[Federal Register Volume 62, Number 146 (Wednesday, July 30, 1997)]
[Proposed Rules]
[Pages 40786-40791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19956]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 226

[Docket No. 970715175-7175-01; I.D. No. 042997B]
RIN 0648-AG58


Designated Critical Habitat; Umpqua River Cutthroat Trout

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration, Commerce.

ACTION: Proposed rule; request for comments; and notice of public 
hearings.

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SUMMARY: NMFS proposes to designate critical habitat for the Umpqua 
River cutthroat trout (Oncorhynchus clarki clarki) pursuant to the 
Endangered Species Act of 1973 (ESA) to include: The Umpqua River from 
a straight line connecting the west end of the South jetty and the west 
end of the North jetty and including all Umpqua River estuarine areas 
(including the Smith River) and tributaries proceeding upstream from 
the Pacific Ocean to the confluence of the North and South Umpqua 
Rivers; the North Umpqua River, including all tributaries, from its 
confluence with the mainstem Umpqua River to Toketee Falls; the South 
Umpqua River, including all tributaries, from its confluence with the 
mainstem Umpqua River to its headwaters (including Cow Creek, tributary 
to the South Umpqua River). Critical habitat includes all waterways 
below longstanding, natural impassable barriers (i.e., natural water 
falls in existence for over several hundred years). Such areas 
represent the current freshwater and estuarine range of the listed 
species. The economic and other impacts resulting from this proposed 
critical habitat designation are expected to be minimal.

DATES: Comments must be received on or before September 29, 1997. 
Public hearings on this proposed action are scheduled for the month of 
August. See SUPPLEMENTARY INFORMATION for dates and times of public 
hearings.

ADDRESSES: Comments should be sent to NMFS, Environmental and Technical 
Services Division, 525 NE Oregon St. Suite 500, Portland, OR 97232-
2737. See SUPPLEMENTARY INFORMATION for locations of public hearings.

FOR FURTHER INFORMATION CONTACT: Garth Griffin, NMFS, Environmental and 
Technical Services Division, 525 NE Oregon St. Suite 500, Portland, OR 
97232-2737, telephone (503/231-2005) or Joe Blum, NMFS, 1335 East-West 
Highway, Silver Spring, MD 20910, telephone (301/713-2322).

SUPPLEMENTARY INFORMATION:

Background

    On August 9, 1996, NMFS published its determination to list Umpqua 
River cutthroat trout (Oncorhynchus clarki clarki) as endangered under 
the ESA (61 FR 41514). In its final listing determination, NMFS 
concluded that all cutthroat trout life history forms (i.e., 
anadromous, potamodromous, and resident) should be included in the 
listed Umpqua River cutthroat trout Evolutionarily Significant Unit. 
This conclusion was based on studies conducted by Oregon Department of 
Fish and Wildlife (ODFW) and others which indicate that these life 
history forms are not completely reproductively isolated and, 
therefore, should be considered a single ``distinct population 
segment,'' under the ESA and NMFS'' ESA species policy (See 61 FR 
41516).
    Historically, anadromous, potamodromous, and resident cutthroat 
trout likely occurred throughout the Umpqua River basin. The current 
freshwater distribution of anadromous and potamodromous life forms is 
thought to be limited primarily to the mainstem, Smith, and North 
Umpqua Rivers. Resident cutthroat trout appear to remain broadly 
distributed throughout the Umpqua River basin, including areas of the 
South Umpqua River not thought to support significant anadromous 
cutthroat trout populations.
    Section 4(a)(3)(A) of the ESA requires that, to the maximum extent 
prudent and determinable, NMFS designate critical habitat concurrently 
with a determination that a species is endangered or threatened. On 
July 19, 1993, NMFS published a Federal Register document (58 FR 38544) 
soliciting information and data regarding the present and historic 
status of the Umpqua River cutthroat trout, as well as information on 
areas that may qualify as critical habitat. At the time of the final 
listing, critical habitat was not determinable, since information 
necessary to perform the required analyses was not available. NMFS has 
determined that sufficient information now exists to designate critical 
habitat for this species. NMFS has considered all available information 
and data in making this proposal.

Definition of Critical Habitat

    Critical habitat is defined in section 3(5)(A) of the ESA as ``(i) 
the specific areas within the geographical area occupied by the species 
* * * on which are found those physical or 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 the species * * * upon 
a determination by the Secretary of Commerce (Secretary) that such 
areas are essential for the conservation of the species.'' (See 16 
U.S.C. 1532(5)(A)). The term ``conservation,'' as defined in section 
3(3) of the ESA, means `` * * * to use and the use of all methods and 
procedures which are necessary to bring any endangered species or 
threatened species to the point at which the measures provided pursuant 
to this Act are no longer necessary.'' (See 16 U.S.C. 1532(3)).
    In designating critical habitat, NMFS considers the following 
requirements of the species: (1) Space for individual and population 
growth, and for normal behavior; (2) food, water, air, light, minerals, 
or other nutritional or physiological requirements; (3) cover or 
shelter; (4) sites for breeding, reproduction, or rearing of offspring; 
and, generally, (5) habitats that are protected from disturbance or are 
representative of the historic geographical and ecological 
distributions of this species (See 50 CFR 424.12(b)). In addition to 
these factors, NMFS also focuses on the known physical and biological 
features (primary constituent elements) within the designated area that 
are essential to the conservation of the species and may require 
special management considerations or protection. These essential 
features may include, but are not limited to, spawning sites, food 
resources, water quality and quantity, and riparian vegetation (See 
Id.).

[[Page 40787]]

Consideration of Economic, Environmental, and Other Factors

    The economic, environmental, and other impacts of a critical 
habitat designation have been considered and evaluated. NMFS identified 
present and anticipated activities that may adversely modify the 
area(s) being considered or be affected by a designation. An area may 
be excluded from a critical habitat designation if NMFS determines that 
the overall benefits of exclusion outweigh the benefits of designation, 
unless the exclusion will result in the extinction of the species (See 
16 U.S.C. 1533(b)(2)).
    The impacts considered in this analysis are only those incremental 
impacts specifically resulting from a critical habitat designation, 
above the economic and other impacts attributable to listing the 
species or resulting from other authorities. Since listing a species 
under the ESA provides significant protection to a species' habitat, in 
many cases, the economic and other impacts resulting from the critical 
habitat designation, over and above the impacts of the listing itself, 
are minimal (see Significance of Designating Critical Habitat section 
of this preamble). In general, the designation of critical habitat 
highlights geographical areas of concern and reinforces the substantive 
protection resulting from the listing itself.
    Impacts attributable to listing include those resulting from the 
``take'' prohibitions contained in section 9 of the ESA and associated 
regulations. ``Take,'' as defined in the ESA means to harass, harm, 
pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to 
attempt to engage in any such conduct (See 16 U.S.C. 1532(19)). Harm 
can occur through destruction or modification of habitat (whether or 
not designated as critical) that significantly impairs essential 
behaviors, including breeding, feeding, rearing or migration.

Significance of Designating Critical Habitat

    The designation of critical habitat does not, in and of itself, 
restrict human activities within an area or mandate any specific 
management or recovery actions. A critical habitat designation 
contributes to species conservation primarily by identifying critically 
important areas and by describing the features within those areas that 
are essential to the species, thus alerting public and private entities 
to the area's importance. Under the ESA, the only regulatory impact of 
a critical habitat designation is through the provisions of section 7. 
Section 7 applies only to actions with Federal involvement (e.g., 
authorized, funded, conducted) and does not affect exclusively state or 
private activities.
    Under the section 7 provisions, a designation of critical habitat 
would require Federal agencies to ensure that any action they 
authorize, fund, or carry out is not likely to destroy or adversely 
modify designated critical habitat. Activities that destroy or 
adversely modify critical habitat are defined as those alternatives 
that ``appreciably diminish the value of critical habitat for both the 
survival and recovery'' of the species (see 50 CFR 402.02). Regardless 
of a critical habitat designation, Federal agencies must ensure that 
their actions are not likely to jeopardize the continued existence of 
the listed species. Activities that jeopardize a species are defined as 
those actions that ``reasonably would be expected, directly or 
indirectly, to reduce appreciably the likelihood of both the survival 
and recovery'' of the species (see 50 CFR 402.02). Using these 
definitions, activities that destroy or adversely modify critical 
habitat may also be likely to jeopardize the species. Therefore, the 
protection provided by a critical habitat designation generally 
duplicates the protection provided under the section 7 jeopardy 
provision. Critical habitat may provide additional benefits to a 
species in cases where areas outside the species' current range have 
been designated. When actions may affect these areas, Federal agencies 
are required to consult with NMFS under section 7 (see 50 CFR 
402.14(a)), which may not have been recognized but for the critical 
habitat designation.
    A designation of critical habitat provides a clear indication to 
Federal agencies as to when section 7 consultation is required, 
particularly in cases where the action would not result in direct 
mortality, injury, or harm to individuals of a listed species (e.g., an 
action occurring within the critical area when a migratory species is 
not present). The critical habitat designation, describing the 
essential features of the habitat, also assists in determining which 
activities conducted outside the designated area are subject to section 
7 (i.e., activities that may affect essential features of the 
designated area).
    A critical habitat designation will also assist Federal agencies in 
planning future actions, since the designation establishes, in advance, 
those habitats that will be given special consideration in section 7 
consultations. With a designation of critical habitat, potential 
conflicts between Federal actions and endangered or threatened species 
can be identified and possibly avoided early in the agency's planning 
process.
    Another indirect benefit of a critical habitat designation is that 
it helps focus Federal, state, and private conservation and management 
efforts in such areas. Management efforts may address special 
considerations needed in critical habitat areas, including conservation 
regulations to restrict private as well as Federal activities. The 
economic and other impacts of these actions would be considered at the 
time of those proposed regulations and, therefore, are not considered 
in the critical habitat designation process. Other Federal, state, and 
local authorities, such as zoning or wetlands and riparian lands 
protection, may also provide special protection for critical habitat 
areas.

Process for Designating Critical Habitat

    Developing a proposed critical habitat designation involves three 
main considerations. First, the biological needs of the species are 
evaluated and essential habitat areas and features are identified. If 
alternative areas exist that would provide for the conservation of the 
species, such alternatives are also identified. Second, the need for 
special management considerations or protection of the area(s) or 
features are evaluated. Finally, the probable economic and other 
impacts of designating these essential areas as ``critical habitat'' 
are evaluated. After considering the requirements of the species, the 
need for special management, and the impacts of the designation, the 
proposed critical habitat is published in the Federal Register for 
comment. The final critical habitat designation, considering comments 
on the proposal and impacts assessment, is published within 1 year of 
the proposed rule. Final critical habitat designations may be revised, 
using the same process, as new information becomes available.
    A description of the essential habitat, need for special 
management, impacts of designating critical habitat, and the proposed 
action are described in the following sections for Umpqua River 
cutthroat trout.

Essential Habitat of Umpqua River Cutthroat Trout

    Available biological information for listed Umpqua River cutthroat 
trout can be found in the species' Status Review (Johnson et al. 1994) 
and in Federal Register notices of proposed and final listing 
determinations (see 59 FR 35089, July 8, 1994; 61 FR 41514, August 9, 
1996). Essential Umpqua River cutthroat trout habitat consists of five 
components: (1) Spawning and juvenile

[[Page 40788]]

rearing areas; (2) juvenile migration corridors; (3) areas for growth 
and development to adulthood; (4) adult migration corridors; and (5) 
over-wintering habitat. The Pacific Ocean areas used by listed 
cutthroat trout for growth and development to adulthood are not well 
understood, and essential areas and features have not been identified.
    The current geographic range of Umpqua River cutthroat trout 
includes nearshore ocean areas, the mainstem Umpqua River and its 
tributaries, and the North and South Umpqua Rivers and their 
tributaries. NMFS has determined that the current freshwater and 
estuarine range (referred to as the in-river range) of the species is 
adequate to ensure the species' conservation. The species' current in-
river range encompasses all essential habitat features (e.g., riverine 
conditions, estuaries, headwater areas) in sufficient quantity to 
ensure conservation of the species. Therefore, designation of habitat 
areas outside the species' current in-river range is not necessary.
    NMFS recognizes that the Umpqua River estuary is an essential 
migration corridor for listed Umpqua River cutthroat trout and, 
accordingly, has included estuary areas as critical habitat in this 
designation. However, the importance of marine habitats (i.e., oceanic 
or near shore areas seaward of the mouth of the Umpqua River) is not 
well understood (Pauley, 1989; Behnke, 1992). In addition to a lack of 
biological information concerning the marine life history phase of 
cutthroat trout, there does not appear to be a need for special 
management consideration or protection of this habitat. Based on 
present information, degradation of this portion of the species' 
habitat does not appear to have been a significant factor in the 
decline of the species. Specifically, existing laws appear adequate to 
protect these areas, and special management of this habitat is not 
considered necessary at this time. Therefore, NMFS does not propose to 
designate critical habitat in marine areas at this time. If additional 
information becomes available that supports the inclusion of such 
areas, NMFS may revise this designation.
    Essential features of the designated in-river areas include 
adequate: (1) Substrate; (2) water quality; (3) water quantity; (4) 
water temperature; (5) food; (6) riparian vegetation; and (7) access. 
Juvenile migration corridors include the North and South Umpqua Rivers 
and the mainstem Umpqua River to the Pacific Ocean. Essential features 
of the juvenile migration corridors include adequate: (1) Substrate; 
(2) water quality; (3) water quantity; (4) water temperature; (5) water 
velocity; (6) cover/shelter; (7) food; (8) riparian vegetation; (9) 
space; and (10) safe passage conditions. Adult migration corridors and 
their essential features are the same as those identified for juvenile 
migration corridors.

Need for Special Management Considerations or Protection

    In order to assure that the essential areas and features are 
maintained or restored, special management may be needed. Activities 
that may require special management considerations for listed Umpqua 
River cutthroat trout spawning and juvenile rearing areas include, but 
are not limited to: (1) Land management; (2) timber harvest; (3) water 
pollution; (4) livestock grazing; (5) habitat restoration; (6) 
irrigation water withdrawal; (7) mining; (8) road construction; and (9) 
dam operation and maintenance. For juvenile and adult migration 
corridors, special management considerations also include: (10) Dredge 
and fill activities; and (11) dam operations. Not all of these 
activities are necessarily of current concern; however, they indicate 
the potential types of activities that will require consultation in the 
future. No special management considerations have been identified for 
listed Umpqua River cutthroat trout while they are residing in the 
ocean environment.

Activities That May Affect the Essential Habitat

    A wide range of activities may affect the essential habitat 
requirements of listed Umpqua River cutthroat trout. These activities 
include water and land management actions of Federal agencies (i.e., 
U.S. Forest Service, U.S. Bureau of Land Management, the Federal 
Highway Administration, and the Federal Energy Regulatory Commission) 
and related or similar actions of other Federally-regulated projects 
and lands including livestock grazing allocations in the Umpqua River 
Basin by the U.S. Forest Service and U.S. Bureau of Land Management; 
hydropower operators (i.e., PacifiCorp) in the Umpqua River system 
licensed by the Federal Energy Regulatory Commission; timber sales in 
the Umpqua River Basin conducted by the U.S. Forest Service and U.S. 
Bureau of Land Management; road building activities authorized by the 
Federal Highway Administration, U.S. Forest Service, and U.S. Bureau of 
Land Management; and mining and road building activities authorized by 
the state of Oregon. Other actions of concern include dredge and fill, 
mining, and bank stabilization activities authorized and/or conducted 
by the U.S. Army Corps of Engineers throughout the Umpqua River Basin.
    The Federal agencies that will most likely be affected by this 
critical habitat designation include the U.S. Forest Service, U.S. 
Bureau of Land Management, U.S. Bureau of Reclamation, U.S. Army Corps 
of Engineers, the Federal Highway Administration, and the Federal 
Energy Regulatory Commission. This designation will provide clear 
notification to these agencies, private entities, and the public of 
critical habitat designated for listed Umpqua River cutthroat trout and 
the boundaries of the habitat and protection provided for that habitat 
by the section 7 consultation process. This designation will also 
assist these agencies and others in evaluating the potential effects of 
their activities on listed Umpqua River cutthroat trout and their 
critical habitat and in determining when consultation with NMFS would 
be appropriate.

Proposed Critical Habitat; Geographic Extent

    Proposed critical habitat for listed Umpqua River cutthroat trout 
includes: The Umpqua River from a straight line connecting the west end 
of the South jetty and the west end of the North jetty and including 
all Umpqua River estuarine areas (including the Smith River) and 
tributaries proceeding upstream from the Pacific Ocean to the 
confluence of the North and South Umpqua Rivers; the North Umpqua 
River, including all tributaries, from its confluence with the mainstem 
Umpqua River to Toketee Falls; the South Umpqua River, including all 
tributaries, from its confluence with the mainstem Umpqua River to its 
headwaters (including Cow Creek, tributary to the South Umpqua River). 
Critical habitat includes all waterways below longstanding, natural 
impassable barriers (i.e., natural water falls in existence for over 
several hundred years). Critical habitat includes the bottom and water 
of the waterways and adjacent riparian zone. The riparian zone includes 
those areas within 300 ft (91.4 m) of the normal line of the high water 
mark of the stream channel or from the shoreline of a standing body of 
water.

Expected Economic Impacts of Designating Critical Habitat

    The economic impacts to be considered in a critical habitat 
designation are the incremental effects of critical habitat designation 
above the economic impacts attributable to listing or attributable to 
authorities other than the ESA (see Consideration of

[[Page 40789]]

Economic, Environmental and Other Factors section of this preamble). 
Incremental impacts result from special management activities in areas 
outside the present distribution of the listed species that have been 
determined to be essential to the conservation of the species. However, 
NMFS has determined that the present in-river species range contains 
sufficient habitat for conservation of the species. Therefore, NMFS 
finds that there are no incremental impacts associated with this 
critical habitat designation.

Public Comments Solicited; Public Hearings

    NMFS is soliciting information, comments and/or recommendations on 
any aspect of this proposal from all concerned parties (see ADDRESSES). 
NMFS will consider all information, comments, and recommendations 
received before reaching a final decision.
    Department of Commerce ESA implementing regulations state that the 
Secretary ``shall promptly hold at least one public hearing if any 
person so requests within 45 days of publication of a proposed 
regulation to designate critical habitat.'' (See 50 CFR 424.16(c)(3)). 
Public hearings on the proposed rule provide the opportunity for the 
public to give comments and to permit an exchange of information and 
opinion among interested parties. NMFS encourages the public's 
involvement in such ESA matters.
    The public hearings on this action are scheduled as follows:
    1. Wednesday, August 20, 6:30 p.m. to 9:30 p.m., Douglas County 
Court House, Hearing Room 216, 1036 SE Douglas, Roseburg, OR 97470.
    2. Thursday, August 21, 6:30 p.m. to 9:30 p.m., Reedsport Community 
Building, Council Chambers, 451 Winchester Avenue, Reedsport, OR 97467.
    Interested parties will have an opportunity to provide oral and 
written testimony at the public hearings. These hearings are physically 
accessible to people with disabilities. Requests for sign language 
interpretation or other auxiliary aids should be directed to Jim Lynch 
at (503) 230-5422.

National Environmental Policy Act

    NMFS 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 for 
critical habitat designations made pursuant to the ESA. See Douglas 
County v. Babbitt, 48 F.3D 1495 (9th Cir. 1995), cert. denied, 116 
S.Ct. 698 (1996).

Classification

    The Assistant Administrator for Fisheries, NOAA (AA), has 
determined that this is not a ``major rule'' requiring a regulatory 
impact analysis under E.O. 12291. The regulations are not likely to 
result in (1) an annual effect on the economy of $100 million or more; 
(2) a major increase in costs or prices for consumers, individual 
industries, Federal, state, or local government agencies, or geographic 
regions; or (3) a significant adverse effect on competition, 
employment, investment, productivity, innovation, or on the ability of 
U.S.-based enterprises to compete with foreign-based enterprises in 
domestic or export markets.
    The General Counsel of the Department of Commerce has certified to 
the Chief Counsel for Advocacy of the Small Business Administration, 
that the proposed rule, if adopted, would not have a significant 
economic impact on a substantial number of small entities as described 
in the Regulatory Flexibility Act. NMFS completed an assessment of the 
economic impacts of designating critical habitat. NMFS found that since 
listing species under the ESA provides significant protection to the 
species habitat, the economic and other impacts resulting from critical 
habitat designation are minimal. Therefore, a regulatory flexibility 
analysis is not required.
    This rule does not contain a collection-of-information requirement 
for purposes of the Paperwork Reduction Act.
    The AA has determined that the proposed designation is consistent 
to the maximum extent practicable with the approved Coastal Zone 
Management Program of the State of Oregon. This determination has been 
submitted for review by the responsible state agencies under section 
3.7 of the Coastal Zone Management Act.

References

    The complete citations for the references used in this document can 
be obtained by contacting Garth Griffin, NMFS (see ADDRESSES).

List of Subjects in 50 CFR Part 226

    Endangered and Threatened Species.

    Dated: July 24, 1997.
David L. Evans,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons set out in the preamble, 50 CFR part 226 is 
proposed to be amended as follows:

PART 226--DESIGNATED CRITICAL HABITAT

    1. The authority citation for part 226 continues to read as 
follows:

    Authority: 16 U.S.C. 1533.

    2. Sec. 226.22, introductory paragraph, is amended by revising the 
sixth sentence to read as follows:


Sec. 226.22  Snake River Sockeye Salmon (Oncorhynchus nerka), Snake 
River Spring/Summer Chinook Salmon (Oncorhynchus tshawytscha), Snake 
River Fall Chinook Salmon (Oncorhynchus tshawytscha).

    * * * Hydrologic units (Table 3) are those defined by the 
Department of the Interior (DOI), U.S. Geological Survey (USGS) 
publication, ``Hydrologic Unit Maps,'' Water Supply Paper 2294, 1986'', 
and the following DOI, USGS, 1:500,000 scale hydrologic unit maps: 
State of Oregon (1974) and State of California (1978), which are 
incorporated by reference. * * *
    3. Section 226.23 is added to subpart C to read as follows:


Sec. 226.23  Umpqua River cutthroat trout (Oncorhynchus clarki clarki).

    The following areas consisting of the water, waterway bottom, and 
adjacent riparian zone of specified lakes and river reaches in 
hydrologic units presently accessible to listed Umpqua River cutthroat 
trout: The Umpqua River from a straight line connecting the west end of 
the South jetty and the west end of the North jetty and including all 
Umpqua River estuarine areas (including the Smith River) and 
tributaries proceeding upstream from the Pacific Ocean to the 
confluence of the North and South Umpqua Rivers; the North Umpqua 
River, including all tributaries, from its confluence with the mainstem 
Umpqua River to Toketee Falls; the South Umpqua River, including all 
tributaries, from its confluence with the mainstem Umpqua River to its 
headwaters (including Cow Creek, tributary to the South Umpqua River). 
Critical habitat includes all river reaches below longstanding, natural 
impassable barriers (i.e., waterfalls in existence for several hundred 
years) in the following hydrologic units: North Umpqua, South Umpqua, 
and Umpqua. Critical habitat borders on or passes through the following 
counties in Oregon: Douglas, Lane, Coos, Jackson, and Klamath counties. 
Perennial rivers and creeks within the defined areas are also included 
in the critical habitat designation (but are not specifically named), 
unless otherwise noted. Adjacent riparian zones are defined as those 
areas within a horizontal distance of 300 ft (91.4 m) from the normal 
line

[[Page 40790]]

of high water of a stream channel (600 ft or 182.8 m, when both sides 
of the stream channel are included) or from the shoreline of a standing 
body of water. Figure 1 identifies the general geographic extent of 
larger rivers, lakes, and streams within hydrologic units designated as 
critical habitat for Umpqua River cutthroat trout. Note that Figure 1 
does not constitute the definition of critical habitat but, instead, is 
provided as a general reference to guide Federal agencies and 
interested parties in locating the general boundaries of critical 
habitat for listed Umpqua River cutthroat trout. The complete text 
delineating the critical habitat for the species follows.
    Hydrologic units (Table 1) are those defined by the Department of 
the Interior (DOI), U.S. Geological Survey (USGS) publication, 
``Hydrologic Unit Maps,'' Water Supply Paper 2294, 1986, and the 
following DOI, USGS, 1:500,000 scale hydrologic unit maps: State of 
Oregon, 1974, which are incorporated by reference. This incorporation 
by reference was approved by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of the USGS 
publication and maps may be obtained from the USGS, Map Sales, Box 
25286, Denver, CO 80225. Copies may be inspected at NMFS, Protected 
Species Program, Environmental and Technical Services Division, 525 NE 
Oregon St.--Suite 500, Portland, OR 97232-2737, or NMFS, Office of 
Protected Resources, 1335 East-West Highway, Silver Spring, MD 20910, 
or at the Office of the Federal Register, 800 North Capitol Street, 
NW., Suite 700, Washington, DC. Critical habitat maps are available 
upon request from Garth Griffin, NMFS, Protected Species Branch, 
Environmental and Technical Services Division, 525 NE Oregon St. Suite 
500, Portland, OR 97232-2737, telephone (503/230-5430).
    3. Table 4 and Figure 9 are added to part 226 to read as follows:
    Table 4 to part 226--Hydrologic Units \2\ Containing Critical 
Habitat for Endangered Umpqua River cutthroat trout and counties 
contained in each Hydrologic Unit.
---------------------------------------------------------------------------

    \2\ Hydrologic units and names taken from DOI, USGS 1:500,000 
scale State of Oregon (1974) hydrologic unit map (available from 
USGS).

------------------------------------------------------------------------
                                Hydrologic                              
     Hydrologic unit name          unit         Counties contained in   
                                  number           hydrologic unit      
------------------------------------------------------------------------
North Umpqua..................    17100301  Douglas, Lane, Klamath.     
South Umpqua..................    17100302  Douglas, Jackson, Coos.     
Umpqua........................    17100303  Douglas, Lane, Coos.        
------------------------------------------------------------------------


BILLING CODE 3510-22-P

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[GRAPHIC] [TIFF OMITTED] TN30JY97.003



[FR Doc. 97-19956 Filed 7-29-97; 8:45 am]
BILLING CODE 3510-22-C