40786 Federal Register / Vol. 62, No. 146 / Wednesday, July 30, 1997 / Proposed Rules

NPL. Documents supporting this action

are available from the docket.

State Concurrence

The Washington Department of

Ecology concurs with the proposed

deletion of the Silver Mountain Mine

Superfund site from the NPL.

Dated: July 17, 1997.

Charles Findley,

Acting Regional Administrator, U.S. EPA

Region 10.

[FR Doc. 97–19940 Filed 7–29–97; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 226

[Docket No. 970715175–7175–01; I.D. No.

042997B]

RIN 0648–AG58

Designated Critical Habitat; Umpqua

River Cutthroat Trout

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration,

Commerce.

ACTION: Proposed rule; request for

comments; and notice of public

hearings.

SUMMARY: NMFS proposes to designate

critical habitat for the Umpqua River

cutthroat trout (Oncorhynchus clarki

clarki) pursuant to the Endangered

Species Act of 1973 (ESA) to include:

The Umpqua River from a straight line

connecting the west end of the South

jetty and the west end of the North jetty

and including all Umpqua River

estuarine areas (including the Smith

River) and tributaries proceeding

upstream from the Pacific Ocean to the

confluence of the North and South

Umpqua Rivers; the North Umpqua

River, including all tributaries, from its

confluence with the mainstem Umpqua

River to Toketee Falls; the South

Umpqua River, including all tributaries,

from its confluence with the mainstem

Umpqua River to its headwaters

(including Cow Creek, tributary to the

South Umpqua River). Critical habitat

includes all waterways below

longstanding, natural impassable

barriers (i.e., natural water falls in

existence for over several hundred

years). Such areas represent the current

freshwater and estuarine range of the

listed species. The economic and other

impacts resulting from this proposed

critical habitat designation are expected

to be minimal.

DATES: Comments must be received on

or before September 29, 1997. Public

hearings on this proposed action are

scheduled for the month of August. See

SUPPLEMENTARY INFORMATION for dates

and times of public hearings.

ADDRESSES: Comments should be sent to

NMFS, Environmental and Technical

Services Division, 525 NE Oregon St.

Suite 500, Portland, OR 97232–2737.

See SUPPLEMENTARY INFORMATION for

locations of public hearings.

FOR FURTHER INFORMATION CONTACT:

Garth Griffin, NMFS, Environmental

and Technical Services Division, 525

NE Oregon St. Suite 500, Portland, OR

97232–2737, telephone (503/231–2005)

or Joe Blum, NMFS, 1335 East-West

Highway, Silver Spring, MD 20910,

telephone (301/713–2322).

SUPPLEMENTARY INFORMATION:

Background

On August 9, 1996, NMFS published

its determination to list Umpqua River

cutthroat trout (Oncorhynchus clarki

clarki) as endangered under the ESA (61

FR 41514). In its final listing

determination, NMFS concluded that all

cutthroat trout life history forms (i.e.,

anadromous, potamodromous, and

resident) should be included in the

listed Umpqua River cutthroat trout

Evolutionarily Significant Unit. This

conclusion was based on studies

conducted by Oregon Department of

Fish and Wildlife (ODFW) and others

which indicate that these life history

forms are not completely reproductively

isolated and, therefore, should be

considered a single ‘‘distinct population

segment,’’ under the ESA and NMFS’’

ESA species policy (See 61 FR 41516).

Historically, anadromous,

potamodromous, and resident cutthroat

trout likely occurred throughout the

Umpqua River basin. The current

freshwater distribution of anadromous

and potamodromous life forms is

thought to be limited primarily to the

mainstem, Smith, and North Umpqua

Rivers. Resident cutthroat trout appear

to remain broadly distributed

throughout the Umpqua River basin,

including areas of the South Umpqua

River not thought to support significant

anadromous cutthroat trout populations.

Section 4(a)(3)(A) of the ESA requires

that, to the maximum extent prudent

and determinable, NMFS designate

critical habitat concurrently with a

determination that a species is

endangered or threatened. On July 19,

1993, NMFS published a Federal

Register document (58 FR 38544)

soliciting information and data

regarding the present and historic status

of the Umpqua River cutthroat trout, as

well as information on areas that may

qualify as critical habitat. At the time of

the final listing, critical habitat was not

determinable, since information

necessary to perform the required

analyses was not available. NMFS has

determined that sufficient information

now exists to designate critical habitat

for this species. NMFS has considered

all available information and data in

making this proposal.

Definition of Critical Habitat

Critical habitat is defined in section

3(5)(A) of the ESA as ‘‘(i) the specific

areas within the geographical area

occupied by the species * * * on which

are found those physical or biological

features (I) essential to the conservation

of the species and (II) which may

require special management

considerations or protection; and (ii)

specific areas outside the geographical

area occupied by the species * * *

upon a determination by the Secretary

of Commerce (Secretary) that such areas

are essential for the conservation of the

species.’’ (See 16 U.S.C. 1532(5)(A)).

The term ‘‘conservation,’’ as defined in

section 3(3) of the ESA, means ‘‘ * * *

to use and the use of all methods and

procedures which are necessary to bring

any endangered species or threatened

species to the point at which the

measures provided pursuant to this Act

are no longer necessary.’’ (See 16 U.S.C.

1532(3)).

In designating critical habitat, NMFS

considers the following requirements of

the species: (1) Space for individual and

population growth, and for normal

behavior; (2) food, water, air, light,

minerals, or other nutritional or

physiological requirements; (3) cover or

shelter; (4) sites for breeding,

reproduction, or rearing of offspring;

and, generally, (5) habitats that are

protected from disturbance or are

representative of the historic

geographical and ecological

distributions of this species (See 50 CFR

424.12(b)). In addition to these factors,

NMFS also focuses on the known

physical and biological features

(primary constituent elements) within

the designated area that are essential to

the conservation of the species and may

require special management

considerations or protection. These

essential features may include, but are

not limited to, spawning sites, food

resources, water quality and quantity,

and riparian vegetation (See Id.).
Federal Register / Vol. 62, No. 146 / Wednesday, July 30, 1997 / Proposed Rules 40787

Consideration of Economic,

Environmental, and Other Factors

The economic, environmental, and

other impacts of a critical habitat

designation have been considered and

evaluated. NMFS identified present and

anticipated activities that may adversely

modify the area(s) being considered or

be affected by a designation. An area

may be excluded from a critical habitat

designation if NMFS determines that the

overall benefits of exclusion outweigh

the benefits of designation, unless the

exclusion will result in the extinction of

the species (See 16 U.S.C. 1533(b)(2)).

The impacts considered in this

analysis are only those incremental

impacts specifically resulting from a

critical habitat designation, above the

economic and other impacts attributable

to listing the species or resulting from

other authorities. Since listing a species

under the ESA provides significant

protection to a species’ habitat, in many

cases, the economic and other impacts

resulting from the critical habitat

designation, over and above the impacts

of the listing itself, are minimal (see

Significance of Designating Critical

Habitat section of this preamble). In

general, the designation of critical

habitat highlights geographical areas of

concern and reinforces the substantive

protection resulting from the listing

itself.

Impacts attributable to listing include

those resulting from the ‘‘take’’

prohibitions contained in section 9 of

the ESA and associated regulations.

‘‘Take,’’ as defined in the ESA means to

harass, harm, pursue, hunt, shoot,

wound, kill, trap, capture, or collect, or

to attempt to engage in any such

conduct (See 16 U.S.C. 1532(19)). Harm

can occur through destruction or

modification of habitat (whether or not

designated as critical) that significantly

impairs essential behaviors, including

breeding, feeding, rearing or migration.

Significance of Designating Critical

Habitat

The designation of critical habitat

does not, in and of itself, restrict human

activities within an area or mandate any

specific management or recovery

actions. A critical habitat designation

contributes to species conservation

primarily by identifying critically

important areas and by describing the

features within those areas that are

essential to the species, thus alerting

public and private entities to the area’s

importance. Under the ESA, the only

regulatory impact of a critical habitat

designation is through the provisions of

section 7. Section 7 applies only to

actions with Federal involvement (e.g.,

authorized, funded, conducted) and

does not affect exclusively state or

private activities.

Under the section 7 provisions, a

designation of critical habitat would

require Federal agencies to ensure that

any action they authorize, fund, or carry

out is not likely to destroy or adversely

modify designated critical habitat.

Activities that destroy or adversely

modify critical habitat are defined as

those alternatives that ‘‘appreciably

diminish the value of critical habitat for

both the survival and recovery’’ of the

species (see 50 CFR 402.02). Regardless

of a critical habitat designation, Federal

agencies must ensure that their actions

are not likely to jeopardize the

continued existence of the listed

species. Activities that jeopardize a

species are defined as those actions that

‘‘reasonably would be expected, directly

or indirectly, to reduce appreciably the

likelihood of both the survival and

recovery’’ of the species (see 50 CFR

402.02). Using these definitions,

activities that destroy or adversely

modify critical habitat may also be

likely to jeopardize the species.

Therefore, the protection provided by a

critical habitat designation generally

duplicates the protection provided

under the section 7 jeopardy provision.

Critical habitat may provide additional

benefits to a species in cases where

areas outside the species’ current range

have been designated. When actions

may affect these areas, Federal agencies

are required to consult with NMFS

under section 7 (see 50 CFR 402.14(a)),

which may not have been recognized

but for the critical habitat designation.

A designation of critical habitat

provides a clear indication to Federal

agencies as to when section 7

consultation is required, particularly in

cases where the action would not result

in direct mortality, injury, or harm to

individuals of a listed species (e.g., an

action occurring within the critical area

when a migratory species is not

present). The critical habitat

designation, describing the essential

features of the habitat, also assists in

determining which activities conducted

outside the designated area are subject

to section 7 (i.e., activities that may

affect essential features of the

designated area).

A critical habitat designation will also

assist Federal agencies in planning

future actions, since the designation

establishes, in advance, those habitats

that will be given special consideration

in section 7 consultations. With a

designation of critical habitat, potential

conflicts between Federal actions and

endangered or threatened species can be

identified and possibly avoided early in

the agency’s planning process.

Another indirect benefit of a critical

habitat designation is that it helps focus

Federal, state, and private conservation

and management efforts in such areas.

Management efforts may address special

considerations needed in critical habitat

areas, including conservation

regulations to restrict private as well as

Federal activities. The economic and

other impacts of these actions would be

considered at the time of those proposed

regulations and, therefore, are not

considered in the critical habitat

designation process. Other Federal,

state, and local authorities, such as

zoning or wetlands and riparian lands

protection, may also provide special

protection for critical habitat areas.

Process for Designating Critical Habitat

Developing a proposed critical habitat

designation involves three main

considerations. First, the biological

needs of the species are evaluated and

essential habitat areas and features are

identified. If alternative areas exist that

would provide for the conservation of

the species, such alternatives are also

identified. Second, the need for special

management considerations or

protection of the area(s) or features are

evaluated. Finally, the probable

economic and other impacts of

designating these essential areas as

‘‘critical habitat’’ are evaluated. After

considering the requirements of the

species, the need for special

management, and the impacts of the

designation, the proposed critical

habitat is published in the Federal

Register for comment. The final critical

habitat designation, considering

comments on the proposal and impacts

assessment, is published within 1 year

of the proposed rule. Final critical

habitat designations may be revised,

using the same process, as new

information becomes available.

A description of the essential habitat,

need for special management, impacts

of designating critical habitat, and the

proposed action are described in the

following sections for Umpqua River

cutthroat trout.

Essential Habitat of Umpqua River

Cutthroat Trout

Available biological information for

listed Umpqua River cutthroat trout can

be found in the species’ Status Review

(Johnson et al. 1994) and in Federal

Register notices of proposed and final

listing determinations (see 59 FR 35089,

July 8, 1994; 61 FR 41514, August 9,

1996). Essential Umpqua River cutthroat

trout habitat consists of five

components: (1) Spawning and juvenile
40788 Federal Register / Vol. 62, No. 146 / Wednesday, July 30, 1997 / Proposed Rules

rearing areas; (2) juvenile migration

corridors; (3) areas for growth and

development to adulthood; (4) adult

migration corridors; and (5) overwintering habitat. The Pacific Ocean

areas used by listed cutthroat trout for

growth and development to adulthood

are not well understood, and essential

areas and features have not been

identified.

The current geographic range of

Umpqua River cutthroat trout includes

nearshore ocean areas, the mainstem

Umpqua River and its tributaries, and

the North and South Umpqua Rivers

and their tributaries. NMFS has

determined that the current freshwater

and estuarine range (referred to as the

in-river range) of the species is adequate

to ensure the species’ conservation. The

species’ current in-river range

encompasses all essential habitat

features (e.g., riverine conditions,

estuaries, headwater areas) in sufficient

quantity to ensure conservation of the

species. Therefore, designation of

habitat areas outside the species’ current

in-river range is not necessary.

NMFS recognizes that the Umpqua

River estuary is an essential migration

corridor for listed Umpqua River

cutthroat trout and, accordingly, has

included estuary areas as critical habitat

in this designation. However, the

importance of marine habitats (i.e.,

oceanic or near shore areas seaward of

the mouth of the Umpqua River) is not

well understood (Pauley, 1989; Behnke,

1992). In addition to a lack of biological

information concerning the marine life

history phase of cutthroat trout, there

does not appear to be a need for special

management consideration or protection

of this habitat. Based on present

information, degradation of this portion

of the species’ habitat does not appear

to have been a significant factor in the

decline of the species. Specifically,

existing laws appear adequate to protect

these areas, and special management of

this habitat is not considered necessary

at this time. Therefore, NMFS does not

propose to designate critical habitat in

marine areas at this time. If additional

information becomes available that

supports the inclusion of such areas,

NMFS may revise this designation.

Essential features of the designated inriver areas include adequate: (1)

Substrate; (2) water quality; (3) water

quantity; (4) water temperature; (5) food;

(6) riparian vegetation; and (7) access.

Juvenile migration corridors include the

North and South Umpqua Rivers and

the mainstem Umpqua River to the

Pacific Ocean. Essential features of the

juvenile migration corridors include

adequate: (1) Substrate; (2) water

quality; (3) water quantity; (4) water

temperature; (5) water velocity; (6)

cover/shelter; (7) food; (8) riparian

vegetation; (9) space; and (10) safe

passage conditions. Adult migration

corridors and their essential features are

the same as those identified for juvenile

migration corridors.

Need for Special Management

Considerations or Protection

In order to assure that the essential

areas and features are maintained or

restored, special management may be

needed. Activities that may require

special management considerations for

listed Umpqua River cutthroat trout

spawning and juvenile rearing areas

include, but are not limited to: (1) Land

management; (2) timber harvest; (3)

water pollution; (4) livestock grazing; (5)

habitat restoration; (6) irrigation water

withdrawal; (7) mining; (8) road

construction; and (9) dam operation and

maintenance. For juvenile and adult

migration corridors, special

management considerations also

include: (10) Dredge and fill activities;

and (11) dam operations. Not all of these

activities are necessarily of current

concern; however, they indicate the

potential types of activities that will

require consultation in the future. No

special management considerations

have been identified for listed Umpqua

River cutthroat trout while they are

residing in the ocean environment.

Activities That May Affect the Essential

Habitat

A wide range of activities may affect

the essential habitat requirements of

listed Umpqua River cutthroat trout.

These activities include water and land

management actions of Federal agencies

(i.e., U.S. Forest Service, U.S. Bureau of

Land Management, the Federal Highway

Administration, and the Federal Energy

Regulatory Commission) and related or

similar actions of other Federallyregulated projects and lands including

livestock grazing allocations in the

Umpqua River Basin by the U.S. Forest

Service and U.S. Bureau of Land

Management; hydropower operators

(i.e., PacifiCorp) in the Umpqua River

system licensed by the Federal Energy

Regulatory Commission; timber sales in

the Umpqua River Basin conducted by

the U.S. Forest Service and U.S. Bureau

of Land Management; road building

activities authorized by the Federal

Highway Administration, U.S. Forest

Service, and U.S. Bureau of Land

Management; and mining and road

building activities authorized by the

state of Oregon. Other actions of

concern include dredge and fill, mining,

and bank stabilization activities

authorized and/or conducted by the

U.S. Army Corps of Engineers

throughout the Umpqua River Basin.

The Federal agencies that will most

likely be affected by this critical habitat

designation include the U.S. Forest

Service, U.S. Bureau of Land

Management, U.S. Bureau of

Reclamation, U.S. Army Corps of

Engineers, the Federal Highway

Administration, and the Federal Energy

Regulatory Commission. This

designation will provide clear

notification to these agencies, private

entities, and the public of critical

habitat designated for listed Umpqua

River cutthroat trout and the boundaries

of the habitat and protection provided

for that habitat by the section 7

consultation process. This designation

will also assist these agencies and others

in evaluating the potential effects of

their activities on listed Umpqua River

cutthroat trout and their critical habitat

and in determining when consultation

with NMFS would be appropriate.

Proposed Critical Habitat; Geographic

Extent

Proposed critical habitat for listed

Umpqua River cutthroat trout includes:

The Umpqua River from a straight line

connecting the west end of the South

jetty and the west end of the North jetty

and including all Umpqua River

estuarine areas (including the Smith

River) and tributaries proceeding

upstream from the Pacific Ocean to the

confluence of the North and South

Umpqua Rivers; the North Umpqua

River, including all tributaries, from its

confluence with the mainstem Umpqua

River to Toketee Falls; the South

Umpqua River, including all tributaries,

from its confluence with the mainstem

Umpqua River to its headwaters

(including Cow Creek, tributary to the

South Umpqua River). Critical habitat

includes all waterways below

longstanding, natural impassable

barriers (i.e., natural water falls in

existence for over several hundred

years). Critical habitat includes the

bottom and water of the waterways and

adjacent riparian zone. The riparian

zone includes those areas within 300 ft

(91.4 m) of the normal line of the high

water mark of the stream channel or

from the shoreline of a standing body of

water.

Expected Economic Impacts of

Designating Critical Habitat

The economic impacts to be

considered in a critical habitat

designation are the incremental effects

of critical habitat designation above the

economic impacts attributable to listing

or attributable to authorities other than

the ESA (see Consideration of
Federal Register / Vol. 62, No. 146 / Wednesday, July 30, 1997 / Proposed Rules 40789

Economic, Environmental and Other

Factors section of this preamble).

Incremental impacts result from special

management activities in areas outside

the present distribution of the listed

species that have been determined to be

essential to the conservation of the

species. However, NMFS has

determined that the present in-river

species range contains sufficient habitat

for conservation of the species.

Therefore, NMFS finds that there are no

incremental impacts associated with

this critical habitat designation.

Public Comments Solicited; Public

Hearings

NMFS is soliciting information,

comments and/or recommendations on

any aspect of this proposal from all

concerned parties (see ADDRESSES).

NMFS will consider all information,

comments, and recommendations

received before reaching a final

decision.

Department of Commerce ESA

implementing regulations state that the

Secretary ‘‘shall promptly hold at least

one public hearing if any person so

requests within 45 days of publication

of a proposed regulation to designate

critical habitat.’’ (See 50 CFR

424.16(c)(3)). Public hearings on the

proposed rule provide the opportunity

for the public to give comments and to

permit an exchange of information and

opinion among interested parties. NMFS

encourages the public’s involvement in

such ESA matters.

The public hearings on this action are

scheduled as follows:

1. Wednesday, August 20, 6:30 p.m. to

9:30 p.m., Douglas County Court House,

Hearing Room 216, 1036 SE Douglas,

Roseburg, OR 97470.

2. Thursday, August 21, 6:30 p.m. to

9:30 p.m., Reedsport Community

Building, Council Chambers, 451

Winchester Avenue, Reedsport, OR

97467.

Interested parties will have an

opportunity to provide oral and written

testimony at the public hearings. These

hearings are physically accessible to

people with disabilities. Requests for

sign language interpretation or other

auxiliary aids should be directed to Jim

Lynch at (503) 230–5422.

National Environmental Policy Act

NMFS has determined that

Environmental Assessments and

Environmental Impact Statements, as

defined under the authority of the

National Environmental Policy Act of

1969, need not be prepared for critical

habitat designations made pursuant to

the ESA. See Douglas County v. Babbitt,

48 F.3D 1495 (9th Cir. 1995), cert.

denied, 116 S.Ct. 698 (1996).

Classification

The Assistant Administrator for

Fisheries, NOAA (AA), has determined

that this is not a ‘‘major rule’’ requiring

a regulatory impact analysis under E.O.

12291. The regulations are not likely to

result in (1) an annual effect on the

economy of $100 million or more; (2) a

major increase in costs or prices for

consumers, individual industries,

Federal, state, or local government

agencies, or geographic regions; or (3) a

significant adverse effect on

competition, employment, investment,

productivity, innovation, or on the

ability of U.S.-based enterprises to

compete with foreign-based enterprises

in domestic or export markets.

The General Counsel of the

Department of Commerce has certified

to the Chief Counsel for Advocacy of the

Small Business Administration, that the

proposed rule, if adopted, would not

have a significant economic impact on

a substantial number of small entities as

described in the Regulatory Flexibility

Act. NMFS completed an assessment of

the economic impacts of designating

critical habitat. NMFS found that since

listing species under the ESA provides

significant protection to the species

habitat, the economic and other impacts

resulting from critical habitat

designation are minimal. Therefore, a

regulatory flexibility analysis is not

required.

This rule does not contain a

collection-of-information requirement

for purposes of the Paperwork

Reduction Act.

The AA has determined that the

proposed designation is consistent to

the maximum extent practicable with

the approved Coastal Zone Management

Program of the State of Oregon. This

determination has been submitted for

review by the responsible state agencies

under section 3.7 of the Coastal Zone

Management Act.

References

The complete citations for the

references used in this document can be

obtained by contacting Garth Griffin,

NMFS (see ADDRESSES).

List of Subjects in 50 CFR Part 226

Endangered and Threatened Species.

Dated: July 24, 1997.

David L. Evans,

Deputy Assistant Administrator for Fisheries,

National Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR part 226 is proposed

to be amended as follows:

PART 226—DESIGNATED CRITICAL

HABITAT

1. The authority citation for part 226

continues to read as follows:

Authority: 16 U.S.C. 1533.

2. § 226.22, introductory paragraph, is

amended by revising the sixth sentence

to read as follows:

§ 226.22 Snake River Sockeye Salmon

(Oncorhynchus nerka), Snake River Spring/

Summer Chinook Salmon (Oncorhynchus

tshawytscha), Snake River Fall Chinook

Salmon (Oncorhynchus tshawytscha).

* * * Hydrologic units (Table 3) are

those defined by the Department of the

Interior (DOI), U.S. Geological Survey

(USGS) publication, ‘‘Hydrologic Unit

Maps,’’ Water Supply Paper 2294,

1986’’, and the following DOI, USGS,

1:500,000 scale hydrologic unit maps:

State of Oregon (1974) and State of

California (1978), which are

incorporated by reference. * * *

3. Section 226.23 is added to subpart

C to read as follows:

§ 226.23 Umpqua River cutthroat trout

(Oncorhynchus clarki clarki).

The following areas consisting of the

water, waterway bottom, and adjacent

riparian zone of specified lakes and

river reaches in hydrologic units

presently accessible to listed Umpqua

River cutthroat trout: The Umpqua River

from a straight line connecting the west

end of the South jetty and the west end

of the North jetty and including all

Umpqua River estuarine areas

(including the Smith River) and

tributaries proceeding upstream from

the Pacific Ocean to the confluence of

the North and South Umpqua Rivers;

the North Umpqua River, including all

tributaries, from its confluence with the

mainstem Umpqua River to Toketee

Falls; the South Umpqua River,

including all tributaries, from its

confluence with the mainstem Umpqua

River to its headwaters (including Cow

Creek, tributary to the South Umpqua

River). Critical habitat includes all river

reaches below longstanding, natural

impassable barriers (i.e., waterfalls in

existence for several hundred years) in

the following hydrologic units: North

Umpqua, South Umpqua, and Umpqua.

Critical habitat borders on or passes

through the following counties in

Oregon: Douglas, Lane, Coos, Jackson,

and Klamath counties. Perennial rivers

and creeks within the defined areas are

also included in the critical habitat

designation (but are not specifically

named), unless otherwise noted.

Adjacent riparian zones are defined as

those areas within a horizontal distance

of 300 ft (91.4 m) from the normal line
40790 Federal Register / Vol. 62, No. 146 / Wednesday, July 30, 1997 / Proposed Rules

2Hydrologic units and names taken from DOI,

USGS 1:500,000 scale State of Oregon (1974)

hydrologic unit map (available from USGS).

of high water of a stream channel (600

ft or 182.8 m, when both sides of the

stream channel are included) or from

the shoreline of a standing body of

water. Figure 1 identifies the general

geographic extent of larger rivers, lakes,

and streams within hydrologic units

designated as critical habitat for

Umpqua River cutthroat trout. Note that

Figure 1 does not constitute the

definition of critical habitat but, instead,

is provided as a general reference to

guide Federal agencies and interested

parties in locating the general

boundaries of critical habitat for listed

Umpqua River cutthroat trout. The

complete text delineating the critical

habitat for the species follows.

Hydrologic units (Table 1) are those

defined by the Department of the

Interior (DOI), U.S. Geological Survey

(USGS) publication, ‘‘Hydrologic Unit

Maps,’’ Water Supply Paper 2294, 1986,

and the following DOI, USGS, 1:500,000

scale hydrologic unit maps: State of

Oregon, 1974, which are incorporated

by reference. This incorporation by

reference was approved by the Director

of the Federal Register in accordance

with 5 U.S.C. 552(a) and 1 CFR part 51.

Copies of the USGS publication and

maps may be obtained from the USGS,

Map Sales, Box 25286, Denver, CO

80225. Copies may be inspected at

NMFS, Protected Species Program,

Environmental and Technical Services

Division, 525 NE Oregon St.—Suite 500,

Portland, OR 97232–2737, or NMFS,

Office of Protected Resources, 1335

East-West Highway, Silver Spring, MD

20910, or at the Office of the Federal

Register, 800 North Capitol Street, NW.,

Suite 700, Washington, DC. Critical

habitat maps are available upon request

from Garth Griffin, NMFS, Protected

Species Branch, Environmental and

Technical Services Division, 525 NE

Oregon St. Suite 500, Portland, OR

97232–2737, telephone (503/230–5430).

3. Table 4 and Figure 9 are added to

part 226 to read as follows:

Table 4 to part 226—Hydrologic

Units 2 Containing Critical Habitat for

Endangered Umpqua River cutthroat

trout and counties contained in each

Hydrologic Unit.

Hydrologic unit

name

Hydrologic unit

number

Counties contained in

hydrologic unit

North

Umpqua.

17100301 Douglas, Lane, Klamath.

South

Umpqua.

17100302 Douglas, Jackson,

Coos.

Umpqua 17100303 Douglas, Lane, Coos.

BILLING CODE 3510–22–P
Federal Register / Vol. 62, No. 146 / Wednesday, July 30, 1997 / Proposed Rules 40791

[FR Doc. 97–19956 Filed 7–29–97; 8:45 am]

BILLING CODE 3510–22–C