[Federal Register Volume 60, Number 151 (Monday, August 7, 1995)]
[Proposed Rules]
[Pages 40149-40150]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19353]



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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17


Endangered and Threatened Wildlife and Plants; 90-Day Finding for 
a Petition To List the Eagle Lake Rainbow Trout and Designate Critical 
Habitat

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of 90-day petition finding.

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SUMMARY: The Fish and Wildlife Service (Service) announces the 90-day 
finding on a petition to list the Eagle Lake rainbow trout 
(Oncorhynchus mykiss aquilarum) under the Endangered Species Act (Act) 
of 1973, as amended. The Service finds that the petition did not 
present substantial information indicating that the petitioned actions 
may be warranted.

DATES: The finding announced in this document was made on July 25, 
1995.

ADDRESSES: Information, data, comments, or questions concerning this 
finding should be submitted to the U.S. Fish and Wildlife Service, 2800 
Cottage Way, Room E-1803, Sacramento, California 95825-1846. The 
petition, petition finding, supporting data, and comments are available 
for public inspection, by appointment, during normal business hours at 
the above address.

FOR FURTHER INFORMATION CONTACT: Diane Windham, staff biologist, at the 
above address or telephone 916-979-2725.

SUPPLEMENTARY INFORMATION:

Background

    Section 4(b)(3)(A) of the Endangered Species Act of 1973, as 
amended (16 U.S.C. 1533 et seq.) (Act), requires that the Service make 
a finding on whether a petition to list, delist, or reclassify a 
species presents substantial scientific or commercial information to 
indicate that the petitioned action may be warranted. This finding is 
to be based on all information available to the Service at the time the 
finding is made. To the maximum extent practicable, this finding is to 
be made within 90 days of the date the petition was received, and the 
finding is to be published promptly in the Federal Register. If the 
finding is that substantial information was presented, the Service also 
is required to commence a review of the status of the species.
    The Service has made a 90-day finding on a petition to list the 
Eagle Lake rainbow trout (Oncorhynchus mykiss aquilarum). The petition, 
dated April 25, 1994, was submitted by John F. Bosta, of Susanville, 
California, and was received by the Service on April 28, 1994. The 
petition requested the Eagle Lake rainbow trout be listed as threatened 
or endangered, that critical habitat be designated, and that a recovery 
plan be developed. The petitioner provided some life history 
information for the Eagle Lake rainbow trout and material related to 
the fish passage problems, habitat degradation, and lack of natural 
reproduction. Recommendations for correcting habitat problems were 
included with the petition.
    The Eagle Lake rainbow trout is a species of concern to the Service 
(November 15, 1994; 59 FR 58982). Such taxa are typically those for 
which some information indicates threats to the species exit but 
sufficient information on biological vulnerability and threats is not 
currently available indicating that listing as endangered or threatened 
is warranted.
    Eagle Lake rainbow trout are endemic to Eagle Lake, Lassen County, 
California. Although they have been planted in numerous waters, no 
known self-sustaining populations of genetically pure Eagle Lake 
rainbow trout in waters exist outside of its native habitat. With the 
annual stocking of 200,000 Eagle Lake trout, the subspecies has been 
sustained almost entirely by California Department of Fish and Game's 
hatchery production since 1950. The petition and referenced literature 

[[Page 40150]]
describe the lack of natural reproduction as the most serious concern 
for the long-term survival of Eagle Lake rainbow trout. Due to passage 
barriers and habitat degradation in Pine Creek (the only major 
tributary for spawning), no significant natural reproduction of Eagle 
Lake rainbow trout has occurred for over 40 years. Though efforts by 
the Forest Service to improve fish passage and riparian habitat may not 
be completed for 5 years, these efforts to restore natural spawning in 
Pine Creek are now underway.
    In making a finding as to whether a petition presents substantial 
commercial and scientific information to indicate the petitioned action 
may be warranted, the Service must consider whether the petition is 
accompanied by a detailed narrative justification [50 CFR Sec. 424.14 
(b)(2)(ii)]. The regulations require the Service to ``consider whether 
such petition * * * [p]rovides information regarding the status of the 
species over all or a significant portion of its range'' [50 CFR 
Sec. 424.14 (b)(2)(iii)], including current distributional and threat 
information. Furthermore, the Service is required to ``consider whether 
such petition * * * [i]s accompanied by appropriate supporting 
documentation in the form of bibliographic references, reprints of 
pertinent publications, copies of reports or letters from authorities, 
and maps'' [50 CFR Sec. 424.14 (b)(2)(iv)].
    Despite the limited distribution of the Eagle Lake trout, the 
petition included insufficient information regarding present fish 
population numbers and trends. In addition, the petition failed to 
provide substantial threat data concerning projected and ongoing 
management considerations with respect to the existing popular sport 
fishery and the stocking program for the trout. The petition also did 
not address the extent to which threats have been lessened by the 
significant recovery efforts now underway. More importantly, the future 
status of the subspecies may improve because of the significant 
recovery efforts now underway and the ongoing stocking program. 
Therefore, the Service finds that the petition does not present 
substantial information indicating that the listing of the Eagle Lake 
rainbow trout may be warranted.
    The Service has reviewed the petition, literature cited in the 
petition, and other literature and information available in the 
Service's files. On the basis of the best scientific and commercial 
information available, the Service finds the petition does not present 
substantial information indicating that the petitioned actions may be 
warranted. The Eagle Lake rainbow trout will remain a species of 
concern to the Service, and the Service will continue to seek 
information regarding the status or threats to the subspecies. If 
additional information becomes available in the future, the Service may 
reassess the listing priority for this subspecies or the need for 
listing.
    The petitioner also requested that critical habitat be designated 
and a recovery plan be developed. If the Service decides in the future 
to propose the fish for listing, the Service will determine whether 
designation of critical habitat is prudent at the time a species is 
listed under the Act. Recovery planning efforts begin once a species is 
listed.

Author

    The primary author of this document is Kevin Stubbs, Sacramento 
Field Office (see ADDRESSES section).

Authority

    The authority for this action is the Endangered Species Act of 
1973, as amended (16 U.S.C. 1531 et seq.).

    Dated: July 25, 1995.
John G. Rogers,
Director, Fish and Wildlife Service.
[FR Doc. 95-19353 Filed 8-4-95; 8:45 am]
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