[Federal Register Volume 63, Number 177 (Monday, September 14, 1998)]
[Proposed Rules]
[Pages 49062-49063]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-24504]


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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 for 
a Petition to List the Rio Grande Cutthroat Trout

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of 90-day petition finding.

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SUMMARY: The Fish and Wildlife Service (Service) announces a 90-day 
finding for a petition to list the Rio Grande cutthroat trout 
(Oncorhynchus clarki virginalis) as endangered under the Endangered 
Species Act of 1973, as amended. The Service finds that the petition 
did not present substantial information indicating that listing this 
subspecies may be warranted.

DATES: The finding announced in this document was made on August 22, 
1998.

ADDRESSES: You may submit any data, information, comments, or questions 
concerning this finding to the Field Supervisor, New Mexico Ecological 
Services Field Office, 2105 Osuna NE, Albuquerque, New Mexico 87113. 
Members of the public may review the petition finding, supporting data, 
and comments, by appointment during normal business hours at the above 
address.

FOR FURTHER INFORMATION CONTACT: Jennifer Fowler-Propst, Field 
Supervisor, New Mexico Ecological Services Field Office, at the above 
address (505/761-4525).

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 Service make a 
finding on whether a petition to list, delist, or reclassify a species 
presents substantial scientific or commercial information to 
demonstrate that the petitioned action may be warranted. The Service is 
required to base the finding on all information available at the time 
the finding is made. To the maximum extent practicable, the Service 
must make this finding within 90 days of the date the petition was 
received, and promptly publish a notice in the Federal Register. If the 
Service finds that substantial information was presented, the Service 
also is required to promptly commence a review of the status of the 
species involved if one has not already been initiated under the 
Service's internal candidate assessment process.
    The Service has made a 90-day finding on a petition to list the Rio 
Grande cutthroat trout (Oncorhynchus clarki virginalis) as endangered. 
Kieran Suckling, Director of the Southwest Center for Biological 
Diversity, submitted the petition, dated February 17, 1998. The Service 
received the petition on February 25, 1998. Additional petitioners 
included the Biodiversity Legal Foundation, Carson Forest Watch, 
Ancient Forest Rescue, and Southwest Trout.
    The petitioners state that habitat destruction and degradation have 
reduced the current distribution of the subspecies to approximately 5% 
of its historical range; existing populations are small and isolated; 
habitat destruction and degradation from livestock grazing, logging, 
road construction, and mining continue to threaten the subspecies; and 
stocking of nonnative, closely related species such as the rainbow 
trout (Oncorhynchus mykiss) has replaced many of the historical 
populations of the native species with hybrids. The petition further 
states that these factors continue to threaten the stability and 
existence of the Rio Grande cutthroat trout.
    The Service has reviewed the petition and other literature and 
information available in the Service's files, and

[[Page 49063]]

consulted with species experts concerning the current status of the Rio 
Grande cutthroat trout. Much of the information that the Service 
reviewed updated and corrected information which had been provided in 
the petition. On the basis of the best scientific and commercial 
information available, the Service finds the petition does not present 
substantial information that listing this subspecies may be warranted.
    Approximately 200 populations of Rio Grande cutthroat trout inhabit 
cold headwater streams in the Rio Grande, Pecos River, and Canadian 
River drainages in Colorado and New Mexico (Alves 1998, Stumpff 1998). 
The petitioners cited only 92 extant populations. The New Mexico 
Department of Game and Fish and Colorado Division of Wildlife both 
prohibit stocking of nonnatives within the range of the Rio Grande 
cutthroat trout. In addition, all three national forests (Rio Grande, 
Santa Fe, and Carson) on which the subspecies occurs, have incorporated 
the State management plans into their forest plans. The States and 
national forests are implementing programs of stream inventory, 
protection of the Rio Grande cutthroat trout through removal of 
nonnatives, and repatriation of the native subspecies into historical 
waters. These actions are effectively addressing the protection of the 
subspecies from potential hybridization with rainbow trout.
    Although habitat degradation has reduced the range of this once 
widely distributed subspecies, an adequate amount of habitat (4,500 to 
5,000 miles (mi) of streams still capable of supporting trout) remains 
and can be included in management for the Rio Grande cutthroat trout. 
Of these stream miles, the subspecies currently occupies 480 mi of 
stream and 1,120 acres (ac) of lake habitats in Colorado; and 260 mi of 
stream habitat in New Mexico. Not all of the habitats potentially 
inhabited by the Rio Grande cutthroat trout have been surveyed; thus, 
the total number of existing known populations is considered to be a 
minimum.
    Activities such as livestock grazing, road construction, and 
logging were primary factors in the constriction of the Rio Grande 
cutthroat trout's historical range and continue to impact streams and 
riparian habitats where measures to limit those impacts are lacking. 
However, the New Mexico Department of Game and Fish has found that the 
watersheds surveyed are in fair to good condition. Many watersheds have 
not been analyzed but are scheduled for such work by the State in 
cooperation with the U.S. Forest Service. In Colorado, 82 populations 
of the Rio Grande cutthroat trout occupy streams in watersheds that 
have been classified as either relatively pristine (Class I), or 
exhibiting only a minor degree of impact (Class II). These conditions 
do not support a contention that the existing populations of the 
subspecies are vulnerable to extirpation based on watershed or habitat 
quality.
    In summary, the management objectives of both States, set forth in 
the respective management plans formulated for the Rio Grande 
cutthroat, indicate that continued management and conservation emphasis 
will be placed on the habitat and population stability of the 
subspecies. The Service believes that the current population is secure 
and likely to improve with active management. Thus, the Service has 
determined that the petition to list the Rio Grande cutthroat trout did 
not present substantial information indicating that the petitioned 
action may be warranted.

References Cited

Alves, J. 1998. Status of Rio Grande Cutthroat Trout in Colorado. 
Colorado Division of Wildlife. Denver, Co. 10 pp.
Stumpff, W. K. 1998. Rio Grande Cutthroat Trout Management. Final 
Report. Federal Aid Grant F-60-M. Project No. 11. 14 pp.

    Author: The primary author of this document is Jennifer Fowler-
Propst, New Mexico Ecological Services Field Office (see ADDRESSES 
section).

Authority

    The authority for this action is the Endangered Species Act (16 
U.S.C. 1532 et seq.).

    Dated: August 22, 1998.
Jamie Rappaport Clark,
Director, Fish and Wildlife Service.
[FR Doc. 98-24504 Filed 9-11-98; 8:45 am]
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