[Federal Register Volume 69, Number 122 (Friday, June 25, 2004)]
[Proposed Rules]
[Pages 35768-35857]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-14014]



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Part III





Department of the Interior





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Fish and Wildlife Service



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50 CFR Part 17



Endangered and Threatened Wildlife and Plants; Proposed Designation of 
Critical Habitat for Populations of Bull Trout; Proposed Rule

  Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / 
Proposed Rules  

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AJ12


Endangered and Threatened Wildlife and Plants; Proposed 
Designation of Critical Habitat for the Jarbidge River, Coastal-Puget 
Sound, and Saint Mary-Belly River Populations of Bull Trout

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to 
designate critical habitat for the Jarbidge River, Coastal-Puget Sound, 
and Saint Mary-Belly River populations of bull trout (Salvelinus 
confluentus) pursuant to the Endangered Species Act of 1973, as amended 
(Act). For the Jarbidge River population, the proposed critical habitat 
designation includes approximately 131 miles (mi) (211 kilometers (km)) 
of streams in Idaho and Nevada. For the Coastal-Puget Sound population, 
the proposed critical habitat designation totals approximately 2,290 mi 
(3,685 km) of streams, 52,540 acres (ac) (21,262 hectares (ha)) of 
lakes, and 985 mi (1,585 km) of marine shoreline in Washington. For the 
Saint Mary-Belly River population, the proposed critical habitat 
designation totals approximately 88 mi (142 km) of streams and 6,295 ac 
(2,548 ha) of lakes in Montana.
    Section 4 of the Act requires us to consider the economic and other 
relevant impacts of specifying any area as critical habitat. We will 
conduct an analysis of the economic impacts of designating these areas 
in a manner that is consistent with the ruling of the 10th Circuit 
Court of Appeals in N.M. Cattle Growers Ass'n v. USFWS. We hereby 
solicit data and comments from the public on all aspects of this 
proposal, including data on economic and other impacts of the 
designation. We may revise this proposal prior to final designation to 
incorporate or address new information received during public comment 
periods.

DATES: We will accept comments until August 24, 2004.

Public Hearing

    The Act provides for a public hearing on this proposal, if 
requested. Given the high likelihood of requests, we have scheduled a 
public hearing to be held on Tuesday, August 10, 2004, in Washington 
State.
    Persons needing reasonable accommodations in order to attend and 
participate in the public hearing should contact Patti Carroll at 503/
231-2080 as soon as possible. In order to allow sufficient time to 
process requests, please call no later than 1 week before the hearing 
date.

ADDRESSES: If you wish to comment, you may submit your comments and 
materials concerning this proposal by any one of several methods:
    1. You may submit written comments and information to John Young, 
Bull Trout Coordinator, U.S. Fish and Wildlife Service, Branch of 
Endangered Species, 911 N.E. 11th Avenue, Portland, OR 97232 (telephone 
503/231-6194; facsimile 503/231-6243).
    2. You may hand-deliver written comments to our Regional Office, at 
the address given above during normal business hours.
    3. You may send comments by electronic mail (e-mail) to: 
[email protected]. Please see the Public Comments Solicited 
section below for file format and other information about electronic 
filing. In the event that our internet connection is not functional, 
please submit your comments by the alternate methods mentioned above.
    All comments and materials received, as well as supporting 
documentation used in preparation of this proposed rule, will be 
available for public inspection, by appointment, during normal business 
hours at the above address.
    Public Hearing: We will hold public hearings at the Comfort Inn and 
Conference Center, 1620 74th Ave. Southwest, Tumwater, WA. Public 
hearings will be held from 1 p.m. until 3 p.m. and from 6 p.m. until 8 
p.m.

FOR FURTHER INFORMATION CONTACT: John Young, Bull Trout Coordinator, at 
the above address, (telephone 503/231-6194; facsimile 503/231-6243).

SUPPLEMENTARY INFORMATION:

Public Comments Solicited

    We intend that any final action resulting from this proposal will 
be as accurate and as effective as possible. Therefore, comments or 
suggestions from the public, other concerned governmental agencies, the 
scientific community, industry, or any other interested party 
concerning this proposed rule are hereby solicited. Comments 
particularly are sought concerning:
    (1) The reasons why any habitat should or should not be determined 
to be critical habitat as provided by section 4 of the Act, including 
whether the benefit of designation will outweigh any threats to the 
species due to designation;
    (2) Specific information on the amount and distribution of bull 
trout habitat, and what habitat is essential to the conservation of the 
species and why;
    (3) Land use designations and current or planned activities in the 
subject areas and their possible impacts on proposed critical habitat;
    (4) Any foreseeable economic or other potential impacts resulting 
from the proposed designation, in particular, any impacts on small 
entities;
    (5) Whether our approach to critical habitat designation could be 
improved or modified in any way to provide for greater public 
participation and understanding, or to assist us in accommodating 
public concern and comments;
    (6) We are seeking comment on the use of tidal datum to delineate 
the area of the photic zone (uppermost layer of water into which 
daylight penetrates sufficiently to influence living organisms), and we 
are interested in any proposed alternatives that appropriately identify 
proposed critical habitat for bull trout in the marine nearshore 
waters; and
    (7) We are specifically seeking public comment on areas of habitat 
for which we do not have documented evidence of occupancy, but which 
may be essential to provide additional spawning and rearing areas or 
foraging, migratory, and overwintering (FMO) habitat for existing bull 
trout populations. Specific areas include: the headwater tributaries of 
the Jarbidge River system; the Bruneau River and its tributaries; 
tributaries of the Skokomish, Dungeness, Hoh, Queets, Quinault, and 
Chehalis River systems; independent tributaries to Hood Canal, Pacific 
Coast from Cape Flattery to Willapa Bay, and Grays Harbor; Sumas River 
and tributaries of the Chilliwack River system; tributaries of the 
Nooksack River system, especially those to its major forks; tributaries 
of the Skagit River system; tributaries of Diablo Lake and the Thunder 
Creek system; tributaries of Ross Lake and the Lightning Creek system; 
tributaries of the Stillaguamish River system, especially those to its 
major forks; tributaries of the Skykomish River and its major forks; 
and tributaries of the Puyallup River system, especially those to the 
Carbon, West Fork White, upper White, and Greenwater Rivers.
    If you wish to comment, you may submit your comments and materials 
concerning this proposal by any one of several methods (see ADDRESSES 
section). The proposed rule, maps, fact sheets, photographs, and other 
materials relating to this proposal, can be found on our Pacific Region 
bull trout Web site at http://species.fws.gov/bulltrout.

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    Please submit e-mail comments to [email protected] in ASCII 
file format and avoid the use of special characters or any form of 
encryption. Please also include ``Attn: bull trout'' in your e-mail 
subject header and your name and return address in the body of your 
message. If you do not receive a confirmation from the system that we 
have received your Internet message, contact us directly by calling our 
Regional Office at phone number 503/872-2766. Please note that the 
Internet address [email protected] will be closed out at the 
termination of the public comment period. In the event that our 
Internet connection is not functional, please submit your comments by 
the alternate methods mentioned above.
    Our practice is to make comments, including names and home 
addresses of respondents, available for public review during regular 
business hours. Individual respondents may request that we withhold 
their home address from the rulemaking record, which we will honor to 
the extent allowable by law. There also may be circumstances in which 
we would withhold from the rulemaking record a respondent's identity, 
as allowable by law. If you wish us to withhold your name and/or 
address, you must state this prominently at the beginning of your 
comment. However, we will not consider anonymous comments. We will make 
all submissions from organizations or businesses, and from individuals 
identifying themselves as representatives or officials of organizations 
or businesses, available for public inspection in their entirety. 
Comments and materials received will be available for public 
inspection, by appointment, during normal business hours at the above 
address.

Public Hearings

    The Act provides for one or more public hearings on this proposal, 
if requested. Requests for public hearings must be made in writing 
within 45 days of the publication of the proposal. Public hearing 
requests must be received by August 9, 2004. However, due to the high 
probability of receiving a request for a public hearing on this 
proposal, we have scheduled public hearings to be held on Tuesday, 
August 10, 2004, in Tumwater, WA. If, as the result of public requests, 
we decide to schedule additional public hearings on this proposal, we 
will announce the dates, times, and places of those hearings in the 
Federal Register and local newspapers at least 15 days prior to the 
first hearing. See DATES and ADDRESSES for information on the public 
hearings currently scheduled.
    Anyone wishing to make oral comments for the record at the public 
hearing is encouraged to provide a written copy of their statement and 
present it to us at the hearing. In the event there is a large 
attendance, the time allotted for oral statements may be limited. Oral 
and written statements receive equal consideration.

Designation of Critical Habitat Provides Little Additional Protection 
to Species

    In 30 years of implementing the Endangered Species Act of 1973, as 
amended (Act) (16 U.S.C. 1531 et seq.), we have found that the 
designation of statutory critical habitat provides little additional 
protection to most listed species, while consuming significant amounts 
of available conservation resources. Our present system for designating 
critical habitat is driven by litigation rather than biology, limits 
our ability to fully evaluate the science involved, consumes enormous 
agency resources, and imposes huge social and economic costs. We 
believe that additional agency discretion would allow our focus to 
return to those actions that provide the greatest benefit to the 
species most in need of protection.

Role of Critical Habitat in Actual Practice of Administering and 
Implementing the Act

    While attention to, and protection of, habitat is paramount to 
successful conservation actions, we have consistently found that, in 
most circumstances, the designation of critical habitat is of little 
additional value for most listed species, yet it consumes large amounts 
of conservation resources. Sidle (1987) stated, ``Because the ESA can 
protect species with and without critical habitat designation, critical 
habitat designation may be redundant to the other consultation 
requirements of section 7.''
    Currently, only 445 species or 36 percent of the 1,244 listed 
species in the U.S. under our jurisdiction have designated critical 
habitat. We address the habitat needs of all 1,211 listed species 
through conservation mechanisms such as listing, section 7 
consultations, the section 4 recovery planning process, the section 9 
protective prohibitions of unauthorized take, section 6 funding to the 
States, and the section 10 incidental take permit process. We believe 
that it is these measures that may make the difference between 
extinction and survival for many species.

Procedural and Resource Difficulties in Designating Critical Habitat

    We have been inundated with lawsuits regarding critical habitat 
designation, and we face a growing number of lawsuits challenging 
critical habitat determinations once they are made. These lawsuits have 
subjected us to an ever-increasing series of court orders and court-
approved settlement agreements, compliance with which now consumes 
nearly the entire listing program budget. This leaves us with little 
ability to prioritize our activities to direct scarce listing resources 
to the listing program actions with the most biologically urgent 
species conservation needs.
    The consequence of the critical habitat litigation activity is that 
limited listing funds are used to defend active lawsuits and to comply 
with the growing number of adverse court orders. As a result, our own 
proposals to undertake conservation actions based on biological 
priorities are significantly delayed.
    The accelerated schedules of court ordered designations have left 
us with almost no ability to provide for additional public 
participation beyond those minimally required by the Administrative 
Procedures Act, the Act, and our implementing regulations, or to take 
additional time for review of comments and information to ensure the 
rule has addressed all the pertinent issues before making decisions on 
listing and critical habitat proposals, due to the risks associated 
with noncompliance with judicially imposed deadlines. This, in turn, 
fosters a second round of litigation in which those who will suffer 
adverse impacts from these decisions challenge them. The cycle of 
litigation appears endless, is very expensive, and in the final 
analysis, provides little additional protection to listed species.
    The costs resulting from the designation include legal costs, the 
cost of preparation and publication of the designation, the analysis of 
the economic effects, and the cost of requesting and responding to 
public comment, and in some cases the costs of compliance with the 
National Environmental Policy Act of 1969, all are part of the cost of 
critical habitat designation. These costs result in minimal benefits to 
the species that is not already afforded by the protections of the Act 
enumerated earlier, and they directly reduce the funds available for 
direct and tangible conservation actions.

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Bull Trout Biology, Life History Strategies, and Distribution

Biology

    Bull trout (Salvelinus confluentus) are members of the char 
subgroup of the family Salmonidae and are native to waters of western 
North America. Bull trout are relatively dispersed in the Columbia 
River and Snake River basins, extending east to headwater streams in 
Montana and Idaho, and into Canada. Bull trout also occur in the 
Klamath River basin of south-central Oregon. For additional information 
on the biology and habitat requirements of the bull trout, please refer 
to the proposed critical habitat rule for the Klamath River and 
Columbia River populations (68 FR 6863, February 11, 2003), and listing 
rules for the Klamath River and Columbia River population (63 FR 31647, 
June 10, 1998), Jarbidge River population (64 FR 17110, April 8, 1999), 
and Coastal-Puget Sound and Saint Mary-Belly River populations (64 FR 
58910, November 1, 1999).

Life-History Strategies

    Bull trout exhibit a number of life-history strategies: stream-
resident, migratory, and amphidromous. Stream-resident bull trout 
complete their entire life cycle in the tributary streams where they 
spawn and rear. Some bull trout are migratory, spawning in tributary 
streams where juvenile fish usually rear from 1 to 4 years before 
migrating to either a larger river (fluvial) or lake (adfluvial) where 
they spend their adult life, returning to the tributary stream to spawn 
(Fraley and Shepard 1989). Resident and migratory forms may be found 
together, and either form can produce resident or migratory offspring 
(Rieman and McIntyre 1993).
    Some bull trout populations, coastal cutthroat trout populations, 
and some other species are commonly referred to as anadromous, as are 
Pacific salmon. Technically, however, unlike Pacific salmon, bull 
trout, coastal cutthroat trout, and some other species that enter the 
marine environment are more properly termed amphidromous. Unlike strict 
anadromy, amphidromus individuals often return seasonally to freshwater 
as subadults, sometimes for several years, before returning to spawn 
(Wilson 1997). For bull trout, the ``amphidromous'' life history form 
is unique to the Coastal-Puget Sound population.
    In the Coastal-Puget Sound population, amphidromous bull trout 
require access to marine habitat to complete their life history. For 
amphidromous bull trout populations, estuaries and marine nearshore 
areas provide an important component of their FMO habitat, and are 
integral to maintaining the complex amphidromous life-history strategy, 
which is unique to the Coastal-Puget Sound distinct population segment. 
When juvenile bull trout emigrate downstream to marine waters, they 
enter a more productive marine environment that allows them to achieve 
rapid growth and energy storage (similar to adfluvial forms migrating 
to lakes and reservoirs) (Washington Department of Fish and Wildlife 
(WDFW) et al. 1997). Bull trout ``smolts'' typically enter marine water 
at 2 years of age and around 6 in (150 mm) or longer, although much 
smaller individuals have been reported (Curtis Kraemer, WDFW, in litt. 
2003). While in marine waters, bull trout appear to primarily occupy 
productive estuarine and nearshore habitat and feed on a variety of 
prey items, especially small marine fish such as Pacific herring 
(Clupea pallasii), surf smelt (Hypomesus pretiosus), and sandlance 
(Ammodytes hexapterus) (WDFW et al. 1997; Brenkman and Corbett 2003). 
Subadult bull trout use marine habitat to forage, generally from late 
spring to early fall, and as migration corridors to and from essential 
marine foraging areas.
    These marine habitats also serve as migration corridors to and from 
non-natal watersheds providing other essential freshwater foraging and 
overwintering habitat outside of their natal watersheds (Brenkman and 
Corbett 2003). Subadults typically leave marine waters in the fall to 
overwinter in mainstem rivers for a period of time before returning to 
marine areas to forage (WDFW 1998). They repeat this cycle until 
maturing at about age 4.
    Bull trout migration and life-history strategies are closely 
related to their feeding and foraging strategies. Optimal foraging 
theory can be used to describe how fish choose between alternative 
sources of food by weighing the benefits and costs of capturing one 
possible choice over another. For example, food (prey) often occur in 
concentrated patches of abundance (patch model in Gerking 1994). As the 
predator feeds, the prey population is reduced sooner or later, and it 
becomes more profitable to seek a new patch of prey rather than 
continue feeding on the original one, which is why bull trout appear to 
wander from one marine site to another.
    Bull trout appear to be largely opportunistic feeders, and bull 
trout habitat use can be variable depending upon foraging opportunities 
(Montana Bull Trout Scientific Group (MBTSG) 1998). According to 
optimal foraging theory, as positions of patches and the types of prey 
change with the seasons, the predator must constantly modify its 
behavior in order to stay alive and maximize fitness (Hart 1986). In 
the Puget Sound area, bull trout may seasonally prey upon salmon eggs, 
smolts, or hatchery salmon. At other times, they may enter marine 
waters to prey upon surf smelt and Pacific herring where these fish 
school or spawn (Kraemer 1994). Seasonally, bull trout may also enter 
marine areas in order to locate abundant freshwater prey species in 
adjacent rivers not connected to their core area (Sam Brenkman, Olympic 
National Park, in litt. 2003). In a Montana study in Flathead Lake 
(Leathe and Graham 1982), kokanee (Oncorhynchus nerka) were an 
important food source for bull trout during spring months. By autumn, 
the bull trout had moved to near the mouth of the Flathead River, 
reportedly to exploit a pygmy whitefish (Prosopium coulteri) spawning 
run (Leathe and Graham 1982).
    Upon reaching maturity, amphidromous bull trout begin reentering 
mainstem rivers in late spring and early summer to migrate to their 
spawning tributaries (WDFW 1998). Similar to the adfluvial life 
history, after amphidromous forms complete spawning, they usually 
return downstream to lower mainstem rivers and marine habitats (Kraemer 
1994).

Jarbidge River Distinct Population Segment Distribution

    Although historical records are lacking, bull trout were likely 
more abundant and widely distributed in the Bruneau and Jarbidge River 
Basins than they are today because of barriers to fish passage and past 
habitat degradation (Gilbert and Evermann 1894; Durrant 1935; McNeill 
et al. 1997). Currently, bull trout occur primarily in the Jarbidge 
River Basin in both Idaho and Nevada. The Jarbidge River population 
includes six local populations of resident bull trout: the East Fork 
Jarbidge River (including the East Fork headwaters, Cougar Creek, and 
Fall Creek), West Fork Jarbidge River (including Sawmill Creek), Dave 
Creek, Jack Creek, Pine Creek, and Slide Creek, and some remnant 
fluvial bull trout. These populations are considered to be quite low in 
abundance and at risk of extirpation (J. Dunham, University of Nevada-
Reno, in litt. 1998).
    Among the many factors that contributed to the decline of bull 
trout in the Jarbidge River Basin, those which appear to have been 
particularly significant are as follows: (1) Isolation of the 
population due to dams and water

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diversions that impeded migratory bull trout movements (Gilbert and 
Evermann 1894; Lay 2000); (2) habitat degradation, including 
alterations in water temperature, water quality, and sedimentation 
rates, resulting from past forest and rangeland management practices, 
mining, and roads (McNeill et al. 1997); and (3) fisheries management, 
particularly fishing pressure and potential overharvest, and the 
introduction of competing nonnative species (Durrant 1935; Nevada 
Division of Wildlife 1961, 1975; Johnson 1990; Frederick and Klott 
1999).

Coastal-Puget Sound Distinct Population Segment Distribution

    The Coastal-Puget Sound population includes bull trout residing in 
the Puget Sound and Olympic Peninsula regions of western Washington. 
Historical reports for this population demonstrates that bull trout, 
especially the amphidromous form, were once more abundant and more 
widely distributed (Suckley and Cooper 1860; Service 1913; Norgore and 
Anderson 1921; King County Department of Natural Resources (KCDNR) 
2000). Bull trout still occur in most major watersheds within the 
population, but the distribution and abundance within these watersheds 
often has been reduced by human-caused conditions (Service 2002, 2004). 
Bull trout are now rarely observed in the Nisqually River and Chehalis 
River systems, which may have supported spawning populations in the 
past (Service 2002, 2004). In the Puyallup River system, the 
amphidromous life history form currently exists in low numbers, as does 
the migratory form in the South Fork Skokomish River (Service 2002, 
2004). In the Elwha River and parts of the Nooksack River, amphidromous 
bull trout are unable to access historic spawning habitat resulting 
from manmade barriers (Service 2002, 2004).
    The Coastal-Puget Sound region is affected by the same significant 
factors that contributed to the decline of bull trout in the Columbia 
River and Klamath River Basins (67 FR 71236). These include the 
fragmentation and isolation of local populations due to dams and 
diversions, degradation of spawning and rearing habitat, and 
introduction of nonnative fish species. In addition to these factors, 
amphidromous bull trout distribution and abundance in the Coastal-Puget 
Sound region is threatened by the degradation of mainstem river FMO 
habitat, and the degradation and loss of marine nearshore foraging and 
migration habitat.

Saint Mary-Belly River Distinct Population Segment Distribution

    The Saint Mary-Belly River population includes headwaters of the 
Saint Mary and Belly River systems in the U.S. These two streams flow 
north, from high-elevation slopes along the Rocky Mountain front in 
north-central Montana. This population is the only portion of the 
conterminous U.S. range of bull trout that is located east of the 
Continental Divide. Most of the Saint Mary River and Belly River 
watersheds are located in Alberta, Canada. The interjurisdictional 
nature of the Saint Mary River and Belly River watersheds is relatively 
unique in the bull trout's range and makes international coordination 
especially critical. Major land ownership includes Glacier National 
Park and the Blackfeet Nation in the United States, and the Province of 
Alberta, Waterton Lakes National Park, the Blood Tribe, and various 
private entities in Canada.
    The Saint Mary River watershed occurs in steep, glaciated valleys 
in Glacier National Park. It flows northward through the glaciated 
troughs of two large lakes, Saint Mary Lake and Lower Saint Mary Lake, 
and then across the northwest corner of the Blackfeet Reservation 
before crossing the international border into Alberta, Canada. In 
addition to the two major lakes, the watershed contains many smaller 
high-elevation lakes, three of which have existing bull trout 
populations. There are at least five tributary drainages in the U.S. 
with important bull trout spawning and rearing habitat. The Saint Mary 
River, in Canada, flows northeast through southwest Alberta and enters 
the Oldman River a few miles upstream from Lethbridge, Alberta.
    The Belly River originates on the east slope of the Rocky 
Mountains, in the northernmost portion of Glacier National Park, 
between the Saint Mary River drainage to the east and the Waterton 
River drainage to the west. The Belly River flows north for about 12.0 
mi (19.3 km), entirely within glaciated valleys and lakes in Glacier 
National Park, before crossing the international border into Alberta, 
Canada. In Canada, the Belly River flows through mostly prairie 
foothill habitat from the international border to the confluence of the 
Oldman River, some 112 mi (180 km) downstream. Only a few miles of the 
headwaters of the Belly River in the United States contain bull trout 
(Fitch 1997).
    Within the Saint Mary-Belly River Recovery Unit in the United 
States, the historical distribution of bull trout is believed to be 
relatively intact. However, abundance of bull trout in U.S. portions of 
these watersheds has been reduced, and portions of the habitat are 
fragmented from natural condition due to manmade structures such as 
dams and diversions (Service 1993). It is considered likely that the 
mountains and transitional zones of the Saint Mary and Belly Rivers 
(the U.S. headwaters and upper reaches in Canada) were historical 
strongholds for bull trout in these drainages (Fitch 1997). In the 
lower reaches of the Saint Mary and Belly Rivers in Alberta, bull trout 
may have been occasionally present, though they were not commonly 
distributed in these prairie streams (Clayton 1999). Historical 
connectivity for bull trout to migrate between the Saint Mary and Belly 
River systems may not have occurred, at least not for much of the 
recent post-glaciated period that extends over approximately the past 
10,000 years (Costello et al. 2003).

Threats to Bull Trout Populations

    The range of the bull trout is likely to have contracted and 
expanded over time in relation to natural climate changes; the 
distribution of the species probably was likely patchy even in pristine 
environments. However, regardless of uncertainty about the exact 
historical range, the number and size of historical populations, and 
the role of natural factors in the status of the species, there is 
widespread agreement in scientific literature that many factors related 
to human activities have impacted bull trout and continue to pose 
significant risks of further extirpations of local populations (see 
Fitch 1997; Clayton 1999; Post and Johnson 2002; Costello et al. 2003). 
In the Saint Mary River drainage within the United States, the primary 
threat to bull trout habitat is water diversions in the U.S. and 
Canada, which can cause entrainment of fish, disruption of migratory 
corridors, dewatering of instream habitat, and alteration of stream 
temperature regimes, and may preclude connectivity with some local 
headwater populations, such as in Lee Creek.
    A second major issue is the lingering effect of a half-century of 
fish introductions, particularly the widespread stocking and 
establishment of brook trout (Salvelinus fontinalis), which may compete 
with and hybridize with bull trout. Lake trout (Salvelinus namaycush) 
and northern pike (Esox lucius), two species with the potential to 
compete with bull trout, are native in the Saint Mary River drainage. 
As a result, bull trout were probably precluded from establishing 
strong

[[Page 35772]]

migratory populations in the most productive lowland lacustrine 
habitats in the drainage, such as in Saint Mary Lakes (Donald and 
Alger; Service 2002). In addition, much of the potential habitat for 
adfluvial populations of bull trout in headwater lakes was historically 
isolated and fishless, due to barriers formed by natural waterfalls. 
Hence, bull trout populations in the Saint Mary system seem to have 
developed a mixture of fluvial and adfluvial migratory life history 
patterns, spending much of their time in the Saint Mary River and 
several of its major tributaries. Localized habitat impacts occur in 
some of the watersheds from forestry, livestock grazing, agriculture, 
mining, and transportation corridors. These impacts are generally site-
specific and less pervasive than the impacts due to the diversions 
(Fitch 1997; Clayton 1999; Service 2002).
    In the Belly River drainage, the reasons for decline were similar, 
though they occur mostly in downstream reaches in Canada. The headwater 
lakes in Glacier National Park currently support mostly populations of 
nonnative rainbow trout (Oncorhynchus mykiss), Yellowstone cutthroat 
trout (Oncorhynchus clarki bouvieri), brook trout, and kokanee. The 
habitat in U.S. portions of the Belly River drainage is mostly intact, 
as it occurs primarily in backcountry areas of Glacier National Park.
    For populations of bull trout throughout their range, the 
ramifications and effects of isolation and habitat fragmentation on 
various aspects of the life cycle of bull trout are highlighted in much 
of the scientific literature on this species. Isolation of populations 
and habitat fragmentation resulting from barriers to migration has 
negatively impacted bull trout in several ways that have important 
implications for the conservation of the species. These include: (1) 
Reducing geographical distribution (Rieman and McIntyre 1993; MBTSG 
1998); (2) increasing the probability of losing individual local 
populations (Rieman and McIntyre 1993; Rieman et al. 1995; MBTSG 1998; 
Dunham and Rieman 1999; Nelson et al. 2002); (3) increasing the 
probability of hybridization with introduced brook trout (Rieman and 
McIntyre 1993); (4) reducing the potential for movements that are 
necessary to meet developmental, foraging, and seasonal habitat 
requirements (Rieman and McIntyre 1993; MBTSG 1998); and (5) reducing 
reproductive capability by eliminating the larger, more fecund 
migratory form of bull trout from many subpopulations (Rieman and 
McIntyre 1993; MBTSG 1998).
    Introduced brook trout threaten bull trout throughout most of their 
range through competition, hybridization, and possibly predation (Leary 
et al. 1993). Brook trout appear to be better adapted to degraded 
habitat than bull trout, and brook trout are more tolerant of high 
water temperatures. Hybridization between brook trout and bull trout 
has been reported in Montana, Oregon, Washington, and Idaho (Leary et 
al. 1985). In addition, brook trout mature at an earlier age and have a 
higher reproductive rate than bull trout. This difference appears to 
favor brook trout over bull trout when they occur together, often 
leading to the decline or extirpation of bull trout (Leary et al. 1993; 
MBTSG 1998). Nonnative lake trout also negatively affect bull trout. A 
study of 34 lakes in Montana, Alberta, and British Columbia found that 
lake trout reduce the distribution and abundance of migratory bull 
trout in mountain lakes, and concluded that lacustrine populations of 
bull trout usually cannot be maintained if lake trout are introduced 
(Donald and Alger 1993).

Previous Federal Action

    On November 29, 2002, we published the court-ordered proposed 
critical habitat designation for the bull trout Klamath River and 
Columbia River populations (67 FR 71235). In that proposed rule, we 
included a detailed summary of previous Federal actions completed prior 
to publication of that proposal as it related to all bull trout 
populations. We now provide information on actions as they relate just 
to the Jarbidge River, Coastal-Puget Sound, and Saint Mary-Belly River 
populations.
    On June 10, 1998, we published in the Federal Register (63 FR 
31693) a proposed rule to list the Jarbidge River, Coastal-Puget Sound, 
and Saint Mary-Belly River population segments of bull trout as a 
threatened species. On August 11, 1998, we published an emergency rule 
in the Federal Register (63 FR 42757) listing the Jarbidge River 
population as endangered. We published the final rule listing the 
Jarbidge River population as threatened on April 8, 1999 (64 FR 17110), 
and listed the Coastal-Puget Sound and Saint Mary-Belly River 
populations as threatened on November 1, 1999 (64 FR 58910). At the 
time of each listing, we made the finding that critical habitat was not 
determinable for these populations because their habitat needs were not 
sufficiently well known (64 FR 58927).
    On January 26, 2001, the Alliance for the Wild Rockies, Inc. and 
Friends of the Wild Swan, Inc. filed a lawsuit in the U.S. District 
Court of Oregon challenging our failure to designate critical habitat 
for bull trout. We entered into a settlement agreement on January 14, 
2002, in which we agreed to submit for publication in the Federal 
Register a proposed rule for critical habitat designation for the 
Jarbidge River, Coastal-Puget Sound, and Saint Mary-Belly River 
populations by October 1, 2003, and a final rule by October 1, 2004. A 
subsequent agreement resulted in extending the date for finalizing the 
proposed rule by June 15, 2004, and completing a final rule by June 15, 
2005.

Critical Habitat

    Critical habitat is defined in section 3 of the Act as--(i) the 
specific areas within the geographic area occupied by a species, at the 
time it is listed in accordance with the Act, on which are found those 
physical or biological features (I) essential to the conservation of 
the species and (II) that may require special management considerations 
or protection; and (ii) specific areas outside the geographic area 
occupied by a species at the time it is listed, upon a determination 
that such areas are essential for the conservation of the species. 
``Conservation'' means the use of all methods and procedures that are 
necessary to bring an endangered or a threatened species to the point 
at which listing under the Act is no longer necessary.
    Critical habitat receives protection under section 7 of the Act 
through the prohibition against destruction or adverse modification of 
critical habitat with regard to actions carried out, funded, or 
authorized by a Federal agency. Section 7 requires consultation on 
Federal actions that are likely to result in the destruction or adverse 
modification of critical habitat.
    To be included in a critical habitat designation, the habitat must 
first be ``essential to the conservation of the species.'' Critical 
habitat designations identify, to the extent known using the best 
scientific and commercial data available, habitat areas that provide 
essential life cycle needs of the species (i.e., areas on which are 
found the primary constituent elements, as defined at 50 CFR 
424.12(b)).
    Occupied habitat may be included in critical habitat only if the 
essential features thereon may require special management or 
protection. Thus, we do not include areas where existing management is 
sufficient to conserve the species. (As discussed below, such areas may 
also be excluded from critical habitat pursuant to section 4(b)(2).)

[[Page 35773]]

    Our regulations state that, ``The Secretary shall designate as 
critical habitat areas outside the geographic area presently occupied 
by the species only when a designation limited to its present range 
would be inadequate to ensure the conservation of the species'' (50 CFR 
424.12(e)). Accordingly, when the best available scientific and 
commercial data do not demonstrate that the conservation needs of the 
species so require, we will not designate critical habitat in areas 
outside the geographic area occupied by the species.
    Our Policy on Information Standards Under the Endangered Species 
Act, published in the Federal Register on July 1, 1994 (59 FR 34271) 
and our U.S. Fish and Wildlife Service Information Quality Guidelines 
(2002) provide criteria, establish procedures, and provide guidance to 
ensure that our decisions represent the best scientific and commercial 
data available. They require our biologists, to the extent consistent 
with the Act and with the use of the best scientific and commercial 
data available, to use primary and original sources of information as 
the basis for recommendations to designate critical habitat.
    Critical habitat designations do not signal that habitat outside 
the designation is unimportant to bull trout. Areas outside the 
critical habitat designation will continue to be subject to 
conservation actions that may be implemented under section 7(a)(1), and 
to the regulatory protections afforded by the section 7(a)(2) jeopardy 
standard and the section 9 take prohibition, as determined on the basis 
of the best available information at the time of the action. We 
specifically anticipate that federally funded or assisted projects 
affecting listed species outside their designated critical habitat 
areas may still result in jeopardy findings in some cases. Similarly, 
critical habitat designations made on the basis of the best available 
information at the time of designation will not control the direction 
and substance of future recovery plans, habitat conservation plans, or 
other species conservation planning efforts if new information 
available to these planning efforts calls for a different outcome.

Methods

    As required by section 4(b)(1)(A) of the Act, we used the best 
scientific data available to determine areas essential to the 
conservation of the bull trout, including proposing critical habitat, 
we review the overall approaches to the conservation of the species 
undertaken by local, State, and Federal agencies; Tribal governments; 
and private individuals and organizations since the species was listed 
in 1998. We relied heavily on information developed by the Bull Trout 
Recovery Unit Teams, which were comprised of Federal, State, Tribal, 
and private industry biologists, as well as experts from other 
scientific disciplines such as hydrology and forestry, resource users, 
and other stakeholders with an interest in bull trout and the habitats 
they depend on for survival. We reviewed available information 
concerning bull trout habitat use and preferences, habitat conditions, 
threats, limiting factors, population demographics, and the known 
locations, distribution, and abundances of bull trout.
    During our evaluation of information, we took into account the 
relatively low probability of detection of bull trout in traditional 
fish sampling and survey efforts, as well as the limited extent of such 
efforts across the range of bull trout. Because of their varied life-
history strategies, nocturnal habits, and low population densities in 
many areas, the detectability of bull trout in a given area is highly 
variable (Rieman and McIntyre 1993). Furthermore, much of the current 
information on bull trout presence is the product of informal surveys 
or sampling conducted for other species or other purposes. The primary 
limitations of informal surveys are that they provide no estimate of 
certainty (i.e., a measure of the probability of detection), and they 
may be inadequate for determining parameters such as the densities and 
distribution of the population. The need for a statistically sound bull 
trout survey protocol has been addressed only recently through the 
development, by the American Fisheries Society, of a peer-reviewed 
protocol for determining presence/absence, for juvenile and resident 
bull trout (Peterson et al. 2002).
    Areas where presence of the species is undetermined may be 
essential to the conservation of the species if they provide 
connectivity between areas of high-quality habitat or access to an 
abundant food base, served as important migration corridors for fluvial 
or adfluvial fish, or were identified in the Draft Recovery Plan 
(Service 2002, 2004) as necessary for local population expansion or 
reestablishment in order to achieve recovery, so that delisting can 
occur. Restoration of reproducing bull trout populations to additional 
portions of their historical range would significantly reduce the 
likelihood of extinction due to natural or human-caused factors that 
might otherwise further reduce population size and distribution. Thus, 
an integral component of the Draft Recovery Plan (Service 2002, 2004) 
is the selective reestablishment of secure, self-sustaining populations 
in certain areas where the species has apparently, but not necessarily 
conclusively, been extirpated.
    In some areas (e.g., areas of Montana where bull trout surveys have 
been consistently conducted for a decade or more), we feel there is a 
relatively reliable level of information available on bull trout 
distribution. However, given the limitations of our current knowledge 
and the specific life history traits of bull trout described above, we 
feel that in many areas across their range a lack of bull trout 
detections to date does not provide definitive evidence of their 
absence in a particular lake, stream, or river. Accordingly, we 
considered information gathered during the bull trout recovery planning 
process, as supplemented by even more recent information developed by 
State agencies, Tribes, the U.S. Forest Service (USFS), and other 
entities, in the development of our critical habitat proposal. Data 
concerning accessibility, proximity to known bull trout streams, 
habitat conditions, and status of primary constituent elements were 
also considered when available. To address areas where data gaps exist, 
we also solicited expert opinions from knowledgeable fisheries 
biologists in the local area.
    However, because of our desire to limit any potential regulatory 
effects of a critical habitat designation to those areas where we 
believe we have the greatest set of supporting information, we have 
limited this critical habitat proposal to areas of known occupancy that 
we consider essential to the conservation of the species. We 
acknowledge that considerable scientific information exists as to the 
importance of other areas to the conservation of the species where bull 
trout-specific surveys have not been conducted. Accordingly, we are 
specifically seeking public comment on areas of habitat for which we do 
not have documented evidence of occupancy, but which may be important 
to provide additional spawning and rearing areas or FMO habitat for 
existing bull trout populations. These habitat areas may contain the 
primary constituent elements, in particular an adequate forage base, 
and are accessible to existing bull trout populations. Additionally, we 
are seeking information on areas of habitat with evidence of occupancy 
of which we are unaware.
    Specific areas for which we are seeking additional information 
include: the headwater tributaries of the Jarbidge River system; the 
Bruneau River and its

[[Page 35774]]

tributaries; tributaries of the Skokomish, Dungeness, Hoh, Queets, 
Quinault, and Chehalis River systems; independent tributaries to Hood 
Canal, Pacific Coast from Cape Flattery to Willapa Bay, and Grays 
Harbor; Sumas River and tributaries of the Chilliwack River system; 
tributaries of the Nooksack River system, especially those to its major 
forks; tributaries of the Skagit River system; tributaries of Diablo 
Lake and the Thunder Creek system; tributaries of Ross Lake and the 
Lightning Creek system; tributaries of the Stillaguamish River system, 
especially those to its major forks; tributaries of the Skykomish River 
and its major forks; and tributaries of the Puyallup River system, 
especially those to the Carbon, West Fork White, upper White, and 
Greenwater Rivers. If we receive evidence of occupancy of stream 
segments in any of these areas, we will evaluate the appropriateness of 
including them in the final critical habitat designation.
    Important considerations in selecting areas for critical habitat 
designation include factors specific to each river system, such as size 
(e.g., stream order), gradient, channel morphology, connectivity to 
other aquatic habitats, and habitat complexity and diversity, as well 
as range-wide recovery considerations. This effort was especially 
assisted by the recovery strategy described in the Draft Recovery Plan 
(Service 2002, 2004). We took into account that preferred habitat for 
bull trout ranges from small headwater streams that are used largely 
for spawning and rearing, to downstream, mainstem portions of river 
networks that are used for rearing, foraging, overwintering, and 
migration.
    Our method included consideration of information regarding habitat 
essential to maintaining the migratory life-history forms of bull 
trout, in light of the repeated emphasis about the importance of such 
habitat in the scientific literature (Rieman and McIntyre 1993; Hard 
1995; Healey and Prince 1995; Rieman et al. 1995; MBTSG 1998; Dunham 
and Rieman 1999; Nelson et al. 2002). As explained previously, habitat 
for movement upstream and downstream is important for all life-history 
forms for spawning, foraging, growth, access to rearing and 
overwintering areas, or thermal refugia (e.g., spring-fed streams in 
late summer), avoidance of extreme environmental conditions, and other 
normal behavior. Successful migration requires biologically, 
physically, and chemically unobstructed routes for movement of 
individuals. Therefore, our method included considering information 
regarding habitat that is essential for movement into and out of larger 
rivers, because of the importance of such areas to the fluvial form of 
bull trout. We similarly identified habitat that is essential for 
movement between streams and lakes by adfluvial forms.
    Migratory corridors also are important for movement between 
populations (e.g. Fraley and Shepard 1989; Rieman and McIntyre 1993; 
Rieman et al. 1995; Dunham and Rieman 1999). Thus, in addition to 
considering areas important for migration within populations, our 
method also included considering information regarding migration 
corridors necessary to allow for genetic exchange between local 
populations. Corridors that provide for such movements can support 
eventual recolonization of unoccupied areas or otherwise play a 
significant role in maintaining genetic diversity and metapopulation 
viability. Because these factors are important in identifying areas 
that are essential to the conservation of bull trout, our method 
included consideration of the various roles that migratory corridors 
have for bull trout.

Primary Constituent Elements

    In accordance with section 3(5)(A)(i) of the Act and regulations at 
50 CFR 424.12, in determining which areas to designate as critical 
habitat, we consider those physical and biological features (primary 
constituent elements) that are essential to the conservation of the 
species, and that may require special management considerations or 
protection. These features are used for all listed species and include, 
but are not limited to: space for individual and population growth and 
for normal behavior; food, water, or other nutritional or physiological 
requirements; cover or shelter; sites for breeding and reproduction; 
and habitats that are protected from disturbance or are representative 
of the historic and geographical and ecological distributions of a 
species.
    The specific biological and physical features, otherwise referred 
to as the primary constituent elements, which comprise bull trout 
habitat are based on specific components that provide for the essential 
biological components of the species as described below.
    Bull trout have more specific habitat requirements than most other 
salmonids (Rieman and McIntyre 1993). Habitat components that 
particularly influence their distribution and abundance include water 
temperature and quality; cover; channel form and stability; spawning 
and rearing substrate conditions; appropriate hydrograph; migratory 
corridors: food base abundance; and the absence of predatory or 
interbreeding species or species that compete for resources.
    Relatively cold water temperatures, particularly summer water 
temperatures, are characteristic of bull trout habitat. Water 
temperatures above 59 [deg]Fahrenheit (F) (15 [deg]Celsius (C)) are 
believed to limit their distribution (Fraley and Shepard 1989; Rieman 
and McIntyre 1996). Although adults have been observed in large rivers 
throughout the Columbia River basin in water temperatures up to 68 
[deg]F (20 [deg]C), Gamett (1999) documented steady and substantial 
declines in abundance in stream reaches where water temperature ranged 
from 59 to 69 [deg]F (15 to 20 [deg]C). Thus, water temperature may 
partially explain the generally patchy distribution of bull trout in a 
watershed. In large rivers, bull trout are often observed ``dipping'' 
into the lower reaches of tributary streams, and it is suspected that 
cooler waters in these tributary mouths may provide important thermal 
refugia, allowing them to forage, migrate, and overwinter in waters 
that would otherwise be, at least seasonally, too warm. Spawning areas 
often are associated with cold-water springs, groundwater infiltration, 
and the coldest streams in a given watershed (Pratt 1992; Rieman and 
McIntyre 1993; Rieman et al. 1997).
    Throughout their lives, bull trout require complex forms of cover, 
including large woody debris, undercut banks, boulders, and pools 
(Fraley and Shepard 1989; Watson and Hillman 1997). Juveniles and 
adults frequently inhabit side channels, stream margins, and pools with 
suitable cover (Sexauer and James 1997). McPhail and Baxter (1996) 
reported that newly emerged fry are secretive and hide in gravel along 
stream edges and in side channels. They also reported that juveniles 
are found mainly in pools but also in riffles and runs that they 
maintain focal sites near the bottom, and that they are strongly 
associated with instream cover, particularly overhead cover. Bull trout 
have been observed overwintering in deep beaver ponds or pools 
containing large woody debris (Jakober 1995). Adult bull trout 
migrating to spawning areas have been recorded as staying 2 to 4 weeks 
at the mouths of spawning tributaries in deeper holes or near log or 
cover debris (Fraley and Shepard 1989).
    The stability of stream channels and stream flows are important 
habitat characteristics for bull trout populations (Rieman and McIntyre 
1993). The side channels, stream margins, and pools with suitable cover 
for bull trout are sensitive to activities that directly or

[[Page 35775]]

indirectly affect stream channel stability and alter natural flow 
patterns. For example, altered stream flow in the fall may disrupt bull 
trout during the spawning period, and channel instability may decrease 
survival of eggs and young juveniles in the gravel during winter 
through spring (Fraley and Shepard 1989; Pratt 1992; Pratt and Huston 
1993).
    Watson and Hillman (1997) concluded that watersheds must have 
specific physical characteristics to provide the necessary habitat 
requirements for bull trout spawning and rearing, and that the 
characteristics are not necessarily ubiquitous throughout the 
watersheds in which bull trout occur. The preferred spawning habitat of 
bull trout consists of low-gradient stream reaches with loose, clean 
gravel (Fraley and Shepard 1989). Bull trout typically spawn from 
August to November during periods of decreasing water temperatures 
(Swanberg 1997). However, migratory forms are known to begin spawning 
migrations as early as April, and to move upstream as much as 155 mi 
(250 km) to spawning areas (Fraley and Shepard 1989; Swanberg 1997). 
Fraley and Shepard (1989) reported that initiation of spawning by bull 
trout in the Flathead River system appeared to be related largely to 
water temperature, with spawning initiated when water temperatures 
dropped below 48 to 50 [deg]F (9 to 10 [deg]C). Goetz (1989) reported a 
temperature range from 39 to 50 [deg]F (4 to 10 [deg]C) (Goetz 1989). 
Such areas often are associated with cold-water springs or groundwater 
upwelling (Rieman et al. 1997; Baxter et al. 1999). Fraley and Shepard 
(1989) also found that groundwater influence and proximity to cover are 
important factors influencing spawning site selection. They reported 
that the combination of relatively specific requirements resulted in a 
restricted spawning distribution in relation to available stream 
habitat. Depending on the water temperature, egg incubation is normally 
100 to 145 days (Pratt 1992). Water temperatures of 34.2 to 41.7 [deg]F 
(1.2 to 5.4 [deg]C) have been reported for incubation, with an optimum 
(best embryo survivorship) temperature reported to be from 36 to 39 
[deg]F (2 to 4 [deg]C) (Fraley and Shepard 1989; McPhail and Baxter 
1996).
    Juveniles remain in the substrate after hatching, such that the 
time from egg deposition to emergence of fry can exceed 200 days. 
During the relatively long incubation period in the gravel, bull trout 
eggs are especially vulnerable to fine sediments and water quality 
degradation (Fraley and Shepard 1989). Increases in fine sediment 
appear to reduce egg survival and emergence (Pratt 1992). Weaver and 
Fraley (1991) reported an 80 percent emergence success rate when no 
fine material was present and less than a 5 percent emergence success 
rate when half of the incubation gravel was smaller than 0.25 in (0.635 
cm). Juveniles are likely to be negatively affected as well. High 
juvenile densities have been reported in areas characterized by a 
diverse cobble substrate and a low percent of fine sediments (Shepard 
et al. 1984).
    The stability of stream channels and stream flows are important 
habitat characteristics for bull trout populations (Rieman and McIntyre 
1993). The side channels, stream margins, and pools with suitable cover 
for bull trout are sensitive to activities that directly or indirectly 
affect stream channel stability and alter natural flow patterns. For 
example, altered stream flow in the fall may disrupt bull trout during 
the spawning period, and channel instability may decrease survival of 
eggs and young juveniles in the gravel during winter through spring 
(Fraley and Shepard 1989; Pratt 1992; Pratt and Huston 1993).
    The ability to migrate is important to the persistence of local 
bull trout (Rieman and McIntyre 1993; Gilpin 1997; Rieman and Clayton 
1997; Rieman et al. 1997). Bull trout rely on migratory corridors to 
move from spawning and rearing habitats to foraging and overwintering 
habitats and back. Migratory bull trout become much larger than 
resident fish in the more productive waters of larger streams and 
lakes, leading to increased reproductive potential (McPhail and Baxter 
1996). The use of migratory corridors by bull trout also results in 
increased dispersion, facilitating gene flow among local populations 
when individuals from different local populations interbreed, stray, or 
return to nonnatal streams. Also, local populations that have been 
extirpated by catastrophic events may become reestablished as a result 
of movements by bull trout through migratory corridors (Rieman and 
McIntyre 1993; Montana Bull Trout Scientific Group (MBTSG) 1998).
    While stream habitats have received more attention, lakes and 
reservoirs also figure prominently in meeting the life cycle 
requirements of bull trout. For adfluvial bull trout populations, lakes 
and reservoirs provide an important component of the core foraging, 
migrating, and overwintering habitat, and are integral to maintaining 
the adfluvial life history strategy that is commonly exhibited by bull 
trout. When juvenile bull trout emigrate downstream to a lake or 
reservoir from the spawning and rearing streams in the headwaters, they 
enter a more productive lentic environment that allows them to achieve 
rapid growth and energy storage. Typically, juvenile bull trout are at 
least 2 years old and 4 in (100 mm) or longer upon entry to the lake 
environment. For the next 2 to 4 years they grow rapidly. At a typical 
age of 5 years or older, when total length normally exceeds 16 in (400 
mm), they reach sexual maturity. The lake environment provides the 
necessary attributes of food, space, and shelter for the subadult fish 
to prepare for the rigors of migratory passage upstream to the natal 
spawning area, a migration that may last as long as 6 months and cover 
distances as much as 155 mi (250 km) upriver.
    When adfluvial bull trout reach adulthood and complete the spawning 
migration, mating in the fall in the stream where they originated, they 
usually return downstream to the lake very rapidly. Adult adfluvial 
bull trout may live as long as 20 years and can complete multiple 
migrations between the lake and the spawning stream. In many 
populations, alternate year spawning is the normal pattern, and adult 
fish may require as much as 20 months in the lake or reservoir habitat 
to facilitate adequate energy storage and gamete development before 
they return to spawn again.
    One of the key factors influencing the distribution and abundance 
of bull trout is the extent to which habitat patches in sufficient 
number and proximity provide for the natural reestablishment of local 
subpopulations. Ratliff and Howell (1992) noted that habitat 
fragmentation and the resulting isolation of populations can exacerbate 
problems facing declining populations, including reduced genetic 
variability that can lead to inbreeding depression, further lowering 
productivity and increasing the risk of extinction. They described the 
loss of fluvial and adfluvial life histories as a major concern for 
bull trout conservation, noting that these larger fish have greater 
reproductive potential because of their increased fecundity and also 
are less likely to hybridize with the smaller brook trout (Salvelinus 
fontinalis) that often co-occur in spawning areas.
    Although the loss of a few populations may have little effect on 
overall genetic diversity, without conserving suites of populations and 
their habitats (i.e., core areas and, on a larger scale, recovery 
units), the loss of phenotypic diversity may be substantial, with 
negative consequences to the viability of the species (Rieman and 
McIntyre 1993; Hard 1995; Healey and

[[Page 35776]]

Prince 1995; MBTSG 1998; Taylor et al. 1999; Nelson et al. 2002). 
Therefore, the maintenance of phenotypic variability and plasticity for 
adaptive traits (e.g., variability in body size and form, foraging 
efficiency, and timing of migrations, spawning, and maturation) is 
achieved by conserving populations, their habitats, and opportunities 
for the species to take advantage of habitat diversity (Hard 1995; 
Healey and Prince 1995).
    The ramifications and effects of isolation and habitat 
fragmentation on various aspects of the life cycle bull trout are 
highlighted in much of the scientific literature on this species. 
Isolation of populations and habitat fragmentation resulting from 
barriers to migration have negatively impacted affected bull trout in 
several ways that have important implications for the conservation of 
the species. These include: (1) Reducing geographical distribution 
(Rieman and McIntyre 1993; MBTSG 1998); (2) increasing the probability 
of losing individual local populations (Rieman and McIntyre 1993; 
Rieman et al. 1995; MBTSG 1998; Dunham and Rieman 1999; Nelson et al. 
2002); (3) increasing the probability of hybridization with introduced 
brook trout (Rieman and McIntyre 1993); (4) reducing the potential for 
movements that are necessary to meet developmental, foraging, and 
seasonal habitat requirements (Rieman and McIntyre 1993; MBTSG 1998); 
and (5) reducing reproductive capability by eliminating the larger, 
more fecund migratory form of bull trout from many subpopulations 
(Rieman and McIntyre 1993; MBTSG 1998).
    Introduced brook trout threaten bull trout through competition, 
hybridization, and possibly predation (Leary et al. 1993). Brook trout 
appear to be better adapted to degraded habitat than bull trout, and 
brook trout are more tolerant of high water temperatures. Hybridization 
between brook trout and bull trout has been reported in Montana, 
Oregon, Washington, and Idaho. In addition, brook trout mature at an 
earlier age and have a higher reproductive rate than bull trout. This 
difference appears to favor brook trout over bull trout when they occur 
together, often leading to the decline or extirpation of bull trout 
(Leary et al. 1993; MBTSG 1998). Nonnative lake trout also negatively 
affect bull trout. A study of 34 lakes in Montana, Alberta, and British 
Columbia found that lake trout reduce the distribution and abundance of 
migratory bull trout in mountain lakes and concluded that lacustrine 
populations of bull trout usually cannot be maintained if lake trout 
are introduced (Donald and Alger 1993).
    The effects of pollutant discharges on water quality and bull trout 
range from benign to extreme, depending upon the type and concentration 
of material delivered (MBTSG 1998). NMFS has studied the effects of 
contaminated sediments on salmon populations and noted reduced growth 
and disease resistance of juvenile chinook salmon when exposed to 
environmentally relevant levels of compounds like PCBs and PAHs 
(Varanasi et al. 1993a, Arkoosh et al. 1991, 1998). Similar effects are 
likely to occur in bull trout.
    Pursuant to our regulations, we are required to identify the known 
physical and biological features, i.e., primary constituent elements, 
essential to the conservation of bull trout, together with a 
description of any critical habitat that is proposed. In identifying 
the primary constituent elements, we used the best available scientific 
and commercial data available. The primary constituent elements 
determined essential to the conservation of bull trout are:
    (1) Water temperatures ranging from 36 to 59 [deg]F (2 to 15 
[deg]C), with adequate thermal refugia available for temperatures at 
the upper end of this range. Specific temperatures within this range 
will vary depending on bull trout life history stage and form, 
geography, elevation, diurnal and seasonal variation, shade, such as 
that provided by riparian habitat, and local groundwater influence;
    (2) Complex stream channels with features such as woody debris, 
side channels, pools, and undercut banks to provide a variety of 
depths, velocities, and instream structures;
    (3) Substrates of sufficient amount, size, and composition to 
ensure success of egg and embryo overwinter survival, fry emergence, 
and young-of-the-year and juvenile survival. A minimal amount of fine 
substrate less than 0.25 in (0.63 cm) in diameter and minimal substrate 
embeddedness are characteristic of these conditions;
    (4) A natural hydrograph, including peak, high, low, and base flows 
within historic ranges or, if regulated, a hydrograph that demonstrates 
the ability to support bull trout populations by minimizing daily and 
day-to-day fluctuations and minimizing departures from the natural 
cycle of flow levels corresponding with seasonal variation;
    (5) Springs, seeps, groundwater sources, and subsurface water 
connectivity to contribute to water quality and quantity;
    (6) Migratory corridors with minimal physical, biological, or water 
quality impediments between spawning, rearing, overwintering, and 
foraging habitats, including intermittent or seasonal barriers induced 
by high water temperatures or low flows;
    (7) An abundant food base including terrestrial organisms of 
riparian origin, aquatic macroinvertebrates, and forage fish;
    (8) Few or no nonnative predatory, interbreeding, or competitive 
species present; and
    (9) Permanent water of sufficient quantity and quality such that 
normal reproduction, growth and survival are not inhibited.
    The bull trout critical habitat for the Jarbidge River, Coastal-
Puget Sound, and Saint Mary-Belly River populations are designed to 
incorporate what is essential for their conservation. All lands 
identified as essential and proposed as critical habitat contain one or 
more of the primary constituent elements for bull trout.

Special Management Considerations or Protection

    As we undertake the process of designating critical habitat for a 
species, we first evaluate lands defined by those physical and 
biological features essential to the conservation of the species for 
inclusion in the designation pursuant to section 3(5)(A) of the Act. 
Secondly, we then evaluate lands defined by those features to assess 
whether they may require special management considerations or 
protection. As discussed throughout this proposed rule, in the previous 
proposal of critical habitat for the Klamath and Columbia River 
segments of bull trout (67 FR 71236, November 29, 2002), in the draft 
Recovery Plan for the Klamath, Columbia, and St. Mary-Belly River 
segments of bull trout, and in the various proposed and final listing 
rules for bull trout (62 FR 32268, June 13, 1997; 64 FR 17110, April 8, 
1999; 63 FR 31647, June 10, 1998; 63 FR 31693, June 10, 1998; and 64 FR 
58910, November 1, 1999), bull trout and its habitat are threatened by 
a multitude of factors. Threats to those features that define essential 
habitat (primary constituent elements) are caused by negative changes 
in water quality, stream complexity, quality and quantity of stream 
substrate, stream hydrology, migratory corridors, food sources, and 
non-native competitors and predators. It is essential for the survival 
of this species to protect those features that define the remaining 
essential habitat, through purchase or special management plans, from 
irreversible threats and habitat conversion. These impacts can be 
ameliorated by educating landowners and managers

[[Page 35777]]

about the location and value of these resources and requesting that 
they protect these resources.
    Threats to the features that define habitat essential to the 
conservation of the bull trout should be assessed for each site. Sites 
should be protected from activities that negatively alter or destroy 
bull trout aquatic habitat. An appropriate management and monitoring 
plan should address these threats. As such, we believe that within each 
area proposed for designation as critical habitat the physical and 
biological features essential for the conservation of the bull trout 
may require some level of management and/or protection to address the 
current and future threats to the bull trout and habitat essential to 
its conservation to ensure the overall recovery of the species.
    Relatively cold water temperatures are characteristic of bull trout 
habitat. Water temperatures above 15 [deg]Celsius (C) (59 
[deg]Fahrenheit (F)) are believed to limit their distribution (Fraley 
and Shepard 1989; Rieman and McIntyre 1996). Although adults have been 
observed in large rivers throughout the Columbia River basin in water 
temperatures up to 20 [deg]C (68 EF), Gamett (1999) documented steady 
and substantial declines in abundance in stream reaches where water 
temperature ranged from 15 to 20 [deg]C (59 to 68 [deg]F). Thus, water 
temperature may partially explain the generally patchy distribution of 
bull trout in a watershed. In large rivers, bull trout are often 
observed ``dipping'' into the lower reaches of tributary streams, and 
it is suspected that cooler waters in these tributary mouths may 
provide important thermal refugia, allowing them to forage, migrate, 
and overwinter in waters that would otherwise be, at least seasonally, 
too warm. Spawning areas often are associated with cold-water springs, 
groundwater infiltration, and the coldest streams in a given watershed 
(Pratt 1992; Rieman and McIntyre 1993; Rieman et al. 1997). Activities 
that reduce stream flows or alter the natural hydrograph may affect 
stream temperatures (e.g., stream diversions).
    The stability of stream channels and stream flows are important 
habitat characteristics for bull trout populations (Rieman and McIntyre 
1993). The side channels, stream margins, and pools with suitable cover 
for bull trout are sensitive to activities that directly or indirectly 
affect stream channel stability and alter natural flow patterns. For 
example, altered stream flow in the fall may disrupt bull trout during 
the spawning period, and channel instability may decrease survival of 
eggs and young juveniles in the gravel during winter through spring 
(Fraley and Shepard 1989; Pratt 1992; Pratt and Huston 1993).
    Throughout their lives, bull trout require complex forms of cover, 
including large woody debris, undercut banks, boulders, and pools 
(Fraley and Shepard 1989; Watson and Hillman 1997). Juveniles and 
adults frequently inhabit side channels, stream margins, and pools with 
suitable cover (Sexauer and James 1997). McPhail and Baxter (1996) 
reported that newly emerged fry are secretive and hide in gravel along 
stream edges, and in side channels. They also reported that juveniles 
are found mainly in pools, but also in riffles and runs, that they 
maintain focal sites near the bottom, and that they are strongly 
associated with instream cover, particularly overhead cover. Bull trout 
have been observed overwintering in deep beaver ponds or pools 
containing large woody debris (Jakober 1995). Activities that disrupt 
or reduce stream complexity such as channelizing, reducing the input of 
woody debris, or removing riparian cover may negatively affect bull 
trout.
    The ability to migrate is important to the persistence of local 
bull trout subpopulations (Rieman and McIntyre 1993; Gilpin 1997; 
Rieman and Clayton 1997; Rieman et al. 1997). Bull trout rely on 
migratory corridors to move from spawning and rearing habitats to 
foraging and overwintering habitats and back. Migratory bull trout 
become much larger than resident fish in the more productive waters of 
larger streams and lakes, leading to increased reproductive potential 
(McPhail and Baxter 1996). The use of migratory corridors by bull trout 
also results in increased dispersion, facilitating gene flow among 
local populations when individuals from different local populations 
interbreed, stray, or return to non-natal streams. Also, local 
populations that have been extirpated by catastrophic events may become 
reestablished as a result of movements by bull trout through migratory 
corridors (Rieman and McIntyre 1993, Montana Bull Trout Scientific 
Group (MBTSG) 1998). Activities that preclude the function of migratory 
corridors may affect bull trout (e.g., stream blockages).
    The introduction and spread of nonnative species, particularly 
brook trout (Salvelinus fontinalis) and lake trout (Salvelinus 
namaycush), which compete with bull trout for limited resources and, in 
the case of brook trout, hybridize with bull trout (Ratliff and Howell 
1992; Leary et al. 1993) is another ongoing threat to bull trout. Both 
species have been introduced in historical bull trout habitat, and both 
legal and illegal introductions of these and other competing species 
have continued to the present.

Criteria Used To Identify Critical Habitat

    The Draft Recovery Plan (Service 2002, 2004) identifies the 
specific recovery needs of the bull trout and provides guidance for 
identifying areas that warrant critical habitat designation. As 
described below, the information contained in the Draft Recovery Plan 
was used as the principal basis for identifying this proposed critical 
habitat designation. Critical habitat for bull trout was also 
delineated using multiple sources including State databases of bull 
trout distribution.
    The draft recovery strategy focuses primarily on the maintenance 
and, where needed, expansion of existing local populations by: (1) 
Protecting sufficient amounts of spawning and rearing habitat in upper 
watershed areas; (2) providing suitable habitat conditions in 
downstream rivers and lakes to provide foraging and overwintering 
habitat for fluvial and adfluvial fish; and (3) sustaining (and in some 
cases reestablishing) migratory corridors by maintaining or restoring 
habitat conditions that retain migration routes. Migratory corridors 
allow for the potential of gene flow between local populations, as well 
as provide opportunities for the full expression of migratory life-
history forms to ensure adaptive resilience (Rieman and McIntyre 1993; 
MBTSG 1998; Morita and Yamamoto 2002; Colden Baxter, Colorado State 
University and Christian Torgerson, U.S. Geological Survey, in litt. 
2003; Philip Howell, USFS, in litt. 2003).
    Critical habitat units are patterned after recovery units 
identified in the Draft Recovery Plan (Service 2002, 2004) for the 
Jarbidge River, Coastal-Puget Sound, and Saint Mary-Belly River 
population segments. Using the guidance from those plans, we identified 
habitat areas needed for the survival and recovery of bull trout. To be 
included as critical habitat, an area had to provide one or more of the 
following three functions: (1) Spawning, rearing, foraging, or 
overwintering habitat to support existing bull trout local populations; 
(2) movement corridors necessary for maintaining migratory life-history 
forms; and/or (3) suitable and historically occupied habitat that is 
essential for recovering existing local populations that have declined, 
or that is needed to reestablish local populations required for 
recovery.

[[Page 35778]]

    We also note that some habitat areas that would not be considered 
essential if they were geographically isolated are, in fact, essential 
to the conservation of the species when situated in locations where 
they facilitate movement between local populations or otherwise play a 
significant role in maintaining metapopulation viability (e.g., by 
providing sources of immigrants to recolonize adjacent habitat patches 
following periodic extirpation events) (Dunham and Rieman 1999). In 
addition, populations on the periphery of the species' range, or in 
atypical environments, are important for maintaining the genetic 
diversity of the species and could prove essential to the ability of 
the species to adapt to rapidly changing climatic and environmental 
conditions (Leary et al. 1993; Hard 1995).

Relationship to Section 4(a)(3) of the Act

    The Sikes Act Improvement Act of 1997 (Sikes Act) (16 U.S.C. 670a) 
required each military installation that includes land and water 
suitable for the conservation and management of natural resources to 
complete, by November 17, 2001, an Integrated Natural Resource 
Management Plan (INRMP). An INRMP integrates implementation of the 
military mission of the installation with stewardship of the natural 
resources found there. Each INRMP includes an assessment of the 
ecological needs on the installation, including the need to provide for 
the conservation of listed species; a statement of goals and 
priorities; a detailed description of management actions to be 
implemented to provide for these ecological needs; and a monitoring and 
adaptive management plan. We consult with the military on the 
development and implementation of INRMPs for installations with listed 
species.
    Section 318 of fiscal year 2004 the National Defense Authorization 
Act (Pub. L. 108-136) amended section 3 of the Endangered Species Act. 
This provision prohibits us from designating as critical habitat any 
lands or other geographical areas owned or controlled by the Department 
of Defense, or designated for its use, that are subject to an INRMP 
prepared under section 101 of the Sikes Act (16 U.S.C. 670a), if we 
determine in writing that such plan provides a benefit to the species 
for which critical habitat is proposed for designation.
    We identified habitat essential for the conservation of the bull 
trout within the Jim Creek drainage, which is partially encompassed 
within the Naval Reservation for the Naval Radio Station Jim Creek. We 
have examined the INRMP for the Naval Radio Station Jim Creek to 
determine coverage for the bull trout. The INRMP includes measures that 
attempt to minimize impacts to riparian areas and strive to prevent 
entry of herbicides into waterbodies in the Jim Creek basin during 
antenna field vegetation management. Additionally, the riparian areas 
that border the reach of Jim Creek within the Naval Reservation and 
identified as essential habitat are managed primarily for riparian 
protection and wildlife. Based on the beneficial measures for the bull 
trout contained in the INRMP for Naval Radio Station Jim Creek, we have 
not included this area in the proposed designation of critical habitat 
for bull trout pursuant section 4(a)(3) of the Act. We will continue to 
work cooperatively with the Department of the Navy to assist the Naval 
Radio Station Jim Creek in implementing and refining the programmatic 
recommendations contained in this plan that provide benefits to the 
bull trout. The non-inclusion of Naval Radio Station Jim Creek 
demonstrates the important contributions approved INRMPs have to 
conservation of the species. As with HCP exclusions, a related benefit 
of excluding Department of Defense lands with approved INRMPs is that 
it would encourage continued development of partnerships with other 
stakeholders, including States, local governments, conservation 
organizations, and private landowners to develop adequate management 
plans that conserve and protect bull trout habitat.

Relationship to Section 4(b)(2) of the Act

    Section 4(b)(2) of the Act states that critical habitat shall be 
designated, and revised, on the basis of the best available scientific 
data after taking into consideration the economic impact, the impact to 
national security, and any other relevant impact, of specifying any 
particular area as critical habitat. An area may be excluded from 
critical habitat if it is determined, following an analysis, that the 
benefits of such exclusion outweigh the benefits of specifying a 
particular area as critical habitat, unless the failure to designate 
such area as critical habitat will result in the extinction of the 
species. Consequently, we may exclude an area from designated critical 
habitat based on economic impacts, national security, or other relevant 
impacts such as preservation of conservation partnerships, if we 
determine the benefits of excluding an area from critical habitat 
outweigh the benefits of including the area in critical habitat, 
provided the action of excluding the area will not result in the 
extinction of the species. In our critical habitat designations we have 
used the provisions outlined in sections 4(b)(2) of the Act to evaluate 
those specific areas that are proposed for designation as critical 
habitat and those areas which are subsequently finalized (i.e., 
designated).

Relationship to Habitat Conservation Plans

    As described above, section 4(b)(2) of the Act requires us to 
consider other relevant impacts, in addition to economic and national 
security impacts, when designating critical habitat. Section 
10(a)(1)(B) of the Act authorizes us to issue to non-Federal entities a 
permit for the incidental take of endangered and threatened species. 
This permit allows a non-Federal landowner to proceed with an activity 
that is legal in all other respects, but that results in the incidental 
taking of a listed species (i.e., take that is incidental to, and not 
the purpose of, the carrying out of an otherwise lawful activity). The 
Act specifies that an application for an incidental take permit must be 
accompanied by a conservation plan, and specifies the content of such a 
plan. The purpose of such a habitat conservation plan, or HCP, is to 
describe and ensure that the effects of the permitted action on covered 
species are adequately minimized and mitigated and that the action does 
not appreciably reduce the survival and recovery of the species.
    The vast majority of land within the Saint Mary-Belly River 
population of bull trout is either managed by the National Park Service 
in Glacier National Park or is tribal land managed by the Blackfeet 
Nation. The majority of land within the Jarbidge River population of 
bull trout is Federal. There are no existing or proposed HCPs that 
cover the Saint Mary-Belly River or Jarbidge River populations of bull 
trout.
    Within the range of the Coastal-Puget Sound population of bull 
trout, there are six HCPs that include bull trout as a covered species. 
Four of these encompass stream segments and lakes identified as 
proposed critical habitat; these HCPs are from the Washington 
Department of Natural Resources (WDNR), City of Seattle, Tacoma Water, 
and Simpson Timber Company. The WDNR and Simpson Timber HCPs have been 
developed, in part, to provide for the conservation needs of bull trout 
while also allowing for otherwise lawful timber management activities. 
The Tacoma Water and City of Seattle Cedar

[[Page 35779]]

River Watershed HCPs have been developed, in part, to provide for the 
conservation needs of bull trout while also allowing for water 
management and watershed restoration and protection activities. The 
duration of the permits associated with these HCPs ranges from 50 to 
100 years. The permittees have the option, however, of terminating at 
any time if they so choose, with a 60-day notice to the Service. 
Moreover, some permittees may retain their permits but sell some of 
their lands covered by an HCP. All of these HCPs contain a provision 
that allow buyers of lands covered by the HCP to assume the permit if 
they so desire.
    The WDNR lands are maintained primarily for the purpose of growing 
and selling timber to finance State government, and the management of 
these lands also can include purchases, sales, and land exchanges. The 
WDNR HCP does not include incentives for placing conservation easements 
on some of the land that WDNR sells. The HCP allows WDNR to dispose of 
permit lands at its sole discretion. However, if the cumulative impact 
of disposed lands would have a significant adverse effect on the 
covered species, the parties to the HCP are required to mutually amend 
the HCP to provide replacement mitigation.
    The City of Seattle Cedar River Watershed HCP includes provisions 
that: (1) Allow for the sale or exchange of parcels not in excess of 
640 ac (259 ha) to any party as long as the cumulative total of all 
such transactions does not exceed 1,920 ac (777 ha) per township, or a 
total of 6,338 ac (2,565 ha); and (2) allow lands in all other 
circumstances to be sold or exchanged if parties negotiate conditions 
on the property transferred, or alternative mitigation which will not 
compromise the effectiveness of the HCP. However, to maintain 
protection of the public water supply, the City of Seattle is unlikely 
to sell or exchange lands.
    The Tacoma Water HCP addresses reservoir operations and forest 
management activities associated with the management of the upper Green 
River watershed and associated water supply. Although the operational 
effects to bull trout in the downstream reaches of the Green River are 
covered under this HCP, Tacoma Water does not possess management 
authority over other habitat-altering activities that may occur along 
these lower reaches.
    The Tacoma Water HCP includes provisions that: (1) Generally allow 
for the sale or exchange of lands to an agency of the Federal 
Government; (2) allow for the sale or exchange of any lands to a non-
Federal entity that has entered into an agreement acceptable to the 
Services to ensure that the lands will be managed consistent with the 
goals and objectives of the HCP; and (3) allow for the sale of parcels 
not in excess of 160 ac (65 ha). However, Tacoma Water is more likely 
to acquire land for the purpose of protecting the public water supply, 
rather than sell lands.
    The Simpson Timber Company HCP covers approximately 287,000 ac 
(116,145 ha), all within the range of the Coastal-Puget Sound 
population. Provisions in the HCP allow for sale or exchange of lands 
with the following provisions: (1) Sale or exchange does not involve a 
Core Area (as defined in the HCP) and the total acreage of all lands 
sold or exchanged will not exceed 39,200 ac (15,864 ha); or (2) the 
lands are transferred to a Comparable Transferee, such as an agency of 
the Federal Government; or (3) the HCP and Incidental Take Permit are 
modified to delete such land in accordance with the modification 
procedures as described in the Incidental Take Permit.
    We evaluated lands covered by these existing HCPs to determine 
whether they are: (1) Occupied by bull trout and essential to the 
conservation of the species; (2) in need of special management 
considerations or protection; and (3) currently not known to be 
occupied but essential to the conservation of the species. We evaluated 
each HCP to determine whether it: (1) Provides a conservation benefit 
to the species; (2) provides assurances that the management plan will 
be implemented; and (3) provides assurances the plan will be effective. 
Approved and permitted HCPs are designed to ensure the long-term 
survival of covered species within the plan area. Where we have an 
approved HCP, the areas we ordinarily would designate as critical 
habitat for the covered species will normally be protected through the 
terms of the HCPs and their implementation agreements. These HCPs and 
implementation agreements include management measures and protections 
that are crafted to protect, restore, and enhance their value as 
habitat for covered species.
    The issuance of a permit (under section 10(a) of the Act) in 
association with an HCP application is subject to consultation under 
section 7(a)(2) of the Act. While these consultations on permit 
issuance have not specifically addressed the issue of destruction or 
adverse modification of critical habitat for bull trout, they have 
addressed the very similar concept of jeopardy to bull trout in the 
plan area. Since these large regional HCPs address land use within the 
plan boundaries, habitat issues within the plan boundaries have been 
thoroughly addressed in the HCP and the consultation on the permit 
associated with the HCP. Our experience is that, under most 
circumstances, consultations under the jeopardy standard will reach the 
same result as consultations under the adverse modification standard. 
Common to both approaches is an appreciable detrimental effect on both 
survival and recovery of a listed species, in the case of critical 
habitat by reducing the value of the habitat so designated. Thus, 
actions satisfying the standard for adverse modification are nearly 
always found to also jeopardize the species concerned, and the 
existence of a critical habitat designation does not materially affect 
the outcome of consultation. Therefore, additional measures to protect 
the habitat from adverse modification above those addressing actions 
that may jeopardize the species are not likely to be required.
    As noted above, lands within these HCPs are subject to disposal 
(e.g., through sale or exchange), subject to various sideboards 
included in each HCP. In already approved HCPs, we have provided 
assurances to permit holders that once the protection and management 
required under the plans are in place, and for as long as the permit 
holders are fulfilling their obligations under the plans, no additional 
mitigation in the form of land or financial compensation will be 
required of the permit holders and in some cases, specified third 
parties.
    The benefits of including HCP lands in critical habitat are 
normally small. The principal benefit of any designated critical 
habitat is that Federal require consultation under section 7 of the 
Act. Such consultation would ensure that adequate protection is 
provided to avoid adverse modification of critical habitat. However, if 
there is no Federal nexus, no consultation is required. Where HCPs are 
in place, our experience indicates that the benefit of designation is 
small or non-existent. Further, HCPs typically provide for greater 
conservation benefits to a covered species than section 7 consultations 
because HCPs assure the long-term protection and management of a 
covered species and its habitat. Such assurances are typically not 
provided by section 7 consultations which, in contrast to HCPs, often 
do not commit the project proponent to long-term special management or 
protections. In addition, HCP conservation protections cover all lands 
rather than just those lands where there is a Federal nexus.

[[Page 35780]]

    The development and implementation of HCPs provide other important 
conservation benefits, including the development of biological 
information to guide conservation efforts and assist in species 
recovery and the creation of innovative solutions to conserve species 
while allowing for commercial activity. The educational benefits of 
critical habitat, including informing the public of areas that are 
important for the long-term survival and conservation of the species, 
are essentially the same as those that would occur from the public 
notice and comment procedures required to establish an HCP, as well as 
the public participation that occurs in the development of many 
regional HCPs. Also, the HCP development process provides an 
opportunity for more intensive data collection and analysis regarding 
the use of particular habitat used by a species, and the adaptive 
management provisions provide for ongoing data collection and analysis. 
The process enables us to understand the importance of such lands to 
the long-term survival of the species in the context of constructing a 
biologically configured system of interlinked habitat areas. For these 
reasons, then, we believe that designation of critical habitat normally 
has little benefit in areas covered by HCPs.
    The benefits of excluding HCPs from being designated as critical 
habitat include relieving landowners, communities and counties of 
additional regulatory costs and delays that result from such a 
designation. Many HCPs, particularly large regional HCPs, take many 
years to develop and, upon completion, become regional conservation 
plans that are consistent with the recovery of covered species. 
Imposing an additional regulatory review after HCP completion would 
stifle conservation efforts and partnerships in many areas and would be 
viewed as a disincentive to those developing HCPs.
    The benefits to the landowner community of excluding HCPs encourage 
the continued development of partnerships with participants, including 
States, local governments, conservation organizations, and private 
landowners, that together can implement conservation actions we would 
be unable to accomplish solely through regulatory control. By excluding 
areas covered by HCPs from critical habitat designation, we preserve 
these partnerships, encourage continued development of HCPs, and set 
the stage for more effective species conservation.
    In general, we believe the benefits of critical habitat designation 
to be small in areas covered by approved HCPs. We also believe that the 
benefits of excluding HCPs from designation are significant. Weighing 
the small benefits of inclusion against the benefits of exclusion, 
including the benefits of relieving property owners of costs and delays 
related to regulations, together with the encouragement of conservation 
partnerships, we have excluded the WDNR, City of Seattle Cedar River 
Watershed, Tacoma Water, and Simpson Timber Company HCPs from this 
proposed critical habitat pursuant to section 4(b)(2) of the Act.
    In the event that future HCPs covering bull trout are developed 
within the boundaries of designated critical habitat, we will work with 
applicants to ensure that the HCPs provide for protection and 
management of habitat areas essential for the conservation of the bull 
trout by either directing development and habitat modification to 
nonessential areas, or appropriately modifying activities within 
essential habitat areas so that such activities will not adversely 
modify the primary constituent elements. Furthermore, we will complete 
intra-Service consultation on our issuances of section 10(a)(1)(B) 
permits for these HCPs to ensure permit issuance will not destroy or 
adversely modify critical habitat. If an HCP that addresses the bull 
trout as a covered species is ultimately approved, we may reassess the 
critical habitat boundaries in light of the HCP.

Relationship to the Washington State Forest Practices Rules and 
Regulations, as Amended by the Forest and Fish Law

    A collaborative effort (known as the Forest and Fish Report or FFR) 
to address the needs of listed salmonids, and avoid conflicts between 
State regulations and the Act, was initiated by members of six 
caucuses: Federal agencies, State agencies, Native American Tribes, 
non-industrial forest landowners, environmental organizations, and the 
timber industry. In April of 1999, FFR reached a point where complete 
agreement by all parties was unlikely. The environmental organizations 
and some of the Native American Tribes did not support the final 
version of the report. FFR was adopted by the legislature, thereby 
amending the Revised Code of Washington with respect to the Washington 
Forest Practices Act (RCW 76.09), as well as the Washington 
Administrative Code with respect to the Washington Forest Practices 
Rules (WAC 222).
    This collaborative effort addressed the needs of salmonids, other 
fish, and stream-associated amphibians, and specifically addressed the 
needs of bull trout and bull trout habitat in the following ways. 
Riparian buffers on fishbearing streams were designed to recruit the 
majority of the large wood which potentially could be recruited from 
these riparian areas. Because addressing the recruitment of large wood 
requires buffer widths greater than that needed to address many other 
riparian functions, these buffers also address the riparian functions 
of bank stability, shade, nutrient input, and sediment filtering. 
Riparian buffers on fishbearing streams likely account for half of the 
wood delivered to such streams. The remainder of large wood in these 
streams depends on episodic and catastrophic events for transport from 
upstream and upslope areas. These ``upstream'' wood-recruitment 
mechanisms are not well understood. Riparian buffers for streams above 
fishbearing streams include a buffer at the confluence with fishbearing 
streams to address temperature concerns as well as provide a run-out 
zone for events such as landslides and channelized debris flows. Above 
those areas, buffers under FFR rules need not be continuous, but are 
designed to maintain stream temperatures within normal parameters and 
will be placed along sensitive reaches and sites. Slope stability and 
the ability to harvest timber and construct roads on ``at-risk'' or 
unstable slopes are also addressed through these rules.
    Road construction and maintenance is a large part of these 
regulations, requiring corrective measures to address existing problem 
areas. These rules are designed to ensure stream connectivity through 
road crossings, shunting of road-generated sediment away from aquatic 
resources, and integrity of road infrastructure. It mandates a process 
of identification of problem areas and correction of those road 
segments within specified timeframes.
    We assessed FFR with respect to the primary constituent elements 
for bull trout critical habitat. Forest practices conducted consistent 
with the FFR are expected to maintain a high-level of water quality. In 
addition, the FFR is expected to maintain the thermal regime of streams 
within the range of normal variation, and contribute to the maintenance 
of complex stream channels, appropriate substrates, a natural 
hydrograph, ground-water sources and subsurface connectivity, migratory 
corridors, and an abundant food base. We do not expect forest practices 
to introduce or favor nonnative competitors or predators.
    These rules apply to non-industrial forest landowners, family-held 
and

[[Page 35781]]

publicly-held industrial timber corporations, and some State lands. 
State lands managed by the WDNR west of the Cascade Crest are not 
subject to FFR as they are managed under their 1997 HCP with respect to 
bull trout. However, some provisions of FFR, such as road management 
and slope stability, will be voluntarily applied by WDNR on those west-
side lands. These rules do apply to WDNR lands east of the Cascade 
Crest and non-HCP private lands statewide, regardless of the presence 
of bull trout or salmon. Therefore, FFR includes benefits for many 
species in areas with no listed species. The FFR rules continue to 
apply so long as harvested land will be replanted and remain in 
forestry. Individual counties generally administer timber harvests 
associated with conversion of forested lands to agriculture or 
development, and all counties are expected to administer conversion 
harvests consistent with FFR by the year 2005.
    These State Forest Practices Rules allow for the development of 
alternate plans. It is anticipated that non-industrial forest 
landowners will seek alternate plans for several inter-related reasons: 
(1) Much of the non-industrial lands are located at lower elevations 
where a disproportionate amount of the streams contain fish; (2) 
streams are lower gradient and can be addressed with different 
buffering scenarios that provide equal or better protection while 
allowing additional management flexibility; and (3) many non-industrial 
forest landowners do not have additional lands in their portfolio which 
can be used to offset the economic effect to them from reserve areas 
covering high percentages of their ownerships. All alternate plans, 
whether developed in conjunction with an HCP or not, will be evaluated 
for the level of protection provided to the aquatic resources including 
bull trout. Alternate plans will be required to provide equal or better 
protection for these resources. If this can be accomplished on some 
lands and waters in a more-economical fashion, we expect landowners 
will attempt to avail themselves of these options.
    We assessed the adequacy of FFR as a plan to determine whether 
lands covered by it were in need of the special management or 
protection that would require a designation. For the reasons discussed 
above, bull trout will benefit from the implementation of FFR. FFR has 
already been adopted by the legislature and has been implemented for 
several years. Forest Practice Rules are monitored by the WDNR to 
ensure compliance by landowners and operators. Effectiveness is ensured 
through a cooperative adaptive-management process that includes 
collection of basic information regarding the covered species and their 
habitats, research, effectiveness monitoring, and regulatory feedback.
    For these reasons, we believe that FFR provides substantial 
protection and restoration for bull trout and bull trout habitat, and 
therefore, these areas do not meet the definition of critical habitat 
as they do not require special management consideration or protection. 
However, we also assessed the FFR area for exclusion pursuant to 
section 4(b)(2), and are proposing to exclude to exclude it under 
section 4(b)(2).

Relationship to Tribal Lands

    None of the Jarbidge River population is under Tribal jurisdiction. 
We evaluated Tribal lands in Montana to determine if they are essential 
to the conservation of the species. None of the Belly River headwaters 
is under Tribal jurisdiction. We have proposed critical habitat for 
portions of the Saint Mary River, the headwaters of Lee Creek, the 
lower reaches of Otatso Creek, Kennedy Creek, Boulder Creek, 
Swiftcurrent Creek, and Divide Creek, and in Lower Saint Mary Lake on 
the Blackfeet Reservation. A total of approximately 41.9 mi (67.4 km) 
of stream segments and approximately 2,189 ac (886 ha) of lakes on 
Tribal lands are included in our proposed critical habitat designation.
    Within the Coastal-Puget Sound population, we have proposed 
critical habitat for portions of the Nooksack River and Puget Sound 
nearshore adjacent to the Lummi Indian Reservation; portion of the 
Nooksack River adjacent to the Nooksack Indian Reservation; Swinomish 
Channel and portions of Puget Sound nearshore within or adjacent to the 
Swinomish Indian Reservation; portion of the Sauk River adjacent to the 
Sauk-Suiattle Indian Reservation; portions of the Snohomish River, and 
Puget Sound nearshore within or adjacent to the Tulalip Indian 
Reservation; portions of the White River within or adjacent to the 
Muckleshoot Indian Reservation; portions of the Puyallup River and 
Puget Sound nearshore within or adjacent to the Puyallup Indian 
Reservation; portions of the Nisqually River within or adjacent to the 
Nisqually Indian Reservation; portions of the Skokomish River, Nalley 
Slough, Skobob Creek, and Hood Canal nearshore within or adjacent to 
the Skokomish Indian Reservation; portions of the Dungeness River 
within or adjacent to the Jamestown S'Klallam Tribal lands; portions of 
the Elwha River and the Strait of Juan de Fuca nearshore within or 
adjacent to the Lower Elwha S'Klallam Indian Reservation; portions of 
the Hoh River and Pacific Coast nearshore within or adjacent to the Hoh 
Indian Reservation; portions or all of the Quinault River, Lake 
Quinault, Pacific Coast nearshore, Raft River, Queets River, Salmon 
River, Moclips River, Cook Creek, Elk within or adjacent to the 
Quinault Indian Reservation; and a portion of the Chehalis River within 
or adjacent to the Chehalis Indian Reservation.

Quinalt Indian Reservation

    The Quinault Indian Nation and the Bureau of Indian Affairs (BIA) 
recently developed a forest management plan (FMP) for the entire 
Quinault Indian Reservation. The FMP covers all forestland (about 
173,000 acres) under tribal and BIA timber management, including 
individually Indian owned trust and tribally owned land. Included in 
the area of the FMP are the lower Quinault River, the tributaries of 
the lower Quinault River, the lower Queets River, the Salmon River 
(including the Middle and South Fork Salmon Rivers), portions of the 
Raft River, and portions of the Moclips River. The FMP is a 10-year 
plan covering the period from October 2002 through September 2012. The 
FMP is being implemented by the Quinault Department of Natural 
Resources and the BIA Taholah Field Office. Many types of projects 
could occur under the FMP. These include timber harvest, road 
construction, fuels management, mineral pit management, cedar salvage, 
and adaptive management and monitoring plan development and use.
    In 2003, we completed the bull trout consultation on the FMP (minus 
the North Boundary Area) and rendered a no jeopardy biological opinion 
on the Plan (USDI 2003). Although the upper Quinault Reservation (North 
Boundary Area) was not included as part of the biological opinion, 
provisions of the FMP will apply to the North Boundary Area. 
Consultation on timber management of the North Boundary Area occurred 
separately and also concluded with a no jeopardy biological opinion for 
bull trout (USDI 2000). Both biological opinions contain reasonable and 
prudent measures, with their implementing terms and conditions, which 
are designed to minimize impacts to bull trout that might otherwise 
result from the FMP.
    Based on our analysis of the FMP and the North Boundary Area, as 
described in the two biological opinions, we have determined that 
forest management on

[[Page 35782]]

Quinault Reservation lands, with the terms and conditions from the 
biological opinions, provides a sufficient level of protection and 
certainty of implementation such that additional special management 
consideration or protection is not required. Therefore, we are 
proposing to exclude 161 km (100 mi) of streams within the reservation 
from the final designation of critical habitat for the bull trout 
pursuant to section 4(b)(2) of the Act. We are proposing to exclude all 
or portions of the following streams: Quinault River, Pacific Coast 
nearshore, Raft River, Queets River, Salmon River, Harlow Creek, 
Moclips River, North Fork Moclips River, Mounts Creek, Joe Creek, Cook 
Creek, Elk Creek, Red Creek, (lower) Boulder Creek, Ten O'Clock Creek, 
Prairie Creek, McCalla Creek, and (upper) Boulder Creek. In some cases, 
a stream segment proposed for exclusion has non-Tribal land ownership 
on one shore and, therefore, that segment of shore would not be managed 
as part of the Quinault FMP. However, for the above identified streams, 
except the Raft River, the majority of ownership is on Quinault 
reservation lands and is covered in the FMP; therefore we are proposing 
to exclude these streams from critical habitat for the bull trout. For 
the Raft River, where the majority of ownership is non-Tribal, we will 
be excluding only those segments of the Raft River that have Tribal 
ownership on both shores. On Lake Quinault only a small segment of the 
shoreline is covered by the FMP, and we are including Lake Quinault in 
our proposed designation of critical habitat.
    The benefits of including Quinault reservation lands, with their 
approved FMP that provides measures to help protect the needs of bull 
trout, as critical habitat are small. The principal benefit of any 
designated critical habitat is that activities that may affect such 
habitat require consultation under section 7 of the Act if such action 
involves a Federal nexus. Where an approved management plan is in 
place, our experience indicates that this benefit is small or non-
existent.
    The benefits of excluding Tribal lands having approved resource 
management plans from being designated as critical habitat include 
relieving the Tribe from additional regulatory review and costs that 
result from such designation and promoting the conservation efforts and 
partnerships and encourage Tribes to develop species and habitat 
management plans. In general, we believe the benefits of critical 
habitat designation in areas covered by approved Tribal resource 
managements would be small while that the benefits of excluding the 
area covered by the Quinalt FMP are greater. Therefore, we are 
proposing to exclude areas covered by the Quinalt FMP from the 
designation of final critical habitat for the bull trout.

Proposed Critical Habitat Designation

    Within the geographical areas presently known to be occupied by the 
Jarbidge River, Coastal-Puget Sound, and Saint Mary-Belly River 
populations, we are proposing to designate only areas currently known 
to be essential to the conservation of bull trout. These areas already 
contain features and habitat characteristics that are necessary to 
sustain the species. We are designating areas that currently have one 
or more of the primary constituent elements that provide essential 
life-cycle requisites of the species, as defined at 50 CFR 424.12(b). 
Moreover, certain areas with known occurrences of bull trout have not 
been designated as critical habitat. We did not designate critical 
habitat for some occurrences or habitats that are in highly fragmented 
areas or no longer have hydrologic conditions that are sufficient to 
maintain bull trout habitat. We do not believe, based on the best 
available scientific information, that these areas are essential to the 
conservation of the species.
    The proposed critical habitat areas described below constitute our 
best assessment at this time of the stream reaches and lakes that are 
essential to the conservation of the Jarbidge River, Coastal-Puget 
Sound, and Saint Mary-Belly River bull trout populations. We are 
designating approximately 131 mi (211 km) of streams in Idaho and 
Nevada for the Jarbidge River population, and 2,290 mi (3,685 km) of 
streams, 52,540 ac (21,262 ha) of lakes, and 985 mi (1,585 km) of 
marine shoreline in Washington for the Coastal-Puget Sound population. 
For the Saint Mary-Belly River population, the critical habitat 
designation totals approximately 88 mi (142 km) of streams and 6,295 ac 
(2,548 ha) of lakes in Montana.
    The lateral extent of critical habitat, for each designated stream 
reach, is the width of the stream channel as defined by its bankfull 
elevation. Bankfull elevation is the level at which water begins to 
leave the channel and move into the floodplain (Rosgen 1996) and is 
reached at a discharge which generally has a recurrence interval of 1 
to 2 years on the annual flood series (Leopold et al. 1992). Critical 
habitat extends from the bankfull elevation on one side of the stream 
channel to the bankfull elevation on the opposite side. If bankfull 
elevation is not evident on either bank, the ordinary high-water line, 
as defined by the U.S. Army Corps of Engineers (Corps) in 33 CFR 
329.11, shall be used to determine the lateral extent of critical 
habitat. Adjacent floodplains are not designated as critical habitat. 
However, it should be recognized that the quality of aquatic habitat 
within stream channels is intrinsically related to the character of the 
floodplains and associated riparian zones, and human activities that 
occur outside the river channels can have demonstrable effects on 
physical and biological features of the aquatic environment. In 
addition, human activities that occur within or adjacent to streams or 
stream reaches that flow into critical habitat can also have 
demonstrable effects on physical and biological features of designated 
reaches. The lateral extent of lakes and reservoirs is defined by the 
perimeter of the water body as mapped on standard 1:24,000 scale maps 
(comparable to the scale of a 7.5 minute U.S. Geological Survey 
Quadrangle topographic map). A brief discussion of each area designated 
as critical habitat is provided in the unit descriptions below. 
Additional detailed documentation concerning the essential nature of 
these areas is contained in our supporting record for this rulemaking.
    The inshore extent of critical habitat for marine nearshore areas 
is the mean higher high-water (MHHW) line, including tidally influenced 
freshwater heads of estuaries. This refers to the average of all the 
higher high-water heights of the two daily tidal levels. Adjacent 
shoreline riparian areas, bluffs, and uplands are not proposed as 
critical habitat. However, it should be recognized that the quality of 
marine habitat along shorelines is intrinsically related to the 
character of these adjacent features, and human activities that occur 
outside of the MHHW can have major effects on physical and biological 
features of the marine environment. The offshore extent of critical 
habitat for marine nearshore areas is based on the extent of the photic 
zone, which is the layer of water in which organisms are exposed to 
light. Proposed critical habitat extends offshore to the depth of 33 
feet (ft) (10 meters (m)) relative to mean lower low water (MLLW; 
average of all the lower low-water heights of the two daily tidal 
levels). This equates to the average depth of the photic zone, and is 
consistent with the offshore extent of the nearshore habitat identified 
under the Puget Sound Nearshore Ecosystem Restoration Project (Corps 
and WDFW 2001). This area between MHHW and minus 10 MLLW is considered 
the habitat most consistently used by bull trout in marine waters based 
on known use,

[[Page 35783]]

forage fish availability, and ongoing migration studies (Kramer 1994; 
Frederick Goetz, Corps, in litt. 2003), and captures geological and 
ecological processes important to maintaining these habitats. This area 
contains essential foraging habitat and migration corridors such as 
estuaries, bays, inlets, shallow subtidal areas, and intertidal flats.
    The types and approximate percentages of land ownership adjacent to 
proposed critical habitat in aquatic areas are shown for the Jarbidge 
River population in Table 1, in Table 2 for the Coastal-Puget Sound 
population, and in Table 3 for the Saint Mary-Belly River population.

Table 1.--Approximate Linear Quantity of Proposed Critical Habitat of Streams (Miles (mi) (Kilometers (km)), and
                     Adjacent Land Ownership Percentages for the Jarbidge River Population.
----------------------------------------------------------------------------------------------------------------
                                                              Federal       Tribal        State        Private
               State                       Streams           (percent)    (percent)     (percent)     (percent)
----------------------------------------------------------------------------------------------------------------
Nevada............................  93 mi (150 km).......          91.7            0           0             8.3
Idaho.............................  38 mi (61.6 km)......          92.4            0           6.1           1.5
                                   ------------------------
    Total.........................  131 mi (211 km)......          92              0           3             5
----------------------------------------------------------------------------------------------------------------


 Table 2.--Approximate Linear Quantity of Proposed Critical Habitat of Streams (Miles (mi) (Kilometers (km)), Adjacent Shoreline (mi (km)), and Surface
   Area of Lakes (Acres (ac) (Hectares (ha)), and Adjacent Land Ownership Percentages for the Coastal-Puget Sound River Population by Critical Habitat
                Subunits (CHSU) in Washington, Including Subtotals for Unit 27: Olympic Peninsular River Basins, and Unit 28: Puget Sound
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                      Marine shoreline                                                  Federal       Tribal       State       Private
               CHSU                         (mi)              Streams  (mi)          Lakes  (ac)       (percent)    (percent)    (percent)    (percent)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Skokomish.........................  0...................  60 mi (96.5 km).....  4,007 ac 1,622 ( ha)           54            3            4           39
Dungeness.........................  0...................  30 mi (48 km).......  0...................           59           <1            7           33
Elwha.............................  0...................  55 mi (88.5 km).....  746 ac (302 ha).....           84           <2            6            8
Hoh...............................  0...................  89 mi (143 km)......  0...................           41           <1           14           45
Queets............................  0...................  139 mi (224 km).....  0...................           56           14           18           11
Quinault..........................  0...................  91 mi (146 km)......  3,565 ac (1,443 ha).           60           40            0            0
Hood Canal........................  106 mi (170.5 km)...  0...................  0...................            0            6            8           86
Strait of Juan de Fuca............  130 mi (209 km).....  20 mi (32 km).......  0...................            9            0            6           84
Pacific Coast.....................  94 mi (151 km)......  64 mi (103 km)......  0...................           10           <1            8           82
Chehalis..........................  89 mi...............  216 mi..............  0...................            3            0            1           96
River/Grays Harbor................  (143 km)............  (347.5 km)..........
    Subtotal: Unit 27.............  419 mi (674 km).....  764 mi (1,229 km)...  8,318 ac (3,366 ha).           38            7            7           48
Chilliwack........................  0...................  29 mi (47 km).......  0...................           65            0            0           35
Nooksack..........................  0...................  187 mi (301 km).....  0...................           18            1           11           69
Lower Skagit......................  0...................  414 mi (666 km).....  7,024 ac (2,842 ha).           47            0            5           48
Upper Skagit......................  0...................  84 mi (135 km)......  12,276 ac (4,968 ha)           86            0            0           14
Stillaguamish.....................  0...................  181 mi (291 km).....  0...................           23            0           10           66
Snohomish/Skykomish...............  0...................  254 mi (409 km).....  0...................           20            1            7           72
Chester Lake......................  0...................  16 mi (26 km).......  1,971 ac (798 ha)...            0            0            0          100
Puyallup..........................  0...................  235 mi (378 km).....  0...................           33            4            2           61
Samish............................  0...................  24 mi (39 km).......  0...................            0            0            0          100
Lake Washington...................  0...................  0...................  22,951 ac (9,288 ha)            1            0            3           96
Lower Green.......................  0...................  62 mi (100 km)......  0...................            0            0           18           82
Lower Nisqually...................  0...................  40 mi (64 km).......  0...................           33           13            0           54
Puget Sound Marine................  566 mi (911 km).....  0...................  0...................            3           15            6           76
                                   -----------------------
    Subtotal: Unit 28 0...........  566 mi (911 km).....  1,526 mi (2,455 km).  44,222 ac (17,910              25            3            5           67
                                                                                 ha).
                                   -----------------------
    Total for both units..........  985 mi (1,585 km)...  2,290 mi (3,685 km).  52,540 ac (21,262              32            5            6           57
                                                                                 ha).
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 35784]]


  Table 3.--Approximate Linear Quantity of Proposed Critical Habitat of Streams (Miles (mi) (Kilometers (km)) and Surface Area of Lakes (in Acres (ac)
                           (Hectares (ha)), and Adjacent Land Ownership Percentages for the Saint Mary-Belly River Population
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                        Federal       Tribal       State       Private
                  State                               Streams                       Lakes              (percent)    (percent)    (percent)    (percent)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Montana..................................  88 mi (142 km)..............  6,295 ac (2,548 ha)........           45           45            0           10
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Critical habitat includes bull trout habitat across the species' 
range in Idaho, Montana, Nevada, and Washington. Lands adjacent to 
designated critical habitat are under private, State, Tribal, and 
Federal ownership, with Federal lands including lands managed by the 
USFS and Bureau of Land Management (BLM). Three critical habitat units 
have been delineated. The areas we are designating as critical habitat, 
described below, constitute our best assessment of areas essential to 
the conservation of the Jarbidge River, Coastal-Puget Sound, and Saint 
Mary-Belly River populations of bull trout.
    These critical habitat units correspond to recovery units 
identified in the Draft Recovery Plan (Service 2002, 2004). Brief 
descriptions of each unit, the critical habitat subunits (CHSUs) within 
them, and the specific areas designated as critical habitat, are 
presented below.
    The streams, lakes, and marine shoreline indicated below are 
generally described from the bottom to the top of a watershed within a 
critical habitat unit or subunit. For example, river or stream ``A'' 
would be described from its mouth up to the first major tributary 
(stream ``B'') that is also being designated as critical habitat. At 
that point, tributary stream ``B'' and any of its associated 
tributaries that are also being designated would be described, again 
from the mouth of stream ``B'' upstream to either the next tributary 
being designated or to the limit of critical habitat within stream 
``B.'' Once this description is complete, the text again reverts to 
river/stream ``A'' and continues upstream, either to the next tributary 
being designated (e.g., stream ``C'') or to the upstream limit of 
critical habitat in stream ``A''. This provides a ``roadmap'' that 
enables the reader to appreciate the extent of the proposal in a 
particular watershed or stream system, as well as to have the ability 
to work their way up from a landmark more likely to be familiar to 
locate a particular, generally more obscure, tributary in the upper 
watershed. Together with the maps included with this proposed rule, 
readers should be able to easily locate where a stream of interest that 
is being designated as bull trout critical habitat occurs on the 
landscape.
    The legal descriptions provided in the regulatory portion of this 
proposed rule (see Regulation Promulgation section) correspond to the 
critical habitat units and subunits described below. However, the legal 
descriptions of individual streams and lakes within each subunit 
paragraph are arranged in alphabetical order by stream or lake name 
within a paragraph.

Unit 26: Jarbidge River Unit

    The Jarbidge River Unit encompasses the Jarbidge and Bruneau River 
Basins, which drain into the Snake River within C.J. Strike Reservoir 
upstream of Grand View, Idaho. The Jarbidge River Unit is located 
within Owyhee County in southwestern Idaho and Elko County in 
northeastern Nevada.
    The Jarbidge River Unit includes a total of approximately 131 mi 
(211 km) of streams proposed as critical habitat. Approximate 
percentages of land ownership associated with the streams proposed for 
designation are 92.4 percent Federal, 1.5 percent private, and 6.1 
percent State in Idaho, and 91.7 percent Federal and 8.3 percent 
private in Nevada. The Jarbidge River Unit contains six local 
populations of resident and migratory bull trout. These stream segments 
and reservoirs provide either FMO habitat, or provide spawning and 
rearing habitat. These habitats are essential to the long-term 
conservation of the Jarbidge River population as they will help 
maintain populations and the migratory life-history form essential to 
the species' long-term conservation, and also provide habitat necessary 
for the recovered distribution of bull trout (Service 2004). The stream 
segments that make up the Jarbidge Unit are described below.
    (A) Jarbidge River from the confluence with the Bruneau River 
approximately 29.4 mi (47.3 km) upstream to the joint confluence of the 
East and West Forks of the Jarbidge River. The mainstem Jarbidge River 
provides FMO habitat; the downstream extent of current use is unknown.
    (B) West Fork of the Jarbidge River (also termed Jarbidge River) 
from the confluence with the East Fork of the Jarbidge River 
approximately 20.9 mi (33.6 km) upstream to the perennial headwaters. 
The lower West Fork of the Jarbidge River provides FMO habitat between 
the confluence with the East Fork and the confluence with Snowslide 
Gulch. Spawning and rearing habitat for the West Fork Jarbidge River 
local population and migratory bull trout currently are located 
upstream of Snowslide Gulch in the headwaters. Unnamed western 
headwater tributary from the confluence with the West Fork of the 
Jarbidge River approximately 0.9 mi (1.4 km) upstream to the perennial 
headwaters. The unnamed western headwater tributary provides additional 
spawning and rearing habitat for the West Fork Jarbidge River local 
population. Sawmill Creek, from the confluence with the West Fork of 
the Jarbidge River approximately 0.8 mi (1.3 km) upstream to the 
perennial headwaters, provides spawning and rearing habitat for the 
West Fork Jarbidge River local population.
    (C) Deer Creek from the confluence with the West Fork of the 
Jarbidge River approximately 6.5 mi (10.4 km) upstream to the perennial 
headwaters. Deer Creek provides foraging habitat and a cool refuge from 
elevated temperatures in the lower West Fork of the Jarbidge River for 
migratory bull trout, but the extent and frequency of current occupancy 
is unknown. Deer Creek may also provide spawning and rearing habitat 
under recovered conditions.
    (D) Jack Creek from the confluence with the West Fork of the 
Jarbidge River approximately 5.2 mi (8.4 km) upstream to the perennial 
headwaters. Lower Jack Creek provides FMO habitat necessary to maintain 
connectivity among local populations in the Jarbidge River population. 
Jack Creek provides spawning and rearing habitat upstream of the 
confluence with Jenny Creek.
    (E) Pine Creek (also termed West Fork Pine Creek) from the 
confluence with the West Fork of the Jarbidge River approximately 4.5 
mi (7.2 km) upstream to perennial headwaters. Unnamed western tributary 
from the confluence of Pine Creek approximately 1.0 mi (1.6 km) 
upstream to the perennial

[[Page 35785]]

headwaters. Unnamed eastern headwater tributary from the confluence of 
Pine Creek approximately 1.5 mi (2.4 km) upstream to the perennial 
headwaters. Pine Creek and its tributaries provide spawning and rearing 
habitat for the Pine Creek local population and migratory bull trout 
from the West Fork of the Jarbidge River.
    (F) East Fork of the Jarbidge River from the confluence with the 
West Fork of the Jarbidge River approximately 23.1 mi (37.2 km) 
upstream to perennial headwaters. The lower East Fork of the Jarbidge 
River provides FMO habitat from the confluence with the West Fork 
upstream to the confluence of Fall Creek and provides connectivity for 
local populations. Spawning and rearing habitat is located upstream of 
Fall Creek in the headwaters. Unnamed western headwater tributary from 
the confluence with the East Fork of the Jarbidge River approximately 
2.2 mi (3.5 km) upstream to the perennial headwaters. The unnamed 
western headwater tributary provides additional spawning and rearing 
habitat. Fall Creek from the confluence with the East Fork of the 
Jarbidge River approximately 4.3 mi (6.9 km) upstream to the perennial 
headwaters. Unnamed lower western tributary from the confluence with 
Fall Creek approximately 2.2 mi (3.5 km) upstream to the perennial 
headwaters. Unnamed upper western tributary from the confluence with 
Fall Creek upstream approximately 1.8 mi (2.9 km) to the perennial 
headwaters. Fall Creek and its tributaries provide spawning and rearing 
habitat for the East Fork Jarbidge River local population. Cougar 
Creek, from the confluence with the East Fork of the Jarbidge River 
approximately 4.2 mi (6.8 km) upstream to the perennial headwaters, 
provides spawning and rearing habitat for resident and possibly 
migratory bull trout from the East Fork of the Jarbidge River.
    (G) Dave Creek from the confluence with the East Fork of the 
Jarbidge River approximately 9.9 mi (15.9 km) upstream to the perennial 
headwaters. Dave Creek provides FMO habitat in the lower reach and 
provides connectivity among local populations in the Jarbidge River 
population. Spawning and rearing habitat for the Dave Creek local 
population is present in the upper reach. Upper Dave Creek also likely 
provides spawning and rearing habitat for migratory bull trout from the 
East Fork of the Jarbidge River.
    (H) The following reaches provide spawning and rearing habitat for 
the Slide Creek local population and possibly migratory bull trout from 
the East Fork of the Jarbidge River upstream to their respective 
perennial headwaters: Slide Creek from the confluence with the East 
Fork of the Jarbidge River approximately 5.4 mi (8.7 km); God's Pocket 
Creek from the confluence with Slide Creek approximately 3.9 mi (6.3 
km); unnamed lower southern tributary from the confluence with Slide 
Creek approximately 1.6 mi (2.6 km); unnamed upper southern tributary 
from the confluence with Slide Creek approximately 1.8 mi (2.9 km); 
unnamed northern headwater tributary approximately 0.3 mi (0.5 km); 
unnamed eastern headwater tributary approximately 0.2 mi (0.3 km).

Unit 27: Olympic Peninsula River Basins

    The Olympic Peninsula Unit is located in northwestern Washington. 
Bull trout populations inhabiting the Olympic Peninsular comprise the 
coastal component of the Coastal-Puget Sound population. The unit 
includes approximately 764 mi (1,229 km) of stream, 8,318 ac (3,366 ha) 
of lakes, and 419 mi (674 km) of marine shoreline proposed for 
designation as critical habitat for bull trout. This unit covers an 
area approximately 6.5 million ac (2.6 million ha), and is bordered by 
Hood Canal to the east, Strait of Juan de Fuca to the north, Pacific 
Ocean to the west and the Lower Columbia and Puget Sound Recovery Units 
to the south. It extends across portions of Grays Harbor, Clallam, 
Mason, Pacific, and Jefferson Counties. All of the major river basins 
initiate from the Olympic Mountains. The Olympic Peninsula Unit is 
divided into 10 critical habitat subunits (CHSUs). The Draft Recovery 
Plan (Service 2004) indicates the need to maintain these 10 local 
populations, to restore two identified potential local populations, and 
to maintain freshwater and marine FMO habitats within these CHSUs in 
order to provide for the recovered distribution, abundance, and 
productivity of bull trout. Although delta areas and small islands are 
difficult to map and may not be specifically identified by name, 
included within the critical habitat proposal are delta areas where 
streams form sloughs and braids, and the nearshore of small islands 
found within the proposed marine areas.

(i) Skokomish CHSU

    The North Fork Skokomish River and the South Fork Skokomish River 
headwaters originate in the Olympic Mountains and flow eastward to join 
at the Skokomish River, which then flows into the southernmost portion 
of Hood Canal. The North Fork Skokomish River flows through Lake 
Cushman and Lake Kokanee before meeting with the South Fork Skokomish 
River. Approximately 60 mi (96.5 km) of stream and 4,011 ac (1,623 ha) 
of lake are being proposed as critical habitat in the Skokomish basin. 
Land ownership along the stream reaches and lakes proposed for critical 
habitat is 54 percent Federal, 4 percent State, 39 percent private, and 
3 percent Tribal (3.0 mi (4.8 km) within the Skokomish Indian 
Reservation). The stream segments that make up the Skokomish CHSU are 
described below.
    (A) The Skokomish River from its confluence with Hood Canal 
upstream 8.6 mi (13.8 km) to the confluence with the North and South 
Forks Skokomish Rivers and extending upstream in the following 
tributaries: Nalley Slough 0.5 mi (0.8 km) to a natural barrier; Skobob 
Creek 2.2 mi (3.5 km) to a natural barrier; Purdy Creek 1.3 mi (2.1 km) 
to a natural barrier; and Rickert Springs 0.3 mi (0.5 km) to its 
headwaters. Bull trout have been documented throughout the Skokomish 
River, which provides FMO habitat including a migratory corridor from 
Hood Canal to the North and South Fork Skokomish Rivers. Skobob Creek, 
Purdy Creek, and Rickert Springs have had bull trout documented in 
recent years (Marty Ereth, Skokomish Tribe, in litt. 2003; Larry Ogg, 
USFS, in litt. 2003), and they provide foraging, overwintering, and 
seasonal subadult rearing habitat in the Skokomish River. Nalley Slough 
is part of the braided Skokomish River and provides connectivity to the 
Skokomish estuary (WDFW 2003).
    (B) The South Fork Skokomish River from its confluence with the 
Skokomish River upstream 25.0 mi (40.2 km) and extending upstream in 
the following tributaries: Brown Creek 5.3 mi (8.5 km); Lebar Creek 1.2 
mi (1.9 km); Pine Creek 0.7 mi (1.1 km); Church Creek 0.4 mi (0.6 km). 
Multiple age classes of bull trout have been observed in the 
amphidromous reaches of Brown, Lebar, and Pine Creeks. These creeks are 
used for juvenile rearing, foraging, and overwintering. Juvenile bull 
trout have been observed throughout the South Fork Skokomish River, and 
spawning has been documented in Church Creek and the upper South Fork 
Skokomish River (Ogg and Stutsman 2002). Brown Creek has suitable, 
accessible spawning habitat, and is identified as a potential local 
population necessary for recovery in the Skokomish core area.
    (C) North Fork Skokomish River from its confluence with the 
Skokomish River upstream 13.1 mi (21.1 km), ending at Lake Kokanee dam, 
and restarts again at the inlet to Lake Cushman, and including the area 
of inundation for

[[Page 35786]]

Lake Cushman (4,011 ac (1,623 ha)), and extending up the accessible 
reaches of the following tributaries: Elk Creek 0.8 mi (1.3 km); and 
Slate Creek 1.0 mi (1.6 km). Bull trout have been observed in the North 
Fork Skokomish River, which provides foraging and overwintering habitat 
and connectivity with the mainstem Skokomish River. Spawning has been 
documented in the upper North Fork Skokomish River, Elk Creek, and 
Slate Creek. Bull trout have been documented in Lake Cushman, but not 
in Lake Kokanee, which is located on the North Fork Skokomish River 
below Lake Cushman. Lake Kokanee is not being proposed as critical 
habitat, because implementation of the Federal Energy Regulatory 
Commission license for the Cushman project is expected to result in 
construction of trap-and-haul fish passage facilities (George Ging, 
Service, in litt. 2004). These facilities will restore connectivity 
between lower and upper North Fork Skokomish Rivers, but will bypass 
the inundated 2.3 mi (3.7 km) long Lake Kokanee section.

(ii) Dungeness River CHSU

    The Dungeness CHSU includes the Dungeness River, its primary 
tributary, the Gray Wolf, and associated tributaries. The Dungeness 
River is located in the northeastern portion of the Olympic Peninsula 
and flows from its headwaters in the Olympic Mountains to the Strait of 
Juan de Fuca. Approximately 30 mi (48 km) of stream is being proposed 
as critical habitat in the Dungeness River basin. Land ownership along 
the stream reaches proposed for critical habitat is 59 percent Federal, 
7 percent State, 33 percent private, and less than 1 percent Tribal 
(less than 1.0 mi (1.6 km) within Jamestown S'Klallam Tribal lands).
    (A) The Dungeness River from its confluence with the Strait of Juan 
de Fuca upstream 18.7 mi (30.1 km) to an impassable barrier and 
extending up the following tributaries to their headwaters or an 
impassable barrier: Hurd Creek 0.5 mi (0.8 km); Gray Wolf River 9.4 mi 
(15.1 km); and Gold Creek 1.6 mi (2.6 km). The Dungeness River and its 
tributaries provide foraging, overwintering, and rearing habitat. The 
Dungeness River also serves as a corridor for movement to the Strait of 
Juan de Fuca (L. Ogg, pers. comm. 2004). Spawning and rearing has been 
documented in the Gray Wolf River (Randy Cooper, WDFW, in litt. 2002). 
Bull trout have also been observed in Hurd Creek and Gold Creek.

(iii) Elwha CHSU

    The Elwha River originates on the south and east sides of Mount 
Olympus, flows south, and then turns northward before entering the 
Strait of Juan de Fuca. The Elwha Rivers flows through two reservoirs, 
Lake Mills and Lake Aldwell. Approximately 55 mi (88.5 km) of stream 
and 1,097 ac (444 ha) of lake are being proposed as critical habitat in 
the Elwha River basin. Land ownership along the stream reaches proposed 
for critical habitat is 84 percent Federal, 6 percent State, 8 percent 
private, and less than 2 percent Tribal (less than 1.0 mi (1.6 km) 
within Lower Elwha S'Klallam Tribal lands). The stream segments that 
make up the Elwha CHSU are described below.
    (A) The Elwha River from its confluence with the Strait of Juan de 
Fuca upstream 38.8 mi (62.4 km) to an impassable barrier, including the 
area of inundation for Lake Aldwell (302 ac (122 ha)) and Lake Mills 
(444 ac (180 ha)), and extending upstream in the following tributaries: 
Little River 7.4 mi (11.9 km); Hughes Creek 0.2 mi (0.3 km); Griff 
Creek 0.8 mi (1.3 km); Boulder Creek 0.5 mi (0.8 km); Cat Creek 3.1 mi 
(5.0 km); Prescott Creek 0.2 mi (0.3 km); Hayes Creek 1.5 mi (2.4 km); 
Godkin Creek 1.0 mi (1.6 km); Buckinghorse Creek 0.6 mi (1.0 km); and 
Delabarre Creek 0.8 mi (1.3 km). Multiple age classes have been 
documented throughout the Elwha River which provides FMO habitat. Lake 
Aldwell, Little River, Hughes Creek, Griff Creek, Lake Mills, Boulder 
Creek, Cat Creek, Prescott Creek, Hayes Creek, Godkin Creek, 
Buckinghorse Creek, and Delabarre Creek have documented bull trout use 
(Morrill and McHenry 1994; Brenkman and Meyer 2001). The mainstem Elwha 
River and tributaries above Lake Mills are presumed to provide primary 
spawning and rearing habitat in the Elwha CHSU. Bull trout in this area 
are considered a single local population (Olympic Peninsula Bull Trout 
Recovery Unit, in litt. 2003).
    The Elwha and Glines Canyon Dams are scheduled to be removed 
beginning in 2007, resulting in restoration of connectivity and 
anadromous salmonids, and increased abundance of bull trout. Because 
suitable spawning habitat is present, following dam removal, as 
abundance increases in the Elwha core area, it is expected that Little 
River will be used for spawning and rearing. Little River has been 
identified by the Olympic Peninsula Recovery Unit Team as a potential 
local population necessary for recovery in the Elwha core area. 
Following dam removal, it is expected that the bull trout amphidromous 
life-history form will be restored in the Elwha River, prey base will 
be increased as salmon re-colonize the river, and bull trout abundance 
will increase, resulting in greater use of accessible tributaries.

(iv) Hoh River CHSU

    The Hoh River flows westward from its headwaters in the Baily Range 
and the north slope of Mount Olympus to its confluence with the Pacific 
Ocean. Approximately 89 mi (143 km) of stream is being proposed as 
critical habitat in the Hoh River basin. Land ownership along the 
stream reaches proposed for critical habitat is 41 percent Federal, 14 
percent State, 45 percent private, and less than 1 percent Tribal (less 
than 1.0 mi (1.6 km) within Hoh Indian Reservation lands).
    (A) The Hoh River from its confluence with the Pacific Ocean 
upstream 50.1 mi (80.6 km) to an impassable barrier and extending 
upstream in the following tributaries to an impassable barrier or 
headwaters: Nolan Creek 7.9 mi (12.7 km); Winfield Creek 5.8 mi (9.3 
km); Owl Creek 3.9 mi (6.3 km); South Fork Hoh River 15.5 mi (24.9 km); 
Mount Tom Creek 5.0 mi (8.0 km); Cougar Creek 0.5 mi (0.8 km); OGS 
Creek 0.1 mi (0.2 km); and Hoh Creek 0.5 mi (0.8 km). Recent radio 
telemetry studies have documented bull trout throughout the Hoh River, 
which provides spawning, rearing, and FMO habitat. The Hoh River also 
serves as a migration corridor for bull trout moving to and from the 
Pacific Ocean. Spawning and juvenile rearing have been documented in 
the upper Hoh River and the South Fork Hoh River (Brenkman and Meyer 
1999). Bull trout have also been documented in Nolan Creek, Mt. Tom 
Creek, Cougar Creek, OGS Creek, and Hoh Creek, with historic use 
reported in Owl and Winfield Creeks (McLeod 1944). All of these streams 
are accessible to bull trout, are occupied by anadromous salmonids, and 
likely provide bull trout foraging or overwintering habitat in the Hoh 
River basin.

(v) Queets River CHSU

    The Queets River flows west from its headwaters in Mount Queets, 
Bear Pass, and Mount Barnes to its confluence with the Pacific Ocean. 
Major tributaries include the Sams and Clearwater Rivers. Approximately 
139 mi (224.0 km) of stream is being proposed as critical habitat in 
the Queets River basin. Land ownership along the stream reaches 
proposed for critical habitat is 56 percent Federal, 18 percent State, 
11 percent private, and 14 percent Tribal (approximately 20.0 mi (32.2 
km) on Quinault Indian Nation lands).

[[Page 35787]]

    (A) The Queets River from its confluence with the Pacific Ocean 
upstream 48.8 mi (78.5 km) to an impassable barrier and extending 
upstream in the following tributaries to an impassable barrier or 
headwaters: Clearwater River 36.8 mi (59.2 km); Salmon River 13.2 mi 
(21.2 km); Matheny Creek 17.7 mi (28.5 km); Sams River 9.5 mi (15.3 
km); and Tshletshy Creek 13.2 mi (21.2 km). The Queets River and its 
tributaries provide FMO and rearing habitat. The Queets River also 
serves as a migration corridor for bull trout moving to and from the 
Pacific Ocean. Bull trout spawning has been observed in the upper 
Queets River above the confluence with Tshletshy Creek (Gross 2002). 
Bull trout have been documented in the Clearwater, Salmon, and Sams 
Rivers, and Matheny Creek, with historic use reported in Tshletshy 
Creek (McLeod 1944). Bull trout surveys have not been conducted in 
these streams since human access is extremely difficult.

(vi) Quinault River CHSU

    The Quinault River originates in the Olympic Mountains and flows 
west to the Pacific Ocean. The Quinault CHSU includes the mainstem 
Quinault River, North Fork Quinault River, tributaries, and Lake 
Quinault. Approximately 91 mi (146 km) of stream and 3,570 ac (1,445 
ha) are being proposed as critical habitat in the Quinault River basin. 
Land ownership along the stream reaches and lake proposed for critical 
habitat is 60 percent Federal and 40 percent Tribal (approximately 35.0 
mi (56.3 km) are within Quinault Indian Nation lands).
    (A) The Quinault River from its confluence with the Pacific Ocean 
upstream 64.6 mi (103.9 km) to an impassable barrier, including the 
area of inundation for Lake Quinault (3,543 ac (1,434 ha)), and 
extending upstream in the following tributaries to an impassable 
barrier or headwaters: Cook Creek from its confluence with the Quinault 
River upstream 4.7 mi (7.6 km); O'Neil Creek 0.7 mi (1.1 km); Ignar 
Creek 0.2 mi (0.3 km); and Pyrites Creek 0.4 mi (0.6 km). The Quinault 
River and its tributaries provide FMO and rearing habitat. The Quinault 
River also serves as a migration corridor for bull trout moving to and 
from the Pacific Ocean. Multiple age classes have been observed in 
upper Quinault River, and it's likely that spawning occurs there and 
its accessible tributaries (Olympic National Park, in litt. 2001). Bull 
trout recently have been documented in Cook Creek, Lake Quinault, 
O'Neil Creek, Ignar Creek, and Pyrites Creek (Olympic National Park, in 
litt. 2001; Dave Zajac, Service, pers. comm. 2002; Scott Craig, 
Service, in litt. 2003; Mark Ostwald, Service, in litt. 2003).
    (B) The area of inundation for Irely Lake (27 ac (11 ha)), Irely 
Creek 0.1 mi (0.2 km); and Big Creek 7.0 mi (11.3). Bull trout recently 
have been documented in Irely Lake, with historic use reported in Big 
Creek (McLeod 1944; S. Brenkman, in litt. 2001). Irely Creek provides 
bull trout access to Irely Lake from Big Creek and the Quinault River.
    (C) North Fork Quinault River from its confluence with the Quinault 
River upstream 10.7 mi (17.2 km) to an impassable barrier, and its 
tributary, Rustler Creek, upstream 2.8 mi (4.5 km) to an impassable 
barrier (Olympic National Park, in litt. 2001). Multiple age classes of 
bull trout have been observed in the North Fork Quinault River and 
Rustler Creek.
    For the next four CHSUs, nearshore marine waters are essential for 
access to foraging habitat in watersheds that are not believed to have 
spawning populations. While in marine waters, bull trout appear to 
primarily occupy estuarine and nearshore habitats and feed on a variety 
of prey items, especially small marine fish such as herring, surf 
smelt, and sandlance (F. Goetz, in litt. 2003; Brenkman and Corbett 
2003). It is likely that these waters are also used as refuge from high 
flows in the natal rivers. Although the extent of bull trout use in 
these waters and their independent tributaries are not well known, 
information for Puget Sound and Pacific Ocean nearshore marine use 
indicates that bull trout with access to marine waters use them to 
access prey base in both marine and independent freshwater tributaries. 
Independent tributaries that flow directly to marine waters are not 
expected to provide spawning habitat, but do provide essential foraging 
and overwintering habitat for bull trout outside their natal 
watersheds. Nearshore marine habitat is also essential for connectivity 
to and between these independent tributaries. Although use of FMO 
habitat may be seasonal or brief, it is nonetheless a critical element 
for migratory bull trout to persist (Lohr et al. 2001). The current 
distribution data most likely under-represents the amount of occupied 
marine shoreline, due to the depressed status of these populations, the 
seasonal and temporal variability in migratory behavior, and the 
difficulty of sampling in large estuarine and marine environments 
(Pentec Environmental 2002). As bull trout in these CHSUs recover and 
increase in abundance, it is expected that FMO habitat use of marine 
waters will also increase.

(vii) Hood Canal CHSU

    The estuarine and nearshore marine waters of the southern and 
western boundaries of Hood Canal provide foraging and migration habitat 
for amphidromous bull trout outside of freshwater core areas. Land 
ownership along the nearshore marine habitat is 8 percent State, 86 
percent private, and 6 percent Tribal (approximately 6.0 mi (9.6 km) 
within Skokomish Indian Reservation lands).
    (A) Approximately 106 mi (171 km) of nearshore marine habitat on 
the southern and western borders of Hood Canal from an unnamed 
tributary south of Union River to the entrance to Fisherman's Harbor on 
the southern border of Toandos Peninsula is proposed as critical 
habitat. Amphidromous bull trout have been documented in estuaries and 
lower rivers of Hood Canal, including the Quilcene, Dosewallips, 
Duckabush, and Hamma Hamma Rivers on the western side of Hood Canal 
(Service 1913; McLeod 1944; Phil Hilgert, R2 Consulting, pers. comm. 
2000; John Meyer and Chuck Hamstreet, Service, in litt. 2001). It is 
unlikely that these rivers provide spawning habitat but they have 
abundant prey base and do provide essential foraging and overwintering 
habitats outside natal watersheds.

(viii) Strait of Juan de Fuca CHSU

    Approximately 130 mi (209 km) of nearshore marine habitat in the 
Strait of Juan de Fuca, and 20 mi (32 km) of independent streams 
draining into it are proposed as critical habitat. Land ownership along 
the stream reaches and nearshore proposed for critical habitat is 
approximately 9 percent Federal, 6 percent State, and 84 percent 
private.
    (A) Nearshore marine habitat on the southern boundary of the Strait 
of Juan de Fuca for 130.0 mi (209.2 km) from its eastern boundary at 
Cape George to its western boundary at Pillar Point; Bell Creek from 
its confluence with the Strait of Juan de Fuca upstream 3.8 mi (6.1 km) 
to a natural barrier; Siebert Creek from its confluence with the Strait 
of Juan de Fuca upstream 6.3 mi (10.1 km) to its confluence with 
``0175'' Creek (Phinney and Bucknell 1975); Morse Creek from its 
confluence with the Strait of Juan de Fuca upstream 4.9 mi (7.9 km) to 
a natural barrier; and Ennis Creek from its confluence with the Strait 
of Juan de Fuca upstream 5 mi (8 km) to a natural barrier. The 
estuarine and marine waters of the Strait of Juan de Fuca provide FMO 
habitat for amphidromous bull trout outside of

[[Page 35788]]

freshwater core areas. Bull trout have also been documented in Bell, 
Ennis, Morse, and Siebert Creeks (WDFW 1998; Joel Freudenthal, Clallam 
County, in litt. 2001; R. Cooper, in litt. 2003, indicating that they 
are used at least seasonally for foraging and overwintering. Use of 
these independent tributaries to the Strait of Juan de Fuca requires 
migration by bull trout from their natal rivers through the marine 
waters of the Strait of Juan de Fuca.
    Although the extent of bull trout use along the southern shoreline 
of the Strait of Juan de Fuca and its independent tributaries is not 
well known, information for Puget Sound and Pacific Ocean nearshore 
marine use indicates that bull trout appear to primarily occupy 
estuarine and nearshore habitats and feed on a variety of prey items 
(F. Goetz, in litt. 2003; S. Brenkman, in litt. 2003).

(ix) Pacific Coast CHSU

    Bull trout can be found throughout the eastern nearshore waters of 
the Pacific Ocean from Goodman Creek south to Grays Harbor. 
Approximately 94 mi (151 km) of nearshore marine habitat on the Pacific 
Coast, and 64 mi (103 km) of independent streams draining into the 
Pacific Ocean are proposed as critical habitat. Land ownership along 
the stream reaches proposed for critical habitat is 10 percent Federal, 
8 percent State, 82 percent private, and less than 1 percent Tribal 
(less than 1.0 mi (1.6 km) within Chehalis Tribe Reservation lands).
    (A) Nearshore marine habitat on the western coast of the Pacific 
Ocean for 93.8 mi (150.0 km) from its northern boundary at ``0089'' 
Creek (Phinney and Bucknell 1975) to its southern boundary at the mouth 
of Grays Harbor at the jetty on Point Brown; Goodman Creek from its 
confluence with the pacific Ocean upstream 10.9 mi (17.5 km) to its 
confluence with ``0413'' Creek (Phinney and Bucknell 1975); Mosquito 
Creek upstream from its confluence with the Pacific Ocean 6.9 mi (11.1 
km) to a natural barrier; Cedar Creek from its confluence with the 
Pacific Ocean 4.2 mi (6.8 km) to its headwaters; Steamboat Creek from 
its confluence with the Pacific Ocean 3.6 mi (5.8 km) to a natural 
barrier; Kalaloch Creek from its confluence with the Pacific Ocean 
upstream 3.9 mi (6.3 km) to its confluence with West Fork Kalaloch 
Creek; Raft River upstream from its confluence with the Pacific Ocean 
8.0 mi (12.9 km) to confluence with South Fork Raft River; Moclips 
River upstream from its confluence with the Pacific Ocean upstream 7.0 
mi (11.3 km) to a natural barrier; Joe Creek upstream from its 
confluence with the Pacific Ocean upstream 3.6 mi (5.8 km) to a natural 
barrier; and Copalis River upstream from its confluence with the 
Pacific Ocean upstream 15.9 mi (25.6 km) to a natural barrier. Recent 
observations have documented bull trout use in the following 
independent tributaries: Raft, Moclips, and Copalis Rivers, Goodman, 
Cedar, Kalaloch, and Joe Creek (WDFW 1998; B. Freymond, WDFW, in litt. 
2001; S. Brenkman, in litt. 2003; Scott Potter, Quinault Indian Nation, 
in litt. 2003; Steve Corbett, National Park Service, in litt. 2004). 
Although there are no recent surveys for bull trout in Mosquito Creek, 
historic use is documented in McLeod (1944).

(x) Chehalis River/Grays Harbor CHSU

    The Chehalis River flows west to it confluence with Grays Harbor. 
Bull trout have been documented throughout the Chehalis River 
downstream from Garrard Creek and in Grays Harbor. Bull trout do not 
appear at this time to spawn in the Grays Harbor/Chehalis River basin 
and these fish probably originate from core areas north of the basin 
(Jeanes et al. 2003). Approximately 89 mi (142.5 km) of nearshore 
marine habitat in Grays Harbor and 216 mi (347.5 km) of rivers draining 
into Grays Harbor are proposed as critical habitat. Land ownership 
along the nearshore and river reaches proposed for critical habitat is 
3 percent Federal, 1 percent State, and 96 percent private.
    (A) Nearshore marine habitat of Grays Harbor for 88.6 mi (142.5 km) 
from its mouth at the Pacific Ocean, north to jetty at Point Brown, 
south to jetty at Point Chehalis, including the extent of tidal 
influence, and east to the Chehalis River; Humptulips River from its 
confluence with Grays Harbor upstream 27.9 mi (44.9 km) to the 
confluence with East and West Forks Humptulips River; Wishkah River 
from its confluence with Grays Harbor upstream 33.8 mi (54.4 km) to a 
natural barrier. The estuarine and marine waters of the Grays Harbor 
provide FMO habitat for amphidromous bull trout outside of freshwater 
core areas. There are abundant prey fish and seasonally abundant smolts 
in the Grays Harbor nearshore marine habitat, which provide essential 
forage for bull trout. Although no bull trout had been observed in 
Grays Harbor since 1981, during 2002 beach seining surveys targeting 
bull trout, three fish were captured (Jeanes et al. 2003). Bull trout 
have been documented in the Wishkah and Humptulips Rivers (Keizer 1990; 
Nate Dachtler, WDFW, in litt. 2001; M. Ereth, in litt. 2002). Bull 
trout are not known to spawn in either the Wishkah or Humptulips River 
basins, and these fish likely originate from core areas north of Grays 
Harbor. These river provide bull trout foraging and overwintering 
habitat.
    (B) Chehalis River from its mouth at Grays Harbor upstream 47.0 mi 
(75.6 km) to its confluence with Garrard Creek, and Wynoochee River 
upstream 50.9 mi (81.9 km) to the Wynoochee Dam. The Chehalis River has 
both historic and recent documentation of bull trout (Brix 1974; Keizer 
1990; Simensted et al. 2001; Jeanes et al. 2003). Bull trout have also 
been documented in the Wynoochee River (Keizer 1990; T. Hooper, NOAA-
Fisheries, pers. comm. 2004). Bull trout have been observed entering 
these rivers following salmon and steelhead spawning runs and during 
smolt out-migrations. The Chehalis and Wynoochee Rivers provide FMO 
habitat and are accessible from the marine waters of Grays Harbor.
    (C) Satsop River upstream 6.3 mi (10.1 km) to the confluence with 
West Fork Satsop River; West Fork Satsop River upstream 37.4 mi (60.2 
km) to a natural barrier; and Canyon River upstream 13.1 mi (21.1 km) 
to a natural barrier. Although there are no recent observations of bull 
trout in the Satsop River, historically bull trout were regularly 
observed in the Satsop River, West Fork Satsop River and Canyon River 
(Keizer 1990; Jay Hunter, WDFW, in litt. 2001). These rivers are 
accessible from marine waters, and provide, at least seasonally, 
important foraging and overwintering habitat. Water temperatures are 
suitable for all bull trout life-history stages (L. Ogg, in litt. 
2003).

Unit 28: Puget Sound

    The Puget Sound Unit includes approximately 1,526 mi (2,455 km) of 
streams, and 44,222 ac (17,896 ha) of lakes, and 566 mi (911 km) of 
marine shoreline proposed for designation as critical habitat within 
the Puget Sound Recovery Unit. The unit covers an area of approximately 
8.4 million ac (3.4 million ha) and is bordered by the Cascade crest to 
the East, Puget Sound to the West, the Lower Columbia and Olympic 
Peninsula Recovery Units to the South, and the United States-Canada 
border to the North. It extends across Whatcom, Skagit, Snohomish, 
King, Pierce, Thurston, and Island Counties. The major river basins 
initiate from the Cascade Mountain Range, and flow west discharging 
into Puget Sound, with the exception of the Chilliwack River system, 
which flows northwest into British Columbia discharging into the Fraser 
River. The Puget Sound Unit is

[[Page 35789]]

divided into eight CHSUs. The Draft Recovery Plan (Service 2004) 
identifies the need to maintain the 57 local populations and five 
potential local populations, and the freshwater and marine FMO habitats 
within these CHSUs as they are essential for the recovered 
distribution, abundance, and productivity of bull trout, especially the 
amphidromous life-history form. The State of Washington has assigned 
all streams a stream catalog number. If an unnamed stream, or stream 
with no official U.S. Geological Survey name, is proposed for critical 
habitat with the Puget Sound Unit, the stream catalog number is 
provided for reference.

(i) Chilliwack CHSU

    The Chilliwack River system is a transboundary watershed flowing 
northwest into British Columbia, Canada, where it discharges into the 
Fraser River. The Chilliwack CHSU includes only those portions of this 
transboundary system that are within the United States. The Draft Bull 
Trout Recovery Plan (Service 2004) describes the Chilliwack core area 
as including portions of the Sumas River and Chilliwack River and its 
tributaries contained within the United States. A total of 
approximately 29 mi (47 km) of stream is proposed as critical habitat. 
Land ownership along the stream reaches proposed for critical habitat 
is 100 percent Federal.
    (A) The Chilliwack River from the U.S.-Canada border upstream 
approximately 11.7 mi (18.8 km) to the limit of accessible headwater 
habitat at the confluence with Copper Creek; and the following 
tributaries provide spawning and rearing habitat for the local 
population upstream from their mouths to natural barriers: Bear Creek 
0.3 mi (0.5 km); Indian Creek 1.0 mi (1.6 km); Brush Creek 0.3 mi (0.5 
km); and Easy Creek 0.5 mi (0.8 km). Spawning adults have been observed 
in the Chilliwack River, and juveniles have been observed in Bear, 
Brush, Indian, and Easy Creeks (Reed Glesne, in litt. 1993; Doyle et 
al. 2000).
    Little Chiliwack River upstream approximately 4.0 mi (6.4 km) to 
its headwaters, and provide spawning and rearing habitat for migratory 
bull trout in the local population (Service 2004). Juvenile bull trout 
were observed in the mid-1970s during the last survey of this stream 
(R. Glesne, in litt. 1993). This stream is within North Cascades 
National Park, so habitat remains essentially in pristine condition.
    (B) Depot Creek from the U.S.-Canada border upstream 1.7 mi (2.7 
km) to the limit of accessible headwater habitat provides spawning and 
rearing habitat for migratory bull trout in the local population 
(Service 2004). Bull trout spawning and rearing has been recorded 
within stream reaches in British Columbia, with accessible habitat 
extending to the border (M.A. Whelen and Associates and The Steelhead 
Society Habitat Restoration Corporation (TSSHRC) 1996). No surveys have 
been conducted in accessible stream reaches located within the United 
States upstream from the border.
    (C) Silesia Creek from the U.S.-Canada border upstream 
approximately 9.5 mi (15.3 km) to the limit of accessible headwater 
habitat provides spawning and rearing habitat for migratory bull trout 
in the local population (Service 2004). Bull trout spawning and rearing 
has been recorded within stream reaches in British Columbia, with 
accessible habitat extending to the border (M.A. Whelen and Associates 
and TSSHRC 1996). No surveys have been conducted in accessible stream 
reaches located within the United States upstream from the border.

(ii) Nooksack CHSU

    The Nooksack CHSU is located on the western slopes of the Cascade 
Mountains. The Nooksack River system flows west from the Cascade 
Mountain Range towards Puget Sound, discharging into Bellingham Bay. A 
total of approximately 187 mi (301 km) of stream is proposed as 
critical habitat. Land ownership along the stream reaches proposed for 
critical habitat is approximately 22 percent Federal, 11 percent State, 
less than 1 percent Tribal, and 67 percent private.
    (A) The Nooksack River from its mouth at Puget Sound upstream 
approximately 39.6 mi (63.7 km) to the confluence of the North and 
Middle Forks of the Nooksack River, including associated sloughs, 
provides foraging and overwintering habitat, as well as an essential 
migratory corridor for amphidromous bull trout. Bull trout have been 
documented throughout the mainstem Nooksack River (WDFW 1998; Ned 
Currence, Lummi Nation, in litt. 2003; Treva Coe, Nooksack Tribe, in 
litt. 2003). Its tributary, Smith Creek, from its mouth upstream 2.7 mi 
(4.3 km) to the mouth of McCauley Creek provides FMO habitat. Subadult 
bull trout have been captured in Smith Creek.
    (B) North Fork Nooksack River from its confluence with the Middle 
Fork Nooksack River upstream approximately 24.6 mi (39.6 km) to 
Nooksack Falls provides spawning and rearing habitat upstream of its 
confluence with Canyon Creek, and combined rearing and FMO habitat in 
its reaches downstream of Canyon Creek (WDFW 1998; Darren Sahlfeld, 
pers. comm. 2003; Ned Currence, Nooksack Tribe, in litt. 2003). 
Racehorse Creek upstream 1.1 mi (1.8 km) to a falls; and Kendall Creek 
upstream 2.7 mi (4.3 km) to the outlet of a wetland provide accessible 
FMO habitat. Bull trout have been documented in both Racehorse and 
Kendall Creeks.
    The following tributaries provide accessible spawning and rearing 
habitat for the Lower North Fork Nooksack River and Canyon Creek local 
populations, from their mouths upstream to a natural barrier: Maple 
Creek 1.4 mi (2.2 km); Boulder Creek 1.3 mi (2.1 km); unnamed tributary 
(stream catalog 0425) 0.5 mi (0.8 km); McDonald Creek (stream 
catalog 0435) 0.9 mi (1.4 km); Wildcat Creek 1.0 mi (1.6 km); 
and Canyon Creek approximately 3.1 mi (5.0 km) to barrier falls. Bull 
trout have been documented in Maple, Boulder, McDonald, Wildcat, and 
Canyon Creeks.
    The following tributaries provide spawning and rearing habitat for 
the Middle North Fork Nooksack River local population, from their 
mouths upstream to a natural barrier: Hedrick Creek 0.8 mi (1.3 km); 
Cornell Creek 1.0 mi (1.6 km); Gallop Creek 0.9 mi (1.4 km), and its 
tributary, Son of Gallop 0.4 mi (0.6 km). Bull trout have been 
documented in Hedrick, Gallop, and Son of Gallop Creeks. Cornell Creek 
is accessible from a known occupied stream, with historic use reported 
by Norgore and Anderson (1921). No recent surveys have been conducted 
to specifically detect bull trout.
    (C) The following tributaries provide spawning and rearing habitat 
for the Glacier Creek local population, from their mouths upstream to 
natural barriers or confluence: Glacier Creek approximately 6.9 mi 
(11.1 km) to the barrier at the confluence with Grouse Creek, and its 
tributaries, Little Creek approximately 0.7 mi (1.1 km); Davis Creek 
0.2 mi (0.3 km); Thompson Creek 2.1 mi (3.4 km); Deep Creek 0.2 mi (0.3 
km); unnamed tributary (stream catalog 0476) 0.3 mi (0.5 km); 
Coal Creek (upper) 0.2 mi (0.3 km); and Falls Creek 0.8 mi (1.3 km) to 
the confluence with Lookout Creek. Bull trout have been documented in 
Glacier, Little, Davis, Thompson, Coal, and Falls Creeks (Doug Huddle, 
in litt. 1995; WDFW and USFS, in litt. 2002). Deep Creek and stream 
0476 are also identified as occupied by bull trout (WDFW 
2002).
    (D) The following tributaries provide spawning and rearing habitat 
for the Upper North Fork Nooksack River local population, from their 
mouths upstream to natural barriers: Boyd Creek 0.4 mi (0.6 km); 
Cascade Creek 0.1 mi (0.2 km);

[[Page 35790]]

Deerhorn Creek 0.2 mi (0.3 km); Ditch Creek 0.2 mi (0.3 km); Chainup 
Creek 0.3 mi (0.5 km); Dead Horse Creek 0.3 mi (0.5 km); Powerhouse 
Creek 0.3 mi (0.5 km); and Wells Creek 1.5 mi (2.4 km). Bull trout have 
been documented in Boyd, Cascade, Deerhorn, Ditch, Chainup, Dead Horse, 
Powerhouse, and Wells Creeks (D. Huddle, in litt. 1995; WDFW and USFS, 
in litt. 2002).
    (E) Middle Fork Nooksack River from the confluence with the North 
Fork Nooksack River upstream approximately 17.7 mi (28.5 km) to a 
gradient barrier near its confluence with Ridley Creek provides 
spawning and rearing habitat upstream of Box Canyon (STS Heislers Creek 
Hydro 1994; James Lee, Whatcom County River and Flood Section Engineer, 
pers. comm. 2003), and combined spawning, rearing, and FMO habitat in 
its reaches downstream of Box Canyon (WDFW 1998; Paul Schlenger, Anchor 
Environmental, LLC, in litt. 2002). The following tributaries all 
provide combined spawning, rearing, and FMO habitat for the Lower 
Middle Fork Nooksack River local population, from their mouths upstream 
to natural barriers: Canyon Creek (Canyon Lake Creek) 1.9 mi (3.1 km); 
unnamed tributary (stream catalog 0347) 1.5 mi (2.4 km); 
unnamed tributary (stream catalog 0349) 0.9 mi (1.4 km) to its 
confluence with unnamed tributary; Porter Creek 0.9 mi (1.4 km); and 
Peat Bog Creek (stream catalog 0352) 1.0 mi (1.6 km) to a 
lower lake outlet.
    The following tributaries all provide spawning and rearing habitat 
for the Upper Middle Fork Nooksack River local population, from their 
mouths upstream to natural barriers: Clearwater Creek 4.5 mi (7.2 km); 
Galbraith Creek 0.4 mi (0.6 km); Sister Creek 1.0 mi (1.6 km); Warm 
Creek 0.5 mi (0.8 km); Wallace Creek 0.5 mi (0.8 km); Green Creek 0.5 
mi (0.8 km); and Rankin Creek 0.6 mi (1.0 km). Bull trout have been 
documented in Clearwater and Warm Creeks (Jim Johnston, WDFW, in litt. 
1999; FERC 2002). The other identified streams are accessible from a 
known occupied stream, with historic use reported in Galbraith Creek 
(Pautzke 1943), and Sister and Rankin Creeks (Norgore and Anderson 
1921), and Wallace Creek (C. Kraemer, pers. comm. 2002). No recent 
surveys have been conducted to specifically detect bull trout in these 
streams. Once improved fish passage at Bellingham Diversion (just 
upstream of Box Canyon) is completed, it is expected that amphidromous 
bull trout will be restored to the upper Middle Fork Nooksack River. As 
a result, the prey base will increase as salmon re-colonize the river, 
and bull trout abundance will increase, resulting in greater use of 
accessible tributaries.
    (F) South Fork Nooksack River from the confluence with the mainstem 
Nooksack River upstream approximately 40.0 (64.4 km) to headwaters 
provides spawning and rearing habitat upstream of Wanlick Creek (WDFW 
and USFS, in litt. 2002; Stan Zyskowski, National Park Service, pers. 
comm. 2003), and combined spawning, rearing, and FMO habitat in its 
reaches downstream of Wanlick Creek (WDFW, in litt. 1994). The 
following tributaries provide spawning and rearing habitat, and 
additional FMO habitat for the Lower and Upper South Fork Nooksack 
River local populations, from their mouths upstream to natural 
barriers: Hutchinson Creek 6.0 mi (9.6 km); Skookum Creek 2.2 mi (3.5 
km); Cavanaugh Creek 0.6 mi (1.0 km) barrier; Deer Creek 0.6 mi (1.0 
km); Howard Creek 0.8 mi (1.3 km); Bear Lake Outlet (stream catalog 
0317) 0.2 mi (0.3 km); Bell Creek 0.3 mi (0.5 km); and Elbow 
Creek/Lake Doreen Outlet (stream catalog  0331) 1.7 mi (2.7 
km) to headwaters. Bull trout have been documented in Hutchinson, 
Skookum, Cavanaugh, Deer, and Bear Lake Outlet Creeks. Howard Creek is 
also identified as occupied by bull trout (WDFW 2002). The other 
identified streams are accessible from a known occupied stream, with 
historic use reported in Bell Creek and Elbow Creek/Lake Doreen Outlet 
(Norgore and Anderson 1921), and Edfro Creek (C. Kraemer, pers. comm. 
2002). No recent surveys have been conducted to specifically detect 
bull trout, but water temperature data indicate habitat is optimal for 
spawning and rearing in most of these streams (Watershed Sciences LLC 
2002).
    (G) Wanlick Creek from the mouth upstream 4.5 mi (7.2 km) to the 
headwaters, and its tributaries; Monument Creek (stream catalog 
0324) upstream 0.5 mi (0.8 km) to a natural barrier; and 
Loomis Creek upstream 1.0 mi (1.6 km) to its headwaters provide 
spawning and rearing habitat for the local population. Bull trout have 
been documented in Wanlick, Monument, and Loomis Creeks (Ecotrust, in 
litt. 2002; S. Zyskowski, pers comm. 2003).

(iii) Lower Skagit CHSU

    The Lower Skagit CHSU is located on the western slopes of the 
Cascade Mountains. The Skagit River system initiates from British 
Columbia, Canada, and flows southwest into Ross Lake, a transboundary 
reservoir formed by Ross Dam. Immediately below Ross Dam is Diablo 
Lake, another reservoir formed behind Diablo Dam. The Skagit River 
flows through one more reservoir (Gorge Lake) formed by Gorge Dam, and 
then continues west discharging into Skagit Bay of Puget Sound. The 
Lower Skagit CHSU includes the mainstem, its major forks, lakes/
reservoirs, and associated tributaries downstream of Diablo Dam. A 
total of approximately 414 mi (666 km) of stream and 7,024 ac (2,842 
ha) of lake surface area in three lakes is proposed as critical 
habitat. Land ownership along the stream reaches and lakes proposed for 
critical habitat is 49 percent Federal, 4 percent State, and 47 percent 
private.
    (A) The Skagit River from its mouth at Puget Sound upstream 
approximately 88.4 mi (142.2 km) to Diablo Dam including the North (6.4 
mi (10.3 km)) and South (7.7 mi (12.4 km)) Forks of the Skagit River 
and associated sloughs connected to these forks and Puget Sound (e.g., 
Freshwater Slough, Brandstedt Slough, Dry Slough) provide foraging and 
overwintering habitat, as well as an essential migratory corridor for 
amphidromous bull trout. Rearing habitat occurs upstream of the 
confluence with the Sauk River. The following tributaries provide FMO 
habitat outside of local populations for the Lower Skagit core area, 
from their mouths upstream to a natural or manmade barrier, or 
confluence: Nookachamps Creek 11.9 mi (19.1 km) to the confluence of 
its unnamed tributary (stream catalog 0261); Day Creek 6.7 mi 
(10.8 km); Jones Creek 1.6 mi (2.6 km); Alder Creek 2.4 mi (3.9 km) to 
the confluence of its unnamed tributary (stream catalog 0360); 
Grandy Creek 5.7 mi (9.2 km) to the outlet of Grandy Lake; Finney Creek 
12.1 mi (19.5 km); Jackman Creek 1.4 mi (2.2 km); Rocky Creek 
approximately 0.7 mi (1.1 km); Corkindale Creek 1.0 mi (1.6 km); 
Diobsud Creek 1.8 mi (2.9 km); and Alma Creek 0.9 mi (1.4 km). The 
mainstem Skagit River and mouths of listed and unlisted tributaries 
also provide some post-dispersal rearing habitat. Nookachamps, Day, 
Jones, Alder, Grandy, Finney, Jackman, Rocky, Corkindale, Diobsud, and 
Alma Creeks are known to be occupied by bull trout (WDFW 2002).
    Goodell Creek from the mouth upstream approximately 9.9 mi (15.9 
km) to a gradient barrier provides spawning and rearing habitat for the 
local population. Newhalem Creek upstream 0.6 mi (1.0 km) to a natural 
barrier provides spawning and rearing habitat for the local population. 
Gorge Lake (220 ac (89 ha)) upstream of Gorge Dam provides FMO habitat 
for the Stetattle Creek potential local population of adfluvial bull 
trout. This lake may also provide some juvenile rearing habitat, 
especially near the

[[Page 35791]]

mouth of the lake's spawning tributaries. Stetattle Creek from the 
mouth upstream approximately 0.8 mi (1.3 km) to a natural barrier 
provides FMO habitat and spawning and rearing habitat for the potential 
local population.
    (B) Baker River from the confluence with the Skagit River upstream 
approximately 11.6 mi (18.7 km) to a natural barrier, provides combined 
spawning and rearing, and FMO habitat upstream of its confluence with 
Baker Lake, and FMO habitat in its reaches downstream of Baker Lake. 
Lake Shannon (2,057 ac (832 ha)) and its associated arms provide FMO 
habitat, and Baker Lake (4,747 ac (1,921 ha)) and its associated arms 
currently provide FMO habitat for the Baker Lake local population of 
adfluvial bull trout. Baker Lake may also provide some juvenile rearing 
habitat, especially near the mouth of the lake's spawning tributaries. 
Sulphur Creek upstream 1.1 mi (1.8 km) to a natural barrier provides 
the available spawning and rearing habitat for the Sulphur Creek (Lake 
Shannon) potential local population. The following tributaries provide 
spawning and rearing habitat for the Baker Lake local population, from 
their mouths or confluence upstream to a natural barrier: Park Creek 
from its confluence with Baker Lake 1.5 mi (2.4 km); Swift Creek from 
its confluence with Baker Lake 1.0 mi (1.6 km); Lake Creek 0.5 mi (0.8 
km); Sulphide Creek 1.3 mi (2.1 km); Crystal Creek 0.5 mi (0.8 km); 
Bald Eagle Creek 0.8 mi (1.3 km); and Pass Creek 0.4 mi (0.6 km). Bull 
trout have been documented in all these streams, and in Baker Lake and 
Lake Shannon (R. Glesne, in litt. 1993; WDFW 1998, 2002; R2 Resource 
Consultants 2003; Emily Greenberg and Marcus Appy, R2 Resource 
Consultants, Inc., in litt. 2003; S. Zyskowski, pers. comm. 2003).
    (C) Sauk River from its confluence with the Skagit River upstream 
approximately 38.9 mi (62.6 km) to the confluence with the North and 
South Forks of Sauk River provides combined spawning, rearing, and FMO 
habitat (WDFW et al. 1997) for local populations in the Sauk River 
system. Dan Creek upstream 2.9 mi (4.7 km) to a natural barrier 
provides rearing and FMO habitat. Falls Creek upstream 0.9 mi (1.4 km) 
to a natural barrier; and North Fork Sauk River from the confluence 
with the South Fork Sauk River upstream 1.1 mi (1.8 km) to North Fork 
Falls provide spawning and rearing habitat for the Forks of Sauk River 
local population. Dan Creek, Falls Creek and North Fork Sauk River are 
known to be occupied by bull trout (WDFW et al. 1997; WDFW 2002).
    (D) Suiattle River from its confluence with the Sauk River upstream 
approximately 37.8 (60.8 km) to a natural barrier provides spawning and 
rearing habitat upstream of river mile 30 (lower extent of Upper 
Suiattle River local population), and combined spawning, rearing, and 
FMO habitat in its reaches downstream of river mile 30 (WDFW 1998). Big 
Creek upstream 0.6 mi (1.0 km) to a natural barrier provides combined 
rearing and foraging habitat. The following tributaries provide 
spawning and rearing habitat for local bull trout populations, from 
their mouths upstream to a natural barrier, headwater, or confluence: 
Tenas Creek 1.5 mi (2.4 km); Straight Creek 1.4 mi (2.2 km), and its 
tributary Black Creek 1.0 mi (1.6 km); Buck Creek 7.6 mi (12.2 km) to 
its headwaters, and its tributary Horse Creek 1.6 mi (2.6 km) to the 
mouth of its unnamed tributary (stream catalog 0839); Lime 
Creek approximately 2.6 mi (4.2 km) to the mouth of Meadow Creek; 
Downey Creek 6.6 mi (10.6 km), and its tributary Goat Creek 0.5 mi (0.8 
km); Sulphur Creek 6.0 mi (9.6 km); Milk Creek 3.2 mi (5.1 km); Canyon 
Creek 0.8 mi (1.3 km); Vista Creek 1.2 mi (1.9 km); Miners Creek 0.5 mi 
(0.8 km) to the mouth of an unnamed tributary (stream catalog 
1049); Dusty Creek 3.2 mi (5.1 km) to accessible headwaters; 
and Small Creek approximately 1.5 mi (2.4 km) to accessible headwaters. 
All these streams are part of the current bull trout distribution (WDFW 
2002).
    (E) White Chuck River from the confluence with the Sauk River 
upstream approximately 20.6 mi (33.1 km) to a natural barrier provides 
spawning and rearing habitat for the Lower White Chuck River and Upper 
White Chuck River local populations (WDFW 2002). The following 
tributaries provide spawning and rearing habitat for the Lower White 
Chuck River local population, from their mouths upstream to a natural 
barrier: Black Oak Creek 0.6 mi (1.0 km); unnamed tributary (stream 
catalog 1119) 0.3 mi (0.5 km); Crystal Creek 0.2 mi (0.3 km); 
Pugh Creek 0.6 mi (1.0 km); Owl Creek 0.6 mi (1.0 km); and Camp Creek 
1.0 mi (1.6 km). The following tributaries provide spawning and rearing 
habitat for the Upper White Chuck River local population, from their 
mouths upstream: Fire Creek 0.6 mi (1.0 km); Fourteenmile Creek 1.2 mi 
(1.9 km) to its headwaters; Pumice Creek 4.4 mi (7.1 km) to its 
headwaters; and Glacier Creek 2.0 mi (3.2 km) to accessible headwaters. 
All these streams are part of the current bull trout distribution (WDFW 
et al. 1997; WDFW 2002).
    (F) South Fork Sauk River from the confluence with the North Fork 
Sauk River upstream 10.9 mi (17.5 km) to its confluence with Glacier 
Creek and Seventysix Gulch provides spawning and rearing habitat for 
the Forks of Sauk River local population downstream of Monte Cristo 
Lake, and for the Upper South Fork Sauk River local population upstream 
from Monte Cristo Lake. Merry Brook Creek upstream 0.2 mi (0.3 km) to a 
natural barrier; Bedal Creek upstream 3.2 mi (5.1 km) to its 
headwaters; Chocwick Creek upstream 1.6 mi (2.6 km) to its headwaters; 
and Elliot Creek upstream 3.3 mi (5.3 km) to its confluence with its 
unnamed tributary (stream catalog 1216) draining Ida Lake 
provide spawning and rearing habitat for the Forks of Sauk River local 
population. The following tributaries provide spawning and rearing 
habitat for the Upper South Fork Sauk River local population, from 
their mouths or confluence upstream to a natural barrier: Weden Creek 
1.3 mi (2.1 km); Seventysix Gulch from the confluence with Glacier 
Creek 1.0 mi (1.6 km); and Glacier Creek from the confluence with 
Seventysix Gulch 1.3 mi (2.1 km). All these streams are part of the 
current bull trout distribution (WDFW et al. 1997; WDFW 2002).
    (G) Illabot Creek from its confluence with the Skagit River 
upstream approximately 13.7 (22.0 km) to accessible headwaters, and its 
tributaries Arrow Creek upstream 1.3 mi (2.1 km) to accessible 
headwaters; and Otter Creek upstream 0.3 mi (0.5 km) to a natural 
barrier provide spawning and rearing habitat for the local population.
    (H) Cascade River from its confluence with the Skagit River 
upstream approximately 18.2 mi (29.3 km) to the confluence of the North 
and South Forks of the Cascade River provides spawning and rearing 
habitat upstream of river mile 16 for the Cascade River local 
population, and combined rearing, foraging, and migration habitat below 
river mile 16 (approximately mouth of Hard Creek). Jordan Creek 
upstream 0.5 mi (0.8 km) to a natural barrier; Boulder Creek upstream 
0.4 mi (0.6 km) to a natural barrier; and Marble Creek upstream 1.6 mi 
(2.6 km) to a natural barrier, provide combined rearing, foraging, and 
migration habitat. Kindy Creek upstream 2.3 mi (3.7 km) to its 
confluence with Mutchler Creek, and Sonny Boy Creek upstream 2.8 mi 
(4.5 km) to the extent of accessible headwater habitat provide spawning 
and rearing habitat for the Cascade River local population. South Fork 
Cascade River from the confluence with the North Fork Cascade River, 
upstream 6.3 mi (10.1 km) to the upper extent of

[[Page 35792]]

accessible headwater habitat provides spawning and rearing habitat for 
the South Fork Cascade River local population.
    (I) Bacon Creek from its confluence with the Skagit River upstream 
approximately 8.3 mi (13.3 km) to a natural barrier, and its tributary 
East Fork Bacon Creek from the confluence with Bacon Creek upstream 4.0 
mi (6.4 km) to the extent of accessible habitat provide spawning and 
rearing habitat for the local population.

(iv) Upper Skagit CHSU

    The Upper Skagit CHSU is located on the upper western slopes of the 
Cascade Mountains. The Skagit River system initiates from British 
Columbia, Canada, and flows southwest into Ross Lake, a transboundary 
reservoir formed by Ross Dam. Immediately below Ross Dam is Diablo 
Lake, another reservoir formed behind Diablo Dam. These reservoirs 
provide foraging, migration, and overwintering habitat for adfluvial 
populations. A number of smaller tributaries feed into Ross Lake 
providing the spawning and rearing habitat for that portion of the 
population within the United States, whereas the upper Skagit River and 
its tributaries provide the spawning and rearing habitat in Canada. The 
Upper Skagit CHSU includes Diablo Lake and its tributaries, and only 
those portions of Ross Lake and its associated tributaries within the 
United States. A total of approximately 84 mi (135 km) of stream and 
12,276 ac (4,968 ha) of lake surface area in two lakes is proposed as 
critical habitat. Land ownership along the stream reaches and lakes 
proposed for critical habitat is 84 percent Federal and 16 percent 
private.
    (A) Diablo Lake (802 ac (325 ha)) and Ross Lake (11,474 ac (4,643 
ha)) provide foraging, migration, and overwintering habitat for 
adfluvial bull trout in the Upper Skagit core area. Deer Creek from 
Diablo Lake upstream 0.6 mi (1.0 km) to a gradient change would provide 
spawning and rearing habitat for the potential local population 
established in Deer Creek. Bull trout were observed spawning in this 
stream in 1976 (R. Gkesne, in litt. 12993). Roland Creek from Ross Lake 
upstream 1.5 mi (2.4 km) to gradient barrier provides additional 
foraging and subadult rearing habitat; Pierce Creek upstream 0.6 mi 
(1.0 km) to a natural barrier provides spawning and rearing habitat for 
the Pierce Creek local population; Devil Creek from Ross Lake upstream 
1.5 mi (2.4 km) to a natural barrier provides additional foraging and 
subadult rearing habitat; Big Beaver Creek from Ross Lake upstream 11.1 
mi (17.9 km) to its confluence with Luna Creek (location of gradient 
barrier); Little Beaver Creek from Ross Lake upstream approximately 
12.9 mi (20.8 km) to a gradient barrier just upstream of the confluence 
with Pass Creek; and Silver Creek from Ross Lake upstream approximately 
4.4 mi (7.1 km) to gradient barrier provide spawning and rearing 
habitat for the Big Beaver Creek, Little Beaver Creek, and Silver Creek 
local populations, respectively.
    (B) Thunder Creek from Diablo Lake upstream approximately 9.9 mi 
(15.9 km) to confluence with West Fork Thunder Creek provides spawning 
and rearing habitat for the Thunder Creek local population. Thunder 
Creek is part of the current bull trout distribution (WDFW 2002).
    (C) Ruby Creek from Ross Lake upstream 4.2 mi (6.8 km) to the 
confluence of Granite and Canyon Creeks, and its tributary Granite 
Creek upstream 2.4 mi (3.9 km) to a gradient barrier provide part of 
the spawning and rearing habitat for the local population. Panther 
Creek upstream approximately 7.0 mi (11.3 km) to its confluence with 
Gabriel Creek (location of gradient barrier) provides spawning and 
rearing habitat for the Ruby Creek local population.
    (D) Canyon Creek upstream 9.0 mi (14.5 km) to a gradient barrier 
located approximately 1.0 mi (1.6 km) above the confluence with North 
Fork Canyon Creek, and its tributary, Slate Creek upstream 0.5 mi (0.8 
km) to a gradient barrier, provide part of the spawning and rearing 
habitat for the Ruby Creek local population. Bull trout have been 
documented in Canyon and Slate Creeks.
    (E) Lightning Creek from Ross Lake upstream 11.0 mi (17.7 km) to 
the United States-Canadian border, and its tributary, Three Fools 
Creek, upstream 6.3 mi (10.1 km) to the confluence of Castle Creek; and 
Trouble Creek forks (location of a gradient barrier), provide spawning 
and rearing habitat for the local population. Bull trout have been 
documented in Lightning and Three Fools Creeks.

(v) Stillaguamish CHSU

    The Stillaguamish CHSU is located on the western slopes of the 
Cascade Mountains and includes the mainstem Stillaguamish River and its 
two major forks, the North and South Forks, and their associated 
tributaries. The Stillaguamish River system flows west from the Cascade 
Mountain Range towards Puget Sound, discharging into Port Susan Bay at 
the north end of Camano Island. A total of approximately 181 mi (291 
km) of stream is proposed as critical habitat. Land ownership along the 
stream reaches proposed for critical habitat is approximately 20 
percent Federal, 11 percent State, and 69 percent private.
    (A) The Stillaguamish River from its mouth at Puget Sound 
(including South (1.1 mi (1.8 km)) and West (1.2 mi (1.9 km)) Passes) 
upstream approximately 22.9 mi (35.8 km) through Hat Slough (2.4 mi 
(3.9 km)) to the confluence of the North and South Forks and its 
associated sloughs provides foraging and overwintering habitat, and an 
essential migratory corridor for amphidromous bull trout.
    (B) North Fork Stillaguamish River from its confluence with the 
South Fork Stillaguamish River upstream approximately 37.7 mi (60.7 km) 
to a natural barrier provide rearing, foraging, and overwintering 
habitat for the North Fork Stillaguamish local population downstream 
from Boulder River, and spawning and rearing habitat for that 
population upstream of Boulder River. It also provides an essential 
migratory corridor for amphidromous bull trout. Boulder River 5.1 mi 
(8.2 km) to a natural barrier provides spawning and rearing habitat for 
the North Fork Stillaguamish River local population. Squire Creek from 
its mouth upstream 7.9 mi (12.7 km) provides rearing, foraging, and 
migration habitat, and potentially spawning habitat. Bull trout have 
been documented in the North Fork Stillaguamish River, Boulder River, 
and Squire Creek (WDFW 1998; Pete Castle, WDFW, pers. comm. 2003; 
George Pess, NOAA-Fisheries, in litt. 2003).
    (C) Deer Creek from the confluence with the North Fork 
Stillaguamish River upstream 18.7 mi (30.1 km) to natural barrier 
provides combined spawning, rearing, foraging, and migration habitat 
for the Deer Creek local population. Higgins Creek upstream 4.9 mi (7.9 
km) to accessible headwaters provides spawning and rearing habitat for 
the local population. Bull trout have been documented in Deer Creek and 
Higgins Creek.
    (D) South Fork Stillaguamish River from its confluence with the 
North Fork Stillaguamish River upstream approximately 49.8 mi (80.1 km) 
to accessible headwaters provides spawning and rearing habitat upstream 
of Wiley Creek, and foraging and overwintering habitat downstream from 
Wiley Creek. It also provides an essential migratory corridor for 
amphidromous bull trout. Jim Creek upstream 12.2 mi (19.6 km) to Cub 
Creek provides some FMO habitat outside of local populations for the 
Stillaguamish core area. The South Fork

[[Page 35793]]

Stillaguamish River and mouths of listed and unlisted tributaries also 
provide some post-dispersal rearing habitat. The following tributaries 
provide spawning and rearing habitat for the local population, from 
their mouths upstream to a natural barrier: Big Four Creek 0.7 mi (1.1 
km); Perry Creek 1.6 mi (2.6 km); Buck Creek 0.5 mi (0.8 km); and 
Palmer Creek 0.7 mi (1.1 km). Bull trout have been documented in Big 
Four, Perry, Buck, and Palmer Creeks (WDFW 2002; Karen Chang, USFS, in 
litt. 2003; Mark Downen, WDFW, in litt. 2003).
    (E) Canyon Creek from the confluence with the South Fork 
Stillaguamish River upstream 11.1 mi (17.9 km) to confluence of North 
and South Forks provides FMO habitat below the unnamed tributary 
(stream catalog 0365), and spawning and rearing habitat for 
the South Fork Canyon Creek local population upstream of this unnamed 
tributary. North Fork Canyon Creek from the confluence with the South 
Fork upstream 0.5 mi (0.8 km) to a natural barrier; and South Fork 
Canyon Creek from the confluence with the North Fork upstream 1.6 mi 
(2.6 km) to a natural barrier just upstream of Saddle Creek provide 
spawning and rearing habitat for the local population. Bull trout have 
been documented in Canyon Creek, and the North and South Forks of 
Canyon Creek.

(vi) Snohomish-Skykomish CHSU

    The Snohomish-Skykomish CHSU is located on the western slopes of 
the Cascade Mountains and includes the mainstem Snohomish River, the 
lower Snoqualmie River, mainstem Skykomish River and its two major 
forks, the North and South Forks, and associated tributaries accessible 
to bull trout. The Snohomish-Skykomish River system flows west from the 
Cascade Mountain Range towards Puget Sound, discharging into Possession 
Sound near the city of Everett. A total of approximately 254 mi (409 
km) of stream is proposed as critical habitat. Land ownership along the 
stream reaches proposed for critical habitat is 17 percent Federal, 8 
percent State, less than 1 percent Tribal, and 75 percent private 
(including county and city ownership).
    (A) The Snohomish River from its mouth at Puget Sound upstream 20.1 
mi (32.3 km) to the confluence of the Skykomish and Snoqualmie Rivers, 
including Ebey Slough (13.2 mi (21.2 km)), Steamboat Slough (5.9 mi 
(9.5 km)), and Union Slough (4.9 mi (7.9 km)), provide foraging and 
overwintering habitat, and an essential migratory corridor for 
amphidromous bull trout. Pilchuck River upstream 35.5 mi (57.1 km) to a 
natural barrier; provides FMO habitat in the lower reaches of the 
Snohomish River. Bull trout have been documented in the Snohomish and 
Pilchuck Rivers.
    (B) Snoqualmie River from the mouth upstream approximately 39.3 mi 
(63.2 km) to Snoqualmie Falls; Tolt River upstream 8.4 mi (13.5 km) to 
confluence of North and South Forks of the Tolt River; North Fork Tolt 
River upstream 3.8 mi (6.1 km) to a natural barrier; and South Fork 
Tolt River upstream 8.1 mi (13.0 km) to a natural barrier provide FMO 
habitat for the Snohomish-Skykomish core area. Bull trout have been 
documented in all of these identified streams (KCDNR 2000).
    (C) The following tributaries provide FMO habitat for the 
Snohomish-Skykomish core area upstream from their mouths or confluence: 
Skykomish River from its confluence with the Snohomish and Snoqualmie 
Rivers 29.0 mi (46.7 km) to the confluence of the North and South 
Forks; Sultan River 9.7 mi (15.6 km) to Everett Diversion Dam; Wallace 
River 8.9 mi (14.3 km) to Wallace Falls. The Skykomish River provides 
an essential migratory corridor for amphidromous bull trout. Bull trout 
have also been identified in the Sultan and Wallace Rivers
    (D) The following tributaries provide spawning and rearing habitat 
for the North Fork Skykomish local population and extended rearing 
habitat for the Salmon Creek local population in the Snohomish-
Skykomish core area, from their mouths upstream to a natural barrier or 
falls: North Fork Skykomish River approximately 19.0 mi (30.6 km) to a 
natural barrier falls located between Goblin and Quartz Creeks; Trout 
Creek 3.7 mi (5.9 km); West Cady Creek 0.7 mi (1.1 km); and Goblin 
Creek 0.4 mi (0.6 km). The North Fork Skykomish River also provides an 
essential migratory corridor for amphidromous bull trout. Salmon Creek 
upstream 2.5 mi (4.0 km) to a natural barrier, and South Fork Salmon 
Creek upstream 0.5 mi (0.8 km) to a natural barrier provide spawning 
and rearing habitat for the local population. Troublesome Creek 
upstream approximately 3.2 mi (5.1 km) to a natural barrier provides 
spawning and rearing habitat for the Troublesome Creek local population 
of resident bull trout upstream of the amphidromous barrier at rmi 0.25 
(0.4 km), and additional spawning and rearing habitat for the North 
Fork Skykomish River local population downstream of the amphidromous 
barrier. Bull trout have been documented in North Fork Skykomish River, 
Trout Creek, West Cady Creek, Goblin Creek, Salmon Creek, South Fork 
Salmon Creek, and Troublesome Creek (WDFW 1998).
    (E) South Fork Skykomish River from its confluence upstream 
approximately 19.6 mi (31.5 km) to the confluence of the Tye and Foss 
Rivers provides FMO habitat in the South Fork Skykomish River system. 
The South Fork Skykomish River also provides an essential migratory 
corridor for amphidromous bull trout.
    Beckler River upstream 12.2 mi (19.6 km) to a natural barrier 
provides spawning and rearing habitat for the South Fork Skykomish 
River local population. Bull trout recently have been documented 
spawning in the Beckler River (C. Kraemer, in litt. 2003b). It is 
expected that as amphidromous bull trout increase in abundance, greater 
use of these streams and other accessible tributaries to the South Fork 
Skykomish and Beckler Rivers will occur.
    (F) Foss River upstream 4.3 mi (6.9 km) to the confluence of the 
East and West Forks of Foss River provides foraging and overwintering 
habitat and potentially rearing habitat for the South Fork Skykomish 
River local population. It also provides an essential migratory 
corridor for amphidromous bull trout. East Fork Foss River upstream 1.0 
mi (1.6 km) to a natural barrier provides habitat for spawning and 
rearing for the South Fork Skykomish River local population. Bull trout 
have been documented in the East Fork Foss River (WDFW 1998). It is 
expected that as amphidromous bull trout increase in abundance, greater 
use of these streams and other accessible tributaries will occur.

(vii) Chester Morse Lake CHSU

    The Chester Morse Lake CHSU is located in the upper Cedar River 
watershed above a natural migration barrier, Lower Cedar Falls. This is 
a municipal watershed, providing the major source of water for the City 
of Seattle and surrounding communities within King County. The Chester 
Morse Lake CHSU includes Chester Morse Lake and its major tributaries, 
the Cedar and Rex Rivers, and a number of their associated tributaries. 
It also includes several minor tributaries to Chester Morse Lake. A 
total of approximately 16 mi (26 km) of stream and 1,971 ac (798 ha) of 
lake surface area is proposed as critical habitat. Land ownership along 
the stream reaches and lake proposed for critical habitat is 100 
percent private (consists primarily of city ownership).
    (A) Chester Morse Lake (1,769 ac (716 ha)) includes Masonry Pool 
(202 ac (82 ha)) and the main lake. Chester Morse Lake provides the 
only FMO habitat for

[[Page 35794]]

the population of adfluvial bull trout in the core area (WDFW 1998). 
The lake shoreline also supports juvenile rearing, especially near the 
mouths of the spawning tributaries. Rack Creek from its confluence with 
Chester Morse Lake upstream 0.5 mi (0.8 km) to a natural barrier 
provides spawning and rearing habitat for the local population. Shotgun 
Creek from its confluence with Chester Morse Lake upstream 0.3 mi (0.5 
km) to natural barrier provides spawning and rearing habitat for the 
potential local population. Bull trout have been documented in the lake 
and in both Rack and Shotgun Creeks (Dwayne Paige, Seattle Public 
Utilities, in litt. 2003).
    (B) The following tributaries provide spawning and rearing habitat, 
from their mouths or confluence upstream to a natural barrier or 
confluence: Cedar River from its confluence with Chester Morse Lake 8.0 
mi (12.9 km) to its confluence with the North and South Forks of the 
Cedar River, including slough and side channel habitat in the lower 
river; unnamed tributary (stream catalog 0439) 0.1 mi (0.2 
km); North Fork Cedar River from the confluence with the South Fork 0.7 
mi (1.1 km); and South Fork Cedar River from the confluence with the 
North Fork 0.8 mi (1.3 km) to a manmade barrier. Bull trout have been 
documented in all these streams (D. Paige, in litt. 2003).
    (C) Rex River from its confluence with Chester Morse Lake upstream 
3.1 mi (5.0 km) to a natural barrier, and its tributaries, Cabin Creek 
upstream 0.8 mi (1.3 km) to a natural barrier; and Lindsay Creek 
upstream 0.3 mi (0.5 km) to a natural barrier provide spawning and 
rearing habitat for the local population in the Chester Morse Lake core 
area. Boulder Creek from its confluence with the Rex River upstream 1.5 
mi (2.4 km) to a natural barrier provides spawning and rearing habitat 
for the local population. Bull trout have been documented in all these 
streams (D. Paige, in litt. 2003).

(viii) Puyallup CHSU

    The Puyallup CHSU is located on the western slopes of the Cascade 
Mountains. The Puyallup River system is fed primarily by the glaciers 
of Mount Rainier, and flows west discharging into Puget Sound at 
Commencement Bay adjacent to the city of Tacoma. The Puyallup CHSU 
includes the Puyallup River and its two major tributary systems, the 
White River and Carbon River, and their associated tributaries 
accessible to bull trout. A total of approximately 235 mi (378 km) of 
stream is proposed as critical habitat. Land ownership along the stream 
reaches proposed for critical habitat is 33 percent Federal, 2 percent 
State, 5 percent Tribal, and 60 percent private.
    (A) The Puyallup River from its mouth at Puget Sound upstream 
approximately 46.2 mi (74.3 km) to the confluence of the North and 
South Puyallup Rivers provides FMO habitat for the Puyallup core area. 
It also provides an essential migratory corridor for amphidromous bull 
trout. The Puyallup River tributary, Niesson Creek upstream 2.4 mi (3.9 
km) to a natural barrier, provides FMO habitat for the lower Puyallup 
River. The following upper Puyallup River tributaries provide spawning 
and rearing habitat for the Upper Puyallup and Mowich Rivers local 
population, from their mouths upstream: Deer Creek 2.8 mi (4.5 km) to a 
natural barrier; Swift Creek 0.6 mi (1.0 km) to a natural barrier; 
South Puyallup River from the confluence with the North Puyallup River 
7.7 mi (12.4 km) to the headwaters; and its tributary, St. Andrews 
Creek, 3.1 mi (5.0 km) to the headwaters. Bull trout have been 
documented in all these streams (Barbara Samora, Mount Rainier National 
Park, in litt. 2001; WDFW 2002).
    (B) Mowich River from its confluence with the Puyallup River 7.5 mi 
(12.1 km) to the confluence of the North and South Mowich Rivers; South 
Mowich River 4.1 mi (6.6 km) to the headwaters provide spawning and 
rearing habitat for the Upper Puyallup and Mowich Rivers local 
population. Bull trout have been documented in the Mowich and South 
Fork Mowich Rivers (B. Samora, in litt. 2001).
    (C) Carbon River from the confluence with the Puyallup River 
upstream approximately 30.4 mi (48.9 km) to accessible headwaters near 
the mouth of Spukwush Creek provides spawning and rearing habitat for 
the Carbon River local population upstream of river mile 15 (top of 
canyon reach near Fairfax Bridge), and FMO habitat downstream of river 
mile 15. The Carbon River provides an essential migratory corridor for 
amphidromous bull trout. The following tributaries provide spawning and 
rearing habitat for the local population from their mouths upstream to 
a natural barrier or falls: Ranger Creek 1.0 mi (1.6 km) to Ranger 
Falls; Chenuis Creek 0.1 mi (0.2 km) to Chenuis Falls; and Ipsut Creek 
0.7 mi (1.1 km) to Isput Falls. Bull trout have been documented in 
Ranger, Chenuis, and Isput Creeks (B. Samora, in litt. 1998; Marks et 
al. 2002).
    (D) White River from its confluence with Puyallup River upstream 
72.2 mi (116.2 km) to the mouth of Inter Fork provides FMO habitat 
downstream of the confluence with the Clearwater River, and combined 
rearing and FMO habitat, and potentially spawning habitat upstream of 
the confluence. The following tributaries provide spawning and rearing 
habitat for the White River local population from their mouths upstream 
to a natural barrier or headwaters: Huckleberry Creek 7.1 mi (11.4 km); 
Silver Springs (near Silver Creek) 0.2 mi (0.3 km); Crystal Creek 1.0 
mi (1.6 km); Klickitat Creek 0.5 mi (0.8 km); unnamed tributary (stream 
catalog 0364) 0.8 mi (1.3 km); and Fryingpan Creek 3.8 mi (6.1 
km) to accessible headwaters provide spawning and rearing habitat for 
the local population. Bull trout have been documented in Huckleberry 
Creek, Silver Springs, Crystal Creek, Klickitat Creek, stream 
3064, and Fryingpan Creek (Eugene Stagner, Service, pers comm. 
2003; MRMP, in litt. 2001; Marks et al. 2002).
    Clearwater River from the confluence with the White River 6.5 mi 
(10.4 km) upstream to a natural barrier provides spawning and rearing 
habitat for the Clearwater River potential local population, and 
additional FMO habitat for the Puyallup core area. Bull trout have been 
documented in the lower Clearwater River (Travis Nelson, WDFW, in litt. 
2003).
    (E) The following tributaries provide spawning and rearing habitat 
for the Greenwater River local population, from theirs mouth or 
confluence upstream to a natural barrier: Greenwater River from the 
confluence with the White River 12.5 mi (20.1 km); Midnight Creek 
(stream catalog 0126) 1.4 mi (2.2 km); Slide Creek 0.7 mi (1.1 
km); and Pyramid Creek 1.3 mi (2.1 km). Bull trout have been documented 
in the Greenwater River, Midnight, Slide, and Pyramid Creeks (USFS, in 
litt. 1990, in litt. 1991).
    (F) The following tributaries provide spawning and rearing habitat 
for the West Fork White River local population from their mouths or 
confluence upstream to a natural barrier: West Fork White River from 
the confluence with the White River upstream 16.0 mi (25.7 km); Cripple 
Creek 0.8 mi (1.3 km); unnamed tributary (stream catalog 0217) 
0.5 mi (0.8 km); unnamed tributary (stream catalog 0234) 0.5 
mi (0.8 km); its unnamed tributary (stream catalog 0226) 0.4 
mi (0.6 km); and Lodi Creek 1.8 mi (2.9 km) to Afi Falls. Bull trout 
have been documented in the West Fork White River, Cripple Creek, 
stream 0217, stream 0226, stream 0234, and 
Lodi Creek (USFS, in litt. 1982; B. Samora, in litt. 2002).

[[Page 35795]]

(ix) Samish CHSU

    The Samish CHSU is located in the Puget Sound lowlands with its 
headwaters in the broad flat valley floor above Wickersham. The Samish 
River system flows southwest towards Puget Sound, discharging into 
Samish Bay. The Samish CHSU includes the Samish River, its major 
tributary, Friday Creek, and other associated tributaries. The 
amphidromous bull trout using this productive salmon system are likely 
from several core areas within Puget Sound (e.g., Nooksack, Lower 
Skagit, Stillaguamish). A total of approximately 24 mi (39 km) of 
stream is proposed as critical habitat. Land ownership along the stream 
reaches proposed for critical habitat is 100 percent private.
    (A) The Samish River from the mouth at Puget Sound, upstream 23.8 
mi (38.3 km) to an unnamed tributary (stream catalog 0079), 
provides FMO habitat for amphidromous bull trout outside of currently 
delineated core areas in the Puget Sound Recovery Unit. Bull trout have 
been documented in the Samish River since at least the 1970s (C. 
Kraemer, in litt. 2003c; Dean Toba, WDFW, pers. comm. 2003).

(x) Lake Washington CHSU

    The Lake Washington CHSU lies within central Puget Sound. Lake 
Washington is connected to Puget Sound by the Lake Washington Ship 
Canal, which flows into Salmon Bay through the Ballard Locks system in 
Seattle. The Lake Washington CHSU includes Lake Washington, Cedar and 
Sammamish Rivers, and associated tributaries. It does not include the 
upper Cedar River basin above Cedar Falls. This productive salmon 
system supports bull trout foraging, migration, and overwintering 
habitat for amphidromous bull trout outside of currently designated 
core areas. The bull trout using this system are likely from several 
core areas within Puget Sound in close proximity to this system (e.g., 
Stillaguamish, Snohomish-Skykomish) and perhaps from core areas further 
away. A total of approximately 22,951 ac (9,288 ha) of lake surface 
area is proposed as critical habitat. Land ownership around the lakes 
proposed for critical habitat is 1 percent Federal, 3 percent State, 
and 96 percent private (including county and city ownership).
    (A) Lake Washington (21,915 ac (8,869 ha), including the Ship Canal 
and Lake Union (1,036 ac (419 ha)) between the Ballard Locks and Lake 
Washington, provide FMO habitat for amphidromous bull trout outside of 
currently delineated core areas in the Puget Sound Recovery Unit. Bull 
trout have been documented in various areas of Lake Washington and in 
the fish ladder at Ballard Locks (KCDNR 2000; Hans Berge, in litt. 
2003).

(xi) Lower Green CHSU

    The Lower Green CHSU includes the Duwamish and Green Rivers and 
associated tributaries below Tacoma's Headworks Diversion Dam. The 
Green River is a productive salmon system, initiating in the Cascade 
Mountains flowing west into Howard Hansen Reservoir. It is free flowing 
below the City of Tacoma's Headworks Diversion Dam (located 
approximately 4.5 mi (7.2 km) downstream of Howard Hansen Dam) 
eventually becoming the Duwamish River before discharging into Elliott 
Bay. This system supports foraging, migration, and overwintering 
habitat for amphidromous bull trout outside of currently designated 
core areas. The amphidromous bull trout using this system are likely 
from several core areas within Puget Sound in close proximity to this 
system (e.g., Puyallup, Snohomish-Skykomish) and perhaps even from core 
areas further away. Historic accounts (Suckley and Cooper 1860) suggest 
that bull trout were much more abundant in the Green River and likely 
used this system for spawning and rearing in the past. A total of 
approximately 62 mi (100 km) of stream is proposed as critical habitat. 
Land ownership along the stream reaches proposed for critical habitat 
is 18 percent State, and 82 percent private (including city ownership).
    (A) Duwamish River from the mouth at Puget Sound (including the 
East and West Waterways) upstream 13.1 mi (21.1 km) to the Black River, 
and the Green River from the confluence of the Black River upstream 
48.9 mi (78.7 km) to the City of Tacoma's Headworks Diversion Dam 
provides FMO habitat for amphidromous bull trout outside of currently 
delineated core areas in the Puget Sound Recovery Unit. Bull trout have 
been documented in both the Duwamish and Green Rivers (KCDNR 2000; 
Berge and Mavros 2001; Jim Shannon, Taylor Associates, Inc., in litt. 
2001).

(xii) Lower Nisqually CHSU

    The Lower Nisqually CHSU includes the Nisqually River and 
associated tributaries below La Grande Dam. The Nisqually River system, 
fed primarily by the glaciers of Mount Rainier, flows west to Alder 
Lake and through Alder and La Grande Dams before discharging into Puget 
Sound at the Nisqually River Delta at the Nisqually National Wildlife 
Refuge. The Nisqually River system supports foraging, migration, and 
overwintering habitat for amphidromous bull trout outside of currently 
designated core areas. The amphidromous bull trout currently observed 
in this system and those likely to use this system in the future, are 
believed to be from other core areas within Puget Sound (e.g., 
Puyallup, Snohomish-Skykomish). A total of approximately 40 mi (64 km) 
of stream is proposed as critical habitat. Land ownership along the 
stream reaches proposed for critical habitat is 33 percent Federal, 13 
percent Tribal, and 54 percent private.
    (A) The Nisqually River from the mouth at Puget Sound upstream 40.1 
mi (64.5 km) to La Grande Dam provides FMO habitat for amphidromous 
bull trout outside of currently delineated core areas in the Puget 
Sound Recovery Unit. Although bull trout are now rarely observed in the 
Nisqually River (WDFW 1998; John Barr, Nisqually Tribe, pers. comm. 
2003), historic accounts (Suckley and Cooper 1860) suggest that bull 
trout were much more abundant and likely used this system for spawning 
and rearing in the past. It is expected that amphidromous bull trout 
use of the Nisqually River will increase significantly as bull trout 
populations recover in the Puyallup core area.

(xiii) Puget Sound Marine CHSU

    The estuarine and marine waters of Puget Sound provide foraging and 
migration habitat for amphidromous bull trout outside of freshwater 
core areas. Amphidromous bull trout use nearshore habitat along the 
eastern shore of Puget Sound from the Canadian border south to the 
Nisqually River delta. Bull trout have also been documented using 
nearshore habitat of islands along this eastern shore, especially in 
the northern part of the sound. The extent of bull trout use along the 
western Puget Sound shoreline is not well known, but currently 
available information suggest it is used to a much lesser degree. The 
current distribution data for bull trout most likely under represents 
the amount of occupied marine nearshore habitat, due to the depressed 
status of some amphidromous bull trout populations, the seasonal and 
temporal variability in their migratory behavior, and perhaps most 
importantly, the difficulty of sampling for subadult and adult life 
stages in large estuarine and marine environments. The Puget Sound 
Marine CHSU includes the estuarine and nearshore areas along Puget 
Sound shorelines. A total of approximately 566 mi (911 km) of marine 
and estuarine shoreline is proposed as critical habitat. Land ownership 
along marine nearshore

[[Page 35796]]

proposed for critical habitat is 3 percent Federal, 6 percent State, 15 
percent Tribal, and 76 percent private (including county and city 
ownership).
    (A) The eastern shoreline of Puget Sound (north) (129.4 mi (208.2 
km)), including associated bays and estuaries, and Swinomish Channel 
(6.5 mi (10.5 km)) from the Canadian border to Harbor Park (Fidalgo 
Island), and from Sares Head (Fidalgo Island) to Nisqually Head at the 
southern end of the Nisqually River Delta provide important marine 
foraging and migration habitat for amphidromous bull trout.
    (B) The shoreline of Lummi Island (eastern shoreline from Village 
Point to Carter Point) (13.4 mi (21.6 km)), Portage Island (8.0 mi 
(12.9 km)), Guemes Island (eastern shoreline from Southeast Point to 
Clark Point) (6.1 mi (9.8 km)), Whidbey Island (eastern shoreline from 
north end of West Beach to Possession Point) (91.1 mi (146.6 km)), Hope 
Island (2.5 mi (4.0 km)), Goat Island (1.8 mi (2.9 km)), Ika Island 
(2.3 mi (3.7 km)), Gedney Island (4.2 mi (6.8 km)), and Vashon Island 
(southeastern shoreline from northeast Summerhurst to Neill Point) 
(16.3 mi (26.2 km)) provide marine foraging and migration habitat for 
amphidromous bull trout. Bull trout have been documented in nearshore 
areas around Lummi, Whidbey, and Ika Islands. The remaining identified 
island shorelines are presumed occupied based on their proximity to 
known occupied areas, use documented along similar shorelines, and 
forage fish availability.

Unit 29: Saint Mary-Belly River

    We are proposing to designate critical habitat for bull trout in 17 
identified stream segments and six lakes in the Saint Mary River CHSU 
in Montana, and an additional single stream in the Belly River CHSU. 
The Saint Mary River CHSU contains five core areas and eight local 
populations of bull trout, and the Belly River CHSU includes only one 
core area and a single local population in the headwaters of the North 
Fork Belly River.
    Within the Saint Mary-Belly River Recovery Unit, the documented 
historical distribution of bull trout is nearly basin wide, with the 
exception of blocked headwater areas (natural barriers) that occur with 
frequency in this rugged terrain. Within the U.S. portion of the Saint 
Mary River drainage, most major streams and lakes are occupied by bull 
trout.
    As a result of the extreme topography in the high peaks of the 
Belly River headwaters, major portions of Glacier National Park were 
historically fishless and bull trout occupancy in that drainage is 
currently confined to only a minor portion of the U.S. habitat.
    The total stream distance proposed for designation as critical 
habitat in Montana is about 88 mi (142 km), and the lakes have a 
surface coverage of about 6,295 ac (2,548 ha). All areas proposed as 
critical habitat are currently considered regularly occupied by bull 
trout, based on recent historical records.

(i) Saint Mary River CHSU

    The Saint Mary River CHSU includes the Saint Mary River drainage in 
northwest Montana in its entirety. The drainage originates along the 
east slopes of the Rocky Mountains, with most of the headwaters 
emanating from the peaks and glacial lakes of Glacier National Park. 
The Saint Mary River flows directly north into Canada, where it joins 
the Belly and Waterton River drainages to form the Oldman River. 
Eventually, the Saint Mary River waters flow into Hudson Bay via the 
South Saskatchewan River system. The entire U.S. portion of the Saint 
Mary River drainage is located in Glacier County, Montana.
    Land ownership in this CHSU is primarily public land. Land 
ownership along the streams proposed for critical habitat designation 
is about evenly split between about 45 percent that are in Glacier 
National Park and about 44 percent that are in Blackfeet Tribal 
ownership. The remaining 10 percent is in private ownership.
    (A) The entire mainstem of the Saint Mary River in the U.S. is 
proposed for designation as critical bull trout FMO habitat, from the 
U.S./Canada border 15.5 mi (24.9 km) upstream to Lower Saint Mary Lake, 
including the basins of Lower Saint Mary Lake (2,189 ac (886 ha)) and 
Saint Mary Lake (3,883 ac (1,571 ha)) to their high water marks, and 
also the 1.1 mi (1.8 km) portion of the Saint Mary River between the 
lakes. The 0.6 mi (1.0 km) reach of the Saint Mary River upstream of 
Saint Mary Lake to the base of Saint Mary Falls, provides spawning and 
rearing habitat for bull trout.
    (B) Portions of the mainstem of Lee Creek (4.4 mi (7.1 km)), its 
tributary Jule Creek (2.6 mi (4.2 km)), and the Middle Fork Lee Creek 
(2.7 mi (4.3 km)) from the U.S./Canada border upstream to identified 
natural or man-caused fish passage barriers in their upper reaches 
provide spawning and rearing habitat for bull trout that migrate from 
Canada.
    (C) Kennedy Creek (13.7 mi (22.0 km)), from its confluence with the 
Saint Mary River to a natural barrier at the outlet of Poia Lake 
provides rearing habitat, and is one of two primary spawning streams 
documented within the basin.
    (D) The lower 8.2 mi (13.2 km) of Otatso Creek, from its junction 
with Kennedy Creek to a natural barrier located near the Glacier 
National Park boundary with the Blackfeet Indian Reservation, provides 
rearing and potential spawning habitat for bull trout that most likely 
emigrate from upstream waters isolated above barriers in Otatso Creek, 
or from adjacent Kennedy Creek or other downstream waters.
    (E) Swiftcurrent Creek, from its junction with Lower Saint Mary 
Lake upstream 5.7 mi (9.2 km) to Sherburne Dam provides FMO habitat for 
migratory bull trout.
    (F) Boulder Creek, from its junction with Swiftcurrent Creek 
upstream 13.1 mi (21.1 km) to its headwaters (unnamed lakes at the base 
of Mount Siyeh) provides rearing habitat, and is one of two primary 
spawning streams used by migratory bull trout within the basin.
    (G) Divide Creek, from its junction with the reach of the Saint 
Mary River between the Saint Mary lakes to a natural barrier located 
9.2 mi (14.8 km) upstream in the headwaters west of White Calf Mountain 
provides spawning and rearing habitat.
    (H) The two interconnected basins of Slide Lakes (45 ac (18 ha)) 
provide FMO habitat for the disjunct Slide Lakes core area. The 
following reaches provide spawning and rearing habitat for resident 
and/or migratory bull trout: the major tributary to Otatso Lake, upper 
Otatso Creek (1.0 mi (1.6 km)), extending from Slide Lakes to an 
unnamed barrier falls, including a short reach of stream between the 
lake basins (0.2 mi (0.3 km)). A reach of Otatso Creek (1.1 mi (1.8 
km)) extending downstream from Slide Lakes to the natural barrier at 
the Reservation Boundary.
    (I) The basin of Cracker Lake (42 ac (17 ha)) provides FMO habitat 
for a reproducing population of bull trout believed to have been 
introduced in the early 20th century. Its tributary, Canyon Creek, 
either upstream of the lake to its glacial outwash headwaters (0.7 mi 
(1.1 km)) or downstream (4.1 mi (6.6 km)) to the impounded pool of Lake 
Sherburne provides spawning and rearing habitat, though documentation 
is currently limited.
    (J) The basin of Red Eagle Lake (136 ac (55 ha)) is FMO habitat for 
the disjunct Red Eagle Lake core area. Its tributary, Red Eagle Creek, 
to an unnamed barrier falls 1.2 mi (1.9 km) upstream from the lake 
provides spawning and rearing habitat. About 1.0 mi (1.6 km) of Red 
Eagle Creek

[[Page 35797]]

downstream from the lake may function as spawning and rearing habitat 
for this core area, and it is contiguous with the portion of Red Eagle 
Creek described for the Saint Mary River core area downstream.

(ii) Belly River CHSU

    The Belly River CHSU includes the headwaters of the Belly River 
drainage in the northeast corner of Glacier National Park in Glacier 
County, northwest Montana. The drainage originates in glaciated lakes 
on the east slopes of the Rocky Mountains. Due to natural barriers, 
these lakes historically were mostly fishless. The Belly River flows 
directly north into Canada, where it joins the Waterton River drainage 
to the west and Saint Mary River drainage to the east to form much of 
the headwaters of the Oldman River basin. Eventually, the Belly River 
waters flow into Hudson Bay via the South Saskatchewan River system.
    The entire headwaters portion of the Belly River drainage lies in 
Glacier National Park, with 100 percent of the land in Federal 
ownership. The Draft Recovery Plan (Service 2002) identified a single 
core area and only one local population of bull trout in the North Fork 
Belly River drainage in this recovery unit as essential to recovery.
    The North Fork Belly River mainstem in the U.S., from the 
international border with Canada upstream to Miche Wabun Falls (1.5 mi 
(2.4 km)), is well-documented as the only spawning and rearing habitat 
for bull trout in this core area. The spawning fish migrate up the 
Belly River from FMO habitat located primarily in Alberta.

Effects of Critical Habitat Designation

    Section 7 of the Act requires Federal agencies, including the 
Service, to ensure that actions they fund, authorize, or carry out are 
not likely to destroy or adversely modify critical habitat.
    Section 7(a) of the Act requires Federal agencies, including the 
Service, to evaluate their actions with respect to any species that is 
proposed or listed as endangered or threatened and with respect to its 
critical habitat, if any is proposed or designated. Regulations 
implementing this interagency cooperation provision of the Act are 
codified at 50 CFR part 402. Section 7(a)(4) of the Act requires 
Federal agencies to confer with us on any action that is likely to 
jeopardize the continued existence of a proposed species or result in 
destruction or adverse modification of proposed critical habitat. 
Conference reports provide conservation recommendations to assist the 
agency in eliminating conflicts that may be caused by the proposed 
action. The conservation recommendations in a conference report are 
advisory. If a species is listed or critical habitat is designated, 
section 7(a)(2) requires Federal agencies to ensure that activities 
they authorize, fund, or carry out are not likely to jeopardize the 
continued existence of such a species or to destroy or adversely modify 
its critical habitat. If a Federal action may affect a listed species 
or its critical habitat, the responsible Federal agency (action agency) 
must enter into consultation with us. Through this consultation, the 
action agency ensures that the permitted actions do not destroy or 
adversely modify critical habitat.
    When we issue a biological opinion concluding that a project is 
likely to result in the destruction or adverse modification of critical 
habitat, we also provide reasonable and prudent alternatives to the 
project, if any are identifiable. ``Reasonable and prudent 
alternatives'' are defined at 50 CFR 402.02 as alternative actions 
identified during consultation that can be implemented in a manner 
consistent with the intended purpose of the action, that are consistent 
with the scope of the Federal agency's legal authority and 
jurisdiction, that are economically and technologically feasible, and 
that the Director believes would avoid destruction or adverse 
modification of critical habitat. Reasonable and prudent alternatives 
can vary from slight project modifications to extensive redesign or 
relocation of the project. Costs associated with implementing a 
reasonable and prudent alternative are similarly variable.
    Regulations at 50 CFR 402.16 require Federal agencies to reinitiate 
consultation on previously reviewed actions in instances where critical 
habitat is subsequently designated and the Federal agency has retained 
discretionary involvement or control over the action or such 
discretionary involvement or control is authorized by law. 
Consequently, some Federal agencies may request reinitiation of 
consultation or conference with us on actions for which formal 
consultation has been completed, if those actions may affect designated 
critical habitat or adversely modify or destroy proposed critical 
habitat.
    We may issue a formal conference report if requested by a Federal 
agency. Formal conference reports on proposed critical habitat contain 
an opinion that is prepared according to 50 CFR 402.14, as if critical 
habitat were designated. We may adopt the formal conference report as 
the biological opinion when the critical habitat is designated, if no 
substantial new information or changes in the action alter the content 
of the opinion (see 50 CFR 402.10(d)).
    Activities on Federal lands that may affect the bull trout or its 
critical habitat will require consultation under section 7 of the Act. 
Activities on private, State, county, or lands under local 
jurisdictions requiring a permit from a Federal agency, such as a 
permit from the Corps under section 404 of the Clean Water Act, or some 
other Federal action, including funding (e.g., Federal Highway 
Administration (FHA), Federal Aviation Administration, or Federal 
Emergency Management Agency (FEMA)), will continue to be subject to the 
section 7 consultation process. Federal actions not affecting listed 
species or critical habitat, and actions on non-Federal lands that are 
not federally funded or permitted, do not require section 7 
consultation.
    Section 4(b)(8) of the Act requires us to briefly evaluate and 
describe, in any proposed or final regulation that designates critical 
habitat, those activities involving a Federal action that may adversely 
modify such habitat, or that may be affected by such designation. 
Activities that may destroy or adversely modify critical habitat 
include those that appreciably reduce the value of critical habitat for 
the conservation of the bull trout. Within critical habitat, this 
pertains only to those areas containing the primary constituent 
elements. We note that such activities may also jeopardize the 
continued existence of the species.
    To properly portray the effects of critical habitat designation, we 
must first compare the requirements pursuant to section 7 of the Act 
for actions that may affect critical habitat with the requirements for 
actions that may affect a listed species. Section 7 of the Act 
prohibits actions funded, authorized, or carried out by Federal 
agencies from jeopardizing the continued existence of a listed species 
or destroying or adversely modifying the listed species' critical 
habitat. Actions likely to ``jeopardize the continued existence'' of a 
species are those that would appreciably reduce the likelihood of the 
species' survival and recovery. Actions likely to ``destroy or 
adversely modify'' critical habitat are those that would appreciably 
reduce the value of critical habitat for the survival and recovery of 
the listed species.
    Common to both definitions is an appreciable detrimental effect on 
both survival and recovery of a listed species. Given the similarity of 
these definitions, actions likely to destroy or adversely modify 
critical habitat would often result in jeopardy to the species

[[Page 35798]]

concerned when the area of the proposed action is occupied by the 
species concerned.
    A number of Federal activities have the potential to destroy or 
adversely modify critical habitat for the bull trout. These activities 
may include:
    (1) Land and water management actions of Federal agencies (e.g., 
Corps, Bureau of Reclamation, USFS, BLM, Natural Resources Conservation 
Service, and Bureau of Indian Affairs) and related or similar actions 
of other Federally regulated projects (e.g., road and bridge 
construction activities by the FHA;
    (2) Dredge and fill projects, sand and gravel mining, and bank 
stabilization activities conducted or authorized by the Corps; and
    (3) National Pollutant Discharge Elimination System permits 
authorized by the Environmental Protection Agency (EPA)).
    Specifically, activities that may destroy or adversely modify 
critical habitat are those that alter the primary constituent elements 
to an extent that the value of critical habitat for both the survival 
and recovery of the bull trout is appreciably reduced. Activities that, 
when carried out, funded, or authorized by a Federal agency, may 
destroy or adversely modify critical habitat for bull trout include, 
but are not limited to:
    (1) Significant and detrimental altering of the existing regime of 
any of the proposed stream segments. Possible actions would include 
groundwater pumping, impoundment, water diversion, and hydropower 
generation.
    (2) Alterations to the proposed stream segments that could 
indirectly cause significant and detrimental effects to bull trout 
habitat. Possible actions include vegetation manipulation, timber 
harvest, road construction and maintenance, prescribed fire, livestock 
grazing, off-road vehicle use, powerline or pipeline construction and 
repair, mining, and urban and suburban development. Riparian vegetation 
profoundly influences instream habitat conditions by providing shade, 
organic matter, root strength, bank stability, and large woody debris 
inputs to streams. These characteristics influence water temperature, 
structure and physical attributes (useable habitat space, depth, width, 
channel roughness, cover complexity), and food supply (Gregory et al. 
1991; Sullivan et al. in Naiman et al. 2000). The importance of 
riparian vegetation and channel bank condition for providing rearing 
habitat for salmonids in general is well documented (e.g., Bossu 1954 
and Hunt 1969, cited in Beschta and Platts 1987; MBTSG 1998);
    (3) Significant and detrimental altering of the channel morphology 
of any of the proposed stream segments. Possible actions would include 
channelization, impoundment, road and bridge construction, deprivation 
of substrate source, destruction and alteration of aquatic or riparian 
vegetation, reduction of available floodplain, removal of gravel or 
floodplain terrace materials, excessive sedimentation from mining, 
livestock grazing, road construction, timber harvest, off-road vehicle 
use, and other watershed and floodplain disturbances. We note that such 
actions in the upper watershed (beyond the riparian area) may also 
destroy or adversely modify critical habitat. For example, timber 
harvest activities and associated road construction in upland areas can 
lead to changes in channel morphology by altering sediment production, 
debris loading, and peak flows;
    (4) Significant and detrimental alterations to the water chemistry 
in any of the proposed stream segments. Possible actions would include 
release of chemical or biological pollutants into the surface water or 
connected groundwater at a point source or by dispersed release (non-
point);
    (5) Activities that are likely to result in the introduction, 
spread, or augmentation of nonnative aquatic species in any of the 
proposed stream segments. Possible actions would include fish stocking 
for sport, aesthetics, biological control, or other purposes; use of 
live bait fish; aquaculture; construction and operation of canals; and 
interbasin water transfers; and
    (6) Activities likely to create significant instream barriers to 
bull trout movement. Possible actions would include water diversions, 
impoundments, and hydropower generation where effective fish passage 
facilities are not provided.
    If you have questions regarding whether specific activities will 
likely constitute destruction or adverse modification of critical 
habitat, contact the Field Supervisor of the nearest Fish and Wildlife 
Ecological Services Office. Requests for copies of the regulations on 
listed wildlife, and inquiries about prohibitions and permits may be 
addressed to the Division of Endangered Species, U.S. Fish and Wildlife 
Service, 911 NE 11th Avenue, Portland, OR 97232-4181 (telephone 503/
231-6158; facsimile 503/231-6243).

Economic Analysis

    Section 4(b)(2) of the Act requires us to designate critical 
habitat on the basis of the best scientific and commercial information 
available, and to consider the economic impact, impact to national 
security, and other relevant impacts of designating a specific area as 
critical habitat. We may exclude areas from critical habitat upon a 
determination that the benefits of such exclusions outweigh the 
benefits of specifying such areas as critical habitat. We cannot 
exclude such areas from critical habitat when such exclusion will 
result in the extinction of the species.
    We will conduct an analysis of the economic impacts of designating 
these areas as critical habitat prior to making a final determination. 
We will announce the availability of the draft economic analysis as 
soon as it is completed, at which time we will seek public review and 
comment. At that time, copies of the draft economic analysis will be 
available for downloading from the Internet at http://pacific.fws.gov/bulltrout, or by contacting the John Young, Bull Trout Coordinator 
directly (see ADDRESSES section).
    We will also evaluate the potential impacts of this proposed 
designation on any relevant factors, including but not limited to, 
national security, tribal nations, and conservation partnerships and 
programs that benefit the bull trout.

Peer Review

    In accordance with our joint policy published in the Federal 
Register on July 1, 1994 (59 FR 34270), we will seek the expert 
opinions of at least three appropriate and independent specialists 
regarding this proposed rule. The purpose of such review is to ensure 
that our critical habitat designation is based on scientifically sound 
data, assumptions, and analyses. We will send these peer reviewers 
copies of this proposed rule immediately following publication in the 
Federal Register. We will invite these peer reviewers to comment, 
during the public comment period, on the specific assumptions and 
conclusions regarding the proposed designation of critical habitat.
    We will consider all comments and information received during the 
comment period on this proposed rule during preparation of a final 
rulemaking. Accordingly, the final decision may differ from this 
proposal.

Required Determinations

Clarity of the Rule

    Executive Order 12866 requires each agency to write regulations and 
notices that are easy to understand. We invite your comments on how to 
make this proposed rule easier to understand, including answers to 
questions such as the following: (1) Are the requirements

[[Page 35799]]

in the proposed rule clearly stated? (2) Does the proposed rule contain 
technical jargon that interferes with the clarity? (3) Does the format 
of the proposed rule (grouping and order of the sections, use of 
headings, paragraphing, and so forth) aid or reduce its clarity? (4) Is 
the description of the notice in the SUPPLEMENTARY INFORMATION section 
of the preamble helpful in understanding the proposed rule? (5) What 
else could we do to make this proposed rule easier to understand?
    Send a copy of any comments on how we could make this proposed rule 
easier to understand to: Office of Regulatory Affairs, Department of 
the Interior, Room 7229, 1849 C Street, NW., Washington, DC 20240. You 
may e-mail your comments to this address: [email protected].

Regulatory Planning and Review

    In accordance with Executive Order 12866, this document is a 
significant rule in that it may raise novel legal and policy issues, 
but it is not anticipated to have an annual effect on the economy of 
$100 million or more or affect the economy in a material way. Due to 
the tight timeline for publication in the Federal Register, the Office 
of Management and Budget (OMB) has not formally reviewed this rule. The 
Service is preparing a draft economic analysis of this proposed action. 
We will use this analysis to meet the requirement of section 4(b)(2) of 
the Act to determine the economic consequences of designating the 
specific areas as critical habitat and possibly excluding any area from 
critical habitat if it is determined that the benefits of such 
exclusion outweigh the benefits of specifying such areas as part of the 
critical habitat, unless failure to designate such area as critical 
habitat will lead to the extinction of the Riverside fairy shrimp. This 
analysis will also be used to determine compliance with Executive Order 
12866, Regulatory Flexibility Act, Small Business Regulatory 
Enforcement Fairness Act, and Executive Order 12630.
    Within these areas, the types of Federal actions or authorized 
activities that we have identified as potential concerns are listed 
above in the section on Section 7 Consultation.
    The availability of the draft economic analysis will be announced 
in the Federal Register and in local newspapers so that it is available 
for public review and comments.

Regulatory Flexibility Act (5 U.S.C. 601 et seq.)

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq., as 
amended by the Small Business Regulatory Enforcement Fairness Act 
(SBREFA) of 1996), whenever an agency is required to publish a notice 
of rulemaking for any proposed or final rule, it must prepare and make 
available for public comment a regulatory flexibility analysis that 
describes the effects of the rule on small entities (i.e., small 
businesses, small organizations, and small government jurisdictions). 
However, no regulatory flexibility analysis is required if the head of 
the agency certifies the rule will not have a significant economic 
impact on a substantial number of small entities. The SBREFA amended 
the Regulatory Flexibility Act (RFA) to require Federal agencies to 
provide a statement of the factual basis for certifying that the rule 
will not have a significant economic impact on a substantial number of 
small entities.
    At this time, we lack the available economic information necessary 
to provide an adequate factual basis for the required RFA finding. 
Therefore, the RFA finding is deferred until completion of the draft 
economic analysis prepared pursuant to section 4(b)(2) of the Act and 
Executive Order 12866. This draft economic analysis will provide the 
required factual basis for the RFA finding. Upon completion of the 
draft economic analysis, we will publish a notice of availability of 
the draft economic analysis of the proposed designation and reopen the 
public comment period for the proposed designation for an additional 60 
days. We will include with the notice of availability, as appropriate, 
an initial regulatory flexibility analysis or a certification that the 
rule will not have a significant economic impact on a substantial 
number of small entities accompanied by the factual basis for that 
determination. We have concluded that deferring the RFA finding until 
completion of the draft economic analysis is necessary to meet the 
purposes and requirements of the RFA. Deferring the RFA finding in this 
manner will ensure that we make a sufficiently informed determination 
based on adequate economic information and provides the necessary 
opportunity for public comment.

Executive Order 13211

    On May 18, 2001, the President issued an Executive Order on 
regulations that significantly affect energy supply, distribution, and 
use. Executive Order 13211 requires agencies to prepare Statements of 
Energy Effects when undertaking certain actions. This proposed rule may 
be a significant regulatory action under Executive Order 12866.
    Currently available information on the potential effects of this 
proposal on energy supply, distribution, and use is very limited and 
does not provide a basis for us to reach a definitive conclusion 
regarding such effects at this time. We will conduct an analysis of the 
potential economic impacts of this proposed critical habitat 
designation, as required under section 4(b)(2) of the Act. The economic 
assessment will include consideration of information relevant to 
effects on energy supply, distribution, and use. We will make the 
economic analysis available for public review and comment before 
completing a final designation. We also expect to obtain information on 
this topic as a result of public comments on the proposed rule. Should 
such economic analysis, public comments, or other information indicate 
that this rule will significantly affect energy supply, distribution, 
and use, we will take any actions that are appropriate.

Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.)

    In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 
1501), the Service makes the following findings:
    (a) This rule will not produce a Federal mandate. In general, a 
Federal mandate is a provision in legislation, statute or regulation 
that would impose an enforceable duty upon State, local, tribal 
governments, or the private sector and includes both ``Federal 
intergovernmental mandates'' and ``Federal private sector mandates.'' 
These terms are defined in 2 U.S.C. 658(5)-(7). ``Federal 
intergovernmental mandate'' includes a regulation that ``would impose 
an enforceable duty upon State, local, or tribal governments'' with two 
exceptions. It excludes ``a condition of federal assistance.'' It also 
excludes ``a duty arising from participation in a voluntary Federal 
program,'' unless the regulation ``relates to a then-existing Federal 
program under which $500,000,000 or more is provided annually to State, 
local, and tribal governments under entitlement authority,'' if the 
provision would ``increase the stringency of conditions of assistance'' 
or ``place caps upon, or otherwise decrease, the Federal Government's 
responsibility to provide funding'' and the State, local, or tribal 
governments ``lack authority'' to adjust accordingly. (At the time of 
enactment, these entitlement programs were: Medicaid; AFDC work 
programs; Child Nutrition; Food Stamps; Social Services Block Grants; 
Vocational Rehabilitation State Grants; Foster Care, Adoption 
Assistance, and Independent Living;

[[Page 35800]]

Family Support Welfare Services; and Child Support Enforcement.) 
``Federal private sector mandate'' includes a regulation that ``would 
impose an enforceable duty upon the private sector, except (i) a 
condition of Federal assistance; or (ii) a duty arising from 
participation in a voluntary Federal program.''
    The designation of critical habitat does not impose a legally 
binding duty on non-Federal government entities or private parties. 
Under the Act, the only regulatory effect is that Federal agencies must 
ensure that their actions do not destroy or adversely modify critical 
habitat under section 7. While non-Federal entities who receive Federal 
funding, assistance, permits or otherwise require approval or 
authorization from a Federal agency for an action may be indirectly 
impacted by the designation of critical habitat, the legally binding 
duty to avoid destruction or adverse modification of critical habitat 
rests squarely on the Federal agency. Furthermore, to the extent that 
non-Federal entities are indirectly impacted because they receive 
Federal assistance or participate in a voluntary Federal aid program, 
the Unfunded Mandates Reform Act would not apply; nor would critical 
habitat shift the costs of the large entitlement programs listed above 
on to State governments.
    (b) Due to current public knowledge of the species' protection, the 
prohibition against take of the species both within and outside of the 
designated areas, and the fact that critical habitat provides no 
incremental restrictions, we do not anticipate that this rule will 
significantly or uniquely affect small governments. As such, Small 
Government Agency Plan is not required. We will, however, further 
evaluate this issue as we conduct our economic analysis and revise this 
assessment if appropriate.

Takings

    In accordance with Executive Order 12630, the rule does not have 
significant takings implications. A takings implication assessment is 
not required. The designation of critical habitat affects only Federal 
agency actions. The rule will not increase or decrease the current 
restrictions on private property concerning take of the bull trout. Due 
to current public knowledge of the species' protection, the prohibition 
against take of the species both within and outside of the designated 
areas, and the fact that critical habitat provides no incremental 
restrictions, we do not anticipate that property values will be 
affected by the proposed critical habitat designation. While real 
estate market values may temporarily decline following designation, due 
to the perception that critical habitat designation may impose 
additional regulatory burdens on land use, we expect any such impacts 
to be short term. Additionally, critical habitat designation does not 
preclude development of HCPs and issuance of incidental take permits. 
Owners of areas that are included in the designated critical habitat 
will continue to have opportunity to use their property in ways 
consistent with the survival of the bull trout.''

Federalism

    In accordance with Executive Order 13132, the rule does not have 
significant Federalism effects. A Federalism assessment is not 
required. In keeping with DOI and Department of Commerce policy, we 
requested information from, and coordinated development of, this 
proposed critical habitat designation with appropriate State resource 
agencies. The designation of critical habitat in areas currently 
occupied by the bull trout imposes no additional restrictions to those 
currently in place and, therefore, has little incremental impact on 
State and local governments and their activities. The designation may 
have some benefit to these governments in that the areas essential to 
the conservation of the species are more clearly defined, and the 
primary constituent elements of the habitat necessary to the survival 
of the species are specifically identified. While making this 
definition and identification does not alter where and what federally 
sponsored activities may occur, it may assist these local governments 
in long-range planning (rather than waiting for case-by-case section 7 
consultations to occur).

Civil Justice Reform

    In accordance with Executive Order 12988, the Office of the 
Solicitor has determined that the rule does not unduly burden the 
judicial system and meets the requirements of sections 3(a) and 3(b)(2) 
of the Order. We have proposed designating critical habitat in 
accordance with the provisions of the Endangered Species Act. This 
proposed rule uses standard property descriptions and identifies the 
primary constituent elements within the designated areas to assist the 
public in understanding the habitat needs of the bull trout.

Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)

    This rule does not contain any new collections of information that 
require approval by OMB under the Paperwork Reduction Act. This rule 
will not impose recordkeeping or reporting requirements on State or 
local governments, individuals, businesses, or organizations. An agency 
may not conduct or sponsor, and a person is not required to respond to, 
a collection of information unless it displays a currently valid OMB 
control number.

National Environmental Policy Act

    It is our position that, outside the Tenth Circuit, we do not need 
to prepare environmental analyses as defined by the National 
Environmental Policy Act in connection with designating critical 
habitat under the Endangered Species Act of 1973, as amended. We 
published a notice outlining our reasons for this determination in the 
Federal Register on October 25, 1983 (48 FR 49244). This assertion was 
upheld in the courts of the Ninth Circuit (Douglas County v. Babbitt, 
48 F.3d 1495 (9th Cir. Ore. 1995), cert. denied 116 S. Ct. 698 (1996)).

Government-to-Government Relationship With Tribes

    In accordance with the President's memorandum of April 29, 1994, 
``Government-to-Government Relations with Native American Tribal 
Governments'' (59 FR 22951), Executive Order 13175, and 512 DM 2, we 
are coordinating with federally recognized Tribes on a government-to-
government basis. Further, Secretarial Order 3206, ``American Indian 
Tribal Rights, Federal-Tribal Trust Responsibilities, and the 
Endangered Species Act'' (1997) provides that critical habitat should 
not be designated in an area that may impact Tribal trust resources 
unless it is determined to be essential to the conservation of a listed 
species. The Secretarial Order further states that in designating 
critical habitat, ``the Service shall evaluate and document the extent 
to which the conservation needs of a listed species can be achieved by 
limiting the designation to other lands.''
    During our development of this proposed critical habitat 
designation for the Jarbidge River, Coastal-Puget Sound, and Saint 
Mary-Belly River populations of bull trout, we evaluated Tribal lands 
to determine if they are essential to the conservation of the species. 
There are no Tribal lands proposed as critical habitat within the 
Jarbidge River population area.
    Within the Coastal-Puget Sound population, we have proposed to 
designate critical habitat for portions of land within or adjacent to 
the following Tribal reservations: Lummi Indian Reservation, Swinomish 
Indian

[[Page 35801]]

Reservation, Sauk-Suiattle Indian Reservation, Tulalip Indian 
Reservation, Muckleshoot Indian Reservation, Puyallup Indian 
Reservation, Nisqually Indian Reservation, Skokomish Indian 
Reservation, Jamestown S'Klallam Tribal lands, Lower Elwha S'Klallam 
Indian Reservation, Hoh Indian Reservation, Quinault Indian 
Reservation, and Chehalis Indian Reservation. We are proposing to 
exclude most of the Quinault Indian Reservation based on their Forest 
Management Plan. We have met with the Northwest Indian Fisheries 
Commission and some of the Tribes they represent. We plan to meet with 
the balance of the Tribes in the Olympic Peninsula and Puget Sound area 
to consult with them regarding the bull trout critical habitat process, 
and to discuss any existing or planned Tribal conservation measures for 
bull trout and the appropriateness of excluding additional Tribal lands 
in the final designation.
    Within the Saint Mary-Belly River population, none of the Belly 
River headwaters is under Tribal jurisdiction. For the Saint Mary 
portion of the bull trout population, we have proposed critical habitat 
within the Blackfeet Reservation.
    No specific management plans exist to guide Tribal fishery resource 
decisions in the Saint Mary-Belly River population. We conduct 
management surveys and make stocking recommendations and other 
proposals to the Tribe for their approval and implementation. Creston 
National Fish Hatchery conducts fish stocking activities in Tribal 
lakes per those recommendations.
    We have had a number of government-to-government meetings with 
Blackfeet Tribal Council representatives to discuss bull trout critical 
habitat and associated recovery issues. The Blackfeet Fish and Wildlife 
Director or their representative biologist has been generally 
supportive of the development of this critical habitat proposal (Ira 
Newbreast, Blackfeet Tribe, pers. comm. 2002; G. Skunkcap, Blackfeet 
Tribe, pers. comm. 2002, 2003).
    A total of approximately 229 mi (368 km) of stream segments on 
Tribal land within the Coastal-Puget Sound and Saint Mary-Belly River 
populations of bull trout are included in our proposed critical habitat 
designation. We will work closely with Tribes to protect essential bull 
trout habitat. We are committed to maintaining a positive working 
relationship with all of the Tribes, and will work with them on 
developing resource management plans for Tribal lands that include 
conservation measures for bull trout. We were required to prepare this 
critical habitat designation based on our analysis of whether habitat 
within these Tribal reservation lands is essential to the conservation 
of the species and may require special management considerations or 
protection. Prior to issuing a final determination, we will be 
consulting with Tribes that are included in this proposed designation 
of critical habitat, to assess the appropriateness of excluding those 
areas based on the conservation measures provided for the species. 
Please refer to the Relationship to Section 4(b)(2) of the Act--
Relationship to Tribal Lands section of this rule for a more detailed 
discussion of Tribal lands included within this proposal.

References Cited

    A complete list of all references cited in this proposed rule is 
available on request from the U.S. Fish and Wildlife Service, Branch of 
Endangered Species Office, Portland, OR (see ADDRESSES section).

Authors

    The primary authors of this proposed rule are: John Young, U.S. 
Fish and Wildlife Service, Regional Office, Portland, OR; Wade 
Fredenberg, U.S. Fish and Wildlife Service, Creston Fish and Wildlife 
Center, Kalispell, MT; Selena Werdon, U.S. Fish and Wildlife Service, 
Nevada State Office, Reno, NV; Jeff Chan and Shelley Spalding, U.S. 
Fish and Wildlife Service, Western Washington Office, Lacey, WA.

List of Subjects in 50 CFR Part 17

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

Proposed Regulation Promulgation

    Accordingly, we propose to amend part 17, subchapter B of chapter 
I, title 50 of the Code of Federal Regulations as set forth below:

PART 17--[AMENDED]

    1. The authority citation for part 17 continues to read as follows:

    Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C. 
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.

    2. Critical habitat for the bull trout (Salvelinus confluentus) in 
Sec.  17.95(e) which was proposed on November 29, 2002, at 67 FR 71236, 
is proposed to be further amended by revising paragraphs (1), (2), and 
(4), and adding paragraphs (30) through (34) as follows:


Sec.  17.95  Critical habitat--fish and wildlife.

* * * * *
    (e) * * *
    Bull Trout (Salvelinus confluentus)
    (1) Critical habitat is designated in the following counties and as 
described in paragraphs (2) through (34)

------------------------------------------------------------------------
               State                              Counties
------------------------------------------------------------------------
Idaho.............................  Adams, Benewah, Blaine, Boise,
                                     Bonner, Boundary, Butte,
                                     Clearwater, Custer, Idaho,
                                     Kootenai, Lemhi, Latah, Lewis, Nez
                                     Perce, Owyhee, Pend Oreille,
                                     Shoshone, Valley, Washington.
Montana...........................  Flathead, Glacier, Lake, Lewis and
                                     Clark, Lincoln, Mineral, Missoula,
                                     Powell, Ravalli, Sanders.
Nevada............................  Elko.
Oregon............................  Baker, Columbia, Crook, Deschutes,
                                     Gilliam, Grant, Harney, Hood River,
                                     Jefferson, Klamath, Lane, Linn,
                                     Malheur, Morrow, Multnomah,
                                     Sherman, Umatilla, Union, Wallowa,
                                     Wasco, Wheeler.
Washington........................  Asotin, Benton, Chelan, Clallam,
                                     Columbia, Clark, Cowlitz, Douglas,
                                     Franklin, Garfield, Grays Harbor,
                                     Island, King, Kittitas, Klickitat,
                                     Mason, Okanogan, Pacific, Pend
                                     Oreille, Pierce, Skagit, Skamania,
                                     Snohomish, Thurston, Wahkiakum,
                                     Walla Walla, Whitman, Yakima.
------------------------------------------------------------------------

    (2) Critical habitat includes the stream channels within the 
proposed stream reaches and inshore extent of critical habitat for 
marine nearshore areas (the mean high high-water (MHHW) line), 
including tidally influenced freshwater heads of estuaries indicated on 
the maps in paragraphs (30) through (34).
    (i) Critical habitat includes the stream channels within the 
proposed stream reaches, and includes a lateral extent from the 
bankfull elevation on one bank to the bankfull elevation on the 
opposite bank. Bankfull elevation is the level at which water begins to 
leave the channel

[[Page 35802]]

and move into the floodplain and is reached at a discharge that 
generally has a recurrence interval of 1 to 2 years on the annual flood 
series. If bankfull elevation is not evident on either bank, the 
ordinary high-water line shall be used to determine the lateral extent 
of critical habitat. The lateral extent of proposed lakes and 
reservoirs is defined by the perimeter of the water body as mapped on 
standard 1:24,000 scale topographic maps.
    (ii) Critical habitat includes the inshore extent of critical 
habitat for marine nearshore areas (the MHHW line), including tidally 
influenced freshwater heads of estuaries. This refers to the average of 
all the higher high water heights of the two daily tidal levels. 
Adjacent shoreline riparian areas, bluffs and uplands are not proposed 
as critical habitat.
    However, it should be recognized that the quality of marine habitat 
along shorelines is intrinsically related to the character of these 
adjacent features, and human activities that occur outside of the MHHW 
can have major effects on physical and biological features of the 
marine environment. The offshore extent of critical habitat for marine 
nearshore areas is based on the extent of the photic zone, which is the 
layer of water in which organisms are exposed to light. Critical 
habitat extends offshore to the depth of 33 ft (10 m) relative to the 
MLLW (average of all the lower low-water heights of the two daily tidal 
levels). This equates to the average depth of the photic zone, and is 
consistent with the offshore extent of the nearshore habitat identified 
under the Puget Sound Nearshore Ecosystem Restoration Project (NOAA 
2000; 68 FR 31689). This area between MHHW and minus 10 MLLW is 
considered the habitat most consistently used by bull trout in marine 
waters based on known use, forage fish availability, and ongoing 
migration studies, and captures geological and ecological processes 
important to maintaining these habitats. This area contains essential 
foraging habitat and migration corridors such as estuaries, bays, 
inlets, shallow subtidal areas, and intertidal flats.
* * * * *
    (4) Critical habitat does not include non-Federal lands covered by 
an incidental take permit for bull trout issued under section 
10(a)(1)(B) of the Endangered Species Act of 1973, as amended on or 
before the date of publication of the final rule, as long as such 
permit, or a conservation easement providing comparable conservation 
benefits, remains legally operative on such lands.
* * * * *
    (30) Index map of proposed critical habitat for the Olympic 
Peninsula, Puget Sound, Jarbidge, and Saint Mary-Belly populations of 
bull trout follows:
BILLING CODE 4310-55-P

[[Page 35803]]

[GRAPHIC] [TIFF OMITTED] TP25JN04.000

    (31) Unit 26: Jarbidge River Unit
    (i) Unit 26--Jarbidge River Unit Descriptions:

[[Page 35804]]



----------------------------------------------------------------------------------------------------------------
                                                   From                                     To
         Location--name          -------------------------------------------------------------------------------
                                       Latitude            Longitude           Latitude            Longitude
----------------------------------------------------------------------------------------------------------------
A1--Jarbidge River..............  42.329 N.           115.651 W.          42.049 N.           115.390 W.
B1--West Fork Jarbidge River....  42.049 N.           115.390 W.          41.780 N.           115.377 W.
B2--Unnamed W Trib off Jarbidge   41.792 N.           115.396 W.          41.781 N.           115.392 W.
 R.
B3--Sawmill Creek...............  41.794 N.           115.398 W.          41.785 N.           115.405 W.
C1--Deer Creek..................  41.933 N.           115.419 W.          41.849 N.           115.454 W.
D1--Jack Creek..................  41.912 N.           115.424 W.          41.857 N.           115.380 W.
E1--Pine Creek..................  41.834 N.           115.424 W.          41.779 N.           115.464 W.
E2--Unnamed W Trib off Pine       41.803 N.           115.446 W.          41.802 N.           115.464 W.
 Creek.
E3--Unnamed E Trib off Pine       41.786 N.           115.454 W.          41.779 N.           115.428 W.
 Creek.
F1--East Fork Jarbidge River....  42.049 N.           115.390 W.          41.762 N.           115.347 W.
F2--Unnamed Headwater Trib off E  41.782 N.           115.329 W.          41.767 N.           115.351 W.
 Fk Jarbidge R.
F3--Fall Creek..................  41.856 N.           115.314 W.          41.815 N.           115.372 W.
F4--Unnamed Lower Trib off Fall   41.849 N.           115.327 W.          41.845 N.           115.365 W.
 Cr.
F5--Unnamed Upper Trib off Fall   41.843 N.           115.334 W.          41.834 N.           115.366 W.
 Cr.
F6--Cougar Creek................  41.840 N.           115.320 W.          41.799 N.           115.369 W.
G1--Dave Creek..................  41.995 N.           115.352 W.          41.864 N.           115.358 W.
H1--Slide Creek.................  41.867 N.           115.312 W.          41.860 N.           115.253 W.
H2--Gods Pocket Creek...........  41.847 N.           115.292 W.          41.794 N.           115.295 W.
H3--Unnamed Lower Trib off Slide  41.839 N.           115.276 W.          41.818 N.           115.271 W.
 Cr.
H4--Unnamed Upper Trib off Slide  41.838 N.           115.264 W.          41.817 N.           115.246 W.
 Cr.
H5--Unnamed N Headwater Trib off  41.859 N.           115.252 W.          41.863 N.           115.250 W.
 Slide Cr.
H6--Unnamed E Headwater Trib off  41.860 N.           115.250 W.          41.861 N.           115.247 W.
 Slide Cr.
----------------------------------------------------------------------------------------------------------------

    (ii) Map of Unit 26--Jarbidge River Unit follows:

[[Page 35805]]

[GRAPHIC] [TIFF OMITTED] TP25JN04.001


[[Page 35806]]



----------------------------------------------------------------------------------------------------------------
                                                   From                                     To
         Location--name          -------------------------------------------------------------------------------
                                       Latitude            Longitude           Latitude            Longitude
----------------------------------------------------------------------------------------------------------------
iA1--Skokomish River............  47.335 N.           123.116 W.          47.315 N.           123.238 W.
iA2--Nalley Slough..............  47.334 N.           123.130 W.          47.328 N.           123.130 W.
iA3--Skobob Creek...............  47.328 N.           123.131 W.          47.328 N.           123.174 W.
iA4--Purdy Creek................  47.307 N.           123.160 W.          47.302 N.           123.181 W.
iA5--Richert Spring.............  47.320 N.           123.218 W.          47.320 N.           123.224 W.
iB1--South Fork Skokomish River.  47.315 N.           123.238 W.          47.488 N.           123.454 W.
iB2--Brown Creek................  47.412 N.           123.318 W.          47.455 N.           123.259 W.
iB3--Lebar Creek................  47.417 N.           123.329 W.          47.427 N.           123.319 W.
iB4--Pine Creek.................  47.446 N.           123.416 W.          47.443 N.           123.429 W.
iB5--Church Creek...............  47.461 N.           123.450 W.          47.460 N.           123.455 W.
iC1--North Fork Skokomish River   47.315 N.           123.238 W.          47.398 N.           123.200 W.
 (Lower).
iC2--North Fork Skokomish River   47.419 N.           123.224 W.          47.539 N.           123.380 W.
 (Upper).
iC3--Lake Cushman...............                 Located at               47.478 N.           123.252 W.
iC4--Elk Creek W................  47.515 N.           123.330             47.510 N.           123.344 W.
iC5--Slate Creek W..............  47.521 N.           123.335             47.529 N.           123.319 W.
----------------------------------------------------------------------------------------------------------------

    (A) Map of Unit 27--Olympic Peninsula River Basin--Skokomish 
Critical Habitat Subunit follows:

[[Page 35807]]

[GRAPHIC] [TIFF OMITTED] TP25JN04.002

    (B) [Reserved]
    (ii) Dungeness River Critical Habitat Subunit Descriptions:

[[Page 35808]]



----------------------------------------------------------------------------------------------------------------
                                                   From                                     To
         Location--name          -------------------------------------------------------------------------------
                                       Latitude            Longitude           Latitude            Longitude
----------------------------------------------------------------------------------------------------------------
iiA1--Dungeness River...........  48.151 N.           123.133 W.          47.942 N.           123.091 W.
iiA2--Hurd Creek................  48.124 N.           123.142 W.          48.118 N.           123.142 W.
iiA3--Gray Wolf River...........  47.977 N.           123.111 W.          47.916 N.           123.242 W.
iiA4--Gold Creek................  47.942 N.           123.091 W.          47.933 N.           123.062 W.
----------------------------------------------------------------------------------------------------------------

     (iii) Elwha River Critical Habitat Subunit Descriptions:

----------------------------------------------------------------------------------------------------------------
                                                   From                                     To
         Location--name          -------------------------------------------------------------------------------
                                       Latitude            Longitude           Latitude            Longitude
----------------------------------------------------------------------------------------------------------------
iiiA1--Elwha River..............  48.151 N.           123.558 W.          47.771 N.           123.580 W.
iiiA2--Lake Aldwell.............                Located at                48.080 N.           123.570 W.
iiiA3--Mills Lake...............                 Located at               47.990 N.           123.604 W.
iiiA4--Little River.............  48.063 N.           123.576 W.          48.033 N.           123.456 W.
iiiA5--Hughes Creek.............  48.025 N.           123.594 W.          48.026 N.           123.598 W.
iiiA6--Griff Creek..............  48.013 N.           123.591 W.          48.023 N.           123.593 W.
iiiA7--Boulder Creek............  47.982 N.           123.602 W.          47.979 N.           123.612 W.
iiiA8--Cat Creek................  47.971 N.           123.593 W.          47.946 N.           123.642 W.
iiiA9--Prescott Creek...........  47.903 N.           123.490 W.          47.904 N.           123.486 W.
iiiA10--Hayes River.............  47.808 N.           123.453 W.          47.803 N.           123.428 W.
iiiA11--Godkin Creek............  47.760 N.           123.464 W.          47.752 N.           123.451 W.
iiiA12--Buckinghorse Creek......  47.747 N.           123.481 W.          47.739 N.           123.484 W.
iiiA13--Delabarre Creek.........  47.735 N.           123.526 W.          47.726 N.           123.527 W.
----------------------------------------------------------------------------------------------------------------

    (A) Map of Unit 27--Olympic Peninsula River Basins--Dungeness River 
and Elwha River critical habitat subunits follow:

[[Page 35809]]

[GRAPHIC] [TIFF OMITTED] TP25JN04.003

    (B) [Reserved]
    (iv) Hoh Critical Habitat Subunit Descriptions:

[[Page 35810]]



----------------------------------------------------------------------------------------------------------------
                                                   From                                     To
         Location--name          -------------------------------------------------------------------------------
                                       Latitude            Longitude           Latitude            Longitude
----------------------------------------------------------------------------------------------------------------
ivA1--Hoh River.................  47.751 N.           124.437 W.          47.878 N.           123.688 W.
ivA2--Nolan Creek...............  47.752 N.           124.343 W.          47.743 N.           124.201 W.
ivA3--Winfield Creek............  47.810 N.           124.231 W.          47.783 N.           124.142 W.
ivA4--Owl Creek.................  47.805 N.           124.078 W.          47.780 N.           124.037 W.
ivA5--South Fork Hoh River......  47.820 N.           124.022 W.          47.764 N.           123.785 W.
ivA6--Mount Tom Creek...........  47.868 N.           123.887 W.          47.819 N.           123.820 W.
ivA7--Cougar Creek..............  47.862 N.           123.859 W.          47.868 N.           123.853 W.
ivA8--OGS Creek.................  47.878 N.           123.770 W.          47.879 N.           123.767 W.
ivA9--Hoh Creek.................  47.877 N.           123.753 W.          47.883 N.           123.750 W.
----------------------------------------------------------------------------------------------------------------

    (A) Map of Unit 27--Olympic Peninsula River Basins--Hoh critical 
habitat subunit follows:

[[Page 35811]]

[GRAPHIC] [TIFF OMITTED] TP25JN04.004

    (B) [Reserved]
    (v) Queets Critical Habitat Subunit Descriptions:

[[Page 35812]]



----------------------------------------------------------------------------------------------------------------
                                                   From                                     To
         Location--name          -------------------------------------------------------------------------------
                                       Latitude            Longitude           Latitude            Longitude
----------------------------------------------------------------------------------------------------------------
vA1--Queets River...............  47.544 N.           124.354 W.          47.758 N.           123.657 W.
vA2--Clearwater River...........  47.546 N.           124.291 W.          47.730 N.           123.934 W.
vA3--Salmon River...............  47.557 N.           124.219 W.          47.524 N.           124.040 W.
vA4--Matheny Creek..............  47.576 N.           124.113 W.          47.543 N.           123.835 W.
vA5--Sams River.................  47.625 N.           124.012 W.          47.604 N.           123.851 W.
vA6--Tshletshy Creek............  47.666 N.           123.923 W.          47.606 N.           123.739 W.
----------------------------------------------------------------------------------------------------------------

    (A) Map of Unit 27--Olympic Peninsula River Basins--Queets critical 
habitat subunit follows:

[[Page 35813]]

[GRAPHIC] [TIFF OMITTED] TP25JN04.005

    (B) [Reserved]
    (vi) Quinault Critical Habitat Subunit Descriptions:

[[Page 35814]]



----------------------------------------------------------------------------------------------------------------
                                                   From                                     To
         Location--name          -------------------------------------------------------------------------------
                                       Latitude            Longitude           Latitude            Longitude
----------------------------------------------------------------------------------------------------------------
viA1--Quinault River............  47.349 N.           124.299 W.          47.687 N.           123.371 W.
viA2--Quinault Lake.............                 Located at               47.566 N.           123.673 W.
viA3--Cook Creek................  47.371 N.           124.061 W.          47.359 N.           123.995 W.
viA4--O'Neil Creek..............  47.616 N.           123.470 W.          47.610 N.           123.463 W.
viA5--Ignar Creek...............  47.639 N.           123.432 W.          47.637 N.           123.429 W.
viA6--Pyrites Creek.............  47.639 N.           123.432 W.          47.644 N.           123.435 W.
viB1--Irely Lake................                 Located at               47.566 N.           123.673 W.
viB2--Irely Creek...............  47.565 N.           123.678 W.          47.567 N.           123.672 W.
viB3--Big Creek.................  47.518 N.           123.773 W.          47.566 N.           123.680 W.
viC1--North Fork Quinault River.  47.540 N.           123.666 W.          47.654 N.           123.646 W.
viC2--Rustler Creek.............  47.617 N.           123.615 W.          47.629 N.           123.568 W.
----------------------------------------------------------------------------------------------------------------

    (A) Map of Unit 27--Olympic Peninsula River Basins--Quinault 
critical habitat subunit follows:

[[Page 35815]]

[GRAPHIC] [TIFF OMITTED] TP25JN04.006

    (B) [Reserved]
    (vii) Hood Canal Critical Habitat Subunit Descriptions:

[[Page 35816]]



----------------------------------------------------------------------------------------------------------------
                                                   From                                     To
         Location--name          -------------------------------------------------------------------------------
                                       Latitude            Longitude           Latitude            Longitude
----------------------------------------------------------------------------------------------------------------
viiA1--Hood Canal Marine........  47.685 N.           122.800 W.          47.434 N.           122.841 W.
----------------------------------------------------------------------------------------------------------------

    (A) Map of Unit 27--Olympic Peninsula River Basins--Hood Canal 
critical habitat subunit follows:

[[Page 35817]]

[GRAPHIC] [TIFF OMITTED] TP25JN04.007

    (B) [Reserved]
    (viii) Strait of Juan de Fuca Critical Habitat Subunit 
Descriptions:

[[Page 35818]]



----------------------------------------------------------------------------------------------------------------
                                                   From                                     To
         Location--name          -------------------------------------------------------------------------------
                                       Latitude            Longitude           Latitude            Longitude
----------------------------------------------------------------------------------------------------------------
viiiA1--Strait of Juan de Fuca    48.103 N.           122.884 W.          48.217 N.           124.100 W.
 Marine.
viiiA2--Bell Creek..............  48.083 N.           123.052 W.          48.057 N.           123.102 W.
viiiA3--Siebert Creek...........  48.121 N.           123.289 W.          48.049 N.           123.291 W.
viiiA4--Morse Creek.............  48.118 N.           123.350 W.          48.064 N.           123.346 W.
viiiA5--Ennis Creek.............  48.117 N.           123.404 W.          48.053 N.           123.410 W.
----------------------------------------------------------------------------------------------------------------

    (A) Map of Unit 27--Olympic Peninsula River Basins--Strait of Juan 
de Fuca critical habitat subunit follows:

[[Page 35819]]

[GRAPHIC] [TIFF OMITTED] TP25JN04.008

    (B) [Reserved]
    (ix) Pacific Coast Critical Habitat Subunit Descriptions:

[[Page 35820]]



----------------------------------------------------------------------------------------------------------------
                                                   From                                     To
         Location--name          -------------------------------------------------------------------------------
                                       Latitude            Longitude           Latitude            Longitude
----------------------------------------------------------------------------------------------------------------
ixA1--Pacific Coast Marine......  48.003 N.           124.678 W.          46.927 N.           124.179 W.
ixA2--Goodman Creek.............  47.825 N.           124.512 W.          47.835 N.           124.338 W.
ixA3--Mosquito Creek............  47.799 N.           124.481 W.          47.787 N.           124.382 W.
ixA4--Cedar Creek...............  47.712 N.           124.415 W.          47.717 N.           124.335 W.
ixA5--Steamboat Creek...........  47.679 N.           124.403 W.          47.688 N.           124.349 W.
ixA6--Kalaloch Creek............  47.607 N.           124.374 W.          47.637 N.           124.360 W.
ixA7--Raft River................  47.462 N.           124.341 W.          47.449 N.           124.219 W.
ixA8--Moclips River.............  47.248 N.           124.219 W.          47.260 N.           124.122 W.
ixA9--Joe Creek.................  47.206 N.           124.202 W.          47.217 N.           124.153 W.
ixA10--Copalis River............  47.133 N.           124.180 W.          47.234 N.           124.020 W.
----------------------------------------------------------------------------------------------------------------

    (A) Map of Unit 27--Olympic Peninsula River Basins--Pacific Coast 
critical habitat subunit follows:

[[Page 35821]]

[GRAPHIC] [TIFF OMITTED] TP25JN04.009

    (B) [Reserved]
    (x) Chehalis River/Grays Harbor Critical Habitat Subunit 
Descriptions:

[[Page 35822]]



----------------------------------------------------------------------------------------------------------------
                                                   From                                     To
         Location--name          -------------------------------------------------------------------------------
                                       Latitude            Longitude           Latitude            Longitude
----------------------------------------------------------------------------------------------------------------
xA1--Grays Harbor Marine........  46.927 N.           124.179 W.          46.906 N.           124.138 W.
xA2--Humptulips River...........  47.045 N.           124.048 W.          47.247 N.           123.888 W.
xA3--Wishkah River..............  46.973 N.           123.806 W.          47.261 N.           123.713 W.
xB1--Chehalis River.............  46.962 N.           123.823 W.          46.819 N.           123.252 W.
xB2--Wynoochee River............  46.962 N.           123.606 W.          47.385 N.           123.604 W.
xC1--Satsop River...............  46.979 N.           123.480 W.          47.035 N.           123.524 W.
xC2--West Fork Satsop River.....  47.035 N.           123.524 W.          47.360 N.           123.565 W.
xC3--Canyon River...............  47.211 N.           123.551 W.          47.338 N.           123.498 W.
----------------------------------------------------------------------------------------------------------------

    (A) Map of Unit 27--Olympic Peninsula River Basins--Chehalis River/
Grays Harbor critical habitat subunit follows:

[[Page 35823]]

[GRAPHIC] [TIFF OMITTED] TP25JN04.010

    (B) [Reserved]
    (33) Unit 28--Puget Sound Basins:
    (i) Chilliwack Critical Habitat Subunit Descriptions:

[[Page 35824]]



----------------------------------------------------------------------------------------------------------------
                                                   From                                     To
         Location--name          -------------------------------------------------------------------------------
                                       Latitude            Longitude           Latitude            Longitude
----------------------------------------------------------------------------------------------------------------
iA1--Chilliwack River...........  49.000 N.           121.410 W.          48.878 N.           121.486 W.
iA2--Bear Creek.................  48.965 N.           121.387 W.          48.966 N.           121.382 W.
iA3--Indian Creek...............  48.947 N.           121.397 W.          48.935 N.           121.394 W.
iA4--Brush Creek................  48.913 N.           121.423 W.          48.909 N.           121.422 W.
iA5--Easy Creek.................  48.889 N.           121.457 W.          48.882 N.           121.455 W.
iA6--Little Chilliwack River....  48.993 N.           121.407 W.          48.962 N.           121.477 W.
iB1--Depot Creek................  48.997 N.           121.323 W.          48.986 N.           121.292 W.
iC1--Silesia Creek..............  48.999 N.           121.612 W.          48.911 N.           121.484 W.
----------------------------------------------------------------------------------------------------------------

    (A) Map of Unit 28--Puget Sound Basins--Chilliwack critical habitat 
subunit follows:

[[Page 35825]]

[GRAPHIC] [TIFF OMITTED] TP25JN04.011

    (ii) Nooksack Critical Habitat Subunit Descriptions:

[[Page 35826]]



----------------------------------------------------------------------------------------------------------------
                                                   From                                     To
         Location--name          -------------------------------------------------------------------------------
                                       Latitude            Longitude           Latitude            Longitude
----------------------------------------------------------------------------------------------------------------
iiA1--Nooksack River............  48.771 N.           122.598 W.          48.834 N.           122.154 W.
iiA2--Smith Creek...............  48.856 N.           122.299 W.          48.841 N.           122.261 W.
iiB1--North Fork Nooksack River.  48.834 N.           122.154 W.          48.907 N.           121.803 W.
iiB2--Racehorse Creek...........  48.889 N.           122.144 W.          48.884 N.           122.129 W.
iiB3--Kendall Creek.............  48.887 N.           122.148 W.          48.922 N.           122.144 W.
iiB4--Maple Creek...............  48.912 N.           122.078 W.          48.927 N.           122.076 W.
iiB5--Boulder Creek.............  48.925 N.           122.036 W.          48.937 N.           122.020 W.
iiB6--McDonald Creek (stream      48.921 N.           122.015 W.          48.912 N.           122.018 W.
 catalog 0435).
iiB7--Wildcat Creek.............  48.909 N.           122.000 W.          48.896 N.           122.005 W.
iiB8--Canyon Creek..............  48.906 N.           121.988 W.          48.932 N.           121.950 W.
iiB9--Hedrick Creek.............  48.899 N.           121.970 W.          48.890 N.           121.980 W.
iiB10--Cornell Creek............  48.899 N.           121.968 W.          48.887 N.           121.959 W.
iiB11--Gallop Creek.............  48.894 N.           121.942 W.          48.882 N.           121.946 W.
iiB12--Son of Gallop............  48.889 N.           121.942 W.          48.884 N.           121.939 W.
iiC1--Glacier Creek.............  48.892 N.           121.938 W.          48.812 N.           121.889 W.
iiC2--Little Creek..............  48.884 N.           121.933 W.          48.876 N.           121.936 W.
iiC3--Davis Creek...............  48.882 N.           121.930 W.          48.879 N.           121.929 W.
iiC4--Thompson Creek............  48.879 N.           121.913 W.          48.892 N.           121.879 W.
iiC5--Deep Creek................  48.869 N.           121.907 W.          48.868 N.           121.910 W.
iiC6--Unnamed tributary (stream   48.844 N.           121.901 W.          48.845 N.           121.895 W.
 catalog 0476).
iiC7--Coal Creek (upper)........  48.839 N.           121.902 W.          48.838 N.           121.905 W.
iiC8--Falls Creek...............  48.834 N.           121.901 W.          48.824 N.           121.905 W.
iiD1--Boyd Creek................  48.903 N.           121.862 W.          48.897 N.           121.864 W.
iiD2--Cascade Creek.............  48.904 N.           121.838 W.          48.904 N.           121.838 W.
iiD3--Deerhorn Creek............  48.903 N.           121.857 W.          48.906 N.           121.856 W.
iiD4--Ditch Creek...............  48.904 N.           121.850 W.          48.902 N.           121.848 W.
iiD5--Chainup Creek.............  48.904 N.           121.839 W.          48.908 N.           121.839 W.
iiD6--Deadhorse Creek...........  48.904 N.           121.837 W.          48.900 N.           121.835 W.
iiD7--Powerhouse Creek..........  48.908 N.           121.814 W.          48.911 N.           121.817 W.
iiD8--Wells Creek...............  48.905 N.           121.808 W.          48.890 N.           121.790 W.
iiE1--Middle Fork Nooksack River  48.834 N.           122.154 W.          48.725 N.           121.898 W.
iiE2--Canyon Creek (Canyon Lake   48.832 N.           122.143 W.          48.840 N.           122.110 W.
 Creek).
iiE3--unnamed tributary (stream   48.829 N.           122.140 W.          48.821 N.           122.120 W.
 catalog 0347).
iiE4--unnamed tributary (stream   48.822 N.           122.133 W.          48.812 N.           122.124 W.
 catalog 0349).
iiE5--Porter Creek..............  48.799 N.           122.126 W.          48.795 N.           122.113 W.
iiE6--Peat Bog Creek (stream      48.790 N.           122.121 W.          48.780 N.           122.116 W.
 catalog 0352).
iiE7--Clearwater Creek..........  48.771 N.           122.046 W.          48.805 N.           121.988 W.
iiE8--Galbraith Creek...........  48.759 N.           122.018 W.          48.755 N.           122.020 W.
iiE9--Sister Creek..............  48.755 N.           121.987 W.          48.746 N.           121.973 W.
iiE10--Warm Creek...............  48.756 N.           121.977 W.          48.761 N.           121.970 W.
iiE11--Wallace Creek............  48.745 N.           121.950 W.          48.748 N.           121.941 W.
iiE12--Green Creek..............  48.738 N.           121.937 W.          48.732 N.           121.934 W.
iiE13--Rankin Creek.............  48.733 N.           121.919 W.          48.733 N.           121.907 W.
iiF1--South Fork Nooksack River.  48.809 N.           122.202 W.          48.675 N.           121.940 W.
iiF2--Hutchinson Creek..........  48.707 N.           122.178 W.          48.733 N.           122.102 W.
iiF3--Skookum Creek.............  48.671 N.           122.140 W.          48.686 N.           122.105 W.
iiF4--Edfro Creek...............  48.661 N.           122.125 W.          48.664 N.           122.116 W.
iiF5--Cavanaugh Creek...........  48.647 N.           122.119 W.          48.645 N.           122.109 W.
iiF6--Deer Creek................  48.610 N.           122.094 W.          48.603 N.           122.092 W.
iiF7--Howard Creek..............  48.609 N.           121.965 W.          48.619 N.           121.965 W.
iiF8--Bear Lake Outlet (stream    48.607 N.           121.911 W.          48.610 N.           121.911 W.
 catalog 0317).
iiF9--Bell Creek................  48.681 N.           121.899 W.          48.685 N.           121.898 W.
iiF10--Elbow Creek/Lake Doreen    48.685 N.           121.910 W.          48.707 N.           121.914 W.
 Outlet (stream catalog  0331).
iiG1--Wanlick Creek.............  48.644 N.           121.876 W.          48.670 N.           121.797 W.
iiG2--Monument Creek (stream      48.652 N.           121.833 W.          48.647 N.           121.826 W.
 catalog 0324).
iiG3--Loomis Creek..............  48.661 N.           121.813 W.          48.670 N.           121.826 W.
----------------------------------------------------------------------------------------------------------------

    (A) Maps of Unit 28--Puget Sound Basins--Nooksack critical habitat 
subunit follow:

[[Page 35827]]

[GRAPHIC] [TIFF OMITTED] TP25JN04.012


[[Page 35828]]


[GRAPHIC] [TIFF OMITTED] TP25JN04.013


[[Page 35829]]


[GRAPHIC] [TIFF OMITTED] TP25JN04.014

    (B) [Reserved]
    (iii) Lower Skagit Critical Habitat Subunit Descriptions:

[[Page 35830]]



----------------------------------------------------------------------------------------------------------------
                                                   From                                     To
         Location--name          -------------------------------------------------------------------------------
                                       Latitude            Longitude           Latitude            Longitude
----------------------------------------------------------------------------------------------------------------
iiiA1--Skagit River.............  48.387 N.           122.366 W.          49.000 N.           121.078 W.
iiiA2--North Fork Skagit River..  48.364 N.           122.472 W.          48.387 N.           122.366 W.
iiiA3--South Fork Skagit River..  48.292 N.           122.367 W.          48.387 N.           122.366 W.
iiiA4--Nookachamps Creek........  48.471 N.           122.296 W.          48.346 N.           122.202 W.
iiiA5--Day Creek................  48.519 N.           122.065 W.          48.445 N.           122.006 W.
iiiA6--Jones Creek..............  48.524 N.           122.052 W.          48.542 N.           122.050 W.
iiiA7--Alder Creek..............  48.519 N.           121.954 W.          48.549 N.           121.954 W.
iiiA8--Grandy Creek.............  48.518 N.           121.879 W.          48.561 N.           121.823 W.
iiiA9--Finney Creek.............  48.524 N.           121.846 W.          48.465 N.           121.686 W.
iiiA10--Jackman Creek...........  48.523 N.           121.720 W.          48.529 N.           121.696 W.
iiiA11--Rocky Creek.............  48.501 N.           121.494 W.          48.510 N.           121.501 W.
iiiA12--Corkindale Creek........  48.505 N.           121.485 W.          48.518 N.           121.482 W.
iiiA13--Diobsud Creek...........  48.559 N.           121.411 W.          48.576 N.           121.432 W.
iiiA14--Alma Creek..............  48.600 N.           121.361 W.          48.590 N.           121.355 W.
iiiA15--Goodell Creek...........  48.672 N.           121.264 W.          48.778 N.           121.351 W.
iiiA16--Newhalem Creek..........  48.671 N.           121.254 W.          48.663 N.           121.251 W.
iiiA17--Gorge Lake..............                Located at                48.703 N.           121.180 W.
iiiA18--Stetattle Creek.........  48.717 N.           121.148 W.          48.727 N.           121.154 W.
iiiB1--Baker River..............  48.534 N.           121.735 W.          48.821 N.           121.427 W.
iiiB2--Lake Shannon.............                Located at                48.590 N.           121.723 W.
iiiB3--Baker Lake...............                Located at                48.719 N.           121.660 W.
iiiB4--Sulphur Creek............  48.648 N.           121.698 W.          48.659 N.           121.710 W.
iiiB5--Park Creek...............  48.724 N.           121.651 W.          48.741 N.           121.681 W.
iiiB6--Swift Creek..............  48.726 N.           121.648 W.          48.747 N.           121.657 W.
iiiB7--Lake Creek...............  48.762 N.           121.545 W.          48.769 N.           121.549 W.
iiiB8--Sulphide Creek...........  48.777 N.           121.532 W.          48.789 N.           121.551 W.
iiiB9--Crystal Creek............  48.787 N.           121.501 W.          48.791 N.           121.509 W.
iiiB10--Bald Eagle Creek........  48.800 N.           121.464 W.          48.797 N.           121.448 W.
iiiB11--Pass Creek..............  48.815 N.           121.462 W.          48.811 N.           121.457 W.
iiiC1--Sauk River...............  48.482 N.           121.604 W.          48.135 N.           121.422 W.
iiiC2--Dan Creek................  48.298 N.           121.550 W.          48.265 N.           121.539 W.
iiiC3--Falls Creek..............  48.148 N.           121.436 W.          48.137 N.           121.431 W.
iiiC4--North Fork Sauk River....  48.097 N.           121.388 W.          48.096 N.           121.369 W.
iiiD1--Suiattle River...........  48.330 N.           121.548 W.          48.162 N.           121.005 W.
iiiD2--Big Creek................  48.345 N.           121.450 W.          48.344 N.           121.438 W.
iiiD3--Tenas Creek..............  48.324 N.           121.438 W.          48.335 N.           121.421 W.
iiiD4--Straight Creek...........  48.272 N.           121.397 W.          48.254 N.           121.397 W.
iiiD5--Black Creek..............  48.259 N.           121.401 W.          48.247 N.           121.412 W.
iiiD6--Buck Creek...............  48.265 N.           121.338 W.          48.353 N.           121.267 W.
iiiD7--Horse Creek..............  48.313 N.           121.285 W.          48.322 N.           121.256 W.
iiiD8--Lime Creek...............  48.252 N.           121.292 W.          48.218 N.           121.277 W.
iiiD9--Downey Creek.............  48.259 N.           121.224 W.          48.330 N.           121.148 W.
iiiD10--Goat Creek..............  48.328 N.           121.156 W.          48.334 N.           121.160 W.
iiiD11--Sulphur Creek...........  48.247 N.           121.192 W.          48.279 N.           121.084 W.
iiiD12--Milk Creek..............  48.221 N.           121.162 W.          48.178 N.           121.151 W.
iiiD13--Canyon Creek............  48.211 N.           121.087 W.          48.220 N.           121.080 W.
iiiD14--Vista Creek.............  48.194 N.           121.046 W.          48.180 N.           121.055 W.
iiiD15--Miners Creek............  48.187 N.           121.030 W.          48.190 N.           121.022 W.
iiiD16--Dusty Creek.............  48.177 N.           121.018 W.          48.139 N.           121.039 W.
iiiD17--Small Creek.............  48.162 N.           121.005 W.          48.158 N.           120.977 W.
iiiE1--White Chuck River........  48.173 N.           121.471 W.          48.071 N.           121.150 W.
iiiE2--Black Oak Creek..........  48.177 N.           121.449 W.          48.185 N.           121.453 W.
iiiE3--unnamed tributary (stream  48.181 N.           121.429 W.          48.185 N.           121.431 W.
 catalog 1119).
iiiE4--Crystal Creek............  48.181 N.           121.363 W.          48.183 N.           121.360 W.
iiiE5--Pugh Creek...............  48.172 N.           121.338 W.          48.165 N.           121.332 W.
iiiE6--Owl Creek................  48.164 N.           121.299 W.          48.161 N.           121.287 W.
iiiE7--Camp Creek...............  48.159 N.           121.291 W.          48.150 N.           121.279 W.
iiiE8--Fire Creek...............  48.153 N.           121.243 W.          48.154 N.           121.231 W.
iiiE9--Fourteenmile Creek.......  48.140 N.           121.221 W.          48.126 N.           121.227 W.
iiiE10--Pumice Creek............  48.148 N.           121.235 W.          48.141 N.           121.148 W.
iiiE11--Glacier Creek...........  48.130 N.           121.202 W.          48.131 N.           121.167 W.
iiiF1--South Fork Sauk River....  48.097 N.           121.388 W.          47.987 N.           121.392 W.
iiiF2--Merry Brook W............  48.089 N.           121.391 W.          48.087 N.           121.387 W.
iiiF3--Bedal Creek..............  48.080 N.           121.394 W.          48.047 N.           121.350 W.
iiiF4--Chocwick Creek...........  48.074 N.           121.399 W.          48.055 N.           121.382 W.
iiiF5--Elliott Creek............  48.057 N.           121.415 W.          48.027 N.           121.366 W.
iiiF6--Weden Creek..............  48.003 N.           121.438 W.          47.986 N.           121.443 W.
iiiF7--Seventysix Gulch.........  47.987 N.           121.392 W.          47.974 N.           121.383 W.
iiiF8--Glacier Creek............  47.987 N.           121.392 W.          47.987 N.           121.367 W.
iiiG1--Illabot Creek............  48.496 N.           121.530 W.          48.389 N.           121.318 W.
iiiG2--Arrow Creek..............  48.407 N.           121.389 W.          48.423 N.           121.395 W.
iiiG3--Otter Creek..............  48.421 N.           121.373 W.          48.424 N.           121.372 W.

[[Page 35831]]

 
iiiH1--Cascade River............  48.524 N.           121.429 W.          48.463 N.           121.163 W.
iiiH2--Jordan Creek.............  48.522 N.           121.421 W.          48.515 N.           121.418 W.
iiiH3--Boulder Creek............  48.518 N.           121.365 W.          48.512 N.           121.363 W.
iiiH4--Marble Creek.............  48.531 N.           121.281 W.          48.542 N.           121.251 W.
iiiH5--Kindy Creek..............  48.464 N.           121.207 W.          48.432 N.           121.206 W.
iiiH6--Sonny Boy Creek..........  48.462 N.           121.196 W.          48.427 N.           121.171 W.
iiiH7--South Fork Cascade River.  48.463 N.           121.163 W.          48.391 N.           121.108 W.
iiiI1--Bacon Creek..............  48.586 N.           121.394 W.          48.681 N.           121.462 W.
iiiI2--East Fork Bacon Creek....  48.661 N.           121.433 W.          48.713 N.           121.416 W.
----------------------------------------------------------------------------------------------------------------

    (A) Maps of Unit 28--Puget Sound Basins--Lower Skagit critical 
habitat subunit follow:

[[Page 35832]]

[GRAPHIC] [TIFF OMITTED] TP25JN04.015


[[Page 35833]]


[GRAPHIC] [TIFF OMITTED] TP25JN04.016

    (B) [Reserved]
    (iv) Upper Skagit Critical Habitat Subunit Descriptions:

[[Page 35834]]



----------------------------------------------------------------------------------------------------------------
                                                   From                                     To
         Location--name          -------------------------------------------------------------------------------
                                       Latitude            Longitude           Latitude            Longitude
----------------------------------------------------------------------------------------------------------------
ivA1--Diablo Lake...............                Located at                48.712 N.           121.109 W.
ivA2--Ross Lake.................                Located at                48.870 N.           121.029 W.
ivA3--Deer Creek................  48.715 N.           121.119 W.          48.721 N.           121.104 W.
ivA4--Roland Creek..............  48.762 N.           121.027 W.          48.770 N.           120.997 W.
ivA5--Pierce Creek..............  48.774 N.           121.060 W.          48.766 N.           121.072 W.
ivA6--Devils Creek..............  48.825 N.           121.042 W.          48.819 N.           121.001 W.
ivA7--Big Beaver Creek..........  48.773 N.           121.045 W.          48.842 N.           121.210 W.
ivA8--Little Beaver Creek.......  48.912 N.           121.064 W.          48.878 N.           121.322 W.
ivA9--Silver Creek..............  48.972 N.           121.092 W.          48.981 N.           121.188 W.
ivB1--Thunder Creek.............  48.712 N.           121.105 W.          48.563 N.           121.026 W.
ivC1--Ruby Creek................  48.737 N.           121.046 W.          48.707 N.           120.916 W.
ivC2--Granite Creek.............  48.707 N.           120.916 W.          48.684 N.           120.882 W.
ivC3--Panther Creek.............  48.708 N.           120.975 W.          48.631 N.           120.977 W.
ivD1--Canyon Creek..............  48.707 N.           120.916 W.          48.775 N.           120.777 W.
ivD2--Slate Creek...............  48.757 N.           120.795 W.          48.754 N.           120.786 W.
ivE1--Lightning Creek...........  48.871 N.           121.027 W.          49.000 N.           120.978 W.
ivE2--Three Fools Creek.........  48.891 N.           120.973 W.          48.897 N.           120.847 W.
----------------------------------------------------------------------------------------------------------------

    (A) Map of Unit 28--Puget Sound Basins--Upper Skagit critical 
habitat subunit follows:

[[Page 35835]]

[GRAPHIC] [TIFF OMITTED] TP25JN04.017

    (B) [Reserved]
    (v) Stillaguamish Critical Habitat Subunit Descriptions:

[[Page 35836]]



----------------------------------------------------------------------------------------------------------------
                                                   From                                     To
         Location--name          -------------------------------------------------------------------------------
                                       Latitude            Longitude           Latitude            Longitude
----------------------------------------------------------------------------------------------------------------
vA1--Stillaguamish River........  48.238 N.           122.377 W.          48.204 N.           122.126 W.
vA2--South Pass.................  48.226 N.           122.385 W.          48.238 N.           122.377 W.
vA3--West Pass..................  48.250 N.           122.396 W.          48.238 N.           122.377 W.
vA4--Hat Slough.................  48.197 N.           122.361 W.          48.209 N.           122.322 W.
vB1--North Fork Stillaguamish     48.204 N.           122.126 W.          48.328 N.           121.639 W.
 River.
vB2--Boulder River..............  48.282 N.           121.786 W.          48.245 N.           121.827 W.
vB3--Squire Creek...............  48.280 N.           121.684 W.          48.194 N.           121.637 W.
vC1--Deer Creek.................  48.268 N.           121.931 W.          48.365 N.           121.793 W.
vC2--Higgins Creek..............  48.362 N.           121.806 W.          48.318 N.           121.754 W.
vD1--South Fork Stillaguamish     48.204 N.           122.126 W.          48.030 N.           121.482 W.
 River.
vD2--Jim Creek..................  48.185 N.           122.076 W.          48.216 N.           121.939 W.
vD3--Big Four Creek.............  48.072 N.           121.523 W.          48.070 N.           121.511 W.
vD4--Perry Creek................  48.063 N.           121.514 W.          48.076 N.           121.487 W.
vD5--Buck Creek.................  48.045 N.           121.480 W.          48.047 N.           121.471 W.
vD6--Palmer Creek...............  48.045 N.           121.481 W.          48.043 N.           121.468 W.
vE1--Canyon Creek...............  48.098 N.           121.969 W.          48.158 N.           121.816 W.
vE2--North Fork Canyon Creek....  48.158 N.           121.816 W.          48.165 N.           121.817 W.
vE3--South Fork Canyon Creek....  48.158 N.           121.816 W.          48.154 N.           121.784 W.
----------------------------------------------------------------------------------------------------------------

    (A) Map of Unit 28--Puget Sound Basins--Stillaguamish critical 
habitat subunit follows:

[[Page 35837]]

[GRAPHIC] [TIFF OMITTED] TP25JN04.018

    (B) [Reserved]
    (vi) Snohomish/Skykomish Critical Habitat Subunit Descriptions:

[[Page 35838]]



----------------------------------------------------------------------------------------------------------------
                                                   From                                     To
         Location--name          -------------------------------------------------------------------------------
                                       Latitude            Longitude           Latitude            Longitude
----------------------------------------------------------------------------------------------------------------
viA1--Snohomish River...........  48.020 N.           122.208 W.          47.830 N.           122.045 W.
viA2--Ebey Slough...............  48.022 N.           122.147 W.          47.941 N.           122.169 W.
viA3--Steamboat Slough..........  48.033 N.           122.203 W.          47.984 N.           122.168 W.
viA4--Union Slough..............  48.034 N.           122.190 W.          47.984 N.           122.166 W.
viA5--Pilchuck River............  47.904 N.           122.090 W.          47.995 N.           121.745 W.
viB1--Snoqualmie River..........  47.830 N.           122.045 W.          47.541 N.           121.836 W.
viB2--Tolt River................  47.641 N.           121.926 W.          47.696 N.           121.820 W.
viB3--North Fork Tolt River.....  47.710 N.           121.794 W.          47.718 N.           121.778 W.
viB4--South Fork Tolt River.....  47.696 N.           121.820 W.          47.693 N.           121.692 W.
viC1--Skykomish River...........  47.830 N.           122.045 W.          47.813 N.           121.578 W.
viC2--Sultan River..............  47.860 N.           121.819 W.          47.960 N.           121.795 W.
viC3--Wallace River.............  47.859 N.           121.794 W.          47.874 N.           121.648 W.
viD1--North Fork Skykomish River  47.813 N.           121.578 W.          47.922 N.           121.298 W.
viD2--Trout Creek...............  47.864 N.           121.487 W.          47.833 N.           121.433 W.
viD3--West Cady Creek...........  47.899 N.           121.318 W.          47.898 N.           121.306 W.
viD4--Goblin Creek..............  47.919 N.           121.307 W.          47.924 N.           121.311 W.
viD5--Salmon Creek..............  47.889 N.           121.451 W.          47.911 N.           121.481 W.
viD6--South Fork Salmon Creek...  47.906 N.           121.475 W.          47.904 N.           121.485 W.
viD7--Troublesome Creek.........  47.897 N.           121.403 W.          47.925 N.           121.362 W.
viE1--South Fork Skykomish River  47.813 N.           121.578 W.          47.705 N.           121.305 W.
viE2--Beckler River.............  47.715 N.           121.339 W.          47.865 N.           121.310 W.
viF1--Foss River................  47.653 N.           121.293 W.          47.705 N.           121.305 W.
viF2--East Fork Foss River......  47.653 N.           121.293 W.          47.649 N.           121.276 W.
----------------------------------------------------------------------------------------------------------------

    (A) Map of Unit 28--Puget Sound Basins--Snohomish/Skykomish 
critical habitat subunit follows:

[[Page 35839]]

[GRAPHIC] [TIFF OMITTED] TP25JN04.019

    (B) [Reserved]
    (vii) Chester Morse Lake Critical Habitat Subunit Descriptions:

[[Page 35840]]



----------------------------------------------------------------------------------------------------------------
                                                   From                                     To
         Location--name          -------------------------------------------------------------------------------
                                       Latitude            Longitude           Latitude            Longitude
----------------------------------------------------------------------------------------------------------------
viiA1--Chester Morse Lake.......                Located at                47.411 N.           121.736 W.
viiA2--Masonry Pool.............                Located at                47.386 N.           121.697 W.
viiA3--Rack Creek...............  47.397 N.           121.716 W.          47.388 N.           121.730 W.
viiA4--Shotgun Creek............  47.388 N.           121.701 W.          47.380 N.           121.706 W.
viiB1--Cedar River..............  47.412 N.           121.751 W.          47.313 N.           121.520 W.
viiB2--unnamed tributary (stream  47.325 N.           121.534 W.          47.325 N.           121.531 W.
 catalog 0439).
viiB3--North Fork Cedar River...  47.313 N.           121.520 W.          47.317 N.           121.505 W.
viiB4--South Fork Cedar River...  47.313 N.           121.520 W.          47.305 N.           121.512 W.
viiC1--Rex River................  47.387 N.           121.697 W.          47.347 N.           121.644 W.
viiC2--Cabin Creek..............  47.367 N.           121.683 W.          47.363 N.           121.694 W.
viiC3--Lindsay Creek............  47.351 N.           121.659 W.          47.347 N.           121.659 W.
viiC4--Boulder Creek............  47.371 N.           121.687 W.          47.354 N.           121.706 W.
----------------------------------------------------------------------------------------------------------------

    (A) Map of Unit 28--Puget Sound Basins--Chester Morse Lake critical 
habitat subunit follows:

[[Page 35841]]

[GRAPHIC] [TIFF OMITTED] TP25JN04.020

    (B) [Reserved]
    (viii) Puyallup Critical Habitat Subunit Descriptions:

[[Page 35842]]



----------------------------------------------------------------------------------------------------------------
                                                   From                                     To
         Location--Name          -------------------------------------------------------------------------------
                                       Latitude            Longitude           Latitude            Longitude
----------------------------------------------------------------------------------------------------------------
viiiA1--Puyallup River..........  47.269 N.           122.425 W.          46.864 N.           121.949 W.
viiiA2--Niesson Creek...........  46.913 N.           122.045 W.          46.884 N.           122.030 W.
viiiA3--Deer Creek..............  46.873 N.           121.973 W.          46.836 N.           121.964 W.
viiiA4--Swift Creek.............  46.870 N.           121.962 W           46.873 N.           121.953 W.
viiiA5--South Puyallup River....  46.864 N.           121.949 W.          46.821 N.           121.846 W.
viiiA6--St. Andrews Creek.......  46.837 N.           121.920 W.          46.833 N.           121.864 W.
viiiB1--Mowich River............  46.901 N.           122.030 W.          46.915 N.           121.894 W.
viiiB2--South Mowich River......  46.915 N.           121.894 W.          46.871 N.           121.845 W.
viiiC1--Carbon River............  47.130 N.           122.232 W.          46.964 N.           121.794 W.
viiiC2--Ranger Creek............  46.995 N.           121.853 W.          46.984 N.           121.854 W.
viiiC3--Chenuis Creek...........  46.992 N.           121.842 W.          46.993 N.           121.841 W.
viiiC4--Ipsut Creek.............  46.980 N.           121.832 W.          46.971 N.           121.831 W.
viiiD1--White River.............  47.200 N.           122.257 W.          46.902 N.           121.636 W.
viiiD2--Huckleberry Creek.......  47.079 N.           121.585 W.          46.989 N.           121.622 W.
viiiD3--Silver Springs..........  46.996 N.           121.530 W.          46.998 N.           121.531 W.
viiiD4--Crystal Creek...........  46.929 N.           121.537 W.          46.920 N.           121.525 W.
viiiD5--Klickitat Creek.........  46.909 N.           121.548 W.          46.903 N.           121.546 W.
viiiD6--Unnamed tributary         46.905 N.           121.559 W.          46.909 N.           121.573 W.
 (stream catalog 0364).
viiiD7--Fryingpan Creek.........  46.891 N.           121.601 W.          46.869 N.           121.649 W.
viiiD8--Clearwater River........  47.146 N.           121.833 W.          47.079 N.           121.781 W.
viiiE1--Greenwater River........  47.159 N.           121.659 W.          47.093 N.           121.457 W.
viiiE2--Midnight Creek (stream    47.131 N.           121.599 W.          47.139 N.           121.573 W.
 catalog 0126).
viiiE3--Slide Creek.............  47.123 N.           121.542 W.          47.133 N.           121.539 W.
viiiE4--Pyramid Creek...........  47.109 N.           121.479 W.          47.113 N.           121.454 W.
viiiF1--West Fork White River...  47.125 N.           121.618 W.          46.941 N.           121.707 W.
viiiF2--Cripple Creek...........  47.048 N.           121.692 W.          47.041 N.           121.695 W.
viiiF3--Unnamed tributary         46.992 N.           121.704 W.          46.992 N.           121.714 W.
 (stream catalog 0217).
viiiF4--Unnamed tributary         46.965 N.           121.712 W.          46.959 N.           121.711 W.
 (stream catalog 0234).
viiiF5--Unnamed tributary         46.962 N.           121.710 W.          46.960 N.           121.717 W.
 (stream catalog 0226).
viiiF6--Lodi Creek..............  46.960 N.           121.705 W.          46.940 N.           121.687 W.
----------------------------------------------------------------------------------------------------------------

    (A) Map of Unit 28--Puget Sound Basins--Puyallup critical habitat 
subunit follows:

[[Page 35843]]

[GRAPHIC] [TIFF OMITTED] TP25JN04.021

    (B) [Reserved]
    (ix) Samish Critical Habitat Subunit Descriptions:

[[Page 35844]]



----------------------------------------------------------------------------------------------------------------
                                                   From                                     To
         Location--name          -------------------------------------------------------------------------------
                                       Latitude            Longitude           Latitude            Longitude
----------------------------------------------------------------------------------------------------------------
ixA1--Samish River..............  48.555 N.           122.456 W.          48.649 N.           122.207 W.
----------------------------------------------------------------------------------------------------------------

    (A) Map of Unit 28--Puget Sound Basins--Samish critical habitat 
subunit follows:

[[Page 35845]]

[GRAPHIC] [TIFF OMITTED] TP25JN04.022

    (B) [Reserved]
    (x) Lake Washington Critical Habitat Subunit Descriptions:

[[Page 35846]]



----------------------------------------------------------------------------------------------------------------
                                                   From                                     To
         Location--name          -------------------------------------------------------------------------------
                                       Latitude            Longitude           Latitude            Longitude
----------------------------------------------------------------------------------------------------------------
xA1--Lake Washington............                 Located at               47.604 N.           122.252 W.
xA2--Lake Union.................                 Located at               47.639 N.           122.334 W.
----------------------------------------------------------------------------------------------------------------

    (A) Map of Unit 28--Puget Sound Basins--Lake Washington critical 
habitat subunit follows:

[[Page 35847]]

[GRAPHIC] [TIFF OMITTED] TP25JN04.023

    (B) [Reserved]
    (xi) Lower Green Critical Habitat Subunit Descriptions:

[[Page 35848]]



----------------------------------------------------------------------------------------------------------------
                                                   From                                     To
         Location--name          -------------------------------------------------------------------------------
                                       Latitude            Longitude           Latitude            Longitude
----------------------------------------------------------------------------------------------------------------
xiA1--East Duwamish Waterway....  47.590 N.           122.343 W.          47.567 N.           122.346 W.
xiA1--Duwamish River............  47.586 N.           122.359 W.          47.474 N.           122.250 W.
xiA2--Green River...............  47.474 N.           122.250 W.          47.299 N.           121.839 W.
----------------------------------------------------------------------------------------------------------------

    (A) Map of Unit 28--Puget Sound Basins--Lower Green critical 
habitat subunit follows:

[[Page 35849]]

[GRAPHIC] [TIFF OMITTED] TP25JN04.024

    (B) [Reserved]
    (xii) Lower Nisqually Critical Habitat Subunit Descriptions:

[[Page 35850]]



----------------------------------------------------------------------------------------------------------------
                                                   From                                     To
         Location--name          -------------------------------------------------------------------------------
                                       Latitude            Longitude           Latitude            Longitude
----------------------------------------------------------------------------------------------------------------
xiiA1--Nisqually River..........  47.101 N.           122.691 W.          46.835 N.           122.323 W.
----------------------------------------------------------------------------------------------------------------

    (A) Map of Unit 28--Puget Sound Basins--Lower Nisqually critical 
habitat subunit follows:

[[Page 35851]]

[GRAPHIC] [TIFF OMITTED] TP25JN04.025

    (A) Map of Unit 28--Puget Sound Basins--Samish critical habitat 
subunit
    (B) [Reserved]
    (xiii) Puget Sound Marine Critical Habitat Subunit Descriptions:

[[Page 35852]]



----------------------------------------------------------------------------------------------------------------
                                                   From                                     To
         Location--name          -------------------------------------------------------------------------------
                                       Latitude            Longitude           Latitude            Longitude
----------------------------------------------------------------------------------------------------------------
xiiiA1--Eastern Shoreline Puget   48.511 N.           122.605 W.          49.000 N.           122.755 W.
 Sound (North).
xiiiA2--Swinomish Channel.......  48.372 N.           122.508 W.          48.455 N.           122.513 W.
xiiiA3--Eastern Shoreline Puget   47.102 N.           122.727 W.          48.426 N.           122.674 W.
 Sound (South).
xiiiB1--Eastern Shoreline Lummi   48.641 N.           122.608 W.          48.717 N.           122.718 W.
 Island.
xiiiB2--Portage Island..........                 Located at               48.701 N.           122.618 W.
xiiiB3--Eastern Shoreline Guemes  48.529 N.           122.572 W.          48.589 N.           122.645 W.
 Island.
xiiiB4--Eastern Shoreline         47.905 N.           122.387 W.          48.370 N.           122.665 W.
 Whidbey Island.
xiiiB5--Hope Island.............                 Located at               48.399 N.           122.568 W.
xiiiB6--Goat Island.............                 Located at               48.363 N.           122.529 W.
xiiiB7--Ika Island..............                 Located at               48.363 N.           122.501 W.
xiiiB8--Gedney Island...........                 Located at               48.013 N.           122.319 W.
xiiiB9--Southeastern Shoreline    47.331 N.           122.492 W.          47.349 N.           122.450 W.
 Vashon Island.
----------------------------------------------------------------------------------------------------------------

    (A) Maps of Unit 28--Puget Sound Basins--Puget Sound Marine 
critical habitat subunit follow:

[[Page 35853]]

[GRAPHIC] [TIFF OMITTED] TP25JN04.026


[[Page 35854]]


[GRAPHIC] [TIFF OMITTED] TP25JN04.027

    (34) Unit 29--Saint Mary--Belly:
    (i) Saint Mary River Critical Habitat Subunit Descriptions:

[[Page 35855]]



----------------------------------------------------------------------------------------------------------------
                                                   From                                     To
         Location--name          -------------------------------------------------------------------------------
                                       Latitude            Longitude           Latitude            Longitude
----------------------------------------------------------------------------------------------------------------
iA1--Saint Mary River...........  48.998 N.           113.326 W.          48.668 N.           113.615 W.
iA2--Lower Saint Mary Lake......                 Located at               48.795 N.           113.419 W.
iA3--Saint Mary Lake............                 Located at               48.718 N.           113.465 W.
iB1--Lee Creek..................  48.998 N.           113.600 W.          48.960 N.           113.644 W.
iB2--Jule Creek.................  48.988 N.           113.613 W.          48.954 N.           113.617 W.
iB3--Middle Fork Lee Creek......  48.998 N.           113.549 W.          48.978 N.           113.585 W.
iC1--Kennedy Creek..............  48.905 N.           113.409 W.          48.851 N.           113.604 W.
iD1--Otatso Creek...............  48.915 N.           113.464 W.          48.892 N.           113.644 W.
iE1--Swiftcurrent Creek.........  48.836 N.           113.428 W.          48.828 N.           113.521 W.
iF1--Boulder Creek..............  48.839 N.           113.459 W.          48.732 N.           113.608 W.
iG1--Divide Creek...............  48.751 N.           113.437 W.          48.634 N.           113.444 W.
iH1--Slide Lakes--upper pool....                 Located at               48.902 N.           113.623 W.
iH2--Slide Lakes--lower pool....                 Located at               48.905 N.           113.615 W.
iI1--Cracker Lake...............                 Located at               48.744 N.           113.643 W.
iI2--Canyon Creek...............  48.796 N.           113.622 W.          48.734 N.           113.654 W.
iJ1--Red Eagle Lake.............                 Located at               48.652 N.           113.505 W.
iJ2--Red Eagle Creek............  48.648 N.           113.509 W.          48.638 N.           113.521 W.
----------------------------------------------------------------------------------------------------------------

    (ii) Belly River Critical Habitat Subunit Descriptions:

----------------------------------------------------------------------------------------------------------------
                                                   From                                     To
         Location--name          -------------------------------------------------------------------------------
                                       Latitude            Longitude           Latitude            Longitude
----------------------------------------------------------------------------------------------------------------
iiA1--North Fork Belly River....  48.998 N.           113.754 W.          48.981 N.           113.770 W.
----------------------------------------------------------------------------------------------------------------

    (A) Map of Unit 29--Saint Mary--Belly--Saint Mary River and Belly 
River Critical Habitat Subunits follows:

[[Page 35856]]

[GRAPHIC] [TIFF OMITTED] TP25JN04.028


[[Page 35857]]


    (B) [Reserved]

    Dated: June 15, 2004.
Craig Manson,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 04-14014 Filed 6-23-04; 8:45 am]
BILLING CODE 4310-55-C