[Federal Register Volume 63, Number 55 (Monday, March 23, 1998)]
[Proposed Rules]
[Pages 13832-13833]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-7464]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 222 and 227

[I.D. 022498E]


Listing Endangered and Threatened Species and Designating 
Critical Habitat: Petition To List Sea-run Cutthroat Trout and 
Designate Critical Habitat Throughout Its Range In California, Oregon, 
and Washington

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

ACTION: Notice of finding and request for information.

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SUMMARY: NMFS has received a petition to list coastal sea-run cutthroat 
trout (Oncorhynchus clarki clarki) and designate critical habitat 
throughout its range in California, Oregon, and Washington under the 
Endangered Species Act (ESA). NMFS determines the petition presents 
substantial scientific information indicating that the petitioned 
action may be warranted. NMFS previously commenced a status review for 
this species and will continue to evaluate the status of this species 
on the West Coast. NMFS solicits from the public information, comments, 
and seeks suggestions from the public for peer reviewers for NMFS' 
review of the petitioned action.

DATES: Information and comments on the action must be received by June 
22, 1998.
ADDRESSES: Information and comments on this action should be submitted 
to Chief, Protected Resources Division, NMFS, 525 NE Oregon Street - 
Suite 500, Portland, OR 97232.

FOR FURTHER INFORMATION CONTACT: Garth Griffin, NMFS, Northwest Region, 
(503) 231-2005 or Joe Blum, NMFS, Office of Protected Resources, (301) 
713-1401.

SUPPLEMENTARY INFORMATION:

Background

    In a Notice dated September 12, 1994, NMFS announced its intent to 
conduct comprehensive status reviews for five species of Pacific 
salmonids, including sea-run cutthroat trout (59 FR 46808). These were 
in addition to two ongoing status reviews for west coast coho salmon 
(Oncorhynchus kisutch) and steelhead (Oncorhynchus mykiss). NMFS 
completed coastwide status reviews for coho salmon and steelhead on 
July 25, 1995, and August 9, 1996, respectively (60 FR 38011; 61 FR 
41541). On October 4, 1995, NMFS completed its status review of west 
coast pink salmon (Oncorhynchus gorbuscha) (60 FR 51928). Furthermore, 
on February 26, 1998, NMFS completed its status reviews of west coast 
sockeye (Oncorhynchus nerka), chum (Oncorhynchus keta), and chinook 
salmon (Oncorhynchus tshawytscha). NMFS is currently reviewing the 
status of west coast sea-run cutthroat trout.
    On December 18, 1997, the Secretary of Commerce (Secretary) 
received a petition from Oregon Natural Resources Council to list and 
designate critical habitat for sea-run cutthroat trout in the States of 
Washington, Oregon, and California. Copies of this petition are 
available. (See ADDRESSES).

Analysis of Petition

    Section 4(b)(3) of the ESA contains provisions concerning petitions 
from interested persons requesting the Secretary to list species under 
the ESA. Section 4(b)(3)(A) requires that, to the maximum extent 
practicable, within 90 days after receiving such a petition, the 
Secretary make a finding whether the petition presents substantial 
scientific information indicating that the petitioned action may be 
warranted. Section 424.14(b)(1) of NMFS' ESA implementing regulations 
define ``substantial information'' as the amount of information that 
would lead a reasonable person to believe that the measure proposed in 
the petition may be warranted (See 50 CFR 424.14). Section 424.14(b)(2) 
of these regulations contains factors the Secretary considers in 
evaluating a petitioned action.
    After reviewing the information contained in the petition, the 
Secretary determines that the petition presents substantial scientific 
information indicating the petitioned action may be warranted. In 
accordance with section 4(b)(3)(B) of the ESA, the Secretary will make 
his determination within 12 months from the date the petition was 
received (December 18, 1998), whether the petitioned action is 
warranted.

Listing Factors and Basis for Determination

    Under section 4(a)(1) of the ESA, a species can be determined to be 
threatened or endangered based on any of the following factors: (1) The 
present or threatened destruction, modification, or curtailment of a 
species' habitat or range; (2) overutilization for commercial, 
recreational, scientific, or educational purposes; (3) disease or 
predation; (4) inadequacy of existing regulatory mechanisms; or (5) 
other natural or manmade factors affecting the species continuing 
existence. Listing determinations are based solely on the best 
available scientific and commercial data after taking into account any 
efforts being made by any state or foreign nation to protect the 
species.

Information Solicited

    To ensure that the review is complete and is based on the best 
available scientific and commercial data, NMFS solicits information and 
comments concerning the status of sea-run cutthroat trout (see DATES 
and ADDRESSES above). NMFS specifically requests the following 
information: (1) Biological or other relevant data that may help 
identify ``distinct populations'' of cutthroat trout (e.g., age 
structure, genetics, migratory patterns, morphology) (see NMFS' policy 
on applying the definition of species under the ESA to Pacific salmon 
(56 FR 58612, November 20, 1991); (2) the range, distribution, and size 
of cutthroat populations in Washington, Oregon, and California; (3) 
current or planned activities and their possible impact on this species 
(e.g., hatchery, harvest, and habitat actions); (4) information 
concerning the relationship of resident,

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anadromous, and potamodromous cutthroat trout; (5) information that may 
aid in distinguishing native, naturally spawned cutthroat trout from 
nonnative stocks or rainbow trout/cutthroat trout hybrids; and (6) 
efforts being made to protect naturally spawned populations of sea-run 
cutthroat trout in Washington, Oregon, and California.
    NMFS also requests quantitative evaluations describing the quality 
and extent of freshwater and marine habitats for juvenile and adult 
cutthroat trout, as well as information on areas that may qualify as 
critical habitat in Washington, Oregon, and California. Areas that 
include the physical and biological features essential to the recovery 
of the species should be identified. Essential features include, but 
are not limited to the following: (1) habitat 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 reproduction and rearing of 
offspring; and (5) habitats that are protected from disturbance or are 
representative of the historic geographical and ecological 
distributions of the species.
    For areas potentially qualifying as critical habitat, NMFS requests 
information describing (1) the activities that affect the area or could 
be affected by the designation, and (2) the economic costs and benefits 
of additional requirements of management measures likely to result from 
the designation.
    The economic cost to be considered in the critical habitat 
designation under the ESA is the probable economic impact ``of the 
[critical habitat] designation upon proposed or ongoing activities'' 
(50 CFR 424.19). NMFS must consider the incremental costs specifically 
resulting from a critical habitat designation that are above the 
economic effects attributable to listing the species. Economic effects 
attributable to listing include actions resulting from section 7 
consultations under the ESA to avoid jeopardy to the species and from 
the taking prohibitions under section 9 of the ESA. Comments concerning 
economic impacts should distinguish the costs of listing from the 
incremental costs that can be directly attributed to the designation of 
specific areas as critical habitat.
    On July 1, 1994, NMFS, jointly with the U.S. Fish and Wildlife 
Service, published a series of policies regarding listings under the 
ESA, including a policy for peer review of scientific data (59 FR 
34270). The intent of the peer review policy is to ensure that listings 
are based on the best scientific and commercial data available. NMFS 
now solicits the names of recognized experts in the field that could 
take part in the peer review process for this status review. 
Independent peer reviewers will be selected from the academic and 
scientific community, Tribal and other native American groups, Federal 
and state agencies, the private sector, and public interest groups.

    Authority: 16 U.S.C. 1531 et seq.

    Dated: March 18, 1998.
Patricia Montanio,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 98-7464 Filed 3-20-98; 8:45 am]
BILLING CODE 3510-22-F