[Federal Register Volume 72, Number 98 (Tuesday, May 22, 2007)]
[Proposed Rules]
[Pages 28664-28665]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-9590]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
Endangered and Threatened Wildlife and Plants; Status of the Rio
Grande Cutthroat Trout
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of intent to initiate a status review.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce our
intent to initiate a candidate status review for the Rio Grande
cutthroat trout (Oncorhynchus clarki virginalis) to determine if
candidate status is warranted. The Endangered Species Act of 1973, as
amended (Act), requires that we identify species of wildlife and plants
that are endangered or threatened, based on the best available
scientific and commercial information. Through the Federal rulemaking
process, we add these species to the List of Endangered and Threatened
Wildlife at 50 CFR 17.11 or the List of Endangered or Threatened Plants
at 50 CFR 17.12. As part of this program, we maintain a list of species
that we regard as candidates for listing. A candidate is one for which
we have on file sufficient information on biological vulnerability and
threats to support a proposal to list as endangered or threatened but
for which preparation and publication of a proposal is precluded by
higher-priority listing actions. During or prior to April 2008, we will
make a determination concerning the results of the status review for
the Rio Grande cutthroat trout, and, shortly thereafter, we will
publish this determination in the Federal Register.
DATES: We will accept comments and information from all interested
parties for our use in the status review and in preparing a revised
finding until July 6, 2007.
ADDRESSES: If you wish to comment, you may submit your comments and
materials by any of the following methods:
1. You may mail or hand-deliver your written comments and
information to Wally ``J'' Murphy, Field Supervisor, U.S. Fish and
Wildlife Service, New Mexico Ecological Services Field Office, 2105
Osuna NE, Albuquerque, New Mexico 87113.
2. You may fax your comments to Wally ``J'' Murphy, Field
Supervisor, New Mexico Ecological Services Field Office, at (505) 346-
2542.
3. You may send comments by electronic mail (e-mail) to [email protected].
4. You may go to the Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.
In the event that our Internet connection is not functional, please
submit your comments by one of the alternate methods mentioned above.
Comments and materials received, as well as supporting
documentation used in the preparation of candidate status review, will
be available for public inspection, by appointment, during normal
business hours at the New Mexico Ecological Services Field Office, at
the street address above (telephone: (505) 346-2525).
FOR FURTHER INFORMATION CONTACT: Wally ``J'' Murphy, Field Supervisor,
New Mexico Ecological Services Field Office (see ADDRESSES) (telephone:
(505) 346-2525; facsimile: (505) 346-2542). Persons who use a
telecommunications device for the deaf (TDD) may call the Federal
Information Relay Service (FIRS) at 800/877-8339.
SUPPLEMENTARY INFORMATION:
Background
On February 25, 1998, we received a petition from the Southwest
Center for Biological Diversity requesting that the Service add the Rio
Grande cutthroat trout (Onchorynchus clarki virginalis) to the List of
Endangered and Threatened Wildlife. The petition addressed the range-
wide distribution of the Rio Grande cutthroat trout, including
populations in Colorado and New Mexico.
Section 4(b)(3)(B) of the Act requires that we make a finding on
whether a petition to list, delist, or reclassify a species presents
substantial scientific or commercial information indicating that the
petitioned action may be warranted. We subsequently published a notice
of a 90-day finding in the Federal Register (63 FR 49062, September 14,
1998). In the 90-day finding, we concluded that the petition did not
present substantial information indicating that listing of the Rio
Grande cutthroat trout may be warranted.
On June 9, 1999, the Southwest Center for Biological Diversity
filed a complaint challenging the September 14, 1998, 90-day petition
finding as violating the Act and the Administrative Procedure Act (5
U.S.C. 551 et seq). On November 8, 2001, a settlement agreement
executed by both parties (the Service and the Southwest Center for
Biological Diversity) was filed with the court. The settlement
agreement stipulated that we would conduct a candidate status review
for the Rio Grande cutthroat trout.
After completing the candidate status review for the Rio Grande
cutthroat trout, the Service made a determination that listing of the
trout was not warranted because the trout was neither endangered nor
likely to become endangered within the foreseeable future throughout
all or a significant portion of its range. Notice of that determination
was published in the Federal Register on June 11, 2002 (67 FR 39936).
Since that time, the Service has further defined how it analyzes what
constitutes a ``significant portion'' of a species'' range. For
example, in the recent finding regarding the status of the Western
Great Lakes distinct population segment of gray wolf (72 FR 6052,
February 8, 2007), the Service outlined a framework for analyzing
whether a species is in danger of extinction throughout a significant
portion of its range. In addition, in the 5 years since the June 2002
deterimation, a significant amount of new information and data
[[Page 28665]]
relevant to the Rio Grande cutthroat trout's status has been collected,
such that a new candidate status review is prudent.
In light of these developments, the Service has withdrawn the June
11, 2002, candidate status review and the determination based upon that
status review. The Service is initiating a new candidate status review
for the Rio Grande cutthroat trout that is consistent with the new
framework for analyzing ``significant portion of its range'' and that
incorporates new information.
Request for Information
Our determination of candidate status for the Rio Grande cutthroat
trout will be based upon the best available scientific and commercial
data, as required under section 4(b)(1)(A) of the Act. We request that
you submit any information on the Rio Grande cutthroat trout not
previously submitted for our review. We are particularly interested in
any relevant information gathered since June 2002 concerning the
following:
(1) Current population status (e.g., population estimates, age-
structure, trend) for any of the populations of the Rio Grande
cutthroat trout, including methodology used for population estimation
and confidence intervals if available;
(2) Rio Grande cutthroat trout's susceptibility to whirling
disease, and distribution of Rio Grande cutthroat trout infected by
whirling disease in New Mexico and Colorado;
(3) Distribution of Tubifix tubifix worms in the streams of New
Mexico and Colorado and the susceptibility of these worms to infection;
(4) Genetic classification of any Rio Grande cutthroat trout
population(s);
(5) Condition of occupied habitat;
(6) Restoration projects that have been completed, including
translocation, new barrier construction or barrier repair, habitat
improvement projects, or nonnative trout removal projects;
(7) Results of barrier surveys;
(8) Distribution of nonnative trout or their population size and
structure in streams currently occupied by Rio Grande cutthroat trout;
(9) Status of any of the thirteen ``core'' populations identified
in the 2002 status review (see 67 FR 39936);
(10) Current and future threats to Rio Grande cutthroat trout
populations and remaining habitat areas; and
(11) Other regulatory mechanisms that address those threats, and
the success of those mechanisms to date.
(12) Whether any portion of the range of the species is a
significant portion of the range, and whether there are threats in that
portion sufficient to meet the standards for listing under the Act.
Our candidate status review will take into consideration all
comments and any additional information received, including all
previous comments and information submitted during the previous
candidate status review. As such, information provided during the
previous status review does not need to be resubmitted.
If you are submitting e-mail comments, please include ``Attn: Rio
Grande cutthroat trout'' in your e-mail subject header. If you do not
receive a confirmation from the system that we have received your e-
mail, contact us directly by calling our New Mexico Ecological Services
Field Office at (505) 346-2525. Please note that comments must be
received by the date specified in the DATES section in order to be
considered and that the e-mail address ([email protected]) will be
unavailable at the termination of the public comment period.
Before including your address, phone number, e-mail address, or
other personal identifying information in your comment, you should be
aware that your entire comment--including your personal identifying
information--;may be made publicly available at any time. While you can
ask us to withhold your personal identifying information from public
review, we cannot guarantee that we will be able to do so.
Author
The primary author of this notice is the staff of the New Mexico
Ecological Services Field Office.
Authority
The authority for this action is the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.).
Dated: May 11, 2007.
Kenneth Stansell,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. E7-9590 Filed 5-21-07; 8:45 am]
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