[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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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]
BILLING CODE 4310-55-P