Federal Register / Vol. 63, No. 111 /Wednesday, June 10, 1998 / Proposed Rules 31691

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

Endangered and Threatened Wildlife

and Plants; 90-day Finding and

Commencement of Status Review for a

Petition To List the Westslope

Cutthroat Trout as Threatened

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Notice of petition findings and

initiation of status review.

SUMMARY: The U.S. Fish and Wildlife

Service (Service) announces a 90-day

finding for an amended petition to list

the westslope cutthroat trout

(Oncorhynchus clarki lewisi) as

threatened throughout its range and

designate critical habitat for this

subspecies pursuant to the Endangered

Species Act of 1973, as amended. The

Service finds that the amended petition

provides substantial scientific and

commercial information to indicate that

listing of this subspecies of cutthroat

trout as threatened, throughout all or

parts of its range, may be warranted.

DATES: The finding announced in this

document was made on June 1, 1998.

Comments and materials need to be

submitted by August 10, 1998 to be

considered in the 12-month finding.

ADDRESSES: Data, information, technical

critiques, comments, or questions

relevant to this amended petition

should be sent to the Chief, Branch of

Native Fishes Management, Montana

Fish and Wildlife Management

Assistance Office, 4052 Bridger Canyon

Road, Bozeman, Montana 59715. The

amended petition, its appendices, and

bibliography are available for public

inspection, by appointment, at the

above address. Electronic copies of the

amended petition and bibliography may

be requested and received via e-mail

from lynnlkaeding@fws.gov.

FOR FURTHER INFORMATION CONTACT:

Lynn Kaeding, at the above address, or

telephone (406) 582–0717.

SUPPLEMENTARY INFORMATION:

Background

Section 4(b)(3)(A) of the Endangered

Species Act (Act) of 1973, as amended

(16 U.S.C. 1531 et seq.), requires that the

U.S. Fish and Wildlife Service (Service)

make a finding on whether a petition to

list, delist, or reclassify a species, or to

revise a critical habitat designation

presents substantial scientific and

commercial information to indicate that

the petitioned action may be warranted.

To the maximum extent practicable, this

finding is to be made within 90 days of

the receipt of the petition, and the

finding is to be promptly published in

the Federal Register. If the finding is

positive, the Service also is required to

commence a review of the status of the

petitioned species.

On June 6, 1997, the Service received

a formal petition to list the westslope

cutthroat trout as threatened throughout

its range and designate critical habitat

for this subspecies pursuant to the

Endangered Species Act of 1973, as

amended. Copetitioners were American

Wildlands, Clearwater Biodiversity

Project, Idaho Watersheds Project, Inc.,

Montana Environmental Information

Center, the Pacific Rivers Council, Trout

Unlimited’s Madison-Gallatin Chapter,

and Mr. Bud Lilly.

On July 2, 1997, the Service notified

the copetitioners that the Service’s Final

Endangered Species Act Listing Priority

Guidance, published in the December 5,

1996, Federal Register (61 FR 64425),

designated the processing of new listing

petitions as a Tier 3 activity, i.e., of

lower priority than completion of

emergency listings (Tier 1) and

processing of pending proposed listings

(Tier 2). The Service further indicated

that personnel and budget in the

Service’s Mountain-Prairie Region,

which had been assigned responsibility

for Service activities pertaining to the

petition, would continue to be directed

toward accomplishment of ongoing Tier

2 activities and Tier 3 activities for

species judged to be in greater need of

the Act’s protection than westslope

cutthroat trout. As these higher-priority

activities were accomplished and

personnel and funds became available,

however, the Service would proceed

with its 90-day finding on the westslope

cutthroat trout listing petition.

On January 25, 1998, the Service

received from the copetitioners an

amended petition to list the westslope

cutthroat trout as threatened throughout

its range and designate critical habitat

for this subspecies. The amended

petition contained a substantial amount

of new information in support of the

requested action. In the amended

petition, the copetitioners assert that the

westslope cutthroat trout should be

listed as threatened because the

subspecies’ present distribution and

abundance are substantially reduced

from historical conditions; remaining

populations are small, widely separated,

and continue to decline in abundance;

and the threats to the survival of

westslope cutthroat trout are pervasive

and ongoing. The copetitioners indicate

that threats to westslope cutthroat trout

include habitat destruction from logging

and associated road building; adverse

effects on habitat resulting from

livestock grazing, mining, urban

development, agricultural practices, and

the operation of dams; historic and

ongoing stocking of nonnative fish

species that compete with or prey upon

westslope cutthroat trout or jeopardize

the genetic integrity of the subspecies

through hybridization; and excessive

harvest by anglers. The copetitioners

further assert that programs to protect

and restore westslope cutthroat trout are

inadequate or nonexistent, and

populations of this fish continue to be

threatened by a wide variety of ongoing

and proposed activities.

The historic distribution of westslope

cutthroat trout (Behnke 1992) in streams

and lakes is not known precisely but

can be summarized as follows: West of

the Continental Divide, the subspecies

is native to several major drainages of

the Columbia River basin, including the

upper Kootenai River drainage from its

headwaters in British Columbia,

through northwest Montana, and into

northern Idaho; the entire Clark Fork

River drainage of Montana and Idaho

downstream to the falls on the Pend

Oreille River near the Idaho-Washington

border; the Spokane River above

Spokane Falls and into Idaho’s Coeur

d’Alene and St. Joe River drainages; and

the Salmon and Clearwater River

drainages of Idaho’s Snake River basin.

The historic distribution of westslope

cutthroat trout also includes disjunct

areas in Washington (e.g., Methow,

Entiat, and Wenatchee River drainages),

in the John Day River drainage in

Oregon, and in British Columbia. East of

the Continental Divide, the historic

distribution of westslope cutthroat trout

includes the headwaters of the South

Saskatchewan River drainage (United

States and Canada); the entire Missouri

River drainage upstream from Fort

Benton, Montana, and extending into

northwest Wyoming; and the

headwaters of the Judith, Milk, and

Marias Rivers, which join the Missouri

River downstream from Fort Benton.

In the amended petition, the

copetitioners assert that remaining,

genetically pure populations of

westslope cutthroat trout occur almost

exclusively in small, isolated streams in

mountainous areas, where the adverse

effects of human activities on this

subspecies and its habitat are negligible.

In Montana, the region for which most

data are provided, the copetitioners

indicate that populations of genetically

pure westslope cutthroat trout occur in

about 3.5 percent and 1.5 percent of

their historic stream habitat in the

Kootenai River and upper Missouri

River drainages, respectively. Similar

percentages are reported for genetically
31692 Federal Register / Vol. 63, No. 111 /Wednesday, June 10, 1998 / Proposed Rules

pure populations of the fish in other

drainages in Montana. Additionally,

only 8.3 percent of the 265 lakes

believed to be historic habitat for

westslope cutthroat trout in Montana

are said to now have genetically pure

populations. More common today are

westslope cutthroat trout populations

that have some degree of hybridization

with introduced, nonnative trout.

Recent investigations (Shepard et al.

1997) suggest that 90 percent of the

remaining westslope cutthroat trout

populations in Montana’s upper

Missouri River drainage have a high

probability of becoming extinct within

100 years.

The copetitioners further assert that

populations of westslope cutthroat trout

now occur in 11 percent of historic

habitat in Idaho and 41 percent in

Oregon, although data on genetic purity

are not available for most populations.

The status of native populations of the

species in Washington is largely

unknown, although several populations

were apparently confirmed by recent

studies. About half of the few streams in

Wyoming that are historic habitat for

westslope cutthroat trout now have

populations of this subspecies, but all

are hybridized to some degree with

stocked, nonnative trout. In Alberta and

British Columbia, Canada, little is

known about the status of native

westslope cutthroat trout, although

genetically pure populations have been

found in the upper Kootenai River

drainage.

Listing Factors

The following is a brief discussion of

the five listing factors set forth in

section 4(a)(1) of the Act and related

regulations (50 CFR Part 424), and the

applicability of these factors to the

westslope cutthroat trout.

A. The Present or Threatened

Destruction, Modification, or

Curtailment of the Species’ Habitat or

Range

As indicated by the copetitioners,

reproduction and survival of westslope

cutthroat trout are adversely affected by

increased stream sedimentation and

temperatures and the alteration of

natural stream flows that often result

from logging and associated road

building, livestock grazing, mining,

urban development, agricultural

practices, and the operation of dams. In

many areas where this subspecies

remains today, populations of westslope

cutthroat trout are threatened by similar

ongoing or proposed activities.

B. Overutilization for Commercial,

Sporting, Scientific, or Educational

Purposes

The copetitioners provide evidence

that overfishing contributed to the

decline in westslope cutthroat trout

populations. Where present angling

regulations and their enforcement are

not adequate to protect remaining

westslope cutthroat trout populations

from overfishing, the continued

existence of these populations may be

threatened.

C. Disease or Predation

Whirling disease was recently

detected in Montana and is believed to

be responsible for a 90 percent decline

in the rainbow trout population of the

Madison River. The disease has also

been found in Idaho, Oregon, and

Washington. The copetitioners provide

evidence that westslope cutthroat trout,

close relatives to rainbow trout, are

equally susceptible to whirling disease.

Because there is presently no means to

eliminate whirling disease or effectively

control its spread, whirling disease may

pose a threat to the continued existence

of some westslope cutthroat trout

populations. The copetitioners also

provide evidence that, in some areas,

nonnative fish species prey upon

westslope cutthroat trout. Where the

stocking of such nonnative species

continues near areas inhabited by

westslope cutthroat trout, and in areas

where established populations of such

nonnative fish species grow and spread,

these nonnative fishes pose a threat to

the continued existence of westslope

cutthroat trout.

D. Inadequacy of Existing Regulatory

Mechanisms

The copetitioners assert that the

survival of westslope cutthroat trout is

threatened by the absence of a

comprehensive conservation strategy to

protect and restore aquatic ecosystems

and that designation of the subspecies

as sensitive or of special concern by

various management agencies has done

little to control activities that degrade

habitat and threaten remaining

westslope cutthroat trout populations.

E. Other Natural or Manmade

Mechanisms

The copetitioners provide evidence

that hybridization with nonnative fish

species is one of the most significant

threats to the continued existence of

westslope cutthroat trout. As the result

of extensive stocking of nonnative

species beginning in the 1800’s and

continuing in some areas today, such

hybridization has occurred throughout

much of the subspecies’ range. Where

the stocking of such nonnative species

continues near areas inhabited by

westslope cutthroat trout, and in areas

where established populations of such

nonnative fish species grow and spread,

these nonnative fishes pose a threat to

the continued existence of westslope

cutthroat trout. The copetitioners also

assert that the spatial separation of

remaining westslope cutthroat trout

populations precludes natural

interbreeding and thereby increases the

likelihood that these populations will

become extinct due to limited genetic

variability; and small sizes make these

populations more vulnerable to

extinction due to natural catastrophes

such as floods, landslides, and fires.

Finding

The Service has reviewed the

amended petition, as well as other

available information, published and

unpublished studies and reports, and

agency files. On the basis of the best

scientific and commercial information

available, the Service finds that there is

sufficient information to indicate that

listing of the westslope cutthroat trout

as threatened, throughout all or parts of

its range, may be warranted. The Service

believes that the decline of westslope

cutthroat trout is due mainly to the

destruction and adverse modification of

habitat and the negative effects of

stocked, nonnative fish species, as

described above under the listing

factors. However, the Service also

believes that the present status of

westslope cutthroat trout throughout its

historic range is not well understood,

particularly with regard to the genetic

characteristics of many known

populations, the possible occurrence of

additional populations in areas that

have not been studied, and the measures

now underway to protect remaining

populations. Within 1 year from the

date the petition was received, a finding

as to whether the petitioned action is

warranted is required by section

4(b)(3)(B) of the Act. The petitioners

also requested that critical habitat be

designated for this species. If the

Service’s 12-month finding indicates

that the petitioned action to list the

westslope cutthroat trout is warranted,

then designation of critical habitat will

be addressed in the subsequent

proposed rule.

References Cited

Behnke, R. J. 1992. Native trout of western

North America. American Fisheries Society

Monograph 6.

Shepard, B.B., D. Sanborn, L. Ulmer, and

D.C. Lee. 1997. Status and risk of

extinction for westslope cutthroat trout in

the upper Missouri River basin, Montana.
Federal Register / Vol. 63, No. 111 /Wednesday, June 10, 1998 / Proposed Rules 31693

North American Journal of Fisheries

Management 17:1158–1172.

Author

The primary author of this 90-day

finding is Lynn Kaeding (See ADDRESSES

section).

Authority

The authority for this action is the

Endangered Species Act of 1973, as

amended (16 U.S.C. 1531–1544).

List of Subjects in 50 CFR Part 17

Endangered and threatened species,

Exports, Imports, Reporting and

recordkeeping requirements,

Transportation.

Dated: June 1, 1998.

Jamie Rappaport Clark,

Director, Fish and Wildlife Service.

[FR Doc. 98–15317 Filed 6–5–98; 8:45 am]

BILLING CODE 4310–55–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018—AF01

Endangered and Threatened Wildlife

and Plants: Proposal To List the

Coastal-Puget Sound, Jarbidge River

and St. Mary-Belly River Population

Segments of Bull Trout as Threatened

Species

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Proposed rule.

SUMMARY: The U.S. Fish and Wildlife

Service (Service) proposes to list the

Coastal-Puget Sound population

segment of bull trout (Salvelinus

confluentus) from the coastal drainages

and Puget Sound in western

Washington; the Jarbidge River

population segment of bull trout from

the Jarbidge River basin in southern

Idaho and northern Nevada; and the St.

Mary-Belly River population segment of

bull trout in the St. Mary and Belly

rivers in northwestern Montana as

threatened with a special rule, pursuant

to the Endangered Species Act of 1973

(Act). The Coastal-Puget Sound

population segment, composed of 35

subpopulations of ‘‘native char’’, is

threatened by habitat degradation, dams

and diversions, and interactions with

non-native fishes. The Jarbidge River

population segment, composed of a

single subpopulation, is threatened by

habitat degradation from past and

ongoing land management activities

such as mining, road construction and

maintenance, and grazing. The St. MaryBelly River population segment,

composed of four subpopulations, is

threatened by the effects of water

management such as dewatering,

entrainment, and passage barriers at

diversion structures, and interactions

with introduced non-native fishes. The

special rule allows for take of bull trout

within the three population segments if

in accordance with applicable State and

Native American Tribal fish and

wildlife conservation laws and

regulations, and conservation plans.

This proposal, if made final, would

extend protection of the Act to these

three bull trout population segments.

DATES: Comments from all interested

parties must be received by October 8,

1998. Public hearings locations and

dates are set forth in the SUPPLEMENTARY

INFORMATION section.

ADDRESSES: Comments and material

concerning this proposal should be sent

to the U.S. Fish and Wildlife Service,

Snake River Basin Field Office, 1387 S.

Vinnell Way, Room 368, Boise, Idaho

83709. Comments and material received

will be available for public inspection,

by appointment, during normal business

hours at the above address.

FOR FURTHER INFORMATION CONTACT:

Robert Ruesink, Supervisor, Snake River

Basin Field Office, at the above address

(telephone 208/378–5243; facsimile

208/378–5262).

SUPPLEMENTARY INFORMATION: Public

hearings locations and dates are:

1. Tuesday, July 7, 1998, from 2:00–

4:00 p.m. and from 6:00–8:00 p.m. at the

Norman Worthington Conference Center

at St. Martin’s College, 5300 Pacific

Avenue SE, Lacey, Washington.

2. Thursday, July 9, 1998, from 2:00–

4:00 p.m. and from 6:00–8:00 p.m. at the

Best Western Cotton Tree Inn, Mt.

Adams Room, 2401 Riverside Dr, Mount

Vernon, Washington.

3. Tuesday, July 14, 1998, from 2:00–

until 4:00 p.m. and from 6:00–8:00 p.m.

at Glacier Park Lodge, East Glacier,

Montana.

4. Tuesday, July 21, 1998, from 2:00–

4:00 p.m. and from 6:00–8:00 p.m. at

Cactus Petes, 1385 US Highway 93,

Jackpot, Nevada.

Background

Bull trout (Salvelinus confluentus),

members of the family Salmonidae, are

char native to the Pacific northwest and

western Canada. Bull trout historically

occurred in major river drainages in the

Pacific northwest from about 41° N to

60° N latitude, from the southern limits

in the McCloud River in northern

California and the Jarbidge River in

Nevada to the headwaters of the Yukon

River in Northwest Territories, Canada

(Cavender 1978; Bond 1992). To the

west, bull trout range includes Puget

Sound, various coastal rivers of British

Columbia, Canada, and southeast Alaska

(Bond 1992). Bull trout are wide-spread

throughout tributaries of the Columbia

River basin, including its headwaters in

Montana and Canada. Bull trout also

occur in the Klamath River basin of

south central Oregon. East of the

Continental Divide, bull trout are found

in the headwaters of the Saskatchewan

River in Alberta and the MacKenzie

River system in Alberta and British

Columbia (Cavender 1978; McPhail and

Baxter 1996; Brewin and Brewin 1997).

Bull trout were first described as

Salmo spectabilis by Girard in 1856

from a specimen collected on the lower

Columbia River, and subsequently

described under a number of names

such as Salmo confluentus and

Salvelinus malma (Cavender 1978). Bull

trout and Dolly Varden (Salvelinus

malma) were previously considered a

single species (Cavender 1978; Bond

1992). Cavender (1978) presented

morphometric (measurement), meristic

(geometrical relation), osteological (bone

structure), and distributional evidence

to document specific distinctions

between Dolly Varden and bull trout.

Bull trout and Dolly Varden were

formally recognized as separate species

distributional evidence to document

specific distinctions between Dolly

Varden and bull trout. Bull trout and

Dolly Varden were formally recognized

as separate species by the American

Fisheries Society in 1980 (Robins et al.

1980). Although bull trout and Dolly

Varden co-occur in several northwestern

Washington River drainages, there is

little evidence of introgression (Haas

and McPhail 1991) and the two species

appear to be maintaining distinct

genomes (Leary et al. 1993; Williams et

al. 1995; Kanda et al. 1997; Spruell and

Allendorf 1997).

Bull trout exhibit resident and

migratory life-history strategies through

much of the current range (Rieman and

McIntyre 1993). Resident bull trout

complete their life cycles in the

tributary (or nearby) streams in which

they spawn and rear. Migratory bull

trout spawn in tributary streams where

juvenile fish rear from one to four years

before migrating to either a lake

(adfluvial), river (fluvial), or in certain

coastal areas, to saltwater (anadromous),

where maturity is reached in one of the

three habitats (Fraley and Shepard 1989;

Goetz 1989). Anadromy is the least

studied life-history type in bull trout,

and some biologists believe the

existence of anadromous bull trout may

be uncertain (McPhail and Baxter 1996).