[Federal Register Volume 63, Number 235 (Tuesday, December 8, 1998)]
[Proposed Rules]
[Pages 67640-67642]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32469]
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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 Bonneville Cutthroat Trout as Threatened
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of 90-day petition finding and initiation of status
review.
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SUMMARY: The Fish and Wildlife Service announces a 90-day finding for a
petition to list the Bonneville cutthroat trout (Oncorhynchus clarki
utah) as a threatened species under the Endangered Species Act of 1973,
as amended (Act). We find that the petition presented substantial
information indicating that listing this species may be warranted, and
we are initiating a status review of this species.
DATES: The finding announced in this document was made on November 25,
1998. To be considered in the 12-month finding for this petition,
comments and materials should be submitted to the Service by January 7,
1999.
ADDRESSES: Information, data, or comments concerning this petition
should be submitted to the Field Supervisor, Ecological Services, Utah
Field Office, U.S. Fish and Wildlife Service, 145 East 1300 South,
Suite 404, Salt Lake City, Utah 84115. The petition, finding,
supporting data, and comments are available for public inspection, by
appointment, during normal business hours, at the above address.
FOR FURTHER INFORMATION CONTACT: Janet A. Mizzi, Utah Field Office, at
the above address, or telephone 801/524-5001.
SUPPLEMENTARY INFORMATION:
Background
Section 4(b)(3)(A) of the Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.), requires that the U.S. Fish and
Wildlife Service make a finding on whether a petition to list, delist,
or reclassify a species presents substantial scientific or commercial
information indicating that the petitioned action may be warranted.
This finding is to be based on all information available to the Service
at the time the finding is made. To the maximum extent practicable,
this finding is to be made within 90 days of the date the petition was
received, and the finding is to be published promptly in the Federal
Register. If the finding is positive, the Service also is required to
promptly commence a review of the status of the species involved.
We have made a 90-day finding on a petition to list the Bonneville
cutthroat trout (Oncorhynchus clarki utah) as threatened throughout its
range. The petition, dated February 5, 1998, and received February 26,
1998, was submitted by the Biodiversity Legal Foundation, Boulder,
Colorado. The petitioner requested that we list the Bonneville
cutthroat trout as threatened in United States river and lake
ecosystems where it presently continues to exist and to designate its
occupied habitat as critical habitat within a reasonable period of time
following the listing. The petitioner submitted information on the
historical and current status, distribution, and threats to the
species, as well as other information including scientific references
in support of the petition.
The processing of this petition conforms with the Service's listing
priority guidance published in the Federal Register on May 8, 1998 (63
FR 25502) for fiscal years 1998 and 1999, which supplements the 1983
listing priority guidance. Administrative findings for listing
petitions that are not assigned to Tier 1, emergency listing actions,
are processed as a Tier 2 priority. The processing of this petition
falls under Tier 2.
Bonneville cutthroat trout are native to the Bonneville Basin in
Utah, Idaho, Nevada, and Wyoming. Their habitat is widely distributed
and variable and includes both river and lake ecosystems. The
subspecies occurs in streams with coniferous and deciduous riparian
trees at 3,500 meters (m) (11,483 feet (ft)) above mean sea level, to
streams in sage-steppe grasslands with herbaceous riparian zones at
1,000 (m) (3281 ft) above mean sea level, to lake environments.
Based on 1996 data, the petitioner estimated the current status of
the species as 81 populations occupying 234 stream miles (mi). Eighty-
three (83) percent of the populations occur on Forest Service lands,
with 14 percent occurring on Bureau of Land Management administered
lands and the remaining one (1) percent on State or other lands. The
petitioner estimated that 90 percent of streams within the Bonneville
Basin had historic occurrences of Bonneville cutthroat trout, and that
current occupancy was now restricted to 3.7 percent of the historic
stream miles. More precisely, the petitioner estimated that the
subspecies was now extirpated (extinct) in 76 percent of sub-basins on
six National Forests in Utah, and in 43 percent of sub-basins on two
National Forests in Idaho. Furthermore, the petitioner identified that
72 percent of current populations were secure or stable, while 25
percent were declining or at risk, with the status of the remaining
three percent unknown. The petitioner asserted that habitat conditions
for the Bonneville cutthroat trout on National Forests have been rated
as 13 percent excellent, 49 percent good, 18 percent fair, 11 percent
poor and 2 percent extremely degraded.
Threats to the Species
The following specific threats were identified by the petitioner as
factors in the decline of the species or as current threats to the
continued existence of Bonneville cutthroat trout: competition and
predation from exotic species; habitat removal/damage; altered
hydrologic regimes; overfishing; anthropogenic activities; loss of
connectivity to sub-basins; nonnative fish introductions (largely
rainbow (Oncorhynchus mykiss), brown (Salmo trutta), and brook trout
(Salvelinus fontinalis)); habitat fragmentation; decreases in
Bonneville cutthroat throughout the Basin; hybridization;
channelization, dewatering, diversions and damming of streams;
unscreened irrigation ditches; increased
[[Page 67641]]
sedimentation from livestock grazing, mining, logging and road building
which has damaged spawning substrates and raised water temperatures;
poorly designed road culverts which become migration barriers; damage
to riparian zones; herbicide applications in riparian zones; oil
spills; undesirable genetic mixing and fragmentation which has
genetically isolated some populations; drought; disease; the lack of
accountability of proactive programs among agencies; and the inadequacy
of existing regulatory mechanisms.
The Service, other Federal management agencies, and affected State
agencies, have previously recognized numerous threats affecting the
continued existence of the Bonneville cutthroat trout. These threats
have been identified in current management plans, Notices of Review,
the Utah Conservation Agreement (Lentsch et al. 1997), and the Forest
Service's Conservation Assessment for Inland Cutthroat Trout (USDA
1995), as well as other literature. Resource agencies have identified
habitat degradation and the threats from nonnative species as the most
important factors threatening the continued existence of Bonneville
cutthroat trout. We believe other threats, such as those asserted by
the petitioner, affect the species as well. The expansion of whirling
disease, most recently to Utah waters, is an imminent threat.
Fragmentation and the genetic isolation of many populations have also
been identified.
Current Distribution
The majority of the current Bonneville cutthroat trout populations
resides in Utah, with smaller populations present in Nevada, Idaho, and
Wyoming. In Utah the species is located in five geographic management
units within the State; the Bear Lake, Bear River, Northern Bonneville,
West Desert, and Southern Bonneville Management Units. There are
presently a total of 40 known Bonneville cutthroat trout populations
occupying approximately 147.4 stream mi (235.8 kilometers (km)) and
35,108 surface acres (ac) (14,043 hectares (ha)) of lentic water (lakes
or ponds) throughout the management units in Utah (Lentsch et al.
1997).
In Nevada, populations of Bonneville cutthroat trout were
historically restricted to the extreme eastern border of the State,
including the east slope of the Snake and Goshute ranges, the Pilot
Peak Range, and the Thousand Springs Creek drainage. In 1987, the
Nevada population was restricted to approximately 12.5 stream mi (20
km) in Goshute, Hendrys, Hampton, and Pine-Ridge Creeks (Haskins 1987).
Their current distribution within Nevada has recently expanded to
include Deadman Creek.
Bonneville cutthroat trout populations in Idaho are restricted to
the Bear River drainage. In the late 1970's, the species was documented
in the Thomas Fork tributaries of Giraffe, Dry, and Preuss Creeks. In
1993 and 1994, four additional streams with pure Bonneville cutthroat
trout and seven more with suspected Bonneville cutthroat trout were
identified. These included both the upper and lower mainstem Thomas
Fork of the Bear River, several reaches of the mainstem Bear River, and
numerous tributaries of the Bear River. Bonneville cutthroat trout are
also present in Bear Lake at the Idaho/Utah border.
In Wyoming, Bonneville cutthroat trout populations are restricted
to 36 streams (about 280 stream mi or 448 km) in the Bear River system.
Additionally, Lake Alice, a 230 ac (92 ha) lake, contains a naturally
reproducing, native population of Bonneville cutthroat trout.
Current Management Status
Both the Bureau of Land Management and Forest Service classify the
species as sensitive and afford it special management consideration.
All four States implement special fishing regulations to protect
sensitive populations of the species. States throughout the range of
the species have developed conservation plans and have expressed
interest in developing a larger multi-State, multi-agency conservation
strategy for Bonneville cutthroat trout. The State of Utah has taken
the lead on this effort and is currently preparing a preliminary draft
document for review among the States and other management agencies.
In Utah, the Bonneville cutthroat trout is protected as a
conservation species, identifying it as a species managed through
implementation of a multi-agency Conservation Agreement. The Utah
Division of Wildlife Resources developed this Agreement, which has been
in place since early 1997, with the Service, Bureau of Land Management,
Forest Service, Confederated Tribes of the Goshute Reservation, Bureau
of Reclamation, and Utah Reclamation Mitigation and Conservation
Commission. Conservation actions to protect and expand the species have
been ongoing since the 1980's.
In 1987, the Nevada Division of Wildlife developed a Bonneville
Cutthroat Trout Species Management Plan. Both the Bureau of Land
Management and the Humboldt National Forest concurred with this plan.
The Plan identified schedules for: (1) Population protection measures
for existing populations; (2) population habitat enhancement measures;
(3) population expansion within historic range including eradication
and reintroduction projects and; (4) population introductions outside
historic range. Proposed work schedules of the Plan were updated once
and many habitat improvement issues have been resolved through changes
in Bureau of Land Management and Forest Service livestock grazing
plans. Habitat conditions for existing and proposed populations are in
good to excellent condition. The Hendries Creek population was expanded
to include the lower 3.5 mi (5.6 km) of stream below a fish passage
barrier. Nonnative fishes have been removed from the Smith, Deadman and
Deep Creek systems and Bonneville cutthroat trout reintroductions were
initiated in 1997 in Deadman Creek.
The State of Wyoming classifies the Bonneville cutthroat trout as a
State sensitive (S2) species. A Bonneville Cutthroat Trout Inter-Agency
Five Year Management Plan (1993-1997) has directed conservation
activities within the State. Review of the Plan is underway and future
management will be directed accordingly.
In 1994, the State of Idaho prepared a draft Habitat Conservation
Assessment and Strategy for Bonneville cutthroat trout. The strategy
has been implemented in 8-12 percent of the species' range in
southeastern Idaho through a 1995 conservation agreement among the
Service, Forest Service, Idaho Department of Fish and Game, Idaho
Natural Resources Conservation Service, and the Caribou Cattleman's
Association. Several on-the-ground actions have been implemented since
inception of this agreement. These include fencing of riparian areas,
modifying grazing practices, and working on restoration of
connectivity. These activities have resulted in stabilization of
riparian habitat and increases in the populations of Bonneville
cutthroat trout in Pruess, Giraffe, and Dry Creeks.
Additional work is in progress to remove threats to the species on
other streams in Idaho, specifically St. Charles Creek, Bailey Creek,
Cub River, and the main stem Bear River. The draft conservation
strategy for Idaho is being revised by Idaho Fish and Game to reflect
goals and objectives similar to the multi-agency conservation agreement
implemented for the species in Utah.
[[Page 67642]]
Conclusion and Finding
We have reviewed the petition and the references cited in the
petition, and we have discussed current status with experts in the
appropriate State and Federal management agencies. On the basis of the
best scientific and commercial information available, we find that the
petition presents substantial information that listing this species may
be warranted. The scientific and commercial information available to us
is, for the most part, consistent with the information presented in the
petition, although the petition lacked current information concerning
recent conservation efforts on the species' behalf.
We concur that numerous factors may threaten the continued
existence of the Bonneville cutthroat trout. These threats suggest that
listing may be warranted. However, a thorough review of current
management efforts is necessary to determine if the threats may have
been alleviated through recent conservation efforts. Furthermore, we
believe a more thorough review of the genetic characteristics of
Bonneville cutthroat populations is necessary.
When we make a positive 90-day finding, we are required to promptly
commence a review of the status of the species concerned. We have been
provided considerable additional information concerning recent and
ongoing efforts to remove threats to the Bonneville cutthroat trout
throughout its range. We have reviewed much of this information and
will consider all the relevant information in conducting a full status
review of the species to determine if listing is warranted. We are
hereby requesting any additional data, comments, and suggestions from
the public, other concerned governmental agencies, the scientific
community, industry, or any other interested parties concerning the
status of the Bonneville cutthroat trout throughout its range. We are
soliciting information primarily on (1) genetic variability and purity
of the various subpopulations, (2) population status and trends, (3)
management policies and conservation plans affecting Bonneville
cutthroat trout, and (4) threats to the species, including those
identified in the petition. Based upon the available and any newly
obtained information, we will conduct a full status review of
Bonneville cutthroat trout and issue a 12-month finding as required by
Section 4(b)(3)(B) of the Act. The petitioner also requested that
critical habitat be designated for this species. If we determine in the
12-month finding that listing of the Bonneville cutthroat trout is
warranted, the designation of critical habitat would be addressed in
the subsequent proposed rule.
References Cited
Haskins, Richard L., II. 1987. Bonneville cutthroat trout species
management plan. Nevada Department of Wildlife, Fisheries Management
Plan. Federal Aid Project No. F-20-23, Job No. 207.2. 17 pp. +
Appendices.
Lentsch, L., Y. Converse and J. Perkins. 1997. Conservation
agreement and strategy for Bonneville cutthroat trout in the State
of Utah. Publication Number 97-19. 73 pp.
United States Department of Agriculture (USDA), Forest Service.
1995. Conservation assessment for inland cutthroat trout. Rocky
Mountain Range and Experiment Station. General Technical Report RM-
GTR-256. 61 pp.
Author
The Primary author of this document is Janet A. Mizzi, Utah Field
Office (see ADDRESSES section above).
Authority: The authority for this action is the Endangered
Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).
Dated: November 25, 1998.
Jamie Rappaport Clark,
Director, Fish and Wildlife Service.
[FR Doc. 98-32469 Filed 12-7-98; 8:45 am]
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