[Federal Register Volume 62, Number 114 (Friday, June 13, 1997)]
[Proposed Rules]
[Pages 32268-32284]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-15584]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018--AE29


Endangered and Threatened Wildlife and Plants; Proposal to List 
the Klamath River Population Segment of Bull Trout as an Endangered 
Species and Columbia River Population Segment of Bull Trout as a 
Threatened Species

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) proposes to list 
the Klamath River population segment of bull trout (Salvelinus 
confluentus) as endangered from south-central Oregon; and the Columbia 
River population segment of bull trout as threatened from the 
northwestern United States and British Columbia, Canada, with a special 
rule, pursuant to the Endangered Species Act of 1973, as amended (Act). 
The Klamath River population segment, comprised of seven bull trout 
populations from south-central Oregon, is threatened by habitat 
degradation, irrigation diversions, and the presence of non-native 
brook trout. The Columbia River population segment, comprised of 386 
bull trout populations in Idaho, Montana, Oregon, and Washington with 
additional populations in British Columbia, is threatened by habitat 
degradation, passage restrictions at dams, and competition from non-
native lake and brook trout. The special rule allows for take of bull 
trout within the Columbia River population segment if in accordance 
with applicable State fish and wildlife conservation laws and 
regulations. Pursuant to a court order, this rule is based on the 1994 
administrative record. All available information, including current 
data, will be considered prior to promulgation of a final rule. If, 
after consideration of all available data, this proposal is made final, 
it would extend protection of the Act to these two fish population 
segments.

DATES: Comments from all interested parties must be received by August 
12, 1997. Public hearings locations and dates are set forth in 
SUPPLEMENTARY INFORMATION.

ADDRESSES: Comments and material concerning this proposal should be 
sent to the U.S. Fish and Wildlife Service, Snake River Basin Field 
Office, 1387 S. Vinnell Way, Room 368, Boise, Idaho 83709. Comments and 
material received will be available for public inspection, by 
appointment, during normal business hours at the above address.

FOR FURTHER INFORMATION CONTACT: Robert Ruesink, Field Supervisor, 
Snake River Basin Field Office (see ADDRESSES section) (telephone 208/
378-5243; facsimile 208/378-5262).

SUPPLEMENTARY INFORMATION: Public hearings locations and dates are:
    1. Tuesday, July 1, 1997, from 2:00-4:00 p.m. and 6:00-8:00 p.m., 
Ramada Inn Portland Airport, 6221 N.E. 82nd Avenue, Portland Oregon.
    2. Tuesday, July 8 1997, from 2:00-4:00 p.m. and 6:00-8:00 p.m., 
Shilo Inn, 923 East Third Avenue, Spokane, Washington.
    3. Thursday, July 10, 1997, from 2:00-4:00 p.m. and 6:00-8:00 p.m., 
Doubletree Hotel Edgewater (formerly Village Red Lion Inn), 100 Madison 
Street, Missoula, Montana.
    4. Tuesday, July 15, 1997, from 2:00-4:00 p.m. and 6:00-8:00 p.m., 
Shilo Inn, 2500 Almond Street, Klamath Falls, Oregon.
    5. Thursday, July 17, 1997, from 2:00-4:00 p.m. and 6:00-8:00 p.m., 
Doubletree Hotel Riverside (formerly Red Lion Hotel), 2900 Chinden 
Blvd., Boise, Idaho.

Background

    Bull trout (Salvelinus confluentus) were first described by Girard 
in 1856 from a specimen collected on the lower Columbia River. Cavender 
(1978) presented morphometric, meristic, osteological, and 
distributional evidence to document the separation between dolly varden 
(Salvelinus malma) and bull trout. Based on this work, taxonomists have 
recognized this separation since 1978 (Bond 1992). Bull trout and dolly 
varden were officially recognized as separate species by the American 
Fisheries Society in 1980 (Pratt 1992).
    Although the bull trout is well accepted as a species among 
specialists in the evolution and classification of salmonid fishes (R. 
Behnke, in litt., 1993), some uncertainty remains regarding the 
taxonomic status of bull trout among fisheries managers and industry 
(WDW 1992, Platts et al. 1993). When discriminate function values were 
used to separate populations of bull trout from dolly varden in the 
Puget Sound, a normal distribution resulted rather than a bimodal 
curve, which indicated that a clear separation of these species does 
not exist (C. Kraemer, in litt. 1993). In addition, Kraemer (in litt. 
1992; undated U.S. Forest Service (USFS) survey) observed the two 
species spawning together, and suggested introgression may be 
occurring. In contrast, Phillips et al. (1992) and Pleyte et al. (1992) 
examined evolutionary relationships among six species of Salvelinus 
using ribosomal DNA analysis, and found clear distinctions among all 
six species. Their results suggested that dolly varden are more closely 
related to arctic char than bull trout, and that bull trout 
evolutionarily diverged from a line that gave rise to S. leucomaenis (a 
char indigenous to Japan) rather than the line that gave rise to dolly 
varden or arctic char. In addition, Cavender (1984) concluded that the 
evolutionary distance between bull trout and dolly varden is 
significant based on at least four separate chromosomal changes that 
separate the two taxa, and that the two species cannot be considered 
sister species based on those differences. As a result, the 1994 record 
supports the distinction between bull trout and dolly varden.
    Bull trout populations are known to exhibit four distinct life 
history forms: resident, fluvial, adfluvial, and anadromous. Resident 
bull trout spend their entire life cycle in the same (or nearby) 
streams in which they were hatched. Fluvial and adfluvial populations 
spawn in tributary streams where the young rear from 1 to 4 years 
before migrating to either a lake (adfluvial) system or a river 
(fluvial) system, where they grow to maturity (Fraley and Shepard 
1989). Anadromous fish spawn in tributary streams, with major growth 
and maturation occurring in salt water. Diverse life history strategies 
are important to the stability and viability of bull trout populations 
(Rieman and McIntyre 1993).
    Bull trout display a high degree of sensitivity at all life stages 
to environmental disturbance and have more specific habitat 
requirements than many other salmonids (Fraley and Shepard 1989, Howell 
and Buchanan 1992, Rieman and McIntyre 1993). Bull trout growth, 
survival, and long-term population persistence appear to be 
particularly dependent upon five habitat characteristics: (1) cover, 
(2) channel stability, (3) substrate composition, (4) temperature, and 
(5) migratory corridors (Rieman and McIntyre 1993).
    All life history stages of bull trout are closely associated with 
various forms of cover, including large woody debris, undercut banks, 
boulders, and pools

[[Page 32269]]

(Fraley and Shepard 1989; Goetz 1989; Hoelscher and Bjornn 1989; Oliver 
1979; Pratt 1984, 1985, and 1992; Shepard et al. 1984b; Thomas 1992). 
Cover provides critical rearing, foraging, and resting habitat, and 
protection from predators (Bryant 1983, Meehan 1991, Salo and Cundy 
1987, Sedell and Everest 1991).
    Several bull trout life history features make them exceptionally 
sensitive to activities directly or indirectly affecting stream channel 
integrity and altering natural flow patterns. Juvenile and adult bull 
trout frequently inhabit areas of reduced water velocity, such as side 
channels, stream margins, and pools that are often eliminated or 
degraded by management activities (Rieman and McIntyre 1993). Length 
and timing of incubation to emergence (200 days or more during winter 
and early spring), the strong association of juvenile fish with stream 
channel substrates, and a fall spawning period, make bull trout 
particularly vulnerable to altered stream flow patterns and associated 
channel instability (Fraley and Shepard 1989, Pratt 1992, Pratt and 
Huston 1993, Rieman and McIntyre 1993).
    Preferred spawning habitat consists of low gradient streams with 
loose, clean gravels (Fraley and Shepard 1989). Fine sediments fill 
spaces between the gravel that are needed by incubating eggs and fry. 
An extremely long period of residency in the gravel (200 or more days) 
makes bull trout especially vulnerable to fine sediments and water 
quality degradation (Fraley and Shepard 1989). Juveniles also live on 
or within the streambed cobble (Oliver 1979, Pratt 1984). High juvenile 
densities were observed in Swan River tributaries with a diverse cobble 
substrate and low percentage of fine sediments (Shepard et al. 1984a).
    Successful bull trout spawning and development of embryos and 
juveniles requires very cold water temperatures (Bjornn and Reiser 
1991, Goetz 1989, McPhail and Murray 1979, Pratt 1992). Additionally, 
water temperature influences the distribution of juveniles (Fraley and 
Shepard 1989, Pratt 1992). Such strict temperature tolerances 
predispose bull trout to declines from any activity occurring in a 
watershed that leads to increased stream temperatures.
    Extensive migrations are characteristic of the species (Fraley and 
Shepard 1989, Oregon Department of Fish and Wildlife (ODFW) 1993). 
Migratory bull trout facilitate the interchange of genetic material 
between populations, ensuring sufficient variability within 
populations. Migratory forms also provide a mechanism for restoring 
local populations extirpated due to natural or human-caused events 
(Rieman and McIntyre 1993, citing others). Migratory forms are more 
fecund and larger than non-native brook trout, potentially reducing the 
risks associated with hybridization (Rieman and McIntyre 1993). The 
greater fecundity of these larger bull trout also enhances the ability 
of a population to persist in the presence of introduced fishes (Rieman 
and McIntyre 1993). Migratory bull trout have been restricted and/or 
eliminated due to stream habitat alterations, including seasonal or 
permanent obstructions, detrimental changes in water quality, increased 
temperatures, and the alteration of natural stream flow patterns. 
Migratory corridors tie seasonal habitat together for anadromous, 
adfluvial, and fluvial forms, and allow for dispersal of resident forms 
for recolonization of rebounding habitats. The disruption of migratory 
corridors, if severe enough, will result in the loss of migratory life 
history types and isolate resident forms from interacting with the 
metapopulation (U.S. Department of Agriculture (USDA) 1993).

Distinct Population Segments

    Pursuant to a court order, the Service evaluated the distribution 
of bull trout throughout the species' range for the presence of 
distinct population segments in our reconsidered 12-month finding using 
the 1994 administrative record. This approach was undertaken because 
bull trout occur in widespread but fragmented habitats and have several 
life history patterns. In addition, the threats to the fish are 
diverse, and the quantity and quality of information regarding the 
population status and trends of bull trout varies greatly.
    The Service has considered three elements when evaluating the 
status of potential distinct population segments--discreteness, 
significance, and conservation status. Discreteness refers to the 
separation of a population segment from other members of the species 
based on either (1) physical, physiological, ecological, or behavioral 
factors, or (2) international boundaries that result in significant 
differences in exploitation control, habitat management, conservation 
status, or regulatory mechanisms. Significance refers to the biological 
and ecological importance or contribution of a discrete population to 
the species throughout its range. Examples of significance include 
persistence of a discrete population segment in a unique or unusual 
ecological setting, evidence that loss of discrete segment would result 
in a significant gap in the range of the species, or evidence that the 
discrete segment differs markedly from other populations of the species 
in genetic characteristics.
    Based on the 1994 administrative record and as discussed in the 
reconsidered 12-month finding, numerous bull trout populations are 
isolated from each other because of unsuitable habitat and/or 
impassable dams and diversions. Though these isolated populations could 
be considered discrete, few populations of bull trout are significant 
to the species as a whole. The 1994 record provided evidence of 
significance for five distinct population segments: (1) Coastal/Puget 
Sound; (2) Klamath River; (3) Columbia River; (4) Jarbidge River; and 
(5) Saskatchewan River. Based on the 1994 administrative record, the 
Service determined in the reconsidered 12-month finding that listing is 
not warranted for the Coastal/Puget Sound, Jarbidge River, and 
Saskatchewan River population segments. However, listing is warranted 
for the Klamath River and Columbia River population segments based on 
the 1994 administrative record.

Klamath River Population Segment

    The Klamath River originates in south-central Oregon near Crater 
Lake National Park, and flows southwest into northern California where 
it meets the Trinity River and empties into the Pacific Ocean. Bull 
trout in this drainage are discrete because of physical isolation due 
to several small mountain ranges in central Oregon (separating this 
population from that of the Columbia River) and the Pacific Ocean. 
Leary and Allendorf (1991) determined the genetic structure of bull 
trout in the Klamath and Columbia River drainages with the use of 
protein electrophoresis. This study concludes that not only are these 
two groups of fish reproductively isolated, but also evolutionarily 
distinct. In addition, Williams et al. (abstract in: Friends of the 
Bull Trout Conference, 1994) separated the Klamath and Columbia River 
populations into different clades based on mtDNA diversity patterns. As 
a result, the Klamath River population segment is significant to the 
taxon because of substantial genetic differences from the Columbia 
River populations.

Columbia River Population Segment

    The Columbia River population segment includes the entire Columbia 
River basin and all its tributaries, excluding the isolated bull trout 
populations found in the Jarbidge River

[[Page 32270]]

in Nevada which comprises the Jarbidge population segment. Though 
Williams et al. (abstract in: Friends of the Bull Trout Conference, 
1994) identified two distinct clades (taxonomic groupings of 
descendants by common ancestors) in the Columbia Basin (Upper and Lower 
Columbia) based on mtDNA diversity patterns, a discrete geographical 
boundary between the two clades was not documented in the record. The 
Columbia River population segment is significant because the overall 
range of the species would be substantially reduced if this discrete 
population were lost.

Status and Distribution

    The base of information contained in the 1994 administrative record 
regarding the status and trends of bull trout populations throughout 
the species' range varies in quantity and quality. The criteria for 
defining populations and estimating extinction risks were not 
standardized among individual states. Bull trout information from the 
state of Montana (primarily Thomas 1992) was the most organized and 
complete. In Idaho, with the exception of Lake Pend Oreille and its 
tributaries that support an important bull trout fishery, bull trout 
status information was incomplete. The status of a majority of Oregon 
bull trout populations is unknown. Similar patterns in quality of data 
were found for bull trout populations in Canada. Interpretation of 
``status unknown'' was the primary problem in status information 
contained in the 1994 administrative record.
    In 1993, the U.S. Department of Agriculture produced a working 
draft concerning the status and conservation needs for bull trout (USDA 
1993). This publication, entitled ``An Assessment of the Conservation 
Needs for Bull Trout,'' surveyed biologists from State, Federal, and 
Tribal agencies, and private industry in the range of bull trout. 
Results from this survey represented the most thorough attempt to date 
at rangewide classification of bull trout. Survey participants were 
requested to fill out forms to provide information on life history, 
status, factors influencing status, and whether individual bull trout 
populations were considered remnant. The authors noted, that 
``[a]lthough the quality of available data was not always consistent 
across sources, no attempt was made to account for that variability.'' 
Many of these data could be described as anecdotal, though a systematic 
attempt was made to address the entire species' range.
    The appropriate interpretation of the ``remnant'' classification 
was the most difficult aspect of the survey to analyze. The 1993 
publication classified a remnant population as one in which ``the fish 
are known to be present but in very low numbers.'' Additionally, a 
remnant classification included the caveat that ``[a]lthough long-term 
viability is questionable, the population may constitute a significant 
portion of the species gene pool.'' Lacking any population status data 
(i.e. declining, stable, secure, or increasing), the Service 
interpreted a remnant classification by itself as a ``gap'' in status 
information. When a remnant classification was accompanied by status 
information other than ``unknown'', the Service generally considered 
these data reliable and accurate.
    Where population status or trends are known but only for a portion 
of a distinct population segment (i.e., there are informational gaps in 
1994 record), the Service considered documented trends within a 
distinct population segment to be representative of the entire 
population segment.

Klamath River Population Segment

    Historical accounts suggest that the bull trout was once widely 
distributed and exhibited diverse life history traits in the Klamath 
Basin. The earliest records of bull trout in the Klamath Basin were 
from the late 1800's (Oregon Chapter of the American Fisheries Society 
(OCAFS) 1993, citing Cope) and suggested that an adfluvial life history 
form occurred in Klamath Lake. Migratory fluvial bull trout evidently 
were present in some of the larger streams in the basin as recently as 
the early 1970's (Ziller in litt. 1992). Goetz (1989) suggested that 
bull trout occurred in 15 separate drainages between 1948 and 1979. By 
1989, the distribution of the species had been restricted to 10 streams 
in the basin (author unknown, FWS notes, 1993). The most recent data 
provided in the 1994 record suggested that in 1991, only seven 
segregated resident populations still occurred in the basin and were 
confined to headwater streams in the Sprague, Sycan, and Upper Klamath 
Lake subbasins. The largest area occupied by any of the seven 
populations is 2.5 stream miles, and basinwide, only 12.5 miles of 
stream is inhabited by bull trout (Ziller in litt. 1992).
    Bull trout occur in four tributaries to the Sprague River subbasin. 
Ziller (in litt. 1992) compared abundance estimates between samples 
taken in 1979 and 1989 at seven 30-meter sites on Deming, Boulder, 
Brownsworth, and Leonard creeks. Ziller found the abundance of bull 
trout was relatively unchanged at five sites, increased at one site, 
and decreased at one site. In 1991 and 1992, ODFW estimated a total 
population size of 3,310 individuals within the 4 segregated 
populations of the Sprague River subbasin (OCAFS 1993). The effective 
population size was estimated to be 140 to 462 mature fish, with 43 
percent of these fish associated with Deming Creek. The remaining 57 
percent were split unequally among Boulder, Brownsworth, and Leonard 
creeks. Although the Sprague River subbasin contains the healthiest 
remaining populations in the Klamath population segment, these 
populations are considered to be at a moderate to high risk of 
extinction (Ratliff and Howell 1992).
    Long Creek may be supporting the only remaining bull trout 
population in the Sycan River subbasin. Ratliff and Howell (1992) 
suggested that the extinction risks of Long and Coyote creeks were 
moderate and high, respectively, based on sampling efforts in 1989. 
Sampling efforts in 1990 and 1991 suggest that populations previously 
identified in Coyote Creek and the Upper Sycan River are probably 
extinct (OCAFS 1993). The total population size in Long Creek was 
estimated at 842 individuals with an effective population size of 36 to 
119.
    Populations in the Upper Klamath Lake subbasin are at precarious 
abundance levels, and at a high risk of extinction (Ratliff and Howell 
1992). Small populations remain in Sun and Threemile creeks. 
Populations in Cherry and Sevenmile creeks are likely to be extinct 
(OCAFS 1993). The Sun Creek population was estimated at 133 total 
individuals in 1991, with an effective population size of only 11 to 35 
mature fish. No abundance estimates were reported for Threemile Creek, 
but only nine fish were sampled in the stream during recent surveys.
    Because the resident life history trait prevails in the remaining 
Klamath River, bull trout populations, size at maturity and associated 
fecundity have been reduced in the population from historic conditions. 
Average fecundity in 1989 was only 170 eggs/female, and a predominance 
of males in the sample suggested a skewed sex ratio of 2.5 males/female 
(Rode 1990). These data suggest that the natural recovery potential of 
these populations is poor.
    In summary, all seven of the remaining populations in the Klamath 
River Basin are currently disconnected from each other, and are 
considered to be isolated, remnant groups from a historically larger, 
more diverse metapopulation. Ratliff and Howell

[[Page 32271]]

(1992) determined each population to be at a moderate or high risk of 
extinction. Bull trout occur in three primary subbasins, with the fish 
residing in the Upper Klamath Lake subbasin the most precarious. The 
Sprague River and Sycan River subbasins each contain isolated 
populations within limited available habitat of 2.5 miles or less. 
Recent extinctions reportedly have occurred in Coyote Creek and the 
Upper Sycan River of the Sycan subbasin, and Cherry and Sevenmile 
creeks of the Upper Klamath Lake subbasin (Ratliff and Howell 1992).

Columbia River Population Segment

    The Columbia River population segment encompasses a vast geographic 
area including portions of Idaho, Montana, Oregon, Washington and 
British Columbia. For discussion purposes, this segment was split into 
three areas: 1) the Columbia River upstream from the confluence with 
the Snake River, 2) the Snake River and its tributaries, and 3) the 
Columbia River downstream of the Snake River confluence.

Upper Columbia River

    The upper Columbia River portion of the distinct population segment 
was separated into four subareas to aid in describing status and 
distribution: (1) Kootenai River basin, (2) Clark Fork/Pend Oreille 
basin, (3) Spokane River Basin, and (4) Washington tributaries. The 
Kootenai River drains the southeastern portion of British Columbia west 
of the continental divide, and flows through the extreme northwestern 
section of Montana and northern Idaho, before flowing north back into 
Canada where it joins the Columbia River. The Clark Fork drains the 
majority of area west of the continental divide in Montana before 
flowing into Idaho and Lake Pend Oreille. The Pend Oreille River, 
including the Priest River and tributaries, flows north and joins the 
Columbia River just north of eastern Washington. The Spokane River 
drains both the Coeur d'Alene and St. Joe basins and flows west joining 
the Columbia River in western Washington. Major Washington tributaries 
in the upper Columbia River portion of the distinct population segment 
include the Entiat, Wenatchee, Methow, and Yakima rivers.

Kootenai River Basin

    Historically, bull trout were likely distributed throughout the 
Kootenai River basin (Thomas 1992). Construction of Libby Dam and the 
formation of Lake Koocanusa functionally separated bull trout into 
different populations. The bull trout population in Lake Koocanusa is, 
generally, small in size and constitutes a minor portion of angler 
harvest (Thomas 1992). These fish have limited access to spawning 
tributaries putting this population at risk (Thomas 1992).
    Below Libby Dam, bull trout populations are separated by Kootenai 
Falls. Kootenai Falls serves as a natural barrier to upstream migration 
(Thomas 1992). Bull trout between Libby Dam and Kootenai Falls rely on 
two remaining tributaries, Quartz and Pipe creeks, for spawning. 
Historically, bull trout were likely distributed throughout the Fisher 
River (tributary to the Kootenai below Libby Dam) since no physical 
barriers prevent dispersal. However, Thomas (1992) considered the 
status of fluvial bull trout in the Fisher River to be non-viable, or 
extinct. Information on bull trout populations in Montana below 
Kootenai Falls is incomplete. Several remnant populations are thought 
to occur in tributaries including the Yaak River. Of the 99 bull trout 
populations evaluated in the Kootenai River basin, all were at least at 
moderate risk of extinction, and 47 percent of these were considered to 
be at high risk of extinction (Thomas 1992).
    Bull trout are considered uncommon in the Idaho portion of the 
lower Kootenai River (Esch and Hallock, citing others, 1993). Status is 
based on the relatively few individuals that contribute to the sport 
catch (1 percent). Based on limited surveys and harvest catch, the 
population trend in this portion of the Kootenai River appears to be 
declining. Bull trout populations in Kootenay Lake in British Columbia 
are considered stable with historic and current harvest rates remaining 
relatively high (Esch and Hallock, citing others, 1993).

Clark Fork/Pend Oreille River Basin

    The Clark Fork/Pend Oreille River basin drains the largest area in 
the Columbia River population segment. Major tributaries of the Clark 
Fork are the Flathead, Bitterroot, and Blackfoot rivers. Historically, 
strong fluvial, adfluvial, and resident populations of bull trout were 
likely distributed throughout the system (Thomas 1992). The healthiest 
remaining bull trout populations are adfluvial because passage from 
stream to lake environments is unimpeded. Resident populations of bull 
trout are remnant and exist in the headwater reaches of tributaries 
(Thomas 1992, USDA 1993). Fluvial populations have shown the greatest 
decrease concurrent with the construction of mainstem impoundments. For 
discussion purposes, the Clark Fork/Pend Oreille Basin is separated 
into five areas: Upper Clark Fork (including the Bitterroot and 
Blackfoot rivers); Lower Clark Fork (from the Bitterroot confluence 
downstream to Lake Pend Oreille, including the Flathead River below 
Flathead Lake); Flathead Lake and its tributaries; Lake Pend Oreille 
and its tributaries; and Lower Pend Oreille River.

Upper Clark Fork

    Historically, fluvial and resident populations of bull trout 
probably inhabited the entire upper mainstem Clark Fork (Thomas 1992). 
However, due to mining related stream degradation, these populations 
have become increasingly rare, or, in some cases, extirpated entirely 
from former habitats (Thomas 1992). Natural recolonization of these 
populations seems remote due to continued habitat problems and the 
absence of strong fluvial populations downstream. Bull trout are 
considered rare in many tributaries with most remaining populations at 
a high risk of extinction (Thomas 1992).
    The healthiest remaining Clark Fork tributary population of bull 
trout is Rock Creek (Thomas 1992). Rock Creek generally has had 
relatively few impacts from humans, which undoubtedly has positively 
influenced this population. Conversely, Flint Creek has experienced a 
substantially higher degree of perturbation and consequently, this 
population is considered to be in perilous condition (Thomas 1992). 
However, the majority (86 percent) of bull trout in Flint and Rock 
creeks combined are considered to be at moderate risk of extinction.
    The Blackfoot River is one of the largest tributaries to the upper 
Clark Fork River. Historically, the Blackfoot contained resident and 
fluvial populations of bull trout. The fluvial component is thought to 
have had connections with the mainstem Clark Fork. This connection was 
broken in the early 1900's by the construction of Milltown Dam, which 
effectively isolated bull trout in the Blackfoot from populations in 
the mainstem Clark Fork (Thomas 1992). Fluvial populations of bull 
trout still use the mainstem Blackfoot; however, their population 
status is unknown. Isolated populations of adfluvial and resident fish 
still exist within the basin. In the Blackfoot River, Peters (1990) 
found juvenile bull trout in only 40 percent of tributary streams 
surveyed in 1989, leading to a conclusion that Blackfoot bull trout

[[Page 32272]]

were in jeopardy. None of the remaining populations are classified as 
abundant, and only three populations within the system are considered 
common. Overall, 66 percent and 32 percent of bull trout populations in 
the Blackfoot River were considered at a moderate and high risk of 
extinction, respectively (Thomas 1992).
    Bull trout were historically distributed throughout the mainstem 
Bitterroot River and its tributaries (Thomas 1992). Bull trout now 
appear to be extinct in the majority of the mainstem Bitterroot River. 
Though tributary streams contain small isolated populations of bull 
trout, many are sympatric with non-native brook trout. Bull trout are 
considered abundant or common in 30 percent of the surveyed Bitterroot 
stream reaches, and uncommon or rare in 70 percent (Thomas 1992). 
Ninety-six percent of the bull trout populations in the Bitterroot 
system are considered to be small, fragmented, and at a moderate to 
high risk of extinction (Thomas 1992).

Lower Clark Fork

    The Lower, or mainstem, Clark Fork River is segmented by several 
impoundments that do not provide fish passage. Above Lake Pend Oreille, 
Cabinet Gorge, Noxon Rapids, and Thompson Falls facilities separate the 
mainstem river. Historically, a natural barrier existed at Thompson 
Falls that prevented upstream passage. Prior to mainstem impoundments, 
migrating bull trout from Lake Pend Oreille likely used the tributaries 
below Thompson Falls for spawning (Thomas 1992). In addition, this area 
probably supported fluvial and resident populations of bull trout. 
Currently, bull trout are uncommon in the mainstem Clark Fork River, 
and all remaining populations are considered at moderate risk of 
extinction (Thomas 1992).
    Populations of fluvial bull trout probably occurred historically 
throughout the drainage above Thompson Falls (Thomas 1992). Adfluvial 
fish from Lake Pend Oreille probably did not use this area due to the 
natural barrier created by Thompson Falls. Thomas (1992) suggested that 
adfluvial bull trout from Flathead Lake may have migrated downstream. 
The construction of Kerr Dam blocked passage between Flathead Lake and 
the lower Flathead and Clark Fork rivers. Bull trout in the mainstem 
Clark Fork are considered rare or uncommon (Thomas 1992). Several 
important tributaries still serve as spawning grounds with many 
tributary populations existing at low numbers. Limited information 
exists on bull trout status in the lower Flathead River. Currently, 
bull trout are the least common salmonid found in the Flathead River 
below Kerr Dam. Of the 199 populations evaluated in the Lower Clark 
Fork and Flathead rivers, Thomas (1992) reported that 44 percent were 
at high risk of extinction and 56 percent were at moderate risk of 
extinction.

Flathead Lake

    As in other areas in Montana, the actual historic distribution of 
bull trout in the Flathead Lake system is unknown. However, with few 
natural barriers and abundant interconnected habitat, bull trout likely 
were distributed throughout the system (Thomas 1992). Undoubtedly, 
resident and fluvial forms occupied areas within the drainage, but in 
the Flathead Lake system the adfluvial lifestage would most likely have 
had a distinct advantage. The larger adult size and increased 
reproductive potential would probably have made this the dominant life 
history form. Primary tributaries of Flathead Lake included the North, 
South, and Middle forks of the Flathead River, Swan River, and 
Stillwater River.
    The interconnectedness of the Flathead system has been disrupted by 
the construction of several hydroelectric facilities that block 
historic migration corridors. Big Fork Dam on the Swan constructed in 
1902 blocked bull trout passage into the Swan River drainage. 
Similarly, the completion of Hungry Horse Dam in 1953 on the South Fork 
Flathead River further isolated bull trout populations. As previously 
mentioned, Kerr Dam blocks passage from the lower Flathead River into 
Flathead Lake. The North and Middle forks of the Flathead River still 
have relatively unimpeded passage into Flathead Lake.
    Thomas (1992) reported that the Flathead system contained one of 
the most viable populations of adfluvial bull trout left in the 
coterminous United States. The viability of bull trout in the Flathead 
system should be qualified given more recent monitoring data that 
suggest certain populations within the system are declining.
    Spawning redd counts in the North Fork (1991) and Middle Fork (1990 
and 1991) Flathead rivers have decreased. The 1991 redd count 
information in the North Fork was 34 percent below the annual average. 
Redd counts in the Middle Fork during 1990 and 1991 were 43 percent and 
28 percent below the annual average, respectively (Thomas 1992). Trend 
analysis, including redd count surveys from 1992 and 1993, indicate a 
significant decline in redd counts over a 15-year monitoring period 
(Weaver 1994). Moreover, the recent estimated rate of decline (7-year 
period) is significantly greater than the 15-year rate of decline. Bull 
trout redd counts reached the lowest observed levels in 1992 and 1993. 
Annual rate of decline was estimated at 16 redds per year based on the 
15-year observation period, and 60 redds per year using the recent 7-
year period of record.
    Analysis of redd count trend information for four North Fork 
Flathead tributaries found a moderate level of annual variability 
within the system (Rieman and McIntyre 1993). Using the same 
information, the authors calculated a probability of 100-year 
persistence for each population, based on an extinction threshold of 10 
redds, alternate year spawning, and an instantaneous growth rate of 
zero. Of the four populations examined, all were below 50 percent 
probability of persistence. When actual estimates for instantaneous 
growth rate were used, all four populations were still below the 50 
percent probability of persistence over the next 100 years.
    Rieman and McIntyre (1993) conducted the same analysis of redd 
count trend information for four Middle Fork Flathead tributaries and 
found a low to moderate level of annual variability within the system. 
Of the four populations examined, two populations were below 50 percent 
probability of persistence (40 percent and 29 percent), while fish in 
two tributaries had moderate to high probabilities for persisting (60 
percent and 71 percent). When actual estimates for instantaneous growth 
rate were used, all four populations were below the 50 percent 
probability of persistence over the next 100 years.
    Despite this apparent decline, and uncertain probabilities for 
persistence in bull trout populations in the North and Middle forks of 
the Flathead, each tributary still contains areas of pristine habitat 
and healthy bull trout (Thomas 1992). Adfluvial populations of bull 
trout in Glacier National Park reside in high quality habitat with 
little or no exposure to non-native species. Similarly, the Middle Fork 
of the Flathead still contains viable populations of bull trout (Thomas 
1992). Overall, while referred to as a bull trout stronghold, Thomas 
(1992) reported that 91 percent of the populations in the North and 
Middle Fork of the Flathead River are at a moderate risk of extinction. 
The remaining 9 percent are judged to be at low risk of extinction.
    Little population information was available from the 1994 
administrative record regarding bull trout population status in the 
South Fork of the Flathead River prior to the construction of

[[Page 32273]]

Hungry Horse Dam. As previously stated, Hungry Horse Dam was built 
without allowing for fish passage, and this functionally isolated 
adfluvial populations of bull trout which would have migrated to 
Flathead Lake. This blockage resulted in a net loss of 38 percent of 
the available bull trout spawning habitat (Thomas 1992). Fish that were 
trapped behind Hungry Horse Dam established a new adfluvial population 
using the newly formed reservoir. Remote spawning locations in the Bob 
Marshall Wilderness Area have hampered collection of redd count 
surveys. However, where information is available, 83 percent of the 
remaining bull trout populations in the South Fork of the Flathead 
River are considered to be at a moderate risk of extinction (Thomas 
1992).
    Historically, the Swan River supported an adfluvial population of 
bull trout that migrated to Flathead Lake (Thomas 1992). Construction 
of Bigfork Dam in 1902 effectively blocked passage and isolated this 
population. Subsequently, a new adfluvial population developed in Swan 
Lake. The Swan Lake drainage also supports isolated resident 
populations of bull trout (Thomas 1992). Thomas (1992) reported that 
adfluvial bull trout in Swan Lake represent the healthiest population 
in the Flathead system. Based on redd counts, Swan Lake bull trout 
spawner densities appear to be higher than those in Flathead Lake 
(Thomas citing others 1992). Trend analysis based on redd counts for 
the Swan River system indicates that adfluvial bull trout populations 
are increasing (Weaver 1994). In addition, the 1993 redd count was the 
highest recorded, and represented a 57 percent increase over an 11-year 
average. In spite of this, Thomas (1992) considered bull trout in Swan 
Lake and Swan River to be at moderate risk of extinction.
    Rieman and McIntyre (1993) conducted the same analysis of redd 
count trend information for four Swan River tributaries and found a low 
to high level of annual variability within the system. Of the four 
populations examined using an instantaneous growth rate of zero, two 
populations were below 50 percent probability of persistence (43 
percent and 49 percent), while fish in two tributaries had moderate to 
high probabilities for persisting (65 percent and 74 percent). When 
actual estimates for instantaneous growth rate were used, all three 
populations had high probabilities for persistence (two populations at 
greater than 95 percent and 80 percent respectively) over the next 100 
years (Rieman and McIntyre 1993). Conversely, one tributary had a low 
probability of persistence (4 percent).
    Bull trout populations in the Stillwater River are depressed and 
are considered at a high risk of extinction (Thomas 1992). 
Historically, bull trout were probably distributed throughout the 
Stillwater system. While several lakes still contain adfluvial 
populations of bull trout, poor habitat conditions and non-native 
species interactions have made the occurrence of bull trout uncommon.

Lake Pend Oreille

    The Lake Pend Oreille system in the upper Columbia River is 
delineated upstream by Cabinet Gorge Dam on the Clark Fork River. 
Constructed in 1951, Cabinet Gorge Dam blocked upstream passage and 
functionally isolated adfluvial bull trout from numerous tributary 
spawning areas. Similarly, the Lake Pend Oreille system is isolated 
downstream by Albeni Falls Dam (1952) on the mainstem Pend Oreille 
River. The major tributary to the Pend Oreille system in this area is 
the Priest River, that enters the Pend Oreille River downstream of Lake 
Pend Oreille.
    Historical accounts indicate that bull trout were common throughout 
the Pend Oreille system (Esch and Hallock, citing others). These 
accounts undoubtedly included resident, fluvial, and adfluvial 
lifecycles. As was the case with bull trout in the Flathead system, an 
adfluvial lifecycle in Lake Pend Oreille would have been advantageous, 
and annual spawner escapement may have reached 10,000 fish (Pratt and 
Houston 1993). Annual population estimates indicated that between 1,100 
and 2,000 adfluvial bull trout may occur in Lake Pend Oreille (Pratt 
and Houston 1993).
    Analysis of redd count trend information for six Lake Pend Oreille 
tributaries found a high degree of annual variability within the system 
(Rieman and McIntyre 1993). The authors calculated a probability of 
100-year persistence for each population, based on an extinction 
threshold of 10 redds, alternate year spawning, and an instantaneous 
growth rate of zero. Of the six populations examined, four populations 
were below 50 percent probability of persistence, while fish in the 
remaining two tributaries had high probabilities for persisting (87 
percent and greater than 95 percent). When actual estimates for 
instantaneous growth rate were used, five of the populations were below 
the 40 percent probability of persistence over the next 100 years. Only 
one Lake Pend Oreille tributary had a high probability of persistence 
(88 percent).
    Since 1983, portions of 21 different tributaries to Lake Pend 
Oreille have been surveyed for bull trout redds (Idaho Bull Trout 
Survey, no date). Year to year consistency in sampling each site has 
varied. Of the 21 tributary locations, only 6 index streams were 
surveyed from 1983 through 1992. These tributaries are East Fork 
Lightning, Johnson, Trestle, Grouse, North Gold, and Gold creeks. This 
sampling represents some of the best trend information in the 1994 
administrative record concerning Lake Pend Oreille. During this period, 
redd counts in index streams varied from a high of 671 in 1985, to a 
low of 290 in 1986. The 1992 stream index redd count of 344 is 31 
percent below the 9-year average of 500.

Pend Oreille River

    The Priest River is the only remaining tributary of the Pend 
Oreille River below Lake Pend Oreille still supporting bull trout 
(Pratt and Houston 1993). As recently as 1972, bull trout were 
documented in seven tributaries of the Priest River below Priest Lake. 
However, in 1987, only three of these tributaries were found to contain 
bull trout. The reduction in bull trout abundance in Priest Lake has 
been reflected in decreased annual harvest (Mauser 1985). Between 1956 
and 1970, an annual average of 1,200 bull trout were harvested in 
Priest Lake. In 1978, a record harvest of 2,320 fish occurred, but by 
1983 this number had decreased to only 159 fish. Interactions with lake 
trout and overharvest have nearly extirpated the Priest Lake bull trout 
population (Esch and Hallock, citing others). Bull trout are still 
found in Upper Priest Lake and are considered to be healthy and a 
possible source of bull trout for the lower lake. Evidence also exists 
for the decline in redd counts in tributaries of both lakes (Esch and 
Hallock, citing others). Overall, Priest Lake is considered to be at a 
high risk of extinction, while Upper Priest Lake is thought to be at a 
moderate risk.
    Little information is available in the 1994 administrative record 
regarding bull trout status in the lower Pend Oreille River. Below Lake 
Pend Oreille and Albeni Falls Dam, mainstem impoundments have 
fragmented fluvial bull trout habitat. Historic records and accounts 
indicate that fluvial bull trout were numerous (C. Vail, WDW, undated 
USFS survey). The current bull trout population is considered remnant 
and at a high risk of extinction (WDW 1992).

Spokane River Basin

    Little information is available in the 1994 record concerning bull 
trout status

[[Page 32274]]

in the Spokane River basin. It is assumed, however, that adfluvial, 
fluvial, and resident bull trout were distributed throughout the system 
including the Coeur d'Alene River, Lake Coeur d'Alene, and the St. Joe 
River drainage (Draft Conservation Plan, Idaho Department of Fish and 
Game (IDFG), Draft Bull Trout Conservation Plan for the Upper Spokane 
River Basin, no date). Restricted to Lake Coeur d'Alene and the St. Joe 
River, spawning appears to occur in only ten tributaries in headwater 
reaches of the system. The Coeur d'Alene subbasin is currently 
considered of special concern and at high risk of extinction (D. Cross, 
USFS, in litt. 1992). The St. Joe system is considered of special 
concern and at moderate risk of extinction.
    In the Spokane River subbasin of the Columbia, stream surveys in 
1935 and 1940 documented the presence of bull trout throughout the St. 
Joe River (USFS 1935; Maclay 1940). By 1992, the occupied range in the 
upper one-third of this river was reduced by 76 percent (Cross, pers. 
comm. 1993). Similar reductions have occurred in the Coeur d'Alene 
River drainage, where bull trout range may have been reduced 90 percent 
since surveys in 1940; presently bull trout may persist in only one 
isolated tributary in the entire drainage (Maclay 1940; Lider, USFS, 
pers. comm. 1994). Due to low numbers of fluvial spawners, bull trout 
in the Spokane River subbasin were estimated to have a moderate risk of 
extinction (Hoelscher, IDFG, in litt. 1992).

Washington State Tributaries

    Historically, bull trout probably inhabited a majority of the 
tributaries to the upper Columbia River in Washington. In these 
tributaries, bull trout distribution has been significantly restricted 
and several populations, including the Okanogan River, Lake Chelan, and 
lower Yakima River, are extirpated (WDW 1992). Currently, 17 
populations of bull trout occur in Washington above the Snake River 
confluence (WDW 1992). These populations include adfluvial, fluvial and 
resident components. Subbasins within the upper Columbia River still 
supporting bull trout are the Entiat, Methow, Naches, Wenatchee, and 
Upper Yakima drainages (WDW 1992). Of these populations, three are 
declining, seven are stable, and one population is considered secure. 
The status of the six remaining bull trout populations is unknown.
    Within the upper Columbia River, risk of extinction was calculated 
for bull trout populations where the status was known (WDW 1992). 
Populations with unknown status were not classified by risk of 
extinction, but were given a priority ranking for information needs. 
Bull trout populations in Kachess and Keechelus Lakes (Upper Yakima 
River drainage), Roosevelt Lake, and the Pend Oreille River were 
considered to be at high risk of extinction (WDW 1992). Four bull trout 
populations in the Entiat, Methow, and Wenatchee River basins were 
classified as being at moderate risk of extinction (WDW 1992). 
Similarly, four other tributary populations in the Wenatchee, Methow, 
and Naches River basins were considered to be at low risk of extinction 
(WDW 1992). One tributary of the Methow River was considered to be at 
no immediate risk (WDW 1992). The remaining four bull trout populations 
in the upper Columbia River (Naches and Upper Yakima rivers) had an 
unknown status and were not classified.
    Bull trout populations in the Entiat, Upper Yakima, Wenatchee, 
Methow and Naches occur in isolated segments and appear to be sparse in 
abundance (Brown 1992, WDW 1992). However, certain populations 
including the Chiwawa River and Rimrock Lake appear to be stable. In 
Rimrock Lake and Indian Creek (spawning tributary) redd counts 
increased from 29 in 1986, to 140 in 1993 (Yakima County Bull Trout 
Status 1994; E. Anderson, WDW, in litt. 1994). The Chiwawa River is 
recognized as having one of the stronger populations in the mid-
Columbia River (Brown 1992). While long-term trend data on the Chiwawa 
River and tributaries were not available during 1991, 348 bull trout 
redds were counted in this system.

Snake River and Tributaries

    Historically, bull trout were likely widely dispersed throughout 
the Snake River drainage, limited only by natural passage and thermal 
barriers (Esch and Hallock, citing others). Current distribution is 
primarily relegated to tributaries to the mainstem Snake River upstream 
to and including the Boise River (Esch and Hallock, citing others). 
Major tributaries of the Snake River in Oregon currently supporting 
bull trout populations include the Tucannon, Grande Ronde, Imnaha, and 
the Malheur. In Idaho, bull trout can be found in the Clearwater, 
Salmon, Weiser and Boise river drainages.
    Ratliff and Howell (1992) compiled a status assessment of Oregon 
bull trout populations. Status was determined subjectively based on 
relative abundance, suppressing factors, and recovery potential of 
identified populations. In the 29 Oregon tributaries of the Snake River 
where bull trout are found, 7 percent are considered to be at high risk 
of extinction, while 14 percent are thought to be at low risk (Ratliff 
and Howell 1992). The majority of bull trout populations are either at 
moderate risk (38 percent) or are of special concern (34 percent). 
Seven percent of the examined populations are considered to be extinct. 
Of the 29 populations, 62 percent are classified as remnant, while 76 
percent of the populations have a current status of unknown. Based on 
limited information, a few tributaries, including portions of the 
Grande Ronde, Minam River, and the North Fork of the Malheur, appear to 
have viable bull trout populations (Ratliff and Howell 1992, Bowers et 
al. 1993). Of the 10 identified Snake River bull trout populations 
occurring in Washington, the status of 40 percent are declining, 30 
percent stable, and 30 percent unknown (WDW 1992).
    The quality and quantity of bull trout information for Snake River 
tributaries in Idaho is poor. Limited spot surveys indicate that bull 
trout may be widespread throughout the Clearwater and Snake River 
drainages. However, the lack of identified populations and associated 
trend information complicates status evaluation. The Rapid River is one 
of the largest remaining bull trout populations for which long-term 
trend information is available. Bull trout counts from a fish weir on 
this Salmon River tributary averaged 206 fish between 1973-91 (Rieman 
and McIntyre 1993).
    Analysis by Rieman and McIntyre (1993) calculated a probability of 
100-year persistence for Rapid River bull trout. Using weir counts 
taken over a period of 19 years, the authors assumed a 1:1 sex ratio 
and one female per redd to approximate the mean number of redds per 
year in the spawning escapement. Based on this information, an 
extinction threshold of 10 redds, alternate year spawning, and an 
instantaneous growth rate of zero, the Rapid River population had a 58 
percent probability of persistence. When the actual estimate for 
instantaneous growth rate was used, the probability for persistence 
increased to 74 percent.
    Population trend data is also lacking for bull trout in the Weiser, 
Payette, and Boise rivers. IDFG (1993) suggested that bull trout were 
widely distributed in the Payette and Boise rivers, but restricted to 
only two tributaries in the Weiser River. Density estimates for Sheep 
and Anderson creeks of the Weiser drainage ranged from 2.8 to 5.2 bull 
trout/100 square meters in 1992 (IDFG 1993), but no earlier data was 
reported to establish

[[Page 32275]]

a trend. Neither historical nor current abundance data is available for 
the Payette or Boise rivers, but Renstrom (no affiliation, in litt. 
1993) indicated that bull trout are quite common in the upper reaches 
of the North Fork Boise River and Johnson Creek; they often dominate 
the sport catch in these systems.

Lower Columbia River

    The lower Columbia River encompasses a large geographic area 
including portions of Washington and Oregon. The lower Columbia River 
includes the mainstem Columbia River and all tributaries below the 
Snake River confluence. Major tributaries include the John Day, 
Deschutes, and Willamette rivers.
    The 1994 administrative record on bull trout status in the lower 
Columbia River is largely incomplete. A significant portion of bull 
trout status information for Washington and Oregon is unknown (USDA 
1993, WDW 1992). Where sufficient data existed to determine status, 40 
percent were declining, 5 percent stable, and 15 percent secure. The 
status of the remaining 40 percent of lower Columbia River populations 
in Oregon was unknown. Of the six lower Columbia River bull trout 
populations identified in Washington all are considered remnant, with 
17 percent classified as stable, and 83 percent as ``status unknown'' 
(WDW 1992).
    Based on the 1994 administrative record, bull trout populations 
within the lower Columbia River have declined from historic levels. 
Remaining populations are generally considered to be isolated and 
remnant (Ratliff and Howell 1992, USDA 1992). Historic bull trout 
populations of the lower Columbia River consisted of adfluvial, 
fluvial, and resident components. While each lifecycle is still 
represented, the resident form is dominant, followed by the fluvial, 
and adfluvial (USDA 1992).
    Within the Oregon portion of the lower Columbia River, 23 percent 
of bull trout populations are considered to be at a high risk of 
extinction, while 15 percent are thought to be at a moderate risk, 12 
percent of special concern, 19 percent at low risk, and 31 percent are 
extinct (Ratliff and Howell 1992). In Washington, using a different 
risk assessment method (WDW 1992), only the bull trout population in 
Yale Reservoir was considered at risk (moderate). The remaining five 
bull trout populations were not evaluated with respect to risk of 
extinction due to a ``status unknown'' classification (WDW 1992).
    The primary tributaries to the lower Columbia River still 
containing bull trout are the Walla Walla, Umatilla, John Day, 
Deschutes, Hood, Lewis, and Willamette rivers. With the exception of 
the Deschutes River basin, remaining populations are dominated by 
small, isolated, remnant populations. Long-term population trend 
information contained in the 1994 administrative record is incomplete 
or lacking for the remaining bull trout populations. Where information 
was available, the low abundance, and fragmented nature of these 
headwater populations is apparent.
    An example of the variable and contradictory information found in 
the 1994 administrative record is illustrated by the John Day River 
basin. Based on bypass trap information from 1971-1992, bull trout 
counts on the Upper John Day River have been as high as 345 in 1973 to 
as low as 12 in 1988 (ODFW 1993). While the 1971-80 average of 152 was 
larger than the 1981-92 average of 95, the mean counts were not 
statistically different (p  0.05), and the 1992 bull trout 
count (232) was the third highest on record. Ratliff and Howell (1992) 
consider the Upper John Day River to be at moderate risk of extinction. 
Similar trend information in the Middle Fork or the North Fork of the 
John Day was not available. These populations are isolated and occur at 
low numbers, and Ratliff and Howell (1992) considered Middle Fork to be 
at high risk and North Fork of special concern.
    The quality of bull trout population status information varies in 
the Umatilla, Walla Walla, Hood, Willamette, and Lewis rivers. 
Populations in the Umatilla, Walla Walla, and Hood rivers are 
considered at low risk or of special concern (Ratliff and Howell 1992, 
WDW 1992). Other populations in the Hood and Willamette systems are 
considered to be at high risk of extinction. Based on direct counts and 
professional judgement these populations are isolated via impoundments 
or habitat degradation and are at low levels. Ratliff and Howell (1992) 
considered these populations to be at moderate to high risk of 
extinction.
    The strongest remaining population of bull trout in the lower 
Columbia River is the adfluvial population located in the Deschutes 
River basin. Lake Billy Chinook and the Metolius River still support a 
viable population bull trout as documented by increasing redd counts 
from 1986-93 (Ratliff 1994). This population has benefitted from 
restrictions in harvest regulations and is considered at low risk of 
extinction (Ratliff and Howell 1992). Shitike Creek below lake Billy 
Chinook still supports a relatively good population of fluvial bull 
trout, which Ratliff and Howell (1992) considered to be at low risk of 
extinction. The remaining bull trout populations in the Deschutes 
system are not doing as well. Bull trout populations in the upper 
Deschutes are either extinct or considered to be at high risk of 
extinction in the future (Ratliff and Howell 1992).

Summary of Columbia River Population Segment

    Based on the 1994 administrative record, bull trout populations 
within the upper Columbia River have declined from historic levels 
(Thomas 1992 and USDA 1993). Overall, remaining populations are 
generally considered to be isolated and remnant (Rieman and McIntyre 
1993, Thomas 1992, USDA 1993). Fluvial bull trout populations in the 
upper Columbia River portion of the distinct population segment appear 
to be nearly extirpated. Resident populations existing in headwater 
tributary reaches are isolated and generally low in abundance (Thomas 
1992). Based on information in the 1994 record, bull trout in Flathead 
Lake and Lake Pend Oreille appear to be declining. The adfluvial 
population in Swan Lake appears to be increasing and represents the 
healthiest remaining population.
    The 1994 administrative record on bull trout populations within the 
Snake River and tributaries is largely incomplete. However, with the 
lack of passage barriers, historic distribution throughout the system 
was probable. Overall, the lack of specific trend information for the 
Snake River made the analysis of population status difficult. Certain 
populations appeared to be stable, while others were at a moderate to 
high risk of extinction (Ratliff and Howell 1992).
    Historic distribution of bull trout within the lower Columbia River 
cannot be verified, but adfluvial, fluvial, and resident forms were 
likely widely distributed throughout the area (Ratliff and Howell 
1992). Current distribution is fragmented with dispersed remnant 
populations of resident and fluvial bull trout inhabiting tributaries 
(Ratliff and Howell 1992, USDS 1993, WDW 1992). Certain populations 
appeared to be stable, while others were at high risk of extinction 
(Ratliff and Howell 1992, WDW 1992).
    The general trend of bull trout populations in the Columbia River 
population segment where status is known is declining. An examination 
of 386 bull trout populations in the Columbia River population segment

[[Page 32276]]

indicated that 33 percent are declining, 15 percent stable, 3 percent 
secure, and 2 percent increasing (Ratliff and Howell 1992, USDA 1993, 
and WDW 1992). The population status of the remaining 47 percent is 
unknown. Of the 386 bull trout populations, 44 percent are considered 
remnant, 30 percent not remnant, and 26 percent unknown (Ratliff and 
Howell 1992, USDA 1993, WDW 1992).

Previous Federal Action

    On September 18, 1985, the Service published an animal notice of 
review in the Federal Register (50 FR 37958) designating the bull trout 
a category 2 candidate for listing in the coterminous United States. 
Category 2 taxa were those for which conclusive data on biological 
vulnerability and threats were not currently available to support 
proposed rules. The Service published updated notices of review for 
animals on January 6, 1989 (54 FR 554), and November 21, 1991 (56 FR 
58804), reconfirming the bull trout category 2 status. The Service 
elevated bull trout in the coterminous United States to category 1 for 
Federal listing on November 15, 1994 (59 FR 58982). Category 1 taxa 
were those for which the Service had on file substantial information on 
biological vulnerability and threats to support preparation of listing 
proposals. Upon publication of the February 28, 1996, notice of review 
(61 FR 7596), the Service ceased using category designations and 
included the bull trout as a candidate species. Candidate species are 
those for which the Service has on file sufficient information on 
biological vulnerability and threats to support proposals to list the 
species as threatened or endangered.
    On October 30, 1992, the Service received a petition to list the 
bull trout as an endangered species throughout its range from the 
following conservation organizations in Montana: Alliance for the Wild 
Rockies, Inc., Friends of the Wild Swan, and Swan View Coalition 
(petitioners). The petitioners also requested an emergency listing and 
concurrent critical habitat designation for bull trout populations in 
select aquatic ecosystems where the biological information indicates 
that the species is in imminent threat of extinction. A 90-day finding, 
published on May 17, 1993 (58 FR 28849), determined that the 
petitioners had provided substantial information indicating that 
listing of the species may be warranted. The Service initiated a 
rangewide status review of the species concurrent with publication of 
the 90-day finding.
    On June 6, 1994, the Service concluded in the original 12-month 
finding that listing of bull trout throughout its range was not 
warranted due to unavailable or insufficient data regarding threats to, 
and status and population trends of, the species within Canada and 
Alaska. However, the Service determined that sufficient information on 
the biological vulnerability and threats to the species was available 
to support a warranted finding to list bull trout within the 
coterminous United States. Because the Service concluded that the 
threats were imminent and moderate to this population segment, the 
Service gave the bull trout within the coterminous United States a 
listing priority number of 9. As a result, the Service found that 
listing a distinct vertebrate population segment of bull trout residing 
in the coterminous United States was warranted, but precluded due to 
higher priority listing actions.
    On November 1, 1994, Friends of the Wild Swan, Inc. and Alliance 
for the Wild Rockies, Inc. (plaintiffs) filed suit in the Federal 
District Court of Oregon arguing that the warranted but precluded 
finding was arbitrary and capricious. After the Service issued a 
``recycled'' 12-month finding for the coterminous population of bull 
trout on June 12, 1995, the district court issued an order declaring 
the plaintiffs' challenge to the original finding moot. The plaintiffs 
declined to amend their complaint and appealed to the Ninth Circuit 
Court of Appeals, which found that the plaintiffs' challenge fell 
``within the exception to the mootness doctrine for claims that are 
capable of repetition yet evading review.'' On April 2, 1996, the 
circuit court remanded the case back to the district court. On November 
13, 1996, the district court (Court) issued an order and opinion 
remanding the original finding to the Service for further 
consideration. Included in the instructions from the Court were 
requirements that the Service limit its review to the 1994 
administrative record, and incorporate any emergency listings or high 
magnitude threat determinations into current listing priorities. In 
addition, reliance on other Federal agency plans and actions was 
precluded. The reconsidered 12-month finding was delivered to the Court 
on March 13, 1997. This finding determined that the Klamath River and 
Columbia River population segments warranted listing based on the 1994 
administrative record.
    On March 24, 1997, the plaintiffs filed a motion for mandatory 
injunction to compel the Service to issue a proposed rule to list the 
Klamath and Columbia bull trout populations within 30 days based solely 
on the 1994 administrative record. In response to this motion, the 
Service ``concluded that the law of this case requires the publication 
of a proposed rule'' to list the two warranted populations. On April 4, 
1997, the Service requested 60 days to prepare and review the proposed 
rule. In a stipulation between the Service and plaintiffs filed with 
the Court on April 11, 1997, the Service agreed to issue a proposed 
rule in 60 days to list the Klamath River population of bull trout as 
endangered and the Columbia River population of bull trout as 
threatened based solely on the 1994 record. As a result, the Service 
did not consider any information received since the close of the 1994 
record in the development of this proposal.
    The processing of this proposed rule conforms with the Service's 
final listing priority guidance published in the Federal Register on 
December 6, 1996 (61 FR 64475). The guidance clarifies the order in 
which the Service will process rulemakings during fiscal year 1997. The 
guidance calls for giving highest priority to handling emergency 
situations (Tier 1), second highest priority (Tier 2) to resolving the 
listing status of the outstanding proposed listings, and third priority 
(Tier 3) to new proposals to add species to the list of threatened and 
endangered plants and animals. This proposed rule constitutes a Tier 3 
action.

Summary of Factors Affecting These Species

    Procedures found in section 4 of the Endangered Species Act (16 
U.S.C. 1533) and regulations (50 CFR part 424) promulgated to implement 
the Act set forth the procedures for adding species to the Federal 
lists. A species may be determined to be an endangered or threatened 
species due to one or more of the five factors described in section 
4(a)(1). These factors and their application to the Klamath River 
population segment and Columbia River population segment of bull trout 
(Salvelinus confluentus) are as follows:
    A. The present or threatened destruction, modification, or 
curtailment of its habitat or range. According to the 1994 
administrative record, many instream habitat features have been 
significantly impaired as a result of land management activities, 
including forest management and road building, hydropower and 
irrigation diversions, mining, and grazing (Chamberlain et al. 1991, 
Craig and Wissmar 1993, Frissell 1993, Furniss et al. 1991, Isaacson 
1994, Meehan 1991, Nehlsen et al. 1991, Salo and Cundy 1987, Sedell and 
Everest 1991). Based on a survey of biologists, only 18

[[Page 32277]]

percent of all bull trout populations and stream segments rangewide are 
not threatened by degraded habitat conditions (USDA 1993). Adverse 
impacts to bull trout habitat and populations due to land management 
practices have been documented throughout the species' range in the 
conterminous United States (Brown 1992, Fraley and Shepard 1989, Goetz 
1989, Howell and Buchanan 1992, Isaacson 1994, Meehan and Bjorn 1991, 
Platts et al. 1993, Pratt 1992, Pratt and Huston 1994, Rieman and 
McIntyre 1993, Shepard et al. 1984a, 1984b, Thomas 1992, USDA 1993, 
Weaver and Fraley 1991, WDW 1992). While some bull trout persist in 
``managed'' drainages (Hicks, Plum Creek Timber Company, in litt., 
1993), it is likely that these populations are at risk of extinction 
(Rieman and McIntyre 1993).
    Forest management has degraded bull trout habitat throughout the 
species' range. Logging and road building activities threaten bull 
trout populations within and downstream of managed areas through 
increased sediment production and delivery to streams, reduced 
streamside canopy closure, increased stream temperatures, and reduced 
woody debris recruitment (Chamberlain et al. 1991, Furniss et al. 1991, 
Weaver and Fraley 1991, Thomas 1992, Isaacson 1994). Thousands of miles 
of logging roads and vast acreage of recently logged watersheds will 
continue to impact hydrologic functions and habitat quality throughout 
the species' range for at least several decades (Isaacson 1994).
    While forest management activity is cited as a contributor to bull 
trout population decline, the precise impact of a specific activity or 
accumulation of activities on the abundance, resilience or long-term 
persistence of a population is unknown (USDA 1993). Haugen (1991) 
estimated that salmonid habitat had been reduced in the Columbia Basin 
by about 24 percent in the past century as a result of these land 
management practices. On National Forests, most habitat alterations 
occurred during the period 1940-1970 when forest management focused on 
commodity resources.
    Dam and reservoir construction and operation have significantly 
altered major portions of the riverine habitats of bull trout 
throughout the Columbia River Basin. Numerous dams without adequate 
fish passage have created barriers to fluvial and adfluvial bull trout, 
precluding access to former spawning, rearing, and migration habitats 
(Craig and Wissmar 1993, WDW 1992b, ODFW 1993). Altered hydrographs and 
water quality conditions may also degrade bull trout forage bases 
(Marotz 1993). Many migratory bull trout populations associated with 
mainstem river systems have been extirpated due to the construction of 
dams, particularly in the Columbia Basin (Brown 1992, Goetz 1991, WDW 
1992a, ODFW 1993). The completion of McCloud Dam in 1965 has been cited 
as the primary cause of bull trout extirpation from California (Rode 
1990).
    Connectivity within and between watersheds is essential for 
maintaining aquatic ecosystem functions and healthy bull trout 
populations (Rieman and McIntyre 1993). Numerous hydroelectric and 
water storage dams currently isolate a large number of bull trout 
populations rangewide. The construction of hydropower dams on major 
river tributaries has isolated upper basin populations, and eliminated 
the downstream fluvial or adfluvial life history forms dependent on 
upstream spawning habitat. Irrigation and hydroelectric dams, large and 
small, have blocked bull trout migration in almost all drainages in the 
Pacific Northwest and converted riverine habitats into reservoir 
habitats (Platts et al. 1993). In many instances, natural 
recolonization of historically occupied bull trout sites has become 
impossible. But, movement of introduced species or undesirable species 
may also be controlled by a dam, thus, enabling bull trout to utilize 
historic habitats without competition from non-indigenous species.
    Impacts associated with agriculture, including irrigation and water 
storage activities, have adversely impacted bull trout habitat. 
Agricultural activities reduce streamside cover, increase 
sedimentation, and introduce point and non-point source pollution. 
Unscreened irrigation diversions likely trap juvenile bull trout 
migrating downstream (Ratliff and Howell 1992).
    Grazing impacts to salmonid habitat have been described by many 
authors (Platts 1991, Elmore and Beschta 1987, Meehan and Platts 1978). 
Improper livestock grazing negatively affects bull trout by reducing 
riparian vegetation, changing stream morphology and increasing soil 
erosion. These alterations degrade thermal and structural habitat 
conditions and water quality for bull trout, and compound the negative 
impacts of human activities.
    Mining has adversely affected bull trout and their habitats in 
Idaho, Montana, Oregon, and Washington (Coeur d'Alene Tribe of Idaho et 
al. 1991, Johnson and Schmidt 1988, Martin and Platts 1981, Platts et 
al. 1993, USDA 1992, USDA 1993, WDW 1992b). Mining can degrade aquatic 
systems by producing sediment and toxic heavy metals, altering water 
acidity levels, and changing stream channels and flow (Esch and 
Hallock, citing others).

Klamath River Population Segment

    The migratory life history forms (fluvial and adfluvial) of bull 
trout in the Klamath Basin have been lost because the habitat and 
migratory corridors that once supported these fish have been degraded 
to an unsuitable condition. This degradation appears to have been 
caused primarily by the loss of riparian vegetation and water 
withdrawals, but channelization of Sun Creek and a few other streams 
near Crater Lake has also been blamed for the loss of migratory fish. 
Land ownership and agricultural practices in the basin suggest that the 
loss of riparian vegetation is due to livestock grazing, timber 
harvest, and road construction. Ziller (in litt. 1992) noted that the 
removal of the riparian canopy increased stream temperatures. Water 
withdrawals at irrigation diversions are common in the basin, and occur 
on most streams where bull trout reside (OCAFS 1993). Because these 
diversions are unscreened and unregulated in regard to minimum flow 
and/or maximum withdrawal, direct loss of fish has been suggested and 
downstream areas have become entirely dewatered or unsuitable for bull 
trout due to low water flows and associated increasing temperatures 
(OCAFS 1993). These factors have rendered much of the basin unsuitable 
habitat for bull trout, and have isolated small resident populations in 
extreme headwater areas where suitable habitat still exists (Ziller 
1992, Ratliff and Howell 1992). Irrigation, livestock grazing, timber 
harvest, and road construction is expected to continue in the basin 
along with the associated impacts to aquatic habitat. Based on the 1994 
record, the present or threatened destruction, modification, or 
curtailment of bull trout habitat or range threatens the Klamath River 
distinct population segment of bull trout.

Columbia River Population Segment

    Bull trout populations in the Columbia River population segment 
face a number of threats from habitat degradation and passage problems. 
Isaacson (1994) documented extensive habitat degradation of watersheds 
in Idaho and Montana. Suitable bull trout habitat on National Forest 
lands west of the Continental Divide have been impacted by land 
management practices including logging, road building, and grazing. 
Based on a survey of National

[[Page 32278]]

Forests reported by Isaacson (1994), a significant portion of 
watersheds on the Clearwater (71 percent), Nez Perce (67 percent), 
Kootenai (42 percent), Lolo (65 percent), Bitterroot (66 percent), 
Flathead (44 percent), and Idaho Panhandle National Forests (64 
percent) have been moderately to severely degraded. Moreover, a large 
number of National Forests in Idaho and Montana do not meet existing 
Forest Plan standards for woody debris, pool/riffle ratios and other 
stream habitat parameters correlated with bull trout persistence 
(Isaacson 1994). Only 31 percent of streams in the Lake Pend Oreille 
basin meet Forest Plan standards for stream habitat attributes, and 
most of these streams (52 percent) are in the most degraded category. 
Such land management practices have deleterious effects on bull trout 
populations. In the Flathead River drainage, decreased survival of 
early life history stages was associated with increases in deposition 
of fine sediments in spawning gravel (Shepard 1984a, Weaver and Fraley 
1991).
    High water temperature is considered to be a factor limiting bull 
trout in certain Washington systems (Craig and Wissmer 1993). The 
negative impacts of grazing appear to be major factors in habitat 
degradation in Oregon and Idaho (USDA 1993). Grazing is identified as a 
major cause of habitat degradation in 15 of 34 streams/stream reaches 
supporting bull trout populations in the Clearwater River basin (USFS, 
in litt., 1993). In Washington, for instance, agriculture was 
identified as being one of the greatest sources of non-point source 
pollution to rivers and streams (Edwards et al. 1992 in USDA 1994). 
Water quality in the Yakima River system has been degraded due to 
agricultural activities (WDE 1992).
    Based on re-surveys of five rivers in the Lower Columbia, Sedell 
and Everest (1991) documented a loss of large pools during the past 50 
years due to grazing, road construction, dredge mining, agricultural 
practices, and forest management. On the Middle Fork Salmon River in 
Idaho, large pool density has decreased 52 percent in some tributaries. 
On the Grande Ronde, Willamette, and Lewis and Clark rivers in Oregon 
the concentration of large pools has decreased by 67, 41, and 60 
percent, respectively. Only tributaries in the Yakima River basin in 
Washington exhibited an increase (27 percent) in pool density.
    Habitat degradation as the result of mining related activities in 
Montana has resulted in the extinction of some populations and the 
reduction of others (Thomas 1992). The upper Clark Fork above Milltown 
Dam in Montana has been contaminated by high levels of arsenic, 
cadmium, copper, lead, and zinc from large-scale copper mining and 
mineral processing. As a result, four Superfund sites have been 
designated in this area, and tests indicate that contamination has 
caused substantial reductions in the number, growth, and diversity of 
trout (RCG/Hagler, Bailly, Inc. 1993). Bull trout have likely been 
among the fish impacted, as only a few scattered headwater populations 
of bull trout currently exist. Entire drainages within the Clearwater 
and Salmon River basins have been severely degraded by past gold dredge 
mining practices (Esch and Hallock, no date). Mining continues in two 
streams with bull trout in the North Fork Clearwater River (C. 
Huntington, Clearwater Biostudies, pers. comm. 1993).
    Irrigation practices restrict bull trout migrations and isolate 
populations from historical mainstem habitats in the Snake, Yakima, 
Walla Walla, Powder, Malheur, Grande Ronde, Umatilla, John Day, Clark 
Fork, and Bitterroot rivers (ODFW 1993, Thomas 1992, WDW 1992b). 
Dorratcaque (1986) documented chronic flow and passage problems on the 
Lemhi River of Idaho, where a complete lack of flow has occurred during 
the migration period. Over 80 percent of the annual stream flow in the 
Yakima subbasin is diverted for irrigation purposes and return flows 
account for 90 percent of the lower-river flow during the irrigation 
season (WDE 1992). Bull trout in this subbasin are now isolated in 
upper tributaries and are at high risk of extinction (WDW 1992b).
    In addition to the negative effects associated with improper land 
management practices, habitat fragmentation due to hydroelectric 
impoundments have significantly impacted bull trout populations. 
Numerous impoundments throughout the Columbia Basin have isolated 
populations and altered mainstem habitat. Hydroelectric facilities such 
as Albeni Falls (1952), Noxon Rapids (1958), Cabinet Gorge (1951), and 
Milltown (1906) in the Clark Fork/Pend Oreille system have eliminated 
or reduced adfluvial and fluvial populations (Paragamian and Ellis 
1993, Pratt and Houston 1993, and Thomas 1992). Similar consequences 
have occurred on the Flathead River where Kerr, Big Fork, and Hungry 
Horse Dams curtail population interchange (Fraley et al. 1989). Bull 
trout populations in Montana and northern Idaho are functionally 
isolated from lower Columbia River populations by a number of mainstem 
River impoundments including Chief Joseph and Grand Coulee Dams. The 
mainstem Columbia and Snake rivers are fragmented by 11 hydroelectric 
facilities. In addition, smaller impoundments are numerous throughout 
the system and have isolated bull trout populations in Montana, Idaho, 
Washington, and Oregon (USDA 1993). New hydropower development 
continues to occur, primarily for small hydropower facilities. For 
example, the Horseshoe Bend Project on the Payette River in Idaho, 
would involve a diversion dam and powerhouse that could cause bull 
trout migration problems and habitat losses from dewatering. Other 
examples of segregation due to hydropower include three dams along the 
Lewis River in southwest Washington, all built without passage 
facilities.
    Although bull trout are widely distributed throughout the Columbia 
River population segment, individual populations are highly fragmented, 
and most populations are isolated and remnant. Of those populations 
where status is known and population data exist, the general trend in 
this distinct population segment is declining. A few populations, 
however, are considered stable or increasing, and are represented in 
parts of the Swan, Deschutes, Grande Ronde, Tucannon, and Malheur River 
basins. Documented habitat losses from timber harvest, grazing, mining, 
and hydropower are widespread and expected to continue throughout the 
distinct population segment. Based on the 1994 record, the present or 
threatened destruction, modification, or curtailment of bull trout 
habitat or range threatens the Columbia River distinct population 
segment of bull trout.
    B. Overutilization for commercial, recreational, scientific, or 
educational purposes. According to the 1994 administrative record, bull 
trout historically have been targeted by anglers and government 
agencies who viewed the species as undesirable because of its 
piscivorous habits (Bond 1992). As recently as 1990, programs were 
conducted to remove bull trout through outright killing of fish, 
bounties, and poisoning of waterways (Simpson and Wallace 1978, Ratliff 
and Howell 1992, ODFW 1993, Newton and Pribyl 1994).
    Many bull trout populations were intensely harvested prior to the 
implementation of restrictive angling regulations (Brown 1992, ODFW 
1993, WDW 1992b). Overharvest (both legal and illegal) can seriously 
threaten populations already reduced by factors such as competition, 
degraded habitat, and isolation (Fraley et al. 1989, Brown

[[Page 32279]]

1992a, Craig and Wissmar 1993). Forty-two percent of all populations 
across the range were considered suppressed due to accessibility and 
overharvest (USDA 1993).
    In recognition of the decline of bull trout populations rangewide, 
harvest regulations have become significantly restrictive in recent 
years. While certain introduced fish, such as small rainbow trout, may 
provide supplemental forage for large adult bull trout (Faler 1991, 
Pratt 1992, ODFW 1993), introductions have been shown to increase the 
risk of incidental and illegal harvest (Rode 1990, Bond 1992, WDW 
1992b). Unfortunately, illegal poaching of bull trout continues and 
especially threatens small populations (WDW 1992b; Pratt and Huston 
1993; USDA 1993; Goetz, pers. comm. 1994, Perkinson, Kootenai National 
Forest, in litt., 1994).
    Electrofishing-induced injury may pose a new threat to bull trout 
because of the dramatic rise in bull trout inventories using 
electrofishing techniques (Horton, pers. comm. 1993). If electrofishing 
is not conducted properly, bull trout may suffer mortality or injury 
(Fredenberg 1992; McMichael 1993; Sharber and Carothers 1988; 
Fredenberg, Fish and Wildlife Service, pers. comm. 1993).

Klamath River Population Segment

    Though recreational harvest of adult bull trout likely contributed 
to the historical decline of the species, harvest has been curtailed 
since a regulatory ban was imposed in 1992. Because angling for other 
trout species continues, OCAFS (1993) suggested that incidental 
mortality may occur on bull trout in spite of their no-harvest 
regulation. This claim is speculative, however, and it is not supported 
in the 1994 record. As a result, the overutilization of bull trout for 
commercial, recreational, scientific, or educational purposes does not 
threaten the Klamath Basin population segment based on the 1994 record.

Columbia River Population Segment

    Historic harvest in the range of the Columbia River population 
segment likely contributed to the observed decline of bull trout. In 
the past, harvest included legal recreational angling, poaching, and 
directed eradication programs (Thomas 1992). Statewide angling 
regulations have recently become more restrictive in an attempt to 
protect bull trout throughout Montana, Idaho, Oregon and Washington. 
Oregon, Idaho, and Montana have adopted much more restrictive statewide 
angling regulations for harvest fisheries associated with Lake Billy 
Chinook, Lake Pend Oreille, and Flathead Lake. Those areas of Oregon 
where bull trout are in the most precarious situations (including the 
Willamette, Hood, Malheur, Powder, and Pine rivers) are now closed to 
fishing (Ratliff and Howell 1992). In an effort to protect bull trout 
from recreational harvest, the Washington Department of Fish and 
Wildlife has prohibited take of bull trout in eastern Washington and in 
the lower Columbia River (Brown 1992). While undocumented, poaching may 
still be a problem in certain areas of the Columbia River population 
segment, especially for large adfluvial and fluvial adults. However, 
because angling restrictions are in place and legal harvest is limited 
to only a few large populations, the overutilization of bull trout for 
commercial, recreational, scientific, or educational purposes in the 
Columbia River population segment is not substantiated in the 1994 
record.
    C. Disease and predation. Disease is not believed to be a critical 
factor in the long-term health and survival of bull trout populations. 
Predation on juvenile bull trout by non-native fish species, such as 
lake, brown, and brook trout, is a recent and potentially serious 
threat to some populations (Pratt and Huston 1993, Rieman and McIntyre 
1993).

Klamath River Population Segment

    Exotic fish species have been introduced into Klamath Basin 
streams, and either brown or brook trout reside in conjunction with 
bull trout in all but one of the seven remaining populations (Ziller 
1992, Ratliff and Howell 1992). The most significant threat by 
introduced species to bull trout is hybridization (see section E. Other 
natural or manmade factors affecting its continued existence). Although 
the potential for predation prevails, no evidence in the 1994 record 
suggests that predation occurs in this population segment. Neither 
Ratliff and Howell (1992) or OCAFS (1993) considered predation to be a 
threat to bull trout in the Klamath Basin. Based on the administrative 
1994 record, disease or predation do not threaten the Klamath Basin 
population segment.

Columbia River Population Segment

    Little information exists for the Columbia River population segment 
that implicates predation or disease as a significant factor for bull 
trout decline. Introductions of non-native fish present the most 
serious threat through hybridization (see section E. Other natural or 
manmade factors affecting its continued existence). However, lake trout 
populations have increased in Flathead Lake and resulted in the 
expansion of lake trout into the Flathead River system (Vashro et al. 
1992), where they may prey on emigrating juvenile bull trout (Thomas 
1992; Fredenberg, pers. comm. 1994). Similarly, bull trout population 
declines in Priest Lake, Idaho, appear to be correlated with the 
abundance of lake trout (Mauser 1985, Pratt and Houston 1993) and may 
be due to either competition or predation. Nonetheless, based on 
administrative 1994 record, disease does not threaten the Columbia 
River population segment and the threat posed by predation is limited 
and not substantiated for the entire population segment.
    D. The inadequacy of existing regulatory mechanisms. Implementation 
of Federal and State laws designed to conserve fish resources or 
maintain water quality has been inadequate to prevent past and ongoing 
habitat degradation and population fragmentation. Deficient agency 
funding, competing implementation priorities and the large multi-state/
international geographic area have contributed to this inadequacy. In 
addition, conservation measures provided for in many additional 
regulations are merely advisory to action agencies. Federal laws 
include the Fish and Wildlife Coordination Act; National Forest 
Management Act; Federal Land Policy and Management Act; Oregon and 
California Act; Clean Water Act; Rivers and Harbors Act; Federal Power 
Act; Pacific Northwest Electric Power Planning and Conservation Act; 
and Comprehensive Environmental Response, Compensation, and Liability 
Act. State laws include the Montana Stream Protection Act, Montana 
Natural Streambed and Land Preservation Act, and the Washington Forest 
Practices Act. In response to population declines, State fisheries 
agencies throughout the range have imposed increasingly restrictive 
harvest regulations for bull trout.

Klamath River Population Segment

    Though historic harvest in the Klamath River basin likely 
contributed to the decline of bull trout, no information is provided in 
1994 record to suggest that harvest, or the inadequacy of environmental 
rules and regulations now threaten bull trout. Given that legal harvest 
has been stopped since 1992, the 1994 record does not document 
inadequate existing regulatory mechanisms for the Klamath River 
population segment.

Columbia River Population Segment

    Historic harvest in the Columbia River Basin likely contributed to 
the decline

[[Page 32280]]

of bull trout (Ratliff and Howell 1992, Thomas 1992). Harvest included 
legal recreational angling, poaching, and directed eradication programs 
(Thomas 1992). Idaho, Montana, and Oregon have since adopted much more 
restrictive harvest regulations for the stronghold fisheries of Lake 
Pend Oreille, Flathead Lake, and Lake Billy Chinook. Fishing seasons 
are closed to the harvest of bull trout in virtually all other waters 
of this distinct population segment outside of Canada. However, 
implementation of Federal and State laws designed to conserve fish 
resources or maintain water quality has been inadequate to prevent past 
and ongoing habitat degradation and population fragmentation. Deficient 
agency funding, competing implementation priorities and the large 
multi-state/international geographic area have contributed to this 
inadequacy. Thus, given the above and that the general trend of bull 
trout populations in this distinct population segment is declining, the 
1994 record suggests that existing regulatory mechanisms for the 
Columbia River distinct population segment are inadequate.
    E. Other natural or manmade factors affecting its continued 
existence. Isolation, competition, and hybridization with introduced 
species adversely impact the persistence and viability of bull trout 
populations. Widespread introduction of non-native species across the 
range of bull trout has frequently resulted in serious population 
declines and extirpations (Bond 1992, Donald and Alger 1993, Howell and 
Buchanan 1992, Leary et al. 1993, Markle 1992, Platts et al. 1993, 
Pratt and Huston 1993, Rieman and McIntyre 1993, Isaacson 1994). Fish 
introductions significantly affect the persistence of populations, 
particularly when occurring in concert with habitat degradation and 
extirpated migratory life history forms (Rieman and McIntyre 1993).
    Introduced brook trout have become established throughout much of 
the range of bull trout and hybridization seriously threatens the 
persistence of bull trout populations (Leary et al. 1993; Markle 1992; 
Rieman and McIntyre 1993; Thomas 1992, WDW 1992a and 1992b). 
Hybridization results in offspring that are nearly always sterile, 
eventually eliminating bull trout from a system (Leary et al. 1993). 
Life history differences between the two species (brook trout mature 
faster and have a higher reproductive rate) favor brook trout where 
ranges overlap (Thomas 1992). This threat is exacerbated when larger, 
migratory forms of bull trout have been eliminated and gene flow is 
prevented by the isolation of remnant bull trout populations.
    Non-native lake trout are dominant and are able to displace bull 
trout where niche overlap and potential competition between the two 
species is substantial (Donald and Alger 1993). In two cases, 
introduced lake trout have replaced bull trout in less than 30 years 
(Donald and Alger 1993). In another case, lake trout appear to be in 
the process of replacing bull trout in Flathead Lake, which was 
considered a stronghold for bull trout (Thomas 1992, Weaver 1993).
    Non-native brown trout and bull trout are likely to be in direct 
competition in numerous drainages (Platts et al. 1993, Pratt and Huston 
1993, Ratliff and Howell 1992). Pratt and Huston (1993) note that brown 
trout and bull trout achieve similar sizes and have overlapping 
spawning seasons, which may result in disruption of bull trout redds 
and competition for resources.
    A variety of mechanisms are responsible for isolating bull trout 
populations across their range. Isolation may occur directly, resulting 
from barrier structures (e.g., dams, weirs, culverts, stream 
diversions), or indirectly as a result of degraded habitat conditions 
(e.g., altered thermal regimes, dewatered stream reaches, 
channelization). Once isolated, bull trout populations face relatively 
high probabilities of extinction due to loss of gene flow and 
relatively low population size (Rieman and McIntyre 1993).

Klamath River Population Segment

    Perhaps the most significant threat to the remaining bull trout 
populations in the Klamath Basin is hybridization with introduced brook 
trout. Where the two species reside together, bull trout abundance is 
alarmingly low, and hybrids are common; only four populations exist in 
the absence of brook trout and these populations are the most abundant 
populations in the basin (Ratliff and Howell 1992, Ziller, 1992). Bull 
trout have recently gone extinct in the Upper Sycan River and Sevenmile 
Creek, which now contain only brook trout and hybrids (Ratliff and 
Howell 1992). Because bull trout  brook trout hybrids are 
almost always sterile, the loss of the less numerous parental species 
(typically bull trout) inevitably occurs (Leary et al, 1992). 
Differences in life history and habitat tolerances between the species 
also tend to favor brook trout.
    Competition with introduced brook and brown trout particularly may 
threaten bull trout in the Klamath Basin because only one of the seven 
remaining populations exist in the absence of these species (Ratliff 
and Howell 1992, Ziller 1992). Population declines, however, have not 
been attributed to competition in the basin like they have been to 
hybridization and habitat loss.
    The seven remaining populations of bull trout in the Klamath Basin 
are isolated from one another by degraded, unsuitable habitat. In 
addition, four of these populations have a total population size of 
fewer than 500 individuals (all age classes represented) (B. Hooton, 
ODFW, in litt. 1993). Extinction risks increase dramatically when 
isolated populations decrease in size and/or metapopulations become 
further fragmented (Rieman and McIntyre 1993). In addition, the 
restriction of gene flow among isolated populations compounds these 
threats and reduces genetic diversity and the associated plasticity of 
populations to withstand extreme environmental conditions (Rieman and 
McIntyre 1993). These situations are prominent within the Klamath River 
population segment. Based on the documented hybridization and human-
induced isolation described in the 1994 record, other natural or 
manmade factors pose a threat to the continued existence of the Klamath 
River population segment.

Columbia River Population Segment

    In parts of the Columbia River Basin, non-native introductions 
seriously threaten bull trout populations. Where bull trout occur with 
brook trout, the threat of hybridization, loss of genetic integrity, 
and production of sterile offspring is a major concern (Ratliff and 
Howell 1992; Thomas 1992; Esch and Hallock, no date; USDA 1992). Forty-
five percent of the bull trout populations in Oregon evaluated by 
Ratliff and Howell (1992) were considered at risk from brook trout. 
Populations that are at greatest risk are resident forms occurring 
predominantly in the headwater tributary reaches. Adfluvial and fluvial 
bull trout appear to be at less risk (Ratliff and Howell 1992). 
However, adfluvial and fluvial bull trout are in direct competition 
with non-native lake trout in certain areas such as Priest Lake, Idaho 
(Pratt and Houston 1993). Bull trout displacement by lake trout is of 
special concern in Flathead Lake, Montana and Lake Pend Oreille, Idaho, 
which have been considered strongholds for bull trout (Thomas 1992, 
Weaver 1993). Based on the documented hybridization and competition 
from introduced brook and lake trout described in the 1994 record, 
other natural and manmade factors pose a threat to the continued 
existence of the Columbia River population segment.
    The Service has carefully assessed the best scientific and 
commercial

[[Page 32281]]

information available in the 1994 administrative record regarding the 
present and future threats facing the two distinct population segments 
of bull trout. Determinations by distinct population segment follow.

Klamath River Population Segment

    The trend for this distinct population segment is declining based 
on the 1994 record. Only seven bull trout populations remain, which are 
isolated and remnant, and occupy only a fraction of the historically 
available habitat. Larger, more fecund migratory forms have essentially 
been lost from the entire distinct population segment, with only small, 
resident fish still existing. Imminent threats from habitat 
degradation, irrigation diversions, and the presence of non-native 
brook trout place this distinct population segment at a moderate to 
high risk of extinction.
    Documented evidence for a drastic decline in bull trout in the 
Klamath River population segment was prominent in the 1994 record. None 
of the seven remaining populations occupy any more than 2.5 miles of 
available habitat, and no one population consists of more than 500 
individuals (all year classes represented). Because the remaining 
populations consist of small resident forms with low fecundity, 
reproductive and natural recovery potential is extremely poor. As a 
result, their likelihood of persistence in the foreseeable future is 
uncertain in the absence of special protection and recovery efforts. 
Based on an evaluation of the 1994 administrative record, the Klamath 
River population segment is in danger of extinction throughout all or a 
significant portion of its range, and, thus, this population segment 
fits the definition of endangered as defined by the Act.

Columbia River Population Segment

    Bull trout populations within the Columbia River population segment 
have declined from historic levels and are generally considered to be 
isolated and remnant (Rieman and McIntyre 1993, Thomas 1992, USDA 1993, 
WDW 1992). An examination of 386 bull trout populations in this 
population segment in the United States indicated that 33 percent were 
declining, 15 percent stable, 3 percent secure, and 2 percent 
increasing (Ratliff and Howell 1992, USDA 1993, WDW 1992). The 
population status of the remaining 47 percent in the United States was 
unknown, as were those populations in British Columbia in the 1994 
record. Because the Service considered known documented trends within a 
distinct population segment to be representative of the entire 
population segment, an overall declining trend of bull trout 
populations in the Columbia River basin was evident based on the 1994 
administrative record.
    Decrease in bull trout abundance throughout the Columbia River 
population segment is evident with former stronghold populations in 
Flathead Lake and Lake Pend Oreille declining. However, examples of 
stable or increasing populations, such as Swan Lake and Lake Billy 
Chinook, were also found in this distinct population segment. Because 
of the species' wide range, scattered distribution, and diversity of 
life histories in the Columbia River basin, threats from habitat 
degradation, passage restriction, and non-native brook trout are 
moderate for bull trout populations in this distinct population 
segment. Based on the above evaluation of the 1994 administrative 
record, the Columbia River population segment is likely to become 
endangered within the foreseeable future throughout all or a 
significant portion of its range, and, thus, this population segment 
fits the definition of threatened as defined by the Act.
    Critical habitat is not determinable for the two distinct 
population segments of bull trout included in this proposed rule, for 
reasons discussed in the ``Critical Habitat'' section of this rule.

Critical Habitat

    Critical habitat is defined in section 3 of the Act as--(i) the 
specific area within the geographical area occupied by a species, at 
the time it is listed in accordance with the Act, on which are found 
those biological features (I) essential to the conservation of the 
species and (II) which may require special management considerations or 
protection; and (ii) specific areas outside the geographical area 
occupied by a species at the time it is listed, upon a determination 
that such areas are essential for the conservation of the species. 
``Conservation'' means the use of all methods and procedures needed to 
bring the species to the point at which listing under the Act is no 
longer necessary.
    Section 4(a)(3) of the Act, as amended, and implementing 
regulations (50 CFR 424.12) require that, to the maximum extent prudent 
and determinable, the Secretary designate critical habitat at the time 
the species is determined to be endangered or threatened. Service 
regulations (50 CFR 424.12(a)) state that critical habitat is not 
determinable if information sufficient to perform required analysis of 
impacts of the designation is lacking or if the biological needs of the 
species are not sufficiently well known to permit identification of an 
area as critical habitat. Section 4(b)(2) of the Act requires the 
Service to consider economic and other relevant impacts of designating 
a particular area as critical habitat on the basis of the best 
scientific data available. The Secretary may exclude any area from 
critical habitat if he determines that the benefits of such exclusion 
outweigh the conservation benefits, unless to do such would result in 
the extinction of the species.
    The Service finds that the determination of critical habitat is not 
determinable for these distinct population segments based on the 1994 
administrative record. When a ``not determinable'' finding is made, the 
Service must, within 2 years of the publication date of the original 
proposed rule, designate critical habitat, unless the designation is 
found to be not prudent. The Service reached this conclusion because 
the biological needs of the species in the two population segments are 
not sufficiently well known to permit identification of areas as 
critical habitat in the 1994 administrative record. Specifically, no 
information was available in the 1994 record on the number of 
individuals required for a viable population throughout the distinct 
population segment. In addition, the extent of habitat required for 
recovery of these fish had not been identified. This information is 
considered essential for determining critical habitat for these 
population segments. Therefore, the Service finds that designation of 
critical habitat for these species is not determinable at this time.

Available Conservation Measures

    Conservation measures provided to species listed as endangered or 
threatened under the Endangered Species Act include recognition, 
recovery actions, requirements for Federal protection, and prohibitions 
against certain activities. Recognition through listing encourages and 
results in conservation actions by Federal, State, and private 
agencies, groups, and individuals. The Act provides for possible land 
acquisition and cooperation with the State and requires that recovery 
actions be carried out for all listed species. The protection required 
of Federal agencies and the prohibitions against taking and harm are 
discussed, in part, below.
    Section 7(a) of the Act, as amended, requires Federal agencies to 
evaluate their actions with respect to any species that is proposed or 
listed as endangered or threatened and with respect to its critical 
habitat, if any is being

[[Page 32282]]

designated. Regulations implementing this interagency cooperation 
provision of the Act are codified at 50 CFR Part 402. Section 7(a)(4) 
requires Federal agencies to confer with the Service on any action that 
is likely to jeopardize the continued existence of a species proposed 
for listing or result in destruction or adverse modification of 
proposed critical habitat. If a species is listed subsequently, section 
7(a)(2) requires Federal agencies to insure that activities they 
authorize, fund, or carry out are not likely to jeopardize the 
continued existence of a listed species or to destroy or adversely 
modify its critical habitat. If a Federal action may affect a listed 
species or its critical habitat, the responsible Federal agency must 
enter into formal consultation with the Service.
    The Klamath River and Columbia River bull trout population segments 
occur on lands administered by the U.S. Forest Service and Bureau of 
Land Management (BLM); various State-owned properties in Oregon, 
Washington, Idaho and Montana; and private lands. Federal agency 
actions that may require conference and/or consultation as described in 
the preceding paragraph include Army Corps of Engineers (Corps) 
involvement in projects such as the construction of roads and bridges, 
and the permitting of wetland filling and dredging projects subject to 
section 404 of the Clean Water Act (33 U.S.C. 1344 et seq.); Federal 
Energy Regulatory Commission licensed hydropower projects authorized 
under the Federal Power Act; Forest Service and BLM timber and grazing 
management activities; Environmental Protection Agency authorized 
discharges under the National Pollutant Discharge System of the Clean 
Water Act; and U.S. Housing and Urban Development projects.
    The Act and its implementing regulations found at 50 CFR 17.21 and 
17.31 set forth a series of general trade prohibitions and exceptions 
that apply to all endangered and threatened wildlife, respectively. 
These prohibitions, in part, make it illegal for any person subject to 
the jurisdiction of the United States to take (includes harass, harm, 
pursue, hunt, shoot, wound, kill, trap, or collect; or attempt any of 
these), import or export, ship in interstate commerce in the course of 
commercial activity, or sell or offer for sale in interstate or foreign 
commerce any listed species. It is also illegal to possess, sell, 
deliver, carry, transport, or ship any such wildlife that has been 
taken illegally. Certain exceptions apply to agents of the Service and 
State conservation agencies.
    Permits may be issued to carry out otherwise prohibited activities 
involving endangered and threatened wildlife under certain 
circumstances. Regulations governing permits are at 50 CFR 17.22, 17.23 
and 17.32. Such permits are available for scientific purposes, to 
enhance the propagation or survival of the species, and/or for 
incidental take in connection with otherwise lawful activities. For 
threatened species, permits are also available for zoological 
exhibition, educational purposes, or special purposes consistent with 
the purpose of the Act.
    It is the policy of the Service published in the Federal Register 
on July 1, 1994, (59 FR 34272) to identify to the maximum extent 
practicable at the time a species is listed those activities that would 
or would not constitute a violation of section 9 of the Act. The intent 
of this policy is to increase public awareness of the effect of this 
listing on proposed and ongoing activities within the species' range. 
The Service believes the following actions would not be likely to 
result in a violation of section 9:
    (1) Actions that may affect bull trout in the Klamath and Columbia 
River basins and are authorized, funded or carried out by a Federal 
agency when the action is conducted in accordance with an incidental 
take statement issued by the Service pursuant to section 7 of the Act;
    (2) Possession of Columbia River basin bull trout caught legally in 
accordance with state fishing regulations.
    With respect to both the Klamath River and Columbia River bull 
trout population segments, the following actions likely would be 
considered a violation of section 9:
    (1) Take of bull trout without a permit, which includes harassing, 
harming, pursuing, hunting, shooting, wounding, killing, trapping, 
capturing, or collecting, or attempting any of these actions, except in 
accordance with applicable State fish and wildlife conservation laws 
and regulations within the Columbia River bull trout population 
segment;
    (2) Possess, sell, deliver, carry, transport, or ship illegally 
taken bull trout;
    (3) Interstate and foreign commerce (commerce across state and 
international boundaries) and import/export (as discussed earlier in 
this section);
    (4) Introduction of non-native fish species that compete or 
hybridize with, or prey on bull trout;
    (5) Destruction or alteration of bull trout habitat by dredging, 
channelization, diversion, in-stream vehicle operation or rock removal, 
or other activities that result in the destruction or significant 
degradation of cover, channel stability, substrate composition, 
temperature, and migratory corridors used by the species for foraging, 
cover, migration, and spawning;
    (6) Discharges or dumping of toxic chemicals, silt, or other 
pollutants into waters supporting bull trout that result in death or 
injury of the species; and
    (7) Destruction or alteration of riparian or lakeshore habitat and 
adjoining uplands of waters supporting bull trout by timber harvest, 
grazing, mining, hydropower development, or other developmental 
activities that result in destruction or significant degradation of 
cover, channel stability, substrate composition, temperature, and 
migratory corridors used by the species for foraging, cover, migration, 
and spawning.
    Questions regarding whether specific activities may constitute a 
violation of section 9 should be directed to the Field Supervisor of 
the Service's Snake River Basin Office (see ADDRESSES section). 
Requests for copies of the regulations concerning listed animals and 
inquiries regarding prohibitions and permits may be addressed to the 
U.S. Fish and Wildlife Service, Endangered Species Permits, 911 NE. 
11th Avenue, Portland, Oregon 97232-4181 (telephone 503/231-6241; 
facsimile 503/231-6243).

Special Rule

    Section 4(d) of the Act provides authority for the Service to 
promulgate special rules for threatened species that would relax the 
prohibition against taking. In this case, the Service proposes a 
special rule for the Columbia River bull trout distinct population 
segment (see Proposed Regulations Promulgation section). The Service 
recognizes that, based on the 1994 administrative record, statewide 
angling regulations have become more restrictive in an attempt to 
protect bull trout throughout Montana, Idaho, Oregon, and Washington. 
The Service intends to continue to work with the States in developing 
management plans and agreements with the objective of recovery and 
eventual delisting of the Columbia River bull trout distinct population 
segment. The Service is consequently proposing a special rule under 
section 4(d) that offers additional management flexibility for this 
population segment. The special rule would allow for take of bull trout 
within the Columbia River population segment

[[Page 32283]]

when it is in accordance with applicable State fish and wildlife 
conservation laws and regulations. The Service believes that a special 
rule of this nature will benefit the Columbia River distinct population 
segment of bull trout, and that the rule would satisfy the requirement 
under section 4(d) that regulation applied to threatened species embody 
those measures deemed necessary and advisable to provide for the 
conservation of the population segment in question.

Public Comments Solicited

    The Service intends that any final action resulting from this 
proposal will be as accurate and as effective as possible. Therefore, 
comments or suggestions from the public, other concerned governmental 
agencies, the scientific community, industry, or any other interested 
party concerning this proposed rule are hereby solicited. Comments 
particularly are sought concerning:
    (1) Biological, commercial trade, or other relevant data concerning 
threat (or lack thereof) to these two population segments;
    (2) The location of any additional populations of the two segments 
and the reasons why any habitat should or should not be determined to 
be critical habitat as provided by section 4 of the Act;
    (3) Additional and updated information concerning the range, 
distribution, and population size of the two segments;
    (4) Current or planned activities in the subject area and their 
possible impacts on the two population segments; and
    (5) Promulgation of the special rule.
    The final decision on this proposal will take into consideration 
the comments and any additional information received by the Service, 
and such communications may lead to a final determination that differs 
from this proposal. In addition, the Service will consider significant 
new information on bull trout received since the close of the 1994 
administrative record. A list of significant references concerning bull 
trout that have become available since the close of the 1994 record may 
be obtained upon request from the Snake River Basin Field Office (see 
ADDRESSES above).
    The Endangered Species Act provides for at least one public hearing 
on this proposal, if requested. However, given the high likelihood of 
several requests throughout the range of both population segments, the 
Service has scheduled five hearings in advance of any request. The 
hearings are scheduled for Portland, Oregon, on July 1, 1997; Spokane, 
Washington, on July 8, 1997; Missoula, Montana, on July 10, 1997; 
Klamath Falls, Oregon, on July 15, 1997; and Boise, Idaho, on July 17, 
1997. For additional information on public hearings, see the DATES 
section.

National Environmental Policy Act

    The Fish and Wildlife Service has determined that Environmental 
Assessments and Environmental Impact Statements, 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 Endangered Species Act of 1973, as amended. A notice 
outlining the Service's reasons for this determination was published in 
the Federal Register on October 25, 1983 (48 FR 49244).

Required Determinations

    The Service has examined this regulation under the Paperwork 
Reduction Act of 1995 and found it to contain no information collection 
requirements.

References Cited

    A complete list of all references cited herein is available upon 
request from the Snake River Basin Field Office (see ADDRESSES above).
    Author: The primary authors of this proposed rule are Don Sundeen 
and Jim Bartel, Regional Office, Portland, Oregon.

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Reporting and 
recordkeeping requirements, and Transportation.

Proposed Regulations Promulgation

PART 17--[AMENDED]

    Accordingly, part 17, subchapter B of Chapter I, Title 50 of the 
Code of Federal Regulations, is proposed to be amended as set forth 
below:
    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. Amend Sec. 17.11(h) by adding the following, in alphabetical 
order under Fishes, to the List of Endangered and Threatened Wildlife:


Sec. 17.11  Endangered and threatened wildlife.

* * * * *
    (h) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
                       Species                                                 Vertebrate                                                               
------------------------------------------------------                      population where                                 Critical                   
                                                         Historic range       endangered or        Status     When listed    habitat      Special rules 
           Common name              Scientific name                            threatened                                                               
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
             Fishes                                                                                                                                     
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
Trout, bull.....................  Salvelinus           U.S.A. (OR).......  Klamath River.....  E                                    NA  NA              
                                   confluentus.                                                                                                         
    Do..........................  ......do...........  U.S.A. (ID, MT,     Columbia River....  T                                    NA  17.44(v)        
                                                        OR, WA) Canada.                                                                                 
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
--------------------------------------------------------------------------------------------------------------------------------------------------------

    3. Amend Sec. 17.44 by adding paragraph (v) to read as follows:


Sec. 17.44  Special rule--fishes.

* * * * *
    (v) Bull trout (Salvelinus confluentus), Columbia River population
    (1) No person shall take this species, except in accordance with 
applicable State fish and wildlife conservation laws and regulations.
    (2) Any violation of applicable State fish and wildlife 
conservation laws or regulations with respect to the taking of this 
species is also a violation of the Endangered Species Act.
    (3) No person shall possess, sell, deliver, carry, transport, ship, 
import, or export, any means whatsoever, any such

[[Page 32284]]

species taken in violation of these regulations or in violation of 
applicable State fish and game laws and regulations.
    (4) It is unlawful for any person to attempt to commit, solicit 
another to commit, or cause to be committed, any offense defined in 
paragraphs (v) (1) through (3) of this section.

    Dated: June 9, 1997.
William Leary,
Acting Deputy Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 97-15584 Filed 6-12-97; 8:45 am]
BILLING CODE 4310-55-P