[Federal Register Volume 60, Number 112 (Monday, June 12, 1995)]
[Proposed Rules]
[Pages 30824-30826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-14284]



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[[Page 30825]]

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17


Endangered and Threatened Wildlife and Plants; 12-Month Recycled 
Petition Finding for a Petition To List the Bull Trout as Threatened or 
Endangered

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of 12-month recycled petition finding.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) announces a 12-
month recycled petition finding for a petition to list the bull trout 
(Salvelinus confluentus) under the Endangered Species Act of 1973, as 
amended. The Service finds that sufficient information is available on 
the biological vulnerability and threats to the species to support a 
warranted finding to list bull trout as a distinct population segment 
within the conterminous United States. After review of all available 
scientific and commercial information, the Service finds that listing 
this species is warranted, but precluded due to other higher priority 
listing actions. The Service continues to seek data and comments from 
the public on the status and threats to this species.

DATES: The finding announced in this document was made on May 31, 1995. 
Comments and information may be submitted until further notice.

ADDRESSES: Data, information, comments, or questions concerning this 
finding should be submitted to the Idaho State Supervisor, U.S. Fish 
and Wildlife Service, 4696 Overland Road, Room 576, Boise, Idaho, 
83705. The petition, finding, and supporting data are available for 
public inspection, by appointment, during normal business hours at the 
above address.

FOR FURTHER INFORMATION CONTACT:
Idaho State Supervisor (see ADDRESSES section), at 208/334-1931.

SUPPLEMENTARY INFORMATION: 

Background

    Section 4(b)(3)(B)(iii) of the Endangered Species Act (Act) of 
1973, as amended (16 U.S.C. 1531 et seq.), provides that the Service 
may make ``warranted but precluded'' findings on petitions to revise 
the Lists of Endangered and Threatened Wildlife and Plants if an 
immediate proposed rule is precluded by other pending proposals. 
Section 4(b)(3)(C)(i) of Act requires that any petition for which a 12-
month finding of ``warranted but precluded'' is made should be treated 
as if it was resubmitted on the date such finding was made. As a 
result, the Service must make one of the findings described in section 
4(b)(3)(B) within 12 months of the most recent ``warranted but 
precluded'' finding (50 CFR 424.14(b)(4)). On June 10, 1994 the Service 
published a notice of petition finding (59 FR 30254) that determined 
listing a distinct vertebrate population segment of bull trout 
(Salvelinus confluentus) residing in the conterminous United States is 
``warranted, but precluded'' due to other higher priority listing 
actions. This finding was made on a petition received October 30, 1992 
from the Alliance for the Wild Rockies, Inc., Friends of the Wild Swan, 
and Swan View Coalition requesting that the bull trout be listed as an 
endangered species throughout its range. The Service determined that 
the threats facing the bull trout were imminent but of moderate 
magnitude. Therefore, in accordance with the Service's listing priority 
system (48 FR 43098), the listing priority number assigned to this 
population was 9.
    Following the June 10, 1994 ``warranted but precluded'' finding (59 
FR 30254), the Service solicited and continued to evaluate new 
information regarding the status of bull trout, as well as information 
pertinent to the present and future threats facing the species. In 
January 1995, the Service reevaluated the listing priority for the bull 
trout in the conterminous United States. At this time, there was 
uncertainty over the status of pending State and Federal actions, such 
as PACFISH and a new emphasis on timber harvest proposals in areas 
damaged by fires and insects. Following this reevaluation, the Service 
concluded that threats previously considered moderate in several 
watersheds were now of high magnitude and that the majority of the 
populations were subject to imminent threats of high magnitude. On 
January 31, 1995, the service elevated the listing priority for the 
species from 9 to 3.
    In evaluating the current status of the bull trout to make the 
required annual recycled petition finding, information received from a 
variety of agency and private sources has been fully considered. The 
Service has carefully assessed the best scientific and commercial 
information available and has determined that sufficient information 
exists on the biological vulnerability and threats to the species to 
continue to support a warranted finding to list bull trout within the 
conterminous United States. While some of the remaining bull trout 
populations appear to be stable, all populations with one exception 
face one or more threats that may result in their future decline.
    In conjunction with the determination that listing the bull trout 
within the conterminous United States was warranted, the Service 
evaluated the magnitude and imminence of threats faced by bull trout 
populations in over 60 watersheds in the course of assigning a priority 
for listing. While watersheds may contain several populations, the 
Service used watersheds as the evaluation units because in most cases 
threats in a watershed apply to all populations.
    Actions recently taken at both the Federal and State levels are 
beginning to reverse the long-term decline of bull trout. The Forest 
Service and Bureau of Land Management, by implementing the President's 
Forest Management Plan, PACFISH, the Inland Native Fish Strategy and 
the Eastside Columbia Basin Environmental Impact Statements' 
recommendations, have initiated activities that will reduce the 
magnitude of threats to bull trout. In addition, the States of Idaho, 
Montana, Oregon, and Washington, through their development of bull 
troup protection agreements, are setting in place activities that will 
assist the recovery of the bull trout. The Service believes that these 
activities provide conservation actions and management strategies that 
will recover and sustain populations of the bull trout.
    Based on an evaluation of the bull trout's status in the known 
watersheds of occurrence and actions undertaken by Federal agencies and 
the States, the Service's evaluation has determined that the majority 
of bull trout populations within the conterminous United States faces 
imminent threats of moderate magnitude. Therefore, bull trout 
populations residing within the conterminous United States have been 
assigned a listing priority number of 9.
    Recently enacted legislation (P.L. 104-6) imposed a listing 
moratium of the remainder of Fiscal Year 1995, and rescinded $1.5 
million from the Service's Fiscal Year 1995 listing funds. In response 
to this legislation, the Service will focus its limited resources on 
category 1 species, especially those with listing priority numbers of 2 
or 3. Therefore, a listing proposal for bull trout in the conterminous 
United States remains ``warranted but precluded.''
    Section 4(b)(3)(B)(iii) of the Act provides that the Service may 
make ``warranted but precluded'' findings only if it can demonstrate 
that expeditious progress is being made on other listing actions. Since 
October 1, 1993, the Service has proposed the [[Page 30826]] listing of 
118 species and finalized the listing of 182 species. The Service 
believes this demonstrates expeditious progress on other listings.

References Cited

    A complete list of references used in the preparation of this 
finding is available, upon request, from the Idaho State Office (see 
ADDRESSES section).

    Author. The primary authors of this document are Patricia Klahr 
and Steve Duke (see ADDRESSES section); Bob Hallock, Northern Idaho 
Office, 11103 East Montgomery Drive, Suite 2, Spokane, WA; Lori 
Nordstrom, Helena Field Office, P.O. Box 10023, Helena, MT; Shelley 
Spalding, Washington State Office, 3704 Griffin Lane SE, Suite 102, 
Olympia, WA.

Authority

    The authority for this action is the Endangered Species Act (16 
U.S.C. 1531 et seq.)

    Dated: June 6, 1995.
Mollie H. Beattie,
Director, Fish and Wildlife Service.
[FR Doc. 95-14284 Filed 6-9-95; 8:45 am]
BILLING CODE 4310-55-M