, below a diversion canal to Yale Reservoir, currently supply cold water to the Speelyai Fish Hatchery. Establishing fish passage at the hatchery would allow bull trout to access suitable spawning and rearing habitat above the hatchery.
(C) Yale Reservoir, which covers 1,539 ha (3,800 ac) along approximately 21.4 km (13.3 mi) of the Lewis River from rkm 55.2 (rmi 34.3) to rkm 76.6 (rmi 47.6), and including the following stream reaches which flow into it: Cougar Creek from its confluence with the lake upstream 2.7 km (1.7 mi) to a lava tube barrier; the 4.3 km (2.3 mi) Swift Bypass reach; Ole Creek from its confluence with the Swift bypass reach upstream 1.3 km (0.8 mi) to a barrier falls and extending up Rain Creek 1.4 km (0.9 mi). Yale Reservoir is currently occupied and provides essential foraging and overwintering habitat for the local population that spawns and rears in Cougar Creek. The Swift Bypass Reach is essential as a site for establishing an additional local population, and to provide bull trout access to Rain and Ole Creeks for establishing an additional local population (Recovery Criteria 1 and 4 in the Lower Columbia Unit Chapter, USFWS 2002). Ole Creek, together with Rain Creek, is identified as suitable spawning and rearing habitat where an additional local population could be established (USFWS 2002).
(D) Swift Creek Reservoir, which when full covers 1,895 ha (4,680 ac) along approximately 18.5 km (11.5 mi) of the Lewis River from rkm 76.6 (rmi 47.6) to rkm 95.1 (rmi 59.1), and extending up 0.5 km (0.3 mi) of Swift Creek from the end of the Swift Arm segment of the reservoir to a barrier falls, and 2.0 km (1.3 mi) up an unnamed tributary (identified as S15 in PacifiCorp and Cowlitz County PUD 2000) that enters the reservoir from the south at rkm 84.5 (rmi 52.5). This area is currently occupied and provides important foraging and overwintering habitat for the two bull trout local populations that spawn in Rush and Pine Creek.
(E) Upper Lewis River from the eastern edge of Swift Creek Reservoir (rkm 95.1 (rmi 59.1)) upstream 43.6 km (27.1 mi) to Twin Falls and including the following tributaries: Pine Creek from its confluence with the Lewis River at rkm 95.8 (rmi 59.5) upstream 12.9 km (8.0 mi) to its headwaters, and extending 1.8 km (1.1 mi) up an unnamed tributary which branches off Pine Creek at rkm 4.7 (rmi 2.9) (identified as P7 in PacifiCorp and Cowlitz County PUD 2000), 6.7 km (4.2 mi) up another unnamed tributary (identified as P8 in PacifiCorp and Cowlitz County PUD 2000) which branches off Pine Creek at rkm 6.0 (rmi 3.7), and 0.4 km (0.3 mi) up another unnamed tributary (identified as P10 in PacifiCorp and Cowlitz County PUD 2000) which branches off Pine Creek at rkm 8.4 (rmi 5.2); Rush Creek from its confluence with the Lewis River at rkm 104.0 (rmi 64.6) upstream 2.7 km (1.7 mi) to a barrier falls; the upper Lewis River from the east end of Swift Creek Reservoir up to a barrier falls at rkm 116.2 (rmi 72.2) is currently occupied, providing foraging and overwintering habitat for bull trout that spawn in Pine and Rush Creeks, and providing connectivity to the reservoir. Bull trout are known to occupy the identified reaches of Pine and Rush Creeks and the “P7” unnamed tributary of Pine Creek. Current occupancy is unknown in the “P8” and “P10” Pine Creek tributaries; however they both are reported to be “very good salmonid habitat” (PacifiCorp and Cowlitz County PUD 2000) and are considered essential to provide for continued recovery of bull trout in Pine Creek, which was severely impacted by the eruption of Mount St. Helens in 1980. Current occupancy is also unknown for the 22.5 km (14.0 mi) of the Lewis River from the barrier falls at rkm 116.2 (rmi 72.2) to Twin Falls. This stretch is identified in the Draft Recovery Plan (USFWS 2002) as an area suitable for establishing an additional local population. The multiple falls reach, from rkm 116.2 (rmi 72.2) to rkm 120.4 (rmi 74.8), is included to maintain connectivity between a possible existing, or possible eventual (re)introduced, resident local population above the falls and existing bull trout populations below the falls.
(A) Proposed critical habitat in this CHSU consists of 25.7 km (16.0 mi) of the White Salmon River and is approximately 98 percent private land, 2 percent Federal land, and less than 1 percent State land. The White Salmon River flows from the southwestern slope of Mount Adams to the Columbia River (Bonneville pool). Condit Dam currently forms Northwestern Lake. The scheduled removal of Condit Dam in 2006-2007 will result in removal of the reservoir and restoration of the White Salmon river to its former river channel. The White Salmon River is a historic bull trout locality, but no recent spawning has been observed in this drainage. However, suitable habitat exists and recovery criteria call for the reestablishment of a local population in this drainage (USFWS 2002). The 5.3 km (3.3 mi) reach of the White Salmon from the confluence with the Columbia River upstream to Condit Dam will provide an important corridor to the Columbia River when fish passage at Condit Dam is restored. The 2.4 km-long (1.5 mi-long) reservoir behind Condit Dam, Northwestern Lake, currently provides foraging and overwintering habitat for a remnant population of bull trout and/or to support establishment of
Proposed critical habitat in the Klickitat CHSU covers 135.5 km (84.2 mi) of stream. Approximately 42 percent of the CHSU is within the Yakama Nation Reservation, 35 percent is private land, 17 percent is State land, and 6 percent is Federal land. Tribal lands need to be included as critical habitat in this area because the West Fork Klickitat River, and its tributaries within the Yakama Reservation, supports the only known bull trout local population in the Klickitat drainage.
(A) Klickitat River from its confluence with the Columbia River upstream 103.3 km (64.2 mi) to Castile Falls. This section of the Klickitat River is currently occupied foraging and overwintering habitat, and is essential for maintaining connectivity with the Columbia River. The West Fork Klickitat River from its confluence with the Klickitat River at rkm 101.5 (rmi 63.0) upstream 7.2 km (4.5 mi) to the junction of Little Muddy Creek and Fish Lake Stream. The West Fork Klickitat River below the falls at rkm 0.5 (rmi 0.3) provides foraging and overwintering habitat for bull trout in the mainstem Klickitat River. Above the falls, the West Fork Klickitat River and the identified tributaries contain occupied spawning and rearing habitat (Washington Department of Fish and Wildlife (WDFW) 1998; Byrne
(B) Little Muddy Creek for a distance of 3.4 km (2.1 mi) to the confluence with Crawford Creek and extending 1.3 km (0.8 mi) up Clearwater Creek and 3.4 km (2.1 mi) up Trappers Creek.; Fish Lake Stream for a distance of 9.7 km (6.0 mi) to the confluence with Two Lakes Stream and extending 6.9 km (4.3 mi) up an unnamed tributary that meets Fish Lake Stream at rkm 8.0 (rmi 5.0) and also extending 1.3 km (0.8 mi) up Two Lakes Stream.
The Middle Columbia River unit encompasses the entire Yakima River basin located in south central Washington, draining approximately 15,900 square km (6,155 square mi). The basin occupies most of Yakima and Kittitas counties, about half of Benton County, and a small portion of Klickitat County. Thirteen local populations of bull trout occur in this unit: the mainstem Yakima River (Keechelus to Easton Reach); Ahtanum Creek; American River; Rattlesnake Creek; Crow Creek; South Fork Tieton River; Indian Creek; Deep Creek; North Fork Teanaway River; Box Canyon Creek; Upper Kachess River; Gold Creek; and the Cle Elum River, all of which are essential to recovery. The Draft Recovery Plan (USFWS 2002) recommends the establishment of three other local populations in the North Fork Tieton River, Middle Fork Teanaway River, and Taneum Creek. Approximately 846 km (529 mi) of stream habitat and 6,066 ha (14986 ac) of lake and reservoir surface area are proposed as critical habitat within this unit. Of the stream segments proposed as critical habitat, approximately 44 percent are bordered by Federal land, 40 percent by private land, 9 percent by State land, and 7 percent by the Yakama Nation.
(i) Yakima River from the confluence of Ahtamum Creek at rkm 172.1 (rmi 106.9) upstream 155.9 km (96.9 mi) to Easton Diversion Dam is currently occupied FMO habitat (Pearson
(ii) Ahtanum Creek from the confluence with the Yakima River upstream 37.2 km (23.1 mi) to the confluence of the North and South Forks Ahtanum Creek provides currently occupied (WDFW 1998) FMO habitat for the Ahtanum Creek local population. South Fork Ahtanum Creek from the confluence with Ahtanum Creek upstream 23.5 km (14.6 mi) to the headwaters is currently occupied (WDFW 2002), and provides spawning and rearing habitat for the Ahtanum Creek local population. North Fork Ahtanum Creek from the confluence with Ahtanum Creek upstream 33.3 km (20.7 mi) to the headwaters is currently occupied (Dunham and Chandler 2001; WDFW 2002) and provides essential spawning and rearing habitat for the Ahtanum Creek local population. Middle Fork Ahtanum Creek from the confluence with North Fork Ahtanum Creek upstream 15.1 km (9.4 mi) to the headwaters is currently occupied (Dunham and Chandler 2001; WDFW 2002) and provides essential spawning and rearing habitat for the Ahtanum Creek local population. Shellneck Creek from the confluence with North Fork Ahtanum Creek upstream 2.9 km (1.8 mi) to the headwaters is currently occupied (WDFW 2002) and provides spawning and rearing habitat for the Ahtanum Creek local population.
(iii) Naches River from the confluence with the Yakima River upstream 71.8 km (44.6 mi) to the confluence of the Little Naches and Bumping Rivers is currently occupied (WDFW 1998) and provides FMO habitat for the American River, Rattlesnake Creek, and Crow Creek local populations.
(iv) Tieton River from the confluence with the Naches River upstream 34.3 km (21.3 mi) to Tieton Dam is currently occupied (J. Thomas, USFWS, pers. comm., 2002) and provides FMO habitat for local bull trout populations in the Naches River Basin. Bull trout in this reach may be from any one of the three isolated local populations that inhabit Rimrock Reservoir. These fish are often entrained into the Tieton River as water within Rimrock Reservoir is withdrawn (James 2001). This reach will provide a migratory corridor to other local populations if passage is provided at Tieton Dam as specified in the Draft Recovery Plan (USFWS 2002).
(v) Rimrock Reservoir (987 ha (2,438 ac)) and North Fork Tieton River upstream 1.4 km (0.9 mi) to Clear Lake Dam is currently occupied (WDFW 1998), and provides FMO habitat for the South Fork Tieton River and Indian Creek local populations. This reach will
(vi) South Fork Tieton River from the confluence with Rimrock Reservoir upstream 27.0 km (16.8 mi) to a natural barrier is currently occupied (WDFW 2002) and provides spawning and rearing habitat for the South Fork Tieton River local population. Short and Dirty Creek from the confluence with the South Fork Tieton River upstream approximately 0.2 km (0.1 mi) to a natural barrier is currently occupied (WDFW 1998) rearing habitat for the South Fork Tieton River local population. Spruce Creek from the confluence with the South Fork Tieton River upstream approximately 0.8 km (0.5 mi) to a natural barrier is currently occupied and provides spawning and rearing habitat for the South Fork Tieton River local population (WDFW 1998). Grey Creek from the confluence with the South Fork Tieton River upstream approximately 0.4 km (0.2 mi) to a natural barrier is currently occupied and provides spawning and rearing habitat for the South Fork Tieton River local population (WDFW 1998). Bear Creek from the confluence with the South Fork Tieton River upstream approximately 1.8 km (1.1 mi) to a natural barrier is currently occupied and contains spawning and rearing habitat for the South Fork Tieton River local population (WDFW 2002).
(vii) Indian Creek from the confluence with Rimrock Reservoir upstream 8.1 km (5.0 mi) to a natural barrier is currently occupied and provides spawning and rearing habitat for the Indian Creek local population (WDFW 2002). Three springs which enter Indian Creek at rkm 3.5 (rmi 2.2), rkm 4.3 (rmi 2.7), and rkm 5.2 (rmi 3.2), respectively, also provide spawning and rearing habitat.
(viii) Clear Lake Reservoir (91 ha (225 ac)) may be currently occupied in very small numbers (E. Anderson, WDFW,
(ix) Rattlesnake Creek from the confluence with the Naches River upstream 40.2 km (25.0 mi) to the headwaters is currently occupied (WDFW 2002) and provides essential FMO and spawning and rearing habitat for the Rattlesnake Creek local population of bull trout. Dog Creek from the confluence with Rattlesnake Creek upstream 1.1 km (0.7 mi) to the confluence with Lookout Creek; Hindoo Creek from the confluence with Dog Creek upstream 1.8 km (1.1 mi) to a natural barrier; and Little Wildcat Creek from the confluence with Rattlesnake Creek upstream 5.8 km (3.6 mi) to the headwaters provide currently occupied (WDFW 2002) spawning and rearing habitat for the Rattlesnake Creek local population.
(x) Little Naches River from the confluence with the Naches River upstream 5.0 km (3.1 mi) to the confluence with Crow Creek is occupied FMO habitat supporting local populations in the Naches River Basin, particularly the Crow Creek local population (WDFW 1998).
(xi) Crow Creek from the confluence with the Little Naches River upstream 15.1 km (9.4 mi) to the confluence with Falls Creek contains occupied spawning and rearing habitat for the Crow Creek local population (WDFW 2002).
(xii) Bumping River from the confluence with the Naches River upstream 24.8 km (15.4 mi) to Bumping Dam contains occupied FMO habitat (Kalin and Ackerman 2002) for the local populations within the Naches River Basin. This reach will also provide a migratory corridor to other local populations within the Yakima River Core Area if passage is provided at Bumping Dam as specified in the Draft Recovery Plan (USFWS 2002). Bumping Reservoir (532 ha (1,314 ac)) is occupied (WDFW 1998) and provides foraging and rearing habitat for the Deep Creek local population.
(xiii) Deep Creek from the confluence with Bumping Reservoir upstream 5.6 km (3.5 mi) to a natural barrier approximately 305 m (1,000 ft) upstream from USFS Road 2008 crossing provides spawning and rearing habitat for the Deep Creek local population (WDFW 2002).
(xiv) American River from the confluence with the Bumping River upstream 27.0 km (16.8 mi) to the confluence with Morris Creek provides spawning and rearing habitat for the American River local population (WDFW 2002). This reach also provides essential FMO habitat for the American River local population and other local populations within the Naches River Basin. Kettle Creek from the confluence with the American River upstream 3.2 km (2.0 mi) to a natural barrier, Union Creek from the confluence with the American River upstream 0.8 km (0.5 mi) to a natural barrier, and Timber Creek from the confluence with the American River upstream 0.8 km (0.5 mi) to a natural barrier provide spawning and rearing habitat for the American River local population (WDFW 2002).
(xv) Taneum Creek from the confluence with the Yakima River upstream 20.4 km (12.7 mi) to the confluence with the North and South Forks of Taneum Creek is not currently known to be occupied, but will provide FMO habitat for the recovered distribution of bull trout (USFWS 2002). North Fork Taneum Creek from the confluence with Taneum Creek upstream 19.0 km (11.8 mi) to the headwaters, and South Fork Taneum Creek from the confluence with Taneum Creek upstream 13.8 km (8.6 mi) to the headwaters are not currently known to be occupied, but will provide FMO habitat for the recovered distribution of bull trout (USFWS 2002).
(xvi) Teanaway River from the confluence with the Yakima River upstream 19.5 km (12.1 mi) to the confluence of the Middle and West Forks Teanaway River provides FMO habitat for the Teanaway River local populations (Pearson
(xvii) Middle Fork Teanaway River from the confluence with the Teanaway River upstream 25.5 km (15.9 mi) to the headwaters is of unknown occupancy but provides suitable FMO and spawning and rearing habitat (E. Anderson,
(xviii) Cle Elum River from the confluence with the Yakima River upstream 13.2 km (8.2 mi) to Cle Elum Dam was historically occupied by bull trout (WDFW 1998), but the extent of current occupancy is unknown. This reach may provide essential FMO habitat for the mainstem Yakima River
(xix) Cle Elum Reservoir (1,770 ha (4,375 ac)) provides FMO habitat for the Upper Cle Elum River local population (WDFW 1998), and will provide a migratory corridor between other local populations within the Yakima Basin if passage is provided at Cle Elum Dam, as stipulated in the Draft Recovery Plan (USFWS 2002). The Cle Elum River from the confluence with the Cle Elum Reservoir upstream 34.8 km (21.6 mi) to the headwaters provides spawning and rearing habitat for the Cle Elum River local population (P. James, Central Washington University, pers. comm., 2002; WDFW 2002) and may also provide FMO habitat as well. The Cooper River from the confluence with the Cle Elum River upstream 22.7 km (14.1 mi) to the headwaters is currently of unknown occupancy, but would provide both FMO and spawning and rearing habitat for the recovered distribution of the Cle Elum River local population (USFWS 2002). The Waptus River from the confluence with the Cle Elum River upstream 21.2 km (13.2 mi) to its headwaters provides spawning, rearing, and FMO habitat for the Upper Cle Elum River local population (WDFW 1998; Hisata 1999). Fortune Creek from the confluence with the Cle Elum River upstream 7.2 km (4.5 mi) to the headwaters provides spawning and rearing habitat (T. Mayo, USFS, pers. comm., 2002).
(xx) Kachess River from the confluence with the Yakima River upstream 1.4 km (0.9 mi) to Kachess Dam is of unknown occupancy, but likely provides FMO habitat for the mainstem Yakima River local population and will provide a migratory corridor to other local populations within the Yakima Basin if passage is provided at Kachess Dam (USFWS 2002).
(xxi) Kachess Reservoir (1,734 ha (4,260 ac)) provides FMO habitat for the Box Canyon and Upper Kachess River local populations (WDFW 2002), and will provide a migratory corridor to other local populations within the Yakima River Core Area if passage is provided at Kachess Dam (USFWS 2002). Box Canyon Creek from the confluence with Kachess Reservoir upstream 2.6 km (1.6 mi) to a natural barrier provides spawning and rearing habitat for the Box Canyon Creek local population (WDFW 2002). Kachess River upstream of Kachess Reservoir from the confluence with Kachess Reservoir upstream 3.2 km (2.0 mi) to a natural barrier provides essential spawning and rearing habitat for the Upper Kachess River local population (Meyer 2002; WDFW 2002). Mineral Creek from the confluence with the Kachess River upstream 1.0 km (0.6 mi) to a natural barrier provides rearing habitat for the Upper Kachess River local population (Meyer 2002; WDFW 2002).
(xxii) Keechelus Reservoir (961 ha (2,374 ac)) provides FMO habitat for the Gold Creek local population, and will provide a migratory corridor to other local populations within the Yakima Basin, if passage is provided at Kachess Dam, as stipulated in the Draft Recovery Plan (USFWS 2002). Gold Creek from Keechelus Reservoir upstream 11.4 km (7.1 mi) to a natural barrier contains essential spawning and rearing habitat for the Gold Creek local population (WDFW 2002).
The Upper Columbia River Basin includes three CHSUs in central and northern Washington on the east slopes of the Cascade Mountains: (1) Wenatchee River CHSU in Chelan County; (2) Entiat River CHSU in Chelan County; and (3) Methow River CHSU in Okanogan County. A total of 909.7 km (565.4 mi) of streams and 1,010 ha (2,497 ac) of lake surface area are proposed for critical habitat.
Proposed critical habitat includes 364 km (226.1 mi) of stream in 21 stream reaches and one lake (990 ha; 2,445 ac) in the Wenatchee River CHSU, 78.5 km (48.8 mi) of stream in three stream reaches in the Entiat River CHSU, and 486.3 km (302.2 mi) of stream in 26 stream reaches and three lakes that total 22.6 ha (55.9 ac) in the Methow River CHSU.
This CHSU contains the largest known populations of bull trout in the Upper Columbia River Basin, and includes the mainstem Wenatchee River and tributaries from the Columbia River up to their headwaters. Landownership along the stream reaches proposed for critical habitat is 59 percent Federal land and 41 percent private land. The ownership of the shoreline of the lake proposed for critical habitat is 40 percent Federal land and 60 percent private land. Currently, there are six migratory local populations in the Wenatchee River core area: Peshastin Creek (including Ingalls Creek), Chiwaukum Creek, Chiwawa River (including Chikamin, Rock, Phelps, James, Alpine, and Buck Creeks), Nason Creek (including Mill Creek), Little Wenatchee River (below the falls), and White River (including Canyon and Panther Creeks). There is also a resident bull trout population in Icicle Creek above the barrier falls.
(A) Wenatchee River from the confluence with the Columbia River upstream 87.2 km (54.2 mi) to Lake Wenatchee provides FMO habitat (Kreiter 2001, 2002) for at least four of the six local migratory bull trout populations upstream. Lake Wenatchee (approximately 990 ha (2,445 ac) provides FMO habitat (USFWS 2002) for the Chiwawa River, Little Wenatchee River, White River, and likely the Nason Creek local populations.
(B) Peshastin Creek from the confluence with the Wenatchee River upstream 17.4 km (10.8 mi) to the confluence with Negro Creek provides FMO habitat for the Peshastin Creek local population (USFWS 1997a; 1998). Ingalls Creek from its mouth on Peshastin Creek upstream 16.3 km (10.1 mi) to a barrier falls provides essential spawning and rearing habitat for the Peshastin Creek local population (USFWS 1997a).
(C) Icicle Creek from its mouth on the Wenatchee River upstream 8.8 km (5.5 mi) to a potential barrier (complex boulder area) provides essential FMO habitat for migratory bull trout. Spawning and rearing habitat occurs from this point upstream to the falls at rkm 48.3. This area is occupied by a resident population that has been isolated since 1940 by a fish barrier at the Leavenworth National Fish Hatchery, and possibly longer if the boulder area at rkm 8.8 poses an absolute barrier. Jack Creek from its mouth on Icicle Creek at rkm 27.7 (rmi 17.2) upstream 11.4 km (7.1 mi) to a barrier falls provides essential spawning and rearing habitat for the Icicle Creek local population (USFWS 1997a). French Creek from its mouth on Icicle Creek at rkm 34.8 (rmi 21.6) upstream 8.8 km (5.5 mi) to a barrier falls also provides spawning and rearing habitat for bull trout in the Icicle Creek local population.
(D) Chiwaukum Creek from its mouth on the Wenatchee River at rkm 57.8 upstream 10.5 km (6.5 mi) to a barrier falls provides spawning and rearing habitat for bull trout in the Chiwaukum Creek population (USFWS,
(E) Chiwawa River from its confluence with the Wenatchee River upstream 53.3 km (33.1 mi) to a barrier falls provides essential FMO habitat up to Grouse Creek at rkm 31.2, and spawning and rearing habitat from that point upstream to rkm 53.3 (Hillman
(F) Nason Creek from its mouth on the Wenatchee River at rkm 86.2 (rmi 53.5) upstream 34.9 km (21.7 mi) to a barrier falls provides FMO habitat in the lower reaches to the confluence with Whitepine Creek at rkm 24.8, and spawning and rearing habitat in the upper reaches (USFWS 2002). Mill Creek from its mouth on Nason Creek at rkm 33.0 (rmi 20.5) upstream to barrier falls at rkm 1.0 provides the only other known spawning and rearing habitat for the Nason Creek local population (USFWS 2002).
(G) Little Wenatchee River from its mouth at the upper end of Lake Wenatchee upstream to a barrier (falls) at rkm 12.6 contains spawning and rearing habitat for the Little Wenatchee local population (J. DeLaVergne, USFWS, pers. comm., 2001). In addition to providing spawning and rearing habitat, it appears to provide a foraging area for bull trout using Lake Wenatchee (USFWS 2002).
(H) White River from its mouth at the upper end of Lake Wenatchee upstream to a barrier falls at rkm 23.0 provides one of only two main spawning areas for the White River local population (USFWS 2002). In addition to providing spawning and rearing habitat, it appears to provide a foraging area for bull trout using Lake Wenatchee (USFWS 2002). Canyon Creek from its mouth on the White River at rkm 15.2 upstream to its headwaters at rkm 6.3 is at least seasonally occupied (J. DeLaVergne, USFWS, pers. comm., 2002), and provides potential spawning and rearing habitat for the recovered distribution of bull trout (USFWS 2002). The Napeequa River from its mouth on the White River at rkm 15.2 (rmi 9.4) upstream 3.5 km (2.2 mi) to a barrier falls is at least seasonally occupied (J. DeLaVergne, USFWS pers. comm., 2002), may provide spawning and rearing habitat (WDFW 1992), and may also provide valuable foraging habitat due to the presence of spawning sockeye salmon (Oncorhynchus nerka) and their progeny. Panther Creek from its mouth on the White River at rkm 21.1 (rmi 13.1) upstream 1.1 km (0.7 mi) to a barrier falls provides occupied spawning and rearing habitat (USFWS 2002) and is probably the main spawning area for the White River local population.
The Entiat River CHSU includes the Entiat River and its tributaries. The apex of the watershed is at the Cascade crest and water flows east towards the Columbia Plateau. The Entiat River drains into the Columbia River near the city of Entiat. Landownership along the stream reaches proposed for critical habitat within the Entiat River CHSU is approximately 47 percent Federal land and 53 percent private land. There are two local populations in the Entiat CHSU: Entiat River and Mad River (including Tillicum Creek).
(A) Entiat River from confluence with the Columbia River at rkm 778.3 (rmi 483.3) upstream to a barrier falls at rkm 47.0 (rmi 29.2) is occupied and provides FMO habitat (Kreiter 2001, 2002) in the lower reaches (up to about rkm 25.7 (rmi 16.0)), and spawning and rearing habitat from that point upstream to the falls (USFWS 1997b, 1999c, 2000b, 2002).
(B) Mad River from the confluence with the Entiat River upstream 31.5 km (19.6 mi) to a barrier cascades is occupied (WDFW 1992), provides essential FMO habitat in the lower reaches (Kreiter 2001, 2002), and spawning a rearing habitat from that point upstream to the barrier (USFS 2002a). The Mad River provides the majority of the known spawning and rearing habitat in the Entiat CHSU. Tillicum Creek from the confluence with the Mad River upstream 4.7 km (2.9 mi) to a barrier falls contains habitat of unknown occupancy, but that is suspected to support bull trout spawning and rearing (WDFW 1998), and that is necessary to provide for the recovered distribution of bull trout (USFWS 2002).
The Methow River CHSU is located on the eastern slopes of the Cascade Mountains in northern Washington. The Methow River drains into the Columbia River near the town of Pateros. The CHSU includes the mainstem Methow River and tributaries from the Columbia River up to their headwaters. Landownership along the stream reaches proposed for critical habitat within this CHSU is 59 percent Federal land and 41 percent private land. The three lakes are entirely surrounded by Federal land. Currently, there are eight local populations of bull trout identified (USFWS 2002) in the Methow CHSU: Gold Creek (including Crater Creek), Twisp River (including Buttermilk, Bridge, Reynolds, and North creeks), Chewuch River (including Lake Creek), Wolf Creek, Early Winters Creek, Upper Methow River, Lost River, and Goat Creek. Adfluvial, fluvial, and resident forms of bull trout are all present.
(A) Methow River from the confluence with the Columbia River at rkm 843.0 (rmi 523.5) upstream to its confluence with the Lost River at rkm 117.5 is occupied and provides essential FMO habitat (Kreiter 2001, 2002) to facilitate bull trout migration between the Columbia River, Methow River and the eight local populations. The Methow River from the confluence with the Lost River upstream to the West Fork of the Methow River at rkm 133.2 (rmi 82.7) provides essential spawning and rearing habitat for the Upper Methow River local population. Robinson Creek from its confluence with the Methow River upstream to its headwaters, and Rattlesnake Creek from its confluence with the Methow River upstream to a barrier falls at rkm 1.9, are of unknown occupancy, but may be accessible in their lower reaches and may provide essential spawning and rearing habitat for the recovered distribution of the Upper Methow River local population (USFWS 2002). Trout Creek from its confluence with the Methow River upstream 11.6 km (7.2 mi) to its headwaters provides occupied spawning and rearing habitat for the Upper Methow River local population (WDFW 1998).
(B) Gold Creek from the confluence with the Methow River upstream 1.8 km (1.1 mi) to the confluence of the North Fork and South Fork of Gold Creek, and the North Fork of Gold Creek from the confluence of the North Fork and South Fork of Gold Creek upstream 8.4 km (5.2 mi) to the confluence with Crater Creek, are all of unknown occupancy by bull trout, but provide essential FMO habitat to connect bull trout that spawn and rear in Crater Creek with foraging habitat in the Methow River, as well as to provide habitat for the recovered distribution of bull trout (USFWS 2002). Crater Creek from the confluence with North Fork Gold Creek upstream 4.7 km (2.9 mi) to a barrier falls is currently
(C) Beaver Creek from confluence with the Methow River at rkm 56.6 (rmi 35.1) upstream to the confluence with Blue Buck Creek provides historical FMO habitat (WDFW 1998) to restore connectivity of isolated resident bull trout populations in Blue Buck Creek with the Methow River and its associated bull trout populations. Addressing human-made barriers and habitat restoration are necessary to allow migratory bull trout to utilize this area to provide for the recovered distribution of bull trout (USFWS 2002). Blue Buck Creek from its confluence with Beaver Creek upstream to a barrier falls at rkm 3.5 is currently occupied by a resident population of bull trout that is thought to have historically included a migratory component (WDFW 1998).
(D) Twisp River from the confluence with the Methow River at rkm 64.7 (rmi 40.2) upstream 47.5 km (29.5 mi) to the confluence of the North Fork and South Fork provides FMO habitat (Kreiter 2001, 2002) from the mouth up to the confluence with Little Bridge Creek at rkm 15.0 and spawning and rearing habitat (USFS 2002b) from that point upstream to the confluence of the North Fork and South Fork. Little Bridge Creek from the confluence with the Twisp River upstream 15.8 km (9.8 mi) to its headwaters provides habitat necessary for the recovered distribution of bull trout (USFWS 2002). Buttermilk Creek from the confluence with the Twisp River upstream 4.0 km (2.5 mi) to the East and West Forks of Buttermilk Creek is at least seasonally occupied (Kreiter 2001, 2002) and provides FMO habitat. The East Fork of Buttermilk Creek from the confluence with Buttermilk Creek upstream 4.8 km (3.0 mi) to a series of falls that form a barrier, and the West Fork of Buttermilk Creek from the confluence with Buttermilk Creek upstream 14.5 km (9.0 mi) to its headwaters, are currently occupied and provide spawning and rearing habitat for the Twisp River local population (J. DeLaVergne, pers. comm., 2001; USFS 2002b). Reynolds Creek from the confluence with the Twisp River at rkm 33.6 upstream 1.1 km (0.7 mi) to a barrier falls, and North Creek from the confluence with the Twisp River at rkm 42.0 upstream 1.3 km (0.8 mi) to a barrier falls are currently occupied and provide essential spawning and rearing habitat for the Twisp River local population (WDFW 1998; USFS 2002b).
(E) Chewuch River from the confluence with the Methow River at rkm 80.6 upstream 52.0 km (32.3 mi) to a barrier falls provides FMO habitat up to the confluence with Lake Creek at rkm 38.1 and spawning and rearing habitat from that point up to the barrier falls (J. DeLaVergne, pers. comm., 2001). Lake Creek from its confluence with the Chewuch River upstream 12.6 km (7.8 mi) to the upper limits of Black Lake, and including Black Lake, is currently occupied FMO habitat. From Black Lake upstream to a barrier falls (15.8 km (9.8 mi)) above the confluence with the Chewuch River is where spawning and rearing habitat occurs (USFS 1994b, 1995a; 2002b).
(F) Wolf Creek from the confluence with the Methow River at rkm 85.0 (rmi 52.8) upstream 17.1 km (10.6 mi) to a barrier falls provides essential FMO habitat from its mouth up to the wilderness boundary at rkm 7.4 (rmi 4.6), and essential spawning and rearing habitat from that point up to the barrier falls (WDFW 1998; USFS 2002b).
(G) Goat Creek from its confluence with the Methow River at rkm 103.0 upstream 20.4 km (12.7 mi) to its headwaters is currently occupied by both resident and fluvial bull trout (WDFW 1998), provides FMO habitat up to Vanderpool Crossing at rkm 10.9 (rmi 6.8), and spawning and rearing habitat from there up to its headwaters (J. DeLaVergne, pers. comm., 2001; B. Kelly Ringel, USFS, pers. comm., 2002).
(H) Early Winters Creek from the confluence with the Methow River at rkm 108.3 upstream 26.5 km (16.5 mi) to its headwaters contains both FMO habitat and the primary spawning and rearing habitat for this local population. Fluvial bull trout are found downstream of a falls at rkm 12.9, and resident bull trout are found upstream of this point (WDFW 1998; USFS 2002b). Recently, some migratory sized bull trout have also been noted above the falls (J. DeLaVergne, pers. comm., 2001). Cedar Creek from its confluence with Early Winters Creek upstream 4.0 km (2.4 mi) to a barrier falls also provides spawning and rearing habitat for the Early Winters Creek local population (USFS 2002b). Huckleberry Creek from its confluence with Cedar Creek at rkm 3.5 upstream 7.1 km (4.4 mi) to its headwaters contains suitable spawning and rearing habitat necessary to provide for the recovered distribution of bull trout (USFWS 2002).
(I) The Lost River from its confluence with the Methow River upstream to the confluence with Monument Creek at rkm 12.4 provides FMO habitat. The Lost River from approximately rkm 20.4 (rmi 12.7) upstream to rkm 31.7 (rmi 19.7), about 1 km (0.6 mi) below Cougar Lake, contains the primary bull trout spawning and rearing habitat in this basin (WDFW 1998). From Cougar Lake at rkm 32.7 (rmi 20.3) upstream to Middle Hidden Lake at rkm 36.2 (rmi 22.5) contains FMO and spawning and rearing habitat as well (USFS 2000b; B. Hallock, USFWS, pers. comm., 2002). Female size at maturity has shown the Lost River bull trout population to be composed of resident fish, though there may be some exchange with the Cougar Lake adfluvial stock (WDFW 1998). Both resident populations and adfluvial bull trout from Cougar Lake spawn and rear in the Lost River (WDFW 1998; USFS 2002b). Access to spawning and rearing habitat in this drainage is naturally disrupted by rock slides across the river at rkm11.6 (rmi 7.2) and rkm19.3 (rmi 12.0) that both appear to be comparatively recent barriers. The Lost River also flows subsurface for about 6 to 8 km (4 to 5 mi) between Drake Creek (at rkm 18.8 (rmi 11.7)) and Monument Creek (at rkm 12.4 (rmi 7.7)), and for about 1.0 km (0.6 mi) below Cougar Lake (at rkm 32.7 (rmi 20.3)) (Washington State Conservation Commission (WSCC) 2000). Monument Creek from the confluence with the Lost River upstream to its headwaters provides essential spawning and rearing habitat for the Lost River local population. Cougar Lake (approximately 7.6 ha (18.7 ac)), First Hidden Lake (approximately 7.3 ha (18 ac)), and Middle Hidden Lake (approximately 7.7 ha (19.1 ac)) provide FMO and rearing habitat for adfluvial bull trout (WDFW 1998).
(J) The West Fork of the Methow River from the confluence with the Methow River upstream 14.5 km (9.0 mi) to a barrier falls provides the primary spawning and rearing habitat for the Upper Methow River local population (USFS 2002b).
The Northeast Washington unit includes bull trout above Chief Joseph Dam on the Columbia River. Major tributaries in the unit include the Sanpoil, Spokane, Kettle, Colville, and Pend Oreille Rivers. A total of 373.1 km (231.9 mi) of streams and 1,166 ha (2,880 ac) of lake surface area are proposed as critical habitat within this unit.
The Pend Oreille River CHSU is in the northeast corner of Washington State and includes the Pend Oreille River and all tributaries from Boundary Dam upstream to Albeni Falls Dam in Idaho. Only about 4.0 km (2.5 mi) of the Pend Oreille River and tributary waters within this CHSU are located in Idaho (Bonner County), with the remainder of
(A) The Pend Oreille River from Boundary Dam upstream 117.6 km (73.1 mi) to Albeni Falls Dam provides FMO habitat for the recovered distribution of bull trout (USFWS 2002). This reach includes Box Canyon Reservoir with a surface area of 2,983 ha (7,371 ac). Bull trout are at least occasionally present in this reach (Bennett and Liter 1991; M. Liter, IDFG, pers. comm., 2002; C. Donnelly, WDFW, pers. comm., 2002). Boundary Reservoir, a 27.4 km (17.0 mi) impoundment with a surface area of 664 ha (1,640 ac) at full pool elevation is also included in this reach. Bull trout are present in this reach (R2 Resource Consultants, Inc. 1998, citing C. Vail, WDFW, pers. comm., 1996; R2 Resource Consultants 1998, 2000). The mouths of tributaries provided localized zones of well defined cool water refugia in Boundary Reservoir in 1996. Small areas of cold water that provide refugia for bull trout were identified at the mouths of Sullivan, Flume, Slate, and Pee Wee Creeks (R2 Resource Consultants, Inc. 1998).
(B) Slate Creek from its confluence with the Pend Oreille River upstream 16.3 km (10.1 mi) to its headwaters provides spawning and rearing habitat necessary for the recovered distribution of bull trout (USFWS 2002). Reproduction is not currently known to occur within Slate Creek, but several bull trout have been captured at or near the mouth of Slate Creek in recent years (USFS 1999d; Terrapin Environmental 2000), including two migratory-sized individuals caught by angling in the early 1990s, indicating the presence of migratory bull trout using Slate Creek (T. Shuhda, USFS, pers. comm., 2002). Habitat capable of supporting strong and significant populations of native salmonids, particularly bull trout, exists throughout the Slate Creek watershed (USFS 1999d).
(C) Sullivan Creek from its confluence with the Pend Oreille River upstream 35.3 km (22.0 mi) to its headwaters, provides FMO habitat in the lower reaches and spawning and rearing habitat in the upper reaches necessary for the recovered distribution of bull trout (USFWS 2002). Reproduction is not currently known to occur in Sullivan Creek; only one large adfluvial bull trout has been documented in these waters in recent years (USFS 1999e), and the 5.2 km (3.2 mi) reach from Mill Pond Dam down to the stream's confluence with Boundary Reservoir is believed to contain fewer than 50 adult bull trout (USFS 1999e). Outlet Creek from the confluence with Sullivan Creek upstream 19.3 km (12.0 mi) to the uppermost extent of the waters in Sullivan Lake provides FMO habitat necessary for the recovered distribution of bull trout (USFWS 2002). Establishing fish passage at both Mill Pond Dam and Sullivan Lake Dam is identified as an important bull trout recovery task (USFWS 2002). The entire area 502 ha (1,240 ac) of Sullivan Lake, which is a natural, deep, oligotrophic (deficient in plant nutrients) lake with a maximum depth of 95 m (312 ft) (T. Shuhda, pers. comm., 2002). It contains a strong forage base of kokanee salmon (
(D) Cedar Creek from its confluence with the Pend Oreille River upstream 16.1 km (10.0 mi) to its headwaters provides spawning and rearing habitat necessary for the recovered distribution of bull trout (USFWS 2002). Additionally, in September 1995, one bull trout measuring 460 mm (18 in) in length was observed above the Ione Municipal Dam during stream surveys conducted by the Kalispel Tribe (J. Maroney, Kalispell Tribe, pers. comm., 2002). There is no information on the origin or life history form of this fish, but the USFS suggests that this bull trout must have been a product of a spawning population above Ione Municipal Dam (USFS 1999f).
(E) Ruby Creek from its confluence with the Pend Oreille River upstream 21.1 km (13.1 mi) to its headwaters provides FMO habitat in the lower reaches and spawning and rearing habitat necessary for the recovered distribution of bull trout in the upper reaches (USFWS 2002). Bull trout are not currently known to occupy Ruby Creek.
(F) LeClerc Creek from the confluence with the Pend Oreille River upstream 1.9 km (1.2 mi) to the confluence of the West Branch of LeClerc Creek and the East Branch of LeClerc Creek is currently occupied FMO habitat (S. Toth, Plum Creek Timber Company,
(G) Mill Creek from its confluence with the Pend Oreille River upstream 2.1 km (1.3 mi) to a barrier falls is occupied by bull trout (J. Maroney, Kalispel Tribe pers. comm., 2001), and also provides spawning and rearing habitat necessary to provide for the recovered distribution of bull trout (USFWS 2002).
(H) Tacoma Creek from its confluence with the Pend Oreille River, the North Fork of the South Fork of Tacoma Creek from the confluence with the South Fork Tacoma Creek, and the South Fork of Tacoma Creek from the confluence with Tacoma Creek upstream a total of 61.7 km (38.3 mi) to their respective
(I) Calispell Creek from its confluence with the Pend Oreille River upstream 4.2. km (2.6 mi) to the confluence with Smalle Creek is not currently known to be occupied by bull trout but provides FMO habitat necessary to provide for the recovered distribution of bull trout (USFWS 2002). Smalle Creek from its confluence with Calispell Creek upstream 10.6 km (6.6 mi) to a barrier falls, and East Fork of Smalle Creek from its confluence with Smalle Creek upstream 6.8 km (4.2 mi) to a barrier falls are not currently known to be occupied by bull trout, but provide suitable spawning and rearing habitat necessary to provide for the recovered distribution of bull trout (T. Shuhda, pers. comm., 2002; USFWS 2002).
(J) Indian Creek from its confluence with the Pend Oreille River upstream 8.5 km (5.3 mi) to the headwaters provides spawning and rearing habitat that may be currently utilized, but is also necessary to provide for the recovered distribution of bull trout (USFWS 2002). A gravid (pregnant) female bull trout has been documented in Indian Creek in recent years (J. Maroney, Kalispell Tribe, pers. comm., 2000). Indian Creek has 21.5 square meters per kilometer of suitable bull trout spawning habitat (Kalispel Natural Resource Department and WDFW 1995).
The Snake River Washington Unit includes two critical habitat subunits (CHSU) located in southeast Washington: (1) the Tucannon River CHSU located in Columbia and Garfield counties, and (2) the Asotin Creek CHSU within Garfield and Asotin counties. A total of 326 km (203 mi) of stream reaches are proposed as critical habitat within this unit.
The Tucannon River CHSU encompasses the Tucannon River, Little Tucannon River, and Pataha Creek watersheds and their immediate major and minor tributaries. Landownership in the Tucannon River CHSU is comprised of 71 percent Federal lands; 23 percent State or local government lands, and 6 percent privately owned lands. The Tucannon River CHSU currently contains eight streams supporting local bull trout populations, and three streams identified in the draft Bull Trout Recovery Plan (USFWS 2002) as essential streams to meet recovery criteria population goals. Proposed critical habitat in the Tucannon River CHSU includes a total of rkm 167.5 (rmi 104.1) in 12 streams within the subunit.
(A) Tucannon River from its confluence with the Snake River upstream 91.9 km (57.1 mi) to the waterfall below Buckley Ridge (approximately 4.8 km (3.0 mi) above the confluence of Bear Creek with the Tucannon River) provides FMO habitat in the lower reaches, and spawning and rearing habitat in the upper reaches for the Tucannon River local population (USFS, unpublished 1992a, unpublished 2001a; Martin
(B) Cummings Creek from the confluence with the Tucannon River upstream approximately 17.1 km (10.6 mi) to the point where water from Little Bear Wallow Spring enters Cummings Creek provides spawning and rearing habitat (WDFW 1997; USFS, unpublished 1992b) necessary for the recovered distribution for bull trout (USFWS 2002).
(C) Hixon Creek from the confluence with the Tucannon River upstream approximately 4.0 km (2.5 mi) to its headwaters was historically occupied (M. Schuck, WDFW, pers. comm., 2002), and provides spawning and rearing habitat necessary for the recovered distribution of bull trout (USFWS 2002).
(D) Little Tucannon River from its confluence with the Tucannon River upstream approximately 8.5 km (5.25 mi) to its headwaters has been documented as providing habitat for bull trout (USFS, unpublished 1992c), and provides spawning and rearing habitat necessary for the recovered distribution of bull trout (USFWS 2002).
(E) Panjab Creek from its confluence with the Tucannon River upstream 11.3 km (7 mi) to its headwaters provides spawning and rearing habitat for the Panjab Creek local population (USFS, unpublished 1992d).
(F) Meadow Creek from its confluence with Panjab Creek upstream 10.5 km (6.5 mi) to its headwaters at Godman Spring provides spawning and rearing habitat for the Meadow Creek local population (USFS, unpublished 1992e).
(G) Turkey Creek from its confluence with Panjab Creek upstream 5.2 km (3.25 mi) to its headwaters provides spawning and rearing habitat for the Turkey Creek local population (USFS, unpublished 1992f).
(H) Little Turkey Creek from the confluence with Meadow Creek upstream 5.5 km (3.4 mi) to its headwaters provides spawning and rearing habitat for the Little Turkey Creek local population (USFS,
(I) Cold Creek from the confluence with the Tucannon River upstream 3.2 km (2 mi) to a 3 m (10 ft) water fall provides spawning and rearing habitat for the Cold Creek local population (USFS, unpublished 1992h,
(J) Sheep Creek from the confluence with the Tucannon River upstream 0.8 km (0.5 mi) to a 6.6 m (22 ft) waterfall provides spawning and rearing habitat for the Sheep Creek local population (USFS, unpublished 1992i,
(K) Bear Creek from the confluence with the Tucannon River upstream 4.8 km (3 mi) to a 3 m (10 ft) waterfall provides spawning and rearing habitat for the Bear Creek local population (USFS,
Asotin Creek is a tributary to the Snake River located in Asotin and Garfield counties, Washington. Asotin Creek drains a portion of the northern slopes of the Blue Mountains of southeastern Washington State and enters the Snake River upstream of Clarkston, Washington at rkm 233.5 (rmi 145.0). The Asotin Creek watershed landownership is approximately 31 percent Federally owned land, 8 percent State and local government owned land, and 61 percent privately owned land. Bull trout in Asotin Creek are currently known to occur in headwater locations only, and may be primarily resident fish. Historically, bull trout distribution in the Asotin Creek CHSU was thought to be much more extensive and contain both resident and migratory bull trout (WDFW 1997; USFS 1998e). The streams or stream reaches in the Asotin Creek CHSU proposed for designation as critical habitat are those identified by the Recovery Unit Team as containing bull trout populations, or those that may not be known to be currently occupied, but contain necessary constituent elements to support spawning and rearing. The Asotin Creek CHSU currently contains two streams which support local bull trout populations, and eight streams that have potential to support spawning populations and are identified in the draft Snake River Washington Bull Trout Recovery Plan as essential streams to meet recovery criteria goals (USFWS 2002).
(A) Asotin Creek from the confluence with the Snake River upstream 24.0 km
(B) George Creek from the confluence with Asotin Creek upstream 34.6 km (21.5 mi) to its headwaters at Seven Sisters Spring provides spawning and rearing habitat (USFS, unpublished 1993b) that may be currently occupied, and provides habitat necessary for the recovered distribution of bull trout (USFWS 2002).
(C) Wormell Creek from the confluence with George Creek upstream 6.4 km (4.0 mi) to its headwaters provides habitat of unknown occupancy by bull trout, but is necessary for the recovered distribution of bull trout (USFWS 2002).
(D) Hefflefinger Creek from the confluence with George Creek upstream 6.0 km (3.7 mi) to its headwaters provides spawning and rearing habitat that may currently support bull trout (G. Mendel, pers. comm., 2002b), and is necessary for the recovered distribution of bull trout (USFWS 2002).
(E) Coombs Creek from the confluence with George Creek upstream 10.1 km (6.3 mi) to its headwaters at Hostetler Spring provides spawning and rearing habitat of unknown occupancy, but is essential habitat for the recovered distribution of bull trout (USFWS 2002).
(F) Charley Creek from the confluence with Asotin Creek upstream 26.6 km (16.5 mi) was recently noted to be occupied by bull trout (USFS, unpublished 1993b; D. Groat, USFS, pers. comm., 2002e), provides FMO and spawning and rearing habitat, and provides habitat essential for the recovered distribution of bull trout (USFWS 2002).
(G) North Fork of Asotin Creek from the confluence of the North Fork of Asotin Creek and the South Fork of Asotin Creek where the streams combine and form the mainstem of Asotin Creek upstream 28.3 km (17.6 mi) to the headwaters at Dodge Spring, provides spawning and rearing habitat for the North Fork Asotin Creek local population (USFS, unpublished 1992g; WDFW 1997; G. Mendel, pers. comm., 2002c).
(H) South Fork of the North Fork of Asotin Creek from the confluence with the North Fork of Asotin Creek upstream 9.3 km (5.8 mi) to the headwaters at 3 C Spring is an area recently known to be occupied by bull trout (USFS, unpublished 1993d), and provides habitat necessary for the recovered distribution of bull trout (USFWS 2002).
(I) Middle branch of the North Fork of Asotin Creek from the confluence with the North Fork of Asotin Creek upstream 8.0 km (5.0 mi) to the headwaters provides occupied spawning and rearing habitat for the North Fork Asotin Creek local population (USFS, unpublished 1993d).
(J) Cougar Creek from the confluence with the North Fork of Asotin Creek upstream 5.2 km (3.2 mi) to the headwaters below USFS Road 4027-015 provides spawning and rearing habitat for the Cougar Creek local population (USFS,
This unit is located in the States of Oregon and Washington and includes Clatsop, Columbia, Multnomah, Hood River, Wasco, Sherman, Gilliam, Morrow, and Umatilla counties in Oregon and Pacific, Wahkiakum, Cowlitz, Clark, Skamania, Klickitat, Benton, Walla Walla, Franklin, Yakima, Grant, Kittitas, Chelan, Douglas, and Okanogan counties in Washington. Landownership adjacent to reaches of the Columbia River proposed for bull trout critical habitat designation are approximately 39 percent Federal and 61 percent non-Federal.
The north shore of the Columbia River between Chief Joseph Dam and the Okanogan River is within the Colville Indian Reservation. Lands along the south shore are owned by private parties and the State of Washington. Lands in the mid-Columbia hydroelectric project reach from Wells Dam to Wanapum Dam are a mixture of private and State-owned lands. Much of the State-owned land is within wildlife areas managed by the Washington Department of Fish and Wildlife. The western shore between Wanapum and Priest Rapids dams is within the Yakima Firing Center Military Reservation. The eastern shore is under private and State (wildlife area) ownership.
A 72.5 km (45 mi) reach of the Columbia River from a point about 6.4 km (4 mi) downstream of Priest Rapids Dam to the head of McNary Reservoir, about 3.2 km (2 mi) upstream from the Richland city limits, is within the Hanford Reach National Monument (Monument). The 78,914-ha (195,000-ac) Monument includes diverse riparian, riverine, and upland habitats, as well as cultural and historic resources. The Monument is under jurisdiction of both the Department of Energy (DOE) and the Service. The DOE administers 12,141 ha (30,000 ac) of the Monument, while the Service's Division of Wildlife Refuges administers 66,773 ha (165,000 ac). The Department of the Interior established a Federal Planning Advisory Committee (Committee) for the Monument in January, 2001. The Committee is presently working to provide advice to the DOE and the Service on a Monument management plan and Environmental Impact Statement. The management plan is expected to be completed by 2005.
Lands downstream to the mouth of the Columbia River are under a mix of private, State, and Federal ownership. National wildlife refuges are present at several locations along the river from the confluence with the Snake River to the Pacific Ocean. The Columbia Gorge National Scenic Area extends for 133.5 km (83.0 mi) from mouth of the Sandy River at about rkm 196.3 (rm 122.0) east to the confluence of the Deschutes River at about rkm 329.8 (rm 204.8). Management of this area is under jurisdiction of the USFS and Columbia Gorge Commission, a regional commission of local, State, and Federal interests. Management of the Columbia Gorge National Scenic Area is primarily directed toward upland areas adjacent to the Columbia River and not to aquatic habitat of the river itself.
(i) The Columbia River from the Pacific Ocean at rkm 0 (rmi 0) upstream to Chief Joseph Dam at rkm 877.0 (rmi 544.6) provides FMO habitat for tributary populations of bull trout. Critical habitat includes the free flowing reaches of the Columbia River and the reservoirs to the ordinary high water elevations and normal operating pool elevations, respectively.
The lower Snake River is located within the State of Washington from its mouth to the confluence with the Clearwater River at the cities of Clarkston, Washington and Lewiston, Idaho. The Snake River is within Franklin, Walla Walla, Columbia, Whitman, and Asotin counties in Washington State. The Snake River is the border between Washington and Idaho from Clarkston/Lewiston upstream to the Oregon border at rkm 223.7 (rm 139.0). The Snake River forms the boundary between Idaho and Oregon from that point upstream to the upper limit of this critical habitat unit. This portion of the proposed critical habitat reach of the Snake River is within Nez Perce, Idaho, Adams, and Washington counties in Idaho, and Wallowa, Baker, and Malheur counties in Oregon. Landownership adjacent to reaches of the Snake River proposed for bull trout critical habitat designation are approximately 50 percent Federal and 50 percent non-Federal.
The major features in Hells Canyon Hydroelectric Complex reach of the Snake River are Hells Canyon, Oxbow, and Brownlee dams and their reservoirs.
Downstream from Hells Canyon Dam to the Oregon-Washington border, the Snake River is designated Wild and Scenic. It is also within the Hells Canyon National Recreation Area (NRA) and the Hells Canyon Wilderness which are administered by the USFS. The Hells Canyon NRA includes about 264,058 ha (652,500 ac) within its boundaries. The Hells Canyon NRA was established preserve the natural beauty, and historical and archaeological values of the Hells Canyon area, and to enhance the recreational and ecologic values and public enjoyment of the area. Management of this area is not directed at protecting bull trout in the Snake River.
Almost all of the lower Snake River corridor is privately owned. The only public lands are Federal lands associated with the lower Snake River dams and reservoirs and isolated parcels owned by the State of Washington.
(i) The mainstem Snake River from the confluence with the Columbia River upstream to the head of Brownlee Reservoir at rkm 552 (rmi 343) provides FMO habitat for tributary populations of bull trout. Proposed critical habitat includes the free flowing reaches of the Snake River and the reservoirs to the ordinary high water elevations and normal operating pool elevations, respectively.
Section 7(a)(2) of the Act requires Federal agencies, including the Service, to ensure that actions they fund, authorize, or carry out are not likely to result in the destruction or adverse modification of critical habitat. The term “destruction or adverse modification” is defined at 50 CFR 402.02 as meaning: “* * * a direct or indirect alteration that appreciably diminishes the value of critical habitat for both the survival and recovery of a listed species. Such alterations include, but are not limited to, alterations adversely modifying any of those physical or biological features that were the basis for determining the habitat to be critical.” Individuals, organizations, States, local and Tribal governments, and other non-Federal entities are affected by the designation of critical habitat only if their actions occur on Federal lands; require a Federal permit, license, or other authorization; or involve Federal funding.
Section 7(a) of the Act requires Federal agencies, including the Service, to evaluate their actions with respect to any species that is proposed or listed as endangered or threatened, and with respect to its critical habitat, if any is proposed or designated. Section 7(a)(4) of the Act requires Federal agencies to confer with us on any action that is likely to jeopardize the continued existence of a proposed species or result in destruction or adverse modification of proposed critical habitat. Conference reports provide conservation recommendations to assist the agency in eliminating conflicts that may be caused by the proposed action. The conservation recommendations in a conference report are advisory. Regulations implementing these interagency cooperation provisions of the Act are codified at 50 CFR part 402.
We may issue a formal conference opinion, if requested by a Federal agency. Formal conference reports include an opinion that is prepared according to 50 CFR 402.14, as if the species was listed or critical habitat designated. We may adopt the formal conference report as the biological opinion when the species is listed or critical habitat designated, if no substantial new information or changes in the action alter the content of the opinion (see 50 CFR 402.10(d)).
If a species is listed or critical habitat is designated, section 7(a)(2) of the Act requires Federal agencies to ensure that activities they authorize, fund, or carry out are not likely to jeopardize the continued existence of such a species or to destroy or adversely modify its critical habitat. If a Federal action may affect a listed species or its critical habitat, the responsible Federal agency must enter into consultation with us. Through this consultation, we would ensure that the permitted actions do not destroy or adversely modify critical habitat.
When we issue a biological opinion concluding that a project is likely to result in the destruction or adverse modification of critical habitat, we also provide “reasonable and prudent alternatives” to the project, if any are identifiable. Reasonable and prudent alternatives are defined at 50 CFR 402.02 as alternative actions identified during consultation that can be implemented in a manner consistent with the intended purpose of the action, that are consistent with the scope of the Federal agency's legal authority and jurisdiction, that are economically and technologically feasible, and that the Director believes would avoid resulting in the destruction or adverse modification of critical habitat. Reasonable and prudent alternatives can vary from slight project modifications to extensive redesign or relocation of the project.
Regulations at 50 CFR 402.16 require Federal agencies to reinitiate consultation on previously reviewed actions under certain circumstances, including instances where critical habitat is subsequently designated, and the Federal agency has retained discretionary involvement, or control over the action or such discretionary involvement or control is authorized by law. Consequently, some Federal agencies may request reinitiation of consultation or conferencing with us on actions for which formal consultation has been completed, if those actions may affect designated critical habitat or adversely modify or destroy proposed critical habitat.
Activities on Federal lands that may affect the bull trout or its critical habitat will require consultation under section 7 of the Act. Activities on private, State, county, or lands under local jurisdictions requiring a permit from a Federal agency, such as a permit from the Corps under section 404 of the Clean Water Act, or some other Federal action, including funding (
To properly portray the effects of critical habitat designation, we must first compare the requirements pursuant to section 7 of the Act for actions that may affect critical habitat with the requirements for actions that may affect a listed species. Section 7 of the Act prohibits actions funded, authorized, or carried out by Federal agencies from jeopardizing the continued existence of a listed species or destroying or adversely modifying the listed species' critical habitat. Actions likely to “jeopardize the continued existence” of a species are those that would appreciably reduce the likelihood of the species' survival and recovery. Actions likely to “destroy or adversely modify” critical habitat are those that would appreciably reduce the value of critical habitat for the survival and recovery of the listed species.
Section 4(b)(8) of the Act requires us to briefly evaluate and describe, in any
A number of Federal activities have the potential to destroy or adversely modify critical habitat for the bull trout. These activities may include land and water management actions of Federal agencies (
Specifically, activities that may destroy or adversely modify critical habitat are those that alter the primary constituent elements to an extent that the value of critical habitat for both the survival and recovery of the bull trout is appreciably reduced. Activities that, when carried out, funded, or authorized by a Federal agency, may destroy or adversely modify critical habitat for bull trout include, but are not limited to:
(1) Significant and detrimental altering of the minimum flow or the natural flow regime of any of the proposed stream segments. Possible actions would include groundwater pumping, impoundment, water diversion, and hydropower generation. We note that such flow alterations resulting from actions affecting tributaries of the proposed stream reaches may also destroy or adversely modify critical habitat;
(2) Alterations to the proposed stream segments that could indirectly cause significant and detrimental effects to bull trout habitat. Possible actions include vegetation manipulation, timber harvest, road construction and maintenance, prescribed fire, livestock grazing, off-road vehicle use, powerline or pipeline construction and repair, mining, and urban and suburban development. Riparian vegetation profoundly influences instream habitat conditions by providing shade, organic matter, root strength, bank stability, and large woody debris inputs to streams. These characteristics influence water temperature, structure and physical attributes (useable habitat space, depth, width, channel roughness, cover complexity), and food supply (Gregory
(3) Significant and detrimental altering of the channel morphology of any of the proposed stream segments. Possible actions would include channelization, impoundment, road and bridge construction, deprivation of substrate source, destruction and alteration of aquatic or riparian vegetation, reduction of available floodplain, removal of gravel or floodplain terrace materials, excessive sedimentation from mining, livestock grazing, road construction, timber harvest, off-road vehicle use, and other watershed and floodplain disturbances. We note that such actions in the upper watershed (beyond the riparian area) may also destroy or adversely modify critical habitat. For example, timber harvest activities and associated road construction in upland areas can lead to changes in channel morphology by altering sediment production, debris loading, and peak flows;
(4) Significant and detrimental alterations to the water chemistry in any of the proposed stream segments. Possible actions would include release of chemical or biological pollutants into the surface water or connected groundwater at a point source or by dispersed release (non-point);
(5) Activities that are likely to result in the introduction, spread, or augmentation of nonnative aquatic species in any of the proposed stream segments. Possible actions would include fish stocking for sport, aesthetics, biological control, or other purposes; use of live bait fish; aquaculture; construction and operation of canals; and interbasin water transfers; and
(6) Activities that are likely to create significant instream barriers to bull trout movement. Possible actions would include water diversions, impoundments, and hydropower generation where effective fish passage facilities are not provided.
If you have questions regarding whether specific activities will likely constitute destruction or adverse modification of critical habitat, contact the Field Supervisor of the nearest Fish and Wildlife Ecological Services Office. Requests for copies of the regulations on listed wildlife, and inquiries about prohibitions and permits may be addressed to the Division of Endangered Species, U.S. Fish and Wildlife Service, 911 NE 11th Avenue, Portland, OR 97232-4181 (telephone 503/231-6158; facsimile 503/231-6243).
Section 3(5)(A) of the Act defines critical habitat, in part, as those areas requiring special management considerations or protection. Section 10(a)(1)(B) of the Act authorizes us to issue permits for the take of listed species incidental to otherwise lawful activities. This permit allows a non-Federal landowner to proceed with an activity that is legal in all other respects, but that results in the incidental taking of a listed species. An incidental take permit application must be supported by an HCP that identifies conservation measures that the permittee agrees to implement for the species to minimize and mitigate the impacts of the permitted incidental take. The purpose of the HCP is to describe and ensure that the effects of the permitted action on covered species are adequately minimized and mitigated, and that the action does not appreciably reduce the survival and recovery of the species.
No approved HCPs include bull trout as a covered species within the range of the Klamath River population segment. Within the range of the Columbia River population segment, there are three: the Plum Creek Native Fish HCP, the Plum Creek I-90 HCP, and the WDNR HCP. Based on our evaluation of the these HCPs we have concluded, pursuant to section 3(5)(A) of the Act, that areas within these HCPs do not require additional special management considerations or protection, and consequently we have not included areas within them as proposed critical habitat. (See the Managed Lands section, above, for a discussion of the factors considered).
In the event that future HCPs covering the bull trout are developed within the boundaries of designated critical habitat, we will work with applicants to ensure that the HCPs provide for protection and management of habitat areas essential for the conservation of the bull trout by either directing development and habitat modification to nonessential areas, or appropriately modifying activities within essential habitat areas so that such activities will not adversely modify the primary constituent elements. The HCP
We will provide technical assistance and work closely with applicants throughout the development of future HCPs to identify lands essential for the long-term conservation of bull trout and appropriate management for those lands. The take minimization and compensation measures provided under these HCPs are expected to protect the essential habitat lands proposed as critical habitat in this rule. Furthermore, we will complete intra-Service consultation on our issuances of section 10(a)(1)(B) permits for these HCPs to ensure permit issuance will not destroy or adversely modify critical habitat. If an HCP that addresses the bull trout as a covered species is ultimately approved, we may reassess the critical habitat boundaries in light of the HCP.
Section 4(b)(2) of the Act requires us to designate critical habitat on the basis of the best scientific and commercial information available, and to consider the economic and other relevant impacts of designating a particular area as critical habitat. We may exclude areas from critical habitat upon a determination that the benefits of such exclusions outweigh the benefits of specifying such areas as critical habitat. We cannot exclude such areas from critical habitat when such exclusion will result in the extinction of the species.
We will conduct an analysis of the economic impacts of designating these areas as critical habitat prior to making a final determination. When completed, we will announce the availability of the draft economic analysis with a notice in the
We intend that any final action resulting from this proposal to be as accurate and effective as possible. Therefore, we solicit comments or suggestions from the public, other concerned governmental agencies, the scientific community, industry, or any other interested party concerning this proposed rule. We particularly seek comments concerning:
(1) The reasons why any habitat should or should not be determined to be critical habitat as provided by section 4 of the Act, including any areas should be excluded under section 4(b)(2) of the Act;
(2) Specific information on the amount and distribution of bull trout habitat; what habitat is essential to the conservation of this species and why; and, in light of our use of the Draft Recovery Plan as the basis for identifying many of the areas we are proposing as critical habitat, whether the areas identified in the Draft Recovery Plan as necessary for the survival and recovery of bull trout are also essential to the conservation of the species, and therefore are appropriately included in our proposed designation of critical habitat.
(3) Land use practices and current or planned activities in the subject areas and their possible impacts on proposed critical habitat, including, but not limited to, whether areas do or do not meet the definition of critical habitat in section 3(5)(A)(i) of the Act with respect to requiring special management considerations or protection;
(4) Any foreseeable economic or other impacts resulting from the proposed designation of critical habitat, in particular, any impacts on small entities, families, and private landowners;
(5) Economic and other values associated with designating critical habitat for bull trout; and
(6) Whether our approach to critical habitat designation, including, but not limited to, our methods and criteria used to identify critical habitat, could be improved or modified in any way to ensure the use of the best available scientific information or to provide for greater public participation and understanding, or to assist us in accommodating public concern and comments.
To further a complete understanding of this proposed rule, the draft critical habitat proposal, maps, fact sheets, photographs, and other materials relating to this proposal can be found on the USFWS Pacific Region's bull trout website at
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 to John Young at the address provided in the
Our practice is to make comments, including names and home addresses of respondents, available for public review during regular business hours. Individual respondents may request that we withhold their home address, which we will honor to the extent allowable by law. In some circumstances, we would withhold from the rulemaking record a respondent's identity, as allowable by law. If you wish us to withhold your name or address, you must state this request prominently at the beginning of your comment. However, we will not consider anonymous comments. To the extent consistent with applicable law, we will make all submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, available for public inspection in their entirety. Comments and materials received will be available for public inspection, by appointment, during normal business hours at the above address.
In accordance with our policy published on July 1, 1994 (59 FR 34270), we will seek the expert opinions of at least three appropriate and independent specialists regarding this proposed rule. The purpose of such review is to ensure listing decisions are based on scientifically sound data, assumptions, and analyses. We will send these peer reviewers copies of this proposed rule immediately following publication in the
We will consider all comments and information received during the public comment period on this proposed rule during preparation of a final rulemaking. Accordingly, the final decision may differ from this proposal.
The Act provides for one or more public hearings on this proposal, if requested. Requests for public hearings must be made at least 15 days prior to the close of the public comment period.
Public hearings will be held at:
1. Wenatchee, WA, on January 7, 2003, at the West Coast Wentachee Center Hotel, 201 North Wenatchee Avenue;
2. Polson, MT, on January 7, 2003, at the KwaTaqNuq Resort, 303 U.S. Highway 93;
3. Salmon, ID, on January 7, 2003, at the Salmon Valley Center Meeting Room, 200 Main Street;
4. Spokane, WA, on January 9, 2003, at the West Coast Grand Hotel, 303 West North River Drive;
5. Lewiston, ID, on January 9, 2003, at the Red Lion Hotel, 621 21st Street;
6. Boise, ID, on January 14, 2003, at the AmeriTel Inn/Boise Spectrum, 7499 West Overland Road;
7. Eugene, OR, on January 14, 2003, at the Hilton Eugene and Conference Center, 66 East Sixth Avenue;
8. Pendleton, OR, on January 16, 2003, at the Red Lion Hotel, 304 S.E. Nye Avenue; and
9. Klamath Falls, OR, on January 22, 2003, at the Shilo Inn, 2500 Almond Street.
All of these public hearings will be held from 6 p.m. to 8 p.m., and the Service will be available from 1 to 3 p.m. prior to each hearing to provide information and to answer questions.
Persons needing reasonable accommodations in order to attend and participate in a public hearing should contact John Young at the address or phone number provided in the
Executive Order 12866 requires each agency to write regulations that are easy to understand. We invite your comments on how to make this rule easier to understand including answers to questions such as the following: (1) Are the requirements in the rule clearly stated? (2) Does the rule contain technical language or jargon that interferes with the clarity? (3) Does the format of the rule (grouping and order of sections, use of headings, paragraphing, etc.) aid or reduce its clarity? (4) Is the description of the rule in the
Send a copy of any comments that concern how we could make this rule easier to understand to: Office of Regulatory Affairs, Department of the Interior, Room 7229, 1849 C Street, NW., Washington, DC 20240. You may e-mail your comments to this address:
Section 4(b)(2) of the Act requires us to designate critical habitat “* * * on the basis of the best scientific data available and after taking into consideration the economic impact, and any other relevant impact, of specifying any particular area as critical habitat.” Following the publication of this proposed critical habitat designation, we will prepare a draft economic analysis to estimate the potential economic effect of the proposed designation. This draft analysis will be made available for public review and comments on it will be accepted. The preparation of this draft economic analysis and the comments we receive about it will assist us in further reviewing the required determinations listed below. We specifically request that the public review and provide comments on each of these required determinations. (
In accordance with Executive Order 12866, this document is a significant rule and was reviewed by the Office of Management and Budget (OMB). As explained above, we are preparing a draft economic analysis of this proposed action. We will use this analysis to meet the requirement of section 4(b)(2) of the Act to determine the economic consequences of designating the specific areas as critical habitat. We also will use it to help determine whether to exclude any area from critical habitat, as provided for under section 4(b)(2), if we determine that the benefits of such exclusion outweigh the benefits of specifying such area as part of the critical habitat, unless we determine, based on the best scientific and commercial data available, that the failure to designate such area as critical habitat will result in the extinction of the species. This analysis will be available for public comment before finalizing this designation. The availability of the draft economic analysis will be announced in the
This discussion is based upon the information regarding potential economic impact that is available to us at this time. Due to legally binding dates for publication of this proposed rule, it has not been possible to conduct an economic assessment of the proposed designation of critical habitat to use as a basis for making this required evaluation under the Regulatory Flexibility Act. This assessment of economic effect is subject to modification prior to final rulemaking based upon development and review of the economic analysis being prepared pursuant to section 4(b)(2) of the Endangered Species Act and Executive Order 12866. The assessment presented here is for the purposes of compliance with the Regulatory Flexibility Act and does not reflect our position on the type of economic analysis required by
Under the Regulatory Flexibility Act (5 U.S.C. 601
We must determine whether the proposed rulemaking will affect a substantial number of small entities. According to the Small Business Administration, small entities include small organizations, such as independent non-profit organizations, and small governmental jurisdictions, including school boards and city and town governments that serve fewer than 50,000 residents, as well as small businesses (13 CFR 121.201). Small businesses include manufacturing and mining concerns with fewer than 500 employees, wholesale trade entities with fewer than 100 employees, retail
In determining whether this rule could “significantly affect a substantial number of small entities”, we consider whether critical habitat could potentially affect a “substantial number” of small entities in counties supporting critical habitat areas. While SBREFA does not explicitly define “substantial number,” the Small Business Administration, as well as other Federal agencies, have interpreted this to represent an impact on 20 percent or greater of the number of small entities in any industry. In estimating the numbers of small entities potentially affected, we also considered whether their activities have any Federal involvement. Designation of critical habitat is accompanied by legal requirements under the Act only for activities authorized, funded, or carried out by Federal agencies. We note that approximately forty-five percent of the proposed critical habitat for the Klamath River DPS, and approximately forty-two percent of the proposed critical habitat for the Columbia River DPS, is on non-Federal lands. Some activities on these non-Federal lands will not have any Federal involvement and so will not be affected by critical habitat designation. However, there may be indirect effects from the designation. If such effects are identified in the economic analysis or public comments on the proposed determination, we will revisit this conclusion.
In areas occupied by bull trout, Federal agencies funding, permitting, or implementing activities are already required, through consultation with us under section 7 of the Act, to avoid jeopardizing the continued existence of bull trout. If this critical habitat designation is finalized, section 7 further requires Federal agencies to ensure, also through consultation with us, that their activities are not likely to result in the destruction or adverse modification of designated critical habitat. However, in areas where bull trout are present, we do not believe this will result in any additional regulatory burden on Federal agencies or their applicants beyond the duty to avoid jeopardizing the species, because, although adverse modification and jeopardy are two different standards, the substantive outcome of a consultation under each is commonly the same.
Where bull trout are not present, designation of critical habitat could trigger additional review of Federal activities under section 7 of the Act. However, outside the existing developed areas, land use on the majority of the proposed critical habitat is agricultural, such as livestock grazing and farming. Should a Federally funded, permitted, or implemented project be proposed that may affect designated critical habitat that is not occupied by bull trout, we will work with the Federal action agency and any applicant, through section 7 consultation, to identify ways to implement the proposed project while minimizing or avoiding any adverse effect to the species or critical habitat. In our experience, the vast majority of such projects can be successfully implemented, with at most, minor changes that avoid significant economic impacts to project proponents.
Even if the duty to avoid adverse modification does not trigger additional regulatory impacts in areas where these species are present, designation of critical habitat could result in an additional economic burden on small entities due to the requirement to reinitiate consultation for ongoing Federal activities. The Columbia River and Klamath River populations of bull trout were Federally listed as threatened in June 1998. In fiscal years 1998 through 2002, we have conducted several hundred informal and approximately 108 formal section 7 consultations with other Federal agencies to ensure that their actions will not jeopardize the continued existence of the bull trout. As a result, based on the information currently available, we do not believe that the requirement to reinitiate consultation for ongoing projects with a Federal nexus, as a result of the designation of critical habitat, will not affect a substantial number of small entities. As with other aspects of this assessment, however, we will have an opportunity to confirm or, if necessary, revise this conclusion prior to the final designation of critical habitat based on the results of the economic analysis, public comments, and other information developed in response to this proposed rule.
Within the proposed critical habitat units, the types of Federal actions or authorized activities that we have identified as potential concerns are:
(1) Regulation of activities affecting waters of the United States by the Corps under section 404 of the Clean Water Act;
(2) Regulation of water flows, damming, diversion, and channelization implemented or licensed by Federal agencies;
(3) Regulation of timber harvest, grazing, mining, and recreation by the USFS and BLM;
(4) Road construction and maintenance, right-of-way designation, and regulation of agricultural activities;
(5) Hazard mitigation and post-disaster repairs funded by the FEMA; and
(6) Activities funded by the EPA, U.S. Department of Energy, or any other Federal agency.
In general, two different mechanisms in section 7 consultations could lead to additional regulatory requirements. First, if we conclude, in a biological opinion issued as part of formal consultation under section 7, that a proposed action is likely to jeopardize the continued existence of a species or adversely modify its critical habitat, we can offer “reasonable and prudent alternatives.” Reasonable and prudent alternatives are alternative actions that can be implemented in a manner consistent with the scope of the Federal agency's legal authority and jurisdiction, that are economically and technologically feasible, and that would avoid jeopardizing the continued existence of listed species or resulting in adverse modification of critical habitat. A Federal agency and an applicant may elect to implement a reasonable and prudent alternative associated with a biological opinion that has found jeopardy or adverse modification of critical habitat. An agency or applicant could alternatively choose to seek an exemption from the requirements of the Act or proceed without implementing the reasonable and prudent alternative. However, unless an exemption were obtained, the Federal agency or applicant would be at risk of violating section 7(a)(2) of the Act if it chose to proceed without implementing the reasonable and prudent alternatives.
Second, if we find that a proposed action is not likely to jeopardize the continued existence of a listed animal species, we may identify reasonable and prudent measures designed to minimize the amount or extent of take and require the Federal agency or applicant to implement such measures through non-discretionary terms and conditions. We may also identify discretionary conservation recommendations designed to minimize or avoid the adverse effects of a proposed action on listed species or critical habitat, help implement recovery plans, or to develop information that could contribute to the recovery of the species.
Based on our experience over many years with consultations pursuant to
In summary, we have considered whether this proposed rule would result in a significant economic effect on a substantial number of small entities. We have preliminarily determined, for the above reasons and based on currently available information, that it is not likely to affect a substantial number of small entities. Federal involvement, and thus section 7 consultations, would be limited to a subset of the area proposed. The most likely Federal involvement could include Corps permits, permits we may issue under section 10(a)(1)(B) of the Act, FHA funding for road improvements, hydropower licenses issued by the Federal Energy Regulatory Commission, and regulation of timber harvest, grazing, mining, and recreation by the USFS and BLM.
In the economic analysis, we will determine whether designation of critical habitat would cause: (a) Any effect on the economy of $100 million or more, (b) any increases in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions, or (c) any significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete with foreign-based enterprises.
On May 18, 2001, the President issued an Executive Order on regulations that significantly affect energy supply, distribution, and use. Executive Order 13211 requires agencies to prepare Statements of Energy Effects when undertaking certain actions. This proposed rule is a significant regulatory action under Executive Order 12866.
Currently available information on the potential effects of this proposal on energy supply, distribution, and use is very limited and does not provide a basis for the Service to reach a definitive conclusion regarding such effects at this time. We will conduct an analysis of the potential economic impacts of this proposed critical habitat designation, as required under section 4(b)(2) of the Act. The economic assessment will include consideration of information relevant to effects on energy supply, distribution, and use. We will make the economic analysis available for public review and comment before completing a final designation. We also expect to obtain information on this topic as a result of public comments on the proposed rule. Should such economic analysis, public comments, or other information indicate that this rule will significantly affect energy supply, distribution, and use, we will take any actions that are appropriate.
We will use the economic analysis to evaluate consistency with the Unfunded Mandates Reform Act (2 U.S.C. 1501
We will use the economic analysis and comments received on the proposed rule to evaluate whether the proposed rule poses significant takings implications and to evaluate it for consistency with Executive Order 12630, (“Government Actions and Interference with Constitutionally Protected Private Property Rights”). Based on that evaluation, we will take any actions that are appropriate.
In accordance with Executive Order 13132, we have coordinated the development of the scientific basis for the proposal of critical habitat for bull trout with the appropriate State agencies. If the economic analysis, public comments, or other information relative to the evaluation of this proposed rule indicates that there would be significant federalism effects, we will take any actions that are appropriate.
In accordance with Executive Order 12988, the Office of the Solicitor has determined that the proposal would not unduly burden the judicial system and meets the requirements of sections 3(a) and 3(b)(2) of the Order. We are proposing to designate critical habitat in accordance with the provisions of the Act. The rule uses standard aquatic (stream and lake) descriptions and identifies the primary constituent elements within the designated units to assist Federal agencies and the public in understanding the habitat and conservation needs of the bull trout.
This proposed rule would not impose any new requirements for collection of information that require approval by the OMB under the Paperwork Reduction Act (44 U.S.C. 3501
We have determined that we do not need to prepare an Environmental Assessment and/or an Environmental Impact Statement as defined by the National Environmental Policy Act of 1969 in connection with regulations adopted pursuant to section 4(a) of the Act. We published a notice outlining our reasons for this determination on October 25, 1983 (48 FR 49244). This proposed designation does not constitute a major Federal action significantly affecting the quality of the human environment.
In accordance with the President's memorandum of April 29, 1994, “Government-to-Government Relations with Native American Tribal Governments” (59 FR 22951), Executive Order 13175, and 512 DM 2, we are coordinating with Federally recognized Tribes on a Government-to-Government basis. Further, Secretarial Order 3206, “American Indian Tribal Rights, Federal-Tribal Trust Responsibilities, and the Endangered Species Act” (1997) provides that critical habitat should not be designated in an area that may impact Tribal trust resources unless it is determined to be essential to the conservation of a listed species. The
During our development of this critical habitat proposal for the Columbia River and Klamath River populations of bull trout, we evaluated Tribal lands to determine if they are essential to the conservation of the species. We have proposed critical habitat for portions of Shitike Creek, Jefferson Creek, and the Deschutes, Warm Springs, and Metolius Rivers that are within the Warm Springs Reservation; the Klickitat River and South Fork Ahtanum Creek within the Yakama Reservation; the Umatilla River, Meacham Creek, and Squaw Creek within the Umatilla Reservation; Lake Coeur d'Alene within the Coeur d'Alene Reservation; the Pend Oreille River within the Kalispell Reservation; the Clearwater River, North Fork Clearwater River, Middle Fork Clearwater River, South Fork Clearwater River, Lolo Creek, Clear Creek, and Dworshak Reservoir within the Nez Perce Reservation; portions of Flathead Lake, the lower Flathead River, and the Jocko River watershed on the Flathead Reservation; and portions of the Jocko River watershed, Mission Creek, and Post Creek on the Confederated Salish and Kootenai Tribal Lands on the Flathead Reservation. A total of approximately 1,200 km (750 mi) of stream segments and approximately 70,081 ha (178,070 ac) of lakes and reservoirs on Tribal lands is included in our proposed designation of critical habitat.
Currently, the Yakama Nation, Coeur d'Alene, Kalispell, Nez Perce, Confederated Salish and Kootenai, and Umatilla tribes do not have resource management plans that provide protection or conservation for the bull trout and its habitat. The Confederated Salish and Kootenai Tribes have a resource management plan addressing bull trout conservation that is being applied in the Jocko River watershed. However, as a result of our meetings with the tribes on September 26, 2002, we mutually agreed to include habitat within the Jocko River watershed in this proposed rule for designating critical habitat (Notes of Government-to-Government meeting, September 26, 2002, in our administrative record files).
We met with the Confederated Tribes of the Warm Springs Reservation (CTWSR) in Oregon on August 28, 2002, to discuss the extent to which the waterways of the Reservation provide bull trout habitat that is essential to the conservation of the species, and the degree to which Tribal management of those waterways and adjacent lands adequately protects those habitats (Notes of Government-to-Government meeting, August 28, 2002, in our administrative record files). As a result of that meeting, we reviewed the existing Integrated Resource Management Plans (CTWSR IRMP I and II) to determine whether the plans provide adequately for the conservation of the species. In conducting this analysis, we considered the level of certainty that the identified management would be implemented, and whether the management measures would be effective in protecting habitat essential to bull trout conservation.
Our analysis determined that management within Warm Springs Tribal “Conditional Use Areas” (CUAs) provides a sufficient level of protection and certainty of implementation such that additional special management considerations or protection is not required. Therefore, on the basis of section 3(5)(A)(i) of the Act, we did not include 63 km (39 mi) of streams within the CUAs as part of our proposed designation of critical habitat. An exception to our general finding regarding CUAs was made with respect to CUAs on the Reservation's southern and southeastern boundaries, where the boundary is defined by the Metolius and Deschutes Rivers. Here, there is uncertainty as to the ability of the Tribal management plans to adequately protect the entire waterway (
With regard to areas outside the CUAs, we found that management regimes for the Warm Springs Reservation lands and waterways that are essential to the conservation of bull trout do require additional special management considerations or protection, and consequently have included such areas in our proposed designation of critical habitat. We recognize that the CTWSR plans have the potential to be adequate if they are further developed to include measures specific to the conservation needs of bull trout. Of particular concern are the grazing management standards in the CTWSR Integrated Resource Management Plan II. The CTWSR IRMP II is an umbrella plan that provides general guidance. To date, only two of six grazing district plans (the more detailed and landscape-specific guidance documents under the umbrella plan) are nearing completion. The Service will work closely with the CTWSR staff to analyze the ability of any current or draft Tribal management plan to protect essential bull trout habitat. Our goal in doing so will be to limit the final designation of critical habitat for bull trout within the boundaries of the Reservation to the minimum amount of aquatic habitat that is essential to the conservation of the species. We believe this approach to be consistent with our Tribal Trust responsibilities. We welcome comments on this situation (see below).
We are committed to maintaining a positive working relationship with all of the Tribes, and will work with them on developing resource management plans for Tribal lands that include conservation measures for bull trout. We were required to prepare this critical habitat proposal based on our analysis of whether habitat within these Tribal reservation lands is essential to the conservation of the species and may require special management considerations or protection. If, prior to issuing a final determination, any Tribes complete management plans that address areas on Tribal lands that are included in this proposed designation of critical habitat, we will consider excluding those areas based on the conservation measures provided for the species.
We invite comments and additional information regarding the management of bull habitat on Tribal lands within the areas encompassed by the Klamath River and Columbia River DPSs, and our proposed designation of critical habitat in relation to such lands (see Public Comments Solicited section). This includes, but is not limited to, comments as to whether the areas on Tribal lands that we have proposed for designation should be retained in, or excluded from, the final rule designating critical habitat. We specifically seek comments regarding whether we should retain or exclude, in the final designation of critical habitat, those segments of the Metolious and Deschutes Rivers along the boundary of the CTWSR, where the shores opposite the Reservation are not part of the CTWSR, and there is uncertainty about the ability of the Tribal management plans to protect the entire waterway in those areas.
A complete list of all references cited in this proposed rule is available on
The primary authors of this proposed rule are: John Young, Regional Office, Portland, Oregon; John Stephenson, Central Oregon Office, Bend, Oregon; Mike Faler, Idaho Fishery Resource Office, Ahsahka, Idaho; Marilyn Hemker, Kendra Womack and Johnna Roy, Snake River Basin Office, Boise, Idaho; Wade Fredenberg, Creston Fish and Wildlife Center, Kalispell, Montana; Selena Werdon, Nevada State Office, Reno, Nevada; Alan Mauer, Central Oregon Office, Bend, Oregon; Kathy Barry, John Davis, and Steve Wille, Oregon State Office, Portland, Oregon; John Bowerman, Klamath Basin Office, Klamath Falls, Oregon; Ron Rhew, Columbia River Fisheries Resources Office, Vancouver, Washington; Steve Croci and Barb Kelly-Ringel, Mid-Columbia Fishery Office, Leavenworth, Washington; Scott Deeds and Bob Hallock, Upper Columbia River Basin Office, Spokane, Washington; Karolee Owens, Western Washington Office, Lacey, Washington; and Rowan Baker, Regional Office, Portland, Oregon.
Endangered and threatened species, Exports, Imports, Reporting and recordkeeping requirements, Transportation.
Accordingly, we propose to amend part 17, subchapter B of chapter I, title 50 of the Code of Federal Regulations as set forth below:
1. The authority citation for part 17 continues to read as follows:
16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C. 4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.
2. In § 17.11(h) revise the entry for “Trout, bull” under “FISHES” to read as follows:
(h) * * *
3. Amend § 17.95(e) by adding critical habitat for the bull trout (Salvelinus confluentus) in the same alphabetical order as this species occurs in § 17.11(h).
(e) * * *
(1) Critical habitat is depicted for Adams, Benewah, Blaine, Boise, Bonner, Boundary, Butte, Clearwater, Custer, Idaho, Kootenai, Lemhi, Latah, Lewis, Nez Perce, Pend Oreille, Shoshone, Valley, and Washington counties, Idaho; Flathead, Lake, Lewis and Clark, Lincoln, Mineral, Missoula, Powell, Ravalli, and Sanders counties, Montana; Baker, Columbia, Crook, Deschutes, Gilliam, Grant, Harney, Hood River, Jefferson, Klamath, Lane, Linn, Malheur, Morrow, Multnomah, Sherman, Umatilla, Union, Wallowa, Wasco, and Wheeler counties, Oregon; and Asotin, Benton, Chelan, Columbia, Clark, Cowlitz, Douglas, Garfield, Franklin, Kittitas, Klickitat, Okanogan, Pacific, Pend Oreille, Skamania, Wahkiakum, Walla Walla, Whitman, and Yakima counties, Washington, on the maps and as described below.
(2) Critical habitat includes the stream channels within the proposed stream reaches indicated on the maps below, and includes a lateral extent from the bankfull elevation on one bank to the bankfull elevation on the opposite bank. Bankfull elevation is the level at which water begins to leave the channel and move into the floodplain and is reached at a discharge that generally has a recurrence interval of 1 to 2 years on the annual flood series. If bankfull elevation is not evident on either bank, the ordinary high-water line as defined by the U.S. Army Corps of Engineers (33 CFR 329.11) shall be used to determine the lateral extent of critical habitat. The lateral extent of proposed lakes and reservoirs is defined by the perimeter of the water body as mapped on standard 1:24,000 scale topographic maps.
(3) Within these areas, the primary constituent elements for the bull trout are those habitat components that are essential for the primary biological needs of foraging, reproducing, rearing of young, dispersal, genetic exchange, or sheltering. Existing human-constructed features and structures within the critical habitat boundary, such as buildings, powerlines, roads, railroads, urban development, and other paved areas will not contain one or more of the primary constituent elements; consequently, Federal actions limited to those areas would not trigger a consultation under section 7 of the Act unless they affect the species and/or primary constituent elements in adjacent critical habitat. The primary constituent elements are:
(i) Permanent water having low levels of contaminants such that normal reproduction, growth and survival are not inhibited;
(ii) Water temperatures ranging from 2 to 15 °C (36 to 59 °F), with adequate thermal refugia available for temperatures at the upper end of this range. Specific temperatures within this range will vary depending on bull trout life-history stage and form, geography, elevation, diurnal and seasonal variation, shade, such as that provided by riparian habitat, and local groundwater influence;
(iii) Complex stream channels with features such as woody debris, side channels, pools, and undercut banks to provide a variety of depths, velocities, and instream structures;
(iv) Substrates of sufficient amount, size, and composition to ensure success of egg and embryo overwinter survival, fry emergence, and young-of-the-year and juvenile survival. A minimal amount of fine substrate less than 0.63 mm (0.25 in) in diameter and minimal substrate embeddness are characteristic of these conditions;
(v) A natural hydrograph, including peak, high, low and base flows within historic ranges or, if regulated, a hydrograph that demonstrates the ability to support bull trout populations;
(vi) Springs, seeps, groundwater sources, and subsurface water connectivity to contribute to water quality and quantity;
(vii) Migratory corridors with minimal physical, biological or chemical barriers between spawning, rearing, overwintering, and foraging habitats, including intermittent or seasonal barriers induced by high water temperatures or low flows;
(viii) An abundant food base including terrestrial organisms of riparian origin, aquatic macroinvertebrates, and forage fish; and
(ix) Few or no predatory, interbreeding, or competitive nonnative species present.
(4) Proposed critical habitat does not include non-Federal lands covered by an incidental take permit for the Columbia River distinct population segment of bull trout issued under section 10(a)(1)(B) of the Act on or before the date of publication of this proposed rule, as long as such permit, or a conservation easement providing comparable conservation benefits, remains legally operative on such lands.
Index map follows:
(5) Unit 1—Klamath River Basin.
(i) Critical Habitat Subunit—Upper Klamath Lake.
(A) Agency Lake centered at 42.541 degrees latitude, and −121.963 degrees longitude. Crane Creek from a lower point located at 42.628 degrees latitude, and −122.068 degrees longitude to an upper point located at 42.661 degrees latitude, and −122.085 degrees longitude. Crystal Creek from a lower point located at 42.463 degrees latitude, and −122.075 degrees longitude to an upper point located at 42.575 degrees latitude, and −122.081 degrees longitude. Fourmile Creek from a lower point located at 42.539 degrees latitude, and −122.002 degrees longitude to an upper point located at 42.633 degrees latitude, and −122.076 degrees longitude. Fourmile Slough from a lower point located at 42.607 degrees latitude, and −122.046 degrees longitude to an upper point located at 42.535 degrees latitude, and −122.075 degrees longitude. Recreation Creek from a lower point located at 42.477 degrees latitude, and −122.085 degrees longitude to an upper point located at 42.506 degrees latitude, and −122.074 degrees longitude. Sevenmile Canal from a lower point located at 42.582 degrees latitude, and −121.97 degrees longitude to an upper point located at 42.646 degrees latitude, and −122.05 degrees longitude. Sevenmile Creek from a lower point located at 42.646 degrees latitude, and −122.05 degrees longitude to an upper point located at 42.69 degrees latitude, and −122.15 degrees longitude. West Canal from a lower point located at 42.531 degrees latitude, and −122.004 degrees longitude to an upper point located at 42.646 degrees latitude, and −122.05 degrees longitude.
(B) Cherry Creek from a lower point located at 42.631 degrees latitude, and −122.073 degrees longitude to an upper point located at 42.615 degrees latitude, and −122.2 degrees longitude. Rock Creek from a lower point located at 42.554 degrees latitude, and −122.079 degrees longitude to an upper point located at 42.567 degrees latitude, and −122.186 degrees longitude.
(C) Threemile Creek from a lower point located at 42.642 degrees latitude, and −122.065 degrees longitude to an upper point located at 42.64 degrees latitude, and −122.138 degrees longitude.
(D) Annie Creek from a lower point located at 42.722 degrees latitude, and −121.988 degrees longitude to an upper point located at 42.864 degrees latitude, and −122.155 degrees longitude. Crooked Creek from a lower point located at 42.599 degrees latitude, and −121.945 degrees longitude to an upper point located at 42.687 degrees latitude, and −121.964 degrees longitude. Fort Creek from a lower point located at 42.672 degrees latitude, and −121.979 degrees longitude to an upper point located at 42.695 degrees latitude, and −121.967 degrees longitude. Middle Fork Annie Creek from a lower point located at 42.838 degrees latitude, and −122.127 degrees longitude to an upper point located at 42.886 degrees latitude, and −122.123 degrees longitude. Wood River from a lower point located at 42.577 degrees latitude, and −121.94 degrees longitude to an upper point located at 42.747 degrees latitude, and −121.984 degrees longitude.
(E) Sun Creek from a lower point located at 42.735 degrees latitude, and −122.008 degrees longitude to an upper point located at 42.898 degrees latitude, and −122.096 degrees longitude.
(ii) Critical Habitat Subunit—Sycan Marsh.
(A) Sycan Marsh centered at 42.811 degrees latitude, and −121.113 degrees longitude. Sycan River from a lower point located at 42.78 degrees latitude, and −121.048 degrees longitude to an upper point located at 42.647 degrees latitude, and −120.734 degrees longitude.
(B) Calahan Creek from a lower point located at 42.838 degrees latitude, and −121.266 degrees longitude to an upper point located at 42.924 degrees latitude, and −121.291 degrees longitude. Long Creek from a lower point located at 42.826 degrees latitude, and −121.209 degrees longitude to an upper point located at 42.933 degrees latitude, and −121.338 degrees longitude.
(C) Coyote Creek from a lower point located at 42.854 degrees latitude, and −121.158 degrees longitude to an upper point located at 42.893 degrees latitude, and −121.246 degrees longitude.
(D) Boulder Creek from a lower point located at 42.66 degrees latitude, and −120.783 degrees longitude to an upper point located at 42.674 degrees latitude, and −120.761 degrees longitude. Rifle Creek from a lower point located at 42.694 degrees latitude, and −120.88 degrees longitude to an upper point located at 42.682 degrees latitude, and −120.845 degrees longitude. South Fork Sycan River from a lower point located at 42.663 degrees latitude, and −120.793 degrees longitude to an upper point located at 42.633 degrees latitude, and −120.795 degrees longitude.
(iii) Critical Habitat Subunit—Upper Sprague River.
(A) Boulder Creek from a lower point located at 42.517 degrees latitude, and −120.951 degrees longitude to an upper point located at 42.495 degrees latitude, and −120.884 degrees longitude. Dixon Creek from a lower point located at 42.518 degrees latitude, and −120.937 degrees longitude to an upper point located at 42.532 degrees latitude, and −120.923 degrees longitude. North Fork Sprague River from a lower point located at 42.497 degrees latitude, and −121.008 degrees longitude to an upper point located at 42.557 degrees latitude, and −120.839 degrees longitude. Unnamed creek—off Dixon Creek from a lower point located at 42.523 degrees latitude, and −120.93 degrees longitude to an upper point located at 42.521 degrees latitude, and −120.921 degrees longitude.
(B) Sheepy Creek from a lower point located at 42.534 degrees latitude, and −120.931 degrees longitude to an upper point located at 42.514 degrees latitude, and −120.89 degrees longitude.
(C) Gearhart Creek from a lower point located at 42.566 degrees latitude, and −120.886 degrees longitude to an upper point located at 42.51 degrees latitude, and −120.871 degrees longitude. Hole Creek from a lower point located at 42.567 degrees latitude, and −120.869 degrees longitude to an upper point located at 42.541 degrees latitude, and −120.86 degrees longitude. Nottin Creek from a lower point located at 42.57 degrees latitude, and −120.87 degrees longitude to an upper point located at 42.532 degrees latitude, and −120.85 degrees longitude. School Creek from a lower point located at 42.604 degrees latitude, and −120.846 degrees longitude to an upper point located at 42.618 degrees latitude, and −120.806 degrees longitude.
(D) Dead Cow Creek from a lower point located at 42.59 degrees latitude, and −120.835 degrees longitude to an upper point located at 42.562 degrees latitude, and −120.779 degrees longitude. Gold Creek from a lower point located at 42.59 degrees latitude, and −120.818 degrees longitude to an upper point located at 42.606 degrees latitude, and −120.794 degrees longitude.
(E) Deming Creek from a lower point located at 42.448 degrees latitude, and −120.953 degrees longitude to an upper point located at 42.486 degrees latitude, and −120.885 degrees longitude.
(F) Brownsworth Creek from a lower point located at 42.392 degrees latitude, and −120.913 degrees longitude to an upper point located at 42.469 degrees latitude, and −120.854 degrees longitude. Camp Creek from a lower point located at 42.445 degrees latitude, and −120.794 degrees longitude to an upper point located at 42.471 degrees latitude, and −120.837 degrees longitude. Corral Creek from a lower
(G) Leonard Creek from a lower point located at 42.413 degrees latitude, and −120.867 degrees longitude to an upper point located at 42.465 degrees latitude, and −120.864 degrees longitude.
Maps follow for Unit 1, Subunit i and Unit 1, Subunits ii and iii.
(6) Unit 2—Clark Fork River Basin.
(i) Critical Habitat Subunit—Lake Pend Oreille.
(A) Lake Pend Oreille centered at 48.158 degrees latitude, and −116.438 degrees longitude.
(B) East River from a lower point located at 48.353 degrees latitude, and −116.852 degrees longitude to an upper point located at 48.371 degrees latitude, and −116.819 degrees longitude. Middle Fork East River from a lower point located at 48.371 degrees latitude, and −116.819 degrees longitude to an upper point located at 48.362 degrees latitude, and −116.659 degrees longitude. Priest River from a lower point located at 48.178 degrees latitude, and −116.892 degrees longitude to an upper point located at 48.353 degrees latitude, and −116.852 degrees longitude. Tarlac Creek from a lower point located at 48.393 degrees latitude, and −116.737 degrees longitude to an upper point located at 48.349 degrees latitude, and −116.717 degrees longitude. Uleda Creek from a lower point located at 48.388 degrees latitude, and −116.707 degrees longitude to an upper point located at 48.339 degrees latitude, and −116.694 degrees longitude.
(C) Pack River from a lower point located at 48.32 degrees latitude, and −116.382 degrees longitude to an upper point located at 48.613 degrees latitude, and −116.634 degrees longitude.
(D) Grouse Creek from a lower point located at 48.403 degrees latitude, and −116.477 degrees longitude to an upper point located at 48.483 degrees latitude, and −116.228 degrees longitude. North Fork Grouse Creek from a lower point located at 48.452 degrees latitude, and −116.373 degrees longitude to an upper point located at 48.502 degrees latitude, and −116.265 degrees longitude.
(E) Trestle Creek from a lower point located at 48.283 degrees latitude, and −116.352 degrees longitude to an upper point located at 48.352 degrees latitude, and −116.234 degrees longitude.
(F) Gold Creek from a lower point located at 47.971 degrees latitude, and −116.454 degrees longitude to an upper point located at 47.954 degrees latitude, and −116.451 degrees longitude. North Gold Creek from a lower point located at 47.974 degrees latitude, and −116.452 degrees longitude to an upper point located at 47.975 degrees latitude, and −116.426 degrees longitude. West Gold Creek from a lower point located at 47.954 degrees latitude, and −116.451 degrees longitude to an upper point located at 47.944 degrees latitude, and −116.477 degrees longitude.
(G) Dry Gulch from a lower point located at 48.089 degrees latitude, and −116.357 degrees longitude to an upper point located at 48.087 degrees latitude, and −116.337 degrees longitude. Granite Creek from a lower point located at 48.087 degrees latitude, and −116.427 degrees longitude to an upper point located at 48.06 degrees latitude, and −116.329 degrees longitude. Sullivan Springs from a lower point located at 48.088 degrees latitude, and −116.411 degrees longitude to an upper point located at 48.084 degrees latitude, and −116.387 degrees longitude.
(H) Johnson Creek from a lower point located at 48.139 degrees latitude, and −116.229 degrees longitude to an upper point located at 48.131 degrees latitude, and −116.225 degrees longitude.
(I) Clark Fork River from a lower point located at 48.142 degrees latitude, and −116.202 degrees longitude to an upper point located at 48.089 degrees latitude, and −116.048 degrees longitude.
(J) Char Creek from a lower point located at 48.262 degrees latitude, and −116.067 degrees longitude to an upper point located at 48.291 degrees latitude, and −116.073 degrees longitude. East Fork Creek from a lower point located at 48.241 degrees latitude, and −116.112 degrees longitude to an upper point located at 48.262 degrees latitude, and −116.039 degrees longitude. Lightning Creek from a lower point located at 48.14 degrees latitude, and −116.191 degrees longitude to an upper point located at 48.353 degrees latitude, and −116.175 degrees longitude. Morris Creek from a lower point located at 48.224 degrees latitude, and −116.117 degrees longitude to an upper point located at 48.208 degrees latitude, and −116.08 degrees longitude. Porcupine Creek from a lower point located at 48.267 degrees latitude, and −116.123 degrees longitude to an upper point located at 48.253 degrees latitude, and −116.156 degrees longitude. Rattle Creek from a lower point located at 48.326 degrees latitude, and −116.172 degrees longitude to an upper point located at 48.314 degrees latitude, and −116.1 degrees longitude. Savage Creek from a lower point located at 48.248 degrees latitude, and −116.096 degrees longitude to an upper point located at 48.226 degrees latitude, and −116.028 degrees longitude. Wellington Creek from a lower point located at 48.29 degrees latitude, and −116.162 degrees longitude to an upper point located at 48.295 degrees latitude, and −116.173 degrees longitude.
(K) Dry Creek from a lower point located at 48.094 degrees latitude, and −116.129 degrees longitude to an upper point located at 48.089 degrees latitude, and −116.122 degrees longitude. Twin Creek from a lower point located at 48.089 degrees latitude, and −116.122 degrees longitude to an upper point located at 48.063 degrees latitude, and −116.151 degrees longitude.
(ii) Critical Habitat Subunit—Lower Clark Fork River.
(A) Cabinet Gorge Reservoir centered at 48.036 degrees latitude, and −115.872 degrees longitude.
(B) Bull River from a lower point located at 48.036 degrees latitude, and −115.844 degrees longitude to an upper point located at 48.109 degrees latitude, and −115.782 degrees longitude. Copper Creek from a lower point located at 48.088 degrees latitude, and −115.773 degrees longitude to an upper point located at 48.078 degrees latitude, and −115.685 degrees longitude. East Fork Bull River from a lower point located at 48.109 degrees latitude, and −115.782 degrees longitude to an upper point located at 48.091 degrees latitude, and −115.645 degrees longitude. South Fork Bull River from a lower point located at 48.109 degrees latitude, and −115.782 degrees longitude to an upper point located at 48.152 degrees latitude, and −115.784 degrees longitude.
(C) Rock Creek from a lower point located at 47.975 degrees latitude, and −115.742 degrees longitude to an upper point located at 48.04 degrees latitude, and −115,676 degrees longitude.
(D) Noxon Rapids Reservoir centered at 47.892 degrees latitude, and −115.705 degrees longitude.
(E) Crow Creek from a lower point located at 47.539 degrees latitude, and −115.557 degrees longitude. Crow Creek, East Fork, from a lower point located at 47.525 degrees latitude, and −115.557 degrees longitude to an upper point located at 47.48 degrees latitude, and −115.542 degrees longitude. Graves Creek from a lower point located at 47.682 degrees latitude, and −115.409 degrees longitude to an upper point located at 47.718 degrees latitude, and −115.38 degrees longitude. Prospect Creek from a lower point located at 47.592 degrees latitude, and −115.358 degrees longitude to an upper point located at 47.569 degrees latitude, and −115.676 degrees longitude. Vermilion River from a lower point located at 47.833 degrees latitude, and −115.535 degrees longitude to an upper point located at 47.869 degrees latitude, and −115.409 degrees longitude.
(F) Clark Fork River from a lower point located at 47.813 degrees latitude, and −115.53 degrees longitude to an upper point located at 47.366 degrees latitude, and −114.776 degrees longitude.
(G) Beatrice Creek from a lower point located at 47.794 degrees latitude, and −115.102 degrees longitude to an upper
(H) Flathead River from a lower point located at 47.366 degrees latitude, and −114.776 degrees longitude to an upper point located at 47.354 degrees latitude, and −114.285 degrees longitude.
(I) Jocko River from a lower point located at 47.322 degrees latitude, and −114.304 degrees longitude to an upper point located at 47.201 degrees latitude, and −113.924 degrees longitude. Jocko River, Middle Fork, from a lower point located at 47.201 degrees latitude, and −113.924 degrees longitude to an upper point located at 47.203 degrees latitude, and −113.761 degrees longitude. Jocko River, North Fork, from a lower point located at 47.201 degrees latitude, and −113.924 degrees longitude to an upper point located at 47.226 degrees latitude, and −113.816 degrees longitude. Jocko River, South Fork, from a lower point located at 47.195 degrees latitude, and −113.852 degrees longitude to an upper point located at 47.104 degrees latitude, and −113.766 degrees longitude.
(J) Dry Creek from a lower point located at 47.305 degrees latitude, and −114.064 degrees longitude to an upper point located at 47.259 degrees latitude, and −113.903 degrees longitude. McDonald Lake centered at 47.421 degrees latitude, and −113.977 degrees longitude. Mission Creek from a lower point located at 47.354 degrees latitude, and −114.285 degrees longitude to an upper point located at 47.32 degrees latitude, and −113.988 degrees longitude. Mission Reservoir centered at 47.319 degrees latitude, and −114.007 degrees longitude. Post Creek from a lower point located at 47.36 degrees latitude, and −114.168 degrees longitude to an upper point located at 47.41 degrees latitude, and −113.935 degrees longitude. Saint Mary's Lake centered at 47.261 degrees latitude, and −113.922 degrees longitude.
(iii) Critical Habitat Subunit—Middle Clark Fork River.
(A) Clark Fork River from a lower point located at 47.366 degrees latitude, and −114.776 degrees longitude to an upper point located at 46.87 degrees latitude, and −113.889 degrees longitude.
(B) Big Creek from a lower point located at 47.378 degrees latitude, and −115.384 degrees longitude to an upper point located at 47.364 degrees latitude, and −115.444 degrees longitude. Big Creek, East Fork, from a lower point located at 47.362 degrees latitude, and −115.429 degrees longitude to an upper point located at 47.284 degrees latitude, and −115.455 degrees longitude. Big Creek, Middle Fork, from a lower point located at 47.364 degrees latitude, and −115.444 degrees longitude to an upper point located at 47.312 degrees latitude, and −115.492 degrees longitude. Big Creek, West Fork from a lower point located at 47.364 degrees latitude, and −115.444 degrees longitude to an upper point located at 47.35 degrees latitude, and −115.544 degrees longitude. Deer Creek from a lower point located at 47.377 degrees latitude, and −115.359 degrees longitude to an upper point located at 47.326 degrees latitude, and −115.389 degrees longitude. Little Joe Creek from a lower point located at 47.297 degrees latitude, and −115.12 degrees longitude to an upper point located at 47.27 degrees latitude, and −115.14 degrees longitude. Little Joe Creek, North Fork from a lower point located at 47.27 degrees latitude, and −115.14 degrees longitude to an upper point located at 47.186 degrees latitude, and −115.285 degrees longitude. Little Joe Creek, South Fork from a lower point located at 47.27 degrees latitude, and −115.14 degrees longitude to an upper point located at 47.154 degrees latitude, and −115.234 degrees longitude. St. Regis River from a lower point located at 47.297 degrees latitude, and −115.089 degrees longitude to an upper point located at 47.427 degrees latitude, and −115.741 degrees longitude. Twelvemile Creek from a lower point located at 47.35 degrees latitude, and −115.291 degrees longitude to an upper point located at 47.465 degrees latitude, and −115.324 degrees longitude. Ward Creek from a lower point located at 47.312 degrees latitude, and −115.233 degrees longitude to an upper point located at 47.274 degrees latitude, and −115.364 degrees longitude.
(C) Cedar Creek from a lower point located at 47.178 degrees latitude, and −114.862 degrees longitude to an upper point located at 47.049 degrees latitude, and −115.043 degrees longitude. Lost Creek from a lower point located at 47.128 degrees latitude, and −115.012 degrees longitude to an upper point located at 47.101 degrees latitude, and −115.126 degrees longitude. Oregon Gulch from a lower point located at 47.144 degrees latitude, and −114.967 degrees longitude to an upper point located at 47.128 degrees latitude, and −115.012 degrees longitude.
(D) Trout Creek from a lower point located at 47.143 degrees latitude, and −114.829 degrees longitude to an upper point located at 47.004 degrees latitude, and −114.992 degrees longitude.
(E) Cache Creek from a lower point located at 46.814 degrees latitude, and −114.639 degrees longitude to an upper point located at 46.726 degrees latitude, and −114.758 degrees longitude. Fish Creek from a lower point located at 47.004 degrees latitude, and −114.699 degrees longitude to an upper point located at 46.927 degrees latitude, and −114.696 degrees longitude. Fish Creek, North Fork, from a lower point located at 46.907 degrees latitude, and −114.805 degrees longitude to an upper point located at 46.929 degrees latitude, and −114.944 degrees longitude. Fish Creek, South Fork, from a lower point located at 46.927 degrees latitude, and −114.696 degrees longitude to an upper point located at 46.753 degrees latitude, and −114.571 degrees longitude. Fish Creek, West Fork, from a lower point located at 46.927 degrees latitude, and −114.696 degrees longitude to an upper point located at 46.812 degrees latitude, and −114.89 degrees longitude. Indian Creek from a lower point located at 46.855 degrees latitude, and −114.835 degrees longitude to an upper point located at 46.838 degrees latitude, and −114.834 degrees longitude. Montana Creek from a lower point located at 46.8 degrees latitude, and −114.654 degrees longitude to an upper point located at 46.808 degrees latitude, and −114.762 degrees longitude. Straight Creek from a lower point located at 46.91 degrees latitude, and −114.815 degrees longitude to an upper point located at 46.86 degrees latitude, and −114.937 degrees longitude. Surveyors Creek from a lower point located at 46.846 degrees latitude, and −114.683 degrees longitude to an upper point located at 46.823 degrees latitude, and −114.757 degrees longitude. White Creek from a lower point located at 46.797 degrees latitude, and −114.659 degrees longitude to an upper point located at 46.753 degrees latitude, and −114.614 degrees longitude.
(F) Petty Creek from a lower point located at 46.992 degrees latitude, and
(G) Rattlesnake Creek from a lower point located at 46.867 degrees latitude, and −113.985 degrees longitude to an upper point located at 47.098 degrees latitude, and −113.909 degrees longitude.
(iv) Critical Habitat Subunit—Upper Clark Fork River.
(A) Clark Fork River from a lower point located at 46.87 degrees latitude, and −113.889 degrees longitude to an upper point located at 46.21 degrees latitude, and −112.767 degrees longitude.
(B) Harvey Creek from a lower point located at 46.707 degrees latitude, and −113.372 degrees longitude to an upper point located at 46.581 degrees latitude, and −113.573 degrees longitude.
(C) Flint Creek from a lower point located at 46.654 degrees latitude, and −113.145 degrees longitude to an upper point located at 46.478 degrees latitude, and −113.237 degrees longitude.
(D) Boulder Creek from a lower point located at 46.478 degrees latitude, and −113.237 degrees longitude to an upper point located at 46.343 degrees latitude, and −113.076 degrees longitude. South Boulder Creek from a lower point located at 46.441 degrees latitude, and −113.214 degrees longitude to an upper point located at 46.33 degrees latitude, and −113.219 degrees longitude.
(E) Little Blackfoot River from a lower point located at 46.515 degrees latitude, and −112.797 degrees longitude to an upper point located at 46.341 degrees latitude, and −112.465 degrees longitude.
(F) Racetrack Creek from a lower point located at 46.285 degrees latitude, and −112.729 degrees longitude to an upper point located at 46.279 degrees latitude, and −112.949 degrees longitude.
(G) Barker Creek from a lower point located at 46.163 degrees latitude, and −113.115 degrees longitude to an upper point located at 46.1 degrees latitude, and −113.115 degrees longitude. Cable Creek from a lower point located at 46.172 degrees latitude, and −113.18 degrees longitude to an upper point located at 46.196 degrees latitude, and −113.213 degrees longitude. Foster Creek from a lower point located at 46.164 degrees latitude, and −113.12 degrees longitude to an upper point located at 46.283 degrees latitude, and −113.109 degrees longitude. Storm Lake Creek from a lower point located at 46.169 degrees latitude, and −113.153 degrees longitude to an upper point located at 46.075 degrees latitude, and −113.267 degrees longitude. Twin Lakes Creek from a lower point located at 46.169 degrees latitude, and −113.152 degrees longitude to an upper point located at 46.056 degrees latitude, and −113.226 degrees longitude. Warm Springs Creek from a lower point located at 46.21 degrees latitude, and −112.767 degrees longitude to an upper point located at 46.261 degrees latitude, and −113.137 degrees longitude.
(v) Critical Habitat Subunit—Priest Lakes and River.
(A) Cedar Creek from a lower point located at 48.88 degrees latitude, and −116.959 degrees longitude to an upper point located at 48.909 degrees latitude, and −116.885 degrees longitude. Lime Creek from a lower point located at 48.894 degrees latitude, and −116.964 degrees longitude to an upper point located at 48.938 degrees latitude, and −116.929 degrees longitude. Rock Creek from a lower point located at 48.906 degrees latitude, and −116.97 degrees longitude to an upper point located at 48.954 degrees latitude, and −116.945 degrees longitude. Upper Priest River from a lower point located at 48.799 degrees latitude, and −116.911 degrees longitude to an upper point located at 49 degrees latitude, and −116.936 degrees longitude.
(B) Gold Creek from a lower point located at 48.821 degrees latitude, and −116.973 degrees longitude to an upper point located at 48.807 degrees latitude, and −117.112 degrees longitude. Hughes Fork from a lower point located at 48.805 degrees latitude, and −116.923 degrees longitude to an upper point located at 48.946 degrees latitude, and −117.023 degrees longitude.
(C) Upper Priest Lake centered at 48.785 degrees latitude, and −116.888 degrees longitude.
(D) Trapper Creek from a lower point located at 48.796 degrees latitude, and −116.896 degrees longitude to an upper point located at 48.877 degrees latitude, and −116.846 degrees longitude.
(E) Priest Lake centered at 48.588 degrees latitude, and −116.864 degrees longitude. The Thorofare from a lower point located at 48.74 degrees latitude, and −116.842 degrees longitude to an upper point located at 48.766 degrees latitude, and −116.864 degrees longitude.
(F) Lion Creek from a lower point located at 48.736 degrees latitude, and −116.831 degrees longitude to an upper point located at 48.725 degrees latitude, and −116.672 degrees longitude. South Fork Lion Creek from a lower point located at 48.743 degrees latitude, and −116.797 degrees longitude to an upper point located at 48.716 degrees latitude, and −116.718 degrees longitude.
(G) Two Mouth Creek from a lower point located at 48.688 degrees latitude, and −116.836 degrees longitude to an upper point located at 48.674 degrees latitude, and −116.676 degrees longitude.
(H) Granite Creek from a lower point located at 48.639 degrees latitude, and −116.863 degrees longitude to an upper point located at 48.7 degrees latitude, and −117.029 degrees longitude. North Fork Granite Creek from a lower point located at 48.7 degrees latitude, and −117.029 degrees longitude to an upper point located at 48.77 degrees latitude, and −117.142 degrees longitude. South Fork Granite Creek from a lower point located at 48.7 degrees latitude, and −117.029 degrees longitude to an upper point located at 48.761 degrees latitude, and −117.147 degrees longitude.
(I) Indian Creek from a lower point located at 48.61 degrees latitude, and −116.836 degrees longitude to an upper point located at 48.634 degrees latitude, and −116.789 degrees longitude. North Fork Indian Creek from a lower point located at 48.634 degrees latitude, and −116.789 degrees longitude to an upper point located at 48.627 degrees latitude, and −116.691 degrees longitude. South Fork Indian Creek from a lower point located at 48.634 degrees latitude, and −116.789 degrees longitude to an upper point located at 48.624 degrees latitude, and −116.716 degrees longitude.
(J) Kalispell Creek from a lower point located at 48.567 degrees latitude, and −116.921 degrees longitude to an upper point located at 48.626 degrees latitude, and −117.134 degrees longitude.
(K) Soldier Creek from a lower point located at 48.503 degrees latitude, and −116.838 degrees longitude to an upper point located at 48.547 degrees latitude, and −116.698 degrees longitude.
(vi) Critical Habitat Subunit—Flathead Lake, Flathead River and 20 Headwater lakes.
(A) Flathead Lake centered at 47.886 degrees latitude, and −114.133 degrees longitude.
(B) Flathead River from a lower point located at 48.061 degrees latitude, and −114.127 degrees longitude to an upper point located at 48.468 degrees latitude, and −114.069 degrees longitude. Flathead River, Middle Fork from a lower point located at 48.468 degrees latitude, and −114.069 degrees longitude to an upper point located at 47.996 degrees latitude, and −113.057 degrees longitude. Flathead River, North Fork from a lower point located at 48.468 degrees latitude, and −114.069 degrees longitude to an upper point located at 49 degrees latitude, and −114.474 degrees longitude.
(C) Nyack Creek from a lower point located at 48.452 degrees latitude, and −113.796 degrees longitude to an upper point located at 48.489 degrees latitude, and −113.7 degrees longitude.
(D) Park Creek from a lower point located at 48.31 degrees latitude, and −113.613 degrees longitude to an upper point located at 48.369 degrees latitude, and −113.49 degrees longitude.
(E) Ole Creek from a lower point located at 48.283 degrees latitude, and −113.598 degrees longitude to an upper point located at 48.315 degrees latitude, and −113.463 degrees longitude.
(F) Bear Creek from a lower point located at 48.234 degrees latitude, and −113.566 degrees longitude to an upper point located at 48.296 degrees latitude, and −113.384 degrees longitude.
(G) Long Creek from a lower point located at 48.157 degrees latitude, and −113.529 degrees longitude to an upper point located at 48.094 degrees latitude, and −113.496 degrees longitude.
(H) Granite Creek from a lower point located at 48.145 degrees latitude, and −113.376 degrees longitude to an upper point located at 48.226 degrees latitude, and −113.332 degrees longitude.
(I) Lodgepole Creek from a lower point located at 48.115 degrees latitude, and −113.264 degrees longitude to an upper point located at 48.123 degrees latitude, and −113.233 degrees longitude. Morrison Creek from a lower point located at 48.11 degrees latitude, and −113.31 degrees longitude to an upper point located at 48.22 degrees latitude, and −113.272 degrees longitude. Puzzle Creek from a lower point located at 48.22 degrees latitude, and −113.272 degrees longitude to an upper point located at 48.187 degrees latitude, and −113.247 degrees longitude. Whistler Creek from a lower point located at 48.123 degrees latitude, and −113.233 degrees longitude to an upper point located at 48.169 degrees latitude, and −113.226 degrees longitude.
(J) Dolly Varden Creek from a lower point located at 48.066 degrees latitude, and −113.244 degrees longitude to an upper point located at 47.995 degrees latitude, and −113.184 degrees longitude. Schafer Creek from a lower point located at 48.071 degrees latitude, and −113.25 degrees longitude to an upper point located at 48.038 degrees latitude, and −113.269 degrees longitude.
(K) Clack Creek from a lower point located at 48.012 degrees latitude, and −113.089 degrees longitude to an upper point located at 47.988 degrees latitude, and −113.104 degrees longitude.
(L) Basin Creek from a lower point located at 47.966 degrees latitude, and −112.995 degrees longitude to an upper point located at 47.935 degrees latitude, and −113.073 degrees longitude. Bowl Creek from a lower point located at 47.996 degrees latitude, and −113.057 degrees longitude to an upper point located at 47.966 degrees latitude, and −112.995 degrees longitude. Scalp Creek from a lower point located at 47.982 degrees latitude, and −113.041 degrees longitude to an upper point located at 47.957 degrees latitude, and −113.081 degrees longitude.
(M) Gateway Creek from a lower point located at 48.03 degrees latitude, and −113.021 degrees longitude to an upper point located at 48.046 degrees latitude, and −112.958 degrees longitude. Strawberry Creek from a lower point located at 47.996 degrees latitude, and −113.057 degrees longitude to an upper point located at 48.132 degrees latitude, and −113.033 degrees longitude. Strawberry Creek, East Fork, from a lower point located at 48.064 degrees latitude, and −113.03 degrees longitude to an upper point located at 48.089 degrees latitude, and −112.983 degrees longitude. Trail Creek from a lower point located at 48.014 degrees latitude, and −113.019 degrees longitude to an upper point located at 48.012 degrees latitude, and −112.946 degrees longitude.
(N) Big Creek from a lower point located at 48.604 degrees latitude, and −14.163 degrees longitude to an upper point located at 48.551 degrees latitude, and −114.335 degrees longitude. Hallowat Creek from a lower point located at 48.575 degrees latitude, and −114.316 degrees longitude to an upper point located at 48.615 degrees latitude, and −114.456 degrees longitude. Kletomus Creek from a lower point located at 48.602 degrees latitude, and −114.413 degrees longitude to an upper point located at 48.644 degrees latitude, and −114.413 degrees longitude. Skookoleel Creek from a lower point located at 48.571 degrees latitude, and −114.313 degrees longitude to an upper point located at 48.522 degrees latitude, and −114.295 degrees longitude. Werner Creek from a lower point located at 48.594 degrees latitude, and −114.364 degrees longitude to an upper point located at 48.585 degrees latitude, and −114.413 degrees longitude.
(O) Coal Creek from a lower point located at 48.69 degrees latitude, and −114.193 degrees longitude to an upper point located at 48.698 degrees latitude, and −114.494 degrees longitude. Coal Creek, South Fork from a lower point located at 48.68 degrees latitude, and −114.345 degrees longitude to an upper point located at 48.674 degrees latitude, and −114.471 degrees longitude. Cyclone Creek from a lower point located at 48.665 degrees latitude, and −114.238 degrees longitude to an upper point located at 48.712 degrees latitude, and −114.391 degrees longitude. Mathias Creek from a lower point located at 48.669 degrees latitude, and −114.422 degrees longitude to an upper point located at 48.647 degrees latitude, and −114.471 degrees longitude.
(P) Cyclone Lake centered at 48.705 degrees latitude, and −114.3 degrees longitude.
(Q) Red Meadow Creek from a lower point located at 48.805 degrees latitude, and −114.324 degrees longitude to an upper point located at 48.753 degrees latitude, and −114.565 degrees longitude.
(R) Shorty Creek from a lower point located at 48.851 degrees latitude, and −114.593 degrees longitude to an upper point located at 48.818 degrees latitude, and −114.613 degrees longitude. Shorty Creek, South Fork, from a lower point located at 48.818 degrees latitude, and −114.613 degrees longitude to an upper point located at 48.804 degrees latitude, and −114.613 degrees longitude. Whale Creek from a lower point located at 48.849 degrees latitude, and −114.352 degrees longitude to an upper point located at 48.851 degrees latitude, and −114.593 degrees longitude.
(S) Trail Creek from a lower point located at 48.924 degrees latitude, and −114.386 degrees longitude to an upper point located at 48.934 degrees latitude, and −114.534 degrees longitude.
(T) Swift Creek from a lower point located at 48.481 degrees latitude, and −114.424 degrees longitude to an upper point located at 48.654 degrees latitude, and −114.55 degrees longitude. Swift Creek, West Fork from a lower point located at 48.654 degrees latitude, and −114.55 degrees longitude to an upper point located at 48.723 degrees latitude, and −114.667 degrees longitude. Whitefish Lake centered at 48.451 degrees latitude, and −114.381 degrees longitude.
(U) Swift Creek, East Fork from a lower point located at 48.687 degrees latitude, and −114.582 degrees longitude to an upper point located at 48.756 degrees latitude, and −114.583 degrees longitude. Upper Whitefish Lake centered at 48.687 degrees latitude, and −114.578 degrees longitude.
(V) Fitzsimmons Creek from a lower point located at 48.735 degrees latitude, and −114.733 degrees longitude to an upper point located at 48.752 degrees latitude, and −114.618 degrees longitude. Stillwater River from a lower point located at 48.604 degrees latitude, and −114.655 degrees longitude to an upper point located at 48.789 degrees
(W) Lake McDonald centered at 48.584 degrees latitude, and -113.925 degrees longitude. McDonald Creek from a lower point located at 48.632 degrees latitude, and -113.868 degrees longitude to an upper point located at 48.646 degrees latitude, and -113.847 degrees longitude.
(X) Lincoln Creek from a lower point located at 48.592 degrees latitude, and -113.766 degrees longitude to an upper point located at 48.595 degrees latitude, and -113.758 degrees longitude. Lincoln Lake centered at 48.591 degrees latitude, and -113.77 degrees longitude.
(Y) Harrison Creek from a lower point located at 48.529 degrees latitude, and -113.75 degrees longitude to an upper point located at 48.574 degrees latitude, and -113.701 degrees longitude. Harrison Lake centered at 48.516 degrees latitude, and -113.77 degrees longitude.
(Z) Lake Isabel centered at 48.422 degrees latitude, and -113.493 degrees longitude. Park Creek from a lower point located at 48.422 degrees latitude, and -113.496 degrees longitude to an upper point located at 48.421 degrees latitude, and -113.505 degrees longitude.
(AA) Arrow Lake centered at 48.706 degrees latitude, and -113.884 degrees longitude. Camas Creek from a lower point located at 48.69 degrees latitude, and -113.901 degrees longitude to an upper point located at 48.738 degrees latitude, and -113.883 degrees longitude. Trout Lake centered at 48.68 degrees latitude, and -113.909 degrees longitude.
(BB) Logging Creek from a lower point located at 48.784 degrees latitude, and -114.002 degrees longitude to an upper point located at 48.776 degrees latitude, and -114.019 degrees longitude. Logging Lake centered at 48.758 degrees latitude, and -114.074 degrees longitude.
(CC) Cerulean Lake centered at 48.872 degrees latitude, and -114.056 degrees longitude. Lower Quartz Lake centered at 48.807 degrees latitude, and -114.171 degrees longitude. Middle Quartz Lake centered at 48.822 degrees latitude, and -114.141 degrees longitude. Quartz Creek from a lower point located at 48.815 degrees latitude, and -114.165 degrees longitude to an upper point located at 48.839 degrees latitude, and -114.003 degrees longitude. Quartz Lake centered at 48.828 degrees latitude, and -114.095 degrees longitude. Rainbow Creek from a lower point located at 48.855 degrees latitude, and -114.053 degrees longitude to an upper point located at 48.869 degrees latitude, and -114.052 degrees longitude.
(DD) Bowman Creek from a lower point located at 48.906 degrees latitude, and -114.117 degrees longitude to an upper point located at 48.974 degrees latitude, and -114.063 degrees longitude. Bowman Lake centered at 48.872 degrees latitude, and -114.153 degrees longitude.
(EE) Akokala Creek from a lower point located at 48.881 degrees latitude, and -114.198 degrees longitude to an upper point located at 48.892 degrees latitude, and -114.191 degrees longitude. Akokala Lake centered at 48.879 degrees latitude, and -114.198 degrees longitude.
(FF) Kintla Creek from a lower point located at 48.975 degrees latitude, and -114.25 degrees longitude to an upper point located at 48.986 degrees latitude, and -114.063 degrees longitude. Kintla Lake centered at 48.959 degrees latitude, and -114.306 degrees longitude.
(GG) Upper Kintla Lake centered at 48.976 degrees latitude, and -114.175 degrees longitude.
(HH) Frozen Creek from a lower point located at 48.999 degrees latitude, and -114.685 degrees longitude to an upper point located at 48.99 degrees latitude, and -114.737 degrees longitude. Frozen Lake centered at 48.999 degrees latitude, and -114.68 degrees longitude.
(vii) Critical Habitat Subunit—Swan.
(A) Swan Lake centered at 47.945 degrees latitude, and -113.878 degrees longitude. Swan River from a lower point located at 47.928 degrees latitude, and -113.88 degrees longitude to an upper point located at 47.295 degrees latitude, and -113.782 degrees longitude.
(B) Lost Creek from a lower point located at 47.873 degrees latitude, and -113.824 degrees longitude to an upper point located at 47.87 degrees latitude, and -113.848 degrees longitude. Lost Creek, North Fork from a lower point located at 47.873 degrees latitude, and -113.824 degrees longitude to an upper point located at 47.897 degrees latitude, and -113.737 degrees longitude. Lost Creek, South Fork from a lower point located at 47.873 degrees latitude, and -113.824 degrees longitude to an upper point located at 47.869 degrees latitude, and -113.736 degrees longitude.
(C) Soup Creek from a lower point located at 47.837 degrees latitude, and -113.843 degrees longitude to an upper point located at 47.812 degrees latitude, and -113.751 degrees longitude.
(D) Woodward Creek from a lower point located at 47.777 degrees latitude, and -113.845 degrees longitude to an upper point located at 47.767 degrees latitude, and -113.879 degrees longitude. Woodward Creek, South Fork from a lower point located at 47.754 degrees latitude, and -113.857 degrees longitude to an upper point located at 47.717 degrees latitude, and -113.857 degrees longitude.
(E) Goat Creek from a lower point located at 47.749 degrees latitude, and -113.828 degrees longitude to an upper point located at 47.773 degrees latitude, and -113.694 degrees longitude. Squeezer Creek from a lower point located at 47.75 degrees latitude, and -113.815 degrees longitude to an upper point located at 47.717 degrees latitude, and -113.727 degrees longitude.
(F) Lion Creek from a lower point located at 47.681 degrees latitude, and -113.815 degrees longitude to an upper point located at 47.67 degrees latitude, and -113.71 degrees longitude.
(G) Piper Creek from a lower point located at 47.675 degrees latitude, and -113.815 degrees longitude to an upper point located at 47.637 degrees latitude, and -113.844 degrees longitude.
(H) Jim Creek from a lower point located at 47.648 degrees latitude, and -113.792 degrees longitude to an upper point located at 47.575 degrees latitude, and -113.856 degrees longitude.
(I) Cold Creek from a lower point located at 47.584 degrees latitude, and -113.756 degrees longitude to an upper point located at 47.562 degrees latitude, and -113.81 degrees longitude.
(J) Elk Creek from a lower point located at 47.544 degrees latitude, and -113.741 degrees longitude to an upper point located at 47.48 degrees latitude, and -113.856 degrees longitude.
(K) Crystal Creek from a lower point located at 47.336 degrees latitude, and -113.767 degrees longitude to an upper point located at 47.334 degrees latitude, and -113.775 degrees longitude. Lindbergh Lake centered at 47.379 degrees latitude, and -113.739 degrees longitude.
(L) Holland Creek from a lower point located at 47.451 degrees latitude, and -113.572 degrees longitude to an upper point located at 47.451 degrees latitude, and -113.58 degrees longitude. Holland Lake centered at 47.448 degrees latitude, and -113.597 degrees longitude.
(viii) Critical Habitat Subunit—Hungry Horse Reservoir.
(A) Flathead River, South Fork from a lower point located at 47.445 degrees latitude, and -113.183 degrees longitude to an upper point located at 48.001 degrees latitude, and -113.571 degrees longitude. Hungry Horse Reservoir centered at 48.2 degrees latitude, and -113.771 degrees longitude.
(B) Wounded Buck Creek from a lower point located at 48.28 degrees
(C) Wheeler Creek from a lower point located at 48.096 degrees latitude, and -113.729 degrees longitude to an upper point located at 48.067 degrees latitude, and -113.776 degrees longitude.
(D) Quintonkon Creek from a lower point located at 48.026 degrees latitude, and -113.707 degrees longitude to an upper point located at 48.013 degrees latitude, and -113.766 degrees longitude. Sullivan Creek from a lower point located at 48.044 degrees latitude, and -113.689 degrees longitude to an upper point located at 47.879 degrees latitude, and -113.656 degrees longitude.
(E) Spotted Bear River from a lower point located at 47.924 degrees latitude, and -113.526 degrees longitude to an upper point located at 47.878 degrees latitude, and -113.212 degrees longitude.
(F) Bunker Creek from a lower point located at 47.83 degrees latitude, and -113.415 degrees longitude to an upper point located at 47.829 degrees latitude, and -113.581 degrees longitude.
(G) Little Salmon Creek from a lower point located at 47.655 degrees latitude, and -113.36 degrees longitude to an upper point located at 47.588 degrees latitude, and -113.61 degrees longitude.
(H) Big Salmon Creek from a lower point located at 47.586 degrees latitude, and -113.419 degrees longitude to an upper point located at 47.567 degrees latitude, and -113.495 degrees longitude. Big Salmon Lake centered at 47.602 degrees latitude, and -113.386 degrees longitude.
(I) White River from a lower point located at 47.588 degrees latitude, and -113.298 degrees longitude to an upper point located at 47.611 degrees latitude, and -113.203 degrees longitude.
(J) Gordon Creek from a lower point located at 47.479 degrees latitude, and -113.224 degrees longitude to an upper point located at 47.424 degrees latitude, and -113.437 degrees longitude.
(K) Doctor Creek from a lower point located at 47.388 degrees latitude, and -113.482 degrees longitude to an upper point located at 47.429 degrees latitude, and -113.458 degrees longitude. Doctor Lake centered at 47.404 degrees latitude, and -113.48 degrees longitude.
(L) Babcock Creek from a lower point located at 47.366 degrees latitude, and -113.269 degrees longitude to an upper point located at 47.359 degrees latitude, and -113.351 degrees longitude. Youngs Creek from a lower point located at 47.445 degrees latitude, and -113.183 degrees longitude to an upper point located at 47.282 degrees latitude, and -113.313 degrees longitude.
(M) Danaher Creek from a lower point located at 47.445 degrees latitude, and -113.183 degrees longitude to an upper point located at 47.275 degrees latitude, and -113.014 degrees longitude. Rapid Creek from a lower point located at 47.372 degrees latitude, and -113.054 degrees longitude to an upper point located at 47.382 degrees latitude, and -113.026 degrees longitude.
(ix) Critical Habitat Subunit—Bitterroot.
(A) Bitterroot River from a lower point located at 46.861 degrees latitude, and -114.118 degrees longitude to an upper point located at 45.944 degrees latitude, and -114.128 degrees longitude.
(B) Burnt Fork Creek from a lower point located at 46.542 degrees latitude, and -114.099 degrees longitude to an upper point located at 46.304 degrees latitude, and -113.837 degrees longitude. Gold Creek from a lower point located at 46.398 degrees latitude, and -113.903 degrees longitude to an upper point located at 46.324 degrees latitude, and -113.904 degrees longitude. Little Burnt Fork Creek from a lower point located at 46.322 degrees latitude, and -113.808 degrees longitude to an upper point located at 46.287 degrees latitude, and -113.831 degrees longitude.
(C) Fred Burr Creek from a lower point located at 46.348 degrees latitude, and -114.152 degrees longitude to an upper point located at 46.357 degrees latitude, and -114.315 degrees longitude. Mill Creek from a lower point located at 46.372 degrees latitude, and -114.127 degrees longitude to an upper point located at 46.312 degrees latitude, and -114.286 degrees longitude.
(D) Blodgett Creek from a lower point located at 46.312 degrees latitude, and -114.145 degrees longitude to an upper point located at 46.248 degrees latitude, and -114.453 degrees longitude.
(E) Daly Creek from a lower point located at 46.168 degrees latitude, and -113.911 degrees longitude to an upper point located at 46.25 degrees latitude, and -113.823 degrees longitude. Railroad Creek from a lower point located at 46.158 degrees latitude, and -113.885 degrees longitude to an upper point located at 46.188 degrees latitude, and -113.803 degrees longitude. Skalkaho Creek from a lower point located at 46.22 degrees latitude, and -114.162 degrees longitude to an upper point located at 46.057 degrees latitude, and -113.807 degrees longitude. Weasel Creek from a lower point located at 46.129 degrees latitude, and -113.854 degrees longitude to an upper point located at 46.152 degrees latitude, and -113.799 degrees longitude.
(F) Divide Creek from a lower point located at 46.064 degrees latitude, and -113.967 degrees longitude to an upper point located at 46.043 degrees latitude, and -113.818 degrees longitude. Sleeping Child Creek from a lower point located at 46.162 degrees latitude, and -114.159 degrees longitude to an upper point located at 46.033 degrees latitude, and -113.814 degrees longitude. Switchback Creek from a lower point located at 46.059 degrees latitude, and -113.933 degrees longitude to an upper point located at 46.066 degrees latitude, and -113.925 degrees longitude. Two Bear Creek from a lower point located at 46.111 degrees latitude, and -114.009 degrees longitude to an upper point located at 46.094 degrees latitude, and -113.897 degrees longitude.
(G) Beaver Creek from a lower point located at 45.528 degrees latitude, and -114.318 degrees longitude to an upper point located at 45.507 degrees latitude, and -114.393 degrees longitude. Bitterroot River, West Fork from a lower point located at 45.944 degrees latitude, and -114.128 degrees longitude to an upper point located at 45.461 degrees latitude, and -114.341 degrees longitude. Blue Joint Creek from a lower point located at 45.696 degrees latitude, and -114.314 degrees longitude to an upper point located at 45.6 degrees latitude, and -114.518 degrees longitude. Chicken Creek from a lower point located at 45.601 degrees latitude, and -114.313 degrees longitude to an upper point located at 45.621 degrees latitude, and -114.403 degrees longitude. Deer Creek from a lower point located at 45.595 degrees latitude, and -114.321 degrees longitude to an upper point located at 45.57 degrees latitude, and -114.509 degrees longitude. Hughes Creek from a lower point located at 45.621 degrees latitude, and -114.303 degrees longitude to an upper point located at 45.667 degrees latitude, and -114.021 degrees longitude. Johnson Creek from a lower point located at 45.538 degrees latitude, and -114.319 degrees longitude to an upper point located at 45.494 degrees latitude, and -114.268 degrees longitude. Overwhich Creek from a lower point located at 45.675 degrees latitude, and -114.307 degrees longitude to an upper point located at 45.717 degrees latitude, and -114.08 degrees longitude. Painted Rocks Reservoir centered at 45.701 degrees latitude, and -114.293 degrees longitude. Sheep Creek from a lower point located at 45.52 degrees latitude, and -114.319 degrees longitude to an upper point located at 45.482 degrees latitude, and
(H) Bitterroot River, East Fork from a lower point located at 45.944 degrees latitude, and -114.128 degrees longitude to an upper point located at 45.911 degrees latitude, and -113.595 degrees longitude. Buck Creek from a lower point located at 45.903 degrees latitude, and -113.631 degrees longitude to an upper point located at 45.891 degrees latitude, and -113.633 degrees longitude. Bugle Creek from a lower point located at 45.878 degrees latitude, and -113.786 degrees longitude to an upper point located at 45.835 degrees latitude, and -113.776 degrees longitude. Bush Creek from a lower point located at 45.944 degrees latitude, and -113.733 degrees longitude to an upper point located at 46 degrees latitude, and -113.731 degrees longitude. Lick Creek from a lower point located at 45.938 degrees latitude, and -113.717 degrees longitude to an upper point located at 45.944 degrees latitude, and -113.656 degrees longitude. Martin Creek from a lower point located at 45.93 degrees latitude, and -113.723 degrees longitude to an upper point located at 46.03 degrees latitude, and -113.778 degrees longitude. Meadow Creek from a lower point located at 45.908 degrees latitude, and -113.78 degrees longitude to an upper point located at 45.798 degrees latitude, and -113.782 degrees longitude. Moose Creek from a lower point located at 45.922 degrees latitude, and -113.727 degrees longitude to an upper point located at 46.01 degrees latitude, and -113.708 degrees longitude. Reynolds Creek from a lower point located at 45.947 degrees latitude, and -113.717 degrees longitude to an upper point located at 45.957 degrees latitude, and -113.646 degrees longitude. Sign Creek from a lower point located at 45.97 degrees latitude, and -113.711 degrees longitude to an upper point located at 45.993 degrees latitude, and -113.678 degrees longitude. Swift Creek from a lower point located at 45.891 degrees latitude, and -113.776 degrees longitude to an upper point located at 45.874 degrees latitude, and -113.753 degrees longitude.
(I) Fault Creek from a lower point located at 45.76 degrees latitude, and -114.108 degrees longitude to an upper point located at 45.724 degrees latitude, and -114.081 degrees longitude. Fire Creek from a lower point located at 45.791 degrees latitude, and -114.065 degrees longitude to an upper point located at 45.788 degrees latitude, and -114.038 degrees longitude. Porcupine Creek from a lower point located at 45.756 degrees latitude, and -114.056 degrees longitude to an upper point located at 45.723 degrees latitude, and -114.003 degrees longitude. Prayer Creek from a lower point located at 45.756 degrees latitude, and -114.055 degrees longitude to an upper point located at 45.726 degrees latitude, and -114.026 degrees longitude. Warm Springs Creek from a lower point located at 45.86 degrees latitude, and -114.025 degrees longitude to an upper point located at 45.726 degrees latitude, and -114.057 degrees longitude. Wiles Creek from a lower point located at 45.766 degrees latitude, and -114.075 degrees longitude to an upper point located at 45.726 degrees latitude, and -114.142 degrees longitude.
(x) Critical Habitat Subunit—Blackfoot River.
(A) Blackfoot River from a lower point located at 46.87 degrees latitude, and -113.889 degrees longitude to an upper point located at 47.011 degrees latitude, and -112.476 degrees longitude.
(B) Daisy Creek from a lower point located at 47.02 degrees latitude, and -113.772 degrees longitude to an upper point located at 47.055 degrees latitude, and -113.822 degrees longitude. Gold Creek from a lower point located at 46.919 degrees latitude, and -113.676 degrees longitude to an upper point located at 47.058 degrees latitude, and -113.743 degrees longitude. Gold Creek, West Fork from a lower point located at 46.996 degrees latitude, and -113.685 degrees longitude to an upper point located at 47.032 degrees latitude, and -113.827 degrees longitude.
(C) Belmont Creek from a lower point located at 46.954 degrees latitude, and −113.569 degrees longitude to an upper point located at 47.061 degrees latitude, and −113.681 degrees longitude.
(D) Cottonwood Creek from a lower point located at 47.025 degrees latitude, and −113.281 degrees longitude to an upper point located at 47.161 degrees latitude, and −113.345 degrees longitude.
(E) Dunham Creek from a lower point located at 47.103 degrees latitude, and −113.155 degrees longitude to an upper point located at 47.238 degrees latitude, and −113.316 degrees longitude. Lodgepole Creek from a lower point located at 47.183 degrees latitude, and −113.202 degrees longitude to an upper point located at 47.229 degrees latitude, and −113.27 degrees longitude. Monture Creek from a lower point located at 47.02 degrees latitude, and −113.235 degrees longitude to an upper point located at 47.301 degrees latitude, and −113.249 degrees longitude.
(F) Blackfoot River, North Fork from a lower point located at 46.985 degrees latitude, and −113.129 degrees longitude to an upper point located at 47.197 degrees latitude, and −112.886 degrees longitude.
(G) Copper Creek from a lower point located at 47.007 degrees latitude, and −112.555 degrees longitude to an upper point located at 47.06 degrees latitude, and −112.752 degrees longitude. Landers Fork from a lower point located at 46.965 degrees latitude, and −112.562 degrees longitude to an upper point located at 47.099 degrees latitude, and −112.566 degrees longitude.
(xi) Critical Habitat Subunit—Clearwater River and Lake Chain.
(A) Salmon Lake centered at 47.091 degrees latitude, and −113.4 degrees longitude.
(B) Clearwater River from a lower point located at 47.107 degrees latitude, and −113.427 degrees longitude to an upper point located at 47.39 degrees latitude, and −113.561 degrees longitude.
(C) Finley Creek from a lower point located at 47.125 degrees latitude, and −113.56 degrees longitude to an upper point located at 47.12 degrees latitude, and −113.649 degrees longitude. Owl Creek from a lower point located at 47.115 degrees latitude, and −113.441 degrees longitude to an upper point located at 47.115 degrees latitude, and −113.502 degrees longitude. Placid Creek from a lower point located at 47.116 degrees latitude, and −113.541 degrees longitude to an upper point located at 47.187 degrees latitude, and −113.692 degrees longitude. Placid Lake centered at 47.119 degrees latitude, and −113.524 degrees longitude.
(D) Morrell Creek from a lower point located at 47.141 degrees latitude, and −113.46 degrees longitude to an upper point located at 47.342 degrees latitude, and −113.471 degrees longitude.
(E) Deer Creek from a lower point located at 47.208 degrees latitude, and −113.529 degrees longitude to an upper point located at 47.249 degrees latitude, and −113.688 degrees longitude. Seeley Lake centered at 47.194 degrees latitude, and −113.509 degrees longitude.
(F) Clearwater RIver, West Fork from a lower point located at 47.256 degrees latitude, and −113.55 degrees longitude to an upper point located at 47.287 degrees latitude, and −113.744 degrees longitude.
(G) Clearwater Lake centered at 47.386 degrees latitude, and −113.559 degrees longitude. Lake Alva centered at 47.314 degrees latitude, and −113.582 degrees longitude. Lake Inez centered at 47.282 degrees latitude, and −113.566 degrees longitude. Rainy Lake centered at 47.339 degrees latitude, and −113.594 degrees longitude.
(H) Clearwater River, East Fork from a lower point located at 47.352 degrees latitude, and −113.581 degrees longitude to an upper point located at 47.343 degrees latitude, and −113.495 degrees longitude. Colt Creek from a lower point located at 47.328 degrees latitude, and −113.589 degrees longitude to an upper point located at 47.361 degrees latitude, and −113.658 degrees longitude.
(xii) Critical Habitat Subunit—Rock Creek.
(A) Rock Creek from a lower point located at 46.725 degrees latitude, and −113.682 degrees longitude to an upper point located at 46.223 degrees latitude, and −113.521 degrees longitude.
(B) Gilbert Creek from a lower point located at 46.682 degrees latitude, and −113.666 degrees longitude to an upper point located at 46.648 degrees latitude, and −113.818 degrees longitude.
(C) Brewster Creek from a lower point located at 46.612 degrees latitude, and −113.653 degrees longitude to an upper point located at 46.582 degrees latitude, and −113.587 degrees longitude.
(D) Ranch Creek from a lower point located at 46.583 degrees latitude, and −113.678 degrees longitude to an upper point located at 46.468 degrees latitude, and −113.577 degrees longitude.
(E) Welcome Creek from a lower point located at 46.566 degrees latitude, and −113.7 degrees longitude to an upper point located at 46.613 degrees latitude, and −113.806 degrees longitude.
(F) Butte Cabin Creek from a lower point located at 46.52 degrees latitude, and −113.767 degrees longitude to an upper point located at 46.482 degrees latitude, and −113.684 degrees longitude.
(G) Wahlquist Creek from a lower point located at 46.501 degrees latitude, and −113.776 degrees longitude to an upper point located at 46.531 degrees latitude, and −113.843 degrees longitude.
(H) Cougar Creek from a lower point located at 46.455 degrees latitude, and −113.768 degrees longitude to an upper point located at 46.47 degrees latitude, and −113.675 degrees longitude.
(I) Hogback Creek from a lower point located at 46.41 degrees latitude, and −113.702 degrees longitude to an upper point located at 46.44 degrees latitude, and −113.625 degrees longitude.
(J) Wyman Creek from a lower point located at 46.396 degrees latitude, and −113.688 degrees longitude to an upper point located at 46.308 degrees latitude, and −113.771 degrees longitude.
(K) Stony Creek from a lower point located at 46.348 degrees latitude, and −113.603 degrees longitude to an upper point located at 46.283 degrees latitude, and −113.771 degrees longitude.
(L) Beaver Creek from a lower point located at 46.472 degrees latitude, and −113.493 degrees longitude to an upper point located at 46.468 degrees latitude, and −113.555 degrees longitude. Upper Willow Creek from a lower point located at 46.331 degrees latitude, and −113.542 degrees longitude to an upper point located at 46.566 degrees latitude, and −113.522 degrees longitude.
(M) Bowles Creek from a lower point located at 46.192 degrees latitude, and −113.747 degrees longitude to an upper point located at 46.207 degrees latitude, and −113.812 degrees longitude. Rock Creek, North Fork from a lower point located at 46.212 degrees latitude, and −113.696 degrees longitude to an upper point located at 46.244 degrees latitude, and −113.772 degrees longitude. Rock Creek, West Fork from a lower point located at 46.223 degrees latitude, and −113.521 degrees longitude to an upper point located at 46.144 degrees latitude, and −113.721 degrees longitude. Sand Basin Creek from a lower point located at 46.197 degrees latitude, and −113.703 degrees longitude to an upper point located at 46.151 degrees latitude, and −113.712 degrees longitude.
(N) Moose Meadow Creek from a lower point located at 46.139 degrees latitude, and −113.591 degrees longitude to an upper point located at 46.078 degrees latitude, and −113.635 degrees longitude. Rock Creek, Ross Fork from a lower point located at 46.224 degrees latitude, and −113.525 degrees longitude to an upper point located at 46.034 degrees latitude, and −113.779 degrees longitude. Rock Creek, Ross Fork, South Fork from a lower point located at 46.113 degrees latitude, and −113.66 degrees longitude to an upper point located at 46.038 degrees latitude, and −113.698 degrees longitude.
(O) East Fork Reservoir centered at 46.118 degrees latitude, and −113.374 degrees longitude. Meadow Creek from a lower point located at 46.157 degrees latitude, and −113.439 degrees longitude to an upper point located at 46.092 degrees latitude, and −113.443 degrees longitude. Rock Creek, East Fork from a lower point located at 46.2 degrees latitude, and −113.499 degrees longitude to an upper point located at 46.021 degrees latitude, and −113.319 degrees longitude.
(P) Carpp Creek from a lower point located at 46.032 degrees latitude, and −113.524 degrees longitude to an upper point located at 45.985 degrees latitude, and −113.446 degrees longitude. Copper Creek from a lower point located at 46.068 degrees latitude, and −113.538 degrees longitude to an upper point located at 45.949 degrees latitude, and −113.569 degrees longitude. Green Canyon Creek from a lower point located at 46.05 degrees latitude, and −113.578 degrees longitude to an upper point located at 46.065 degrees latitude, and −113.646 degrees longitude. Lutz Creek from a lower point located at 46.031 degrees latitude, and −113.61 degrees longitude to an upper point located at 46.051 degrees latitude, and −113.655 degrees longitude. Meyers Creek from a lower point located at 46.052 degrees latitude, and −113.537 degrees longitude to an upper point located at 45.988 degrees latitude, and −113.57 degrees longitude. Rock Creek, Middle Fork from a lower point located at 46.223 degrees latitude, and −113.521 degrees longitude to an upper point located at 45.949 degrees latitude, and −113.523 degrees longitude.
Maps follow for Unit 2, Subunits i-xii.
(7) Unit 3—Kootenai River Basin.
(i) Critical Habitat Subunit—Kootenai River and Bull Lake.
(A) Kootenai River from a lower point located at 49 degrees latitude, and -116.503 degrees longitude to an upper point located at 48.411 degrees latitude, and -115.314 degrees longitude.
(B) Callahan Creek from a lower point located at 48.435 degrees latitude, and -116.012 degrees longitude to an upper point located at 48.458 degrees latitude, and -115.881 degrees longitude. Callahan Creek, North Fork from a lower point located at 48.435 degrees latitude, and -116.012 degrees longitude to an upper point located at 48.506 degrees latitude, and -116.191 degrees longitude. Callahan Creek, South Fork from a lower point located at 48.435 degrees latitude, and -116.012 degrees longitude to an upper point located at 48.434 degrees latitude, and -116.168 degrees longitude. Goat Creek from a lower point located at 48.435 degrees latitude, and -116 degrees longitude to an upper point located at 48.381 degrees latitude, and -116.038 degrees longitude. July Creek from a lower point located at 48.435 degrees latitude, and -115.916 degrees longitude to an upper point located at 48.423 degrees latitude, and -115.919 degrees longitude.
(C) O'Brien Creek from a lower point located at 48.448 degrees latitude, and -115.866 degrees longitude to an upper point located at 48.557 degrees latitude, and -115.862 degrees longitude.
(D) Quartz Creek from a lower point located at 48.438 degrees latitude, and -115.638 degrees longitude to an upper point located at 48.573 degrees latitude, and -115.689 degrees longitude. Quartz Creek, West Fork from a lower point located at 48.479 degrees latitude, and -115.653 degrees longitude to an upper point located at 48.523 degrees latitude, and -115.749 degrees longitude.
(E) Pipe Creek from a lower point located at 48.424 degrees latitude, and -115.606 degrees longitude to an upper point located at 48.674 degrees latitude, and -115.647 degrees longitude. Pipe Creek, East Fork from a lower point located at 48.616 degrees latitude, and -115.618 degrees longitude to an upper point located at 48.692 degrees latitude, and -115.593 degrees longitude.
(F) Bear Creek from a lower point located at 48.184 degrees latitude, and -115.507 degrees longitude to an upper point located at 48.162 degrees latitude, and -115.653 degrees longitude. Libby Creek from a lower point located at 48.393 degrees latitude, and -115.537 degrees longitude to an upper point located at 48.112 degrees latitude, and -115.552 degrees longitude. Poorman Creek from a lower point located at 48.149 degrees latitude, and -115.526 degrees longitude to an upper point located at 48.123 degrees latitude, and -115.631 degrees longitude. Ramsey Creek from a lower point located at 48.139 degrees latitude, and -115.534 degrees longitude to an upper point located at 48.091 degrees latitude, and -115.617 degrees longitude.
(G) Fisher River from a lower point located at 48.366 degrees latitude, and -115.323 degrees longitude to an upper point located at 48.07 degrees latitude, and -115.374 degrees longitude. West Fisher Creek from a lower point located at 48.07 degrees latitude, and -115.374 degrees longitude to an upper point located at 48.05 degrees latitude, and -115.594 degrees longitude.
(H) Bull Lake centered at 48.236 degrees latitude, and -115.844 degrees longitude. Keeler Creek from a lower point located at 48.36 degrees latitude, and -115.851 degrees longitude to an upper point located at 48.331 degrees latitude, and -116.006 degrees longitude. Keeler Creek, North Fork from a lower point located at 48.342 degrees latitude, and -115.896 degrees longitude to an upper point located at 48.364 degrees latitude, and -116.015 degrees longitude. Lake Creek from a lower point located at 48.36 degrees latitude, and -115.851 degrees longitude to an upper point located at 48.283 degrees latitude, and -115.858 degrees longitude.
(ii) Critical Habitat Subunit—Lake Koocanusa and Sophie Lake.
(A) Lake Koocanusa centered at 48.593 degrees latitude, and -115.231 degrees longitude.
(B) Blue Sky Creek from a lower point located at 48.895 degrees latitude, and -114.775 degrees longitude to an upper point located at 48.887 degrees latitude, and -114.751 degrees longitude. Clarence Creek from a lower point located at 48.889 degrees latitude, and -114.798 degrees longitude to an upper point located at 48.936 degrees latitude, and -114.85 degrees longitude. Grave Creek from a lower point located at 48.798 degrees latitude, and -114.952 degrees longitude to an upper point located at 48.927 degrees latitude, and -114.75 degrees longitude. Tobacco River from a lower point located at 48.897 degrees latitude, and -115.126 degrees longitude to an upper point located at 48.798 degrees latitude, and -114.952 degrees longitude.
(C) Wigwam River from a lower point located at 49 degrees latitude, and -114.801 degrees longitude to an upper point located at 48.953 degrees latitude, and -114.927 degrees longitude.
(D) Phillips Creek from a lower point located at 48.971 degrees latitude, and -115.104 degrees longitude to an upper point located at 49 degrees latitude, and -115.062 degrees longitude. Sophie Lake centered at 48.964 degrees latitude, and -115.115 degrees longitude.
Map follows for Unit 3.
(8) Unit 4—Willamette River Basin.
(i) Willamette River from a lower point located at 44.126 degrees latitude, and -123.106 degrees longitude to an upper point located at 44.023 degrees latitude, and -123.017 degrees longitude.
(ii) Anderson Creek from a lower point located at 44.262 degrees latitude, and -122.045 degrees longitude to an upper point located at 44.276 degrees latitude, and -122.022 degrees longitude. Blue River from a lower point located at 44.153 degrees latitude, and -122.342 degrees longitude to an upper point located at 44.172 degrees latitude, and -122.328 degrees longitude. Cougar Reservoir centered at 44.101 degrees latitude, and -122.229 degrees longitude. Deer Creek from a lower point located at 44.241 degrees latitude, and -122.056 degrees longitude to an upper point located at 44.274 degrees latitude, and -122.082 degrees longitude. Horse Creek from a lower point located at 44.17 degrees latitude, and -122.174 degrees longitude to an upper point located at 44.125 degrees latitude, and -122.036 degrees longitude. Lost Creek from a lower point located at 44.19 degrees latitude, and -122.066 degrees longitude to an upper point located at 44.162 degrees latitude, and -122.022 degrees longitude. McKenzie River from a lower point located at 44.126 degrees latitude, and -123.106 degrees longitude to an upper point located at 44.309 degrees latitude, and -122.028 degrees longitude. Olallie Creek from a lower point located at 44.257 degrees latitude, and -122.041 degrees longitude to an upper point located at 44.273 degrees latitude, and -122.011 degrees longitude. Roaring River from a lower point located at 43.956 degrees latitude, and -122.09 degrees longitude to an upper point located at 43.922 degrees latitude, and -122.06 degrees longitude. Separation Creek from a lower point located at 44.125 degrees latitude, and -122.036 degrees longitude to an upper point located at 44.125 degrees latitude, and -122 degrees longitude. South Fork McKenzie River from a lower point located at 44.159 degrees latitude, and -122.295 degrees longitude to an upper point located at 43.953 degrees latitude, and -122.017 degrees longitude. Sweetwater Creek from a lower point located at 44.279 degrees latitude, and -122.044 degrees longitude to an upper point located at 44.283 degrees latitude, and -122.023 degrees longitude. Trail Bridge Reservoir centered at 44.277 degrees latitude, and -122.047 degrees longitude. West Fork Horse Creek from a lower point located at 44.172 degrees latitude, and -122.206 degrees longitude to an upper point located at 44.17 degrees latitude, and -122.174 degrees longitude.
(iii) Bear Creek from a lower point located at 43.544 degrees latitude, and -122.242 degrees longitude to an upper point located at 43.554 degrees latitude, and -122.207 degrees longitude. Dexter Reservoir centered at 43.915 degrees latitude, and -122.788 degrees longitude. Hills Creek Lake (reservoir) centered at 43.672 degrees latitude, and -122.426 degrees longitude. Lookout Point Lake (reservoir) centered at 43.872 degrees latitude, and -122.681 degrees longitude. Middle Fork Willamette River from a lower point located at 44.023 degrees latitude, and -123.017 degrees longitude to an upper point located at 43.481 degrees latitude, and -122.254 degrees longitude. Swift Creek from a lower point located at 43.502 degrees latitude, and -122.299 degrees longitude to an upper point located at 43.56 degrees latitude, and -122.162 degrees longitude.
Map follows for Unit 4.
(9) Unit 5—Hood River Basin.
(i) Hood River from a lower point located at 45.721 degrees latitude, and -121.506 degrees longitude to an upper point located at 45.575 degrees latitude, and -121.626 degrees longitude.
(ii) West Fork Hood River from a lower point located at 45.605 degrees latitude, and -121.632 degrees longitude to an upper point located at 45.456 degrees latitude, and -121.781 degrees longitude.
(iii) Divers Creek from a lower point located at 45.544 degrees latitude, and -121.736 degrees longitude to an upper point located at 45.573 degrees latitude, and -121.787 degrees longitude. Lake Branch Hood River from a lower point located at 45.549 degrees latitude, and -121.699 degrees longitude to an upper point located at 45.539 degrees latitude, and -121.742 degrees longitude. Laurel Creek from a lower point located at 45.539 degrees latitude, and -121.742 degrees longitude to an upper point located at 45.513 degrees latitude, and -121.788 degrees longitude.
(iv) Elk Creek from a lower point located at 45.456 degrees latitude, and -121.781 degrees longitude to an upper point located at 45.405 degrees latitude, and -121.772 degrees longitude. Red Hill Creek from a lower point located at 45.483 degrees latitude, and -121.769 degrees longitude to an upper point located at 45.453 degrees latitude, and -121.734 degrees longitude.
(v) East Fork Hood River from a lower point located at 45.575 degrees latitude, and -121.626 degrees longitude to an upper point located at 45.338 degrees latitude, and -121.671 degrees longitude. Evans Creek from a lower point located at 45.522 degrees latitude, and -121.576 degrees longitude to an upper point located at 45.425 degrees latitude, and -121.642 degrees longitude. Griswell Creek from a lower point located at 45.529 degrees latitude, and -121.577 degrees longitude to an upper point located at 45.522 degrees latitude, and -121.576 degrees longitude.
(vi) Bear Creek from a lower point located at 45.499 degrees latitude, and -121.629 degrees longitude to an upper point located at 45.494 degrees latitude, and -121.642 degrees longitude. Coe Branch from a lower point located at 45.463 degrees latitude, and -121.645 degrees longitude to an upper point located at 45.434 degrees latitude, and -121.667 degrees longitude. Compass Creek from a lower point located at 45.434 degrees latitude, and -121.667 degrees longitude to an upper point located at 45.401 degrees latitude, and -121.681 degrees longitude. Elliot Creek from a lower point located at 45.464 degrees latitude, and -121.639 degrees longitude to an upper point located at 45.453 degrees latitude, and -121.637 degrees longitude. Middle Fork Hood River from a lower point located at 45.575 degrees latitude, and -121.626 degrees longitude to an upper point located at 45.463 degrees latitude, and -121.645 degrees longitude.
(vii) Clear Branch from a lower point located at 45.463 degrees latitude, and -121.645 degrees longitude to an upper point located at 45.432 degrees latitude, and -121.711 degrees longitude. Laurance Lake centered at 45.46 degrees latitude, and -121.664 degrees longitude. Pinnacle Creek from a lower point located at 45.458 degrees latitude, and -121.66 degrees longitude to an upper point located at 45.438 degrees latitude, and -121.683 degrees longitude.
Map follows for Unit 5.
(10) Unit 6—Deschutes River Basin.
(i) Critical Habitat Subunit—Lower Deschutes.
(A) Deschutes River from a lower point located at 45.639 degrees latitude, and -120.914 degrees longitude to an upper point located at 44.373 degrees latitude, and -121.291 degrees longitude. Lake Billy Chinook centered at 44.597 degrees latitude, and -121.285 degrees longitude. Lake Simtustus centered at 44.656 degrees latitude, and -121.259 degrees longitude. Pelton Reservoir centered at 44.714 degrees latitude, and -121.241 degrees longitude.
(B) Bunchgrass Creek from a lower point located at 44.982 degrees latitude, and -121.629 degrees longitude to an upper point located at 45.058 degrees latitude, and -121.673 degrees longitude. Warm Springs River 1 from a lower point located at 44.997 degrees latitude, and -121.067 degrees longitude to an upper point located at 44.942 degrees latitude, and -121.43 degrees longitude. Warm Springs River 2 from a lower point located at 44.97 degrees latitude, and -121.477 degrees longitude to an upper point located at 44.97 degrees latitude, and -121.584 degrees longitude. Warm Springs River 3 from a lower point located at 44.991 degrees latitude, and -121.667 degrees longitude to an upper point located at 44.993 degrees latitude, and -121.68 degrees longitude. Warm Springs River 4 from a lower point located at 44.997 degrees latitude, and -121.715 degrees longitude to an upper point located at 45.003 degrees latitude, and -121.74 degrees longitude.
(C) Shitike Creek from a lower point located at 44.762 degrees latitude, and −121.227 degrees longitude to an upper point located at 44.727 degrees latitude, and −121.786 degrees longitude.
(D) Crooked River from a lower point located at 44.501 degrees latitude, and −121.285 degrees longitude to an upper point located at 44.31 degrees latitude, and −120.868 degrees longitude.
(E) Metolius River from a lower point located at 44.619 degrees latitude, and −121.468 degrees longitude to an upper point located at 44.434 degrees latitude, and −121.637 degrees longitude.
(F) Whitewater River from a lower point located at 44.67 degrees latitude, and −121.545 degrees longitude to an upper point located at 44.704 degrees latitude, and −121.727 degrees longitude.
(G) Abbot Creek from a lower point located at 44.57 degrees latitude, and −121.619 degrees longitude to an upper point located at 44.544 degrees latitude, and −121.67 degrees longitude. Candle Creek from a lower point located at 44.576 degrees latitude, and −121.618 degrees longitude to an upper point located at 44.583 degrees latitude, and −121.677 degrees longitude. Jefferson Creek from a lower point located at 44.577 degrees latitude, and −121.619 degrees longitude to an upper point located at 44.64 degrees latitude, and −121.734 degrees longitude. Unnamed creek—off Jefferson Creek from a lower point located at 44.626 degrees latitude, and −121.69 degrees longitude to an upper point located at 44.634 degrees latitude, and −121.698 degrees longitude.
(H) Brush Creek from a lower point located at 44.504 degrees latitude, and −121.658 degrees longitude to an upper point located at 44.544 degrees latitude, and −121.706 degrees longitude. Canyon Creek from a lower point located at 44.501 degrees latitude, and −121.642 degrees longitude to an upper point located at 44.503 degrees latitude, and −121.741 degrees longitude. Heising Spring from a lower point located at 44.494 degrees latitude, and −121.648 degrees longitude to an upper point located at 44.491 degrees latitude, and −121.651 degrees longitude. Jack Creek from a lower point located at 44.493 degrees latitude, and −121.647 degrees longitude to an upper point located at 44.472 degrees latitude, and −121.725 degrees longitude. Roaring Creek from a lower point located at 44.508 degrees latitude, and −121.686 degrees longitude to an upper point located at 44.527 degrees latitude, and −121.708 degrees longitude. Unnamed creek off Canyon Creek from a lower point located at 44.505 degrees latitude, and −121.657 degrees longitude to an upper point located at 44.527 degrees latitude, and −121.678 degrees longitude.
(I) Blue Lake centered at 44.413 degrees latitude, and −121.768 degrees longitude. Lake Creek from a lower point located at 44.436 degrees latitude, and −121.702 degrees longitude to an upper point located at 44.426 degrees latitude, and −121.726 degrees longitude. Link Creek from a lower point located at 44.419 degrees latitude, and −121.754 degrees longitude to an upper point located at 44.415 degrees latitude, and −121.764 degrees longitude. Middle Fork Lake Creek from a lower point located at 44.453 degrees latitude, and −121.642 degrees longitude to an upper point located at 44.436 degrees latitude, and −121.702 degrees longitude. North Fork Lake Creek from a lower point located at 44.457 degrees latitude, and −121.642 degrees longitude to an upper point located at 44.436 degrees latitude, and −121.702 degrees longitude. South Fork Lake Creek from a lower point located at 44.442 degrees latitude, and −121.661 degrees longitude to an upper point located at 44.436 degrees latitude, and −121.704 degrees longitude. Suttle Lake centered at 44.422 degrees latitude, and −121.74 degrees longitude.
(J) Squaw Creek from a lower point located at 44.46 degrees latitude, and −121.335 degrees longitude to an upper point located at 44.445 degrees latitude, and −121.346 degrees longitude.
(ii) Critical Habitat Subunit—Upper Deschutes.
(A) Big Marsh Creek from a lower point located at 43.483 degrees latitude, and −121.907 degrees longitude to an upper point located at 43.318 degrees latitude, and −121.993 degrees longitude. Crane Prairie Reservoir centered at 43.786 degrees latitude, and −121.8 degrees longitude. Crescent Creek from a lower point located at 43.529 degrees latitude, and −121.651 degrees longitude to an upper point located at 43.501 degrees latitude, and −121.972 degrees longitude. Crescent Lake centered at 43.478 degrees latitude, and −121.989 degrees longitude. Deschutes River from a lower point located at 43.742 degrees latitude, and −121.779 degrees longitude to an upper point located at 43.901 degrees latitude, and −121.76 degrees longitude. Lava Lake centered at 43.921 degrees latitude, and −121.772 degrees longitude. Little Deschutes River from a lower point located at 43.529 degrees latitude, and −121.651 degrees longitude to an upper point located at 43.301 degrees latitude, and −121.994 degrees longitude. Little Lava Lake centered at 43.91 degrees latitude, and −121.757 degrees longitude. Wickiup Reservoir centered at 43.679 degrees latitude, and −121.732 degrees longitude.
(B) Cold Creek from a lower point located at 43.521 degrees latitude, and −121.951 degrees longitude to an upper point located at 43.515 degrees latitude, and −122 degrees longitude. Refrigerator Creek from a lower point located at 43.452 degrees latitude, and −121.935 degrees longitude to an upper point located at 43.419 degrees latitude, and −121.989 degrees longitude. Whitefish Creek from a lower point located at 43.468 degrees latitude, and −122.031 degrees longitude to an upper point located at 43.527 degrees latitude, and −122.07 degrees longitude.
(C) Fall River from a lower point located at 43.768 degrees latitude, and −121.632 degrees longitude to an upper point located at 43.788 degrees latitude, and −121.514 degrees longitude. Hemlock Creek from a lower point located at 43.365 degrees latitude, and −121.825 degrees longitude to an upper
(D) Browns Creek from a lower point located at 43.721 degrees latitude, and −121.791 degrees longitude to an upper point located at 43.727 degrees latitude, and −121.954 degrees longitude. Cultus River from a lower point located at 43.809 degrees latitude, and −121.796 degrees longitude to an upper point located at 43.899 degrees latitude, and −121.858 degrees longitude. Quinn River from a lower point located at 43.784 degrees latitude, and −121.835 degrees longitude to an upper point located at 43.782 degrees latitude, and −121.836 degrees longitude. Snow Creek from a lower point located at 43.814 degrees latitude, and −121.776 degrees longitude to an upper point located at 43.879 degrees latitude, and −121.767 degrees longitude.
(11) Unit 7—Odell Lake.
(i) Odell Lake centered at 43.572 degrees latitude, and −122 degrees longitude.
(ii) Trapper Creek from a lower point located at 43.585 degrees latitude, and −122.046 degrees longitude to an upper point located at 43.537 degrees latitude, and −122.075 degrees longitude.
(iii) Crystal Creek from a lower point located at 43.572 degrees latitude, and −122.021 degrees longitude to an upper point located at 43.566 degrees latitude, and −122.05 degrees longitude.
(iv) Odell Creek from a lower point located at 43.591 degrees latitude, and −121.853 degrees longitude to an upper point located at 43.55 degrees latitude, and −121.963 degrees longitude.
(v) Davis Lake centered at 43.616 degrees latitude, and −121.843 degrees longitude.
Maps follow for Unit 6, Subunit i; and for Unit 6, Subunit ii and Unit 7.
(12) Unit 8—John Day River Basin.
(i) Call Creek from a lower point located at 44.32 degrees latitude, and −118.556 degrees longitude to an upper point located at 44.286 degrees latitude, and −118.506 degrees longitude. Canyon Creek from a lower point located at 44.423 degrees latitude, and −118.958 degrees longitude to an upper point located at 44.27 degrees latitude, and −118.731 degrees longitude. Deardorff Creek from a lower point located at 44.395 degrees latitude, and −118.576 degrees longitude to an upper point located at 44.383 degrees latitude, and −118.422 degrees longitude. Indian Creek from a lower point located at 44.443 degrees latitude, and −118.799 degrees longitude to an upper point located at 44.295 degrees latitude, and −118.735 degrees longitude. John Day River from a lower point located at 44.755 degrees latitude, and −119.638 degrees longitude to an upper point located at 44.25 degrees latitude, and −118.526 degrees longitude. North Reynolds Creek from a lower point located at 44.423 degrees latitude, and −118.516 degrees longitude to an upper point located at 44.43 degrees latitude, and −118.424 degrees longitude. Pine Creek from a lower point located at 44.438 degrees latitude, and −118.826 degrees longitude to an upper point located at 44.315 degrees latitude, and −118.797 degrees longitude. Rail Creek from a lower point located at 44.349 degrees latitude, and −118.573 degrees longitude to an upper point located at 44.297 degrees latitude, and −118.489 degrees longitude. Reynolds Creek from a lower point located at 44.414 degrees latitude, and −118.595 degrees longitude to an upper point located at 44.405 degrees latitude, and −118.439 degrees longitude. Roberts Creek from a lower point located at 44.348 degrees latitude, and −118.574 degrees longitude to an upper point located at 44.276 degrees latitude, and −118.574 degrees longitude. Strawberry Creek from a lower point located at 44.459 degrees latitude, and −118.7 degrees longitude to an upper point located at 44.293 degrees latitude, and −118.699 degrees longitude.
(ii) Baldy Creek from a lower point located at 44.91 degrees latitude, and −118.317 degrees longitude to an upper point located at 44.85 degrees latitude, and −118.304 degrees longitude. Big Creek from a lower point located at 44.961 degrees latitude, and −118.682 degrees longitude to an upper point located at 44.977 degrees latitude, and −118.671 degrees longitude. Boulder Creek from a lower point located at 44.82 degrees latitude, and −118.414 degrees longitude to an upper point located at 44.841 degrees latitude, and −118.332 degrees longitude. Boundary Creek from a lower point located at 44.787 degrees latitude, and −118.374 degrees longitude to an upper point located at 44.811 degrees latitude, and −118.342 degrees longitude. Bull Run Creek from a lower point located at 44.808 degrees latitude, and −118.424 degrees longitude to an upper point located at 44.768 degrees latitude, and −118.29 degrees longitude. Clear Creek from a lower point located at 44.821 degrees latitude, and −118.449 degrees longitude to an upper point located at 44.758 degrees latitude, and −118.509 degrees longitude. Crane Creek from a lower point located at 44.894 degrees latitude, and −118.477 degrees longitude to an upper point located at 44.869 degrees latitude, and −118.329 degrees longitude. Crawfish Creek from a lower point located at 44.915 degrees latitude, and −118.297 degrees longitude to an upper point located at 44.931 degrees latitude, and −118.233 degrees longitude. Cunningham Creek from a lower point located at 44.911 degrees latitude, and −118.266 degrees longitude to an upper point located at 44.92 degrees latitude, and −118.234 degrees longitude. Deep Creek from a lower point located at 44.78 degrees latitude, and −118.347 degrees longitude to an upper point located at 44.815 degrees latitude, and −118.305 degrees longitude. Desolation Creek from a lower point located at 44.998 degrees latitude, and −118.935 degrees longitude to an upper point located at 44.82 degrees latitude, and −118.688 degrees longitude. East Fork Meadow Brook from a lower point located at 44.969 degrees latitude, and −118.965 degrees longitude to an upper point located at 44.863 degrees latitude, and −118.823 degrees longitude. Granite Creek from a lower point located at 44.866 degrees latitude, and −118.56 degrees longitude to an upper point located at 44.857 degrees latitude, and −118.342 degrees longitude. Lightning Creek from a lower point located at 44.765 degrees latitude, and −118.496 degrees longitude to an upper point located at 44.718 degrees latitude, and −118.493 degrees longitude. North Fork Desolation Creek from a lower point located at 44.82 degrees latitude, and −118.688 degrees longitude to an upper point located at 44.773 degrees latitude, and −118.625 degrees longitude. North Fork John Day River from a lower point located at 44.755 degrees latitude, and −119.638 degrees longitude to an upper point located at 44.867 degrees latitude, and −118.238 degrees longitude. Onion Creek from a lower point located at 44.913 degrees latitude, and −118.4 degrees longitude to an upper point located at 44.889 degrees latitude, and −118.338 degrees longitude. Salmon Creek from a lower point located at 44.725 degrees latitude, and −118.502 degrees longitude to an upper point located at 44.717 degrees latitude, and −118.541 degrees longitude. South Fork Desolation Creek from a lower point located at 44.82 degrees latitude, and −118.688 degrees longitude to an upper point located at 44.719 degrees latitude, and −118.621 degrees longitude. South Trail Creek from a lower point located at 44.937 degrees latitude, and −118.389 degrees longitude to an upper point located at 44.953 degrees latitude, and −118.272 degrees longitude. Trail Creek from a lower point located at 44.916 degrees latitude, and −118.405 degrees longitude to an upper point located at 44.937 degrees latitude, and −118.389 degrees longitude. West Fork Clear Creek from a lower point located at 44.758 degrees latitude, and −118.509 degrees longitude to an upper point located at 44.733 degrees latitude, and −118.583 degrees longitude. West Fork Meadow Brook from a lower point located at 44.969 degrees latitude, and −118.965 degrees longitude to an upper point located at 44.998 degrees latitude, and −118.944 degrees longitude. Winom Creek from a lower point located at 44.977 degrees latitude, and −118.671 degrees longitude to an upper point located at 45.05 degrees latitude, and −118.61 degrees longitude.
(iii) Big Boulder Creek from a lower point located at 44.666 degrees latitude, and −118.715 degrees longitude to an upper point located at 44.749 degrees latitude, and −118.682 degrees longitude. Big Creek from a lower point located at 44.766 degrees latitude, and −118.873 degrees longitude to an upper point located at 44.765 degrees latitude, and −118.685 degrees longitude. Butte Creek from a lower point located at 44.642 degrees latitude, and −118.651 degrees longitude to an upper point located at 44.586 degrees latitude, and −118.643 degrees longitude. Clear Creek from a lower point located at 44.594 degrees latitude, and −118.507 degrees longitude to an upper point located at 44.447 degrees latitude, and −118.43 degrees longitude. Davis Creek from a lower point located at 44.607 degrees latitude, and −118.544 degrees longitude to an upper point located at 44.57 degrees latitude, and −118.621 degrees longitude. Deadwood Creek from a lower point located at 44.768 degrees latitude, and −118.792 degrees longitude to an upper point located at 44.75 degrees latitude, and −118.718
(iv) Dry Creek from a lower point located at 45.119 degrees latitude, and −118.835 degrees longitude to an upper point located at 45.057 degrees latitude, and −118.802 degrees longitude.
(v) Cable Creek from a lower point located at 45.158 degrees latitude, and −118.841 degrees longitude to an upper point located at 45.083 degrees latitude, and −118.758 degrees longitude. Hidaway Creek from a lower point located at 45.166 degrees latitude, and −118.791 degrees longitude to an upper point located at 45.067 degrees latitude, and −118.569 degrees longitude.
Map follows for Unit 8.
(13) Unit 9—Umatilla-Walla Walla River Basins.
(i) Critical Habitat Subunit—Umatilla.
(A) Ryan Creek from a lower point located at 45.723 degrees latitude, and -118.314 degrees longitude to an upper point located at 45.694 degrees latitude, and -118.308 degrees longitude. Squaw Creek from a lower point located at 45.7 degrees latitude, and -118.4 degrees longitude to an upper point located at 45.655 degrees latitude, and -118.401 degrees longitude. Umatilla River from a lower point located at 45.923 degrees latitude, and -119.356 degrees longitude to an upper point located at 45.726 degrees latitude, and -118.187 degrees longitude.
(B) East Meacham Creek from a lower point located at 45.486 degrees latitude, and -118.273 degrees longitude to an upper point located at 45.479 degrees latitude, and -118.231 degrees longitude. Meacham Creek from a lower point located at 45.702 degrees latitude, and -118.359 degrees longitude to an upper point located at 45.491 degrees latitude, and -118.326 degrees longitude. North Fork Meacham Creek from a lower point located at 45.527 degrees latitude, and -118.29 degrees longitude to an upper point located at 45.571 degrees latitude, and -118.138 degrees longitude. Pot Creek from a lower point located at 45.554 degrees latitude, and -118.2 degrees longitude to an upper point located at 45.523 degrees latitude, and -118.162 degrees longitude.
(C) Coyote Creek from a lower point located at 45.732 degrees latitude, and -118.138 degrees longitude to an upper point located at 45.746 degrees latitude, and -118.136 degrees longitude. North Fork Umatilla River from a lower point located at 45.726 degrees latitude, and -118.187 degrees longitude to an upper point located at 45.705 degrees latitude, and -118.033 degrees longitude. Woodward Creek from a lower point located at 45.736 degrees latitude, and -118.079 degrees longitude to an upper point located at 45.75 degrees latitude, and -118.075 degrees longitude.
(D) Buck Creek from a lower point located at 45.719 degrees latitude, and -118.188 degrees longitude to an upper point located at 45.686 degrees latitude, and -118.087 degrees longitude. Shimmiehorn Creek from a lower point located at 45.675 degrees latitude, and -118.218 degrees longitude to an upper point located at 45.598 degrees latitude, and -118.186 degrees longitude. South Fork Umatilla River from a lower point located at 45.726 degrees latitude, and -118.187 degrees longitude to an upper point located at 45.598 degrees latitude, and -118.219 degrees longitude. Spring Creek from a lower point located at 45.665 degrees latitude, and -118.171 degrees longitude to an upper point located at 45.601 degrees latitude, and -118.139 degrees longitude. Thomas Creek from a lower point located at 45.688 degrees latitude, and -118.204 degrees longitude to an upper point located at 45.668 degrees latitude, and -118.125 degrees longitude.
(ii) Critical Habitat Subunit—Walla Walla.
(A) Walla Walla River from a lower point located at 46.039 degrees latitude, and -118.478 degrees longitude to an upper point located at 45.899 degrees latitude, and -118.307 degrees longitude.
(B) North Fork Walla Walla River from a lower point located at 45.899 degrees latitude, and -118.307 degrees longitude to an upper point located at 45.947 degrees latitude, and -117.99 degrees longitude.
(C) Husky Spring Creek from a lower point located at 45.884 degrees latitude, and -117.977 degrees longitude to an upper point located at 45.889 degrees latitude, and -117.951 degrees longitude. Reser Creek from a lower point located at 45.876 degrees latitude, and -117.985 degrees longitude to an upper point located at 45.899 degrees latitude, and -118.017 degrees longitude. Skiphorton Creek from a lower point located at 45.852 degrees latitude, and -118.024 degrees longitude to an upper point located at 45.875 degrees latitude, and -118.026 degrees longitude. South Fork Walla Walla River from a lower point located at 45.899 degrees latitude, and -118.307 degrees longitude to an upper point located at 45.966 degrees latitude, and -117.963 degrees longitude.
(D) Bull Creek from a lower point located at 46.028 degrees latitude, and -117.946 degrees longitude to an upper point located at 46.027 degrees latitude, and -117.938 degrees longitude. Burnt Fork Creek from a lower point located at 46.032 degrees latitude, and -117.952 degrees longitude to an upper point located at 46.044 degrees latitude, and -117.944 degrees longitude. Deadman Creek from a lower point located at 46.032 degrees latitude, and -117.955 degrees longitude to an upper point located at 46.036 degrees latitude, and -117.952 degrees longitude. Garrison Creek from a lower point located at 46.026 degrees latitude, and -118.433 degrees longitude to an upper point located at 46.075 degrees latitude, and -118.273 degrees longitude. Green Fork Creek from a lower point located at 46.029 degrees latitude, and -117.948 degrees longitude to an upper point located at 46.031 degrees latitude, and -117.939 degrees longitude. Low Creek from a lower point located at 45.993 degrees latitude, and -118.035 degrees longitude to an upper point located at 45.973 degrees latitude, and -118.009 degrees longitude. Mill Creek from a lower point located at 46.039 degrees latitude, and -118.478 degrees longitude to an upper point located at 46.011 degrees latitude, and -117.941 degrees longitude. North Fork Mill Creek from a lower point located at 46.022 degrees latitude, and -117.995 degrees longitude to an upper point located at 46.028 degrees latitude, and -117.995 degrees longitude. Paradise Creek from a lower point located at 46.004 degrees latitude, and -118.017 degrees longitude to an upper point located at 46.001 degrees latitude, and -117.99 degrees longitude. Yellowhawk Creek from a lower point located at 46.017 degrees latitude, and -118.4 degrees longitude to an upper point located at 46.077 degrees latitude, and -118.272 degrees longitude.
(E) Touchet River from a lower point located at 46.272 degrees latitude, and -118.174 degrees longitude to an upper point located at 46.302 degrees latitude, and -117.959 degrees longitude.
(F) Lewis Creek from a lower point located at 46.191 degrees latitude, and -117.824 degrees longitude to an upper point located at 46.156 degrees latitude, and -117.771 degrees longitude. North Fork Touchet River from a lower point located at 46.302 degrees latitude, and -117.959 degrees longitude to an upper point located at 46.093 degrees latitude, and -117.864 degrees longitude. Robinson Creek from a lower point located at 46.238 degrees latitude, and -117.895 degrees longitude to an upper point located at 46.097 degrees latitude, and -117.903 degrees longitude. Spangler Creek from a lower point located at 46.149 degrees latitude, and -117.806 degrees longitude to an upper point located at 46.099 degrees latitude, and -117.802 degrees longitude. Wolf Fork Creek from a lower point located at 46.274 degrees latitude, and -117.895 degrees longitude to an upper point located at 46.075 degrees latitude, and -117.903 degrees longitude.
(G) Burnt Fork from a lower point located at 46.105 degrees latitude, and -117.985 degrees longitude to an upper point located at 46.087 degrees latitude, and -117.94 degrees longitude. Griffin Fork from a lower point located at 46.121 degrees latitude, and -117.973 degrees longitude to an upper point located at 46.099 degrees latitude, and -117.913 degrees longitude. South Fork Touchet River from a lower point located at 46.302 degrees latitude, and -117.959 degrees longitude to an upper point located at 46.105 degrees latitude,
Maps follow for Unit 9, Subunit i and Unit 9, Subunit ii.
(14) Unit 10—Grande Ronde River Basin.
(i) Grande Ronde River from a lower point located at 46.08 degrees latitude, and -116.978 degrees longitude to an upper point located at 44.967 degrees latitude, and -118.254 degrees longitude.
(ii) Beaver Creek from a lower point located at 45.955 degrees latitude, and -117.785 degrees longitude to an upper point located at 45.969 degrees latitude, and -117.807 degrees longitude. Butte Creek from a lower point located at 45.982 degrees latitude, and -117.678 degrees longitude to an upper point located at 46.063 degrees latitude, and -117.722 degrees longitude. Crooked Creek from a lower point located at 45.977 degrees latitude, and -117.551 degrees longitude to an upper point located at 46.046 degrees latitude, and -117.624 degrees longitude. First Creek from a lower point located at 46.035 degrees latitude, and -117.57 degrees longitude to an upper point located at 46.043 degrees latitude, and -117.546 degrees longitude. Milk Creek from a lower point located at 45.913 degrees latitude, and -117.882 degrees longitude to an upper point located at 45.948 degrees latitude, and -117.912 degrees longitude. North Fork Wenaha River from a lower point located at 45.951 degrees latitude, and -117.794 degrees longitude to an upper point located at 46.066 degrees latitude, and -117.877 degrees longitude. South Fork Wenaha River from a lower point located at 45.951 degrees latitude, and -117.794 degrees longitude to an upper point located at 45.89 degrees latitude, and -117.905 degrees longitude. Third Creek from a lower point located at 46.046 degrees latitude, and -117.624 degrees longitude to an upper point located at 46.089 degrees latitude, and -117.627 degrees longitude. Wenaha River from a lower point located at 45.946 degrees latitude, and -117.45 degrees longitude to an upper point located at 45.951 degrees latitude, and -117.794 degrees longitude. West Fork Butte Creek from a lower point located at 46.063 degrees latitude, and -117.722 degrees longitude to an upper point located at 46.065 degrees latitude, and -117.778 degrees longitude.
(iii) Little Lookingglass Creek from a lower point located at 45.75 degrees latitude, and -117.874 degrees longitude to an upper point located at 45.817 degrees latitude, and -117.901 degrees longitude. Lookingglass Creek from a lower point located at 45.707 degrees latitude, and -117.841 degrees longitude to an upper point located at 45.779 degrees latitude, and -118.078 degrees longitude. Mottet Creek from a lower point located at 45.767 degrees latitude, and -117.886 degrees longitude to an upper point located at 45.788 degrees latitude, and -117.942 degrees longitude. Summer Creek from a lower point located at 45.767 degrees latitude, and -117.982 degrees longitude to an upper point located at 45.772 degrees latitude, and -117.982 degrees longitude.
(iv) Camp Creek from a lower point located at 45.387 degrees latitude, and -117.757 degrees longitude to an upper point located at 45.387 degrees latitude, and -117.744 degrees longitude. East Fork Indian Creek from a lower point located at 45.369 degrees latitude, and -117.748 degrees longitude to an upper point located at 45.353 degrees latitude, and -117.724 degrees longitude. Indian Creek from a lower point located at 45.534 degrees latitude, and -117.919 degrees longitude to an upper point located at 45.337 degrees latitude, and -117.721 degrees longitude.
(v) Catherine Creek from a lower point located at 45.408 degrees latitude, and -117.93 degrees longitude to an upper point located at 45.12 degrees latitude, and -117.646 degrees longitude. Collins Creek from a lower point located at 45.106 degrees latitude, and -117.542 degrees longitude to an upper point located at 45.097 degrees latitude, and -117.513 degrees longitude. Middle Fork Catherine Creek from a lower point located at 45.152 degrees latitude, and -117.616 degrees longitude to an upper point located at 45.154 degrees latitude, and -117.564 degrees longitude. North Fork Catherine Creek from a lower point located at 45.12 degrees latitude, and -117.646 degrees longitude to an upper point located at 45.225 degrees latitude, and -117.604 degrees longitude. Pole Creek from a lower point located at 45.107 degrees latitude, and -117.559 degrees longitude to an upper point located at 45.138 degrees latitude, and -117.522 degrees longitude. Sand Pass Creek from a lower point located at 45.108 degrees latitude, and -117.551 degrees longitude to an upper point located at 45.129 degrees latitude, and -117.512 degrees longitude. South Fork Catherine Creek from a lower point located at 45.12 degrees latitude, and -117.646 degrees longitude to an upper point located at 45.112 degrees latitude, and -117.513 degrees longitude.
(vi) Chicken Creek from a lower point located at 45.095 degrees latitude, and -118.394 degrees longitude to an upper point located at 45.024 degrees latitude, and -118.385 degrees longitude. Clear Creek from a lower point located at 45.063 degrees latitude, and -118.309 degrees longitude to an upper point located at 44.976 degrees latitude, and -118.326 degrees longitude. East Sheep Creek from a lower point located at 45.026 degrees latitude, and -118.474 degrees longitude to an upper point located at 44.983 degrees latitude, and 118.425 degrees longitude. Fiddlers Hell Creek from a lower point located at 45.428 degrees latitude, and -118.159 degrees longitude to an upper point located at 45.431 degrees latitude, and -118.143 degrees longitude. Five Points Creek from a lower point located at 45.347 degrees latitude, and -118.221 degrees longitude to an upper point located at 45.481 degrees latitude, and -118.143 degrees longitude. Fly Creek from a lower point located at 45.21 degrees latitude, and -118.394 degrees longitude to an upper point located at 45.121 degrees latitude, and -118.465 degrees longitude. Indiana Creek from a lower point located at 45.024 degrees latitude, and -118.385 degrees longitude to an upper point located at 45 degrees latitude, and -118.361 degrees longitude. Limber Jim Creek from a lower point located at 45.089 degrees latitude, and -118.343 degrees longitude to an upper point located at 45.085 degrees latitude, and -118.229 degrees longitude. Little Fly Creek from a lower point located at 45.121 degrees latitude, and -118.465 degrees longitude to an upper point located at 45.11 degrees latitude, and -118.475 degrees longitude. Lookout Creek from a lower point located at 45.11 degrees latitude, and -118.475 degrees longitude to an upper point located at 45.078 degrees latitude, and -118.54 degrees longitude. Marion Creek from a lower point located at 45.106 degrees latitude, and -118.266 degrees longitude to an upper point located at 45.097 degrees latitude, and -118.228 degrees longitude. Middle Fork Five Points Creek from a lower point located at 45.481 degrees latitude, and -118.143 degrees longitude to an upper point located at 45.492 degrees latitude, and -118.115 degrees longitude. Mt Emily Creek from a lower point located at 45.473 degrees latitude, and -118.146 degrees longitude to an upper point located at 45.465 degrees latitude, and -118.124 degrees longitude. Sheep Creek from a lower point located at 45.095 degrees latitude, and -118.394 degrees longitude to an upper point located at 45.016 degrees latitude, and -118.507 degrees longitude. Sheep Creek from a lower point located at 45.105 degrees latitude, and -118.381 degrees longitude to an upper point located at 45.095 degrees latitude, and -118.394 degrees longitude. Tie Creek from a lower point located at 45.423 degrees latitude, and -118.158 degrees longitude to an upper
(vii) Wallowa River from a lower point located at 45.726 degrees latitude, and −117.784 degrees longitude to an upper point located at 45.42 degrees latitude, and −117.301 degrees longitude.
(viii) East Fork Elk Creek from a lower point located at 45.166 degrees latitude, and −117.469 degrees longitude to an upper point located at 45.161 degrees latitude, and −117.468 degrees longitude. Elk Creek from a lower point located at 45.178 degrees latitude, and −117.459 degrees longitude to an upper point located at 45.16 degrees latitude, and −117.475 degrees longitude. Minam River from a lower point located at 45.621 degrees latitude, and −117.72 degrees longitude to an upper point located at 45.148 degrees latitude, and −117.371 degrees longitude. North Minam River from a lower point located at 45.273 degrees latitude, and −117.536 degrees longitude to an upper point located at 45.277 degrees latitude, and −117.511 degrees longitude.
(ix) Boulder Creek from a lower point located at 45.312 degrees latitude, and −117.632 degrees longitude to an upper point located at 45.31 degrees latitude, and −117.624 degrees longitude. Dobbin Creek from a lower point located at 45.259 degrees latitude, and −117.653 degrees longitude to an upper point located at 45.221 degrees latitude, and −117.639 degrees longitude. Little Minam River from a lower point located at 45.401 degrees latitude, and −117.671 degrees longitude to an upper point located at 45.246 degrees latitude, and −117.599 degrees longitude.
(x) Deer Creek from a lower point located at 45.62 degrees latitude, and −117.699 degrees longitude to an upper point located at 45.423 degrees latitude, and −117.587 degrees longitude. Sage Creek from a lower point located at 45.501 degrees latitude, and −117.606 degrees longitude to an upper point located at 45.481 degrees latitude, and −117.592 degrees longitude.
(xi) Bear Creek from a lower point located at 45.584 degrees latitude, and −117.54 degrees longitude to an upper point located at 45.323 degrees latitude, and −117.48 degrees longitude. Goat Creek from a lower point located at 45.418 degrees latitude, and −117.537 degrees longitude to an upper point located at 45.413 degrees latitude, and −117.517 degrees longitude. Little Bear Creek from a lower point located at 45.485 degrees latitude, and −117.554 degrees longitude to an upper point located at 45.428 degrees latitude, and −117.479 degrees longitude.
(xii) Lake Creek from a lower point located at 45.332 degrees latitude, and −117.409 degrees longitude to an upper point located at 45.331 degrees latitude, and −117.397 degrees longitude. Lostine River from a lower point located at 45.552 degrees latitude, and −117.489 degrees longitude to an upper point located at 45.246 degrees latitude, and −117.374 degrees longitude. Silver Creek from a lower point located at 45.396 degrees latitude, and −117.427 degrees longitude to an upper point located at 45.394 degrees latitude, and −117.421 degrees longitude.
(xiii) Hurricane Creek from a lower point located at 45.42 degrees latitude, and −117.301 degrees longitude to an upper point located at 45.274 degrees latitude, and −117.31 degrees longitude.
Map follows for Unit 10.
(15) Unit 11—Imnaha-Snake River Basins.
(i) Critical Habitat Subunit—Snake River.
(A) Sheep Creek from a lower point located at 45.468 degrees latitude, and -116.554 degrees longitude to an upper point located at 45.405 degrees latitude, and -116.523 degrees longitude.
(B) Granite Creek from a lower point located at 45.349 degrees latitude, and -116.654 degrees longitude to an upper point located at 45.263 degrees latitude, and -116.611 degrees longitude.
(ii) Critical Habitat Subunit—Imnaha River.
(A) Bear Creek from a lower point located at 45.104 degrees latitude, and -117.171 degrees longitude to an upper point located at 45.1 degrees latitude, and -117.172 degrees longitude. Blue Creek from a lower point located at 45.101 degrees latitude, and -117.194 degrees longitude to an upper point located at 45.097 degrees latitude, and -117.193 degrees longitude. Cliff Creek from a lower point located at 45.102 degrees latitude, and -117.214 degrees longitude to an upper point located at 45.063 degrees latitude, and -117.267 degrees longitude. Imnaha River from a lower point located at 45.817 degrees latitude, and -116.764 degrees longitude to an upper point located at 45.113 degrees latitude, and -117.125 degrees longitude. Middle Fork Imnaha River from a lower point located at 45.134 degrees latitude, and -117.151 degrees longitude to an upper point located at 45.139 degrees latitude, and -117.166 degrees longitude. North Fork Imnaha River from a lower point located at 45.113 degrees latitude, and -117.125 degrees longitude to an upper point located at 45.171 degrees latitude, and -117.2 degrees longitude. Soldier Creek from a lower point located at 45.109 degrees latitude, and -117.151 degrees longitude to an upper point located at 45.107 degrees latitude, and -117.154 degrees longitude. South Fork Imnaha River from a lower point located at 45.113 degrees latitude, and -117.125 degrees longitude to an upper point located at 45.111 degrees latitude, and -117.23 degrees longitude.
(B) Big Sheep Creek from a lower point located at 45.557 degrees latitude, and -116.834 degrees longitude to an upper point located at 45.178 degrees latitude, and -117.119 degrees longitude. Lick Creek from a lower point located at 45.198 degrees latitude, and -117.024 degrees longitude to an upper point located at 45.147 degrees latitude, and -117.123 degrees longitude. Middle Fork Big Sheep Creek from a lower point located at 45.178 degrees latitude, and -117.119 degrees longitude to an upper point located at 45.181 degrees latitude, and -117.157 degrees longitude. Salt Creek from a lower point located at 45.188 degrees latitude, and -117.043 degrees longitude to an upper point located at 45.202 degrees latitude, and -117.082 degrees longitude.
(C) Cabin Creek from a lower point located at 45.232 degrees latitude, and -117.088 degrees longitude to an upper point located at 45.229 degrees latitude, and -117.089 degrees longitude. Little Sheep Creek from a lower point located at 45.52 degrees latitude, and -116.859 degrees longitude to an upper point located at 45.232 degrees latitude, and -117.093 degrees longitude. Redmont Creek from a lower point located at 45.256 degrees latitude, and -117.088 degrees longitude to an upper point located at 45.245 degrees latitude, and -117.103 degrees longitude.
(D) McCully Creek from a lower point located at 45.311 degrees latitude, and -117.082 degrees longitude to an upper point located at 45.211 degrees latitude, and -117.14 degrees longitude.
Map follows for Unit 11.
(16) Unit 12—Hells Canyon Complex.
(i) Critical Habitat Subunit—Pine-Indian-Wildhorse.
(A) East Fork Pine Creek from a lower point located at 45.022 degrees latitude, and -117.2 degrees longitude to an upper point located at 45.072 degrees latitude, and -117.176 degrees longitude. Middle Fork Pine Creek from a lower point located at 45.039 degrees latitude, and -117.215 degrees longitude to an upper point located at 45.058 degrees latitude, and -117.237 degrees longitude. North Pine Creek from a lower point located at 44.91 degrees latitude, and -116.948 degrees longitude to an upper point located at 45.079 degrees latitude, and -116.897 degrees longitude. Pine Creek from a lower point located at 44.974 degrees latitude, and -116.853 degrees longitude to an upper point located at 45.039 degrees latitude, and -117.215 degrees longitude. West Fork Pine Creek from a lower point located at 45.039 degrees latitude, and -117.215 degrees longitude to an upper point located at 45.025 degrees latitude, and -117.246 degrees longitude.
(B) Aspen Creek from a lower point located at 45.057 degrees latitude, and -117.011 degrees longitude to an upper point located at 45.049 degrees latitude, and -117.037 degrees longitude. Big Elk Creek from a lower point located at 45.063 degrees latitude, and -117.023 degrees longitude to an upper point located at 45.061 degrees latitude, and -117.064 degrees longitude. Cabin Creek from a lower point located at 45.061 degrees latitude, and -117.02 degrees longitude to an upper point located at 45.077 degrees latitude, and -117.024 degrees longitude. Elk Creek from a lower point located at 45.009 degrees latitude, and -116.909 degrees longitude to an upper point located at 45.074 degrees latitude, and -117.045 degrees longitude. Fall Creek from a lower point located at 44.97 degrees latitude, and -116.948 degrees longitude to an upper point located at 45.012 degrees latitude, and -116.985 degrees longitude. Little Elk Creek from a lower point located at 44.955 degrees latitude, and -116.961 degrees longitude to an upper point located at 45.009 degrees latitude, and -117.028 degrees longitude.
(C) Lake Fork from a lower point located at 45.02 degrees latitude, and -116.941 degrees longitude to an upper point located at 45.067 degrees latitude, and -117.104 degrees longitude.
(D) Duck Creek from a lower point located at 45.069 degrees latitude, and -116.905 degrees longitude to an upper point located at 45.091 degrees latitude, and -117.003 degrees longitude. Fish Creek from a lower point located at 44.908 degrees latitude, and -116.952 degrees longitude to an upper point located at 45.036 degrees latitude, and -117.081 degrees longitude.
(E) East Fork of East Pine Creek from a lower point located at 45.021 degrees latitude, and -117.106 degrees longitude to an upper point located at 45.042 degrees latitude, and -117.103 degrees longitude. East Pine Creek from a lower point located at 44.872 degrees latitude, and -117.02 degrees longitude to an upper point located at 45.046 degrees latitude, and -117.119 degrees longitude. Okanogan Creek from a lower point located at 44.987 degrees latitude, and -117.064 degrees longitude to an upper point located at 45.017 degrees latitude, and -117.062 degrees longitude. Trinity Creek from a lower point located at 44.988 degrees latitude, and -117.071 degrees longitude to an upper point located at 45.026 degrees latitude, and -117.083 degrees longitude. Unnamed creek off East Pine Creek from a lower point located at 44.993 degrees latitude, and -117.101 degrees longitude to an upper point located at 45.006 degrees latitude, and -117.121 degrees longitude.
(F) Clear Creek from a lower point located at 44.866 degrees latitude, and -117.029 degrees longitude to an upper point located at 45.043 degrees latitude, and -117.143 degrees longitude. Meadow Creek from a lower point located at 44.99 degrees latitude, and -117.142 degrees longitude to an upper point located at 45.017 degrees latitude, and -117.171 degrees longitude. Trail Creek from a lower point located at 44.991 degrees latitude, and -117.142 degrees longitude to an upper point located at 45.046 degrees latitude, and -117.162 degrees longitude.
(G) Camp Creek from a lower point located at 45.132 degrees latitude, and -116.622 degrees longitude to an upper point located at 45.157 degrees latitude, and -116.62 degrees longitude. Indian Creek from a lower point located at 44.985 degrees latitude, and -116.828 degrees longitude to an upper point located at 45.15 degrees latitude, and -116.59 degrees longitude.
(H) Bear Creek from a lower point located at 44.959 degrees latitude, and -116.724 degrees longitude to an upper point located at 45.136 degrees latitude, and -116.524 degrees longitude. Lick Creek from a lower point located at 44.986 degrees latitude, and -116.679 degrees longitude to an upper point located at 45.105 degrees latitude, and -116.514 degrees longitude. Wildhorse River from a lower point located at 44.851 degrees latitude, and -116.896 degrees longitude to an upper point located at 44.959 degrees latitude, and -116.724 degrees longitude.
(I) Crooked River from a lower point located at 44.959 degrees latitude, and -116.724 degrees longitude to an upper point located at 44.817 degrees latitude, and -116.742 degrees longitude.
(ii) Critical Habitat Subunit—Powder River.
(A) Powder River from a lower point located at 44.743 degrees latitude, and -117.046 degrees longitude to an upper point located at 44.742 degrees latitude, and -118.205 degrees longitude.
(B) Eagle Creek from a lower point located at 44.746 degrees latitude, and -117.169 degrees longitude to an upper point located at 45.132 degrees latitude, and -117.338 degrees longitude. East Fork Eagle Creek from a lower point located at 44.983 degrees latitude, and -117.37 degrees longitude to an upper point located at 45.171 degrees latitude, and -117.324 degrees longitude. West Eagle Creek from a lower point located at 45.019 degrees latitude, and -117.453 degrees longitude to an upper point located at 45.121 degrees latitude, and -117.436 degrees longitude.
(C) Wolf Creek from a lower point located at 45.044 degrees latitude, and -117.893 degrees longitude to an upper point located at 45.068 degrees latitude, and -118.193 degrees longitude.
(D) North Powder River from a lower point located at 45.039 degrees latitude, and -117.895 degrees longitude to an upper point located at 44.878 degrees latitude, and -118.203 degrees longitude.
(E) Anthony Creek from a lower point located at 45.013 degrees latitude, and -118.059 degrees longitude to an upper point located at 44.953 degrees latitude, and -118.22 degrees longitude. North Fork Anthony Creek from a lower point located at 45.045 degrees latitude, and -118.13 degrees longitude to an upper point located at 45.042 degrees latitude, and -118.23 degrees longitude.
(F) Indian Creek from a lower point located at 45.019 degrees latitude, and -118.154 degrees longitude to an upper point located at 44.976 degrees latitude, and -118.204 degrees longitude.
(G) Big Muddy Creek from a lower point located at 44.94 degrees latitude, and -117.945 degrees longitude to an upper point located at 44.899 degrees latitude, and -118.131 degrees longitude.
(H) Rock Creek from a lower point located at 44.918 degrees latitude, and -117.929 degrees longitude to an upper point located at 44.856 degrees latitude, and -118.124 degrees longitude.
(I) Salmon Creek from a lower point located at 44.888 degrees latitude, and -117.902 degrees longitude to an upper
(J) Pine Creek from a lower point located at 44.849 degrees latitude, and -117.893 degrees longitude to an upper point located at 44.826 degrees latitude, and -118.078 degrees longitude.
(K) Deer Creek from a lower point located at 44.684 degrees latitude, and -118.059 degrees longitude to an upper point located at 44.75 degrees latitude, and -118.107 degrees longitude. Lake Creek from a lower point located at 44.75 degrees latitude, and -118.107 degrees longitude to an upper point located at 44.81 degrees latitude, and -118.091 degrees longitude.
(L) Cracker Creek from a lower point located at 44.742 degrees latitude, and -118.205 degrees longitude to an upper point located at 44.846 degrees latitude, and -118.204 degrees longitude. Fruit Creek from a lower point located at 44.809 degrees latitude, and -118.211 degrees longitude to an upper point located at 44.859 degrees latitude, and -118.247 degrees longitude. Little Cracker Creek from a lower point located at 44.826 degrees latitude, and -118.196 degrees longitude to an upper point located at 44.84 degrees latitude, and -118.166 degrees longitude. Silver Creek from a lower point located at 44.809 degrees latitude, and -118.207 degrees longitude to an upper point located at 44.857 degrees latitude, and -118.291 degrees longitude.
Maps follow for Unit 12, Subunit i and Unit 12, Subunit ii.
(17) Unit 13—Malheur River Basin.
(i) Malheur River from a lower point located at 43.686 degrees latitude, and −118.27 degrees longitude to an upper point located at 44.145 degrees latitude, and −118.624 degrees longitude. Warm Springs Reservoir centered at 43.616 degrees latitude, and −118.237 degrees longitude.
(ii) Beulah Reservoir centered at 43.931 degrees latitude, and −118.153 degrees longitude. Cow Creek from a lower point located at 44.283 degrees latitude, and −118.396 degrees longitude to an upper point located at 44.29 degrees latitude, and −118.461 degrees longitude. Flat Creek from a lower point located at 44.305 degrees latitude, and −118.402 degrees longitude to an upper point located at 44.306 degrees latitude, and −118.389 degrees longitude. Horseshoe Creek from a lower point located at 44.323 degrees latitude, and −118.415 degrees longitude to an upper point located at 44.33 degrees latitude, and −118.463 degrees longitude. North Fork Malheur River from a lower point located at 43.945 degrees latitude, and −118.167 degrees longitude to an upper point located at 44.366 degrees latitude, and −118.404 degrees longitude. Sheep Creek from a lower point located at 44.281 degrees latitude, and −118.396 degrees longitude to an upper point located at 44.281 degrees latitude, and −118.475 degrees longitude. Swamp Creek from a lower point located at 44.291 degrees latitude, and −118.4 degrees longitude to an upper point located at 44.292 degrees latitude, and −118.483 degrees longitude.
(iii) Crane Creek from a lower point located at 44.162 degrees latitude, and −118.37 degrees longitude to an upper point located at 44.152 degrees latitude, and −118.386 degrees longitude. Elk Creek from a lower point located at 44.25 degrees latitude, and −118.391 degrees longitude to an upper point located at 44.245 degrees latitude, and −118.408 degrees longitude. Little Crane Creek from a lower point located at 44.152 degrees latitude, and −118.386 degrees longitude to an upper point located at 44.24 degrees latitude, and −118.472 degrees longitude. Little Malheur River from a lower point located at 44.019 degrees latitude, and −118.258 degrees longitude to an upper point located at 44.336 degrees latitude, and −118.351 degrees longitude. North Fork Elk Creek from a lower point located at 44.245 degrees latitude, and −118.408 degrees longitude to an upper point located at 44.274 degrees latitude, and −118.487 degrees longitude. South Fork Elk Creek from a lower point located at 44.245 degrees latitude, and −118.408 degrees longitude to an upper point located at 44.257 degrees latitude, and −118.471 degrees longitude. Unnamed creek off Little Crane Creek from a lower point located at 44.219 degrees latitude, and −118.422 degrees longitude to an upper point located at 44.214 degrees latitude, and −118.453 degrees longitude.
(iv) Big Creek from a lower point located at 44.145 degrees latitude, and −118.624 degrees longitude to an upper point located at 44.292 degrees latitude, and −118.638 degrees longitude. Crooked Creek from a lower point located at 44.151 degrees latitude, and −118.634 degrees longitude to an upper point located at 44.125 degrees latitude, and −118.665 degrees longitude. Lake Creek from a lower point located at 44.145 degrees latitude, and −118.624 degrees longitude to an upper point located at 44.283 degrees latitude, and −118.683 degrees longitude. Meadow Fork Big Creek from a lower point located at 44.228 degrees latitude, and −118.621 degrees longitude to an upper point located at 44.276 degrees latitude, and −118.658 degrees longitude. Snowshoe Creek from a lower point located at 44.242 degrees latitude, and −118.611 degrees longitude to an upper point located at 44.259 degrees latitude, and −118.58 degrees longitude. Summit Creek from a lower point located at 44.099 degrees latitude, and −118.587 degrees longitude to an upper point located at 44.261 degrees latitude, and −118.501 degrees longitude.
(v) Mccoy Creek from a lower point located at 44.169 degrees latitude, and −118.653 degrees longitude to an upper point located at 44.248 degrees latitude, and −118.673 degrees longitude.
(vi) Bosonberg Creek from a lower point located at 44.135 degrees latitude, and −118.618 degrees longitude to an upper point located at 44.224 degrees latitude, and −118.551 degrees longitude.
(vii) Corral Basin Creek from a lower point located at 44.214 degrees latitude, and −118.617 degrees longitude to an upper point located at 44.236 degrees latitude, and −118.561 degrees longitude.
Map follows for Unit 13.
(18) Unit 14—Coeur d'Alene Lake Basin.
(i) Critical Habitat Subunit—Coeur d'Alene Lake.
(A) Coeur d'Alene Lake centered at 47.548 degrees latitude, and −116.802 degrees longitude.
(B) Coeur d'Alene River from a lower point located at 47.46 degrees latitude, and −116.798 degrees longitude to an upper point located at 47.558 degrees latitude, and −116.257 degrees longitude. North Fork Coeur d'Alene River from a lower point located at 47.558 degrees latitude, and −116.257 degrees longitude to an upper point located at 48.006 degrees latitude, and −116.321 degrees longitude.
(C) Cougar Creek from a lower point located at 47.64 degrees latitude, and −116.191 degrees longitude to an upper point located at 47.732 degrees latitude, and −116.305 degrees longitude.
(D) East Fork Steamboat Creek from a lower point located at 47.716 degrees latitude, and −116.199 degrees longitude to an upper point located at 47.787 degrees latitude, and −116.204 degrees longitude. Steamboat Creek from a lower point located at 47.662 degrees latitude, and −116.154 degrees longitude to an upper point located at 47.716 degrees latitude, and −116.199 degrees longitude. West Fork Steamboat Creek from a lower point located at 47.716 degrees latitude, and −116.199 degrees longitude to an upper point located at 47.736 degrees latitude, and −116.277 degrees longitude.
(E) Prichard Creek from a lower point located at 47.658 degrees latitude, and −115.976 degrees longitude to an upper point located at 47.644 degrees latitude, and −115.921 degrees longitude.
(F) Eagle Creek from a lower point located at 47.644 degrees latitude, and −115.921 degrees longitude to an upper point located at 47.652 degrees latitude, and −115.903 degrees longitude. West Fork Eagle Creek from a lower point located at 47.652 degrees latitude, and −115.903 degrees longitude to an upper point located at 47.75 degrees latitude, and −115.803 degrees longitude.
(G) Independence Creek from a lower point located at 47.877 degrees latitude, and −116.208 degrees longitude to an upper point located at 47.862 degrees latitude, and −116.427 degrees longitude. Tepee Creek from a lower point located at 47.881 degrees latitude, and −116.132 degrees longitude to an upper point located at 47.846 degrees latitude, and −116.247 degrees longitude. Trail Creek from a lower point located at 47.846 degrees latitude, and −116.247 degrees longitude to an upper point located at 47.823 degrees latitude, and −116.341 degrees longitude.
(H) Buckskin Creek from a lower point located at 47.987 degrees latitude, and −116.225 degrees longitude to an upper point located at 48.034 degrees latitude, and −116.199 degrees longitude.
(ii) Critical Habitat Subunit—St. Joe River.
(A) St. Joe River from a lower point located at 47.393 degrees latitude, and −116.749 degrees longitude to an upper point located at 47.017 degrees latitude, and −115.078 degrees longitude.
(B) Eagle Creek from a lower point located at 47.211 degrees latitude, and −115.55 degrees longitude to an upper point located at 47.285 degrees latitude, and −115.495 degrees longitude. Gold Creek from a lower point located at 47.151 degrees latitude, and −115.408 degrees longitude to an upper point located at 47.257 degrees latitude, and −115.373 degrees longitude. Mosquito Creek from a lower point located at 47.156 degrees latitude, and −115.412 degrees longitude to an upper point located at 47.143 degrees latitude, and −115.429 degrees longitude. Simmons Creek from a lower point located at 47.137 degrees latitude, and −115.4 degrees longitude to an upper point located at 47.09 degrees latitude, and −115.231 degrees longitude.
(C) Beaver Creek from a lower point located at 47.083 degrees latitude, and −115.355 degrees longitude to an upper point located at 47.064 degrees latitude, and −115.48 degrees longitude. Fly Creek from a lower point located at 47.113 degrees latitude, and −115.385 degrees longitude to an upper point located at 47.081 degrees latitude, and −115.489 degrees longitude. Red Ives Creek from a lower point located at 47.056 degrees latitude, and −115.351 degrees longitude to an upper point located at 47.043 degrees latitude, and −115.278 degrees longitude.
(D) Bean Creek from a lower point located at 47.005 degrees latitude, and −115.27 degrees longitude to an upper point located at 46.993 degrees latitude, and −115.192 degrees longitude. Ruby Creek from a lower point located at 46.983 degrees latitude, and −115.367 degrees longitude to an upper point located at 46.961 degrees latitude, and −115.43 degrees longitude. Timber Creek from a lower point located at 47.018 degrees latitude, and −115.368 degrees longitude to an upper point located at 46.992 degrees latitude, and −115.462 degrees longitude.
(E) Heller Creek from a lower point located at 47.061 degrees latitude, and −115.22 degrees longitude to an upper point located at 47.091 degrees latitude, and −115.176 degrees longitude. Sherlock Creek from a lower point located at 47.064 degrees latitude, and −115.218 degrees longitude to an upper point located at 47.064 degrees latitude, and −115.137 degrees longitude. Yankee Bar Creek from a lower point located at 47.049 degrees latitude, and −115.191 degrees longitude to an upper point located at 47.021 degrees latitude, and −115.194 degrees longitude.
(F) California Creek from a lower point located at 47.041 degrees latitude, and −115.159 degrees longitude to an upper point located at 47.004 degrees latitude, and −115.177 degrees longitude. Medicine Creek from a lower point located at 47.028 degrees latitude, and −115.149 degrees longitude to an upper point located at 47.06 degrees latitude, and −115.131 degrees longitude. Wisdom Creek from a lower point located at 47.009 degrees latitude, and −115.133 degrees longitude to an upper point located at 47.027 degrees latitude, and −115.087 degrees longitude.
Map follows for Unit 14.
(19) Unit 15—Clearwater River Basin.
(i) Critical Habitat Subunit—Lower/Middle Fork Clearwater River.
(A) Clearwater River from a lower point located at 46.428 degrees latitude, and −117.039 degrees longitude to an upper point located at 46.146 degrees latitude, and −115.98 degrees longitude. Middle Fork Clearwater River from a lower point located at 46.146 degrees latitude, and −115.98 degrees longitude to an upper point located at 46.14 degrees latitude, and −115.599 degrees longitude. North Fork Clearwater River from a lower point located at 46.503 degrees latitude, and −116.331 degrees longitude to an upper point located at 46.514 degrees latitude, and −116.295 degrees longitude.
(B) Lolo Creek from a lower point located at 46.372 degrees latitude, and −116.17 degrees longitude to an upper point located at 46.457 degrees latitude, and −115.616 degrees longitude.
(C) Clear Creek from a lower point located at 46.135 degrees latitude, and −115.951 degrees longitude to an upper point located at 46.056 degrees latitude, and −115.659 degrees longitude. Middle Fork Clear Creek from a lower point located at 46.051 degrees latitude, and −115.781 degrees longitude to an upper point located at 46.024 degrees latitude, and −115.676 degrees longitude. South Fork Clear Creek from a lower point located at 46.043 degrees latitude, and −115.814 degrees longitude to an upper point located at 45.941 degrees latitude, and −115.769 degrees longitude.
(ii) Critical Habitat Subunit—North Fork Clearwater River.
(A) Breakfast Creek from a lower point located at 46.883 degrees latitude, and −115.939 degrees longitude to an upper point located at 46.884 degrees latitude, and −115.969 degrees longitude. Dworshak Reservoir centered at 46.626 degrees latitude, and −116.256 degrees longitude. Floodwood Creek from a lower point located at 46.888 degrees latitude, and −115.953 degrees longitude to an upper point located at 47.027 degrees latitude, and −115.955 degrees longitude. Freeman Creek from a lower point located at 46.567 degrees latitude, and −116.283 degrees longitude to an upper point located at 46.568 degrees latitude, and −116.312 degrees longitude. North Fork Clearwater River from a lower point located at 46.858 degrees latitude, and −115.68 degrees longitude to an upper point located at 46.999 degrees latitude, and −115.112 degrees longitude. Stony Creek from a lower point located at 46.884 degrees latitude, and −115.969 degrees longitude to an upper point located at 46.916 degrees latitude, and −116.012 degrees longitude. West Fork Floodwood Creek from a lower point located at 46.957 degrees latitude, and −115.927 degrees longitude to an upper point located at 46.999 degrees latitude, and −115.977 degrees longitude.
(B) Adair Creek from a lower point located at 47.083 degrees latitude, and −115.805 degrees longitude to an upper point located at 47.097 degrees latitude, and −115.852 degrees longitude. Butte Creek (Dworshak Reservoir) from a lower point located at 46.86 degrees latitude, and −115.743 degrees longitude to an upper point located at 46.843 degrees latitude, and −115.741 degrees longitude. Butte Creek (North Fork Clearwater) from a lower point located at 47.045 degrees latitude, and −115.719 degrees longitude to an upper point located at 47.031 degrees latitude, and −115.75 degrees longitude. Canyon Creek from a lower point located at 47 degrees latitude, and −115.65 degrees longitude to an upper point located at 47.017 degrees latitude, and −115.498 degrees longitude. Jungle Creek from a lower point located at 47.077 degrees latitude, and −115.803 degrees longitude to an upper point located at 47.11 degrees latitude, and −115.795 degrees longitude. Little Lost Lake Creek from a lower point located at 47.089 degrees latitude, and −115.892 degrees longitude to an upper point located at 47.066 degrees latitude, and −115.941 degrees longitude. Little North Fork Clearwater River from a lower point located at 46.887 degrees latitude, and −115.877 degrees longitude to an upper point located at 47.101 degrees latitude, and −115.962 degrees longitude. Lost Lake Creek from a lower point located at 47.096 degrees latitude, and −115.9 degrees longitude to an upper point located at 47.072 degrees latitude, and −115.957 degrees longitude. Lund Creek from a lower point located at 47.068 degrees latitude, and −115.883 degrees longitude to an upper point located at 47.05 degrees latitude, and −115.925 degrees longitude. Montana Creek from a lower point located at 47.045 degrees latitude, and −115.7 degrees longitude to an upper point located at 47.089 degrees latitude, and −115.675 degrees longitude. Rutledge Creek from a lower point located at 47.073 degrees latitude, and −115.754 degrees longitude to an upper point located at 47.108 degrees latitude, and −115.722 degrees longitude. Sawtooth Creek from a lower point located at 46.994 degrees latitude, and −115.649 degrees longitude to an upper point located at 46.973 degrees latitude, and −115.495 degrees longitude.
(C) Isabella Creek from a lower point located at 46.849 degrees latitude, and −115.63 degrees longitude to an upper point located at 46.914 degrees latitude, and −115.538 degrees longitude.
(D) Beaver Creek from a lower point located at 46.842 degrees latitude, and −115.62 degrees longitude to an upper point located at 46.815 degrees latitude, and −115.645 degrees longitude. Sneak Creek from a lower point located at 46.833 degrees latitude, and −115.543 degrees longitude to an upper point located at 46.834 degrees latitude, and −115.546 degrees longitude.
(E) Collins Creek from a lower point located at 46.862 degrees latitude, and −115.433 degrees longitude to an upper point located at 46.982 degrees latitude, and −115.452 degrees longitude. Frost Creek from a lower point located at 46.918 degrees latitude, and −115.348 degrees longitude to an upper point located at 46.926 degrees latitude, and −115.379 degrees longitude. Roaring Creek from a lower point located at 46.886 degrees latitude, and −115.355 degrees longitude to an upper point located at 46.918 degrees latitude, and −115.348 degrees longitude. Skull Creek from a lower point located at 46.827 degrees latitude, and −115.485 degrees longitude to an upper point located at 46.91 degrees latitude, and −115.255 degrees longitude.
(F) Quartz Creek from a lower point located at 46.806 degrees latitude, and −115.455 degrees longitude to an upper point located at 46.846 degrees latitude, and −115.258 degrees longitude.
(G) Lightning Creek from a lower point located at 46.782 degrees latitude, and −115.439 degrees longitude to an upper point located at 46.775 degrees latitude, and −115.44 degrees longitude. Rock Creek from a lower point located at 46.783 degrees latitude, and −115.477 degrees longitude to an upper point located at 46.746 degrees latitude, and −115.382 degrees longitude.
(H) Larson Creek from a lower point located at 46.765 degrees latitude, and −115.495 degrees longitude to an upper point located at 46.759 degrees latitude, and −115.487 degrees longitude. Little Washington Creek from a lower point located at 46.729 degrees latitude, and −115.554 degrees longitude to an upper point located at 46.741 degrees latitude, and −115.563 degrees longitude. Orogrande Creek from a lower point located at 46.631 degrees latitude, and −115.506 degrees longitude to an upper point located at 46.62 degrees latitude, and −115.508 degrees longitude. Washington Creek from a lower point located at 46.707 degrees latitude, and −115.557 degrees longitude to an upper point located at 46.698 degrees latitude, and −115.577 degrees longitude.
(I) Corral Creek from a lower point located at 46.483 degrees latitude, and −115.24 degrees longitude to an upper point located at 46.534 degrees latitude, and −115.206 degrees longitude. Fro Creek from a lower point located at 46.479 degrees latitude, and −115.221 degrees longitude to an upper point located at 46.467 degrees latitude, and −115.208 degrees longitude. Johnagan Creek from a lower point located at 46.51 degrees latitude, and −115.366 degrees longitude to an upper point located at 46.543 degrees latitude, and −115.353 degrees longitude. Johnny Creek from a lower point located at 46.613 degrees latitude, and −115.434 degrees longitude to an upper point located at 46.614 degrees latitude, and −115.371 degrees longitude. Little Weitas Creek from a lower point located at 46.506 degrees latitude, and −115.391 degrees longitude to an upper point located at 46.479 degrees latitude, and −115.388 degrees longitude. Liz Creek from a lower point located at 46.482 degrees latitude, and −115.289 degrees longitude to an upper point located at 46.436 degrees latitude, and −115.305 degrees longitude. Middle Creek from a lower point located at 46.521 degrees latitude, and −115.411 degrees longitude to an upper point located at 46.459 degrees latitude, and −115.538 degrees longitude. Weitas Creek from a lower point located at 46.636 degrees latitude, and −115.433 degrees longitude to an upper point located at 46.508 degrees latitude, and −115.173 degrees longitude. Windy Creek from a lower point located at 46.494 degrees latitude, and −115.327 degrees longitude to an upper point located at 46.57 degrees latitude, and −115.235 degrees longitude.
(J) Death Creek from a lower point located at 46.656 degrees latitude, and −115.388 degrees longitude to an upper point located at 46.662 degrees latitude, and −115.397 degrees longitude. Fisher Creek from a lower point located at 46.662 degrees latitude, and −115.38 degrees longitude to an upper point located at 46.672 degrees latitude, and −115.386 degrees longitude. Trail Creek from a lower point located at 46.685 degrees latitude, and −115.351 degrees longitude to an upper point located at 46.7 degrees latitude, and −115.358 degrees longitude.
(K) Bill Creek from a lower point located at 46.631 degrees latitude, and −115.27 degrees longitude to an upper point located at 46.637 degrees latitude, and −115.186 degrees longitude. Fourth Of July Creek from a lower point located at 46.665 degrees latitude, and −115.376 degrees longitude to an upper point located at 46.564 degrees latitude, and −115.259 degrees longitude. Shot Creek from a lower point located at 46.639 degrees latitude, and −115.28 degrees longitude to an upper point located at 46.666 degrees latitude, and −115.206 degrees longitude.
(L) Cold Springs Creek from a lower point located at 46.721 degrees latitude, and −115.297 degrees longitude to an upper point located at 46.745 degrees latitude, and −115.341 degrees longitude. Cool Creek from a lower point located at 46.741 degrees latitude, and −115.326 degrees longitude to an upper point located at 46.751 degrees latitude, and −115.323 degrees longitude.
(M) Barnard Creek from a lower point located at 46.708 degrees latitude, and −115.167 degrees longitude to an upper point located at 46.644 degrees latitude, and −115.188 degrees longitude. Bear Creek from a lower point located at 46.711 degrees latitude, and −114.962 degrees longitude to an upper point located at 46.75 degrees latitude, and −114.921 degrees longitude. Junction Creek from a lower point located at 46.718 degrees latitude, and −115.235 degrees longitude to an upper point located at 46.698 degrees latitude, and −115.239 degrees longitude. Kelly Creek from a lower point located at 46.716 degrees latitude, and −115.257 degrees longitude to an upper point located at 46.73 degrees latitude, and −114.86 degrees longitude. Kid Lake Creek from a lower point located at 46.747 degrees latitude, and −114.805 degrees longitude to an upper point located at 46.769 degrees latitude, and −114.804 degrees longitude. Middle Fork Kelly Creek from a lower point located at 46.73 degrees latitude, and −114.86 degrees longitude to an upper point located at 46.747 degrees latitude, and −114.805 degrees longitude. North Fork Kelly Creek from a lower point located at 46.73 degrees latitude, and −114.86 degrees longitude to an upper point located at 46.78 degrees latitude, and −114.869 degrees longitude. South Fork Kelly Creek from a lower point located at 46.712 degrees latitude, and −114.862 degrees longitude to an upper point located at 46.707 degrees latitude, and −114.817 degrees longitude.
(N) Little Moose Creek from a lower point located at 46.733 degrees latitude, and −115.077 degrees longitude to an upper point located at 46.783 degrees latitude, and −114.905 degrees longitude. Moose Creek from a lower point located at 46.721 degrees latitude, and −115.086 degrees longitude to an upper point located at 46.752 degrees latitude, and −115.184 degrees longitude. Osier Creek from a lower point located at 46.744 degrees latitude, and −115.073 degrees longitude to an upper point located at 46.837 degrees latitude, and −115.064 degrees longitude. Pollock Creek from a lower point located at 46.781 degrees latitude, and −115.022 degrees longitude to an upper point located at 46.78 degrees latitude, and −114.989 degrees longitude. Ruby Creek from a lower point located at 46.733 degrees latitude, and −115.078 degrees longitude to an upper point located at 46.745 degrees latitude, and −115.104 degrees longitude. Sugar Creek from a lower point located at 46.771 degrees latitude, and −115.034 degrees longitude to an upper point located at 46.82 degrees latitude, and −115.005 degrees longitude. Swamp Creek from a lower point located at 46.745 degrees latitude, and −115.067 degrees longitude to an upper point located at 46.799 degrees latitude, and −115.001 degrees longitude.
(O) Cayuse Creek from a lower point located at 46.712 degrees latitude, and −115.02 degrees longitude to an upper point located at 46.612 degrees latitude, and −114.792 degrees longitude. Gravey Creek from a lower point located at 46.6 degrees latitude, and −115.073 degrees longitude to an upper point located at 46.513 degrees latitude, and −115.152 degrees longitude. Howard Creek from a lower point located at 46.593 degrees latitude, and −115.013 degrees longitude to an upper point located at 46.531 degrees latitude, and −115.07 degrees longitude. Mae Creek from a lower point located at 46.581 degrees latitude, and −115.104 degrees longitude to an upper point located at 46.576 degrees latitude, and −115.1 degrees longitude. Marten Creek from a lower point located at 46.575 degrees latitude, and −115.105 degrees longitude to an upper point located at 46.555 degrees latitude, and −115.177 degrees longitude. Mink Creek from a lower point located at 46.601 degrees latitude, and −114.894 degrees longitude to an upper point located at 46.628 degrees latitude, and −114.893 degrees longitude. Monroe Creek from a lower point located at 46.642 degrees latitude, and −115.131 degrees longitude to an upper point located at 46.631 degrees latitude, and −115.149 degrees longitude. Silver Creek from a lower point located at 46.607 degrees latitude, and −114.83 degrees longitude to an upper point located at 46.653 degrees latitude, and −114.813 degrees longitude. Toboggan Creek from a lower point located at 46.677 degrees latitude, and −115.049 degrees longitude to an upper point located at 46.631 degrees latitude, and −114.937 degrees
(P) Bostonian Creek from a lower point located at 46.962 degrees latitude, and −115.113 degrees longitude to an upper point located at 47.002 degrees latitude, and −115.159 degrees longitude. Boundary Creek from a lower point located at 46.972 degrees latitude, and −115.107 degrees longitude to an upper point located at 46.981 degrees latitude, and −115.076 degrees longitude. Chamberlain Creek from a lower point located at 46.929 degrees latitude, and −115.142 degrees longitude to an upper point located at 46.917 degrees latitude, and −115.2 degrees longitude. Deception Gulch from a lower point located at 46.837 degrees latitude, and −115.119 degrees longitude to an upper point located at 46.819 degrees latitude, and −115.149 degrees longitude. Elizabeth Creek from a lower point located at 46.79 degrees latitude, and −115.219 degrees longitude to an upper point located at 46.799 degrees latitude, and −115.228 degrees longitude. Goose Creek from a lower point located at 46.852 degrees latitude, and −115.012 degrees longitude to an upper point located at 46.906 degrees latitude, and −114.952 degrees longitude. Graves Creek from a lower point located at 46.986 degrees latitude, and −115.1 degrees longitude to an upper point located at 47.006 degrees latitude, and −115.078 degrees longitude. Hidden Creek from a lower point located at 46.832 degrees latitude, and −115.177 degrees longitude to an upper point located at 46.846 degrees latitude, and −115.213 degrees longitude. Lake Creek from a lower point located at 46.869 degrees latitude, and −115.078 degrees longitude to an upper point located at 46.832 degrees latitude, and −114.971 degrees longitude. Long Creek from a lower point located at 46.873 degrees latitude, and −115.075 degrees longitude to an upper point located at 46.95 degrees latitude, and −115.024 degrees longitude. Meadow Creek from a lower point located at 46.905 degrees latitude, and −115.116 degrees longitude to an upper point located at 46.964 degrees latitude, and −115.22 degrees longitude. Niagra Gulch from a lower point located at 46.967 degrees latitude, and −115.136 degrees longitude to an upper point located at 46.974 degrees latitude, and −115.158 degrees longitude. Pete Ott Creek from a lower point located at 46.748 degrees latitude, and −115.236 degrees longitude to an upper point located at 46.754 degrees latitude, and −115.239 degrees longitude. Placer Creek from a lower point located at 46.938 degrees latitude, and −115.167 degrees longitude to an upper point located at 46.963 degrees latitude, and −115.19 degrees longitude. Rawhide Creek from a lower point located at 46.898 degrees latitude, and −115.047 degrees longitude to an upper point located at 46.938 degrees latitude, and −115.055 degrees longitude. Short Creek from a lower point located at 46.886 degrees latitude, and −115.057 degrees longitude to an upper point located at 46.898 degrees latitude, and −115.013 degrees longitude. Slate Creek from a lower point located at 46.927 degrees latitude, and −115.018 degrees longitude to an upper point located at 46.914 degrees latitude, and −114.979 degrees longitude. Unnamed creek off Long Creek from a lower point located at 46.939 degrees latitude, and −115.023 degrees longitude to an upper point located at 46.956 degrees latitude, and −115.056 degrees longitude. Vanderbilt Gulch from a lower point located at 46.916 degrees latitude, and −115.119 degrees longitude to an upper point located at 46.944 degrees latitude, and −115.221 degrees longitude.
(iii) Critical Habitat Subunit—Fish Lake (North Fork).
(A) Fish Lake centered at 46.818 degrees latitude, and −114.911 degrees longitude. Lake Creek from a lower point located at 46.832 degrees latitude, and −114.971 degrees longitude to an upper point located at 46.817 degrees latitude, and −114.919 degrees longitude.
(B) [Reserved]
(iv) Critical Habitat Subunit—South Fork Clearwater River.
(A) South Fork Clearwater River from a lower point located at 46.146 degrees latitude, and −115.98 degrees longitude to an upper point located at 45.808 degrees latitude, and −115.474 degrees longitude.
(B) Merton Creek from a lower point located at 45.725 degrees latitude, and −115.995 degrees longitude to an upper point located at 45.724 degrees latitude, and −115.978 degrees longitude. Mill Creek from a lower point located at 45.83 degrees latitude, and −115.931 degrees longitude to an upper point located at 45.725 degrees latitude, and −115.995 degrees longitude.
(C) Gospel Creek from a lower point located at 45.703 degrees latitude, and -115.89 degrees longitude to an upper point located at 45.677 degrees latitude, and -115.89 degrees longitude. Hagen Creek from a lower point located at 45.649 degrees latitude, and -115.817 degrees longitude to an upper point located at 45.63 degrees latitude, and -115.808 degrees longitude. Johns Creek from a lower point located at 45.824 degrees latitude, and -115.889 degrees longitude to an upper point located at 45.683 degrees latitude, and -115.754 degrees longitude. Moores Creek from a lower point located at 45.676 degrees latitude, and -115.837 degrees longitude to an upper point located at 45.615 degrees latitude, and -115.879 degrees longitude. Moores Lake Creek from a lower point located at 45.677 degrees latitude, and -115.89 degrees longitude to an upper point located at 45.659 degrees latitude, and -115.869 degrees longitude. Open Creek from a lower point located at 45.676 degrees latitude, and -115.837 degrees longitude to an upper point located at 45.683 degrees latitude, and -115.822 degrees longitude. Taylor Creek from a lower point located at 45.659 degrees latitude, and -115.782 degrees longitude to an upper point located at 45.637 degrees latitude, and -115.773 degrees longitude. Twin Lakes Creek from a lower point located at 45.664 degrees latitude, and -115.827 degrees longitude to an upper point located at 45.65 degrees latitude, and -115.817 degrees longitude.
(D) Silver Creek from a lower point located at 45.806 degrees latitude, and -115.791 degrees longitude to an upper point located at 45.807 degrees latitude, and -115.79 degrees longitude. Twentymile Creek from a lower point located at 45.795 degrees latitude, and -115.763 degrees longitude to an upper point located at 45.794 degrees latitude, and -115.764 degrees longitude. Wing Creek from a lower point located at 45.795 degrees latitude, and -115.776 degrees longitude to an upper point located at 45.792 degrees latitude, and -115.776 degrees longitude.
(E) Sixmile Creek from a lower point located at 45.764 degrees latitude, and -115.659 degrees longitude to an upper point located at 45.763 degrees latitude, and -115.645 degrees longitude. Tenmile Creek from a lower point located at 45.806 degrees latitude, and -115.683 degrees longitude to an upper point located at 45.639 degrees latitude, and -115.712 degrees longitude. Williams Creek from a lower point located at 45.731 degrees latitude, and -115.655 degrees longitude to an upper point located at 45.667 degrees latitude, and -115.657 degrees longitude. Wiseboy Creek from a lower point located at 45.642 degrees latitude, and -115.711 degrees longitude to an upper point located at 45.638 degrees latitude, and -115.703 degrees longitude.
(F) Buckhorn Creek from a lower point located at 45.81 degrees latitude, and -115.656 degrees longitude to an upper point located at 45.808 degrees latitude, and -115.656 degrees longitude.
(G) Baldy Creek from a lower point located at 45.908 degrees latitude, and -115.629 degrees longitude to an upper point located at 45.944 degrees latitude, and -115.682 degrees longitude. Bear Creek from a lower point located at 45.863 degrees latitude, and -115.617 degrees longitude to an upper point located at 45.878 degrees latitude, and -115.594 degrees longitude. Beaver Creek from a lower point located at 45.896 degrees latitude, and -115.63 degrees longitude to an upper point located at 45.943 degrees latitude, and -115.568 degrees longitude. Mule Creek from a lower point located at 45.925 degrees latitude, and -115.634 degrees longitude to an upper point located at 45.933 degrees latitude, and -115.63 degrees longitude. Newsome Creek from a lower point located at 45.828 degrees latitude, and -115.615 degrees longitude to an upper point located at 46.004 degrees latitude, and -115.678 degrees longitude. Pilot Creek from a lower point located at 45.907 degrees latitude, and -115.629 degrees longitude to an upper point located at 45.945 degrees latitude, and -115.731 degrees longitude. Unnamed creek 1 off Pilot Creek from a lower point located at 45.93 degrees latitude, and -115.676 degrees longitude to an upper point located at 45.924 degrees latitude, and -115.687 degrees longitude. Unnamed creek 2 off Pilot Creek from a lower point located at 45.939 degrees latitude, and -115.716 degrees longitude to an upper point located at 45.934 degrees latitude, and -115.72 degrees longitude. West Fork Newsome Creek from a lower point located at 45.865 degrees latitude, and -115.617 degrees longitude to an upper point located at 45.892 degrees latitude, and -115.694 degrees longitude.
(H) Crooked River from a lower point located at 45.824 degrees latitude, and -115.529 degrees longitude to an upper point located at 45.695 degrees latitude, and -115.548 degrees longitude. East Fork Crooked River from a lower point located at 45.695 degrees latitude, and -115.548 degrees longitude to an upper point located at 45.673 degrees latitude, and -115.542 degrees longitude. Relief Creek from a lower point located at 45.748 degrees latitude, and -115.519 degrees longitude to an upper point located at 45.754 degrees latitude, and -115.497 degrees longitude. Unnamed creek off West Fork Crooked River from a lower point located at 45.69 degrees latitude, and -115.563 degrees longitude to an upper point located at 45.695 degrees latitude, and -115.573 degrees longitude. West Fork Crooked River from a lower point located at 45.695 degrees latitude, and -115.548 degrees longitude to an upper point located at 45.666 degrees latitude, and -115.596 degrees longitude.
(I) Baston Creek from a lower point located at 45.76 degrees latitude, and -115.235 degrees longitude to an upper point located at 45.731 degrees latitude, and -115.223 degrees longitude. Bridge Creek from a lower point located at 45.779 degrees latitude, and -115.21 degrees longitude to an upper point located at 45.814 degrees latitude, and -115.163 degrees longitude. Dawson Creek from a lower point located at 45.73 degrees latitude, and -115.39 degrees longitude to an upper point located at 45.743 degrees latitude, and -115.425 degrees longitude. Ditch Creek from a lower point located at 45.747 degrees latitude, and -115.297 degrees longitude to an upper point located at 45.794 degrees latitude, and -115.292 degrees longitude. Little Moose Creek from a lower point located at 45.716 degrees latitude, and -115.367 degrees longitude to an upper point located at 45.709 degrees latitude, and -115.399 degrees longitude. Middle Fork. Red River from a lower point located at 45.659 degrees latitude, and -115.412 degrees longitude to an upper point located at 45.631 degrees latitude, and -115.471 degrees longitude. Moose Butte Creek from a lower point located at 45.71 degrees latitude, and -115.352 degrees longitude to an upper point located at 45.692 degrees latitude, and -115.416 degrees longitude. Otterson Creek from a lower point located at 45.776 degrees latitude, and -115.219 degrees longitude to an upper point located at 45.82 degrees latitude, and -115.233 degrees longitude. Red Horse Creek from a lower point located at 45.794 degrees latitude, and -115.4 degrees longitude to an upper point located at 45.827 degrees latitude, and -115.326 degrees longitude. Red River from a lower point located at 45.808 degrees latitude, and -115.474 degrees longitude to an upper point located at 45.803 degrees latitude, and -115.154 degrees longitude. Siegel Creek from a lower point located at 45.773 degrees latitude, and -115.387 degrees longitude to an upper point located at 45.787 degrees latitude, and -115.367 degrees longitude. Soda Creek from a lower point located at 45.756 degrees latitude, and -115.256 degrees longitude to an upper point located at 45.746 degrees latitude, and -115.251 degrees longitude. South Fork Red River from a lower point located at 45.711 degrees latitude, and -115.344 degrees longitude to an upper point located at 45.623 degrees latitude, and -115.479 degrees longitude. Trapper Creek from a lower point located at 45.674 degrees latitude, and -115.344 degrees longitude to an upper point located at 45.705 degrees latitude, and -115.247 degrees longitude. West Fork Red River from a lower point located at 45.653 degrees latitude, and -115.401 degrees longitude to an upper point located at 45.667 degrees latitude, and -115.452 degrees longitude.
(J) American River from a lower point located at 45.808 degrees latitude, and -115.474 degrees longitude to an upper point located at 45.945 degrees latitude, and -115.449 degrees longitude. Big Elk Creek from a lower point located at 45.841 degrees latitude, and -115.434 degrees longitude to an upper point located at 45.933 degrees latitude, and -115.554 degrees longitude. East Fork. American River from a lower point located at 45.864 degrees latitude, and -115.424 degrees longitude to an upper point located at 45.919 degrees latitude, and -115.362 degrees longitude. Elk Creek from a lower point located at 45.818 degrees latitude, and -115.458 degrees longitude to an upper point located at 45.841 degrees latitude, and -115.434 degrees longitude. Flint Creek from a lower point located at 45.891 degrees latitude, and -115.427 degrees longitude to an upper point located at 45.913 degrees latitude, and -115.423 degrees longitude. Kirks Fork American River from a lower point located at 45.822 degrees latitude, and -115.41 degrees longitude to an upper point located at 45.829 degrees latitude, and -115.389 degrees longitude. Lick Creek from a lower point located at 45.923 degrees latitude, and -115.468 degrees longitude to an upper point located at 45.969 degrees latitude, and -115.486 degrees longitude. Little Elk Creek from a lower point located at 45.841 degrees latitude, and -115.434 degrees longitude to an upper point located at 45.927 degrees latitude, and -115.537 degrees longitude. West Fork American River from a lower point located at 45.913 degrees latitude, and -115.465 degrees longitude to an upper point located at 45.935 degrees latitude, and -115.544 degrees longitude.
(v) Critical Habitat Subunit—Lochsa River.
(A) Lochsa River from a lower point located at 46.14 degrees latitude, and -115.599 degrees longitude to an upper point located at 46.508 degrees latitude, and -114.681 degrees longitude.
(B) Bimerick Creek from a lower point located at 46.228 degrees latitude, and -115.444 degrees longitude to an upper point located at 46.233 degrees latitude, and -115.445 degrees longitude. Canyon Creek from a lower point located at 46.211 degrees latitude, and -115.541 degrees longitude to an upper point located at 46.211 degrees latitude, and -115.552 degrees longitude. Coolwater Creek from a lower point located at 46.229 degrees latitude, and -115.456 degrees longitude to an upper point located at 46.214 degrees latitude, and -115.466 degrees longitude. Deadman Creek from a lower point located at 46.226 degrees latitude, and -115.501 degrees longitude to an upper point located at 46.252 degrees latitude, and -115.506 degrees longitude. Fire Creek from a lower point located at 46.227 degrees latitude, and -115.432 degrees longitude to an upper point located at 46.219 degrees latitude, and -115.424 degrees longitude.
(C) Split Creek from a lower point located at 46.233 degrees latitude, and -115.407 degrees longitude to an upper point located at 46.162 degrees latitude, and -115.351 degrees longitude.
(D) Old Man Creek from a lower point located at 46.252 degrees latitude, and -115.399 degrees longitude to an upper point located at 46.231 degrees latitude, and -115.28 degrees longitude.
(E) Fish Creek from a lower point located at 46.333 degrees latitude, and -115.345 degrees longitude to an upper point located at 46.373 degrees latitude, and -115.596 degrees longitude. Hungery Creek from a lower point located at 46.356 degrees latitude, and -115.397 degrees longitude to an upper point located at 46.4 degrees latitude, and -115.568 degrees longitude.
(F) Boulder Creek from a lower point located at 46.338 degrees latitude, and -115.314 degrees longitude to an upper point located at 46.321 degrees latitude, and -115.224 degrees longitude.
(G) Bald Mountain Creek from a lower point located at 46.384 degrees latitude, and -115.231 degrees longitude to an upper point located at 46.399 degrees latitude, and -115.24 degrees longitude. Stanley Creek from a lower point located at 46.421 degrees latitude, and -115.161 degrees longitude to an upper point located at 46.406 degrees latitude, and -115.153 degrees longitude.
(H) Indian Grave Creek from a lower point located at 46.452 degrees latitude, and -115.076 degrees longitude to an upper point located at 46.49 degrees latitude, and -115.142 degrees longitude.
(I) Weir Creek from a lower point located at 46.458 degrees latitude, and -115.034 degrees longitude to an upper point located at 46.534 degrees latitude, and -115.017 degrees longitude.
(J) California Creek from a lower point located at 46.366 degrees latitude, and -114.998 degrees longitude to an upper point located at 46.344 degrees latitude, and -114.994 degrees longitude. Fish Lake Creek from a lower point located at 46.415 degrees latitude, and -115.006 degrees longitude to an upper point located at 46.366 degrees latitude, and -114.998 degrees longitude. Freezeout Creek from a lower point located at 46.404 degrees latitude, and -115 degrees longitude to an upper point located at 46.378 degrees latitude, and -114.967 degrees longitude. Lake Creek from a lower point located at 46.463 degrees latitude, and -114.996 degrees longitude to an upper point located at 46.415 degrees latitude, and -115.006 degrees longitude.
(K) Postoffice Creek from a lower point located at 46.466 degrees latitude, and -114.985 degrees longitude to an upper point located at 46.529 degrees latitude, and -114.95 degrees longitude. West Fork Postoffice Creek from a lower point located at 46.482 degrees latitude, and -114.979 degrees longitude to an upper point located at 46.514 degrees latitude, and -115.003 degrees longitude.
(L) Cooperation Creek from a lower point located at 46.452 degrees latitude, and -114.869 degrees longitude to an upper point located at 46.44 degrees latitude, and -114.816 degrees longitude. Warm Springs Creek from a lower point located at 46.473 degrees latitude, and -114.887 degrees longitude to an upper point located at 46.43 degrees latitude, and -114.864 degrees longitude.
(M) Doe Creek from a lower point located at 46.499 degrees latitude, and -114.862 degrees longitude to an upper point located at 46.554 degrees latitude, and -114.92 degrees longitude. East Fork Fishing Creek from a lower point located at 46.556 degrees latitude, and -114.854 degrees longitude to an upper point located at 46.561 degrees latitude, and -114.837 degrees longitude. Fishing Creek from a lower point located at 46.492 degrees latitude, and -114.857 degrees longitude to an upper point located at 46.571 degrees latitude, and -114.859 degrees longitude. Spring Creek from a lower point located at 46.546 degrees latitude, and -114.885 degrees longitude to an upper point located at 46.552 degrees latitude, and -114.902 degrees longitude. West Fork. Fishing Creek from a lower point located at 46.537 degrees latitude, and -114.867 degrees longitude to an upper point located at 46.567 degrees latitude, and -114.884 degrees longitude.
(N) Badger Creek from a lower point located at 46.505 degrees latitude, and −114.823 degrees longitude to an upper point located at 46.517 degrees latitude, and −114.824 degrees longitude. Wendover Creek from a lower point located at 46.509 degrees latitude, and −114.785 degrees longitude to an upper point located at 46.52 degrees latitude, and −114.788 degrees longitude.
(O) East Fork Legendary Bear Creek from a lower point located at 46.535 degrees latitude, and −114.765 degrees longitude to an upper point located at 46.562 degrees latitude, and −114.735 degrees longitude. Legendary Bear Creek from a lower point located at 46.511 degrees latitude, and −114.761 degrees longitude to an upper point located at 46.535 degrees latitude, and −114.765 degrees longitude. Parachute Creek from a lower point located at 46.529 degrees latitude, and −114.761 degrees longitude to an upper point located at 46.53 degrees latitude, and −114.756 degrees longitude. West Fork Legendary Bear Creek from a lower point located at 46.535 degrees latitude, and −114.765 degrees longitude to an upper point located at 46.58 degrees latitude, and −114.751 degrees longitude.
(P) Walton Creek from a lower point located at 46.508 degrees latitude, and −114.681 degrees longitude to an upper point located at 46.473 degrees latitude, and −114.68 degrees longitude.
(Q) Beaver Creek from a lower point located at 46.506 degrees latitude, and −114.626 degrees longitude to an upper point located at 46.553 degrees latitude, and −114.503 degrees longitude. Big Flat Creek from a lower point located at 46.402 degrees latitude, and −114.493 degrees longitude to an upper point located at 46.313 degrees latitude, and −114.44 degrees longitude. Colt Killed Creek from a lower point located at 46.508 degrees latitude, and −114.681 degrees longitude to an upper point located at 46.429 degrees latitude, and −114.414 degrees longitude. Maud Creek from a lower point located at 46.497 degrees latitude, and −114.514 degrees longitude to an upper point located at 46.474 degrees latitude, and −114.411 degrees longitude. Storm Creek from a lower point located at 46.463 degrees latitude, and −114.548 degrees longitude to an upper point located at 46.541 degrees latitude, and −114.402 degrees longitude.
(R) Boulder Creek from a lower point located at 46.615 degrees latitude, and −114.67 degrees longitude to an upper point located at 46.679 degrees latitude, and −114.748 degrees longitude. Crooked Fork from a lower point located at 46.508 degrees latitude, and −114.681 degrees longitude to an upper
(S) Brushy Fork from a lower point located at 46.578 degrees latitude, and −114.612 degrees longitude to an upper point located at 46.616 degrees latitude, and −114.454 degrees longitude. North Fork Spruce Creek from a lower point located at 46.606 degrees latitude, and −114.392 degrees longitude to an upper point located at 46.616 degrees latitude, and −114.351 degrees longitude. South Fork Spruce Creek from a lower point located at 46.606 degrees latitude, and −114.392 degrees longitude to an upper point located at 46.565 degrees latitude, and −114.352 degrees longitude. Shoot Creek from a lower point located at 46.606 degrees latitude, and −114.414 degrees longitude to an upper point located at 46.58 degrees latitude, and −114.425 degrees longitude. Spruce Creek from a lower point located at 46.606 degrees latitude, and −114.392 degrees longitude to an upper point located at 46.616 degrees latitude, and −114.454 degrees longitude. Twin Creek from a lower point located at 46.582 degrees latitude, and −114.527 degrees longitude to an upper point located at 46.57 degrees latitude, and −114.474 degrees longitude.
(vi) Critical Habitat Subunit—Fish Lake (Lochsa).
(A) Fish Lake centered at 46.818 degrees latitude, and −114.911 degrees longitude. Fish Lake Creek from a lower point located at 46.366 degrees latitude, and −114.998 degrees longitude to an upper point located at 46.325 degrees latitude, and −115.084 degrees longitude.
(B) [Reserved]
(vii) Critical Habitat Subunit—Selway River.
(A) Goddard Cr. from a lower point located at 46.101 degrees latitude, and −115.557 degrees longitude to an upper point located at 46.095 degrees latitude, and −115.558 degrees longitude. Selway River from a lower point located at 46.14 degrees latitude, and −115.599 degrees longitude to an upper point located at 45.478 degrees latitude, and −114.676 degrees longitude.
(B) East Fork O'Hara Creek from a lower point located at 45.999 degrees latitude, and −115.523 degrees longitude to an upper point located at 45.939 degrees latitude, and −115.54 degrees longitude. O'Hara Creek from a lower point located at 46.086 degrees latitude, and −115.517 degrees longitude to an upper point located at 45.999 degrees latitude, and −115.523 degrees longitude. West Fork O'Hara Creek from a lower point located at 45.999 degrees latitude, and −115.523 degrees longitude to an upper point located at 45.949 degrees latitude, and −115.569 degrees longitude.
(C) Boyd Creek from a lower point located at 46.081 degrees latitude, and −115.442 degrees longitude to an upper point located at 46.093 degrees latitude, and −115.43 degrees longitude. Falls Creek from a lower point located at 46.061 degrees latitude, and −115.338 degrees longitude to an upper point located at 46.051 degrees latitude, and −115.348 degrees longitude. Glover Creek from a lower point located at 46.068 degrees latitude, and −115.361 degrees longitude to an upper point located at 46.081 degrees latitude, and −115.36 degrees longitude. Rackliff Creek from a lower point located at 46.084 degrees latitude, and −115.494 degrees longitude to an upper point located at 46.102 degrees latitude, and −115.495 degrees longitude.
(D) Gedney Creek from a lower point located at 46.056 degrees latitude, and −115.313 degrees longitude to an upper point located at 46.135 degrees latitude, and −115.248 degrees longitude. West Fork Gedney Creek from a lower point located at 46.094 degrees latitude, and −115.293 degrees longitude to an upper point located at 46.11 degrees latitude, and −115.294 degrees longitude.
(E) East Fork Meadow Creek from a lower point located at 45.88 degrees latitude, and −115.103 degrees longitude to an upper point located at 45.829 degrees latitude, and −115.027 degrees longitude. Meadow Creek from a lower point located at 46.046 degrees latitude, and −115.295 degrees longitude to an upper point located at 45.879 degrees latitude, and −115.212 degrees longitude. Schwar Creek from a lower point located at 45.882 degrees latitude, and −115.116 degrees longitude to an upper point located at 45.905 degrees latitude, and −115.108 degrees longitude.
(F) Otter Creek from a lower point located at 46.051 degrees latitude, and −115.22 degrees longitude to an upper point located at 46.043 degrees latitude, and −115.217 degrees longitude. Three Links Creek from a lower point located at 46.098 degrees latitude, and −115.072 degrees longitude to an upper point located at 46.142 degrees latitude, and −115.091 degrees longitude.
(G) Mink Creek from a lower point located at 46.098 degrees latitude, and −115.071 degrees longitude to an upper point located at 46.008 degrees latitude, and −115.114 degrees longitude.
(H) Marten Creek from a lower point located at 46.099 degrees latitude, and −115.052 degrees longitude to an upper point located at 45.963 degrees latitude, and −115.046 degrees longitude.
(I) Cedar Creek from a lower point located at 46.249 degrees latitude, and −114.708 degrees longitude to an upper point located at 46.33 degrees latitude, and −114.705 degrees longitude. East Fork Moose Creek from a lower point located at 46.165 degrees latitude, and −114.897 degrees longitude to an upper point located at 46.271 degrees latitude, and −114.679 degrees longitude. Moose Creek from a lower point located at 46.122 degrees latitude, and −114.935 degrees longitude to an upper point located at 46.165 degrees latitude, and −114.897 degrees longitude. North Fork Moose Creek from a lower point located at 46.165 degrees latitude, and −114.897 degrees longitude to an upper point located at 46.274 degrees latitude, and −114.923 degrees longitude. Rhoda Creek from a lower point located at 46.239 degrees latitude, and −115.008 degrees longitude to an upper point located at 46.234 degrees latitude, and −114.96 degrees longitude. Wounded Doe Creek from a lower point located at 46.239 degrees latitude, and −115.008 degrees longitude to an upper point located at 46.3 degrees latitude, and −115.079 degrees longitude.
(J) Pettibone Creek from a lower point located at 46.041 degrees latitude, and −114.84 degrees longitude to an upper
(K) Bear Creek from a lower point located at 46.019 degrees latitude, and −114.844 degrees longitude to an upper point located at 46.109 degrees latitude, and −114.508 degrees longitude. Brushy Fork Creek from a lower point located at 46.003 degrees latitude, and −114.698 degrees longitude to an upper point located at 45.989 degrees latitude, and −114.582 degrees longitude. Cub Creek from a lower point located at 46.034 degrees latitude, and −114.756 degrees longitude to an upper point located at 46.032 degrees latitude, and −114.617 degrees longitude. Paradise Creek from a lower point located at 46.022 degrees latitude, and −114.728 degrees longitude to an upper point located at 46.039 degrees latitude, and −114.526 degrees longitude.
(L) Eagle Creek from a lower point located at 45.908 degrees latitude, and −114.853 degrees longitude to an upper point located at 45.781 degrees latitude, and −114.899 degrees longitude. Lynx Creek from a lower point located at 45.849 degrees latitude, and −114.937 degrees longitude to an upper point located at 45.818 degrees latitude, and −114.951 degrees longitude. Running Creek from a lower point located at 45.919 degrees latitude, and −114.832 degrees longitude to an upper point located at 45.916 degrees latitude, and −115.032 degrees longitude. South Fork Running Creek from a lower point located at 45.845 degrees latitude, and −114.944 degrees longitude to an upper point located at 45.823 degrees latitude, and −114.965 degrees longitude. Tom Creek from a lower point located at 45.862 degrees latitude, and −114.986 degrees longitude to an upper point located at 45.913 degrees latitude, and −114.984 degrees longitude.
(M) Canyon Creek from a lower point located at 45.888 degrees latitude, and −114.613 degrees longitude to an upper point located at 45.882 degrees latitude, and −114.408 degrees longitude. White Cap Creek from a lower point located at 45.86 degrees latitude, and −114.744 degrees longitude to an upper point located at 45.91 degrees latitude, and −114.428 degrees longitude.
(N) Burnt Strip Creek from a lower point located at 45.817 degrees latitude, and −114.626 degrees longitude to an upper point located at 45.838 degrees latitude, and −114.588 degrees longitude. Indian Creek from a lower point located at 45.792 degrees latitude, and −114.764 degrees longitude to an upper point located at 45.785 degrees latitude, and −114.581 degrees longitude. Schofield Creek from a lower point located at 45.777 degrees latitude, and −114.645 degrees longitude to an upper point located at 45.819 degrees latitude, and −114.585 degrees longitude.
(O) Burnt Knob Creek from a lower point located at 45.715 degrees latitude, and −114.898 degrees longitude to an upper point located at 45.697 degrees latitude, and −114.945 degrees longitude. Flat Creek from a lower point located at 45.722 degrees latitude, and −114.857 degrees longitude to an upper point located at 45.651 degrees latitude, and −114.847 degrees longitude. Little Clearwater River from a lower point located at 45.754 degrees latitude, and −114.775 degrees longitude to an upper point located at 45.738 degrees latitude, and −114.945 degrees longitude. Salamander Creek from a lower point located at 45.711 degrees latitude, and −114.865 degrees longitude to an upper point located at 45.648 degrees latitude, and −114.879 degrees longitude.
(P) Magruder Creek from a lower point located at 45.745 degrees latitude, and −114.76 degrees longitude to an upper point located at 45.726 degrees latitude, and −114.771 degrees longitude.
(Q) Cayuse Creek from a lower point located at 45.706 degrees latitude, and −114.614 degrees longitude to an upper point located at 45.761 degrees latitude, and −114.551 degrees longitude. Deep Creek from a lower point located at 45.707 degrees latitude, and −114.719 degrees longitude to an upper point located at 45.719 degrees latitude, and −114.509 degrees longitude. Slow Gulch Creek from a lower point located at 45.694 degrees latitude, and −114.56 degrees longitude to an upper point located at 45.679 degrees latitude, and −114.545 degrees longitude. Vance Creek from a lower point located at 45.703 degrees latitude, and −114.579 degrees longitude to an upper point located at 45.695 degrees latitude, and −114.581 degrees longitude.
(R) French Creek from a lower point located at 45.597 degrees latitude, and −114.591 degrees longitude to an upper point located at 45.609 degrees latitude, and −114.561 degrees longitude. South Fork Surprise Creek from a lower point located at 45.527 degrees latitude, and −114.679 degrees longitude to an upper point located at 45.479 degrees latitude, and −114.664 degrees longitude. Storm Creek from a lower point located at 45.578 degrees latitude, and −114.64 degrees longitude to an upper point located at 45.636 degrees latitude, and −114.583 degrees longitude. Surprise Creek from a lower point located at 45.521 degrees latitude, and −114.701 degrees longitude to an upper point located at 45.538 degrees latitude, and −114.627 degrees longitude. Swet Creek from a lower point located at 45.58 degrees latitude, and −114.719 degrees longitude to an upper point located at 45.501 degrees latitude, and −114.801 degrees longitude. Wilkerson Creek from a lower point located at 45.612 degrees latitude, and −114.706 degrees longitude to an upper point located at 45.557 degrees latitude, and −114.585 degrees longitude.
Maps follow for Unit 15, Subunit i; Subunit ii (West portion); Subunits ii (East Portion) and iii; Subunit iv; Subunits v and vi; and Subunit vii.
(20) Unit 16—Salmon River Basin.
(i) Critical Habitat Subunit—Little-Lower Salmon.
(A) Salmon River from a lower point located at 45.857 degrees latitude, and -116.794 degrees longitude to an upper point located at 45.425 degrees latitude, and -116.03 degrees longitude.
(B) Deadhorse Creek from a lower point located at 45.613 degrees latitude, and -116.066 degrees longitude to an upper point located at 45.575 degrees latitude, and -116.144 degrees longitude. Little Slate Creek from a lower point located at 45.62 degrees latitude, and -116.066 degrees longitude to an upper point located at 45.523 degrees latitude, and -116.092 degrees longitude. Slate Creek from a lower point located at 45.64 degrees latitude, and -116.284 degrees longitude to an upper point located at 45.625 degrees latitude, and -116.054 degrees longitude. Van Buren Creek from a lower point located at 45.533 degrees latitude, and -116.082 degrees longitude to an upper point located at 45.536 degrees latitude, and -116.168 degrees longitude. Willow Creek from a lower point located at 45.638 degrees latitude, and -116.109 degrees longitude to an upper point located at 45.65 degrees latitude, and -116.088 degrees longitude.
(C) East Fork John Day Creek from a lower point located at 45.573 degrees latitude, and -116.229 degrees longitude to an upper point located at 45.577 degrees latitude, and -116.153 degrees longitude. John Day Creek from a lower point located at 45.586 degrees latitude, and -116.295 degrees longitude to an upper point located at 45.521 degrees latitude, and -116.195 degrees longitude.
(D) Little Salmon River from a lower point located at 45.417 degrees latitude, and -116.313 degrees longitude to an upper point located at 45.138 degrees latitude, and -116.282 degrees longitude.
(E) Granite Fork Lake Fork Rapid River from a lower point located at 45.187 degrees latitude, and -116.517 degrees longitude to an upper point located at 45.151 degrees latitude, and -116.552 degrees longitude. Lake Fork Rapid River from a lower point located at 45.187 degrees latitude, and -116.482 degrees longitude to an upper point located at 45.19 degrees latitude, and -116.557 degrees longitude. Rapid River from a lower point located at 45.375 degrees latitude, and -116.355 degrees longitude to an upper point located at 45.114 degrees latitude, and -116.506 degrees longitude. West Fork Rapid River from a lower point located at 45.307 degrees latitude, and -116.419 degrees longitude to an upper point located at 45.23 degrees latitude, and -116.537 degrees longitude.
(F) Boulder Creek from a lower point located at 45.204 degrees latitude, and -116.31 degrees longitude to an upper point located at 45.129 degrees latitude, and -116.475 degrees longitude. Yellow Jacket Creek from a lower point located at 45.137 degrees latitude, and -116.412 degrees longitude to an upper point located at 45.146 degrees latitude, and -116.444 degrees longitude.
(G) Hard Creek from a lower point located at 45.183 degrees latitude, and -116.283 degrees longitude to an upper point located at 45.125 degrees latitude, and -116.239 degrees longitude. Hazard Creek from a lower point located at 45.184 degrees latitude, and -116.3 degrees longitude to an upper point located at 45.222 degrees latitude, and -116.139 degrees longitude.
(H) Lake Creek from a lower point located at 45.4 degrees latitude, and -116.212 degrees longitude to an upper point located at 45.294 degrees latitude, and -116.219 degrees longitude.
(I) Partridge Creek from a lower point located at 45.408 degrees latitude, and -116.126 degrees longitude to an upper point located at 45.288 degrees latitude, and -116.217 degrees longitude.
(J) Elkhorn Creek from a lower point located at 45.404 degrees latitude, and -116.094 degrees longitude to an upper point located at 45.27 degrees latitude, and -116.121 degrees longitude.
(K) French Creek from a lower point located at 45.425 degrees latitude, and -116.03 degrees longitude to an upper point located at 45.158 degrees latitude, and -116.084 degrees longitude. North Creek from a lower point located at 45.286 degrees latitude, and -116.044 degrees longitude to an upper point located at 45.259 degrees latitude, and -115.988 degrees longitude.
(ii) Critical Habitat Subunit—Middle Salmon—Chamberlain.
(A) Salmon River from a lower point located at 45.425 degrees latitude, and -116.03 degrees longitude to an upper point located at 45.454 degrees latitude, and -114.931 degrees longitude.
(B) East Fork Fall Creek from a lower point located at 45.415 degrees latitude, and -115.976 degrees longitude to an upper point located at 45.36 degrees latitude, and -115.963 degrees longitude. Fall Creek from a lower point located at 45.433 degrees latitude, and -115.983 degrees longitude to an upper point located at 45.331 degrees latitude, and -115.995 degrees longitude.
(C) Wind River from a lower point located at 45.455 degrees latitude, and -115.941 degrees longitude to an upper point located at 45.605 degrees latitude, and -115.917 degrees longitude.
(D) Sheep Creek from a lower point located at 45.468 degrees latitude, and -115.81 degrees longitude to an upper point located at 45.614 degrees latitude, and -115.696 degrees longitude.
(E) California Creek from a lower point located at 45.448 degrees latitude, and -115.759 degrees longitude to an upper point located at 45.341 degrees latitude, and -115.85 degrees longitude.
(F) Crooked Creek from a lower point located at 45.434 degrees latitude, and -115.666 degrees longitude to an upper point located at 45.612 degrees latitude, and -115.438 degrees longitude. Lake Creek from a lower point located at 45.514 degrees latitude, and -115.574 degrees longitude to an upper point located at 45.616 degrees latitude, and -115.686 degrees longitude.
(G) Guard Creek from a lower point located at 45.293 degrees latitude, and -115.695 degrees longitude to an upper point located at 45.309 degrees latitude, and -115.658 degrees longitude. Mayflower Creek from a lower point located at 45.248 degrees latitude, and -115.653 degrees longitude to an upper point located at 45.259 degrees latitude, and -115.601 degrees longitude. Schissler Creek from a lower point located at 45.328 degrees latitude, and -115.707 degrees longitude to an upper point located at 45.321 degrees latitude, and -115.779 degrees longitude. Slaughter Creek from a lower point located at 45.261 degrees latitude, and -115.672 degrees longitude to an upper point located at 45.297 degrees latitude, and -115.609 degrees longitude. Warren Creek from a lower point located at 45.397 degrees latitude, and -115.592 degrees longitude to an upper point located at 45.22 degrees latitude, and -115.677 degrees longitude. Webfoot Creek from a lower point located at 45.237 degrees latitude, and -115.675 degrees longitude to an upper point located at 45.217 degrees latitude, and -115.695 degrees longitude.
(H) Rhett Creek from a lower point located at 45.472 degrees latitude, and -115.393 degrees longitude to an upper point located at 45.476 degrees latitude, and -115.407 degrees longitude.
(I) Little Mallard Creek from a lower point located at 45.529 degrees latitude, and −115.303 degrees longitude to an upper point located at 45.533 degrees latitude, and −115.311 degrees longitude.
(J) Big Mallard Creek from a lower point located at 45.537 degrees latitude, and −115.269 degrees longitude to an upper point located at 45.543 degrees latitude, and −115.279 degrees longitude.
(K) Bargamin Creek from a lower point located at 45.567 degrees latitude, and −115.191 degrees longitude to an upper point located at 45.771 degrees latitude, and −114.934 degrees longitude.
(L) Sabe Creek from a lower point located at 45.507 degrees latitude, and −115.024 degrees longitude to an upper point located at 45.681 degrees latitude, and −114.948 degrees longitude.
(M) Big Harrington Creek from a lower point located at 45.473 degrees latitude, and −114.963 degrees longitude to an upper point located at 45.518 degrees latitude, and −114.823 degrees longitude.
(N) Chamberlain Creek from a lower point located at 45.454 degrees latitude, and −114.931 degrees longitude to an upper point located at 45.336 degrees latitude, and −115.329 degrees longitude. Game Creek from a lower point located at 45.398 degrees latitude, and −115.192 degrees longitude to an upper point located at 45.404 degrees latitude, and −115.274 degrees longitude. McCalla Creek from a lower point located at 45.414 degrees latitude, and −114.981 degrees longitude to an upper point located at 45.255 degrees latitude, and −115.127 degrees longitude. Moose Creek from a lower point located at 45.356 degrees latitude, and −115.249 degrees longitude to an upper point located at 45.283 degrees latitude, and −115.292 degrees longitude. Rim Creek from a lower point located at 45.336 degrees latitude, and −115.329 degrees longitude to an upper point located at 45.281 degrees latitude, and −115.382 degrees longitude. South Fork Chamberlain Creek from a lower point located at 45.336 degrees latitude, and −115.329 degrees longitude to an upper point located at 45.282 degrees latitude, and −115.351 degrees longitude. West Fork Chamberlain Creek from a lower point located at 45.383 degrees latitude, and −115.166 degrees longitude to an upper point located at 45.463 degrees latitude, and −115.184 degrees longitude. Whimstick Creek from a lower point located at 45.378 degrees latitude, and −114.999 degrees longitude to an upper point located at 45.241 degrees latitude, and −115.053 degrees longitude.
(iii) Critical Habitat Subunit—South Fork Salmon River.
(A) South Fork Salmon River from a lower point located at 45.378 degrees latitude, and −115.512 degrees longitude to an upper point located at 44.494 degrees latitude, and −115.735 degrees longitude.
(B) Pony Creek from a lower point located at 45.187 degrees latitude, and −115.562 degrees longitude to an upper point located at 45.179 degrees latitude, and −115.703 degrees longitude.
(C) Elk Creek from a lower point located at 45.156 degrees latitude, and −115.585 degrees longitude to an upper point located at 45.157 degrees latitude, and −115.431 degrees longitude. South Fork Elk Creek from a lower point located at 45.095 degrees latitude, and −115.513 degrees longitude to an upper point located at 45.069 degrees latitude, and −115.482 degrees longitude. West Fork Elk Creek from a lower point located at 45.147 degrees latitude, and −115.511 degrees longitude to an upper point located at 45.061 degrees latitude, and −115.519 degrees longitude.
(D) Flat Creek from a lower point located at 45.271 degrees latitude, and −115.836 degrees longitude to an upper point located at 45.302 degrees latitude, and −115.879 degrees longitude. Grouse Creek from a lower point located at 45.265 degrees latitude, and −115.83 degrees longitude to an upper point located at 45.317 degrees latitude, and −115.816 degrees longitude. Hum Creek from a lower point located at 45.049 degrees latitude, and −115.897 degrees longitude to an upper point located at 45.07 degrees latitude, and −115.903 degrees longitude. Josephine Creek from a lower point located at 45.224 degrees latitude, and −115.929 degrees longitude to an upper point located at 45.225 degrees latitude, and −115.97 degrees longitude. Lake Creek from a lower point located at 45.256 degrees latitude, and −115.896 degrees longitude to an upper point located at 45.374 degrees latitude, and −115.867 degrees longitude. Lick Creek from a lower point located at 45.062 degrees latitude, and −115.761 degrees longitude to an upper point located at 45.058 degrees latitude, and −115.932 degrees longitude. Loon Creek from a lower point located at 45.17 degrees latitude, and −115.808 degrees longitude to an upper point located at 45.082 degrees latitude, and −115.916 degrees longitude. Nethker Creek from a lower point located at 45.265 degrees latitude, and −115.905 degrees longitude to an upper point located at 45.25 degrees latitude, and −115.971 degrees longitude. Ruby Creek from a lower point located at 45.258 degrees latitude, and −115.878 degrees longitude to an upper point located at 45.19 degrees latitude, and −115.914 degrees longitude. Sand Creek from a lower point located at 45.307 degrees latitude, and −115.82 degrees longitude to an upper point located at 45.327 degrees latitude, and −115.862 degrees longitude. Secesh River from a lower point located at 45.025 degrees latitude, and −115.706 degrees longitude to an upper point located at 45.256 degrees latitude, and −115.896 degrees longitude. Summit Creek from a lower point located at 45.256 degrees latitude, and −115.896 degrees longitude to an upper point located at 45.172 degrees latitude, and −115.915 degrees longitude. Threemile Creek from a lower point located at 45.299 degrees latitude, and −115.929 degrees longitude to an upper point located at 45.334 degrees latitude, and −115.891 degrees longitude. Victor Creek from a lower point located at 45.183 degrees latitude, and −115.821 degrees longitude to an upper point located at 45.147 degrees latitude, and −115.936 degrees longitude. Willow Basket Creek from a lower point located at 45.186 degrees latitude, and −115.831 degrees longitude to an upper point located at 45.192 degrees latitude, and −115.894 degrees longitude. Willow Creek from a lower point located at 45.331 degrees latitude, and −115.949 degrees longitude to an upper point located at 45.356 degrees latitude, and −115.857 degrees longitude.
(E) Bum Creek from a lower point located at 44.995 degrees latitude, and −115.318 degrees longitude to an upper point located at 45.036 degrees latitude, and −115.286 degrees longitude. Cane Creek from a lower point located at 44.953 degrees latitude, and −115.291 degrees longitude to an upper point located at 44.978 degrees latitude, and −115.261 degrees longitude. Cinnabar Creek from a lower point located at 44.952 degrees latitude, and −115.293 degrees longitude to an upper point located at 44.912 degrees latitude, and −115.266 degrees longitude. East Fork South Fork Salmon River from a lower point located at 45.015 degrees latitude, and −115.713 degrees longitude to an upper point located at 44.886 degrees latitude, and −115.256 degrees longitude. Meadow Creek from a lower point located at 44.902 degrees latitude, and −115.327 degrees longitude to an upper point located at 44.864 degrees latitude, and −115.372 degrees longitude. Missouri Creek from a lower point located at 45.007 degrees latitude, and −115.394 degrees longitude to an upper point located at 45.028 degrees latitude, and −115.351 degrees longitude. Profile Creek from a lower point located at 44.958 degrees latitude, and −115.428 degrees longitude to an upper point located at 45.053 degrees latitude, and −115.416 degrees longitude. Quartz Creek from a lower point located at 44.97 degrees latitude, and −115.477 degrees longitude to an upper point located at 45.048 degrees latitude, and −115.496 degrees
(F) Buck Creek from a lower point located at 44.792 degrees latitude, and -115.518 degrees longitude to an upper point located at 44.751 degrees latitude, and -115.479 degrees longitude. Burntlog Creek from a lower point located at 44.803 degrees latitude, and -115.518 degrees longitude to an upper point located at 44.718 degrees latitude, and -115.419 degrees longitude. East Fork Burntlog Creek from a lower point located at 44.737 degrees latitude, and -115.501 degrees longitude to an upper point located at 44.73 degrees latitude, and -115.426 degrees longitude. Johnson Creek from a lower point located at 44.963 degrees latitude, and -115.501 degrees longitude to an upper point located at 44.55 degrees latitude, and -115.59 degrees longitude. Riordan Creek from a lower point located at 44.907 degrees latitude, and -115.485 degrees longitude to an upper point located at 44.808 degrees latitude, and -115.392 degrees longitude. Riordan Lake centered at 44.85 degrees latitude, and -115.438 degrees longitude. Trapper Creek from a lower point located at 44.832 degrees latitude, and -115.513 degrees longitude to an upper point located at 44.774 degrees latitude, and -115.404 degrees longitude. Unnamed creek off East Fork Burntlog Creek from a lower point located at 44.74 degrees latitude, and -115.458 degrees longitude to an upper point located at 44.764 degrees latitude, and -115.44 degrees longitude. Unnamed creek off Trapper Creek from a lower point located at 44.793 degrees latitude, and -115.464 degrees longitude to an upper point located at 44.772 degrees latitude, and -115.433 degrees longitude.
(G) Bear Creek from a lower point located at 44.623 degrees latitude, and -115.69 degrees longitude to an upper point located at 44.607 degrees latitude, and -115.6 degrees longitude. Blackmare Creek from a lower point located at 44.823 degrees latitude, and -115.703 degrees longitude to an upper point located at 44.809 degrees latitude, and -115.795 degrees longitude. Buckhorn Creek from a lower point located at 44.922 degrees latitude, and -115.736 degrees longitude to an upper point located at 44.853 degrees latitude, and -115.886 degrees longitude. Cabin Creek from a lower point located at 44.667 degrees latitude, and -115.685 degrees longitude to an upper point located at 44.703 degrees latitude, and -115.647 degrees longitude. Cougar Creek from a lower point located at 44.889 degrees latitude, and -115.716 degrees longitude to an upper point located at 44.81 degrees latitude, and -115.804 degrees longitude. Curtis Creek from a lower point located at 44.652 degrees latitude, and -115.703 degrees longitude to an upper point located at 44.562 degrees latitude, and -115.759 degrees longitude. Fitsum Creek from a lower point located at 44.999 degrees latitude, and -115.722 degrees longitude to an upper point located at 45 degrees latitude, and -115.762 degrees longitude. Fourmile Creek from a lower point located at 44.857 degrees latitude, and -115.695 degrees longitude to an upper point located at 44.798 degrees latitude, and -115.621 degrees longitude. Little Buckhorn Creek from a lower point located at 44.914 degrees latitude, and -115.75 degrees longitude to an upper point located at 44.865 degrees latitude, and -115.8 degrees longitude. Lodgepole Creek from a lower point located at 44.593 degrees latitude, and -115.686 degrees longitude to an upper point located at 44.576 degrees latitude, and -115.61 degrees longitude. Mormon Creek from a lower point located at 44.524 degrees latitude, and -115.695 degrees longitude to an upper point located at 44.499 degrees latitude, and -115.654 degrees longitude. North Fork Fitsum Creek from a lower point located at 44.999 degrees latitude, and -115.759 degrees longitude to an upper point located at 44.986 degrees latitude, and -115.883 degrees longitude. Reeves Creek from a lower point located at 44.668 degrees latitude, and -115.666 degrees longitude to an upper point located at 44.686 degrees latitude, and -115.618 degrees longitude. Rice Creek from a lower point located at 44.575 degrees latitude, and -115.685 degrees longitude to an upper point located at 44.51 degrees latitude, and -115.644 degrees longitude. Six-Bit Creek from a lower point located at 44.686 degrees latitude, and -115.706 degrees longitude to an upper point located at 44.646 degrees latitude, and -115.808 degrees longitude. South Fork Blackmare Creek from a lower point located at 44.809 degrees latitude, and -115.747 degrees longitude to an upper point located at 44.77 degrees latitude, and -115.803 degrees longitude. South Fork Buckhorn Creek from a lower point located at 44.89 degrees latitude, and -115.823 degrees longitude to an upper point located at 44.84 degrees latitude, and -115.823 degrees longitude. Trail Creek from a lower point located at 44.635 degrees latitude, and -115.717 degrees longitude to an upper point located at 44.628 degrees latitude, and -115.79 degrees longitude. Tyndall Creek from a lower point located at 44.58 degrees latitude, and -115.684 degrees longitude to an upper point located at 44.562 degrees latitude, and -115.748 degrees longitude. Unnamed creek off Rice Creek from a lower point located at 44.551 degrees latitude, and -115.655 degrees longitude to an upper point located at 44.561 degrees latitude, and -115.643 degrees longitude. Unnamed creek off South Fork Salmon River from a lower point located at 44.556 degrees latitude, and -115.682 degrees longitude to an upper point located at 44.552 degrees latitude, and -115.706 degrees longitude. Unnamed creek off Trail Creek from a lower point located at 44.626 degrees latitude, and -115.745 degrees longitude to an upper point located at 44.599 degrees latitude, and -115.802 degrees longitude. Unnamed creek 1 off Curtis Creek from a lower point located at 44.61 degrees latitude, and -115.745 degrees longitude to an upper point located at 44.586 degrees latitude, and -115.803 degrees longitude. Unnamed creek 2 off Curtis Creek from a lower point located at 44.595 degrees latitude, and -115.752 degrees longitude to an upper point located at 44.568 degrees latitude, and -115.793 degrees longitude. Warm Lake centered at 44.645 degrees latitude, and -115.669 degrees longitude. Warm Lake Creek from a lower point located at 44.666 degrees latitude, and -115.698 degrees longitude to an upper point located at 44.653 degrees latitude, and -115.661 degrees longitude.
(iv) Critical Habitat Subunit—Middle Fork Salmon River.
(A) Middle Fork Salmon River from a lower point located at 45.297 degrees latitude, and -114.591 degrees longitude to an upper point located at 44.449 degrees latitude, and -115.23 degrees longitude.
(B) Beaver Creek from a lower point located at 45.163 degrees latitude, and -115.242 degrees longitude to an upper point located at 45.242 degrees latitude, and -115.314 degrees longitude. Belvidere Creek from a lower point located at 45.07 degrees latitude, and -115.364 degrees longitude to an upper point located at 45.041 degrees latitude, and -115.386 degrees longitude. Big
(C) Wilson Creek from a lower point located at 45.033 degrees latitude, and −114.723 degrees longitude to an upper point located at 45.143 degrees latitude, and −114.589 degrees longitude.
(D) Soldier Creek from a lower point located at 45.029 degrees latitude, and −114.726 degrees longitude to an upper point located at 45.007 degrees latitude, and −114.881 degrees longitude.
(E) Brush Creek from a lower point located at 44.955 degrees latitude, and −114.733 degrees longitude to an upper point located at 44.965 degrees latitude, and −114.859 degrees longitude.
(F) Sheep Creek from a lower point located at 44.943 degrees latitude, and −114.726 degrees longitude to an upper point located at 44.915 degrees latitude, and −114.903 degrees longitude.
(G) Arrastra Creek from a lower point located at 44.868 degrees latitude, and −114.425 degrees longitude to an upper point located at 44.841 degrees latitude, and −114.35 degrees longitude. Birdseye Creek from a lower point located at 44.927 degrees latitude, and −114.384 degrees longitude to an upper point located at 44.938 degrees latitude, and −114.456 degrees longitude. Blue Fork Silver Creek from a lower point located at 44.883 degrees latitude, and −114.354 degrees longitude to an upper point located at 44.854 degrees latitude, and −114.359 degrees longitude. Camas Creek from a lower point located at 44.892 degrees latitude, and −114.722 degrees longitude to an upper point located at 44.708 degrees latitude, and −114.387 degrees longitude. Castle Creek from a lower point located at 44.801 degrees latitude, and −114.471 degrees longitude to an upper point located at 44.826 degrees latitude, and −114.312 degrees longitude. Fly Creek from a lower point located at 44.705 degrees latitude, and −114.496 degrees longitude to an upper point located at 44.67 degrees latitude, and −114.55 degrees longitude. Furnace Creek from a lower point located at 44.767 degrees latitude, and −114.486 degrees longitude to an upper point located at 44.789 degrees latitude, and −114.343 degrees longitude. Hoodoo Creek from a lower point located at 44.953 degrees latitude, and −114.581 degrees longitude to an upper point located at 45.06 degrees latitude, and −114.552 degrees longitude. J Fell Creek from a lower point located at 44.684 degrees latitude, and −114.458 degrees longitude to an upper point located at 44.615 degrees latitude, and −114.461 degrees longitude. Lake Creek from a lower point located at 44.948 degrees latitude, and −114.591 degrees longitude to an upper point located at 44.981 degrees latitude, and −114.645 degrees longitude. Little Jacket Creek from a lower point located at 44.953 degrees latitude, and −114.566 degrees longitude to an upper point located at 44.926 degrees latitude, and −114.478 degrees longitude. Pole Creek from a lower point located at 44.794 degrees latitude, and −114.594 degrees longitude to an upper point located at 44.763 degrees latitude, and −114.674 degrees longitude. Shovel Creek from a lower point located at 45 degrees latitude, and −114.478 degrees longitude to an upper point located at 45.034 degrees latitude, and −114.443 degrees longitude. Silver Creek from a lower point located at 44.83 degrees latitude, and −114.501 degrees longitude to an upper point located at 44.852 degrees latitude, and −114.343 degrees longitude. South Fork Camas Creek from a lower point located at 44.721 degrees latitude, and −114.498 degrees longitude to an upper point located at 44.73 degrees latitude, and −114.64 degrees longitude. West Fork Camas Creek from a lower point located at 44.831 degrees latitude, and −114.504 degrees longitude to an upper point located at 44.819 degrees latitude, and −114.654 degrees longitude. White Goat Creek from a lower point located at 44.741 degrees latitude, and −114.488 degrees longitude to an upper point located at 44.726 degrees latitude, and −114.415 degrees longitude. Woodtick Creek from a lower point located at 44.884 degrees latitude, and −114.625 degrees longitude to an upper point located at 44.809 degrees latitude, and −114.679 degrees longitude. Yellowjacket Creek from a lower point located at 44.892 degrees latitude, and −114.644 degrees longitude to an upper point located at 45.103 degrees latitude, and −114.535 degrees longitude.
(H) Norton Creek from a lower point located at 44.827 degrees latitude, and −114.794 degrees longitude to an upper point located at 44.89 degrees latitude, and −114.901 degrees longitude.
(I) Bear Creek from a lower point located at 44.742 degrees latitude, and −114.817 degrees longitude to an upper point located at 44.735 degrees latitude, and −114.861 degrees longitude. Cabin Creek from a lower point located at 44.691 degrees latitude, and −114.753 degrees longitude to an upper point located at 44.76 degrees latitude, and −114.692 degrees longitude. Cache Creek from a lower point located at 44.801 degrees latitude, and −114.805 degrees longitude to an upper point located at 44.776 degrees latitude, and −114.687 degrees longitude. Canyon Creek from a lower point located at 44.568 degrees latitude, and −114.846 degrees longitude to an upper point located at 44.59 degrees latitude, and −114.871 degrees longitude. Cat Creek from a lower point located at 44.652 degrees latitude, and −114.628 degrees longitude to an upper point located at 44.633 degrees latitude, and −114.648 degrees longitude. Cold Spring Creek from a lower point located at 44.718 degrees latitude, and −114.799 degrees longitude to an upper point located at 44.682 degrees latitude, and −114.84 degrees longitude. Cottonwood Creek from a lower point located at 44.623 degrees latitude, and −114.76 degrees longitude to an upper point located at 44.593 degrees latitude, and −114.679 degrees longitude. Deer Creek from a lower point located at 44.548 degrees latitude, and −114.854 degrees longitude to an upper point located at 44.568 degrees latitude, and −114.881 degrees longitude. East Fork Mayfield Creek from a lower point located at 44.539 degrees latitude, and −114.797 degrees longitude to an upper point located at 44.48 degrees latitude, and −114.713 degrees longitude. Fir Creek from a lower point located at 44.656 degrees latitude, and −114.697 degrees longitude to an upper point located at 44.64 degrees latitude, and −114.685 degrees longitude. Indian Creek from a lower point located at 44.692 degrees latitude, and −114.754 degrees longitude to an upper point located at 44.672 degrees latitude, and −114.839 degrees longitude. Jack Creek from a lower point located at 44.696 degrees latitude, and −114.76 degrees longitude to an upper point located at 44.689 degrees latitude, and −114.792 degrees longitude. Loon Creek from a lower point located at 44.808 degrees latitude, and −114.811 degrees longitude to an upper point located at 44.444 degrees latitude, and −114.941 degrees longitude. Mahoney Creek from a lower point located at 44.638 degrees latitude, and −114.609 degrees longitude to an upper point located at 44.662 degrees latitude, and −114.567 degrees longitude. Mayfield Creek from a lower point located at 44.552 degrees latitude, and −114.849 degrees longitude to an upper point located at 44.539 degrees latitude, and −114.797 degrees longitude. McKee Creek from a lower point located at 44.591 degrees latitude, and −114.609 degrees longitude to an upper point located at 44.578 degrees latitude, and −114.649 degrees longitude. Nelson Creek from a lower point located at 44.54 degrees latitude, and −114.803 degrees longitude to an upper point located at 44.499 degrees latitude, and −114.804 degrees longitude. Parker Creek from a lower point located at 44.623 degrees latitude, and −114.596 degrees longitude to an upper point located at 44.637 degrees latitude, and −114.564 degrees longitude. Pioneer Creek from a lower point located at 44.522 degrees latitude, and −114.864 degrees longitude to an upper point located at 44.441 degrees latitude, and −114.894 degrees longitude. Rat Creek from a lower point located at 44.588 degrees latitude, and −114.825 degrees longitude to an upper point located at 44.577 degrees latitude, and −114.8 degrees longitude. Rock Creek from a lower point located at 44.674 degrees latitude, and −114.74 degrees longitude to an upper point located at 44.754 degrees latitude, and −114.67 degrees longitude. Rush Creek from a lower point located at 44.578 degrees latitude, and −114.613 degrees longitude to an upper point located at 44.555 degrees latitude, and −114.641 degrees longitude. Shell Creek from a lower point located at 44.613 degrees latitude, and −114.788 degrees longitude to an upper point located at 44.632 degrees latitude, and −114.813 degrees longitude. South Fork Cottonwood Creek from a lower point located at 44.621 degrees latitude, and −114.759 degrees longitude to an upper point located at 44.584 degrees latitude, and −114.765 degrees longitude. South Fork Warm Spring Creek from a lower point located at 44.578 degrees latitude, and −114.551 degrees longitude to an upper point located at 44.568 degrees latitude, and −114.542 degrees longitude. Trail Creek from a lower point located at 44.543 degrees latitude, and −114.858 degrees longitude to an upper point located at 44.506 degrees latitude, and −114.959 degrees longitude. Trapper Creek from a lower point located at 44.597 degrees latitude, and −114.602 degrees longitude to an upper point located at 44.544 degrees latitude, and −114.6 degrees longitude. Warm Spring Creek from a lower point located at 44.653 degrees latitude, and −114.736 degrees longitude to an upper point located at 44.609 degrees latitude, and −114.481 degrees longitude. West Fork Mayfield Creek from a lower point located at 44.539 degrees latitude, and −114.797 degrees longitude to an upper point located at 44.465 degrees latitude, and −114.731 degrees longitude. Wickiup Creek from a lower point located at 44.607 degrees latitude, and −114.597 degrees longitude to an upper point located at 44.598 degrees latitude, and −114.658 degrees longitude.
(J) Little Loon Creek from a lower point located at 44.731 degrees latitude, and −114.94 degrees longitude to an upper point located at 44.615 degrees latitude, and −114.963 degrees longitude. West Fork Little Loon Creek from a lower point located at 44.71 degrees latitude, and −114.934 degrees longitude to an upper point located at 44.666 degrees latitude, and −114.976 degrees longitude.
(K) Little Creek from a lower point located at 44.724 degrees latitude, and −114.997 degrees longitude to an upper point located at 44.695 degrees latitude, and −114.98 degrees longitude.
(L) East Fork Thomas Creek from a lower point located at 44.705 degrees latitude, and −115.027 degrees longitude to an upper point located at 44.668 degrees latitude, and −115.042 degrees longitude. Thomas Creek from a lower point located at 44.715 degrees latitude, and −115.011 degrees longitude to an upper point located at 44.705 degrees latitude, and −115.027 degrees longitude. West Fork Thomas Creek from a lower point located at 44.705 degrees latitude, and −115.027 degrees longitude to an upper point located at 44.682 degrees latitude, and −115.054 degrees longitude.
(M) Big Cottonwood Creek from a lower point located at 44.912 degrees latitude, and −115.082 degrees longitude to an upper point located at 44.879 degrees latitude, and −115.206 degrees longitude. Buck Creek from a lower point located at 44.896 degrees latitude, and −115.064 degrees longitude to an upper point located at 44.929 degrees latitude, and −115.002 degrees longitude. Dynamite Creek from a lower point located at 44.876 degrees latitude, and −115.057 degrees longitude to an upper point located at 44.871 degrees latitude, and −115.207 degrees longitude. Little Cottonwood Creek from a lower point located at 44.907 degrees latitude, and −115.073 degrees longitude to an upper point located at 44.942 degrees latitude, and −115.019 degrees longitude. Marble Creek from a lower point located at 44.743 degrees latitude, and −115.016 degrees longitude to an upper point
(N) Big Chief Creek from a lower point located at 44.838 degrees latitude, and −115.297 degrees longitude to an upper point located at 44.817 degrees latitude, and −115.368 degrees longitude. Cultus Creek from a lower point located at 44.813 degrees latitude, and −115.175 degrees longitude to an upper point located at 44.781 degrees latitude, and −115.21 degrees longitude. Indian Creek from a lower point located at 44.77 degrees latitude, and −115.089 degrees longitude to an upper point located at 44.799 degrees latitude, and −115.389 degrees longitude. Little Indian Creek from a lower point located at 44.842 degrees latitude, and −115.256 degrees longitude to an upper point located at 44.871 degrees latitude, and −115.218 degrees longitude. Middle Fork Indian Creek from a lower point located at 44.797 degrees latitude, and −115.133 degrees longitude to an upper point located at 44.856 degrees latitude, and −115.103 degrees longitude. Papoose Creek from a lower point located at 44.837 degrees latitude, and −115.245 degrees longitude to an upper point located at 44.796 degrees latitude, and −115.277 degrees longitude.
(O) Browning Creek from a lower point located at 44.759 degrees latitude, and −115.363 degrees longitude to an upper point located at 44.738 degrees latitude, and −115.406 degrees longitude. Forty-Five Creek from a lower point located at 44.718 degrees latitude, and −115.232 degrees longitude to an upper point located at 44.665 degrees latitude, and −115.308 degrees longitude. Little Pistol Creek from a lower point located at 44.721 degrees latitude, and −115.203 degrees longitude to an upper point located at 44.721 degrees latitude, and −115.404 degrees longitude. Luger Creek from a lower point located at 44.686 degrees latitude, and −115.357 degrees longitude to an upper point located at 44.618 degrees latitude, and −115.395 degrees longitude. Pistol Creek from a lower point located at 44.724 degrees latitude, and −115.149 degrees longitude to an upper point located at 44.644 degrees latitude, and −115.442 degrees longitude. Springfield Creek from a lower point located at 44.764 degrees latitude, and −115.312 degrees longitude to an upper point located at 44.789 degrees latitude, and −115.297 degrees longitude. Thirty-Eight Creek from a lower point located at 44.673 degrees latitude, and −115.395 degrees longitude to an upper point located at 44.713 degrees latitude, and −115.412 degrees longitude. West Fork Springfield Creek from a lower point located at 44.786 degrees latitude, and −115.32 degrees longitude to an upper point located at 44.78 degrees latitude, and −115.383 degrees longitude.
(P) Baldwin Creek from a lower point located at 44.541 degrees latitude, and −115.067 degrees longitude to an upper point located at 44.5 degrees latitude, and −115.105 degrees longitude. Duffield Creek from a lower point located at 44.551 degrees latitude, and −115.007 degrees longitude to an upper point located at 44.571 degrees latitude, and −114.93 degrees longitude. Float Creek from a lower point located at 44.571 degrees latitude, and −115.071 degrees longitude to an upper point located at 44.523 degrees latitude, and −115.178 degrees longitude. North Fork Sheep Creek from a lower point located at 44.649 degrees latitude, and −115.017 degrees longitude to an upper point located at 44.648 degrees latitude, and −114.963 degrees longitude. Rapid River from a lower point located at 44.68 degrees latitude, and −115.152 degrees longitude to an upper point located at 44.551 degrees latitude, and −115.007 degrees longitude. Seafoam Creek from a lower point located at 44.542 degrees latitude, and −115.064 degrees longitude to an upper point located at 44.518 degrees latitude, and −115.118 degrees longitude. Sheep Creek from a lower point located at 44.647 degrees latitude, and −115.057 degrees longitude to an upper point located at 44.649 degrees latitude, and −115.017 degrees longitude. South Fork Sheep Creek from a lower point located at 44.649 degrees latitude, and −115.017 degrees longitude to an upper point located at 44.604 degrees latitude, and −115.006 degrees longitude. Sulphur Creek from a lower point located at 44.586 degrees latitude, and −115.072 degrees longitude to an upper point located at 44.562 degrees latitude, and −115.161 degrees longitude. Vanity Creek from a lower point located at 44.553 degrees latitude, and −115.061 degrees longitude to an upper point located at 44.481 degrees latitude, and −115.076 degrees longitude.
(Q) Greyhound Creek from a lower point located at 44.648 degrees latitude, and −115.167 degrees longitude to an upper point located at 44.588 degrees latitude, and −115.154 degrees longitude.
(R) Soldier Creek from a lower point located at 44.626 degrees latitude, and −115.212 degrees longitude to an upper point located at 44.528 degrees latitude, and −115.201 degrees longitude.
(S) Elkhorn Creek from a lower point located at 44.615 degrees latitude, and −115.256 degrees longitude to an upper point located at 44.582 degrees latitude, and −115.369 degrees longitude. Middle Fork Elkhorn Creek from a lower point located at 44.62 degrees latitude, and −115.29 degrees longitude to an upper point located at 44.628 degrees latitude, and −115.368 degrees longitude. North Fork Elkhorn Creek from a lower point located at 44.625 degrees latitude, and −115.276 degrees longitude to an upper point located at 44.639 degrees latitude, and −115.362 degrees longitude.
(T) North Fork Sulphur Creek from a lower point located at 44.554 degrees latitude, and −115.439 degrees longitude to an upper point located at 44.597 degrees latitude, and −115.465 degrees longitude. Sulphur Creek from a lower point located at 44.555 degrees latitude, and −115.297 degrees longitude to an upper point located at 44.51 degrees latitude, and −115.518 degrees longitude.
(U) Dagger Creek from a lower point located at 44.523 degrees latitude, and −115.281 degrees longitude to an upper point located at 44.457 degrees latitude, and −115.373 degrees longitude.
(V) Banner Creek from a lower point located at 44.356 degrees latitude, and −115.208 degrees longitude to an upper point located at 44.291 degrees latitude, and −115.187 degrees longitude. Bear Creek from a lower point located at 44.439 degrees latitude, and −115.1 degrees longitude to an upper point located at 44.49 degrees latitude, and −115.098 degrees longitude. Beaver Creek from a lower point located at 44.406 degrees latitude, and −115.17 degrees longitude to an upper point located at 44.472 degrees latitude, and −114.953 degrees longitude. Cape Horn Creek from a lower point located at 44.395 degrees latitude, and −115.168 degrees longitude to an upper point located at 44.333 degrees latitude, and −115.287 degrees longitude. Knapp Creek from a lower point located at 44.365 degrees latitude, and −115.131 degrees longitude to an upper point located at 44.424 degrees latitude, and −114.915 degrees longitude. Lola Creek from a lower point located at 44.408 degrees latitude, and −115.174 degrees longitude to an upper point located at 44.391 degrees latitude, and −115.239 degrees longitude. Marsh Creek from a lower point located at 44.449 degrees latitude, and −115.23 degrees longitude to an upper point located at 44.329 degrees latitude, and −115.091 degrees longitude. Winnemucca Creek from a
(W) Bear Valley Creek from a lower point located at 44.449 degrees latitude, and -115.23 degrees longitude to an upper point located at 44.236 degrees latitude, and -115.499 degrees longitude. Bearskin Creek from a lower point located at 44.415 degrees latitude, and -115.466 degrees longitude to an upper point located at 44.331 degrees latitude, and -115.528 degrees longitude. Cache Creek from a lower point located at 44.346 degrees latitude, and -115.419 degrees longitude to an upper point located at 44.263 degrees latitude, and -115.402 degrees longitude. Casner Creek from a lower point located at 44.295 degrees latitude, and -115.484 degrees longitude to an upper point located at 44.281 degrees latitude, and -115.451 degrees longitude. Cold Creek from a lower point located at 44.425 degrees latitude, and -115.311 degrees longitude to an upper point located at 44.371 degrees latitude, and -115.317 degrees longitude. Cook Creek from a lower point located at 44.409 degrees latitude, and -115.377 degrees longitude to an upper point located at 44.373 degrees latitude, and -115.444 degrees longitude. Cub Creek from a lower point located at 44.324 degrees latitude, and -115.473 degrees longitude to an upper point located at 44.32 degrees latitude, and -115.517 degrees longitude. East Fork Elk Creek from a lower point located at 44.485 degrees latitude, and -115.452 degrees longitude to an upper point located at 44.481 degrees latitude, and -115.359 degrees longitude. Elk Creek from a lower point located at 44.411 degrees latitude, and -115.372 degrees longitude to an upper point located at 44.485 degrees latitude, and -115.452 degrees longitude. Fir Creek from a lower point located at 44.428 degrees latitude, and -115.29 degrees longitude to an upper point located at 44.344 degrees latitude, and -115.298 degrees longitude. Little Beaver Creek from a lower point located at 44.41 degrees latitude, and -115.491 degrees longitude to an upper point located at 44.445 degrees latitude, and -115.527 degrees longitude. Little East Fork Elk Creek from a lower point located at 44.465 degrees latitude, and -115.445 degrees longitude to an upper point located at 44.48 degrees latitude, and -115.397 degrees longitude. North Fork Elk Creek from a lower point located at 44.485 degrees latitude, and -115.452 degrees longitude to an upper point located at 44.527 degrees latitude, and -115.458 degrees longitude. Poker Creek from a lower point located at 44.429 degrees latitude, and -115.334 degrees longitude to an upper point located at 44.446 degrees latitude, and -115.366 degrees longitude. Pole Creek from a lower point located at 44.386 degrees latitude, and -115.379 degrees longitude to an upper point located at 44.361 degrees latitude, and -115.366 degrees longitude. Porter Creek from a lower point located at 44.457 degrees latitude, and -115.45 degrees longitude to an upper point located at 44.47 degrees latitude, and -115.54 degrees longitude. Sack Creek from a lower point located at 44.359 degrees latitude, and -115.407 degrees longitude to an upper point located at 44.32 degrees latitude, and -115.351 degrees longitude. Sheep Trail Creek from a lower point located at 44.337 degrees latitude, and -115.447 degrees longitude to an upper point located at 44.36 degrees latitude, and -115.451 degrees longitude. Unnamed creek off Bear Valley Creek from a lower point located at 44.429 degrees latitude, and -115.34 degrees longitude to an upper point located at 44.443 degrees latitude, and -115.358 degrees longitude. Unnamed creek off Cache Creek from a lower point located at 44.315 degrees latitude, and -115.423 degrees longitude to an upper point located at 44.306 degrees latitude, and -115.389 degrees longitude. West Fork Elk Creek from a lower point located at 44.479 degrees latitude, and -115.457 degrees longitude to an upper point located at 44.48 degrees latitude, and -115.52 degrees longitude. Wyoming Creek from a lower point located at 44.426 degrees latitude, and -115.321 degrees longitude to an upper point located at 44.355 degrees latitude, and -115.341 degrees longitude.
(v) Critical Habitat Subunit—Middle Salmon—Panther.
(A) Salmon River from a lower point located at 45.454 degrees latitude, and -114.931 degrees longitude to an upper point located at 44.692 degrees latitude, and -114.049 degrees longitude.
(B) Cayuse Creek from a lower point located at 45.474 degrees latitude, and -114.568 degrees longitude to an upper point located at 45.5 degrees latitude, and -114.602 degrees longitude. Horse Creek from a lower point located at 45.395 degrees latitude, and -114.732 degrees longitude to an upper point located at 45.475 degrees latitude, and -114.401 degrees longitude. Woods Fork Horse Creek from a lower point located at 45.506 degrees latitude, and -114.459 degrees longitude to an upper point located at 45.535 degrees latitude, and -114.442 degrees longitude.
(C) Owl Creek from a lower point located at 45.318 degrees latitude, and -114.447 degrees longitude to an upper point located at 45.474 degrees latitude, and -114.382 degrees longitude.
(D) Arnett Creek from a lower point located at 45.205 degrees latitude, and -114.133 degrees longitude to an upper point located at 45.266 degrees latitude, and -114.2 degrees longitude. Beaver Creek from a lower point located at 45.274 degrees latitude, and -114.334 degrees longitude to an upper point located at 45.272 degrees latitude, and -114.185 degrees longitude. Clear Creek from a lower point located at 45.295 degrees latitude, and -114.351 degrees longitude to an upper point located at 45.146 degrees latitude, and -114.578 degrees longitude. Deep Creek from a lower point located at 45.126 degrees latitude, and -114.215 degrees longitude to an upper point located at 45.018 degrees latitude, and -114.097 degrees longitude. Fourth of July Creek from a lower point located at 44.986 degrees latitude, and -114.346 degrees longitude to an upper point located at 44.996 degrees latitude, and -114.408 degrees longitude. Little Deep Creek from a lower point located at 45.108 degrees latitude, and -114.179 degrees longitude to an upper point located at 45.001 degrees latitude, and -114.162 degrees longitude. Moccasin Creek from a lower point located at 45.153 degrees latitude, and -114.171 degrees longitude to an upper point located at 45.088 degrees latitude, and -114.089 degrees longitude. Musgrove Creek from a lower point located at 45.022 degrees latitude, and -114.313 degrees longitude to an upper point located at 45.097 degrees latitude, and -114.47 degrees longitude. Napias Creek from a lower point located at 45.137 degrees latitude, and -114.217 degrees longitude to an upper point located at 45.244 degrees latitude, and -114.023 degrees longitude. Opal Creek from a lower point located at 44.896 degrees latitude, and -114.314 degrees longitude to an upper point located at 44.901 degrees latitude, and -114.282 degrees longitude. Otter Creek from a lower point located at 44.861 degrees latitude, and -114.29 degrees longitude to an upper point located at 44.869 degrees latitude, and -114.248 degrees longitude. Panther Creek from a lower point located at 45.316 degrees latitude, and -114.405 degrees longitude to an upper point located at 44.829 degrees latitude, and -114.294 degrees longitude. Phelan Creek from a lower point located at 45.167 degrees latitude, and -114.16 degrees longitude to an upper point located at 45.146 degrees latitude, and -114.041 degrees
(E) Pine Creek from a lower point located at 45.364 degrees latitude, and -114.3 degrees longitude to an upper point located at 45.282 degrees latitude, and -114.167 degrees longitude.
(F) Boulder Creek from a lower point located at 45.376 degrees latitude, and -114.276 degrees longitude to an upper point located at 45.46 degrees latitude, and -114.348 degrees longitude.
(G) Spring Creek from a lower point located at 45.391 degrees latitude, and −114.255 degrees longitude to an upper point located at 45.449 degrees latitude, and −114.337 degrees longitude.
(H) Squaw Creek from a lower point located at 45.399 degrees latitude, and −114.168 degrees longitude to an upper point located at 45.504 degrees latitude, and −114.257 degrees longitude.
(I) Corral Creek from a lower point located at 45.498 degrees latitude, and −114.146 degrees longitude to an upper point located at 45.545 degrees latitude, and −114.111 degrees longitude. Indian Creek from a lower point located at 45.4 degrees latitude, and −114.167 degrees longitude to an upper point located at 45.552 degrees latitude, and −114.144 degrees longitude. McConn Creek from a lower point located at 45.504 degrees latitude, and −114.152 degrees longitude to an upper point located at 45.527 degrees latitude, and −114.242 degrees longitude. West Fork Indian Creek from a lower point located at 45.475 degrees latitude, and −114.138 degrees longitude to an upper point located at 45.489 degrees latitude, and −114.198 degrees longitude.
(J) Dahlonega Creek from a lower point located at 45.541 degrees latitude, and −113.929 degrees longitude to an upper point located at 45.524 degrees latitude, and −113.836 degrees longitude. Hughes Creek from a lower point located at 45.476 degrees latitude, and −113.988 degrees longitude to an upper point located at 45.582 degrees latitude, and −114.12 degrees longitude. Moose Creek from a lower point located at 45.654 degrees latitude, and −113.97 degrees longitude to an upper point located at 45.691 degrees latitude, and −113.944 degrees longitude. North Fork Salmon River from a lower point located at 45.405 degrees latitude, and −113.994 degrees longitude to an upper point located at 45.702 degrees latitude, and −113.989 degrees longitude. North Fork Sheep Creek from a lower point located at 45.482 degrees latitude, and −113.836 degrees longitude to an upper point located at 45.483 degrees latitude, and −113.774 degrees longitude. Pierce Creek from a lower point located at 45.621 degrees latitude, and −113.963 degrees longitude to an upper point located at 45.67 degrees latitude, and −113.932 degrees longitude. Sheep Creek from a lower point located at 45.504 degrees latitude, and −113.953 degrees longitude to an upper point located at 45.482 degrees latitude, and −113.836 degrees longitude. South Fork Sheep Creek from a lower point located at 45.482 degrees latitude, and −113.836 degrees longitude to an upper point located at 45.449 degrees latitude, and −113.8 degrees longitude. Twin Creek from a lower point located at 45.608 degrees latitude, and −113.964 degrees longitude to an upper point located at 45.591 degrees latitude, and −114.081 degrees longitude. Vine Creek from a lower point located at 45.611 degrees latitude, and −113.966 degrees longitude to an upper point located at 45.638 degrees latitude, and −114 degrees longitude. West Fork North Fork Salmon River from a lower point located at 45.654 degrees latitude, and −113.97 degrees longitude to an upper point located at 45.667 degrees latitude, and −114.002 degrees longitude.
(K) Fourth of July Creek from a lower point located at 45.364 degrees latitude, and −113.943 degrees longitude to an upper point located at 45.427 degrees latitude, and −113.773 degrees longitude.
(L) Carmen Creek from a lower point located at 45.25 degrees latitude, and −113.899 degrees longitude to an upper point located at 45.39 degrees latitude, and −113.737 degrees longitude. Freeman Creek from a lower point located at 45.279 degrees latitude, and −113.815 degrees longitude to an upper point located at 45.276 degrees latitude, and −113.686 degrees longitude.
(M) South Fork Williams Creek from a lower point located at 45.077 degrees latitude, and −114.013 degrees longitude to an upper point located at 45.038 degrees latitude, and −114.086 degrees longitude. Williams Creek from a lower point located at 45.081 degrees latitude, and −113.899 degrees longitude to an upper point located at 45.077 degrees latitude, and −114.013 degrees longitude.
(N) Twelvemile Creek from a lower point located at 45.011 degrees latitude, and −113.932 degrees longitude to an upper point located at 44.929 degrees latitude, and −113.851 degrees longitude.
(O) Iron Creek from a lower point located at 44.887 degrees latitude, and −113.968 degrees longitude to an upper point located at 44.908 degrees latitude, and −114.192 degrees longitude. North Fork Iron Creek from a lower point located at 44.921 degrees latitude, and −114.109 degrees longitude to an upper point located at 45.007 degrees latitude, and −114.096 degrees longitude. South Fork Iron Creek from a lower point located at 44.92 degrees latitude, and −114.113 degrees longitude to an upper point located at 44.906 degrees latitude, and −114.158 degrees longitude. West Fork Iron Creek from a lower point located at 44.921 degrees latitude, and −114.124 degrees longitude to an upper point located at 44.961 degrees latitude, and −114.186 degrees longitude.
(P) McKim Creek from a lower point located at 44.81 degrees latitude, and −114.009 degrees longitude to an upper point located at 44.816 degrees latitude, and −113.901 degrees longitude. North Fork McKim Creek from a lower point located at 44.81 degrees latitude, and −113.965 degrees longitude to an upper point located at 44.821 degrees latitude, and −113.871 degrees longitude.
(Q) Big Hat Creek from a lower point located at 44.821 degrees latitude, and −114.091 degrees longitude to an upper point located at 44.819 degrees latitude, and −114.166 degrees longitude. Hat Creek from a lower point located at
(R) Allison Creek from a lower point located at 44.771 degrees latitude, and −113.997 degrees longitude to an upper point located at 44.782 degrees latitude, and −113.879 degrees longitude.
(S) Cow Creek from a lower point located at 44.736 degrees latitude, and −114.003 degrees longitude to an upper point located at 44.738 degrees latitude, and −113.853 degrees longitude.
(vi) Critical Habitat Subunit—Lemhi River.
(A) Lemhi River from a lower point located at 45.188 degrees latitude, and −113.889 degrees longitude to an upper point located at 44.682 degrees latitude, and −113.355 degrees longitude.
(B) Geertson Creek from a lower point located at 45.132 degrees latitude, and −113.769 degrees longitude to an upper point located at 45.239 degrees latitude, and −113.665 degrees longitude.
(C) Bohannon Creek from a lower point located at 45.112 degrees latitude, and −113.746 degrees longitude to an upper point located at 45.229 degrees latitude, and −113.667 degrees longitude.
(D) East Fork Kenney Creek from a lower point located at 45.066 degrees latitude, and −113.573 degrees longitude to an upper point located at 45.075 degrees latitude, and −113.495 degrees longitude. Kenney Creek from a lower point located at 45.032 degrees latitude, and −113.662 degrees longitude to an upper point located at 45.11 degrees latitude, and −113.513 degrees longitude.
(E) Pattee Creek from a lower point located at 44.98 degrees latitude, and −113.643 degrees longitude to an upper point located at 45.046 degrees latitude, and −113.477 degrees longitude.
(F) Bear Valley Creek from a lower point located at 44.772 degrees latitude, and −113.707 degrees longitude to an upper point located at 44.804 degrees latitude, and −113.866 degrees longitude. Bray Creek from a lower point located at 44.706 degrees latitude, and −113.768 degrees longitude to an upper point located at 44.675 degrees latitude, and −113.813 degrees longitude. Cooper Creek from a lower point located at 44.726 degrees latitude, and −113.725 degrees longitude to an upper point located at 44.675 degrees latitude, and −113.702 degrees longitude. Deer Creek from a lower point located at 44.793 degrees latitude, and −113.777 degrees longitude to an upper point located at 44.776 degrees latitude, and −113.809 degrees longitude. East Fork Hayden Creek from a lower point located at 44.76 degrees latitude, and −113.711 degrees longitude to an upper point located at 44.664 degrees latitude, and −113.683 degrees longitude. Hayden Creek from a lower point located at 44.869 degrees latitude, and −113.626 degrees longitude to an upper point located at 44.722 degrees latitude, and −113.819 degrees longitude. Kadletz Creek from a lower point located at 44.775 degrees latitude, and −113.742 degrees longitude to an upper point located at 44.74 degrees latitude, and −113.819 degrees longitude. Short Creek from a lower point located at 44.788 degrees latitude, and −113.767 degrees longitude to an upper point located at 44.773 degrees latitude, and −113.796 degrees longitude. West Fork Hayden Creek from a lower point located at 44.705 degrees latitude, and −113.756 degrees longitude to an upper point located at 44.706 degrees latitude, and −113.768 degrees longitude. Wright Creek from a lower point located at 44.784 degrees latitude, and −113.754 degrees longitude to an upper point located at 44.746 degrees latitude, and −113.836 degrees longitude.
(G) Mill Creek from a lower point located at 44.767 degrees latitude, and −113.518 degrees longitude to an upper point located at 44.656 degrees latitude, and −113.656 degrees longitude.
(H) Big Springs Creek from a lower point located at 44.689 degrees latitude, and −113.369 degrees longitude to an upper point located at 44.758 degrees latitude, and −113.5 degrees longitude.
(I) Little Eightmile Creek from a lower point located at 44.739 degrees latitude, and −113.459 degrees longitude to an upper point located at 44.823 degrees latitude, and −113.365 degrees longitude.
(J) Big Eightmile Creek from a lower point located at 44.739 degrees latitude, and −113.459 degrees longitude to an upper point located at 44.561 degrees latitude, and −113.562 degrees longitude. Dairy Creek from a lower point located at 44.637 degrees latitude, and −113.552 degrees longitude to an upper point located at 44.62 degrees latitude, and −113.593 degrees longitude.
(K) Big Timber Creek from a lower point located at 44.7 degrees latitude, and −113.374 degrees longitude to an upper point located at 44.509 degrees latitude, and −113.538 degrees longitude. Little Timber Creek from a lower point located at 44.642 degrees latitude, and −113.383 degrees longitude to an upper point located at 44.606 degrees latitude, and −113.444 degrees longitude. Middle Fork Little Timber Creek from a lower point located at 44.606 degrees latitude, and −113.444 degrees longitude to an upper point located at 44.551 degrees latitude, and −113.53 degrees longitude.
(L) Canyon Creek from a lower point located at 44.692 degrees latitude, and −113.366 degrees longitude to an upper point located at 44.799 degrees latitude, and −113.29 degrees longitude. Cruikshank Creek from a lower point located at 44.759 degrees latitude, and −113.259 degrees longitude to an upper point located at 44.771 degrees latitude, and −113.134 degrees longitude. Hood Gulch Springs 1 from a lower point located at 44.769 degrees latitude, and −113.251 degrees longitude to an upper point located at 44.781 degrees latitude, and −113.336 degrees longitude. Hood Gulch Springs 2 from a lower point located at 44.78 degrees latitude, and −113.279 degrees longitude to an upper point located at 44.752 degrees latitude, and −113.317 degrees longitude. Hood Gulch Springs 3 from a lower point located at 44.777 degrees latitude, and −113.282 degrees longitude to an upper point located at 44.777 degrees latitude, and −113.323 degrees longitude. Hood Gulch Springs 4 from a lower point located at 44.768 degrees latitude, and −113.296 degrees longitude to an upper point located at 44.764 degrees latitude, and −113.325 degrees longitude.
(M) Big Bear Creek from a lower point located at 44.677 degrees latitude, and −113.159 degrees longitude to an upper point located at 44.642 degrees latitude, and −113.065 degrees longitude. Deer Creek from a lower point located at 44.52 degrees latitude, and −113.286 degrees longitude to an upper point located at 44.452 degrees latitude, and −113.342 degrees longitude. Eighteenmile Creek from a lower point located at 44.682 degrees latitude, and −113.355 degrees longitude to an upper point located at 44.447 degrees latitude, and −113.008 degrees longitude. Hawley Creek from a lower point located at 44.667 degrees latitude, and −113.323 degrees longitude to an upper point located at 44.677 degrees latitude, and −113.159 degrees longitude. Meadow Creek from a lower point located at 44.663 degrees latitude, and −113.104 degrees longitude to an upper point located at 44.678 degrees latitude, and −113.079 degrees longitude.
(vii) Critical Habitat Subunit—Opal Lake.
(A) Opal Creek from a lower point located at 44.898 degrees latitude, and −114.277 degrees longitude to an upper point located at 44.876 degrees latitude, and −114.251 degrees longitude. Opal Lake centered at 44.899 degrees latitude, and −114.281 degrees longitude.
(B) [Reserved]
(viii) Critical Habitat Subunit—Lake Creek.
(A) Lake Creek from a lower point located at 45.017 degrees latitude, and −113.988 degrees longitude to an upper point located at 44.986 degrees latitude, and −114.08 degrees longitude. North Fork Lake Creek from a lower point located at 45.009 degrees latitude, and −114.016 degrees longitude to an upper point located at 45.015 degrees latitude, and −114.068 degrees longitude. Williams Lake centered at 45.016 degrees latitude, and −113.975 degrees longitude.
(B) [Reserved]
(ix) Critical Habitat Subunit—Pahsimeroi River.
(A) Pahsimeroi River from a lower point located at 44.692 degrees latitude, and −114.049 degrees longitude to an upper point located at 44.157 degrees latitude, and −113.703 degrees longitude.
(B) East Fork Morgan Creek from a lower point located at 44.675 degrees latitude, and −113.899 degrees longitude to an upper point located at 44.67 degrees latitude, and −113.828 degrees longitude. Morgan Creek from a lower point located at 44.618 degrees latitude, and −113.963 degrees longitude to an upper point located at 44.675 degrees latitude, and −113.899 degrees longitude. North Fork Morgan Creek from a lower point located at 44.675 degrees latitude, and −113.899 degrees longitude to an upper point located at 44.71 degrees latitude, and −113.829 degrees longitude.
(C) Tater Creek from a lower point located at 44.633 degrees latitude, and −113.902 degrees longitude to an upper point located at 44.661 degrees latitude, and −113.839 degrees longitude.
(D) Morse Creek from a lower point located at 44.569 degrees latitude, and −113.885 degrees longitude to an upper point located at 44.654 degrees latitude, and −113.709 degrees longitude.
(E) Falls Creek from a lower point located at 44.566 degrees latitude, and −113.878 degrees longitude to an upper point located at 44.611 degrees latitude, and −113.684 degrees longitude.
(F) Inyo Creek from a lower point located at 44.535 degrees latitude, and −113.683 degrees longitude to an upper point located at 44.532 degrees latitude, and −113.627 degrees longitude. Patterson Creek from a lower point located at 44.614 degrees latitude, and −113.966 degrees longitude to an upper point located at 44.636 degrees latitude, and −113.653 degrees longitude.
(G) Big Creek from a lower point located at 44.442 degrees latitude, and −113.6 degrees longitude to an upper point located at 44.495 degrees latitude, and −113.818 degrees longitude. North Fork Big Creek from a lower point located at 44.442 degrees latitude, and −113.6 degrees longitude to an upper point located at 44.552 degrees latitude, and −113.593 degrees longitude. South Fork Big Creek from a lower point located at 44.442 degrees latitude, and −113.6 degrees longitude to an upper point located at 44.385 degrees latitude, and −113.476 degrees longitude.
(H) Big Gulch from a lower point located at 44.354 degrees latitude, and −113.58 degrees longitude to an upper point located at 44.374 degrees latitude, and −113.483 degrees longitude. Ditch Creek from a lower point located at 44.354 degrees latitude, and −113.58 degrees longitude to an upper point located at 44.4 degrees latitude, and −113.558 degrees longitude. Goldberg Creek from a lower point located at 44.485 degrees latitude, and −113.815 degrees longitude to an upper point located at 44.354 degrees latitude, and −113.58 degrees longitude.
(I) Burnt Creek from a lower point located at 44.284 degrees latitude, and −113.652 degrees longitude to an upper point located at 44.149 degrees latitude, and −113.632 degrees longitude. East Fork Burnt Creek from a lower point located at 44.149 degrees latitude, and −113.632 degrees longitude to an upper point located at 44.12 degrees latitude, and −113.624 degrees longitude.
(J) Mahogany Creek from a lower point located at 44.208 degrees latitude, and −113.701 degrees longitude to an upper point located at 44.159 degrees latitude, and −113.767 degrees longitude.
(K) West Fork Pahsimeroi River from a lower point located at 44.157 degrees latitude, and −113.703 degrees longitude to an upper point located at 44.092 degrees latitude, and −113.749 degrees longitude.
(L) East Fork Pahsimeroi River from a lower point located at 44.157 degrees latitude, and −113.703 degrees longitude to an upper point located at 44.081 degrees latitude, and −113.72 degrees longitude.
(x) Critical Habitat Subunit—Upper Salmon River.
(A) Salmon River from a lower point located at 44.692 degrees latitude, and −114.049 degrees longitude to an upper point located at 43.797 degrees latitude, and −114.774 degrees longitude.
(B) Alder Creek from a lower point located at 44.803 degrees latitude, and −114.256 degrees longitude to an upper point located at 44.805 degrees latitude, and −114.308 degrees longitude. Corral Creek from a lower point located at 44.779 degrees latitude, and −114.248 degrees longitude to an upper point located at 44.876 degrees latitude, and −114.219 degrees longitude. Lick Creek from a lower point located at 44.722 degrees latitude, and −114.271 degrees longitude to an upper point located at 44.775 degrees latitude, and −114.347 degrees longitude. Morgan Creek from a lower point located at 44.612 degrees latitude, and −114.168 degrees longitude to an upper point located at 44.846 degrees latitude, and −114.261 degrees longitude. Unnamed creek off Corral Creek from a lower point located at 44.805 degrees latitude, and −114.224 degrees longitude to an upper point located at 44.84 degrees latitude, and −114.198 degrees longitude. Van Horn Creek from a lower point located at 44.757 degrees latitude, and −114.256 degrees longitude to an upper point located at 44.786 degrees latitude, and −114.337 degrees longitude. West Fork Morgan Creek from a lower point located at 44.681 degrees latitude, and −114.243 degrees longitude to an upper point located at 44.734 degrees latitude, and −114.393 degrees longitude.
(C) Bear Creek from a lower point located at 44.569 degrees latitude, and −114.361 degrees longitude to an upper point located at 44.597 degrees latitude, and −114.462 degrees longitude. Challis Creek from a lower point located at 44.57 degrees latitude, and −114.186 degrees longitude to an upper point located at 44.552 degrees latitude, and −114.511 degrees longitude. Lodgepole Creek from a lower point located at 44.54 degrees latitude, and −114.408 degrees longitude to an upper point located at 44.555 degrees latitude, and −114.474 degrees longitude. Mill Creek from a lower point located at 44.561 degrees latitude, and −114.274 degrees longitude to an upper point located at 44.47 degrees latitude, and −114.492 degrees longitude.
(D) Garden Creek from a lower point located at 44.509 degrees latitude, and −114.191 degrees longitude to an upper point located at 44.431 degrees latitude, and −114.427 degrees longitude.
(E) Big Boulder Creek from a lower point located at 44.118 degrees latitude, and −114.428 degrees longitude to an upper point located at 44.097 degrees latitude, and −114.612 degrees longitude. Bowery Creek from a lower point located at 44.032 degrees latitude, and −114.46 degrees longitude to an upper point located at 44.012 degrees latitude, and −114.389 degrees longitude. Chamberlain Creek from a lower point located at 44.004 degrees latitude, and −114.53 degrees longitude to an upper point located at 44.037 degrees latitude, and −114.609 degrees longitude. East Fork Herd Creek from a lower point located at 44.058 degrees latitude, and −114.233 degrees longitude to an upper point located at 43.984 degrees latitude, and −114.203 degrees longitude. East Fork Salmon River from a lower point located at 44.268 degrees latitude, and −114.326 degrees longitude to an upper point located at 43.929 degrees latitude, and −114.554 degrees longitude. East Pass Creek from a lower point located at 44.076 degrees latitude, and −114.244 degrees longitude to an upper point located at 44.05 degrees latitude, and −114.276 degrees longitude. Germania Creek from a lower point located at 44.039 degrees latitude, and −114.461 degrees longitude to an upper point located at 43.968 degrees latitude, and −114.703 degrees longitude. Herd Creek from a lower point located at 44.154 degrees latitude, and −114.3 degrees longitude to an upper point located at 44.058 degrees latitude, and −114.233 degrees longitude. Ibex Creek from a lower point located at 43.953 degrees latitude, and −114.525 degrees longitude to an upper point located at 43.908 degrees latitude, and −114.492 degrees longitude. Little Boulder Creek from a lower point located at 44.099 degrees latitude, and −114.442 degrees longitude to an upper point located at 44.065 degrees latitude, and −114.542 degrees longitude. Long Tom Creek from a lower point located at 44.027 degrees latitude, and −114.429 degrees longitude to an upper point located at 43.978 degrees latitude, and −114.401 degrees longitude. Meridian Creek from a lower point located at 44.011 degrees latitude, and −114.251 degrees longitude to an upper point located at 43.988 degrees latitude, and −114.256 degrees longitude. North Fork Bowery Creek from a lower point located at 44.032 degrees latitude, and −114.4 degrees longitude to an upper point located at 44.049 degrees latitude, and −114.365 degrees longitude. Roaring Creek from a lower point located at 43.978 degrees latitude, and −114.473 degrees longitude to an upper point located at 43.939 degrees latitude, and −114.485 degrees longitude. South Fork East Fork Salmon River from a lower point located at 43.929 degrees latitude, and −114.554 degrees longitude to an upper point located at 43.848 degrees latitude, and −114.566 degrees longitude. West Fork East Fork Salmon River from a lower point located at 43.929 degrees latitude, and −114.554 degrees longitude to an upper point located at 43.919 degrees latitude, and −114.655 degrees longitude. West Fork Herd Creek from a lower point located at 44.058 degrees latitude, and −114.233 degrees longitude to an upper point located at 43.99 degrees latitude, and −114.224 degrees longitude. West Pass Creek from a lower point located at 43.988 degrees latitude, and −114.49 degrees longitude to an upper point located at 43.893 degrees latitude, and −114.418 degrees longitude. Wickiup Creek from a lower point located at 44.072 degrees latitude, and −114.458 degrees longitude to an upper point located at 44.033 degrees latitude, and −114.565 degrees longitude.
(F) Kinnikinic Creek from a lower point located at 44.258 degrees latitude, and −114.401 degrees longitude to an upper point located at 44.367 degrees latitude, and −114.396 degrees longitude.
(G) Martin Creek from a lower point located at 44.387 degrees latitude, and −114.494 degrees longitude to an upper point located at 44.426 degrees latitude, and −114.563 degrees longitude. Squaw Creek from a lower point located at 44.249 degrees latitude, and −114.454 degrees longitude to an upper point located at 44.456 degrees latitude, and −114.503 degrees longitude. Willow Creek from a lower point located at 44.428 degrees latitude, and −114.489 degrees longitude to an upper point located at 44.447 degrees latitude, and −114.445 degrees longitude.
(H) Thompson Creek from a lower point located at 44.25 degrees latitude, and −114.516 degrees longitude to an upper point located at 44.378 degrees latitude, and −114.596 degrees longitude.
(I) Livingston Creek from a lower point located at 44.194 degrees latitude, and −114.603 degrees longitude to an upper point located at 44.144 degrees latitude, and −114.608 degrees longitude. Silver Rule Creek from a lower point located at 44.207 degrees latitude, and −114.597 degrees longitude to an upper point located at 44.146 degrees latitude, and −114.581 degrees longitude. Slate Creek from a lower point located at 44.256 degrees latitude, and −114.563 degrees longitude to an upper point located at 44.155 degrees latitude, and −114.629 degrees longitude.
(J) Martin Creek from a lower point located at 44.137 degrees latitude, and −114.724 degrees longitude to an upper point located at 44.117 degrees latitude, and −114.797 degrees longitude. Pigtail Creek from a lower point located at 44.129 degrees latitude, and −114.726 degrees longitude to an upper point located at 44.122 degrees latitude, and −114.735 degrees longitude. Warm Springs Creek from a lower point located at 44.254 degrees latitude, and −114.675 degrees longitude to an upper point located at 44.059 degrees latitude, and −114.613 degrees longitude.
(K) Cabin Creek from a lower point located at 44.397 degrees latitude, and −114.827 degrees longitude to an upper point located at 44.419 degrees latitude, and −114.901 degrees longitude. Deadwood Creek from a lower point located at 44.376 degrees latitude, and −114.776 degrees longitude to an upper point located at 44.349 degrees latitude, and −114.835 degrees longitude. Eightmile Creek from a lower point located at 44.426 degrees latitude, and −114.619 degrees longitude to an upper point located at 44.471 degrees latitude, and −114.715 degrees longitude. Elevenmile Creek from a lower point located at 44.467 degrees latitude, and −114.579 degrees longitude to an upper point located at 44.436 degrees latitude, and −114.544 degrees longitude. Elevenmile Creek from a lower point located at 44.405 degrees latitude, and −114.654 degrees longitude to an upper point located at 44.355 degrees latitude, and −114.615 degrees longitude. Jordan Creek from a lower point located at 44.379 degrees latitude, and −114.72 degrees longitude to an upper point located at 44.469 degrees latitude, and −114.77 degrees longitude. Lightning Creek from a lower point located at 44.388 degrees latitude, and −114.795 degrees longitude to an upper point located at 44.466 degrees latitude, and −114.787 degrees longitude. McKay Creek from a lower point located at 44.489 degrees latitude, and −114.55 degrees longitude to an upper point located at 44.475 degrees latitude, and −114.491 degrees longitude. Ninemile Creek from a lower point located at 44.445 degrees latitude, and −114.604 degrees longitude to an upper point located at 44.414 degrees latitude, and −114.582 degrees longitude. Sixmile Creek from a lower point located at 44.413 degrees latitude, and −114.637 degrees longitude to an upper point located at 44.385 degrees latitude, and −114.595 degrees longitude. Tenmile Creek from a lower point located at
(L) Basin Creek from a lower point located at 44.264 degrees latitude, and −114.817 degrees longitude to an upper point located at 44.368 degrees latitude, and −114.942 degrees longitude. East Basin Creek from a lower point located at 44.277 degrees latitude, and −114.849 degrees longitude to an upper point located at 44.343 degrees latitude, and −114.79 degrees longitude. Short Creek from a lower point located at 44.291 degrees latitude, and −114.871 degrees longitude to an upper point located at 44.313 degrees latitude, and −114.855 degrees longitude. Sunday Creek from a lower point located at 44.349 degrees latitude, and −114.905 degrees longitude to an upper point located at 44.341 degrees latitude, and −114.969 degrees longitude. Unnamed creek off East Basin Creek from a lower point located at 44.32 degrees latitude, and −114.817 degrees longitude to an upper point located at 44.344 degrees latitude, and −114.823 degrees longitude.
(M) Crooked Creek from a lower point located at 44.237 degrees latitude, and −114.994 degrees longitude to an upper point located at 44.203 degrees latitude, and −115.044 degrees longitude. East Fork Valley Creek from a lower point located at 44.358 degrees latitude, and −115.048 degrees longitude to an upper point located at 44.327 degrees latitude, and −114.987 degrees longitude. Elk Creek from a lower point located at 44.293 degrees latitude, and −115.023 degrees longitude to an upper point located at 44.196 degrees latitude, and −115.133 degrees longitude. Goat Creek from a lower point located at 44.219 degrees latitude, and −114.942 degrees longitude to an upper point located at 44.179 degrees latitude, and −115.008 degrees longitude. Iron Creek from a lower point located at 44.223 degrees latitude, and −114.947 degrees longitude to an upper point located at 44.189 degrees latitude, and −115.047 degrees longitude. Job Creek from a lower point located at 44.243 degrees latitude, and −115.001 degrees longitude to an upper point located at 44.243 degrees latitude, and −115.003 degrees longitude. Meadow Creek from a lower point located at 44.306 degrees latitude, and −115.052 degrees longitude to an upper point located at 44.316 degrees latitude, and −115.088 degrees longitude. Prospect Creek from a lower point located at 44.394 degrees latitude, and −114.985 degrees longitude to an upper point located at 44.357 degrees latitude, and −114.984 degrees longitude. Trap Creek from a lower point located at 44.316 degrees latitude, and −115.088 degrees longitude to an upper point located at 44.29 degrees latitude, and −115.162 degrees longitude. Valley Creek from a lower point located at 44.225 degrees latitude, and −114.927 degrees longitude to an upper point located at 44.377 degrees latitude, and −114.96 degrees longitude.
(N) Fishhook Creek from a lower point located at 44.143 degrees latitude, and −114.92 degrees longitude to an upper point located at 44.133 degrees latitude, and −114.981 degrees longitude. Little Redfish Lake centered at 44.161 degrees latitude, and −114.908 degrees longitude. Redfish Lake centered at 44.117 degrees latitude, and −114.931 degrees longitude. Redfish Lake Creek from a lower point located at 44.169 degrees latitude, and −114.898 degrees longitude to an upper point located at 44.1 degrees latitude, and −114.955 degrees longitude.
(O) Fourth of July Creek from a lower point located at 44.032 degrees latitude, and −114.836 degrees longitude to an upper point located at 44.044 degrees latitude, and −114.62 degrees longitude.
(P) Alpine Creek from a lower point located at 43.896 degrees latitude, and −114.907 degrees longitude to an upper point located at 43.93 degrees latitude, and −114.969 degrees longitude. Alturas Lake centered at 43.914 degrees latitude, and −114.86 degrees longitude. Alturas Lake Creek from a lower point located at 44.004 degrees latitude, and −114.836 degrees longitude to an upper point located at 43.859 degrees latitude, and −114.983 degrees longitude. Cabin Creek from a lower point located at 43.928 degrees latitude, and −114.842 degrees longitude to an upper point located at 43.929 degrees latitude, and −114.879 degrees longitude. Petit Lake centered at 43.98 degrees latitude, and −114.878 degrees longitude. Pettit Lake Creek from a lower point located at 43.988 degrees latitude, and −114.84 degrees longitude to an upper point located at 43.961 degrees latitude, and −114.916 degrees longitude. Pole Creek from a lower point located at 43.926 degrees latitude, and −114.809 degrees longitude to an upper point located at 43.964 degrees latitude, and −114.69 degrees longitude. Yellowbelly Creek from a lower point located at 43.992 degrees latitude, and −114.838 degrees longitude to an upper point located at 43.981 degrees latitude, and −114.927 degrees longitude. Yellowbelly Lake centered at 44.001 degrees latitude, and −114.875 degrees longitude.
(Q) Beaver Creek from a lower point located at 43.925 degrees latitude, and −114.809 degrees longitude to an upper point located at 43.836 degrees latitude, and −114.906 degrees longitude.
(R) Smiley Creek from a lower point located at 43.915 degrees latitude, and −114.8 degrees longitude to an upper point located at 43.792 degrees latitude, and −114.824 degrees longitude.
(S) Frenchman Creek from a lower point located at 43.885 degrees latitude, and −114.77 degrees longitude to an upper point located at 43.804 degrees latitude, and −114.816 degrees longitude.
Maps follow for Unit 16, Subunit i; Subunit ii; Subunit iii; Subunit iv (North and East Portion); Subunit iv (South and West Portion); Subunit v; Subunit vi; Subunits vii and viii; Subunit ix; Subunit x (North Portion); and Subunit x (South Portion).
(21) Unit 17—Southwest Idaho River Basins.
(i) Critical Habitat Subunit—Anderson Ranch.
(A) Anderson Ranch Reservoir centered at 43.394 degrees latitude, and −115.39 degrees longitude. Dog Creek from a lower point located at 43.53 degrees latitude, and −115.299 degrees longitude to an upper point located at 43.564 degrees latitude, and −115.379 degrees longitude. South Fork Boise River from a lower point located at 43.335 degrees latitude, and −115.536 degrees longitude to an upper point located at 43.774 degrees latitude, and −114.928 degrees longitude.
(B) Feather River from a lower point located at 43.607 degrees latitude, and −115.262 degrees longitude to an upper point located at 43.678 degrees latitude, and −115.264 degrees longitude.
(C) East Fork Elk Creek from a lower point located at 43.709 degrees latitude, and −115.253 degrees longitude to an upper point located at 43.742 degrees latitude, and −115.231 degrees longitude. Elk Creek from a lower point located at 43.678 degrees latitude, and −115.264 degrees longitude to an upper point located at 43.751 degrees latitude, and −115.306 degrees longitude.
(D) Willow Creek from a lower point located at 43.605 degrees latitude, and −115.143 degrees longitude to an upper point located at 43.725 degrees latitude, and −115.022 degrees longitude.
(E) Big Water Gulch from a lower point located at 43.604 degrees latitude, and −115.107 degrees longitude to an upper point located at 43.665 degrees latitude, and −115.042 degrees longitude.
(F) Deadwood Creek from a lower point located at 43.586 degrees latitude, and −115.007 degrees longitude to an upper point located at 43.532 degrees latitude, and −115.015 degrees longitude.
(G) Burnt Log Creek from a lower point located at 43.643 degrees latitude, and −114.969 degrees longitude to an upper point located at 43.646 degrees latitude, and −115.016 degrees longitude. East Fork Skeleton Creek from a lower point located at 43.658 degrees latitude, and −114.998 degrees longitude to an upper point located at 43.685 degrees latitude, and −115.018 degrees longitude. Skeleton Creek from a lower point located at 43.589 degrees latitude, and −115.021 degrees longitude to an upper point located at 43.694 degrees latitude, and −114.986 degrees longitude. West Fork Skeleton Creek from a lower point located at 43.651 degrees latitude, and −114.973 degrees longitude to an upper point located at 43.672 degrees latitude, and −115.026 degrees longitude.
(H) Boardman Creek from a lower point located at 43.612 degrees latitude, and −114.939 degrees longitude to an upper point located at 43.525 degrees latitude, and −115.018 degrees longitude. Smokey Dome Canyon from a lower point located at 43.547 degrees latitude, and −114.955 degrees longitude to an upper point located at 43.503 degrees latitude, and −114.937 degrees longitude.
(I) Big Peak Creek from a lower point located at 43.658 degrees latitude, and −114.794 degrees longitude to an upper point located at 43.628 degrees latitude, and −114.729 degrees longitude. Big Smoky Creek from a lower point located at 43.604 degrees latitude, and −114.915 degrees longitude to an upper point located at 43.792 degrees latitude, and −114.755 degrees longitude. Bluff Creek from a lower point located at 43.7 degrees latitude, and −114.754 degrees longitude to an upper point located at 43.698 degrees latitude, and −114.685 degrees longitude. Carrie Creek from a lower point located at 43.552 degrees latitude, and −114.759 degrees longitude to an upper point located at 43.59 degrees latitude, and −114.69 degrees longitude. Little Smoky Creek from a lower point located at 43.608 degrees latitude, and −114.871 degrees longitude to an upper point located at 43.585 degrees latitude, and −114.679 degrees longitude. Loggy Creek from a lower point located at 43.763 degrees latitude, and −114.787 degrees longitude to an upper point located at 43.8 degrees latitude, and −114.789 degrees longitude. North Fork Big Smoky Creek from a lower point located at 43.686 degrees latitude, and −114.778 degrees longitude to an upper point located at 43.723 degrees latitude, and −114.788 degrees longitude. Salt Creek from a lower point located at 43.607 degrees latitude, and −114.871 degrees longitude to an upper point located at 43.539 degrees latitude, and −114.859 degrees longitude. Snowslide Creek from a lower point located at 43.723 degrees latitude, and −114.788 degrees longitude to an upper point located at 43.739 degrees latitude, and −114.829 degrees longitude. West Fork Big Smoky Creek from a lower point located at 43.744 degrees latitude, and −114.726 degrees longitude to an upper point located at 43.788 degrees latitude, and −114.82 degrees longitude.
(J) Bear Creek from a lower point located at 43.727 degrees latitude, and −114.901 degrees longitude to an upper point located at 43.703 degrees latitude, and −115.006 degrees longitude. Goat Creek from a lower point located at 43.715 degrees latitude, and −114.979 degrees longitude to an upper point located at 43.73 degrees latitude, and −115.006 degrees longitude.
(K) Emma Creek from a lower point located at 43.735 degrees latitude, and −114.906 degrees longitude to an upper point located at 43.791 degrees latitude, and −114.834 degrees longitude. Unnamed creek off Emma Creek from a lower point located at 43.759 degrees latitude, and −114.871 degrees longitude to an upper point located at 43.772 degrees latitude, and −114.883 degrees longitude.
(L) Bass Creek from a lower point located at 43.791 degrees latitude, and −114.975 degrees longitude to an upper point located at 43.741 degrees latitude, and −115.002 degrees longitude. Little Bear Creek from a lower point located at 43.779 degrees latitude, and −114.935 degrees longitude to an upper point located at 43.746 degrees latitude, and −114.974 degrees longitude. North Fork Ross Fork from a lower point located at 43.796 degrees latitude, and −114.988 degrees longitude to an upper point located at 43.853 degrees latitude, and −114.975 degrees longitude. Ross Fork from a lower point located at 43.774 degrees latitude, and −114.928 degrees longitude to an upper point located at 43.796 degrees latitude, and −114.988 degrees longitude. South Fork Ross Fork from a lower point located at 43.796 degrees latitude, and −114.988 degrees longitude to an upper point located at 43.735 degrees latitude, and −115.021 degrees longitude.
(M) Johnson Creek from a lower point located at 43.774 degrees latitude, and −114.928 degrees longitude to an upper point located at 43.844 degrees latitude, and −114.971 degrees longitude. Vienna Creek from a lower point located at 43.802 degrees latitude, and −114.909 degrees longitude to an upper point located at 43.791 degrees latitude, and −114.86 degrees longitude.
(ii) Critical Habitat Subunit—Arrowrock.
(A) Arrowrock Reservoir centered at 43.606 degrees latitude, and −115.833 degrees longitude. Boise River from a lower point located at 43.645 degrees latitude, and −115.748 degrees longitude to an upper point located at 43.713 degrees latitude, and −115.635 degrees longitude. South Fork Boise River from a lower point located at 43.55 degrees latitude, and −115.721 degrees longitude to an upper point located at 43.335 degrees latitude, and −115.536 degrees longitude.
(B) Rattlesnake Creek from a lower point located at 43.561 degrees latitude, and −115.739 degrees longitude to an upper point located at 43.622 degrees
(C) Devils Creek from a lower point located at 43.685 degrees latitude, and −115.591 degrees longitude to an upper point located at 43.642 degrees latitude, and −115.563 degrees longitude. East Fork Sheep Creek from a lower point located at 43.684 degrees latitude, and −115.547 degrees longitude to an upper point located at 43.674 degrees latitude, and −115.485 degrees longitude. Sheep Creek from a lower point located at 43.697 degrees latitude, and −115.661 degrees longitude to an upper point located at 43.617 degrees latitude, and −115.51 degrees longitude.
(D) Middle Fork Boise River from a lower point located at 43.713 degrees latitude, and −115.635 degrees longitude to an upper point located at 43.946 degrees latitude, and −115.032 degrees longitude.
(E) East Fork Roaring River from a lower point located at 43.695 degrees latitude, and −115.464 degrees longitude to an upper point located at 43.616 degrees latitude, and −115.438 degrees longitude. Middle Fork Roaring River from a lower point located at 43.688 degrees latitude, and −115.451 degrees longitude to an upper point located at 43.624 degrees latitude, and −115.465 degrees longitude. Roaring River from a lower point located at 43.79 degrees latitude, and −115.439 degrees longitude to an upper point located at 43.647 degrees latitude, and −115.479 degrees longitude.
(F) Buck Creek from a lower point located at 43.803 degrees latitude, and -115.396 degrees longitude to an upper point located at 43.747 degrees latitude, and -115.325 degrees longitude.
(G) Black Warrior Creek from a lower point located at 43.818 degrees latitude, and -115.29 degrees longitude to an upper point located at 43.945 degrees latitude, and -115.189 degrees longitude. Unnamed creek off Black Warrior Creek from a lower point located at 43.878 degrees latitude, and -115.244 degrees longitude to an upper point located at 43.896 degrees latitude, and -115.263 degrees longitude. West Warrior Creek from a lower point located at 43.84 degrees latitude, and -115.256 degrees longitude to an upper point located at 43.882 degrees latitude, and -115.297 degrees longitude.
(H) Bald Mountain Creek from a lower point located at 43.818 degrees latitude, and -115.266 degrees longitude to an upper point located at 43.756 degrees latitude, and -115.277 degrees longitude.
(I) Little Queens River from a lower point located at 43.843 degrees latitude, and -115.184 degrees longitude to an upper point located at 43.93 degrees latitude, and -115.143 degrees longitude. Queens River from a lower point located at 43.821 degrees latitude, and -115.208 degrees longitude to an upper point located at 43.959 degrees latitude, and -115.118 degrees longitude. Scenic Creek from a lower point located at 43.921 degrees latitude, and -115.178 degrees longitude to an upper point located at 43.901 degrees latitude, and -115.145 degrees longitude. Scott Creek from a lower point located at 43.883 degrees latitude, and -115.18 degrees longitude to an upper point located at 43.891 degrees latitude, and -115.152 degrees longitude. Tripod Creek from a lower point located at 43.895 degrees latitude, and -115.188 degrees longitude to an upper point located at 43.896 degrees latitude, and -115.154 degrees longitude.
(J) Decker Creek from a lower point located at 43.769 degrees latitude, and -115.144 degrees longitude to an upper point located at 43.718 degrees latitude, and -115.046 degrees longitude. Grouse Creek from a lower point located at 43.767 degrees latitude, and -115.122 degrees longitude to an upper point located at 43.731 degrees latitude, and -115.078 degrees longitude. Sawmill Creek from a lower point located at 43.761 degrees latitude, and -115.12 degrees longitude to an upper point located at 43.709 degrees latitude, and -115.094 degrees longitude. Yuba River from a lower point located at 43.803 degrees latitude, and -115.159 degrees longitude to an upper point located at 43.708 degrees latitude, and -115.201 degrees longitude.
(K) Trail Creek from a lower point located at 43.763 degrees latitude, and -115.145 degrees longitude to an upper point located at 43.707 degrees latitude, and -115.117 degrees longitude.
(L) Mattingly Creek from a lower point located at 43.846 degrees latitude, and -115.048 degrees longitude to an upper point located at 43.865 degrees latitude, and -114.984 degrees longitude.
(M) Hungarian Creek from a lower point located at 43.818 degrees latitude, and -115.533 degrees longitude to an upper point located at 43.818 degrees latitude, and -115.539 degrees longitude. North Fork Boise River from a lower point located at 43.713 degrees latitude, and -115.635 degrees longitude to an upper point located at 44.095 degrees latitude, and -115.225 degrees longitude. Rabbit Creek from a lower point located at 43.79 degrees latitude, and -115.602 degrees longitude to an upper point located at 43.797 degrees latitude, and -115.612 degrees longitude.
(N) Banner Creek from a lower point located at 43.983 degrees latitude, and -115.547 degrees longitude to an upper point located at 43.998 degrees latitude, and -115.542 degrees longitude. Crooked River from a lower point located at 43.853 degrees latitude, and -115.536 degrees longitude to an upper point located at 44.027 degrees latitude, and -115.337 degrees longitude. Pikes Fork from a lower point located at 43.971 degrees latitude, and -115.561 degrees longitude to an upper point located at 44.048 degrees latitude, and -115.44 degrees longitude. Ski Creek from a lower point located at 43.88 degrees latitude, and -115.58 degrees longitude to an upper point located at 43.865 degrees latitude, and -115.613 degrees longitude.
(O) Bear Creek from a lower point located at 43.938 degrees latitude, and -115.456 degrees longitude to an upper point located at 44.017 degrees latitude, and -115.405 degrees longitude. Bear River from a lower point located at 43.892 degrees latitude, and -115.488 degrees longitude to an upper point located at 43.987 degrees latitude, and -115.341 degrees longitude. Cub Creek from a lower point located at 43.98 degrees latitude, and -115.401 degrees longitude to an upper point located at 43.979 degrees latitude, and -115.352 degrees longitude. Louise Creek from a lower point located at 43.968 degrees latitude, and -115.424 degrees longitude to an upper point located at 43.964 degrees latitude, and -115.391 degrees longitude. South Fork Cub Creek from a lower point located at 43.977 degrees latitude, and -115.388 degrees longitude to an upper point located at 43.968 degrees latitude, and -115.355 degrees longitude.
(P) Trail Creek from a lower point located at 43.912 degrees latitude, and -115.406 degrees longitude to an upper point located at 43.908 degrees latitude, and -115.399 degrees longitude.
(Q) Lodgepole Creek from a lower point located at 43.93 degrees latitude, and -115.314 degrees longitude to an upper point located at 43.888 degrees latitude, and -115.294 degrees longitude.
(R) Johnson Creek from a lower point located at 43.94 degrees latitude, and -115.284 degrees longitude to an upper point located at 43.947 degrees latitude, and -115.129 degrees longitude.
(S) Big Silver Creek from a lower point located at 43.99 degrees latitude,
(T) Cow Creek from a lower point located at 43.991 degrees latitude, and −115.254 degrees longitude to an upper point located at 44.021 degrees latitude, and −115.295 degrees longitude.
(U) Ballentyne Creek from a lower point located at 44.011 degrees latitude, and −115.232 degrees longitude to an upper point located at 43.983 degrees latitude, and −115.142 degrees longitude.
(V) West Fork Creek from a lower point located at 44.056 degrees latitude, and −115.209 degrees longitude to an upper point located at 44.048 degrees latitude, and −115.246 degrees longitude.
(W) McLeod Creek from a lower point located at 44.057 degrees latitude, and −115.207 degrees longitude to an upper point located at 44.023 degrees latitude, and −115.162 degrees longitude.
(X) McPhearson Creek from a lower point located at 44.066 degrees latitude, and −115.198 degrees longitude to an upper point located at 44.038 degrees latitude, and −115.158 degrees longitude.
(iii) Critical Habitat Subunit—Lucky Peak.
(A) Lucky Peak Reservoir centered at 43.564 degrees latitude, and −115.997 degrees longitude. Mores Creek from a lower point located at 43.618 degrees latitude, and −115.999 degrees longitude to an upper point located at 43.959 degrees latitude, and −115.7 degrees longitude.
(iv) Critical Habitat Subunit—Deadwood River.
(A) Deadwood Reservoir centered at 44.309 degrees latitude, and −115.662 degrees longitude. Deadwood River from a lower point located at 44.342 degrees latitude, and −115.657 degrees longitude to an upper point located at 44.547 degrees latitude, and −115.56 degrees longitude.
(B) Daisy Creek from a lower point located at 44.26 degrees latitude, and −115.693 degrees longitude to an upper point located at 44.269 degrees latitude, and −115.747 degrees longitude. Trail Creek from a lower point located at 44.279 degrees latitude, and −115.666 degrees longitude to an upper point located at 44.239 degrees latitude, and −115.758 degrees longitude.
(C) South Fork Beaver Creek from a lower point located at 44.295 degrees latitude, and −115.685 degrees longitude to an upper point located at 44.297 degrees latitude, and −115.732 degrees longitude. Unnamed creek off South Fork Beaver Creek from a lower point located at 44.294 degrees latitude, and −115.687 degrees longitude to an upper point located at 44.283 degrees latitude, and −115.721 degrees longitude.
(D) Beaver Creek from a lower point located at 44.317 degrees latitude, and −115.684 degrees longitude to an upper point located at 44.31 degrees latitude, and −115.741 degrees longitude. Unnamed creek off Beaver Creek from a lower point located at 44.318 degrees latitude, and −115.686 degrees longitude to an upper point located at 44.336 degrees latitude, and −115.717 degrees longitude.
(E) Habit Creek from a lower point located at 44.33 degrees latitude, and −115.672 degrees longitude to an upper point located at 44.349 degrees latitude, and −115.712 degrees longitude.
(F) Basin Creek from a lower point located at 44.341 degrees latitude, and −115.658 degrees longitude to an upper point located at 44.377 degrees latitude, and −115.701 degrees longitude.
(G) Wild Buck Creek from a lower point located at 44.342 degrees latitude, and −115.657 degrees longitude to an upper point located at 44.389 degrees latitude, and −115.649 degrees longitude.
(H) Deer Creek from a lower point located at 44.396 degrees latitude, and −115.615 degrees longitude to an upper point located at 44.347 degrees latitude, and −115.548 degrees longitude. North Fork Deer Creek from a lower point located at 44.408 degrees latitude, and −115.553 degrees longitude to an upper point located at 44.452 degrees latitude, and −115.544 degrees longitude. Unnamed creek 1 off Deer Creek from a lower point located at 44.407 degrees latitude, and −115.585 degrees longitude to an upper point located at 44.425 degrees latitude, and −115.586 degrees longitude. Unnamed creek 2 off Deer Creek from a lower point located at 44.402 degrees latitude, and −115.559 degrees longitude to an upper point located at 44.388 degrees latitude, and −115.553 degrees longitude. Unnamed creek 3 off Deer Creek from a lower point located at 44.407 degrees latitude, and −115.542 degrees longitude to an upper point located at 44.422 degrees latitude, and −115.533 degrees longitude.
(I) Goat Creek from a lower point located at 44.398 degrees latitude, and −115.618 degrees longitude to an upper point located at 44.393 degrees latitude, and −115.679 degrees longitude.
(J) Bitter Creek from a lower point located at 44.406 degrees latitude, and −115.617 degrees longitude to an upper point located at 44.421 degrees latitude, and −115.677 degrees longitude.
(K) Stratton Creek from a lower point located at 44.47 degrees latitude, and −115.586 degrees longitude to an upper point located at 44.446 degrees latitude, and −115.63 degrees longitude.
(L) East Fork Deadwood River from a lower point located at 44.492 degrees latitude, and −115.574 degrees longitude to an upper point located at 44.494 degrees latitude, and −115.57 degrees longitude.
(v) Critical Habitat Subunit—Middle Fork Payette River.
(A) Middle Fork Payette River from a lower point located at 44.103 degrees latitude, and −115.999 degrees longitude to an upper point located at 44.551 degrees latitude, and −115.764 degrees longitude. Unnamed creek 1 off Middle Fork Payette River from a lower point located at 44.524 degrees latitude, and −115.774 degrees longitude to an upper point located at 44.552 degrees latitude, and −115.834 degrees longitude. Unnamed creek 2 off Middle Fork Payette River from a lower point located at 44.532 degrees latitude, and −115.772 degrees longitude to an upper point located at 44.534 degrees latitude, and −115.755 degrees longitude. Unnamed creek 3 off Middle Fork Payette River from a lower point located at 44.539 degrees latitude, and −115.77 degrees longitude to an upper point located at 44.541 degrees latitude, and −115.738 degrees longitude.
(B) Lightning Creek from a lower point located at 44.193 degrees latitude, and −115.936 degrees longitude to an upper point located at 44.233 degrees latitude, and −115.766 degrees longitude. Onion Creek from a lower point located at 44.214 degrees latitude, and −115.824 degrees longitude to an upper point located at 44.234 degrees latitude, and −115.775 degrees longitude.
(C) Long Fork Silver Creek from a lower point located at 44.382 degrees latitude, and −115.76 degrees longitude to an upper point located at 44.411 degrees latitude, and −115.679 degrees longitude. Peace Creek from a lower point located at 44.341 degrees latitude, and −115.791 degrees longitude to an upper point located at 44.356 degrees latitude, and −115.733 degrees longitude. Silver Creek from a lower point located at 44.304 degrees latitude, and −115.864 degrees longitude to an upper point located at 44.408 degrees latitude, and −115.749 degrees longitude. Ucon Creek from a lower point located at 44.371 degrees latitude,
(D) Bull Creek from a lower point located at 44.422 degrees latitude, and −115.813 degrees longitude to an upper point located at 44.491 degrees latitude, and −115.614 degrees longitude. Oxtail Creek from a lower point located at 44.459 degrees latitude, and −115.667 degrees longitude to an upper point located at 44.439 degrees latitude, and −115.638 degrees longitude. Sixteen−to−one Creek from a lower point located at 44.426 degrees latitude, and −115.801 degrees longitude to an upper point located at 44.467 degrees latitude, and −115.754 degrees longitude.
(vi) Critical Habitat Subunit—Weiser River.
(A) Little Weiser River from a lower point located at 44.553 degrees latitude, and −116.693 degrees longitude to an upper point located at 44.637 degrees latitude, and −116.174 degrees longitude. Weiser River from a lower point located at 44.553 degrees latitude, and −116.693 degrees longitude to an upper point located at 44.847 degrees latitude, and −116.379 degrees longitude.
(B) Anderson Creek from a lower point located at 44.527 degrees latitude, and −116.242 degrees longitude to an upper point located at 44.605 degrees latitude, and −116.186 degrees longitude.
(C) Sheep Creek from a lower point located at 44.542 degrees latitude, and −116.221 degrees longitude to an upper point located at 44.504 degrees latitude, and −116.174 degrees longitude.
(D) East Pine Creek from a lower point located at 44.652 degrees latitude, and −116.815 degrees longitude to an upper point located at 44.772 degrees latitude, and −116.769 degrees longitude.
(E) Rush Creek from a lower point located at 44.567 degrees latitude, and −116.672 degrees longitude to an upper point located at 44.789 degrees latitude, and −116.747 degrees longitude.
(F) Middle Fork Weiser River from a lower point located at 44.668 degrees latitude, and −116.483 degrees longitude to an upper point located at 44.771 degrees latitude, and −116.214 degrees longitude.
(G) Disappointment Creek from a lower point located at 44.825 degrees latitude, and −116.657 degrees longitude to an upper point located at 44.83 degrees latitude, and −116.706 degrees longitude. Grouse Creek from a lower point located at 44.826 degrees latitude, and −116.656 degrees longitude to an upper point located at 44.835 degrees latitude, and −116.707 degrees longitude. Hornet Creek from a lower point located at 44.728 degrees latitude, and −116.448 degrees longitude to an upper point located at 44.797 degrees latitude, and −116.732 degrees longitude. Mill Creek from a lower point located at 44.837 degrees latitude, and −116.619 degrees longitude to an upper point located at 44.854 degrees latitude, and −116.634 degrees longitude. North Creek from a lower point located at 44.814 degrees latitude, and −116.692 degrees longitude to an upper point located at 44.818 degrees latitude, and −116.72 degrees longitude. Olive Creek from a lower point located at 44.836 degrees latitude, and −116.627 degrees longitude to an upper point located at 44.787 degrees latitude, and −116.693 degrees longitude. Placer Creek from a lower point located at 44.808 degrees latitude, and −116.679 degrees longitude to an upper point located at 44.806 degrees latitude, and −116.737 degrees longitude. Unnamed creek 1 off Olive Creek from a lower point located at 44.812 degrees latitude, and −116.643 degrees longitude to an upper point located at 44.791 degrees latitude, and −116.648 degrees longitude. Unnamed creek 2 off Olive Creek from a lower point located at 44.801 degrees latitude, and −116.66 degrees longitude to an upper point located at 44.787 degrees latitude, and −116.665 degrees longitude. West Mill Creek from a lower point located at 44.854 degrees latitude, and −116.634 degrees longitude to an upper point located at 44.853 degrees latitude, and −116.686 degrees longitude.
(H) West Fork Weiser River from a lower point located at 44.808 degrees latitude, and −116.443 degrees longitude to an upper point located at 45.008 degrees latitude, and −116.509 degrees longitude.
(I) Lost Creek from a lower point located at 44.91 degrees latitude, and −116.495 degrees longitude to an upper point located at 45.091 degrees latitude, and −116.503 degrees longitude. Lost Valley Reservoir centered at 44.966 degrees latitude, and −116.462 degrees longitude.
(J) Dewey Creek from a lower point located at 44.807 degrees latitude, and −116.277 degrees longitude to an upper point located at 44.772 degrees latitude, and −116.275 degrees longitude. East Fork Weiser River from a lower point located at 44.847 degrees latitude, and −116.379 degrees longitude to an upper point located at 44.729 degrees latitude, and −116.278 degrees longitude.
(vii) Critical Habitat Subunit—Upper South Fork Payette River.
(A) Baron Creek from a lower point located at 44.137 degrees latitude, and −115.148 degrees longitude to an upper point located at 44.094 degrees latitude, and −115.027 degrees longitude. Deadwood River from a lower point located at 44.079 degrees latitude, and −115.657 degrees longitude to an upper point located at 44.294 degrees latitude, and −115.645 degrees longitude. North Fork Baron Creek from a lower point located at 44.131 degrees latitude, and −115.101 degrees longitude to an upper point located at 44.145 degrees latitude, and −115.077 degrees longitude. South Fork Payette River from a lower point located at 44.103 degrees latitude, and −115.999 degrees longitude to an upper point located at 43.999 degrees latitude, and −115.039 degrees longitude.
(B) Scott Creek from a lower point located at 44.223 degrees latitude, and −115.648 degrees longitude to an upper point located at 44.191 degrees latitude, and −115.761 degrees longitude. Smith Creek from a lower point located at 44.214 degrees latitude, and −115.709 degrees longitude to an upper point located at 44.2 degrees latitude, and −115.757 degrees longitude. South Fork Scott Creek from a lower point located at 44.222 degrees latitude, and −115.66 degrees longitude to an upper point located at 44.187 degrees latitude, and −115.702 degrees longitude.
(C) Ninemile Creek from a lower point located at 44.231 degrees latitude, and −115.647 degrees longitude to an upper point located at 44.232 degrees latitude, and −115.747 degrees longitude.
(D) No Man Creek from a lower point located at 44.247 degrees latitude, and −115.629 degrees longitude to an upper point located at 44.247 degrees latitude, and −115.59 degrees longitude. Unnamed creek 1 off Deadwood River from a lower point located at 44.24 degrees latitude, and −115.632 degrees longitude to an upper point located at 44.226 degrees latitude, and −115.616 degrees longitude. Unnamed creek 2 off Deadwood River from a lower point located at 44.276 degrees latitude, and −115.635 degrees longitude to an upper point located at 44.269 degrees latitude, and −115.653 degrees longitude.
(E) North Fork Whitehawk Creek from a lower point located at 44.277 degrees latitude, and −115.584 degrees longitude to an upper point located at 44.291 degrees latitude, and −115.538 degrees longitude. Whitehawk Creek from a lower point located at 44.275 degrees latitude, and −115.635 degrees
(F) East Fork Warm Springs Creek from a lower point located at 44.294 degrees latitude, and −115.621 degrees longitude to an upper point located at 44.317 degrees latitude, and −115.537 degrees longitude. Middle Fork Warm Springs Creek from a lower point located at 44.326 degrees latitude, and −115.598 degrees longitude to an upper point located at 44.351 degrees latitude, and −115.565 degrees longitude. Unnamed creek off East Fork Warm Springs Creek from a lower point located at 44.312 degrees latitude, and −115.577 degrees longitude to an upper point located at 44.324 degrees latitude, and −115.563 degrees longitude. Unnamed creek off Middle Fork Warm Springs Creek from a lower point located at 44.332 degrees latitude, and −115.579 degrees longitude to an upper point located at 44.324 degrees latitude, and −115.54 degrees longitude. Warm Springs Creek from a lower point located at 44.279 degrees latitude, and −115.63 degrees longitude to an upper point located at 44.367 degrees latitude, and −115.579 degrees longitude.
(G) Wilson Creek from a lower point located at 44.292 degrees latitude, and −115.641 degrees longitude to an upper point located at 44.366 degrees latitude, and −115.564 degrees longitude.
(H) Clear Creek from a lower point located at 44.082 degrees latitude, and −115.61 degrees longitude to an upper point located at 44.229 degrees latitude, and −115.408 degrees longitude. Long Creek from a lower point located at 44.129 degrees latitude, and −115.579 degrees longitude to an upper point located at 44.153 degrees latitude, and −115.532 degrees longitude. South Fork Clear Creek from a lower point located at 44.232 degrees latitude, and −115.439 degrees longitude to an upper point located at 44.183 degrees latitude, and −115.483 degrees longitude. Unnamed creek off Long Creek from a lower point located at 44.148 degrees latitude, and −115.546 degrees longitude to an upper point located at 44.137 degrees latitude, and −115.534 degrees longitude.
(I) Kettle Creek from a lower point located at 44.107 degrees latitude, and −115.443 degrees longitude to an upper point located at 44.147 degrees latitude, and −115.442 degrees longitude.
(J) East Fork Eightmile Creek from a lower point located at 44.133 degrees latitude, and −115.406 degrees longitude to an upper point located at 44.2 degrees latitude, and −115.354 degrees longitude. Eightmile Creek from a lower point located at 44.118 degrees latitude, and −115.412 degrees longitude to an upper point located at 44.251 degrees latitude, and −115.399 degrees longitude. Unnamed creek 1 off Eightmile Creek from a lower point located at 44.153 degrees latitude, and −115.414 degrees longitude to an upper point located at 44.162 degrees latitude, and −115.451 degrees longitude. Unnamed creek 2 off Eightmile Creek from a lower point located at 44.173 degrees latitude, and −115.4 degrees longitude to an upper point located at 44.195 degrees latitude, and −115.419 degrees longitude. Unnamed creek 3 off Eightmile Creek from a lower point located at 44.174 degrees latitude, and −115.397 degrees longitude to an upper point located at 44.198 degrees latitude, and −115.418 degrees longitude.
(K) Tenmile Creek from a lower point located at 44.12 degrees latitude, and −115.385 degrees longitude to an upper point located at 44.087 degrees latitude, and −115.236 degrees longitude. Unnamed creek 1 off Tenmile Creek from a lower point located at 44.062 degrees latitude, and −115.322 degrees longitude to an upper point located at 44.08 degrees latitude, and −115.303 degrees longitude. Unnamed creek 2 off Tenmile Creek from a lower point located at 44.062 degrees latitude, and −115.304 degrees longitude to an upper point located at 44.041 degrees latitude, and −115.298 degrees longitude. Unnamed creek 3 off Tenmile Creek from a lower point located at 44.069 degrees latitude, and −115.286 degrees longitude to an upper point located at 44.046 degrees latitude, and −115.287 degrees longitude.
(L) Chapman Creek from a lower point located at 44.137 degrees latitude, and −115.314 degrees longitude to an upper point located at 44.097 degrees latitude, and −115.289 degrees longitude.
(M) Gates Creek from a lower point located at 44.292 degrees latitude, and −115.305 degrees longitude to an upper point located at 44.348 degrees latitude, and −115.327 degrees longitude. Warm Spring Creek from a lower point located at 44.144 degrees latitude, and −115.303 degrees longitude to an upper point located at 44.292 degrees latitude, and −115.305 degrees longitude.
(N) Canyon Creek from a lower point located at 44.172 degrees latitude, and −115.243 degrees longitude to an upper point located at 44.303 degrees latitude, and −115.23 degrees longitude. North Fork Canyon Creek from a lower point located at 44.25 degrees latitude, and −115.214 degrees longitude to an upper point located at 44.261 degrees latitude, and −115.198 degrees longitude. South Fork Canyon Creek from a lower point located at 44.237 degrees latitude, and −115.213 degrees longitude to an upper point located at 44.226 degrees latitude, and −115.191 degrees longitude. Unnamed creek off North Fork Canyon Creek from a lower point located at 44.261 degrees latitude, and −115.198 degrees longitude to an upper point located at 44.241 degrees latitude, and −115.165 degrees longitude.
(O) Wapiti Creek from a lower point located at 44.162 degrees latitude, and −115.19 degrees longitude to an upper point located at 44.117 degrees latitude, and −115.201 degrees longitude.
(P) Trail Creek from a lower point located at 44.146 degrees latitude, and −115.153 degrees longitude to an upper point located at 44.164 degrees latitude, and −115.092 degrees longitude.
(viii) Critical Habitat Subunit—North Fork Payette River.
(A) Foolhen Creek from a lower point located at 44.687 degrees latitude, and −115.878 degrees longitude to an upper point located at 44.739 degrees latitude, and −115.842 degrees longitude. Gold Fork River from a lower point located at 44.697 degrees latitude, and −116.053 degrees longitude to an upper point located at 44.674 degrees latitude, and −115.896 degrees longitude. Lodgepole Creek from a lower point located at 44.69 degrees latitude, and −115.866 degrees longitude to an upper point located at 44.728 degrees latitude, and −115.843 degrees longitude. North Fork Gold Fork River from a lower point located at 44.674 degrees latitude, and −115.896 degrees longitude to an upper point located at 44.756 degrees latitude, and −115.8 degrees longitude. South Fork Gold Fork River from a lower point located at 44.674 degrees latitude, and −115.896 degrees longitude to an upper point located at 44.653 degrees latitude, and −115.839 degrees longitude. Spruce Creek from a lower point located at 44.689 degrees latitude, and −115.87 degrees longitude to an upper point located at 44.672 degrees latitude, and −115.848 degrees longitude. Unnamed creek 1 off North Fork Gold Fork River from a lower point located at 44.704 degrees latitude, and −115.833 degrees longitude to an upper point located at 44.726 degrees latitude, and −115.838 degrees longitude. Unnamed creek 2 off North Fork Gold Fork River from a lower point located at 44.704 degrees latitude, and −115.824 degrees longitude to an upper point located at 44.679 degrees latitude, and −115.827 degrees longitude. Unnamed creek 3 off North Fork Gold Fork River from a lower point located at 44.706 degrees latitude, and −115.819 degrees longitude to an upper point located at 44.679 degrees latitude, and −115.811 degrees longitude. Unnamed creek 4 off
(B) Kennally Creek from a lower point located at 44.683 degrees latitude, and −115.974 degrees longitude to an upper point located at 44.781 degrees latitude, and −115.863 degrees longitude. Rapid Creek from a lower point located at 44.749 degrees latitude, and −115.957 degrees longitude to an upper point located at 44.861 degrees latitude, and −115.904 degrees longitude.
(C) Cascade Reservoir centered at 44.599 degrees latitude, and −116.097 degrees longitude.
(D) Lake Fork from a lower point located at 44.75 degrees latitude, and −116.096 degrees longitude to an upper point located at 44.917 degrees latitude, and −115.928 degrees longitude. Little Payette Lake centered at 44.916 degrees latitude, and −116.033 degrees longitude. North Fork Lake Fork from a lower point located at 44.923 degrees latitude, and −115.945 degrees longitude to an upper point located at 44.998 degrees latitude, and −115.921 degrees longitude. South Fork Lake Fork from a lower point located at 44.917 degrees latitude, and −115.928 degrees longitude to an upper point located at 44.875 degrees latitude, and −115.902 degrees longitude.
(ix) Critical Habitat Subunit—Squaw Creek.
(A) Poison Creek from a lower point located at 44.479 degrees latitude, and −116.185 degrees longitude to an upper point located at 44.491 degrees latitude, and −116.162 degrees longitude. Pole Creek from a lower point located at 44.471 degrees latitude, and −116.218 degrees longitude to an upper point located at 44.494 degrees latitude, and −116.202 degrees longitude. Squaw Creek from a lower point located at 43.936 degrees latitude, and −116.366 degrees longitude to an upper point located at 44.436 degrees latitude, and −116.152 degrees longitude. Unnamed creek 1 off Squaw Creek from a lower point located at 44.47 degrees latitude, and −116.219 degrees longitude to an upper point located at 44.455 degrees latitude, and −116.199 degrees longitude. Unnamed creek 2 off Squaw Creek from a lower point located at 44.479 degrees latitude, and −116.193 degrees longitude to an upper point located at 44.46 degrees latitude, and −116.165 degrees longitude. Unnamed creek 3 off Squaw Creek from a lower point located at 44.476 degrees latitude, and −116.19 degrees longitude to an upper point located at 44.457 degrees latitude, and −116.174 degrees longitude.
(B) Antelope Creek from a lower point located at 44.375 degrees latitude, and −116.197 degrees longitude to an upper point located at 44.4 degrees latitude, and −116.168 degrees longitude. Renwick Creek from a lower point located at 44.367 degrees latitude, and −116.195 degrees longitude to an upper point located at 44.397 degrees latitude, and −116.139 degrees longitude. Second Fork Squaw Creek from a lower point located at 44.309 degrees latitude, and −116.31 degrees longitude to an upper point located at 44.404 degrees latitude, and −116.191 degrees longitude. Third Fork Squaw Creek from a lower point located at 44.373 degrees latitude, and −116.3 degrees longitude to an upper point located at 44.453 degrees latitude, and −116.156 degrees longitude. Unnamed creek 1 off Third Fork Squaw Creek from a lower point located at 44.424 degrees latitude, and −116.21 degrees longitude to an upper point located at 44.42 degrees latitude, and −116.148 degrees longitude. Unnamed creek 2 off Third Fork Squaw Creek from a lower point located at 44.416 degrees latitude, and −116.201 degrees longitude to an upper point located at 44.426 degrees latitude, and −116.16 degrees longitude. Unnamed creek 3 off Third Fork Squaw Creek from a lower point located at 44.415 degrees latitude, and −116.19 degrees longitude to an upper point located at 44.421 degrees latitude, and −116.171 degrees longitude. Unnamed creek 4 off Third Fork Squaw Creek from a lower point located at 44.434 degrees latitude, and −116.203 degrees longitude to an upper point located at 44.433 degrees latitude, and −116.168 degrees longitude.
(C) Joes Creek from a lower point located at 44.335 degrees latitude, and −116.176 degrees longitude to an upper point located at 44.372 degrees latitude, and −116.147 degrees longitude. Sage Hen Creek from a lower point located at 44.351 degrees latitude, and −116.209 degrees longitude to an upper point located at 44.373 degrees latitude, and −116.133 degrees longitude. Sage Hen Reservoir centered at 44.329 degrees latitude, and −116.183 degrees longitude. Unnamed creek Into Sage Hen Reservoir from a lower point located at 44.332 degrees latitude, and −116.174 degrees longitude to an upper point located at 44.317 degrees latitude, and −116.161 degrees longitude.
Maps follow for Unit 17, Subunit i; Subunit ii; Subunit iii; Subunit iv; Subunit v; Subunit vi; Subunit vii; Subunit viii; and Subunit ix.
(2) Unit 18—Little Lost River Basin.
(i) Firebox Creek from a lower point located at 44.443 degrees latitude, and −113.38 degrees longitude to an upper point located at 44.434 degrees latitude, and −113.362 degrees longitude. Little Lost River from a lower point located at 43.883 degrees latitude, and −113.096 degrees longitude to an upper point located at 44.452 degrees latitude, and −113.375 degrees longitude. Right Fork Little Lost River from a lower point located at 44.446 degrees latitude, and −113.378 degrees longitude to an upper point located at 44.45 degrees latitude, and −113.37 degrees longitude.
(ii) Badger Creek from a lower point located at 44.059 degrees latitude, and −113.232 degrees longitude to an upper point located at 44.118 degrees latitude, and −113.131 degrees longitude. Bunting Canyon Creek from a lower point located at 44.11 degrees latitude, and −113.137 degrees longitude to an upper point located at 44.107 degrees latitude, and −113.098 degrees longitude.
(iii) Unnamed creek—off Williams Creek from a lower point located at 44.135 degrees latitude, and −113.196 degrees longitude to an upper point located at 44.13 degrees latitude, and −113.175 degrees longitude. Williams Creek from a lower point located at 44.122 degrees latitude, and −113.237 degrees longitude to an upper point located at 44.135 degrees latitude, and −113.196 degrees longitude.
(iv) Big Creek from a lower point located at 44.063 degrees latitude, and −113.429 degrees longitude to an upper point located at 44.062 degrees latitude, and −113.503 degrees longitude. Wet Creek from a lower point located at 44.14 degrees latitude, and −113.244 degrees longitude to an upper point located at 44.027 degrees latitude, and −113.473 degrees longitude.
(v) Warm Creek from a lower point located at 44.306 degrees latitude, and −113.337 degrees longitude to an upper point located at 44.31 degrees latitude, and −113.302 degrees longitude.
(vi) North Fork Squaw Creek from a lower point located at 44.356 degrees latitude, and −113.329 degrees longitude to an upper point located at 44.38 degrees latitude, and −113.329 degrees longitude. Squaw Creek from a lower point located at 44.334 degrees latitude, and −113.356 degrees longitude to an upper point located at 44.375 degrees latitude, and −113.304 degrees longitude. Unnamed creek off Squaw Creek from a lower point located at 44.359 degrees latitude, and −113.325 degrees longitude to an upper point located at 44.36 degrees latitude, and −113.314 degrees longitude.
(vii) Mill Creek from a lower point located at 44.357 degrees latitude, and −113.374 degrees longitude to an upper point located at 44.387 degrees latitude, and −113.344 degrees longitude.
(viii) Hawley Creek from a lower point located at 44.379 degrees latitude, and −113.403 degrees longitude to an upper point located at 44.37 degrees latitude, and −113.425 degrees longitude. Iron Creek from a lower point located at 44.379 degrees latitude, and −113.4 degrees longitude to an upper point located at 44.387 degrees latitude, and −113.434 degrees longitude. Jackson Creek from a lower point located at 44.38 degrees latitude, and −113.412 degrees longitude to an upper point located at 44.376 degrees latitude, and −113.435 degrees longitude. Left Fork Iron Creek from a lower point located at 44.387 degrees latitude, and −113.434 degrees longitude to an upper point located at 44.384 degrees latitude, and −113.446 degrees longitude. Right Fork Iron Creek from a lower point located at 44.387 degrees latitude, and −113.434 degrees longitude to an upper point located at 44.389 degrees latitude, and −113.437 degrees longitude.
(ix) Camp Creek from a lower point located at 44.411 degrees latitude, and −113.417 degrees longitude to an upper point located at 44.408 degrees latitude, and −113.432 degrees longitude. Redrock Creek from a lower point located at 44.414 degrees latitude, and −113.419 degrees longitude to an upper point located at 44.417 degrees latitude, and −113.432 degrees longitude. Slide Creek from a lower point located at 44.432 degrees latitude, and −113.436 degrees longitude to an upper point located at 44.433 degrees latitude, and −113.441 degrees longitude. Timber Creek from a lower point located at 44.394 degrees latitude, and −113.408 degrees longitude to an upper point located at 44.437 degrees latitude, and −113.436 degrees longitude.
(x) Smithie Fork from a lower point located at 44.43 degrees latitude, and −113.393 degrees longitude to an upper point located at 44.466 degrees latitude, and −113.397 degrees longitude.
Map follows for Unit 18.
(23) Unit 19—Lower Columbia River Basin.
(i) Critical Habitat Subunit—Lewis River.
(A) Lewis River from a lower point located at 45.85 degrees latitude, and
(B) Lake Merwin centered at 45.985 degrees latitude, and −122.485 degrees longitude. Speelyai Creek from a lower point located at 45.988 degrees latitude, and −122.406 degrees longitude to an upper point located at 46.008 degrees latitude, and −122.346 degrees longitude.
(C) Cougar Creek from a lower point located at 46.055 degrees latitude, and −122.292 degrees longitude to an upper point located at 46.071 degrees latitude, and −122.267 degrees longitude. Ole Creek from a lower point located at 46.055 degrees latitude, and −122.236 degrees longitude to an upper point located at 46.047 degrees latitude, and −122.237 degrees longitude. Rain Creek from a lower point located at 46.051 degrees latitude, and −122.238 degrees longitude to an upper point located at 46.053 degrees latitude, and −122.222 degrees longitude. Yale Lake centered at 46.012 degrees latitude, and −122.311 degrees longitude.
(D) Swift Creek from a lower point located at 46.083 degrees latitude, and −122.198 degrees longitude to an upper point located at 46.085 degrees latitude, and −122.202 degrees longitude. Swift Creek Reservoir centered at 46.056 degrees latitude, and −122.113 degrees longitude. Unnamed creek off Swift Creek Reservoir from a lower point located at 46.043 degrees latitude, and −122.038 degrees longitude to an upper point located at 46.03 degrees latitude, and −122.024 degrees longitude.
(E) Pine Creek from a lower point located at 46.071 degrees latitude, and −122.016 degrees longitude to an upper point located at 46.142 degrees latitude, and −122.095 degrees longitude. Rush Creek from a lower point located at 46.075 degrees latitude, and −121.936 degrees longitude to an upper point located at 46.055 degrees latitude, and −121.915 degrees longitude. Unnamed creek 1 off Pine Creek from a lower point located at 46.092 degrees latitude, and −122.058 degrees longitude to an upper point located at 46.099 degrees latitude, and −122.068 degrees longitude. Unnamed creek 2 off Pine Creek from a lower point located at 46.104 degrees latitude, and −122.062 degrees longitude to an upper point located at 46.14 degrees latitude, and −122.081 degrees longitude. Unnamed creek 3 off Pine Creek from a lower point located at 46.12 degrees latitude, and −122.076 degrees longitude to an upper point located at 46.123 degrees latitude, and −122.087 degrees longitude.
(ii) Critical Habitat Subunit—White Salmon River.
(A) Northwestern Lake centered at 45.775 degrees latitude, and −121.529 degrees longitude. White Salmon River from a lower point located at 45.723 degrees latitude, and −121.521 degrees longitude to an upper point located at 45.897 degrees latitude, and −121.503 degrees longitude.
(B) [Reserved]
(iii) Critical Habitat Subunit—Klickitat River.
(A) Klickitat River from a lower point located at 45.691 degrees latitude, and −121.293 degrees longitude to an upper point located at 46.255 degrees latitude, and −121.239 degrees longitude.
(B) Clearwater Creek from a lower point located at 46.276 degrees latitude, and −121.327 degrees longitude to an upper point located at 46.278 degrees latitude, and −121.33 degrees longitude. Fish Lake Stream from a lower point located at 46.275 degrees latitude, and −121.312 degrees longitude to an upper point located at 46.342 degrees latitude, and −121.368 degrees longitude. Little Muddy Creek from a lower point located at 46.275 degrees latitude, and −121.312 degrees longitude to an upper point located at 46.278 degrees latitude, and −121.352 degrees longitude. Trappers Creek from a lower point located at 46.275 degrees latitude, and −121.33 degrees longitude to an upper point located at 46.29 degrees latitude, and −121.362 degrees longitude. Two Lakes Stream from a lower point located at 46.342 degrees latitude, and −121.368 degrees longitude to an upper point located at 46.34 degrees latitude, and −121.384 degrees longitude. Unnamed creek off Fish Lake Stream from a lower point located at 46.331 degrees latitude, and −121.359 degrees longitude to an upper point located at 46.323 degrees latitude, and −121.437 degrees longitude. West Fork Klickitat River from a lower point located at 46.242 degrees latitude, and −121.246 degrees longitude to an upper point located at 46.275 degrees latitude, and −121.312 degrees longitude.
Map follows for Unit 19.
(24) Unit 20—Middle Columbia River Basin.
(i) Yakima River from a lower point located at 46.529 degrees latitude, and −120.472 degrees longitude to an upper point located at 47.322 degrees latitude, and −121.339 degrees longitude.
(ii) Ahtanum Creek from a lower point located at 46.529 degrees latitude, and −120.472 degrees longitude to an upper point located at 46.523 degrees latitude, and −120.853 degrees longitude. Middle Fork Ahtanum Creek from a lower point located at 46.518 degrees latitude, and −121.014 degrees longitude to an upper point located at 46.507 degrees latitude, and −121.179 degrees longitude. North Fork Ahtanum Creek from a lower point located at 46.523 degrees latitude, and −120.853 degrees longitude to an upper point located at 46.538 degrees latitude, and −121.211 degrees longitude. Shellneck Creek from a lower point located at 46.531 degrees latitude, and −121.158 degrees longitude to an upper point located at 46.516 degrees latitude, and −121.187 degrees longitude. South Fork Ahtanum Creek from a lower point located at 46.523 degrees latitude, and −120.853 degrees longitude to an upper point located at 46.454 degrees latitude, and −121.118 degrees longitude.
(iii) Naches River from a lower point located at 46.63 degrees latitude, and −120.514 degrees longitude to an upper point located at 46.989 degrees latitude, and −121.094 degrees longitude.
(iv) Tieton River from a lower point located at 46.746 degrees latitude, and −120.786 degrees longitude to an upper point located at 46.656 degrees latitude, and −121.129 degrees longitude.
(v) North Fork Tieton River from a lower point located at 46.635 degrees latitude, and −121.261 degrees longitude to an upper point located at 46.508 degrees latitude, and −121.435 degrees longitude. Rimrock Lake centered at 46.639 degrees latitude, and −121.179 degrees longitude.
(vi) Bear Creek from a lower point located at 46.539 degrees latitude, and −121.259 degrees longitude to an upper point located at 46.54 degrees latitude, and −121.281 degrees longitude. Grey Creek from a lower point located at 46.592 degrees latitude, and −121.222 degrees longitude to an upper point located at 46.594 degrees latitude, and −121.225 degrees longitude. Short And Dirty Creek from a lower point located at 46.617 degrees latitude, and −121.149 degrees longitude to an upper point located at 46.616 degrees latitude, and −121.148 degrees longitude. South Fork Tieton River from a lower point located at 46.627 degrees latitude, and −121.132 degrees longitude to an upper point located at 46.496 degrees latitude, and −121.314 degrees longitude. Spruce Creek from a lower point located at 46.591 degrees latitude, and −121.218 degrees longitude to an upper point located at 46.586 degrees latitude, and −121.211 degrees longitude.
(vii) Indian Creek from a lower point located at 46.641 degrees latitude, and −121.248 degrees longitude to an upper point located at 46.696 degrees latitude, and −121.3 degrees longitude.
(viii) Clear Lake centered at 46.629 degrees latitude, and −121.279 degrees longitude.
(ix) Dog Creek from a lower point located at 46.787 degrees latitude, and −121.167 degrees longitude to an upper point located at 46.794 degrees latitude, and −121.177 degrees longitude. Hindoo Creek from a lower point located at 46.785 degrees latitude, and −121.163 degrees longitude to an upper point located at 46.781 degrees latitude, and −121.181 degrees longitude. Little Wildcat Creek from a lower point located at 46.731 degrees latitude, and −121.234 degrees longitude to an upper point located at 46.687 degrees latitude, and −121.266 degrees longitude. Rattlesnake Creek from a lower point located at 46.82 degrees latitude, and −120.929 degrees longitude to an upper point located at 46.76 degrees latitude, and −121.315 degrees longitude.
(x) Little Naches River from a lower point located at 46.989 degrees latitude, and −121.094 degrees longitude to an upper point located at 47.015 degrees latitude, and −121.133 degrees longitude.
(xi) Crow Creek from a lower point located at 47.015 degrees latitude, and −121.133 degrees longitude to an upper point located at 47.017 degrees latitude, and −121.317 degrees longitude.
(xii) Bumping Lake centered at 46.851 degrees latitude, and −121.326 degrees longitude. Bumping River from a lower point located at 46.989 degrees latitude, and −121.094 degrees longitude to an upper point located at 46.868 degrees latitude, and −121.298 degrees longitude.
(xiii) Deep Creek from a lower point located at 46.844 degrees latitude, and −121.316 degrees longitude to an upper point located at 46.804 degrees latitude, and −121.321 degrees longitude.
(xiv) American River from a lower point located at 46.976 degrees latitude, and −121.157 degrees longitude to an upper point located at 46.901 degrees latitude, and −121.415 degrees longitude. Kettle Creek from a lower point located at 46.942 degrees latitude, and −121.326 degrees longitude to an upper point located at 46.917 degrees latitude, and −121.341 degrees longitude. Timber Creek from a lower point located at 46.914 degrees latitude, and −121.385 degrees longitude to an upper point located at 46.907 degrees latitude, and −121.381 degrees longitude. Union Creek from a lower point located at 46.932 degrees latitude, and −121.357 degrees longitude to an upper point located at 46.937 degrees latitude, and −121.361 degrees longitude.
(xv) North Fork Taneaum Creek from a lower point located at 47.112 degrees latitude, and −120.932 degrees longitude to an upper point located at 47.109 degrees latitude, and −121.144 degrees longitude. South Fork Taneaum Creek from a lower point located at 47.112 degrees latitude, and −120.932 degrees longitude to an upper point located at 47.081 degrees latitude, and −121.083 degrees longitude. Taneaum Creek from a lower point located at 47.092 degrees latitude, and −120.708 degrees longitude to an upper point located at 47.112 degrees latitude, and −120.932 degrees longitude.
(xvi) DeRoux Creek from a lower point located at 47.419 degrees latitude, and −120.94 degrees longitude to an upper point located at 47.442 degrees latitude, and −120.979 degrees longitude. Jack Creek from a lower point located at 47.319 degrees latitude, and −120.855 degrees longitude to an upper point located at 47.334 degrees latitude, and −120.742 degrees longitude. Jungle Creek from a lower point located at 47.333 degrees latitude, and −120.855 degrees longitude to an upper point located at 47.333 degrees latitude, and −120.923 degrees longitude. North Fork Teanaway River from a lower point located at 47.251 degrees latitude, and −120.877 degrees longitude to an upper point located at 47.454 degrees latitude, and −120.965 degrees longitude. Teanaway River from a lower point located at 47.167 degrees latitude, and −120.834 degrees longitude to an upper point located at 47.257 degrees latitude, and −120.897 degrees longitude.
(xvii) Middle Fork Teanaway River from a lower point located at 47.257 degrees latitude, and −120.897 degrees longitude to an upper point located at 47.42 degrees latitude, and −120.992 degrees longitude.
(xviii) Cle Elum River from a lower point located at 47.177 degrees latitude, and −120.99 degrees longitude to an upper point located at 47.589 degrees latitude, and −121.161 degrees longitude.
(xix) Cle Elum Lake centered at 47.28 degrees latitude, and −121.105 degrees longitude. Cooper River from a lower point located at 47.391 degrees latitude, and −121.098 degrees longitude to an
(xx) Kachess River from a lower point located at 47.251 degrees latitude, and −121.2 degrees longitude to an upper point located at 47.429 degrees latitude, and −121.222 degrees longitude. Mineral Creek from a lower point located at 47.42 degrees latitude, and −121.24 degrees longitude to an upper point located at 47.424 degrees latitude, and −121.251 degrees longitude.
(xxi) Box Canyon Creek from a lower point located at 47.361 degrees latitude, and −121.243 degrees longitude to an upper point located at 47.377 degrees latitude, and −121.257 degrees longitude. Kachess Lake centered at 47.317 degrees latitude, and −121.227 degrees longitude.
(xxii) Gold Creek from a lower point located at 47.39 degrees latitude, and −121.382 degrees longitude to an upper point located at 47.475 degrees latitude, and −121.316 degrees longitude. Keechelus Lake centered at 47.349 degrees latitude, and −121.367 degrees longitude.
Map follows for Unit 20.
(25) Unit 21—Upper Columbia River Basin.
(i) Critical Habitat Subunit—Wenatchee River.
(A) Lake Wenatchee centered at 47.823 degrees latitude, and −120.777 degrees longitude. Wenatchee River from a lower point located at 47.456 degrees latitude, and −120.316 degrees longitude to an upper point located at 47.808 degrees latitude, and −120.727 degrees longitude.
(B) Ingalls Creek from a lower point located at 47.463 degrees latitude, and −120.66 degrees longitude to an upper point located at 47.449 degrees latitude, and −120.858 degrees longitude. Peshastin Creek from a lower point located at 47.558 degrees latitude, and −120.573 degrees longitude to an upper point located at 47.443 degrees latitude, and −120.662 degrees longitude.
(C) French Creek from a lower point located at 47.628 degrees latitude, and −120.961 degrees longitude to an upper point located at 47.593 degrees latitude, and −121.041 degrees longitude. Icicle Creek from a lower point located at 47.58 degrees latitude, and −120.666 degrees longitude to an upper point located at 47.695 degrees latitude, and −121.054 degrees longitude. Jack Creek from a lower point located at 47.608 degrees latitude, and −120.898 degrees longitude to an upper point located at 47.53 degrees latitude, and −120.951 degrees longitude.
(D) Chiwaukum Creek from a lower point located at 47.679 degrees latitude, and −120.727 degrees longitude to an upper point located at 47.714 degrees latitude, and −120.834 degrees longitude.
(E) Alpine Creek from a lower point located at 48.084 degrees latitude, and −120.863 degrees longitude to an upper point located at 48.083 degrees latitude, and −120.865 degrees longitude. Buck Creek from a lower point located at 48.104 degrees latitude, and −120.877 degrees longitude to an upper point located at 48.106 degrees latitude, and −120.885 degrees longitude. Chikamin Creek from a lower point located at 47.904 degrees latitude, and −120.73 degrees longitude to an upper point located at 48.011 degrees latitude, and −120.722 degrees longitude. Chiwawa River from a lower point located at 47.788 degrees latitude, and −120.658 degrees longitude to an upper point located at 48.104 degrees latitude, and −120.877 degrees longitude. James Creek from a lower point located at 48.077 degrees latitude, and −120.856 degrees longitude to an upper point located at 48.075 degrees latitude, and −120.86 degrees longitude. Phelps Creek from a lower point located at 48.071 degrees latitude, and −120.851 degrees longitude to an upper point located at 48.081 degrees latitude, and −120.838 degrees longitude. Rock Creek from a lower point located at 47.963 degrees latitude, and −120.795 degrees longitude to an upper point located at 48.037 degrees latitude, and −120.762 degrees longitude.
(F) Mill Creek from a lower point located at 47.777 degrees latitude, and −121.01 degrees longitude to an upper point located at 47.772 degrees latitude, and −121.02 degrees longitude. Nason Creek from a lower point located at 47.81 degrees latitude, and −120.715 degrees longitude to an upper point located at 47.784 degrees latitude, and −121.027 degrees longitude.
(G) Little Wenatchee River from a lower point located at 47.827 degrees latitude, and −120.818 degrees longitude to an upper point located at 47.846 degrees latitude, and −120.932 degrees longitude.
(H) Canyon Creek from a lower point located at 47.907 degrees latitude, and −120.894 degrees longitude to an upper point located at 47.891 degrees latitude, and −120.964 degrees longitude. Napeequa River from a lower point located at 47.922 degrees latitude, and −120.896 degrees longitude to an upper point located at 47.938 degrees latitude, and −120.872 degrees longitude. Panther Creek from a lower point located at 47.941 degrees latitude, and −120.928 degrees longitude to an upper point located at 47.938 degrees latitude, and −120.941 degrees longitude. White River from a lower point located at 47.834 degrees latitude, and −120.814 degrees longitude to an upper point located at 47.953 degrees latitude, and −120.939 degrees longitude.
(ii) Critical Habitat Subunit—Entiat River.
(A) Entiat River from a lower point located at 47.661 degrees latitude, and −120.217 degrees longitude to an upper point located at 47.92 degrees latitude, and −120.506 degrees longitude.
(B) Mad River from a lower point located at 47.736 degrees latitude, and −120.362 degrees longitude to an upper point located at 47.864 degrees latitude, and −120.607 degrees longitude. Tillicum Creek from a lower point located at 47.748 degrees latitude, and −120.393 degrees longitude to an upper point located at 47.724 degrees latitude, and −120.438 degrees longitude.
(iii) Critical Habitat Subunit—Methow River.
(A) Methow River from a lower point located at 48.05 degrees latitude, and −119.893 degrees longitude to an upper point located at 48.586 degrees latitude, and −120.744 degrees longitude. Rattlesnake Creek from a lower point located at 48.649 degrees latitude, and −120.564 degrees longitude to an upper point located at 48.695 degrees latitude, and −120.635 degrees longitude. Robinson Creek from a lower point located at 48.66 degrees latitude, and −120.537 degrees longitude to an upper point located at 48.75 degrees latitude, and −120.633 degrees longitude. Trout Creek from a lower point located at 48.64 degrees latitude, and −120.598 degrees longitude to an upper point located at 48.664 degrees latitude, and −120.709 degrees longitude.
(B) Crater Creek from a lower point located at 48.214 degrees latitude, and −120.208 degrees longitude to an upper point located at 48.215 degrees latitude, and −120.268 degrees longitude. Gold Creek from a lower point located at 48.188 degrees latitude, and −120.094 degrees longitude to an upper point located at 48.185 degrees latitude, and −120.115 degrees longitude. N. Fork Gold Creek from a lower point located at 48.185 degrees latitude, and −120.115 degrees longitude to an upper point located at 48.214 degrees latitude, and −120.208 degrees longitude.
(C) Beaver Creek from a lower point located at 48.327 degrees latitude, and −120.065 degrees longitude to an upper point located at 48.486 degrees latitude, and −120.004 degrees longitude. Blue Buck Creek from a lower point located at 48.486 degrees latitude, and −120.004 degrees longitude to an upper point located at 48.553 degrees latitude, and −119.962 degrees longitude.
(D) Buttermilk Creek from a lower point located at 48.363 degrees latitude, and −120.338 degrees longitude to an upper point located at 48.34 degrees latitude, and −120.302 degrees longitude. East Fork Buttermilk Creek from a lower point located at 48.34 degrees latitude, and −120.302 degrees longitude to an upper point located at 48.299 degrees latitude, and −120.298 degrees longitude. Little Bridge Creek from a lower point located at 48.379 degrees latitude, and −120.285 degrees longitude to an upper point located at 48.449 degrees latitude, and −120.431 degrees longitude. North Creek from a lower point located at 48.454 degrees latitude, and −120.562 degrees longitude to an upper point located at 48.464 degrees latitude, and −120.557 degrees longitude. Reynolds Creek from a lower point located at 48.406 degrees latitude, and −120.478 degrees longitude to an upper point located at 48.403 degrees latitude, and −120.491 degrees longitude. Twisp River from a lower point located at 48.369 degrees latitude, and −120.118 degrees longitude to an upper point located at
(E) Black Lake centered at 48.829 degrees latitude, and −120.207 degrees longitude. Chewuch River from a lower point located at 48.476 degrees latitude, and −120.182 degrees longitude to an upper point located at 48.815 degrees latitude, and −120.019 degrees longitude. Lake Creek from a lower point located at 48.75 degrees latitude, and −120.136 degrees longitude to an upper point located at 48.848 degrees latitude, and −120.237 degrees longitude.
(F) Wolf Creek from a lower point located at 48.491 degrees latitude, and −120.231 degrees longitude to an upper point located at 48.476 degrees latitude, and −120.439 degrees longitude.
(G) Goat Creek from a lower point located at 48.574 degrees latitude, and −120.378 degrees longitude to an upper point located at 48.73 degrees latitude, and −120.359 degrees longitude.
(H) Cedar Creek from a lower point located at 48.589 degrees latitude, and −120.47 degrees longitude to an upper point located at 48.558 degrees latitude, and −120.482 degrees longitude. Early Winters Creek from a lower point located at 48.601 degrees latitude, and −120.436 degrees longitude to an upper point located at 48.504 degrees latitude, and −120.624 degrees longitude. Huckleberry Creek from a lower point located at 48.569 degrees latitude, and −120.472 degrees longitude to an upper point located at 48.512 degrees latitude, and −120.449 degrees longitude.
(I) Cougar Lake centered at 48.881 degrees latitude, and −120.464 degrees longitude. First Hidden Lake centered at 48.899 degrees latitude, and −120.485 degrees longitude. Lost River from a lower point located at 48.65 degrees latitude, and −120.511 degrees longitude to an upper point located at 48.905 degrees latitude, and −120.488 degrees longitude. Middle Hidden Lake centered at 48.908 degrees latitude, and −120.488 degrees longitude. Monument Creek from a lower point located at 48.733 degrees latitude, and −120.448 degrees longitude to an upper point located at 48.803 degrees latitude, and −120.493 degrees longitude.
(J) West Fork Methow River from a lower point located at 48.65 degrees latitude, and −120.511 degrees longitude to an upper point located at 48.586 degrees latitude, and −120.744 degrees longitude.
Maps follow for Unit 21, Subunits i and ii; and Subunit iii.
(26) Unit 22—Northeast Washington River Basins.
(i) Critical Habitat Subunit—Pend Oreille River.
(A) Pend Oreille River from a lower point located at 48.179 degrees latitude, and −116.998 degrees longitude to an upper point located at 48.989 degrees latitude, and −117.348 degrees longitude.
(B) Slate Creek from a lower point located at 48.923 degrees latitude, and −117.332 degrees longitude to an upper point located at 48.948 degrees latitude, and −117.165 degrees longitude.
(C) Harvey Creek from a lower point located at 48.789 degrees latitude, and −117.285 degrees longitude to an upper point located at 48.691 degrees latitude, and −117.182 degrees longitude. Outlet Creek from a lower point located at 48.847 degrees latitude, and −117.288 degrees longitude to an upper point located at 48.839 degrees latitude, and −117.288 degrees longitude. Sullivan Creek from a lower point located at 48.865 degrees latitude, and −117.37 degrees longitude to an upper point located at 48.95 degrees latitude, and −117.07 degrees longitude. Sullivan Lake centered at 48.815 degrees latitude, and −117.289 degrees longitude.
(D) Cedar Creek from a lower point located at 48.742 degrees latitude, and −117.411 degrees longitude to an upper point located at 48.846 degrees latitude, and −117.521 degrees longitude.
(E) Ruby Creek from a lower point located at 48.556 degrees latitude, and −117.342 degrees longitude to an upper point located at 48.568 degrees latitude, and −117.509 degrees longitude.
(F) East Branch Leclerc Creek from a lower point located at 48.534 degrees latitude, and −117.282 degrees longitude to an upper point located at 48.673 degrees latitude, and −117.188 degrees longitude. Fourth Of July Creek from a lower point located at 48.556 degrees latitude, and −117.272 degrees longitude to an upper point located at 48.573 degrees latitude, and −117.2 degrees longitude. LeClerc Creek from a lower point located at 48.518 degrees latitude, and −117.283 degrees longitude to an upper point located at 48.534 degrees latitude, and −117.282 degrees longitude. West Branch LeClerc Creek from a lower point located at 48.534 degrees latitude, and −117.282 degrees longitude to an upper point located at 48.701 degrees latitude, and −117.211 degrees longitude.
(G) Mill Creek from a lower point located at 48.489 degrees latitude, and −117.265 degrees longitude to an upper point located at 48.493 degrees latitude, and −117.239 degrees longitude.
(H) North Fork of S. Fork Tacoma Creek from a lower point located at 48.399 degrees latitude, and −117.361 degrees longitude to an upper point located at 48.436 degrees latitude, and −117.482 degrees longitude. South Fork Tacoma Creek from a lower point located at 48.394 degrees latitude, and −117.323 degrees longitude to an upper point located at 48.432 degrees latitude, and −117.506 degrees longitude. Tacoma Creek from a lower point located at 48.392 degrees latitude, and −117.288 degrees longitude to an upper point located at 48.445 degrees latitude, and −117.507 degrees longitude.
(I) Calispell Creek from a lower point located at 48.344 degrees latitude, and −117.289 degrees longitude to an upper point located at 48.321 degrees latitude, and −117.307 degrees longitude. East Fork Small Creek from a lower point located at 48.328 degrees latitude, and −117.354 degrees longitude to an upper point located at 48.371 degrees latitude, and −117.398 degrees longitude. Small Creek from a lower point located at 48.321 degrees latitude, and −117.307 degrees longitude to an upper point located at 48.337 degrees latitude, and −117.409 degrees longitude.
(J) Indian Creek from a lower point located at 48.243 degrees latitude, and −117.151 degrees longitude to an upper point located at 48.299 degrees latitude, and −117.151 degrees longitude.
(ii) [Reserved]
Map follows for Unit 22.
(27) Unit 23—Snake River Basin in Washington.
(i) Critical Habitat Subunit—Tucannon River.
(A) Tucannon River from a lower point located at 46.558 degrees latitude, and −118.174 degrees longitude to an upper point located at 46.139 degrees latitude, and −117.52 degrees longitude.
(B) Cummings Creek from a lower point located at 46.333 degrees latitude, and −117.674 degrees longitude to an upper point located at 46.219 degrees latitude, and −117.595 degrees longitude.
(C) Hixon Creek from a lower point located at 46.246 degrees latitude, and −117.683 degrees longitude to an upper point located at 46.219 degrees latitude, and −117.651 degrees longitude.
(D) Little Tucannon River from a lower point located at 46.228 degrees latitude, and −117.721 degrees longitude to an upper point located at 46.181 degrees latitude, and −117.751 degrees longitude.
(E) Panjab Creek from a lower point located at 46.205 degrees latitude, and −117.705 degrees longitude to an upper point located at 46.115 degrees latitude, and −117.682 degrees longitude.
(F) Meadow Creek from a lower point located at 46.177 degrees latitude, and −117.718 degrees longitude to an upper point located at 46.102 degrees latitude, and −117.785 degrees longitude.
(G) Turkey Creek from a lower point located at 46.161 degrees latitude, and −117.702 degrees longitude to an upper point located at 46.113 degrees latitude, and −117.738 degrees longitude.
(H) Little Turkey Creek from a lower point located at 46.155 degrees latitude, and −117.736 degrees longitude to an upper point located at 46.116 degrees latitude, and −117.749 degrees longitude.
(I) Cold Creek from a lower point located at 46.191 degrees latitude, and −117.63 degrees longitude to an upper point located at 46.168 degrees latitude, and −117.644 degrees longitude.
(J) Sheep Creek from a lower point located at 46.188 degrees latitude, and −117.624 degrees longitude to an upper point located at 46.195 degrees latitude, and −117.623 degrees longitude.
(K) Bear Creek from a lower point located at 46.168 degrees latitude, and −117.559 degrees longitude to an upper point located at 46.134 degrees latitude, and −117.561 degrees longitude.
(ii) Critical Habitat Subunit—Asotin Creek.
(A) Asotin Creek from a lower point located at 46.345 degrees latitude, and −117.053 degrees longitude to an upper point located at 46.272 degrees latitude, and −117.291 degrees longitude.
(B) George Creek from a lower point located at 46.326 degrees latitude, and −117.105 degrees longitude to an upper point located at 46.118 degrees latitude, and −117.363 degrees longitude.
(C) Wormell Creek from a lower point located at 46.171 degrees latitude, and −117.206 degrees longitude to an upper point located at 46.115 degrees latitude, and −117.201 degrees longitude.
(D) Hefflefinger Creek from a lower point located at 46.169 degrees latitude, and −117.243 degrees longitude to an upper point located at 46.111 degrees latitude, and −117.248 degrees longitude.
(E) Coombs Creek from a lower point located at 46.168 degrees latitude, and −117.253 degrees longitude to an upper point located at 46.109 degrees latitude, and −117.267 degrees longitude.
(F) Charley Creek from a lower point located at 46.289 degrees latitude, and −117.278 degrees longitude to an upper point located at 46.21 degrees latitude, and −117.552 degrees longitude.
(G) N. Fork Asotin Creek from a lower point located at 46.272 degrees latitude, and −117.291 degrees longitude to an upper point located at 46.196 degrees latitude, and −117.568 degrees longitude.
(H) South Fork of N. Fork Asotin Creek from a lower point located at 46.197 degrees latitude, and −117.426 degrees longitude to an upper point located at 46.125 degrees latitude, and −117.468 degrees longitude.
(I) Middle Branch Of N. Fork Asotin Creek from a lower point located at 46.196 degrees latitude, and −117.433 degrees longitude to an upper point located at 46.14 degrees latitude, and −117.487 degrees longitude.
(J) Cougar Creek from a lower point located at 46.205 degrees latitude, and −117.508 degrees longitude to an upper point located at 46.163 degrees latitude, and −117.518 degrees longitude.
Maps follow for Unit 23 Subunit i and for Subunit ii.
(28) Unit 24—Columbia River.
(i) Columbia River from a lower point located at 46.246 degrees latitude, and −124.048 degrees longitude to an upper point located at 48.067 degrees latitude, and −119.516 degrees longitude.
(ii) [Reserved]
(29) Unit 25—Snake River.
(i) Snake River from a lower point located at 46.189 degrees latitude, and −119.03 degrees longitude to an upper point located at 44.243 degrees latitude, and −117.041 degrees longitude.
(ii) [Reserved]
Map follows for Units 24 and 25.
Fish and Wildlife Service, Interior.
Notice of document availability.
We, the U.S. Fish and Wildlife Service, announce the availability of 25 chapters of the draft recovery plan for the bull trout (
We will consider comments on the 25 chapters of the draft recovery plan for bull trout received by February 27, 2003.
The document is available online at
Comments may be submitted electronically to us at the following email address:
Jeri Wood, Fish and Wildlife Biologist, 1387 S. Vinnell Way, Room 368, Boise, Idaho 83709 (phone: 208-378-5243).
Recovery of endangered or threatened animals and plants is a primary goal of our endangered species program and the Act. A species is considered recovered when the species' ecosystem is restored and/or threats to the species are removed so that self-sustaining and self-regulating populations of the species can be supported as persistent members of native biotic communities. Recovery plans describe actions considered necessary for the conservation of the species, establish criteria for downlisting or delisting listed species, and estimate time and cost for implementing the measures needed for recovery.
The Act requires the development of recovery plans for listed species unless such a plan would not promote the conservation of a particular species. Section 4(f) of the Act requires that public notice and an opportunity for public review and comment be provided during recovery plan development. We will consider all information presented during a public comment period prior to approval of each new or revised recovery plan. We, along with other Federal agencies, will also take these comments into account in the course of implementing approved recovery plans. Individual responses to comments will not be provided.
Bull trout are char native to the Pacific northwest and western Canada. We identified five distinct population segments of bull trout in five states, and issued a final rule listing the Columbia River (Idaho, Montana, Oregon, and Washington) and Klamath River (Oregon) population segments of bull trout as threatened species on June 10, 1998 (63 FR 31647). The Jarbidge River population segment (Idaho and Nevada) was listed as threatened on April 8, 1999 (64 FR 17110). The Coastal-Puget Sound (Washington) and St. Mary-Belly River (Montana) population segments were listed as threatened on November 1, 1999 (64 FR 58910), which resulted in all bull trout in the coterminous United States being listed as threatened.
Bull trout have more specific habitat requirements than most other salmonid fish. Habitat components that influence bull trout distribution and abundance include water temperature, cover, channel form and stability, spawning and rearing substrate conditions, and migratory corridors. Bull trout require colder water than most other salmonids for incubation, juvenile rearing, and spawning. All life-history stages of bull trout are associated with complex forms of cover, including large woody debris, undercut banks, boulders, and pools. Alterations in channel form and reductions in channel stability influence bull trout due to habitat degradation and negative effects on early life-history stages. Channel alterations may reduce the abundance and quality of side channels, stream margins, and pools, which are areas bull trout frequently inhabit. Because bull trout have a relatively long incubation and development period within spawning gravel (greater than 200 days), bedload transport in unstable channels may kill young bull trout. Spawning and rearing areas are often associated with cold-water springs, groundwater infiltration, and the coldest streams in a watershed.
Bull trout distribution, abundance, and habitat quality have declined range wide. These declines are the results of combined effects of habitat degradation and fragmentation; the blockage of migratory corridors; poor water quality; angler harvest and poaching; diversion structures that cause injuries or fatalities; and introduced nonnative species. Specific land and water management activities that have degraded and continue to depress bull trout populations and degrade habitat include dams and other diversion structures, forest management practices, livestock grazing, agriculture, road construction and maintenance, mining, and urban and rural development.
Because the threatened bull trout population segments are widely distributed over a large area, and population segments were subject to listing at different times, we adopted a two-tiered approach to develop the draft recovery plan for bull trout. The first tier addresses broad aspects of bull trout recovery that apply at the level of population segments. The second tier addresses bull trout recovery in smaller areas, such as specific river basin areas or collections of river basins within population segments, termed “recovery units.” We relied on two types of teams to assist in developing the draft recovery plan.
To address “big-picture” issues, such as identifying an overall recovery strategy, designating recovery units, and providing guidance in developing the recovery plan, we convened a recovery oversight team. Membership on the recovery oversight team consisted of our biologists, a representative from State fish and wildlife resource agencies in each of four northwestern States (Idaho, Montana, Oregon, and Washington), and a representative from the Upper Columbia United Tribes (Confederated Tribes of the Colville Reservation, Coeur d'Alene Tribe, Kalispel Tribe, Kootenai Tribe of Idaho, and Spokane Tribe).
To develop local recovery strategies at the recovery unit level, we enlisted the assistance of recovery unit teams, one for each recovery unit or recovery subunit. Membership on the recovery unit teams consisted of persons with technical expertise in various aspects of bull trout biology within each recovery unit, typically representing Federal and State agencies, Tribes, and industry and interest groups. Major tasks of recovery unit teams include: defining recovery for recovery units, including recovery unit-specific objectives and recovery criteria; reviewing factors affecting bull trout; estimating recovery costs; and identifying site-specific recovery actions. Members of the recovery oversight team coordinated the recovery unit teams to ensure consistency among recovery units.
The draft bull trout recovery plan available for public comment differs from many recovery plans in that it is organized into multiple chapters. The introductory chapter (Chapter 1) discusses programmatic issues that broadly apply to bull trout in the coterminous United States. This chapter describes our recovery strategy for bull trout, defines recovery, and identifies recovery tasks applicable to bull trout in general. Each following chapter (Chapters 2 through 28) addresses a specific recovery unit, and describes conditions, defines recovery objectives and criteria, identifies specific recovery tasks, and estimates time and cost required to achieve recovery for a particular recovery unit.
The general goal of all recovery plans is to describe courses of actions necessary for the ultimate delisting of a species. The specific goal of the draft bull trout recovery plan is to ensure the long-term persistence of self-sustaining, complex interacting groups of bull trout distributed across the species' native range in the United States. Recovery of bull trout will require reducing threats to the long-term persistence of populations, maintaining multiple interconnected populations of bull trout across the diverse habitats of their native range, and preserving the diversity of bull trout life-history strategies (
The draft recovery plan provides criteria to assess whether actions have resulted in the recovery of bull trout. The overall recovery criterion for bull trout in the coterminous United States is that all recovery units meet their criteria, as identified in the recovery unit chapters. Criteria specific to each recovery unit are presented in each draft recovery unit chapter. Individual chapters may contain criteria for assessing the status of bull trout and alleviation of threats that are unique to one or several recovery units. However, every draft recovery unit chapter contains criteria to address the following four characteristics: (1) The distribution of bull trout in identified and potential local populations in all core areas within the recovery unit; (2) the estimated abundance of adult bull trout within core areas in the recovery unit, expressed as either a point estimate or a range of individuals; (3) the presence of stable or increasing trends for adult bull trout abundance in the recovery unit; and (4) the restoration of passage at specific barriers identified as inhibiting recovery.
The draft recovery plan identifies specific tasks falling within the following seven categories as necessary to promote recovery: (1) Protect, restore, and maintain suitable habitat conditions for bull trout; (2) prevent and reduce negative effects of nonnative fishes and other nonnative taxa on bull trout; (3) establish fishery management goals and objectives compatible with bull trout recovery, and implement practices to achieve goals; (4) characterize, conserve, and monitor genetic diversity and gene flow among local populations of bull trout; (5) conduct research and monitoring to implement and evaluate bull trout recovery activities, consistent with an adaptive management approach using feedback from implemented, site-specific recovery tasks; (6) use all available conservation programs and regulations to protect and conserve bull trout and bull trout habitats; and (7) assess the implementation of bull trout recovery by recovery units, and revise recovery unit plans based on evaluations.
We solicit written comments on any aspect of the draft recovery plan described, including the estimated costs associated with the recovery tasks outlined in the implementation
The authority for this action is section 4(f) of the Endangered Species Act, 16 U.S.C. 1533 (f).