[Federal Register Volume 61, Number 179 (Friday, September 13, 1996)]
[Rules and Regulations]
[Pages 48412-48413]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23451]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AD96


Endangered and Threatened Wildlife and Plants; Listing of the 
Umpqua River Cutthroat Trout in Oregon

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: The U.S. Fish and Wildlife Service (FWS) is adding the Umpqua 
River cutthroat trout (Oncorhynchus clarki clarki) to the List of 
Endangered and Threatened Wildlife. This measure, authorized by the 
Endangered Species Act of 1973 (Act), corresponds with a determination 
of endangered status for this species, as defined under the Act, by the 
National Marine Fisheries Service (NMFS) which has jurisdiction for 
this species.

EFFECTIVE DATE: September 9, 1996.

FOR FURTHER INFORMATION CONTACT: E. LaVerne Smith, Chief, Division of 
Endangered Species, U.S. Fish and Wildlife Service, (703/358-2171).

SUPPLEMENTARY INFORMATION: In accordance with Reorganization Plan No. 4 
of 1970, the NMFS, National Oceanic and Atmospheric Administration, 
Department of Commerce, is responsible for the decisions regarding the 
Umpqua River cutthroat trout under the Act. Under section 4(a)(2) of 
the Act, NMFS must decide whether a species under its jurisdiction 
should be classified as endangered or threatened. The FWS is 
responsible for the actual addition of a species to the List of 
Endangered and Threatened Wildlife in 50 CFR 17.11(h).
    The NMFS published its determination of endangered status for the 
Umpqua River cutthroat trout on August 9, 1996 (61 FR 41514). 
Accordingly, the FWS is now adding it to the List of Endangered and 
Threatened Wildlife as an endangered species. This addition is 
effective as of September 9, 1996, as indicated in the NMFS's 
determination. Because this action of the FWS is nondiscretionary, and 
in view of the public comment period provided by NMFS on the proposed 
listing (July 8, 1994; 50 FR 35089), the FWS finds that good cause 
exists to omit the notice and public comment procedures of 5 U.S.C. 
553(b).

National Environmental Policy Act

    The FWS has determined that an Environmental Assessment, as defined 
under the authority of the National Environmental Policy Act of 1969, 
need not be prepared in connection with regulations adopted pursuant to 
Section 4(a) of the Act, as amended. A notice outlining the FWS's 
reasons for this determination was published in the Federal Register on 
October 25, 1983 (48 FR 49244).

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Export, Import, Reporting and 
recordkeeping requirements, and Transportation.

Regulation Promulgation

    Accordingly, part 17, subchapter B of chapter I, title 50 of the 
Code of Federal Regulations is amended as set forth below:

PART 17--[AMENDED]

    1. The authority citation for part 17 continues to read as follows:

    Authority: 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. Section 17.11(h) is amended by adding the following, in 
alphabetical order under Fish, to the List of Endangered and Threatened 
Wildlife, to read as follows:


Sec. 17.11  Endangered and threatened wildlife.

* * * * *
    (h) * * *

[[Page 48413]]



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                        Species                                                    Vertebrate                                                           
--------------------------------------------------------                        population where                                  Critical     Special  
                                                            Historic range       endangered or         Status      When listed    habitat       rules   
           Common name                Scientific name                              threatened                                                           
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                   *                  *                  *                  *                  *                  *                  *                  
  Fish                                                                                                                                                  
                                                                                                                                                        
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Trout, Umpqua River cutthroat....  Oncorhynchus clarki   U.S.A. (AK, CA, OR,  Umpqua R. (U.S.A.--  E                       588           NA           NA
                                    clarki.               WA), Canada.         OR) naturally                                                            
                                                                               spawning pops.in                                                         
                                                                               mainstem and                                                             
                                                                               tributaries.                                                             
                                                                                                                                                        
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
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    Dated: August 29, 1996.
John G. Rogers,
Acting Director, Fish and Wildlife Service.
[FR Doc. 96-23451 Filed 9-12-96; 8:45 am]
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