[Federal Register Volume 63, Number 111 (Wednesday, June 10, 1998)]
[Proposed Rules]
[Pages 31691-31693]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15317]



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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17


Endangered and Threatened Wildlife and Plants; 90-day Finding and 
Commencement of Status Review for a Petition To List the Westslope 
Cutthroat Trout as Threatened

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of petition findings and initiation of status review.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) announces a 90-
day finding for an amended petition to list the westslope cutthroat 
trout (Oncorhynchus clarki lewisi) as threatened throughout its range 
and designate critical habitat for this subspecies pursuant to the 
Endangered Species Act of 1973, as amended. The Service finds that the 
amended petition provides substantial scientific and commercial 
information to indicate that listing of this subspecies of cutthroat 
trout as threatened, throughout all or parts of its range, may be 
warranted.

DATES: The finding announced in this document was made on June 1, 1998. 
Comments and materials need to be submitted by August 10, 1998 to be 
considered in the 12-month finding.

ADDRESSES: Data, information, technical critiques, comments, or 
questions relevant to this amended petition should be sent to the 
Chief, Branch of Native Fishes Management, Montana Fish and Wildlife 
Management Assistance Office, 4052 Bridger Canyon Road, Bozeman, 
Montana 59715. The amended petition, its appendices, and bibliography 
are available for public inspection, by appointment, at the above 
address. Electronic copies of the amended petition and bibliography may 
be requested and received via e-mail from [email protected].

FOR FURTHER INFORMATION CONTACT: Lynn Kaeding, at the above address, or 
telephone (406) 582-0717.

SUPPLEMENTARY INFORMATION:

Background

    Section 4(b)(3)(A) of the Endangered Species Act (Act) of 1973, as 
amended (16 U.S.C. 1531 et seq.), requires that the U.S. Fish and 
Wildlife Service (Service) make a finding on whether a petition to 
list, delist, or reclassify a species, or to revise a critical habitat 
designation presents substantial scientific and commercial information 
to indicate that the petitioned action may be warranted. To the maximum 
extent practicable, this finding is to be made within 90 days of the 
receipt of the petition, and the finding is to be promptly published in 
the Federal Register. If the finding is positive, the Service also is 
required to commence a review of the status of the petitioned species.
    On June 6, 1997, the Service received a formal petition to list the 
westslope cutthroat trout as threatened throughout its range and 
designate critical habitat for this subspecies pursuant to the 
Endangered Species Act of 1973, as amended. Copetitioners were American 
Wildlands, Clearwater Biodiversity Project, Idaho Watersheds Project, 
Inc., Montana Environmental Information Center, the Pacific Rivers 
Council, Trout Unlimited's Madison-Gallatin Chapter, and Mr. Bud Lilly.
    On July 2, 1997, the Service notified the copetitioners that the 
Service's Final Endangered Species Act Listing Priority Guidance, 
published in the December 5, 1996, Federal Register (61 FR 64425), 
designated the processing of new listing petitions as a Tier 3 
activity, i.e., of lower priority than completion of emergency listings 
(Tier 1) and processing of pending proposed listings (Tier 2). The 
Service further indicated that personnel and budget in the Service's 
Mountain-Prairie Region, which had been assigned responsibility for 
Service activities pertaining to the petition, would continue to be 
directed toward accomplishment of ongoing Tier 2 activities and Tier 3 
activities for species judged to be in greater need of the Act's 
protection than westslope cutthroat trout. As these higher-priority 
activities were accomplished and personnel and funds became available, 
however, the Service would proceed with its 90-day finding on the 
westslope cutthroat trout listing petition.
    On January 25, 1998, the Service received from the copetitioners an 
amended petition to list the westslope cutthroat trout as threatened 
throughout its range and designate critical habitat for this 
subspecies. The amended petition contained a substantial amount of new 
information in support of the requested action. In the amended 
petition, the copetitioners assert that the westslope cutthroat trout 
should be listed as threatened because the subspecies' present 
distribution and abundance are substantially reduced from historical 
conditions; remaining populations are small, widely separated, and 
continue to decline in abundance; and the threats to the survival of 
westslope cutthroat trout are pervasive and ongoing. The copetitioners 
indicate that threats to westslope cutthroat trout include habitat 
destruction from logging and associated road building; adverse effects 
on habitat resulting from livestock grazing, mining, urban development, 
agricultural practices, and the operation of dams; historic and ongoing 
stocking of nonnative fish species that compete with or prey upon 
westslope cutthroat trout or jeopardize the genetic integrity of the 
subspecies through hybridization; and excessive harvest by anglers. The 
copetitioners further assert that programs to protect and restore 
westslope cutthroat trout are inadequate or nonexistent, and 
populations of this fish continue to be threatened by a wide variety of 
ongoing and proposed activities.
    The historic distribution of westslope cutthroat trout (Behnke 
1992) in streams and lakes is not known precisely but can be summarized 
as follows: West of the Continental Divide, the subspecies is native to 
several major drainages of the Columbia River basin, including the 
upper Kootenai River drainage from its headwaters in British Columbia, 
through northwest Montana, and into northern Idaho; the entire Clark 
Fork River drainage of Montana and Idaho downstream to the falls on the 
Pend Oreille River near the Idaho-Washington border; the Spokane River 
above Spokane Falls and into Idaho's Coeur d'Alene and St. Joe River 
drainages; and the Salmon and Clearwater River drainages of Idaho's 
Snake River basin. The historic distribution of westslope cutthroat 
trout also includes disjunct areas in Washington (e.g., Methow, Entiat, 
and Wenatchee River drainages), in the John Day River drainage in 
Oregon, and in British Columbia. East of the Continental Divide, the 
historic distribution of westslope cutthroat trout includes the 
headwaters of the South Saskatchewan River drainage (United States and 
Canada); the entire Missouri River drainage upstream from Fort Benton, 
Montana, and extending into northwest Wyoming; and the headwaters of 
the Judith, Milk, and Marias Rivers, which join the Missouri River 
downstream from Fort Benton.
    In the amended petition, the copetitioners assert that remaining, 
genetically pure populations of westslope cutthroat trout occur almost 
exclusively in small, isolated streams in mountainous areas, where the 
adverse effects of human activities on this subspecies and its habitat 
are negligible. In Montana, the region for which most data are 
provided, the copetitioners indicate that populations of genetically 
pure westslope cutthroat trout occur in about 3.5 percent and 1.5 
percent of their historic stream habitat in the Kootenai River and 
upper Missouri River drainages, respectively. Similar percentages are 
reported for genetically

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pure populations of the fish in other drainages in Montana. 
Additionally, only 8.3 percent of the 265 lakes believed to be historic 
habitat for westslope cutthroat trout in Montana are said to now have 
genetically pure populations. More common today are westslope cutthroat 
trout populations that have some degree of hybridization with 
introduced, nonnative trout. Recent investigations (Shepard et al. 
1997) suggest that 90 percent of the remaining westslope cutthroat 
trout populations in Montana's upper Missouri River drainage have a 
high probability of becoming extinct within 100 years.
    The copetitioners further assert that populations of westslope 
cutthroat trout now occur in 11 percent of historic habitat in Idaho 
and 41 percent in Oregon, although data on genetic purity are not 
available for most populations. The status of native populations of the 
species in Washington is largely unknown, although several populations 
were apparently confirmed by recent studies. About half of the few 
streams in Wyoming that are historic habitat for westslope cutthroat 
trout now have populations of this subspecies, but all are hybridized 
to some degree with stocked, nonnative trout. In Alberta and British 
Columbia, Canada, little is known about the status of native westslope 
cutthroat trout, although genetically pure populations have been found 
in the upper Kootenai River drainage.

Listing Factors

    The following is a brief discussion of the five listing factors set 
forth in section 4(a)(1) of the Act and related regulations (50 CFR 
Part 424), and the applicability of these factors to the westslope 
cutthroat trout.

A. The Present or Threatened Destruction, Modification, or Curtailment 
of the Species' Habitat or Range

    As indicated by the copetitioners, reproduction and survival of 
westslope cutthroat trout are adversely affected by increased stream 
sedimentation and temperatures and the alteration of natural stream 
flows that often result from logging and associated road building, 
livestock grazing, mining, urban development, agricultural practices, 
and the operation of dams. In many areas where this subspecies remains 
today, populations of westslope cutthroat trout are threatened by 
similar ongoing or proposed activities.

B. Overutilization for Commercial, Sporting, Scientific, or Educational 
Purposes

    The copetitioners provide evidence that overfishing contributed to 
the decline in westslope cutthroat trout populations. Where present 
angling regulations and their enforcement are not adequate to protect 
remaining westslope cutthroat trout populations from overfishing, the 
continued existence of these populations may be threatened.

C. Disease or Predation

    Whirling disease was recently detected in Montana and is believed 
to be responsible for a 90 percent decline in the rainbow trout 
population of the Madison River. The disease has also been found in 
Idaho, Oregon, and Washington. The copetitioners provide evidence that 
westslope cutthroat trout, close relatives to rainbow trout, are 
equally susceptible to whirling disease. Because there is presently no 
means to eliminate whirling disease or effectively control its spread, 
whirling disease may pose a threat to the continued existence of some 
westslope cutthroat trout populations. The copetitioners also provide 
evidence that, in some areas, nonnative fish species prey upon 
westslope cutthroat trout. Where the stocking of such nonnative species 
continues near areas inhabited by westslope cutthroat trout, and in 
areas where established populations of such nonnative fish species grow 
and spread, these nonnative fishes pose a threat to the continued 
existence of westslope cutthroat trout.

D. Inadequacy of Existing Regulatory Mechanisms

    The copetitioners assert that the survival of westslope cutthroat 
trout is threatened by the absence of a comprehensive conservation 
strategy to protect and restore aquatic ecosystems and that designation 
of the subspecies as sensitive or of special concern by various 
management agencies has done little to control activities that degrade 
habitat and threaten remaining westslope cutthroat trout populations.

E. Other Natural or Manmade Mechanisms

    The copetitioners provide evidence that hybridization with 
nonnative fish species is one of the most significant threats to the 
continued existence of westslope cutthroat trout. As the result of 
extensive stocking of nonnative species beginning in the 1800's and 
continuing in some areas today, such hybridization has occurred 
throughout much of the subspecies' range. Where the stocking of such 
nonnative species continues near areas inhabited by westslope cutthroat 
trout, and in areas where established populations of such nonnative 
fish species grow and spread, these nonnative fishes pose a threat to 
the continued existence of westslope cutthroat trout. The copetitioners 
also assert that the spatial separation of remaining westslope 
cutthroat trout populations precludes natural interbreeding and thereby 
increases the likelihood that these populations will become extinct due 
to limited genetic variability; and small sizes make these populations 
more vulnerable to extinction due to natural catastrophes such as 
floods, landslides, and fires.

Finding

    The Service has reviewed the amended petition, as well as other 
available information, published and unpublished studies and reports, 
and agency files. On the basis of the best scientific and commercial 
information available, the Service finds that there is sufficient 
information to indicate that listing of the westslope cutthroat trout 
as threatened, throughout all or parts of its range, may be warranted. 
The Service believes that the decline of westslope cutthroat trout is 
due mainly to the destruction and adverse modification of habitat and 
the negative effects of stocked, nonnative fish species, as described 
above under the listing factors. However, the Service also believes 
that the present status of westslope cutthroat trout throughout its 
historic range is not well understood, particularly with regard to the 
genetic characteristics of many known populations, the possible 
occurrence of additional populations in areas that have not been 
studied, and the measures now underway to protect remaining 
populations. Within 1 year from the date the petition was received, a 
finding as to whether the petitioned action is warranted is required by 
section 4(b)(3)(B) of the Act. The petitioners also requested that 
critical habitat be designated for this species. If the Service's 12-
month finding indicates that the petitioned action to list the 
westslope cutthroat trout is warranted, then designation of critical 
habitat will be addressed in the subsequent proposed rule.

References Cited

Behnke, R. J. 1992. Native trout of western North America. American 
Fisheries Society Monograph 6.
Shepard, B.B., D. Sanborn, L. Ulmer, and D.C. Lee. 1997. Status and 
risk of extinction for westslope cutthroat trout in the upper 
Missouri River basin, Montana.

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North American Journal of Fisheries Management 17:1158-1172.

Author

    The primary author of this 90-day finding is Lynn Kaeding (See 
ADDRESSES section).

Authority

    The authority for this action is the Endangered Species Act of 
1973, as amended (16 U.S.C. 1531-1544).

List of Subjects in 50 CFR Part 17

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

    Dated: June 1, 1998.
Jamie Rappaport Clark,
Director, Fish and Wildlife Service.
[FR Doc. 98-15317 Filed 6-5-98; 8:45 am]
BILLING CODE 4310-55-P