[Federal Register Volume 75, Number 200 (Monday, October 18, 2010)]
[Rules and Regulations]
[Pages 63898-64070]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-25028]



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Part II





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; Revised Designation of 
Critical Habitat for Bull Trout in the Coterminous United States; Final 
Rule

Federal Register / Vol. 75, No. 200 / Monday, October 18, 2010 / 
Rules and Regulations

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-R1-ES-2009-0085]
[MO 92210-0-0009]
RIN 1018-AW88


Endangered and Threatened Wildlife and Plants; Revised 
Designation of Critical Habitat for Bull Trout in the Coterminous 
United States

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service, are revising critical 
habitat for the bull trout (Salvelinus confluentus) under the 
Endangered Species Act of 1973, as amended (Act). We are designating a 
total of 31,750.8 km (19,729.0 mi) of streams (which includes 1,213.2 
km (754.0 mi) of marine shoreline) and are designating a total of 
197,589.2 ha (488,251.7 ac) of reservoirs and lakes. The areas 
designated as critical habitat are located in the States of Washington, 
Oregon, Nevada, Idaho, and Montana.

DATES: This rule becomes effective on November 17, 2010.

ADDRESSES: This final rule and the associated final economic analysis, 
as well as comments and materials received, and supporting 
documentation we used in preparing this final rule, are available on 
the internet http://www.regulations.gov (see Docket No. FWS-R1-ES-2009-
0085; at http://www.fws.gov/pacific/bulltrout/; and by appointment, 
during normal business hours, at the U.S. Fish and Wildlife Service, 
Idaho Fish and Wildlife Office, 1387 S. Vinnell Way, Boise, ID 83709; 
telephone 208-378-5293; facsimile 208-378-5262.

FOR FURTHER INFORMATION CONTACT: Brian Kelly, State Supervisor, U.S. 
Fish and Wildlife Service, Idaho Fish and Wildlife Office (see 
ADDRESSES). If you use a telecommunications device for the deaf (TDD), 
call the Federal Information Relay Service (FIRS) at 800-877-8339.

SUPPLEMENTARY INFORMATION: 

Background

    It is our intent to discuss only those topics directly relevant to 
the development and designation of critical habitat for the bull trout 
in this final rule. For more information on bull trout biology and 
habitat, population abundance and trend, distribution, demographic 
features, habitat use and conditions, threats, and conservation 
measures, please refer to the Bull Trout 5-year Review Summary and 
Evaluation, completed April 25, 2008, available at http://ecos.fws.gov/docs/five --year --review/doc1907.pdf. For information on bull trout 
critical habitat, and information on the associated draft economic 
analysis for the proposed rule to designate revised critical habitat, 
refer to the proposed rule to designate critical habitat for the bull 
trout published in the Federal Register on January 14, 2010 (75 FR 
2269).

Description, Distribution, Habitat and Recovery

    Bull trout are members of the char subgroup of the family 
Salmonidae and are native to waters of western North America. Bull 
trout range throughout the Columbia River and Snake River basins, 
extending east to headwater streams in Montana and Idaho, into Canada, 
and in the Klamath River basin of south-central Oregon. Bull trout 
historically occurred in the Sacramento River basin, and were more 
widespread in general than they are now. The distribution of 
populations, however, is scattered and patchy (Goetz 1989, p. 4; Ziller 
1992, p. 6; Rieman and McIntyre 1993, p. 3; Light et al. 1996, p. 44; 
Quigley and Arbelbide 1997, p. 1176).
    Bull trout have more specific habitat requirements than most other 
salmonids (Rieman and McIntyre 1993, p. 4). Habitat components that 
particularly influence their distribution and abundance include water 
temperature, cover, channel form and stability, spawning and rearing 
substrate conditions, and migratory corridors (Fraley and Shepard 1989, 
p. 138; Goetz 1989, p. 19; Watson and Hillman 1997, p. 247). Large 
patches of these components are necessary to support robust 
populations. This rule identifies those physical or biological features 
essential to bull trout conservation.
    Bull trout exhibit a variety of migratory and nonmigratory life 
histories. Stream-resident bull trout complete their entire life cycle 
in the tributary streams where they spawn and rear. Most 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, p. 
133). Resident and migratory forms may be found together, and either 
form can produce resident or migratory offspring (Rieman and McIntyre 
1993, p. 2). Historically most bull trout populations may have included 
a migratory component, and any resident-only forms found today may 
often reflect a loss of the migratory component due to impacts such as 
habitat loss or migration barriers (Muhlfeld 2010, pers.comm.).
    Bull trout, coastal cutthroat trout (Oncorhynchus clarkii clarkii), 
Pacific salmon (Oncorhynchus spp.), and other species that migrate from 
saltwater to freshwater to reproduce are commonly referred to as 
anadromous. However, bull trout, coastal cutthroat trout, and some 
other species that enter the marine environment are more properly 
termed amphidromous. Unlike strictly anadromous species, such as 
Pacific salmon, amphidromous species often return seasonally to fresh 
water as subadults, sometimes for several years, before returning to 
spawn (Wilson 1997, p. 5; Brenkman and Corbett, 2005, p. 1075). The 
amphidromous life history form of bull trout is unique to the Coastal-
Puget Sound population (64 FR 58921, November 1, 1999). For additional 
information on the biology of this life form, see the June 25, 2004, 
proposed critical habitat designation for the Jarbidge River, Coastal-
Puget Sound, and Saint Mary-Belly River populations of bull trout (69 
FR 35767).
    The decline of bull trout is primarily due to habitat degradation 
and fragmentation, blockage of migratory corridors, poor water quality, 
past fisheries management practices, impoundments, dams, water 
diversions, and the introduction of nonnative species (63 FR 31647, 
June 10, 1998; 64 FR 17112, April 8, 1999). Climate change may 
exacerbate some of these impacts. The bull trout 5-year review (Service 
2008, p. 45) recommended that the recovery units identified in the 2002 
draft recovery plan be updated based on assemblages of bull trout core 
areas (metapopulations, or interacting breeding populations) that 
retain genetic and ecological integrity and are significant to the 
distribution of bull trout throughout the conterminous United States. 
After consulting with biologists from States, Federal agencies, and 
Native American Tribes, and applying the best scientific information 
available, we identified six draft recovery units for bull trout in the 
conterminous United States. Please refer to the ``Critical Habitat'' 
section below for additional information on this topic.

Previous Federal Actions

    On November 29, 2002, we proposed to designate critical habitat for 
the Klamath River and Columbia River bull trout populations (67 FR 
71235). On October 6, 2004, we finalized the critical habitat 
designation for the Klamath

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River and Columbia River bull trout populations (69 FR 59995). On June 
25, 2004, we proposed to designate critical habitat for the Jarbidge 
River, Coastal-Puget Sound, and Saint Mary-Belly River bull trout 
populations (69 FR 35767). On September 26, 2005, we designated 
critical habitat for the Klamath River, Columbia River, Jarbidge River, 
Coastal-Puget Sound, and Saint Mary-Belly River populations of bull 
trout (70 FR 56212). Please refer to the above-mentioned rules for a 
detailed summary of previous Federal actions completed prior to 
publication of this final rule.
    On January 5, 2006, a complaint was filed in Federal district court 
by the Alliance for the Wild Rockies, Inc., and Friends of the Wild 
Swan, alleging the U.S. Fish and Wildlife Service (Service) failed to 
designate adequate critical habitat, failed to rely on the best 
scientific and commercial data available, failed to consider the 
relevant factors that led to listing, and failed to properly assess the 
economic benefits and costs of critical habitat designation. Other 
allegations included inadequate analysis and unlawful use of exclusions 
under section 4(b)(2) of the Act. On March 23, 2009, the Service 
provided notice to the U.S. District Court for the District of Oregon 
that we would seek remand of the final critical habitat rule for bull 
trout based on the findings of an investigative report by the 
Department of the Interior's Inspector General (USDI 2008, pp. 10-38). 
On July 1, 2009, the Court granted our request for a voluntary remand 
of the 2005 final rule and directed a new proposed rule to be completed 
by December 31, 2009, with a final rule submitted to the Federal 
Register by September 30, 2010 (Alliance for the Wild Rockies v. Allen, 
2009 U.S. Dist. LEXIS 63122 (D. Or., July 1, 2009)). On January 14, 
2010, the Service published a proposed revised bull trout critical 
habitat rule (75 FR 2269). The comment period on the proposed rule was 
open for 60 days, ending March 15, 2010. On March 23, 2010, we reopened 
the comment period on the proposed rule for an additional 14 days, 
ending April 5, 2010 (75 FR 13715).

Summary of Comments and Recommendations

    We requested written comments from the public on the proposed 
designation of critical habitat for the bull trout during two comment 
periods. The first comment period, associated with the publication of 
the proposed rule and announcement of availability of draft economic 
analysis (75 FR 2269, January 14, 2010), opened on January 14, 2010, 
and closed on March 15, 2010. We also reopened the comment period for 
an additional 15 days from March 23, 2010, to April 5, 2010 (75 FR 
13715, March 23, 2010), to accommodate a request for a comment period 
extension. We also contacted appropriate Federal, State, tribal, and 
local agencies, scientific organizations, and other interested parties 
and invited them to comment on the proposed rule and the draft economic 
analysis. We held a public hearing in Boise, Idaho, on February 25, 
2010, and held public meetings and open houses in Bend, Chiloquin, and 
LaGrande, Oregon; Post Falls, Idaho; Missoula, Montana; Elko, Nevada; 
and Wenatchee Washington. During the first comment period, we received 
a request for an additional public hearing from the Native Fish 
Society; however, section 4(b)(5)(E) of the Endangered Species Act of 
1973, as amended (Act) (16 U.S.C. 1531 et seq.), only requires that one 
public hearing be held on a proposed regulation if any person files a 
request for such a hearing within 45 days after the date of publication 
of a proposed rule. Because of the court-ordered deadline, we were 
unable to hold an additional public hearing; however, we did conduct an 
additional open house and public information meeting in Vancouver, 
Washington, in response to the Native Fish Society's request.
    We received several hundred comment letters and e-mails from 
individuals and organizations, and speaker testimony at the February 
25, 2010, Boise, Idaho, public hearing. We also received comment 
letters from four peer reviewers, eight State agencies, several Native 
American Tribes, and seven Federal agencies, including the U.S. Navy.
    We coordinated the proposed revision of critical habitat with 
federally recognized Tribes on a government-to-government basis 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 the relevant 
provision of the Departmental Manual of the Department of the Interior 
(512 DM 2). We contacted all Tribes potentially affected by the 
proposed designation and met with a number of these Tribes to discuss 
their ongoing or future management strategies for bull trout.
    All substantive information provided during comment periods has 
either been incorporated directly into this final designation or 
addressed below. Comments we received were grouped into general issues 
specifically relating to the proposed critical habitat designation for 
the bull trout, and are addressed in the following summary and 
incorporated into the final rule as appropriate.

Peer Review

    In accordance with our policy published in the Federal Register on 
July 1, 1994, (59 FR 34270), we solicited opinions from four 
knowledgeable individuals with scientific expertise that included 
familiarity with the species, the geographic region in which the 
species occurs, and conservation biology principles. We received 
responses from each of the peer reviewers we contacted. We reviewed all 
comments we received for substantive issues and new information 
regarding bull trout critical habitat. We have addressed peer reviewer 
comments in the following summary and have incorporated them into this 
final rule as appropriate.
    The peer reviewers generally agreed we relied on the best 
scientific information available, accurately described the species and 
its habitat requirements (primary constituent elements (PCEs)), and 
accurately characterized the reasons for the species' decline and the 
threats to its habitat, and the peer reviewers generally concurred with 
our critical habitat selection criteria. Peer reviewer comments 
addressed several topics, including the importance of off-channel 
habitats and information on specific waterbodies, climate change, 
migratory corridors and connectivity, historical and contemporary 
range, disturbance processes, primary constituent elements, and 
threats.

Comments from Peer Reviewers

    (1) Comment: The Service should discuss uncertainty in our 
knowledge of habitat use by bull trout and what habitat features are 
important to bull trout. Peer reviewers expressed concern about how new 
information (e.g., regarding bull trout occupancy, and habitat 
requirements and use) should be integrated into critical habitat 
protections. Because we do not know what type of disturbance will occur 
where, or how long those effects may last, there are uncertainties 
regarding future habitat viability (i.e., what is good habitat today 
might not be suitable in the future, and vice versa).
    Some specific comments include the following. The term ``migratory 
corridors'' implies that fish do not occupy these areas for extended 
periods of time during their life history, but mainstem river habitats 
are critical for rearing and overwintering. Subadults stay for months 
and years in these areas

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to grow to maturity. Bull trout depend critically on large patches of 
suitably cold habitat; cold habitat is necessary, but it also has to be 
very large as well. In addition to connectivity, this is a landscape 
characteristic that defines the species' local occurrence. In areas 
where anadromous fish are extirpated or endangered, bull trout have 
been affected through the loss of abundant prey in the form of parr and 
smolts, and by a severe reduction in marine-derived nutrients that 
adult anadromous fish formerly annually returned to interior basins. 
The PCEs do not address habitat requirements for fry-parr rearing, fry-
parr overwintering, adult staging, and adult overwintering. PCE 6 needs 
to address cobble/boulder substrates with a few fines and abundant 
interstitial spaces as essential for overwintering bull trout juveniles 
and resident bull trout. The actual range of spawning temperature is 
wider and often noted in field observations, but less frequently 
published. Studies found that fish in cold water did not move outside 
of cold water to other spawning areas, but there is probably more 
variation than indicated in the proposed rule (75 FR 2278, January 14, 
2010). The implication is that a wider range of habitats may be 
important for spawning. Finally, it appeared to reviewers that there 
was an arbitrary distinction drawn between foraging, migration, and 
overwintering (FMO) and spawning and rearing habitat. In addition, peer 
reviewers provided additional bull trout life-history information.
    Our Response: The Service agrees there are many uncertainties in 
the identification and protection of essential bull trout habitat. 
Uncertainties include an incomplete understanding of important 
features, uncertainty of future disturbance effects, a lack of data to 
clearly distinguish between spawning and rearing and FMO habitats, and 
a lack of information on how the absence of or a reduction in 
anadromous fish abundance affects bull trout. The PCEs in this final 
rule represent our best current understanding of habitat requirements 
for bull trout. The PCEs were developed by working with a broad array 
of local experts to identify both occupied habitat that contains 
physical or biological features essential to bull trout conservation, 
and unoccupied habitat that is essential to conservation. We 
acknowledge that potential disturbances such as wildfire or invasive 
species introductions are difficult to predict, but may affect bull 
trout habitat. To address this concern, we designated critical habitat 
areas we believe will be sufficient to address variability in the 
habitat function of individual portions of these habitats over time, 
based on the best available scientific information. Should it become 
necessary, we can revise critical habitat to address more complete or 
additional information (if and when such information becomes available) 
relative to bull trout conservation.
    We have revised the PCEs based on the peer review and other 
comments, and believe they address all life-history components and 
habitat needs for bull trout, including the need for large patches of 
suitably cold habitat. Given the wide range of circumstances and 
habitats to which PCEs may apply, they necessarily lack absolute 
specificity and detail. The sections on Primary Constituent Elements, 
Effects of Critical Habitat Designation, and Application of the 
Jeopardy and Adverse Modification Standards, below, provide additional 
context for how the PCEs will be interpreted and implemented.
    We acknowledge an imprecise understanding of the distinction 
between spawning and rearing habitat and FMO habitat on a general and 
site-specific basis. This final rule acknowledges that bull trout 
typically spawn over a narrow time window of a couple weeks during 
periods of decreasing water temperatures, but clarifies that spawning 
ranges from August to November depending on local conditions (Swanberg 
1997, p. 735). When we discuss migratory corridors in this rule, we 
generally refer to FMO habitat, which includes more than just habitat 
for migration at limited times of year. We agree that there is 
considerable uncertainty regarding the role FMO habitat plays in any 
particular area. We anticipate the need to include spatial and temporal 
considerations regarding the role of FMO habitat for particular areas 
during section 7 consultation, and modify those consultations 
accordingly.
    We have a limited understanding of the effects that the loss of 
anadromous fish had on bull trout, although bull trout appear to 
continue to thrive in some areas where anadromous fish have been 
eliminated. However, bull trout populations may have been more robust 
where anadromous fish were historically also present, or present in 
greater numbers. For the purposes of this designation, we believe 
identifying essential habitats regardless of the historic or current 
presence of anadromous fish provides an opportunity to protect those 
essential habitats. We anticipate evaluating more closely the role 
anadromous fish may play in bull trout conservation during recovery 
planning.
    (2) Comment: Climate change should be identified as an existing 
stressor that compounds other stressors, contributing to bull trout 
decline. Due to the complex interaction of climatic responses and the 
high degree of uncertainty associated with climate projections, there 
needs to be some type of criteria (e.g., maximum summer temperatures) 
in deciding to deemphasize some habitats. One peer reviewer commented 
the current analysis of climate impacts does not help in thinking about 
localized climate impacts; it provides a big picture view that is 
probably a lot more apocalyptic than might actually occur (for example, 
air may respond a lot more strongly to climate impacts than water 
temperatures). Maximum air and water temperatures are not always 
correlated, and changes to air temperatures may not reliably indicate 
changes to water temperature. Lower-elevation, warmer, marginal 
habitats should not necessarily be excluded from critical habitat 
because they still may serve as important migratory corridors during 
certain times of the year that could link isolated populations. Not 
including these habitats as critical habitat could result in further 
habitat fragmentation, population isolation, and associated threats 
(e.g., reduced genetic diversity.). The Service should address the 
extent to which such habitats are valued and may be accounted for in 
recovery planning.
    Our Response: We are unable to predict the site-specific effects of 
climate change on bull trout habitat throughout the range of the 
species with certainty, but we did consider climate change as we 
developed the proposed rule (75 FR 2280, January 14, 2010). For areas 
that were marginal in terms of adequately providing PCEs for the bull 
trout, which we believe would be further degraded as a result of 
climate change, we chose not to identify those areas as critical 
habitat. However, this rationale was applied only in a few instances. 
We agree with the peer review comments that these warmer habitats can 
be essential to bull trout conservation because they facilitate 
connectivity among otherwise isolated headwater populations of bull 
trout. In the Klamath Basin, we are designating a larger amount of 
unoccupied habitat of this type specifically for this reason. In most 
cases, these areas can serve as migratory corridors in a few cooler 
months of the year with higher water flows. Also, providing cold-water 
habitat during low-flow summer months may never have been an important 
feature of this kind of habitat for bull trout.
    (3) Comment: While the presence of nonnative invasive species is 
likely

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detrimental to bull trout in most cases, areas with nonnative species 
present should not necessarily be excluded from critical habitat, as 
seems to be suggested under PCE 9. Nonnative species can serve as an 
important forage base where the native fish assemblage has been 
fractured. The Service should address more clearly how nonnative 
species impact our evaluation of whether habitats are essential.
    Our Response: We agree with peer reviewer's comments and have 
revised PCE 9 to reflect the concern. We considered the impact of 
invasive species to evaluate areas that may have been marginal habitat 
to begin with. If these areas were additionally compromised because of 
robust populations of invasive species that would be difficult to 
control, we are not designating the area as critical habitat if bull 
trout populations were not reasonably recoverable and the area was not 
needed for recovery. In some cases bull trout occur in good habitat 
that is primarily impacted by invasive species. If these populations 
are essential to recovery and special management actions can be 
reasonably implemented to control invasive species, we are designating 
the area as critical habitat. More importantly, this PCE is included 
here as one key bull trout habitat protection element. So, for example, 
a Federal action that would introduce an invasive species such as brook 
trout in a watershed with bull trout critical habitat would be 
inconsistent with the recovery needs of the species in that area.
    (4) Comment: The Service should ensure that confining the lateral 
extent of the critical habitat designation in streams to the bankfull 
elevation addresses habitat needs. The Service should also clarify what 
is meant by habitat complexity under PCE 4, and develop appropriate 
metrics that relate to habitat complexity. In some basins, off-channel 
habitats may be critical for providing low-velocity habitats for 
rearing small fish, and the accessibility of these habitats will change 
with flow. Many of the constituent elements identified for bull trout 
depend on watersheds as a whole, and other contributing tributaries, 
not just the reaches that bull trout use. Consequently, it may be 
difficult or impossible to conserve bull trout by limiting habitat 
protection and restoration only to the reaches that they use.
    Peer reviewer comments related to threats included observations 
that roads can increase the likelihood of poaching; herbicides and 
pesticides cause additional agricultural effects; screening of 
diversions may reduce the impacts of irrigation; negative impacts of 
flow modifications associated with hydropower and flood control 
operations, and summer augmentation, may occur in downstream areas; and 
road crossings may create barriers in addition to barriers already in 
place from dams.
    Our Response: Activities above the ordinary high water mark can, 
and often do, impact bull trout critical habitat. Off-channel habitats 
may be seasonally important for bull trout, and upland management 
practices such as road construction, use, and maintenance or timber 
harvest can affect aquatic habitat. Actions that occur upstream in a 
watershed above bull trout occurrence reaches can also adversely affect 
designated habitat if not properly conducted. We will implement this 
rule consistent with our understanding of these effects, and work 
closely and cooperatively with Federal agencies to ensure any such 
actions do not adversely modify designated critical habitat.
    When we discuss bull trout habitat complexity, we refer to a 
diversity of pool, riffle, and run habitats in streams, and gravel, 
cobble, and boulder stream substrates with open interstitial spaces. We 
also refer to stream channels and their associated riparian habitat 
areas that collectively function to provide important features such as 
undercut stream banks, shade, overhanging cover, and large woody debris 
in streams and other waterbodies. Any Federal actions that would 
adversely modify these features would be inconsistent with this rule. 
Examples of these actions could include activities that introduce 
sediment into streams that clog interstitial spaces, discharge dredged 
or fill material into stream pool habitat, degrade stream banks, and 
reduce or remove large woody debris. Because of this habitat complexity 
across the range of the species, we determined and quantified the 
habitat needs of the bull trout and defined the PCEs to include the 
needs of the species across all types of waterbodies within the full 
range of the bull trout. We have presented additional information for 
Federal agencies in the sections on Primary Constituent Elements and 
Section 7 Consultation, below, to help them consider their future 
actions and ongoing actions where they have continuing discretionary 
involvement with regard to conserving the PCEs. With regard to the 
comment that it may be difficult or impossible to conserve bull trout 
by limiting habitat protection and restoration only to the reaches that 
they use, we do not limit the critical habitat designation to occupied 
habitat. We are designating approximately 1,323.7 km (822.5 mi) of 
streams and 6,758.8 ha (16,701.3 ac) of unoccupied habitat to address 
bull trout conservation needs in specific geographic areas.
    (5) Comment: It is unclear where occupied habitats that are not 
proposed for designation are located, or where historical populations 
of bull trout once occurred. It is reasonably arguable that some 
critical habitat is more critical to the conservation needs of the 
species than other critical habitat.
    Our Response: Section 3(5)(A) of the Act defines critical habitat, 
in part, as the specific areas within the geographical area occupied by 
the species at the time it is listed, on which are found those physical 
or biological features essential to the conservation of the species 
which may require special management considerations or protection. 
Based on this definition, the proposed rule identified a large majority 
of habitat that was known to be occupied by bull trout at the time of 
listing. It is uncertain how much habitat may have been historically 
occupied but is no longer occupied. We used the best scientific 
information available to include occupied habitat with the features 
essential to the conservation of the species, as well as unoccupied 
areas also essential to the conservation of the bull trout. All areas 
designated as critical habitat in this final rule are essential to the 
conservation of the species, based on the best available information.
    (6) Comment: Peer reviewers questioned whether restoration 
activities in areas that are not designated as critical habitat could 
be counted as progress in terms of recovery, and whether all areas 
designated as critical habitat would have to be recovered before 
declaring overall bull trout recovery. One peer reviewer recommended 
that the final rule address how bull trout will be protected in 
reintroduction sites, such as the Clackamas River in Oregon, and how 
these areas may or may not be linked to the persistence of populations.
    Our Response: These comments will be fully considered as we engage 
in the recovery planning process. Please see the Relationship of 
Critical Habitat to Recovery Planning section of this rule for more 
information regarding this effort.
    (7) Comment: One peer reviewer stated that it wasn't clear whether 
areas outside of critical habitat are essential to conservation of bull 
trout, and that if not, biological consultations and

[[Page 63902]]

recovery planning and implementation should incorporate these 
considerations.
    Our Response: This rule designates as critical habitat areas that 
we have determined to meet the definition of critical habitat under 
section 3(5)(A) of the Act, except for those areas we have identified 
and expressly excluded under section 4(b)(2) of the Act. A critical 
habitat designation does not signal that habitat outside the designated 
area is unimportant or may not be required for recovery of the species. 
Areas that support populations, but are outside the critical habitat 
designation, may continue to be subject to conservation actions we 
implement under section 7(a)(1) of the Act, and are subject to the 
regulatory protections afforded by the section 7(a)(2) jeopardy 
standard. Please see the Effects of Critical Habitat Designation 
section in the rule for further information.
    (8) Comment: The Service should explain what has changed from 2005 
to 2010 that enabled a determination that unoccupied habitats were 
essential for the conservation of bull trout in certain areas.
    Our Response: As stated in the proposed rule (75 FR 2273, January 
14, 2010), in the 2005 final rule we did not designate any unoccupied 
critical habitat because the Secretary concluded that it was not 
possible to make a determination that such lands were essential to the 
conservation of the species. In the proposed rule and this rule, we 
were able to identify several habitats not occupied at the time of 
listing that we believe are essential for restoring functioning 
migratory bull trout populations based on currently available 
scientific information. These areas often include lower main stem river 
environments that can provide seasonally important migration habitat 
for bull trout. This type of habitat is essential in areas where bull 
trout habitat and population loss over time necessitates reestablishing 
bull trout in currently unoccupied habitat areas to achieve recovery.
    (9) Comment: More detailed and recent literature should be reviewed 
to support the habitat needs discussion. Updated citations and 
references that list research and other new information obtained since 
the original listing should be incorporated into the critical habitat 
rule.
    Our Response: We agree, and have done so in this final rule.

Comments from States

    Section 4(i) of the Act states, ``the Secretary shall submit to the 
State agency a written justification for his failure to adopt 
regulations consistent with the agency's comments or petition.'' 
Comments we received from States regarding the proposal to designate 
revised critical habitat for the bull trout are addressed below. We 
received comments from the Nevada Division of Wildlife, Montana Fish 
Wildlife and Parks, Oregon Department of Fish and Wildlife, Washington 
Department of Fish and Wildlife, Washington Department of Natural 
Resources (WDNR), Idaho Department of Lands, Idaho Office of Species 
Conservation, and Idaho Department of Fish and Game related to 
biological information for specific waterbodies, critical habitat 
exclusions, and economics. These agencies provided additional 
information and made recommendations for revisions to the final 
critical habitat designation in several specific areas. Two agencies 
expressed specific support for the Service's approach to designating 
critical habitat.
    (1) Comment: We received several comments from State resource 
agencies presenting site-specific biological information on areas that 
should or should not be considered essential habitat, and the 
underlying rationale for those recommendations.
    Our Response: The information received from our State resource 
agency partners was very helpful, and enabled us to refine our 
understanding of habitat essential to the conservation of the species, 
and in the case of occupied habitat, habitat that contains physical or 
biological features that may require special management considerations 
or protections. We based the proposed rule on the best available 
information at that time; we requested technical input from a variety 
of partners, including the States, to help us refine the final critical 
habitat designation. The final rule has been adjusted, accordingly, 
including modifying boundaries of critical habitat units, based on our 
partners' site-specific biological expertise with the species.
    (2) Comment: We received comments from some State agencies 
identifying concerns with the draft economic analysis, which included 
failure to consider costs related to bull trout recovery, failure to 
request economic information from the State prior to publication of the 
proposed rule, and costs to forest land management.
    Our Response: These comments have been addressed below in the 
section of the final rule that responds to all comments we received on 
the draft economic analysis.
    (3) Comment: Some commenters recommended that we exclude lands 
subject to State conservation planning efforts, or that we rely on 
existing habitat protections, such as State forest practice rules, 
rather than designating critical habitat in those areas.
    Our Response: We disagree. It would be inappropriate to rely on 
other protections such as state forest practice rules or similar large-
scale programs that have not been subject to review under the Act as an 
alternative to critical habitat designation, based on the uncertainty 
of protections that would be afforded to the physical or biological 
features essential to bull trout conservation. Uncertainty regarding 
future funding, and revisions and implementation of those plans is also 
a concern. However, some State conservation planning efforts related to 
finalized habitat conservation plans (HCPs) have resulted in our 
exclusion of areas from critical habitat designation under section 
4(b)(2) of the Act. Please see the Exclusions section below for 
additional information.
    (4) Comment: One State agency commented that the Service proposed a 
vast and over-reaching critical habitat designation without first 
acquiring the requisite site-specific information required by the Act. 
The State agency also commented that, without future refinement, the 
designation would lead to unnecessary regulation on otherwise lawful 
activities. The agency also expressed concern that the Service ignored 
information regarding the agency's position when forming the basis for 
the revised critical habitat designation.
    Our Response: As required by section 4(b)(2) of the Act, we used 
the best scientific data available in determining areas that contain 
the features essential to the conservation of bull trout for the 
proposed rule. Data sources included research published in peer-
reviewed journals and previous Service documents, including the final 
listing determination (64 FR 58909, November 1, 1999), the bull trout 
draft recovery plan (Service 2002), and the bull trout 5-year review 
(Service 2008). In the proposed rule, we requested comments or 
information from the public, other concerned government agencies, the 
scientific community, industry, and other interested parties, which 
included a specific request for information regarding areas essential 
to the conservation of the species. Because of the court-ordered 
deadline for delivery of a proposed rule to the Federal Register, our 
strategy was to work closely with our resource management partners 
after publication of the proposed rule, and use their biological 
expertise to help us refine the final critical habitat designation. 
This final

[[Page 63903]]

rule incorporates that information, as appropriate.
    (5) Comment: One State agency commented that the designation of 
critical habitat for bull trout invites the potential for additional 
regulatory burdens to be placed on landowners, persons holding public 
land permits, and industries. The agency also commented that while the 
Service is already consulting on projects with a Federal nexus under 
section 7 of the Act, the bar is now arguably raised as reinitiation of 
consultation will be required to ensure permitted activities do not 
adversely modify critical habitat.
    Our Response: The Service believes any additional regulatory 
burdens resulting from the designation of critical habitat in occupied 
areas will be minimal. The rationale for this determination is that the 
species was listed under the Act because of threats to habitat, and 
section 7 consultations are already required to address any habitat-
related impacts associated with Federal actions. Although it is 
theoretically possible, we have been unable to identify any specific 
type of Federal action that could adversely modify critical habitat in 
occupied areas that would not also result in a jeopardy finding for the 
same action. Accordingly, we do not believe the regulatory bar has been 
raised in occupied areas. Designating critical habitat adds educational 
value in these areas by identifying habitats that should be prioritized 
for recovery actions as opportunities arise. While critical habitat may 
result in additional conservation requirements for Federal actions in 
unoccupied areas, we do not believe this would be a significant impact 
because these areas constitute only 4 percent of the total critical 
habitat area being designated in this final rule. Federal agencies will 
need to consider the adverse modification of critical habitat in future 
section 7 consultations, and may need to reinitiate consultation on 
existing actions where they have continued discretionary involvement or 
control if the activity may affect designated critical habitat. 
However, we anticipate the overall result of reinitiation will be minor 
because of the similarity between measures needed to avoid the 
destruction or adverse modification of critical habitat and measures 
needed to avoid jeopardizing the species. In addition, consultation 
tools such as streamlining and programmatic consultations are commonly 
implemented to minimize the administrative costs associated with 
consultation within the range of bull trout.
    (6) Comment: Concern was expressed that if all unoccupied critical 
habitat had to be recolonized and recovered before bull trout could be 
delisted, the uncertainties and potential costs associated with this 
requirement would be high.
    Our Response: One of the greatest conservation benefits of critical 
habitat is the designation of unoccupied habitat that is essential to 
the conservation of a listed species. For bull trout, unoccupied 
habitat plays an important role in restoring connectivity between 
currently isolated headwater populations via lower mainstem river 
habitats. The Service does not believe all designated unoccupied 
habitat would necessarily need to be recolonized and restored to 
declare recovery, and we would take into consideration the status of 
adjacent populations (e.g., their robustness in relation to threats). 
For example, nearby occupied habitats could currently be in an 
imperiled status, but by restoring bull trout in adjacent unoccupied 
habitat, the overall recovery potential in that area could be improved. 
We anticipate that the bull trout recovery planning process and our 
continued progress towards achieving recovery goals will provide more 
precision with regard to identifying the restoration needs of specific 
habitat areas.
    (7) Comment: Two State agencies expressed support for the Service's 
approach to designating critical habitat, stating that: (1) The 
approach generally provides the breadth of habitat necessary to support 
bull trout in a fully recovered state and includes significant portions 
of aquatic habitat that are currently not occupied or disconnected due 
to anthropogenic (i.e., human-caused) factors; and (2) the approach 
contains those areas essential for the conservation of the bull trout.
    Our Response: We appreciate this support from our partners, and the 
helpful site-specific information they presented in response to the 
request for information in the proposed rule.
    (8) Comment: The Washington Department of Natural Resources 
presented information supportive of excluding lands covered under the 
final State HCP and the final Forest Practices HCPs. The Montana 
Department of Natural Resources presented information supportive of 
excluding streams and rivers intersecting forested Montana State Trust 
lands that would be covered under a draft HCP from the final bull trout 
critical habitat rule.
    Our Response: Please refer to the discussion of the Forest 
Practices HCPs in our responses to Public Comments below and in the 
Application of Section 4(b)(2) of the Act section under Exclusions in 
this final rule. The WDNR State lands HCP is discussed under the 
Application of Section 4(b)(2) of the Act in this rule.
    When considering HCPs, draft land-management plans, and draft 
conservation agreements, the Service can consider the certainty of 
implementation or the lack thereof, especially if there are no 
established procedures to ensure that the final instrument will produce 
the anticipated benefits. The Service believes that, in general, it is 
inappropriate exclude areas that are covered by draft conservation 
programs or plans, because their proposed conservation measures are 
subject to change. Without a high degree of assurance that conservation 
measures will be implemented and effective for a particular species and 
its habitat, we cannot complete a meaningful analysis under section 
4(b)(2) of the Act.

Federal Agency Comments

Bureau of Land Management
    (1) Comment: The Service should exclude Bureau of Land Management 
(BLM)-administered lands from critical habitat designation.
    Our Response: The Secretary of the Interior may exclude an area 
from critical habitat designation under section 4(b)(2) of the Act 
after taking into consideration the economic impact, the impact on 
national security, and any other relevant impact if he determines the 
benefits of exclusion outweigh the benefits of specifying such area, 
unless he determines the exclusion would result in the extinction of 
the species concerned. The primary benefit of including an area within 
critical habitat designation is the protection provided by section 
7(a)(2) of the Act that directs Federal agencies to ensure that their 
actions do not result in the destruction or adverse modification of 
critical habitat. The benefit of designating critical habitat is 
limited if the areas under consideration occur on private lands for 
which there may not be a Federal nexus to invoke the protections of 
section 7(a)(2) of the Act. Federal lands by default have a Federal 
nexus, and the intent of section 7 of the Act is to require Federal 
agencies to consult on any action authorized, funded, or carried out by 
such agency to ensure that the action will not jeopardize a listed 
species or destroy or adversely modify its critical habitat. In 
addition, section 7(a)(1) of the Act states, in part, ``Federal 
agencies shall, in consultation with and with the assistance of the 
Secretary, utilize their authorities in furtherance of the purposes of 
this Act

[[Page 63904]]

by carrying out programs for the conservation of endangered and 
threatened species.'' Therefore, the benefits of inclusion of these 
areas are greater because they are Federal lands.
    We requested specific information from the BLM describing: 
(1)Activities being conducted and planned that conserve bull trout or 
the physical or biological features identified in the proposed critical 
habitat rule; (2) the status of management plans, including the 
geographic area covered, date finalized, date implementation was 
initiated, timeline for future revisions, and the amount of critical 
habitat affected by the plan; (3) specific management measures that 
conserve the physical or biological features in the plan area; (4) 
conservation benefits associated with the plan; (5) information on plan 
implementation, including the level of certainty and uncertainty that 
exists with regard to conservation commitments and funding assurances 
continuing into the future; and (6) the plan's effectiveness related to 
biological goals and objectives, implementation progress, monitoring, 
adaptive management provisions, and schedule. We also requested 
specific examples of completed projects that have improved the status 
of bull trout within a particular plan area.
    Although specific information was not presented, we did receive 
some information from the BLM on Areas of Critical Environment Concern 
(ACEC) Plans, the Wild and Scenic River Management (WSR) Plans for the 
Deschutes and Lower Crooked Rivers in Oregon, and the Willamette Basin 
Water Quality Restoration Plan (WBWQ) to support their request for the 
exclusion of BLM-administered lands from critical habitat designation. 
The BLM also resubmitted comments that were prepared for the Service's 
consideration for the 2005 bull trout final critical habitat rule; 
those comments summarize several management plans and guidance 
documents, such as agency memorandums, BLM Manual chapters, Land Health 
Standards, Pacific Anadromous Fish Strategy (PACFISH), Inland Fish 
Strategy (INFISH), National Fire Plan, Healthy Forests Restoration Act 
of 2003 (16 U.S.C. 6501 et seq.), Wilderness Study Areas, Interior 
Columbia River Basin Ecosystem Management Project, Road Density and 
Land Management recommendations, and Regional Executive/Line Manager 
Oversight/Communication roles. We have reviewed the information that 
was submitted in light of the October 3, 2008, Memorandum Opinion from 
the Department of the Interior's Office of the Solicitor ``The 
Secretary's Authority to Exclude Areas from a Critical Habitat 
Designation under section 4(b)(2) of the Endangered Species Act'' (DOI 
2008), and the best available information. We were unable to confirm 
that the BLM's management plans and guidance documents provide a 
conservation benefit for bull trout comparable to critical habitat 
designation, or that designation of critical habitat on BLM lands would 
present a disproportionate economic or other relevant impact. The 
Secretary has elected not to exercise his discretion under section 
4(b)(2) of the Act to exclude BLM-administered lands from this revised 
critical habitat designation. However, we are committed to working 
efficiently and proactively with the BLM to address their program 
administration needs, in light of the conservation needs of bull trout.
    (2) Comment: The BLM commented, ``The BLM does not agree and the 
guidance issued in the October 3, 2008, Solicitors Opinion does not 
support the conclusion that if something meets the Federal agency 
obligation under section 7(a)(1) it should automatically be precluded 
from exclusions under section 4(b)(2).''
    Our Response: The proposed rule does not state that actions taken 
to comply with section 7(a)(1) of the Act preclude consideration of 
those actions for purposes of section 4(b)(2) of the Act; however, it 
does state that Federal land management plans, in and of themselves, 
are generally not an appropriate basis for excluding essential habitat. 
Federal agencies have an independent responsibility under section 
7(a)(1) of the Act to use their programs in furtherance of the Act and 
to utilize their authorities to carry out programs for the conservation 
of endangered and threatened species. In areas where Federal land 
management agencies actively manage for bull trout and its habitat, 
conduct specific conservation actions for the species at a level 
comparable to critical habitat designation, provide assurances that a 
plan will remain in effect for a relevant period of time, and show that 
a disproportionate impact would result from the designation, exclusion 
under section 4(b)(2) of the Act may be appropriately considered by the 
Secretary.
    (3) Comment: Conservation measures within the Northwest Forest Plan 
(NWFP), Aquatic Conservation Strategy (ACS), and PACFISH/INFISH are 
currently still in place and continue to be adequate to provide for the 
conservation of bull trout.
    Our Response: We recognize the extensive planning and development 
that has been invested in these efforts, and commend the BLM's efforts 
to conserve federally listed species on their lands. However, as stated 
in the proposed rule (75 FR 2273), large-scale Federal land management 
plans such as the NWFP and its aquatic component (the ACS), and other 
plans such as PACFISH/INFISH, are in and of themselves generally not an 
appropriate basis for excluding essential habitat. These plans 
typically guide agency activities, and provide some level of 
conservation benefit in occupied bull trout habitat areas, but are 
fluid documents that may or may not be revised, based on resource 
availability, management emphasis, and changes in management direction 
to respond to changing agency priorities.
    (4) Comment: The designation of critical habitat would not offer 
any additional protections to bull trout beyond those currently 
provided.
    Our Response: We acknowledge in the proposed rule that since the 
primary threat to bull trout is habitat loss or degradation, the 
jeopardy analysis under section 7 of the Act for a project with a 
Federal nexus will most likely evaluate the effects of the action on 
the conservation or functionality of the habitat for bull trout. We 
also stated that, in many cases, the analysis of a project to address 
designated critical habitat would be comparable to the jeopardy 
analysis, and for many circumstances the outcome of the consultation to 
address critical habitat would not result in any significant additional 
project modifications or conservation measures (75 FR 2291, January 14, 
2010). A possibility exists that a section 7(a)(2) consultation on a 
future BLM project would result in a determination that an action would 
result in the destruction or adverse modification of bull trout 
critical habitat. In accordance with our current policy, in cases where 
the Secretary determines the benefits of inclusion (designation) are 
equal to or outweigh the benefits of exclusion, he may not make an 
exclusion (USDOI 2008, p. 24).
    (5) Comment: The designation of critical habitat would impose 
additional regulatory burdens that would increase the process and 
administrative costs, and this money would be more appropriately 
directed at implementing protection measures on the ground.
    Our Response: The analyses that result from the consultation 
provisions under section 7(a)(2) of the Act constitute a regulatory 
benefit of critical habitat, and Federal agencies must consult with the 
Service on discretionary actions that may affect listed species. 
Federal agencies must

[[Page 63905]]

also analyze the effects of an action on critical habitat, which is a 
separate and different analysis from that of the effects to the 
species. We anticipate that, in some cases, this consultation would 
translate to the implementation of on-the-ground bull trout 
conservation measures. Avoiding the costs associated with the 
designation of critical habitat would be the principal benefit of 
excluding an area under section 4(b)(2) of the Act. We appreciate the 
BLM's concern that the designation of critical habitat may impose 
additional regulatory burdens and increase administrative costs; 
however, the BLM did not present any information characterizing the 
magnitude of that impact. In order to make a section 4(b)(2) exclusion 
or critical habitat designation determination, the Secretary must 
gather the available information about the economic and other relevant 
impacts that would result from his decision (DOI 2008, p. 15). We have 
no information available that would indicate that the regulatory and 
administrative burden that may result from the designation of critical 
habitat on BLM lands presents a disproportionate impact to the agency 
that outweighs the regulatory benefit of designating critical habitat 
on those lands.
    (6) Comment: The conservation benefit of designating critical 
habitat would only be realized when the Service determines the action 
would destroy or adversely modify critical habitat and reasonable and 
prudent alternatives are issued, which is rare.
    Our Response: We agree that adverse modification determinations are 
rare, because in the majority of section 7 consultations the Service is 
able to work in partnership with Federal agencies to identify ways to 
accomplish agency management objectives, comply with the Act, and 
conserve species and their habitats on managed lands. However, in some 
cases, we may determine a proposed Federal action would alter the 
physical or biological features of critical habitat to an extent that 
appreciably reduces its conservation function for bull trout. Under 
these circumstances, an adverse modification finding for the proposed 
action would be warranted. There may be additional conservation 
benefits to consultation on adverse effects that is not limited to 
adverse modification situations, because an agency may modify an action 
in advance to avoid any effects to critical habitat and avoid the need 
for consultation.
    (7) Comment: Because any conservation benefits realized through the 
section 7(a)(2) process would already be occurring in areas occupied by 
bull trout, additional conservation benefit would only occur in areas 
designated as critical habitat where the species is not present.
    Our Response: As stated in the proposed rule, when consulting under 
section 7(a)(2) of the Act, independent analyses are conducted for 
jeopardy to the species and adverse modification of critical habitat 
(75 FR 2291, January 14, 2010). In occupied bull trout habitat, any 
adverse modification determination would likely also result in a 
jeopardy determination for the same action. As such, project 
modifications that may be needed to minimize impacts to the species 
would coincidentally minimize impacts to critical habitat. Accordingly, 
in occupied critical habitat, it is unlikely, although possible, that 
an analysis would identify a difference between measures needed to 
avoid the destruction or adverse modification of critical habitat from 
measures needed to avoid jeopardizing the species. Alternatively, in 
unoccupied critical habitat, we would not conduct a jeopardy analysis. 
However, measures to avoid the destruction or adverse modification of 
critical habitat may be necessary to ensure that the affected critical 
habitat area can continue to serve its intended conservation role for 
the species, or retain the physical or biological features related to 
the ability of the area to periodically support the species (75 FR 
2291, January 14, 2010).
U.S. Forest Service
    (1) Comment: The U.S. Forest Service (USFS) believes excluding 
Federal lands continues to be a valid procedure. They recommended that 
we exclude from critical habitat designation all occupied bull trout 
habitat on all USFS-managed lands, as well as unoccupied habitat in the 
Northwest Forest Plan area, but the USFS acknowledged other factors are 
used by the Service to decide which lands and waters meet the criteria 
for critical habitat designation or exclusion.
    Our Response: We have reviewed USFS request in light of the October 
3, 2008, Memorandum Opinion from the Department of the Interior's 
Office of the Solicitor ``The Secretary's Authority to Exclude Areas 
from a Critical Habitat Designation under section 4(b)(2) of the 
Endangered Species Act'' (DOI 2008), and the best available 
information. We are unable to confirm that the USFS' management 
activities under the NWFP or other management plans provide a 
conservation benefit for bull trout comparable to critical habitat 
designation, or that designation of critical habitat on USFS lands 
would present a disproportionate economic or other relevant impact. In 
light of the foregoing, the Secretary has elected not to exercise his 
discretion under section 4(b)(2) of the Act to exclude USFS-managed 
lands from this revised critical habitat designation. However, we are 
committed to working efficiently and proactively with the USFS to 
address their program administration needs, in light of the 
conservation needs of bull trout.
    (2) Comment: The guidance issued in the 2008 Solicitor M-Opinion 
does not support a conclusion that if something meets the Federal 
agency obligation under section 7(a)(1), it should automatically be 
precluded from exclusions under sections 4(b)(2) of the Act.
    Our Response: See response to BLM comment (2) above.
    (3) Comment: Conservation measures within the Northwest Forest 
Plan, Aquatic Conservation Strategy, and PACFISH/INFISH are currently 
still in place and continue to be adequate to provide for the 
conservation of bull trout.
    Our Response: See response to BLM comment (3) above.
    (4) Comment: Because any conservation benefits realized through 
actions that used the section 7(a)(2) process would already be 
occurring in areas occupied by bull trout, The USFS believes the 
additional conservation benefits of designation would occur only in 
areas designated as critical habitat that are not actually occupied by 
bull trout.
    Our Response: See response to BLM comment (4) above.
    (5) Comment: After the final rule, the USFS will need time to 
reinitiate and conclude interagency cooperation on many ongoing Federal 
actions involving critical habitat, and to initiate and conclude new 
consultations for actions in the process of being developed in occupied 
and unoccupied critical habitat areas. To facilitate this consultation 
workload, the USFS requested that the effective date of the final rule 
be delayed for 120 days (similar to the National Marine Fisheries 
Service's (NMFS) final rule designating critical habitat for listed 
anadromous fish populations).
    Our Response: Although we appreciate the concern, we have no 
authorization under the court's remand order to delay the effective 
date of the rule. However, the Service is committed to working closely 
and efficiently with our Federal agency partners to meet both their 
management needs and the conservation needs of bull trout in designated 
critical habitat areas affected by their actions.

[[Page 63906]]

    (6) Comment: Because critical habitat, by definition, includes 
those habitats essential to the conservation, and ultimately 
restoration, of the species, the USFS believes streams on Federal lands 
that meet critical habitat criteria should be explicitly designated by 
rule, rather than relying on other planning processes to ``de-facto'' 
cover these essential conditions. This helps clarify priority areas, 
internally and with partners, for habitat conservation and improvement-
related efforts that will support recovery planning and implementation. 
The USFS expressed support for designation of critical habitat on 
National Forest System lands where bull trout can logically be expected 
to recover. The agency also supported the designation of critical 
habitat for all areas that are known to have existing populations of 
bull trout and the designation of tributaries that drain into known 
spawning habitats.
    Our Response: We appreciate the comment, and are designating 
critical habitat on certain National Forest System lands.
    (7) Comment: The six new recovery units seem too large to measure 
recovery should it take place, or be a reachable goal. The old set of 
27 smaller recovery units made sense because they were at a scale that 
is realistic to manage and evaluate the effects of recovery actions.
    Our Response: This comment is beyond the scope of the final rule. 
However, there may be a need to revise the existing draft recovery plan 
or consider alternative recovery unit boundaries to effectively manage 
and evaluate the effects of recovery actions in each critical habitat 
unit. We are conducting preliminary work to develop a revised draft 
recovery plan, with the goal of developing a final bull trout recovery 
plan in the future.
Bureau of Reclamation
    (1) Comment: For existing dams, it is unclear how the current 
condition of the habitat with the dam in place can threaten the 
physical or biological features of the specific areas being designated 
as those areas, if occupied, can only be designated if the physical or 
biological features essential to the conservation of the species are 
found under the existing conditions (i.e., with the dams in place). The 
Bureau of Reclamation (BOR) recommended the following language for 
inclusion in the final rule: ``While critical habitat is designated in 
streams and reservoirs where flows and volumes fluctuate due to water 
management activities, these are existing conditions that were found at 
the time of listing. The lateral extent described for those streams and 
reservoirs influenced by water management activities is considered the 
upper limit of the critical habitat designation and changes in flows 
and volumes are acceptable.''
    Our Response: To qualify as critical habitat, an occupied area need 
not contain all PCEs; one is sufficient. We acknowledge that the 
adverse modification standard would not require an action agency to 
create PCEs in occupied areas where such PCEs were wholly absent at the 
time the areas were designated as critical habitat. Moreover, not all 
adverse effects on PCEs that are present would rise to the level of 
adverse modification. We must be cautious, however, not to imply that 
fluctuating conditions would never constitute an adverse modification 
of designated habitat for the reason that ``these are existing 
conditions that were found at the time of listing.'' This would be a 
flawed approach, for two reasons:
    (1) The fact that an existing Federal project is not presently 
adversely modifying critical habitat does not mean that the same 
operations would not result in adverse modification under future 
circumstances. As the section 7 regulations make clear, analysis for 
jeopardy and adverse modification is heavily dependent on context, and 
relies on consideration, not only of the effects of the Federal action 
itself, but also the current baseline, the effects of interrelated and 
interdependent actions, and the cumulative effects of future non-
Federal activities (50 C.F.R. Sec. 402.02). Thus, a stream that has 
adequate flows now, despite Federal diversions, might not have adequate 
flows in the future as a result of drought or non-Federal diversions. 
Even if the amount of the Federal diversion does not change, its effect 
on the PCEs could be more substantial if the context changes. Context 
plays a critical role in the adverse modification analysis, and it 
would be improper to prejudge the outcome of future consultations.
    (2)Such an approach might lead to the erroneous conclusion that, if 
a designated area contains essential features, those features are 
already in a condition that is ideal for bull trout, and therefore any 
Federal action that maintains the status quo would not cause adverse 
modification. It is possible for an area to be less than ideal for bull 
trout, yet contain features that are essential to the species' 
conservation, because there is no better habitat available to serve an 
essential function such as migrating, spawning or rearing. An area 
designated for spawning habitat, for example, might have sufficient 
clean gravel to provide for some spawning, yet still be suffering some 
degradation as a result of sedimentation from roads. Depending on the 
context, a Federal action that causes such sedimentation to continue 
could constitute adverse modification.
    Specifically, the lateral extent of critical habitat in lakes and 
reservoirs is defined by the perimeter of the waterbody as mapped on 
standard 1:24,000 scale topographic maps, and the Service assumes in 
many cases this is full pool level. Defining the lateral limits in 
reservoirs and lakes in this manner is consistent with the approach 
taken for streams. Within streams, the critical habitat designation 
includes the stream channels within the designated stream reaches with 
the lateral extent defined by the bankfull elevation on one bank to the 
bankfull elevation on the opposite bank. In cases where the bankfull 
elevation is not evident on either bank, the ordinary high-water line 
determines the lateral extent of critical habitat. Conditions at some 
lakes or reservoirs allow a range of flows to occur. However, a full 
range for one reservoir may operate from full pool to run-of-river 
(zero pool) annually, while another reservoir may operate from full 
pool with a built-in minimum conservation pool to address specific 
water quality requirements. Reservoir operational requirements related 
to bull trout critical habitat would be evaluated during the section 7 
consultation process on a specific lake or reservoir basis. 
Accordingly, we are unable to include the statement in the final rule 
that was requested by the BOR, because the section 7 consultation 
process has not been concluded.
    (2) Comment: Lake Cascade and Phillips Reservoir should not be 
designated as either occupied or unoccupied critical habitat, because 
they would at best minimally provide two or three PCEs on a seasonal 
basis and the abundance and spatial arrangement of the minimal PCEs 
provided would not rise to the level of providing the physical or 
biological features essential for conservation.
    Our Response: We are designating stream segments and lakes or 
reservoirs that contain habitat seasonally to connect and to promote 
bull trout migratory life-history expression. Maintaining connectivity 
between bull trout local populations through the restoration and 
protection of main stem

[[Page 63907]]

rivers is a major emphasis for bull trout recovery. The designation of 
critical habitat in occupied habitat is based on whether lakes or 
reservoir contain one or more PCEs either seasonally or year-round. We 
identified two major habitat types (spawning and rearing, and FMO); 
both of these reservoirs were identified as FMO habitat in the proposed 
rule. We have determined that Phillips Reservoir is essential for the 
conservation of the species, because it provides FMO habitat 
seasonally, during the fall, winter and spring.
    In a comment letter we received from the Oregon Department of Fish 
and Wildlife (ODFW) (March 10, 2010), they specifically recommended 
inclusion of Phillips Reservoir: ``ODFW recommends extending critical 
habitat designations downstream to the confluence with the Snake River. 
Specifically we recommend including the mainstem Powder River from 
Phillips Reservoir downstream to the mouth including Phillips and Thief 
Valley Reservoirs. This designation would provide the opportunity for 
connectivity among local populations and full life history expression 
and to provide consistency with application of the seven guiding 
principles for bull trout conservation, as well as consistency with 
other designations in the state.'' We agree with their assessment. 
Inclusion of Phillips Reservoir is key to restoring connectivity 
between local bull trout populations, which is essential to maintaining 
a viable bull trout population in the Powder River core area.
    However, based on the best available scientific information 
(including new site-specific biological information provided by the 
BOR), we are not designating Lake Cascade as critical habitat. We agree 
with the BOR that Lake Cascade lacks several of the essential habitat 
features, is not confirmed to be occupied by bull trout, and poses too 
many obstacles to be useful in bull trout conservation. Habitat 
connections essential for metapopulation dynamics and genetic 
interchange, which are important to maintaining a viable bull trout 
population, are lacking. Exotic species have also extensively colonized 
Lake Cascade, further complicating bull trout recovery (BOR 2010, pers.com comm.).
    (3) Comment: The BOR provided site-specific biological information 
on bull trout use in the Powder River, Malheur River, and Southwest 
Idaho River Basins Units, and made several recommendations for 
clarifications and revisions in the final rule.
    Our Response: The Service received numerous comments from various 
Federal agencies including the BOR. The Service reviewed all site-
specific comments, and we have revised the final critical habitat 
designation based on information contained in our files and new 
information received during the comment period, as appropriate. The 
final critical designation for the Powder River, Malheur River, and 
Southwest Idaho River Basins fully considered the information presented 
by the BOR.
Department of Energy, Bonneville Power Administration
    (1) Comment: The Federal Columbia Power System (FCRPS) hydropower 
dams operating under the Service's and the National Oceanic and 
Atmospheric Administration's (NOAA) Biological Opinions for the FCRPS 
and Willamette River and within congressionally authorized operating 
ranges are part of the environmental baseline. Given the extensive 
management of operations of the FCRPS reservoirs consistent with bull 
trout and salmonid Biological Opinions, the Service should clarify that 
the FCRPS reservoirs are managed in a manner that is sufficiently 
protective to achieve the biological features essential to the 
conservation of bull trout.
    Our Response: The Service will assess whether the current 
management of the FCRPS is sufficient to conserve bull trout with 
regard to the action described in the biological assessment after we 
participate in section 7 analyses with the appropriate action agencies 
involved. The purpose of critical habitat is to identify specific 
geographic areas that contain the physical or biological features 
essential for the conservation of an endangered or threatened species 
and that may require special management considerations or protection. 
Biological opinions are not conservation plans and do not have specific 
measures that address the long-term conservation needs of bull trout 
with regard to PCEs, but rather, they evaluate the effects of 
particular projects on listed species or its critical habitat. 
Biological opinions are the formal basis for disclosing NOAA's or the 
Service's opinion on whether the Federal action will result in jeopardy 
of a species or adverse modification of critical habitat, and are 
specific to a particular proposed Federal action. See Section 7 
Consultation, below, for additional information.
    (2) Comment: The Bonneville Power Administration (BPA) requested 
that the Service identify any likely instances where the current FCRPS 
operations under the Biological Opinions might be detrimental to bull 
trout critical habitat, and address any potential conflict between two 
or more listed species and the requirements of two regulatory agencies. 
The BPA also requested that the Service address whether the current 
FCRPS or Willamette operations may have to be substantially altered 
from operations that would otherwise be required under the relevant 
Biological Opinions. If alterations are identified, the Service should 
describe how those alterations have been considered in the economic 
analysis of the impacts of designation.
    Our Response: It is possible that some future operational 
alterations may be undertaken as a result of bull trout critical 
habitat designation, although the specific extent to which project 
modification costs for the FCRPS or Willamette Project will increase as 
a result of this designation is unclear. We did not receive any 
specific data from BPA that would facilitate additional analysis; 
however, this potential concern is particularly complex because most of 
the proposed area on the Upper Willamettte River was designated as 
critical habitat in 2005. The Final Economic Analysis (FEA) applied the 
best available information and methods to estimate potential 
incremental impacts. Although section 4 of the Act establishes 
requirements for listing species and designating critical habitat, it 
does not address Federal agency requirements under section 7 of the 
Act, which addresses the need for Federal agencies to consult on the 
effects of their actions on listed species. Potential FCRPS operations 
will be analyzed for their effects on bull trout critical habitat once 
section 7 consultation is reinitiated.
    (3) Comment: The bankfull width for streams and perimeter of the 
water as mapped on standard 1:24,000 scale topographic map definitions 
for the lateral boundaries of critical habitat could imply that any 
drawdown or lowering of those levels would adversely affect the 
designated critical habitat. Lake and reservoir drawdown is within the 
authorized range of FCRPS and other hydro projects and is required to 
meet Federal project purposes such as flood control, irrigation, power 
production, and at times to meet requirements under FCRPS biological 
opinions. These activities do not necessarily negatively affect bull 
trout, and in some circumstances, may actually benefit bull trout.
    Our Response: Section 7 of Act requires that Federal agencies 
confer or consult with the Service on their actions; it is during such 
conference or consultation that the effects of the action on critical 
habitat will be analyzed. This designation does not

[[Page 63908]]

result in modifications of current biological opinions, but may result 
in the need for reinitiation of consultation in some cases. A 
determination regarding the beneficial, neutral, or detrimental nature 
of effects of a particular Federal action would be made during section 
7 consultation for that specific activity.
U.S. Small Business Administration, Office of Advocacy
    (1) Comment: The U.S. Small Business Administration's Office of 
Advocacy encouraged the Service to conduct outreach to county 
governments and other small municipal bodies to further examine the 
economic impact of the critical habitat designation to determine 
whether any reasonable alternatives exist that would accomplish 
conservation goals while providing needed regulatory relief to small 
entities. The Office indicated that, through these discussions, the 
Service may determine to exclude particular areas from critical habitat 
designation under section 4(b)(2) of the Act.
    Our Response: As noted as in the final economic analysis (FEA), 
there are numerous baseline regulations in place for several fish 
species whose ranges overlap bull trout, including conservation 
protections for salmon and steelhead, that provide coincident 
protections for bull trout and its critical habitat. These protections 
apply to most of the lands currently occupied by bull trout (96 
percent). Annualized incremental impacts to small entities considered 
represent 51 percent of total incremental impacts estimated in the rest 
of the FEA, and less than 0.6 percent of annual revenues for all 
activities. Given the history of regulation and baseline protections 
already in place, we do not believe county governments or small 
municipal bodies will experience any appreciable incremental economic 
impacts from this designation. Accordingly, no areas are being excluded 
from critical habitat designation based on economic impacts. Please 
refer to the section below that addresses comment responses to the 
economic analysis for further information in this regard.
Department of the Navy
    (1) Comment: The U.S. Department of the Navy commented that 
national security impacts would occur if critical habit were to be 
designated in the Dabob Bay Range Complex (DBRC), Quinault Underwater 
Tracking Range (QUTR), and Crescent Harbor. The additional regulatory 
requirements imposed by the designation may delay, restrict, or 
prohibit the implementation of required training and testing in these 
areas. The Navy requested that the Service exclude the existing 
training areas and the proposed extensions of the DBRC and QUTR areas 
currently being evaluated in their Environmental Impact Statement from 
designation as critical habitat under section 4(b)(2) of the Act.
    Our Response: Under section 4(b)(2) of the Act, we are required to 
consider whether there are lands owned or managed by the Department of 
Defense where a national security impact might exist if such areas are 
designated as critical habitat. Please see the Application of Section 
4(b)(2) of the Act section below for more information regarding the 
analysis of the above Navy facilities.
National Park Service
    (1) Comment: Crater Lake National Park, a unit of the National Park 
Service, indicated that designation of critical habitat in Annie Creek 
is appropriate based on historic records and the connectivity of Annie 
Creek with other stream networks known to contain bull trout. The Park 
supported returning the lower Sun Creek irrigation canal to a more 
natural alignment to increase connectivity and benefit recovery of the 
Sun Creek population. The Park noted that designation of critical 
habitat within the irrigation system should not preclude efforts to 
restore the natural Sun Creek channel.
    Our Response: The Service has been working with Federal, State, and 
local partners to develop a plan for reconnecting Sun Creek with its 
historic (i.e., natural) connection with the Wood River. This 
connection would allow movement of bull trout between Sun Creek, the 
Wood River, and Annie Creek. These unoccupied areas that were 
identified in the proposed rule are essential for the conservation of 
bull trout in the Upper Klamath Lake critical habitat subunit, and are 
being designated as critical habitat.

Comments from Native American Tribes

    (1) Comment: In response to the tribal coordination identified in 
the Summary of Comments and Recommendations section above, we received 
comments from several Tribes, including the Confederated Tribes of the 
Umatilla Indian Reservation, Puyallup Tribe of Nations, Confederated 
Tribes and Bands of the Yakama Nation, Jamestown S'Klallam Tribe, 
Quinault Indian Nation, Upper Skagit Indian Tribe, Lower Elwha Klallam 
Tribe, Shoshone-Paiute Tribes of the Duck Valley Indian Reservation, 
Confederated Tribes of the Warm Springs Reservation of Oregon, 
Swinomish Indian Tribal Community, Nisqually Indian Tribe, Coeur 
d'Alene Tribe, Nez Perce Tribe, Kalispel Tribe of Indians, Blackfeet 
Tribe, Muckleshoot Indian Tribe, and Burns Paiute Tribe. We also 
received a comment letter from the Northwest Indian Fisheries 
Commission. Most Tribes requested exclusion from critical habitat 
designation based on: (1) Secretarial Order 3206, which states, in 
part, that critical habitat shall not be designated in areas that may 
impact tribal trust resources, tribally-owned fee lands, or the 
exercise of tribal rights unless it is determined essential to conserve 
a listed species; (2) section 4(b)(2) of the Act; and (3) existing 
tribal resource management plans that are protective of bull trout. 
Other Tribes expressed support for the proposed critical habitat 
revision and did not request exclusion of their lands. One Tribe 
requested exclusion of their lands, except for the portion of tribal 
land that shares a boundary with nontribal interests.
    Our Response: Federal agencies are obligated to consult with Tribes 
based on their unique relationship with the Federal government. We have 
evaluated the Tribes' past and ongoing efforts to conserve bull trout 
and have weighed the benefits of including or excluding tribal lands in 
the designation under section 4(b)(2) of the Act. We have also taken 
into consideration the requirements under Secretarial Order 3206; 
however, any exclusions have been considered only under section 4(b)(2) 
of the Act, as that is the only statutory authority that provides the 
Secretary the discretion to exclude areas from critical habitat 
designation. Please see the Application of Section 4(b)(2) of the Act 
section below for more information regarding this analysis.

Public Comments

    (1) Comment: We received several comments comparing the 2010 
proposed rule to the 2005 final rule. Most pointed out the 
irregularities in the rulemaking process identified in a December 2008 
Interior Department Inspector General's report, and felt that science 
played a more prominent and effective role in the 2010 proposed rule. 
Other commenters indicated the more restricted designation in the 2005 
final rule was more appropriate.
    Our Response: This final rule fully considers the findings in the 
2008 Inspector General's report, the language in the court's remand 
order, and comments we received from peer reviewers and others. This 
final critical habitat designation for bull trout is based on the best 
scientific information available, as required by section 4(b)(2) of the 
Act.

[[Page 63909]]

    (2) Comment: We received many comments that presented biological 
information relevant to the designation of critical habitat, and site-
specific information regarding particular waterbodies. Comments also 
addressed rangewide issues such as information on biological needs in 
general, PCEs, and the effects of specific types of actions on bull 
trout. Issues raised included the threats that contributed to listing 
bull trout under the Act.
    Our Response: We appreciate the information submitted and issues 
raised. We will address specific issues, including information 
regarding particular waterbodies and specific threats, in our responses 
below. In general, past efforts to eradicate bull trout contributed to 
their decline and led to their protection under the Act. Since the bull 
trout is now protected under the Act, those eradication efforts can no 
longer legally occur, and habitat threats are currently the most 
serious threats. However, we address habitat threats in this final 
rule.
    (3) Comment: We received comments on the threat of fine sediment 
impacts to bull trout stream habitat.
    Our Response: Taking measures to limit the introduction of fine 
sediment in bull trout critical habitat is important. A PCE has been 
developed to address this specific concern, and there is a continuing 
need to evaluate and assess site-specific information to determine the 
effects of any particular Federal action on sediment delivery and bull 
trout critical habitat, using the best scientific information 
available.
    (4) Comment: We received comments and information regarding the 
cold water requirements of bull trout.
    Our Response: Bull trout require among the coldest water 
temperatures of any native salmonid in the Pacific Northwest, and we 
have developed a PCE to address this specific need.
    (5) Comment: We received comments on reservoir operations and their 
effects on bull trout.
    Our Response: In our proposed rule (75 FR 2291, January 14, 2010), 
we did not mean to imply that reservoir operations would have to be 
consistently at full pool to avoid adverse modification of critical 
habitat. Project-specific analyses would be the best tool to identify 
bull trout critical habitat protection needs with regard to the 
relevant PCEs in a particular area. We have included clarifying 
language in this rule to address the issue. See the response to Bureau 
of Reclamation comment (1) and the Adverse Modification Standard 
section below for additional information with regard to section 7 
consultation considerations for bull trout critical habitat.
    (6) Comment: We received a number of comments recommending the 
designation of the upper Clark River in Montana between Flint Creek and 
Warm Springs Creek, based on ongoing restoration efforts directed 
toward re-establishing a migratory corridor for bull trout and 
restoring adequate stream flow and temperature regimes. The restoration 
is anticipated to re-establish a migratory corridor and essential 
foraging and overwintering habitat for bull trout, and provide 
additional genetic diversity for bull trout populations that have been 
fragmented by the construction of Milltown dam for nearly a century.
    Our Response: Bull trout are present in the upper reaches of Warm 
Springs Creek and Flint Creek, tributaries at the upstream extent of 
this section of the upper Clark Fork River. The likelihood of migratory 
bull trout occupancy in the upper Clark Fork River has increased as a 
result of the 2008 removal of Milltown dam. The condition of the 
physical or biological features essential to the conservation of the 
species has improved as a result of the dam removal and will continue 
to improve with the ongoing restoration activities in the Clark Fork 
River. This area provides an important migratory corridor and will 
provide for increased genetic exchange between migratory bull trout 
populations in the Clark Fork River, meets the definition of critical 
habitat, and meets the selection criteria for inclusion in critical 
habitat. Consequently, we agree with the commenters that this reach of 
the Clark Fork River is essential for the conservation of bull trout. 
The inclusion of this 100.8 km (62.7 mi) reach of the upper Clark Fork 
River increases the critical habitat designation for the Clark Fork 
River basin by less than 2 percent. We have long recognized the 
importance of this reach of the upper Clark Fork River as an historical 
migratory corridor for bull trout, which we have considered potentially 
occupied but undocumented bull trout habitat. This area was proposed as 
critical habitat in the November 29, 2002, proposed rule (67 FR 71331), 
and identified as Unit 2, Clark Fork River Basin, Subunit iv - Upper 
Clark Fork River. We did not include this area in the September 26, 
2005, final critical habitat designation (70 FR 56212), because at that 
time we did not find the PCEs present and therefore this area did not 
meet our selection criteria. No unoccupied habitat was designated in 
the 2005 final rule. In preparing the January 14, 2010, reproposal (75 
FR 2269), we re-examined the record, including the State of Montana's 
MFISH database, and found that hard documentation of bull trout 
occupancy of this reach over the last 20 years was lacking. However, 
the sampling was not comprehensive and we acknowledge that low levels 
of undocumented bull trout occupancy likely occur in this lengthy 
stream reach. The determination not to include this reach in the 2010 
proposed rule was a difficult choice, based on a decision to not 
propose any critical habitat in Montana where occupation by bull trout 
could not be documented with fish survey records or other hard 
documentation. Due to the known presence of bull trout in the upper 
reaches of Warm Springs Creek at the upstream extent of this section of 
the upper Clark Fork River, at least a portion of which are thought 
potentially represent the migratory life history form, there is further 
circumstantial evidence that migratory bull trout may temporarily or 
seasonally occur in this reach of the upper Clark Fork River. 
Accordingly, section 7 consultation is conducted on Federal actions 
that may
affect bull trout. The likelihood of bull trout occupancy has also 
increased since 2008, as a result of the removal of Milltown Dam, which 
removes a barrier to bull trout migration in this reach. Because of the 
removal of Milltown Dam and the ongoing and planned habitat restoration 
actions, we no longer believe that the PCEs in this reach of the Clark 
Fork River are limiting to occupancy by migratory bull trout, on at 
least a seasonal basis. Based on comments and data we received in 
response to our request for information in the January 14, 2010, 
reproposal (75 FR 2269), we now find PCEs present in this area and 
determine that this area does meet the selection criteria and is 
essential for the conservation of the species. Therefore, we are 
including it in our final designation.
    (7) Comment: We received many comments from a variety of sources 
suggesting we consider designating critical habitat upstream of Big 
Falls on the mainstem Deschutes River in Oregon.
    Our Response: Under section 3(5)(A) of the Act, specific areas 
outside the geographical area occupied by the species at the time it is 
listed in accordance with the provisions under section 4 of the Act can 
be designated as critical habitat, if such areas are essential to the 
conservation of the species. We are not designating bull trout critical 
habitat in the Deschutes River basin upstream of Big Falls on the 
mainstem Deschutes River. The lower Deschutes River bull trout 
populations

[[Page 63910]]

are some of the healthiest and most stable populations in Oregon, and 
the designation of unoccupied habitat in this area is not essential to 
the conservation of the species. However, we have initiated a 
feasibility assessment to evaluate the capability of the upper 
Deschutes River to support bull trout, and support recovery of bull 
trout populations in the upper basin to the extent practicable.
    (8) Comment: We received several comments related to climate 
change. Most said that it is an important issue and bull trout may be 
disproportionately affected because they have the coldest water 
temperature requirements of any native salmonid in the Pacific 
Northwest. Some commenters deny that climate change is occurring, 
question the underlying science, and reject its consideration in this 
rule.
    Our Response: The earth's climate has changed throughout history, 
and an overwhelming proportion of climate scientists worldwide agree 
change is continuing today. We acknowledge this is a complex issue, and 
there may be some uncertainty over all the causes and precise 
manifestations of change. Given these uncertainties, one objective of 
this final rule was to identify and protect those habitats that we 
believe will provide resiliency for bull trout use in the face of 
climate change. We will undoubtedly have to adapt management approaches 
as we learn more. We agree that bull trout management actions should 
stem the impacts of climate change where opportunities to do so exist. 
Bull trout may be among the species most sensitive to the effects of 
climate change, and protection of bull trout cold-water habitat would 
help protect the ecosystems upon which they and other species depend. 
Some of the least disturbed watersheds may serve this purpose.
    (9) Comment: We received two requests for an additional public 
hearing near Portland, Oregon, to supplement the hearing that was 
conducted in Boise, Idaho, on February 25, 2010. We also received four 
requests for an extension of the comment period.
    Our Response: Because of time constraints related to our court-
ordered deadline for submittal of a final rule to the Federal Register, 
we were unable to conduct an additional public hearing. However, we did 
hold a public meeting near Portland, Oregon, during the public comment 
period, and reopened the comment period from March 23 through April 5, 
2010, to provide additional opportunity for interested parties to 
provide information to the Service.
    (10) Comment: We received several comments regarding connectivity 
of bull trout habitats to provide for migration between key habitat 
types. The comments either emphasized the need for connectivity to 
recover bull trout, or expressed concern that in some cases, 
connectivity could harm bull trout by allowing introgression of 
invasive species or disease.
    Our Response: Bull trout are highly migratory, and connectivity 
among patches of occupied habitat is essential to their conservation. 
Accordingly, we are designating critical habitat to facilitate 
connectivity in this final rule. However, connectivity may be limited 
in scope and degree in areas where FMO habitat provides the necessary 
PCEs for only a few months of the year, and perhaps only in higher 
water flow years. Limited or sporadic historical connectivity is likely 
reflected in the high degree of genetic distinctness among bull trout 
populations in relatively close proximity to one another, which is 
greater than expected when compared to other species, such as salmon 
and steelhead. However, some degree of connectivity over time may allow 
refounding of populations that are either at risk of becoming 
extirpated or that have become extirpated. We agree that in some cases, 
restoring connectivity might be detrimental to bull trout, if it 
introduces nonnative predatory or competitive species into those 
habitats. We will evaluate these areas on a case-by-case basis using 
the best scientific information available, to ensure we maximize bull 
trout conservation potential.
    (11) Comment: We received several comments regarding the extent of 
critical habitat, specific waterbodies that may or may not be 
essential, or areas that may or may not have the physical or biological 
features essential to bull trout conservation.
    Our Response: As required by section 4(b)(2) of the Act, we used 
the best scientific data available in determining areas that contain 
the features essential to the conservation of bull trout. In occupied 
habitat, each of the areas we are designating either contains those 
physical or biological features essential to the conservation of the 
species, which may require special management considerations or 
protection, or in the case of unoccupied habitat, has been determined 
to be essential for the conservation of the species. This final rule 
applies the best scientific information available to identify those 
areas, including the extent of critical habitat needed to conserve the 
species.
    (12) Comment: We received comments concerning the need for 
numerical ranges or standards for PCEs, and PCE interpretation.
    Our Response: Due to the range of habitat required for bull trout 
across all types of waterbodies and across the range of the species, we 
have not identified narrow-range, specific-to-one-area PCEs for the 
bull trout, but rather have identified broader, more general PCEs that 
are required for all life-history needs and stages of the bull trout, 
and which apply throughout the range of the bull trout. Moreover, water 
quality and quantity and other habitat needs are often influenced by 
the type of habitat used by bull trout (e.g., spawning and rearing) and 
season of use (e.g., May or June migratory habitat). Additionally, wet 
or dry water years may significantly influence the quality of habitat 
potentially available to bull trout. We have included language in the 
Primary Constituent Elements section of this final rule that identifies 
the physical, hydrological, and biological conditions the PCEs have 
been designed to protect, to provide context for PCE interpretation and 
application.
    (13) Comment: We received comments related to the role of critical 
habitat in recovery.
    Our Response: Critical habitat designation can contribute to the 
overall recovery strategy for a species. However, it does not, by 
itself, achieve all recovery plan goals. In developing this final rule, 
we considered the conservation relationship between critical habitat 
and recovery planning. The designation of critical habitat can help 
prioritize recovery tasks and focus recovery efforts in areas essential 
for conservation. Habitat restoration actions may compete more 
successfully for Federal funding if they occur in areas designated as 
critical habitat for species listed under the Act. Please see the 
section below on Relationship of Critical Habitat to Recovery Planning 
for additional information.
    (14) Comment: We received comments related to critical habitat and 
section 7 consultation requirements.
    Our Response: Please see the section below on the Effects of 
Critical Habitat Designation for information related to section 7 
consultation requirements.
    (15) Comment: We received comments regarding the effects of 
specific actions on bull trout related to stream hydrograph, stream 
flow, and stream temperature requirements. There was also a concern 
that maintaining a naturally functioning hydrograph conflicts with 
protecting spring flows.
    Our Response: PCE 7 is designed to address hydrologic functions 
that

[[Page 63911]]

conserve bull trout by identifying the importance of peak, high, low, 
and base flows that fall within historic and seasonal ranges, or if 
controlled, minimize flow departures from a natural hydrograph. 
However, we do not believe maintaining a naturally functioning 
hydrograph conflicts with protecting natural spring flows. To the 
contrary, the flexible and inclusive language of PCE 7 can encompass 
protecting the natural hydrograph associated with these discharges. 
Since some streams flood annually and others do not, different special 
management prescriptions may be appropriate, depending on particular 
circumstances. These special management needs would appropriately be 
considered during section 7 consultation, as discussed later in this 
final rule.
    (16) Comment: We received several comments on the exclusion of 
specific areas from this designation, with some arguing for exclusion 
of specific habitats or broader categories of habitats, while others 
argued against the same.
    Our Response: Please refer to the Exclusions section below for a 
detailed discussion of this issue.
    (17) Comment: Some commenters specifically opposed the exclusion of 
the lands covered by the Washington State Forest Practices Habitat 
Conservation Plan (FPHCP) from critical habitat designation. One 
commenter and the State of Washington supported the exclusion of the 
FPHCP. Opponents of exclusion commented that the needs of anadromous 
salmon and steelhead, not bull trout, largely dictated the final forest 
practice rule set in the FPHCP, and that the forest practice rules are 
not sufficiently protective of headwater streams and near-surface 
ground waters, springs, and seeps in headwater catchments. They also 
stated that Washington's forest land is being converted to other uses 
at an alarming rate, and that failure to designate critical habitat on 
lands currently covered by the FPHCP would deprive habitats essential 
for bull trout recovery from protection. One commenter stated HCPs are 
not required to provide a net benefit to the species. One commenter 
stated the FPHCP does not protect bull trout from activities that cause 
or contribute to global warming and global climate change, and stated 
the HCP does not protect bull trout or its habitat from the widespread 
application of pesticides and herbicides that occur on forestlands. 
They were also concerned the implementation of the HCP is not advancing 
at an adequate level, and that the lack of progress has been the focal 
point of attention at the highest levels of the State agencies charged 
with overseeing its implementation. One commenter stated current 
economic conditions related to Washington State's budget and reduced 
Federal funding have resulted in future funding of the adaptive 
management plan being severely reduced or even unlikely, and that 
crucial monitoring and adaptive management studies have already been 
postponed or cancelled by the State.
    Other commenters stated critical habitat designation does not 
provide any greater protection or enhancement of bull trout habitat for 
forest management activities on private and State lands in Washington 
beyond what is already provided by the FPHCP, and designating critical 
habitat would discourage similar partnerships and weaken stakeholder 
support for the existing plan. They also stated that the Service should 
concentrate resources on participation and technical support for the 
FPHCP adaptive management program, rather than expending them on 
administrative requirements.
    Our Response: HCPs are considered one of the tools available that 
can help effect recovery. In order to obtain a permit under section 10 
of the Act, an applicant must meet the issuance criteria identified at 
50 CFR 17.32, which include minimizing and mitigating any incidental 
take of listed species to the maximum extent practicable while 
conducting their covered activities. One of the commenters noted that 
HCPs are not required to provide a net benefit; however many HCPs do 
provide a net benefit compared to the alternative of no HCP and no 
incidental take permit. The FPHCP rules and program as a whole require 
the maintenance and restoration of aquatic and riparian habitat. Among 
the multiple goals of the FPHCP is the goal to restore and maintain 
riparian habitat on non-Federal forest lands to support a harvestable 
supply of fish. The FPHCP was developed with an emphasis on salmonids, 
including bull trout, and focuses on providing needed flows, 
temperature, substrate, habitat, and connectivity by addressing habitat 
protection and natural processes and regimes, which benefits bull trout 
and other native species. The role of adaptive management in HCPs is 
often poorly understood. In some cases, adaptive management may specify 
the direction of change either through requiring additional measures or 
reducing measures. While the Service may at times rely on adaptive 
management in evaluating an HCP, in the FPHCP, we evaluated 
conservation measures that were already dictated by the forest practice 
rules enacted by the State of Washington and by the assurances that the 
conservation measures would occur. We have reviewed the funding 
budgeted by the State for adaptive management studies under the FPHCP, 
and believe that it is adequate for purposes of bull trout 
conservation. The Service anticipated some delays and implementation 
issues as a program this large is applied over time, and we continue to 
monitor the progress of this adaptive program. See the Exclusions 
section in this final rule for additional discussion and evaluation of 
the benefits of the FPHCP.
    (18) Comment: We received several comments on the role of Federal 
lands, most of which requested that we include Federal lands in this 
designation rather than excluding them as was done in the 2005 final 
rule. One commenter suggested that designating critical habitat on 
Federal lands could empower third parties to litigate more effectively.
    Our Response: Exclusion of Federal lands from the 2005 final rule 
was one of the primary reasons for litigation, and one of the primary 
inconsistencies found by the Inspector General in his 2008 report. As 
previously discussed, the Service agrees Federal lands should not be 
excluded from critical habitat designation based solely on large-scale 
land management plans. In addition, the Service believes by 
collectively implementing a proactive and collaborative approach to 
addressing the recovery needs of bull trout, the risk of litigation 
should be minimized.
    (19) Comment: We received some comments expressing concern about 
the effects of wildfire on bull trout and the landscape, and that this 
designation may impact the ability to manage landscapes susceptible to 
fire.
    Our Response: The Service will continue to facilitate 
implementation of ongoing or preventative fuel reduction projects 
through the Act's section 7 consultation requirements, and we have been 
doing so since bull trout was listed in 1998, and since critical 
habitat was designated in 2005. These cooperative efforts include 
annual meetings with action agencies and meetings conducted on a 
project specific basis.
    (20) Comment: We received several comments from individual 
citizens, Native American tribes, States, environmental groups, and 
groups representing interests such as ranching, logging, and 
agriculture, which supported protection of bull trout habitat, and 
doing so in a manner sensitive to the needs of local residents and 
resource users.
    Our Response: The Service agrees that protecting bull trout 
critical habitat will have multiple, wide-ranging benefits,

[[Page 63912]]

and commits to working with all interested parties to protect habitat 
in a way that respects the interests and needs of local residents and 
resource users.
    (21) Comment: We received several comments discussing the 
relationship between bull trout and other species, including other 
anadromous fish; the impacts of bull trout on other species; and the 
impacts of other species on bull trout.
    Our Response: Protecting ecosystems upon which bull trout depend 
may also conserve other native species that share those ecosystems. We 
believe efforts to conserve bull trout will generally be complementary 
to efforts to conserve other native species that coevolved with bull 
trout, including salmon, steelhead, and Klamath Basin suckers, because 
each species would have developed traits and behaviors allowing them to 
coexist. Anadromous fish likely provided a significant input of energy 
into the ecosystems upon which bull trout depend, but we do not fully 
understand how their reduction or loss affects bull trout populations. 
However, we believe the restoration of ecosystem components and the 
implementation of salmon recovery actions will also help recover bull 
trout populations.
    (22) Comment: We received comments on threats posed by invasive 
species and concerns that further spread of invasive species may affect 
some bull trout populations. Commenters also stated that restoring each 
of the habitat components that favor bull trout may reduce the 
competitive effects in bull trout habitat where invasive species are 
already present.
    Our Response: Invasive species include potential competitors such 
as brook trout and brown trout, which represent a threat to bull trout 
populations. In some cases, currently isolated populations could be 
threatened if restoring connectivity allows invasive species to access 
currently isolated habitats. The Service will consider and encourage 
management of bull trout populations to address this concern, and is 
working with Federal partners to better understand why bull trout and 
invasive competitors are able to coexist in certain areas and not in 
others. The results of this research will help to inform recovery 
actions with respect to the removal of nonnative species and bull trout 
recovery.
    (23) Comment: Some commenters stated that the effects of livestock 
grazing can negatively impact bull trout habitat quality. 
Alternatively, other commenters believe grazing and habitat 
conservation can co-occur.
    Our Response: The bull trout listing rule for the Klamath River and 
Columbia River Distinct Population Segment (63 FR 31647, June 10, 
1998), and the Jarbidge River Distinct Population Segment (64 FR 17110, 
April 8, 1999) acknowledge that livestock grazing contributed to the 
decline in bull trout abundance and distribution. Depending on how it 
is managed, grazing in riparian areas can reduce cover, reduce 
streambank stability, increase stream temperatures, reduce fish prey, 
and change stream geometry by making channels wider and shallower. We 
do not believe livestock grazing and fish and fish habitat conservation 
are mutually exclusive in all cases, provided appropriate special 
management needs for particular areas are implemented.
    (24) Comment: We received comments expressing concern about the 
potential effects of timber harvest and mining on bull trout habitat, 
and effects of critical habitat designation on those activities.
    Our Response: The Service agrees that forestry and mining practices 
can impact bull trout habitat. We will continue to work cooperatively 
with land managers and operators to implement bull trout conservation 
measures in a manner consistent with the operators' needs to the 
maximum extent practicable.
    (25) Comment: We received several comments regarding the public 
participation process for this rule. Some commenters expressed concern 
over the opportunity to comment, some expressed concern with the 
quality of maps provided in the proposed rule, some expressed 
frustration with having to navigate the Federal website to submit their 
comments, and others stated that compliance with the National 
Environmental Policy Act (NEPA) (42 U.S.C. 4321 et seq.) was required.
    Our Response: Service outreach efforts began in late 2009 and 
continued in early 2010. We issued press releases, published legal 
notices in local newspapers, contacted and coordinated with Native 
American Tribes, met with State officials, and communicated through a 
variety of means to individuals with interest in commenting on the 
rule. The initial comment period was extended to accommodate further 
input from interested private individuals, State and Federal agencies, 
or others. One public hearing was conducted in Boise, Idaho, and 
several public meetings were conducted at centralized locations within 
areas affected by the critical habitat designation. With regard to 
NEPA, outside the jurisdiction of the U.S. Court of Appeals for the 
Tenth Circuit, we do not prepare environmental analyses as defined by 
NEPA in connection with designating critical habitat under the Act. We 
published a notice outlining our reasons for this determination in the 
Federal Register on October 25, 1983 (48 FR 49244). This position was 
upheld by the U.S. Court of Appeals for the Ninth Circuit (Douglas 
County v. Babbitt, 48 F.3d 1495 (Ninth Cir. 1995), cert. denied 516 
U.S. 1042 (1966)). As suggested by commenters, the Service has 
published simplified maps in the Federal Register with this final rule, 
and has made more detailed maps available on its web site, http://www.fws.gov/pacific/bulltrout/, or by request from the Oregon Fish and 
Wildlife Field Office, 2600 S.E. 98th Ave, Suite 100, Portland, OR 
97266, telephone 503-231-6179.
    (26) Comment: We received several specific comments on road impacts 
to bull trout habitat.
    Our Response: Roads and other activities above the ordinary high 
water mark or bankfull elevation of streams, and upstream in watersheds 
can directly or indirectly impact bull trout habitat in streams. The 
construction, use, and maintenance of roads may impact bull trout 
habitat in several ways; for example, roads can act as vectors for 
introducing sediment to streams and road culverts can block fish 
passage. To protect bull trout habitat, the Service will continue to 
evaluate impacts on a site-specific basis and develop appropriate 
avoidance, minimization, and mitigation measures during section 7 
consultation on Federal actions.
    (27) Comment: We received comments supporting the more prominent 
role science played in this designation when compared to the 2005 
designation, and comments expressing concern over how science was used 
to identify essential habitat and PCEs. Concerns were also expressed 
regarding the differences between the 2005 designation and this 
designation, and the amount of critical habitat proposed in some areas.
    Our Response: We believe the information we relied on to develop 
this final rule is consistent with accepted scientific standards. The 
rationale behind the differences between the 2005 final rule and the 
2010 proposed rule are explained in the Summary of Changes from the 
Previously Designated Critical Habitat of the proposed rule (75 FR 
2273, January 14, 2010), and are primarily associated with fewer 
section 4(b)(2) exclusions in this rule compared to the 2005 rule. 
Additional scientific information from peer reviewers, State

[[Page 63913]]

fish and wildlife agencies, and Federal agency biologists was used to 
identify areas with the physical or biological features essential to 
the conservation of bull trout and additional unoccupied areas 
essential to the conservation of bull trout in each of the critical 
habitat units.
    (28) Comment: We received several comments regarding special 
management needs for bull trout, most of which addressed concerns over 
what may be required and how we would regulate management activities to 
conserve bull trout. We also received comments related to the impact of 
critical habitat designation on private lands.
    Our Response: In occupied critical habitat areas, special 
management considerations or protection are required. In some cases, 
(e.g., Congressionally-designated Wilderness Areas), continued 
implementation of wilderness designation management measures may be 
necessary to ensure adequate protection of key spawning and rearing 
streams, but in other cases avoiding creation of fish passage 
impediments may be required. Broad prohibitions of any specific actions 
across the range of bull trout would be inappropriate because the 
effects of actions can vary widely throughout the range of the species, 
and the special management needs in those areas may vary accordingly. 
Although special management considerations and protections are not 
implicitly required in unoccupied critical habitat areas, we will work 
collaboratively with Federal agencies to identify ways to ensure 
unoccupied critical habitat can continue to serve its intended 
conservation purposes, in light of agency actions that may be proposed 
in those areas.
    Designating critical habitat will help inform private landowners 
more specifically of the needs and opportunities for bull trout 
conservation. Private landowners can protect fish and wildlife habitat 
quickly and efficiently, and they often choose to do so, sometimes in 
cooperation with and with support from the Service and other government 
agencies. We agree with the need to work cooperatively with landowners 
to conserve bull trout.
    (29) Comment: We received several comments advocating for and 
against designating unoccupied critical habitat, and comments 
questioning the regulatory effects of unoccupied habitat designation on 
Federal agency actions.
    Our Response: The Service believes it is essential to designate 
unoccupied habitat in order to achieve bull trout recovery. In most 
cases, this includes lower elevation main stem river FMO habitats 
important for seasonal connectivity among existing upstream 
populations. We anticipate that many of these FMO habitats may only be 
important during certain times of year to support bull trout migration. 
With regard to the regulatory effect of designating unoccupied habitat, 
when consulting under section 7(a)(2) of the Act in designated critical 
habitat, independent analyses are conducted for jeopardy to the species 
and adverse modification of critical habitat (75 FR 2291, January 14, 
2010). In unoccupied critical habitat, Federal agencies may need to 
implement measures to avoid the destruction or adverse modification of 
critical habitat to ensure the affected critical habitat area can 
continue to serve its intended conservation role for the species. Any 
management needs would be addressed on a case-by-case basis, relative 
to the specific Federal action under consultation.
    (30) Comment: We received several comments suggesting that rather 
than designating critical habitat, we should rely on other protective 
measures to meet the need for bull trout conservation. Examples 
included measures that protect critical habitat designated for salmon 
and steelhead species, State forest practice rules, Federal land 
management protections, and other commitments to conserve fish habitat 
within the range of bull trout.
    Our Response: The Service is aware that several other regulatory 
protections are currently in place in many parts of the range of bull 
trout, and we appreciate those efforts. We evaluated many of the 
protective measures suggested by commenters within the context of 
section 4(b)(2) of the Act, and do not believe any significant new 
regulatory requirements will result from designating bull trout 
critical habitat. Nonetheless, under section 7(a)(2) of the Act, 
Federal agencies are required to ensure that actions they fund, 
authorize, or carry out are not likely to destroy or adversely modify 
critical habitat. There may also be educational benefits associated 
with informing the public of those areas that are most important to 
bull trout conservation.
    (31) Comment: We received several comments on the effects of water 
use on bull trout, and the regulatory effect the designation of 
critical habitat could have on water use. Most commenters were 
concerned that their ability to use water for irrigated agriculture 
might be impacted by this designation, and recommended that we 
carefully evaluate effects of water use on a site-specific basis, and 
work closely with irrigators and State agencies.
    Our Response: Any water use effects to designated critical habitat 
from Federal actions will be addressed on a case-by-case basis through 
consultation with Federal agencies under section 7 of the Act. The 
Service intends to work cooperatively with Federal agencies, 
irrigators, and State agencies to ensure bull trout conservation needs 
are compatible with their program needs and interests to the maximum 
extent practicable. In our experience, working collaboratively to 
address bull trout stream flow requirements provides significant 
conservation benefits to bull trout. Special management needs in bull 
trout critical habitat areas would be addressed on a case-by-case 
basis, but are generally expected to be similar to existing measures 
that provide protection for this species.
    (32) Comment: One commenter stated that, in the 2005 rule, the 
Service excluded a segment of the Clark Fork River in Montana from 
critical habitat because that segment was in a designated Superfund 
site, subject to cleanup under the Superfund statute, but the mainstem 
Coeur d'Alene River was proposed as critical habitat in this rule, even 
though it, like the Clark Fork, is a listed Superfund site. The 
commenter stated that the Service has never explained its inconsistent 
treatment of the Clark Fork River and the Coeur d'Alene River Superfund 
sites.
    Our Response: We disagree that the 2005 final critical habitat rule 
excluded a segment of the Clark Fork River because the segment was in a 
Superfund site, subject to cleanup under the Superfund statute (42 
U.S.C. 103, Sec. Sec.  9601-9628). The 2005 final critical habitat rule 
states that the segment of the Clark Fork River in question was 
excluded because it did not have sufficient PCEs to support at least 
one of the species' essential biological activities, not because it was 
a Superfund site. In contrast, the mainstem Coeur d'Alene River is 
identified as a migratory corridor and provides the PCEs necessary for 
seasonal use (primarily spring and late fall) by migrating bull trout.

Comments on the Draft Economic Analysis

    The Service published a draft economic analysis (DEA) concurrent 
with the proposed rule (75 FR 2269, January 14, 2010). Of the 1,111 
public comments we received, 128 were on the DEA. We initially grouped 
these comments into two main categories: comments on the economic 
analysis, and comments on economic costs and benefits of critical 
habitat. We then

[[Page 63914]]

performed a separate analysis of all these comments, and further broke 
down subject matter into 34 separate responses. Comments from each of 
the 34 economic-related categories are summarized, below, with the 
Service's responses.
    (1) Comment: One commenter was concerned that the baseline approach 
to the economic analysis has been rejected by courts.
    Our Response: As stated in Chapter 2 of the final economic analysis 
(FEA), the U.S. Tenth Circuit Court of Appeals instructed the Service 
in 2001 to conduct a full analysis of all of the economic impacts of 
proposed critical habitat, regardless of whether those impacts are 
attributable co-extensively to other causes. Since that decision, 
however, courts in other cases have held that an incremental analysis 
of impacts stemming solely from the critical habitat rulemaking is 
proper. For example, in the March 2006 ruling that the August 2004 
critical habitat rule for the Peirson's milk-vetch (Astragalus 
magdalenae var. peirsonii) (69 FR 47329, August 4, 2004) was arbitrary 
and capricious, the United States District Court for the Northern 
District of California stated, ``That case also involved a challenge to 
the Service's baseline approach and the court held that the baseline 
approach was both consistent with the language and purpose of the Act 
and that it was a reasonable method for assessing the actual costs of a 
particular critical habitat designation. . . `To find the true cost of 
a designation, the world with the designation must be compared to the 
world without it.''' More recently, in Arizona Cattle Growers' 
Association v. Salazar, No. 08-15810 (9th Cir. 2010) (Mexican spotted 
owl 2004 critical habitat designation), the Court of Appeals upheld the 
Service's use of the baseline approach in preparing the economic 
analysis and making the ultimate section 4(b)(2) decision. The Ninth 
Circuit disagreed with the Tenth Circuit's opinion requiring a co-
extensive analysis. The Ninth Circuit thought it was more logical to 
use the impacts resulting from listing the species as a baseline and to 
limit consideration of areas for exclusion to those where there were 
impacts above those imposed by listing. It noted that considering costs 
imposed by the listing of the species made no sense because those 
listing costs would still be present if the area in question were 
excluded from critical habitat. Also, on May 27, 2010, the U.S. 
District Court ruling in Otay Mesa Property v. USDOI - CV 08-
383(RMC)(D.D.C.) stated in part that ``FWS has explained its preference 
for the baseline method and fully explained the analyses that underlie 
the critical habitat designation for the San Diego fairy shrimp. It 
need do no more.''
    In order to address the divergent opinions of the courts and 
provide the most complete information to decision-makers, the final 
economic analysis reports both (a) the baseline impacts of bull trout 
conservation from protections afforded the species absent critical 
habitat designation; and (b) the estimated incremental impacts 
precipitated specifically by the designation of critical habitat for 
the species. However, the data used in determining our regulatory 
flexibility analysis reflects only the incremental costs which may be 
attributable to the designation of critical habitat for the bull trout.
    (2) Comment: One commenter stated that the economic analysis did 
not consider the potential for the curtailment of mining production and 
employment on the main stem and North Fork Coeur d'Alene River, or the 
upstream tributaries. The commenter also noted the potential for 
impacts to waste water treatment plants, storm water requirements, 
other point and nonpoint source discharges, and potential impacts to 
plans for a Superfund cleanup site located in the Coeur d'Alene basin, 
which include plans for bank stabilization, channel realignment, and 
dredging projects.
    Our Response: The mainstem Coeur d'Alene River and North Fork Coeur 
d'Alene Rivers have been designated as critical habitat for bull trout 
since September 26, 2005 (70 FR 56212). This critical habitat revision 
extends the designation into several tributaries of the North Fork 
Coeur d'Alene and St. Joe Rivers, but does not revise existing critical 
habitat on the mainstem or North Fork. The commenter did not present 
any substantive economic information regarding potential impacts of 
extending the designation, and we have no data indicating that 
designating critical habitat in the tributaries would have any impacts 
on mining or other activities beyond those attributable to listing.
    (3) Comment: Several commenters stated that the economic analysis 
should incorporate the recent ruling in the Ninth Circuit Court of 
Appeals, Gifford Pinchot Task Force v. U.S. Fish and Wildlife Service, 
378 F.3d 1059 (9th Cir. 2004), amended by 387 F.3d 968 (9th Cir. 2004). 
Specifically, commenters point out that the court decided ``the 
jeopardy standard should be applied with reference to whether the 
proposed action appreciably diminishes the likelihood of both the 
survival and recovery of a species. By contrast, the prohibition 
against destruction or adverse modification of critical habitat is 
triggered at a lower threshold--when sufficient critical habitat is 
lost so as to threaten a species' recovery even if there remains 
sufficient critical habitat for the species' survival.'' Commenters 
state much of the analysis is predicated on the idea that a project 
that would likely jeopardize bull trout would also likely adversely 
modify its critical habitat and vice versa. Commenters stated that 
because the jeopardy standard and the adverse modification standard are 
not synonymous, the DEA should not rely on the assumption that there 
will be few incremental costs in occupied areas.
    Our Response: As stated in Chapter 2 of the FEA, incremental 
effects of critical habitat designation are determined using the 
Service's December 9, 2004, interim guidance on ``Application of the 
`Destruction or Adverse Modification' Standard Under section 7(a)(2) of 
the Endangered Species Act'' and information from the Service regarding 
what potential consultations and project modifications may be imposed 
as a result of critical habitat designation over and above those 
associated with the listing of bull trout (Appendix E of the final 
economic analysis). Specifically, in Gifford Pinchot Task Force v. 
United States Fish and Wildlife Service, the Ninth Circuit invalidated 
the Service's regulation defining destruction or adverse modification 
of critical habitat, and the Service no longer relies on this 
regulatory definition when analyzing whether an action is likely to 
destroy or adversely modify critical habitat. In occupied critical 
habitat, it is unlikely that a section 7 consultation would identify a 
difference between measures needed to avoid the destruction or adverse 
modification of bull trout critical habitat from measures required to 
avoid jeopardizing the species. This conclusion is based on numerous 
regulatory protections and associated conservation activities that are 
already occurring in those areas for listed salmon and steelhead, as 
discussed in the FEA. Alternatively, in unoccupied critical habitat, a 
jeopardy analysis would not be conducted during section 7 consultation. 
However, measures to avoid destruction or adverse modification may be 
necessary to ensure unoccupied areas can continue to serve their 
intended conservation role for the species.
    (4) Comment: Several Tribes submitted comments expressing concern 
about the potential economic impact of the designation on tribal lands. 
One Tribe requested the

[[Page 63915]]

economic analysis specifically address the economic impacts on the 
Tribe, the Reservation, and tribal trust resources, taking into account 
``the unique nature of Reservation economies,'' and stated ``in 
particular, the analysis must fully analyze the Tribe's ability to use 
its water, including potential future uses and the effective 
reallocation of water rights priorities that may be caused by the 
designation and the cost to the Tribe of such.''
    Our Response: Under Secretarial Order 3206, we consult with 
affected Indian Tribes when considering the designation of critical 
habitat in an area that may impact tribal trust resources, tribally-
owned fee lands, or the exercise of tribal rights. The Secretarial 
Order states that critical habitat shall not be designated in such 
areas unless it is determined essential to conserve a listed species, 
and that in designating critical habitat, the Services shall evaluate 
and document the extent to which the conservation needs of the listed 
species can be achieved by limiting the designation to other lands. To 
estimate the incremental costs of conservation efforts, the economic 
analysis focuses on activities in areas considered to be unoccupied by 
bull trout. Incremental costs are those efforts above and beyond the 
costs undertaken due to existing required or voluntary conservation 
efforts being undertaken due to other Federal, State, and local 
regulations or guidelines. In particular the analysis focuses on those 
areas that do not overlap with salmon critical habitat, since the 
primary constituent elements identified for salmon are similar to those 
identified for bull trout, and additional conservation measures in 
those areas would unlikely be necessary.
    To the extent possible, potential impacts to tribal areas are 
considered in the FEA as part of the unit in which the tribal lands are 
located. For example, section 7 consultations that may have been 
undertaken with tribal entities have been included in calculations of 
administrative costs for applicable units. Information provided in 
public comments related to particular tribal concerns has been 
incorporated into Chapters 3 and 4 of the FEA.
    (5) Comment: Several commenters stated the economic analysis fails 
to recognize the benefits that might derive from critical habitat 
designation. Other commenters state it is unclear why benefits have not 
been quantified. Several comments indicated the Service should have 
presented a cost-effectiveness analysis or a cost/benefit analysis. A 
few comment letters also state that by analyzing only the costs 
associated with the designation, the Service cannot meet the 
requirements of the Act, and that without analyzing benefits it is 
arbitrary for the Service to exclude areas from critical habitat 
designation on the basis of economic impacts.
    Our Response: There are no areas proposed as critical habitat that 
are being excluded from designation on the basis of economic impacts. 
Chapter 6 of the DEA discusses the types of benefits that could result 
from designation of critical habitat for bull trout and explains 
methods that could be used to estimate benefits and the data that would 
be required to calculate such estimates. As discussed in Chapter 6 of 
the DEA, data are not currently available to estimate the incremental 
economic benefits that could result from designation of critical 
habitat for bull trout. The primary intended benefit of critical 
habitat is to support the conservation of endangered and threatened 
species. Thus, attempts to develop monetary estimates of the benefits 
of the bull trout critical habitat designation would focus on the 
public's willingness to pay to achieve the conservation benefits to the 
bull trout resulting from this designation. Quantification and 
monetization of species conservation benefits requires information on 
the incremental change in the probability of bull trout conservation 
that is expected to result from the designation. No readily available 
models or studies exist that provide such information. Even if this 
information existed, the published valuation literature does not 
support monetization of incremental changes in conservation probability 
for this species. Similarly, none of the alternative methods suggested 
(e.g., methods to evaluate losses from fish kills, the Service's 
Habitat Evaluation Procedures Model, fish market or restaurant value, 
and replacement cost) would overcome the fact that information is not 
available to predict the extent and timing of bull trout recovery that 
could result from designation of critical habitat. The Office of 
Management and Budget has acknowledged that it may not be feasible to 
monetize or quantify benefits because there may be a lack of credible, 
relevant studies, or because the agency faces resource constraints that 
would make benefit estimation infeasible (U.S. OMB, ``Circular A-4,'' 
September 17, 2003, available at http://www.whitehouse.gov/sites/default/files/omb/assets/omb/circulars/a004/a-4.pdf).
    (6) Comment: Several commenters suggested that economic benefits of 
a restored bull trout fishery have been estimated to be $215 million, 
based on an economic benefits section that was removed from the 
previous draft 2004 economic analysis.
    Our Response: The Service removed the benefits analysis from the 
2004 DEA because of concerns from the Office of Management and Budget 
(OMB) and the Department over the contingent valuation and benefits 
transfer methods used. A contingent valuation involves asking someone 
how much they would pay to continue a specific activity that is 
threatened by pollution or other factors. For example, one might ask an 
angler how much he or she would spend to continue fishing for bull 
trout in clean rivers. Some economists doubt the accuracy of such 
analyses because of their hypothetical nature and because respondents 
do not have to follow up their answers with actual payments. Therefore, 
they may tend to over-value the benefit. The 2004 DEA's discussion of 
the value of bull trout recreational fishing was a benefits-transfer 
analysis. A benefits-transfer analysis uses research conducted for one 
species or purpose to extrapolate results for another species or 
purpose. OMB's guidelines on the use of benefits transfer state that 
although benefit-transfer can provide a quick, low-cost approach for 
obtaining desired monetary values, the methods are often associated 
with uncertainties and potential biases of unknown magnitude. It should 
therefore be treated as a last resort option and not used without 
explicit justification (OMB Circular A-4). As such, these estimates are 
not included in the FEA. Chapter 6 of the DEA discusses the types of 
benefits that could result from designation of critical habitat for 
bull trout and explains methods that could be used to estimate benefits 
and the data that would be required to calculate such estimates. As 
discussed in Chapter 6 of the DEA, the Service believes that sufficient 
data are not currently available to enable us to estimate the 
incremental benefits that could result from designation of critical 
habitat for bull trout. Specifically, information is not available to 
predict the extent and timing of bull trout recovery that could result 
from designation of critical habitat.
General Comments on Economic Analysis
    (1) Comment: Several commenters believed the DEA failed to consider 
the full extent of potential impacts that may occur as a result of the 
designation of critical habitat. Some commenters stated the DEA only 
addresses impacts to Federal agencies, and does not consider other 
impacts to private landowners or

[[Page 63916]]

the costs of recovery. Other commenters stated that the DEA did not 
consider additional impacts to activities such as flood control, 
including the increased risk of catastrophic flood; and fire 
management.
    Our Response: Chapter 5 of the FEA estimates the costs associated 
with section 7 consultation for the bull trout, while Chapter 4 
discusses potential incremental impacts (i.e., impacts that are not 
expected to occur absent critical habitat). The FEA quantifies 
potential impacts to private landowners, including timber companies, 
cattle ranchers, crop farmers, and mining companies, that may be 
affected by the designation. Exhibit 4-4 of the FEA outlines potential 
conservation measures, affected action agencies, and affected third 
parties.
    The FEA considers impacts that are probable and reasonably 
foreseeable. While the FEA does not estimate impacts associated with 
damage resulting from catastrophic flood or fire events, this type of 
catastrophic event is largely unpredictable. Moreover, the analysis 
assumes the relevant agencies actively manage to prevent these events, 
and that these management actions will not be precluded by the 
designation. The analysis quantifies the potential costs to these 
agencies of implementing project modifications as well as undergoing 
section 7 consultation.
    Specifically, administrative costs associated with considering 
possible impacts to fuels reduction and other fire management 
activities are considered in Chapter 5 of the FEA. As noted in Exhibits 
D-2 through D-4, more than 21 formal section 7 consultations, 38 
informal consultations, and 12 technical assistance efforts are 
forecast annually related to forest management activities. In addition, 
forest management costs as quantified in Chapters 3 and 4 of the FEA 
include project modifications associated with fuel reduction projects, 
including biologist monitoring time for work occurring within buffer 
zones.
    Administrative costs associated with flood control, bank 
stabilization, and other instream construction work, are included under 
``other activities'' in Chapter 5 of the FEA. As noted in Appendix D, 
more than 325 section 7 actions are forecast for ``other activities.'' 
Potential incremental project modifications associated with flood 
control activities are summarized in section 4.1 of the FEA.
    (2) Comment: A number of commenters noted the proposed designation 
is likely to have a significant economic impact, citing a potential for 
$1 billion in impacts. Given the current state of the economy, other 
commenters expressed concern about impacts related to bull trout 
conservation placing additional stress on already economically 
vulnerable industries and areas. Several commenters stated that funds 
spent on bull trout protection efforts would be better used for other 
purposes.
    Our Response: The Service acknowledges that the current economic 
situation creates conditions in which local and regional economies may 
be less able to absorb any additional regulatory burden. However, this 
analysis examines a 20-year timeframe, with expected impacts 
distributed across the entirety of this time period. Moreover, 
incremental impacts are expected to be relatively small, at 
approximately $5 to $7 million a year, distributed across 87 counties 
and four States. Finally, the bulk of these incremental impacts are 
likely to be borne by Federal and State agencies rather than private 
landowners. While the analysis also forecasts the potential for 
approximately $100 million in annualized baseline costs, these impacts 
are expected to occur regardless of critical habitat designation for 
bull trout.
    (3) Comment: One comment suggested the DEA overstated incremental 
conservation costs associated with the proposed critical habitat and 
provided various examples to illustrate this. The comment states the 
range of annualized incremental costs should have been narrower, and 
that certain costs are inappropriately included as incremental 
conservation costs. The commenter further states mitigation costs for 
sediment controls should not be considered incremental since they would 
be incurred due to forest management practices already in place. Also, 
the comment states incremental costs above Condit Dam should not be 
included since this dam is scheduled for removal.
    Our Response: As described in section 4 of the FEA, the analysis of 
incremental costs focuses on identifying costs that would be associated 
with unoccupied critical habitat designated in areas that do not 
overlap with salmon habitat. The range of incremental costs is due to 
various uncertainties underlying the expected types and costs of 
conservation measures. Where reliable information was available to 
narrow this range it was incorporated in the analysis. However, as 
discussed in the 2004 final economic analysis for the final Columbia 
and Klamath DPS critical habitat designation (69 FR 59995, October 6, 
2004), in the case of costs associated with potential changes to 
irrigation withdrawals, the likelihood of these costs occurring is not 
known, leading us to estimate a wide range of impacts. Similarly, we 
estimated a range of incremental costs associated with forest 
management projects because the exact scope and type of projects were 
uncertain. Due to these uncertainties, the high-end scenario may 
overstate incremental impacts. While there is uncertainty in the 
estimates of incremental conservation costs presented in the DEA, the 
Service believes these estimates to be based on the best information 
currently available, and has made corrections as appropriate based on 
information provided in public comments.
    As discussed in Chapter 3 of the FEA, forest management 
conservation costs associated with baseline regulations include the 
Idaho, Washington, and Oregon Forest Practices Acts, and many other 
Federal regulations. The methodology applied in the analysis was 
designed to separate out as incremental those costs that would not be 
incurred but for the critical habitat designation. Thus, based on 
historical consultation efforts and discussions with the U.S. Forest 
Service, forecast incremental forest management conservation costs are 
those costs associated with section 7 consultations that would not 
occur but for the designation of bull trout critical habitat in 
unoccupied areas.
    We agree with the commenter that once the Condit Dam has been 
removed, there will not be incremental impacts associated with the area 
above the dam. As discussed in the FEA (section 4.2.2), incremental 
impacts in the Lower Columbia River Basin unit are expected to minimal. 
Once the Condit Dam is removed, projects will need to consider impacts 
to listed salmon species as well as bull trout.
    (4) Comment: Several commenters indicated the DEA should not rely 
on the 2004 and 2005 economic analyses because the information is out 
of date and because national and regional economies have changed 
drastically since these analyses were published. Another commenter 
stated the DEA does not account for the drastic economic downturn in 
the Northwest, and provided information regarding how the timber 
industry has changed in the recent past. Also, this commenter indicates 
the use of the GDP deflator is not appropriate and the DEA should use a 
more up-to-date regional factor to convert costs to 2010.
    Our Response: In developing the DEA, research was conducted to 
ensure that the conservation costs forecast in the earlier 2004 and 
2005 economic analyses were applicable. Where more

[[Page 63917]]

recent relevant information was available, this was incorporated, as 
appropriate. The 2004 final economic analysis of the Columbia and 
Klamath populations critical habitat designation was reviewed by three 
independent technical advisors: Dr. Joel Hamilton, Emeritus Professor 
of Agricultural Economics and Statistics, University of Idaho; Dr. Lon 
Peters, president of Northwest Economic Research, Inc., a Portland-
based firm that provides economic consulting services to electric 
utilities; and Dr. Roger Sedjo, senior fellow and the director of 
Resources for the Future's forest economics and policy program. 
Similarly, the 2005 economic analysis of the Coastal-Puget Sound, 
Jarbidge River, and Saint Mary-Belly River populations final critical 
habitat designation was peer reviewed by Dr. Peters and Dr. Hamilton, 
as well as by Dr. Bruce Lippke, Professor Emeritus School of Forest 
Resources, University of Washington. Feedback from these reviewers was 
incorporated into the 2004 and 2005 final economic analyses as 
appropriate. The information provided by the commenter regarding 
changes in the timber industry consisted of articles published in 1999 
and 2000, prior to 2004 and 2005 when the original research for this 
FEA was conducted, and as such, we did not use this information to 
update the report.
    No specific information was provided regarding how the economic 
downturn in the Northwest is different than the economic conditions in 
the rest of the country, or how this downturn should be factored in 
differently in the DEA for the bull trout. The commenter did not 
provide any regional conversion factor, as suggested, which we could 
evaluate. Given the large geographic scale of this designation and the 
types of potential impacts, we determined that the national GDP 
deflator was the most appropriate figure for use in inflating the 
conservation costs. We believe we have taken the correct approach by 
updating costs to current dollars since the previous reports by using 
the GDP deflator, which takes into account the current state of the 
national economy.
    (5) Comment: Several comments indicated confusion about what 
conservation costs were included as baseline costs. In particular, one 
commenter is concerned that the DEA did not assess potential economic 
impacts stemming from State laws that limit activities in designated 
critical habitat areas. A comment indicated that the DEA did not take 
into account land and resource management plans (i.e., Land and 
Resource Management Plans (LRMP) and Resource Management Plans (RMP)) 
as part of the baseline regulatory conditions. While one commenter is 
concerned that the DEA did not take into account baseline impacts that 
could result from reinitiated consultation on the Washington Forest 
Practices Habitat Conservation Plan (FPHCP), another commenter 
indicated that costs associated with HCPs should not be included in the 
analysis. Another commenter notes that it is unclear whether costs 
associated with the bull trout critical habitat finalized in 2005 are 
included in the baseline. Various other commenters provided details on 
baseline conservation costs that were not included in the DEA. In 
particular, one commenter notes that they have incurred significant 
expenses providing protection to bull trout under the Idaho Forest 
Practices Act since 2004, which should have been included in baseline 
impacts.
    Our Response: The State laws that may limit activities in 
designated critical habitat are discussed in section 3 of the FEA. The 
analysis considers State laws, LRMPs, and RMPs as part of the baseline 
regulatory environment. LRMPs and RMPs are generally developed under 
the Federal Land Policy and Management Act (43 U.S.C. 1701 et seq.) 
listed in Exhibit 3-4. As discussed in section 5.2.2, incremental 
administrative costs quantified in the FEA include administrative costs 
associated with reinitiated consultations, such as reinitiation of 
consultation on the FPHCP. However, incremental conservation costs 
associated with reinitiation of consultation for the FPHCP are not 
anticipated, and therefore none are quantified. As discussed in section 
2.3.2 of the FEA, no specific plans to prepare new HCPs in response to 
this critical habitat designation were identified; therefore, no 
conservation costs associated with HCPs are included in FEA.
    Text has been added to section 2 of the FEA to clarify that the 
analysis considers and estimates the impacts of the rule as proposed 
and as if the existing 2005 critical habitat designation did not exist. 
In other words, this analysis considers and estimates the impacts 
associated with designating areas as critical habitat versus not 
designating these areas. This analysis is intended to assist the 
Secretary in determining whether the benefits of excluding particular 
areas from the designation outweigh the benefits of including those 
areas in the designation. These particular areas also include those 
already designated as critical habitat under the 2005 designation and 
which are subject to re-examination by the Secretary.
    The commenter is correct that the analysis does not fully account 
for nor include all baseline costs. Section 2.3 of the FEA discusses 
the Service's approach to conducting the economic analysis and notes 
that due to extensive overlap between the current proposed designation 
and the past bull trout critical habitat proposals, and due to the 
existence of two detailed economic analyses of those past proposals, 
the FEA focuses on incremental impacts expected to occur after we 
finalize this designation of critical habitat. Because baseline costs 
are not solely attributable to the proposed designation, they are 
considered in the FEA primarily for purposes of providing context, 
while the incremental impacts are considered to be of primary 
importance for decision-making purposes. As discussed in section 3.3.1 
of the FEA, costs associated with not-before-analyzed occupied areas as 
well as unoccupied habitat that overlaps with salmon habitat are 
included in the baseline, but were not expressly quantified in the 
current FEA. Nonetheless, where additional relevant information on 
baseline costs not captured in the report was provided in the public 
comments, it has been added to the FEA.
    (6) Comment: Several commenters were concerned about potential 
costs to property owners that could result from the uncertain nature of 
future regulation. One commenter was concerned that critical habitat 
designation will result in decreased property values. In particular 
this commenter states that with the Act's regulation in the background 
it is reasonable to expect reduced property values of $100 per acre or 
more. This commenter states that a loss of $100 per acre could reduce 
their property values by $80 million in Idaho. On the other hand, 
another commenter states that impacts related to stigma and regulatory 
uncertainty are unlikely. This commenter further suggests that critical 
habitat could increase property values, for example by increasing the 
likelihood of Federal or State subsidies for conservation projects, or 
by increasing interest in the property for purchase for conservation 
easements.
    Our Response: Stigma and uncertainty impacts are discussed in 
section 2.3.2 of the FEA. While there is potential for uncertainty 
impacts associated with the designation of critical habitat for bull 
trout, as discussed in the FEA, information is not available to 
quantify these impacts. Thus, impacts related to uncertainty are not 
calculated in the FEA. The FEA does not predict or

[[Page 63918]]

quantify any impacts related to stigma that could result from the 
designation of critical habitat for the bull trout. As discussed in the 
FEA, public attitudes about the limits or restrictions that critical 
habitat may impose can cause real economic effects to property owners, 
regardless of whether such limits are actually imposed. However, as the 
public becomes aware of the true regulatory burden imposed by critical 
habitat, the impact of the designation on property values may decrease. 
The analysis considers the implications of public perceptions related 
to critical habitat on private property values within the proposed 
designation.
    The FEA finds that the bull trout critical habitat designation is 
unlikely to cause property value losses because much of the property 
proposed for designation is already being managed in ways consistent 
with what would be required if adjacent streams were designated bull 
trout critical habitat. For example, as noted as in the FEA, there are 
numerous baseline regulations in place that provide protections for 
bull trout and its critical habitat including conservation protections 
for salmon and steelhead. In addition, most of the lands are currently 
occupied by bull trout (96 percent), and 87 percent of the proposed 
critical habitat was included in previous critical habitat proposals. 
Thus, given the history of regulation and baseline protections already 
in place, property value impacts resulting from this critical habitat 
designation are not considered reasonably foreseeable. The commenter 
did not provide supporting information for the estimate that critical 
habitat results in reduced property values of $100 per acre; thus the 
validity of this estimate cannot be evaluated.
    (7) Comment: Several commenters noted the DEA did not provide 
estimates of impacts at a detailed geographic level. As a result, the 
commenters could not determine how the designation may affect specific 
stream segments and geographic areas (e.g., individual counties).
    Our Response: The FEA presents impacts based on the 32 units 
outlined by the Service in the proposed rule. Because the analysis 
covered almost 37,000 river kilometers (km) (23,000 miles (mi)) and 
more than 200,000 hectares (ha) (500,000 acres (ac)), and followed a 
20-year time horizon, project forecasts and other data were not 
available at a sufficiently specific level to project impacts by 
individual stream mile. To the extent possible, the FEA identifies 
costs to specific areas when information was available. Where 
potentially affected projects or sites were identified, the FEA 
attributes impacts associated with these projects to the relevant unit. 
For example, project modifications associated with facilities that form 
part of the Federal Columbia River Power System are attributed to the 
relevant units. Other impacts that are expected to fall on specific 
types of lands (e.g., lands managed by the U.S. Forest Service) are 
distributed across the designation based on river mile.
    (8) Comment: Several commenters stated the DEA failed to consider 
impacts on economic activities occurring upstream or downstream of 
critical habitat areas.
    Our Response: The DEA considers potential impacts to activities 
that may threaten the bull trout as identified by the Service. As 
discussed in section 2.3.2, the analysis considers indirect impacts to 
the extent it is possible to identify these types of impacts. 
Additional detail has been added to Chapters 3 and 4 of the FEA 
qualitatively discussing potential impacts on upstream and downstream 
activities. Since 96 percent of designated habitat is occupied by bull 
trout, any incremental effect of this regulation protecting bull trout 
habitat would likely be small. However, given data limitations and 
geographic scope, the DEA analysis does not answer the question of 
whether impacts to mining or other upstream operations are likely 
(i.e., the probability of such impacts), or define the expected 
magnitude of these impacts in any one area.
    (9) Comment: A commenter states that the numbers in the 2009 report 
cannot be replicated from the results in the 2004 report.
    Our Response: There are several important reasons why the results 
of the previous economic analyses are not directly transferable to the 
current FEA. In particular, to update conservation costs forecast in 
previous reports, we had to account for three major differences between 
the current and previous reports. First, the geographic distribution of 
the proposed designation and unit definitions are different. Second, 
the framework underlying the economic analysis has changed. Previous 
reports included co-extensive costs, whereas the current FEA 
distinguishes between baseline and incremental costs. Third, the 
timeframe covered by the current analysis has been expanded to 20 
years. In order to assist readers in understanding how the previous 
results are allocated to the new critical habitat units, we have added 
an appendix to the FEA providing additional information on the 
connections between previous reports and the current one. With the 
addition of this appendix, we believe all of the relevant assumptions 
and information used to predict the baseline and incremental costs are 
available in the 2010 FEA and the 2004 and the 2005 final economic 
analyses of bull trout critical habitat.
    (10) Comment: A commenter notes the source of the 3 and 7 percent 
discount rates applied in the previous economic analyses is not 
explained.
    Our Response: Information has been added to Chapter 2 of the FEA to 
explain the source of the 3 and 7 percent discount rates applied in the 
analysis. To discount and annualize costs, guidance provided by the 
Office of Management and Budget (OMB) specifies the use of a real rate 
of 7 percent. In addition, OMB recommends conducting a sensitivity 
analysis using other discount rates such as 3 percent.
Economic Benefits Comments
    (1) Comment: A commenter suggested the Service should have hired a 
renowned natural resource economist, such as Dr. John Loomis, to 
calculate the existence values of bull trout. This commenter also 
suggested the Service should have undertaken a willingness-to-pay study 
to quantify the benefits of recreational fishing.
    Our Response: As discussed in section 6.1 of the FEA, the existing 
economics literature does not provide the data necessary to quantify 
the value the public would place on actions taken to enhance the 
probability of recovery of bull trout. The estimation of the existence 
value of bull trout would require primary research involving formal 
approval from the Office of Management and Budget under the Paperwork 
Reduction Act (44 U.S.C. 3501 et seq.), more than a year to conduct a 
survey and analyze the results, and significant resources in excess of 
those allocated to the preparation of the FEA. Similar efforts would be 
required to conduct a willingness-to-pay study to quantify the benefits 
of recreational fishing. Such primary research is beyond the scope of 
this economic analysis. Furthermore, biological models estimating the 
change in the likelihood of recovery that would result from the 
designation of critical habitat and information necessary for a 
credible estimate of willingness to pay are also not readily available. 
Thus, existing data do not allow for the quantification or monetization 
of the conservation value that is incremental to the designation of 
critical habitat.
    (2) Comment: Commenters suggest that water originating from streams 
that may be designated as bull trout critical habitat has a value of at 
least $1.4 to

[[Page 63919]]

$1.5 billion based on a report by the U.S. Forest Service.
    Our Response: This U.S. Forest Service report estimates the total 
volume of water available for use on all Forest Service lands, and 
applies marginal values for instream and offstream water uses. In order 
to utilize this information for the purposes of quantifying the 
benefits of the critical habitat designation for bull trout, additional 
information would be necessary. Specifically, to apply a marginal value 
of water to estimate benefits of critical habitat designation we would 
need quantified estimates of incremental changes in the amount and 
quality of clear cold water resulting from the designation. The impact 
of the designated bull trout critical habitat on water quality and 
quantity has not been modeled.
    (3) Comment: Various commenters provided information about specific 
benefits that should have been included in the DEA. In particular, 
commenters suggested that the analysis should have included benefits 
such as the value of bull trout as subsistence for tribal members, the 
reduction in likelihood that other aquatic species will be added to the 
endangered species list, benefits from closing Forest Service roads, 
and benefits of mitigating for climate change impacts through efforts 
to protect bull trout critical habitat. Another commenter suggests the 
DEA should capture potential benefits such as lower costs to upgrade to 
municipal water treatment facilities to meet water quality standards. 
This commenter also indicated that the cost-savings associated with 
improved productivity, less absenteeism, and reduced public and private 
health care costs resulting from improved water quality should be 
predicted.
    Our Response: Chapter 6 of the FEA describes the categories of 
economic benefit that may derive from the conservation of affected 
aquatic species and habitats, and discusses the research methods that 
economists employ to quantify these benefits. As noted in the FEA, 
additional information would be required in order to quantify these 
benefits as they relate to designation of bull trout critical habitat. 
The FEA (section 6.4.3) includes discussion of the potential for 
benefits related to improved water quality including benefits to other 
species, lower costs of water treatment, and human health benefits. 
Similarly, the report discusses the fact that managing activities in 
riparian areas such as road maintenance could lead to benefits 
associated with improved water quality. Finally, the FEA has been 
modified to include discussion of the potential for benefits such as 
improved subsistence fishing opportunities and mitigation for climate 
change.
    (4) Comment: Several commenters indicate the DEA should have 
included estimates of benefits resulting from increased recreational 
fishing opportunities. In particular, a commenter states that a 
recovered bull trout fishery would result in 218,000 to 295,500 bull 
trout angling days per year within the Columbia River basin and 3,000 
to 4,000 days per year in the Klamath River basin. The commenter also 
estimates potential recreational fishing benefits for Montana. Based on 
anglers spending $44 per day fishing and fishing 11.7 days per year, 
the commenter suggests benefits could total $9.8 million to $12.1 
million in direct income, and $18 to $22 million after applying an 
economic multiplier.
    In addition, various commenters provided information on the 
economic value of recreational fishing in the proposed critical habitat 
area. One comment provided an estimate of $69.8 million of travel-
generated expenditures for fishing, hunting, and wildlife viewing in 
Deschutes County, Oregon (2009). Another commenter supplied information 
on the economic value of recreational fishing in the five States 
containing proposed bull trout critical habitat, which totals $2 
billion based on the Service's 2006 National Survey of Fishing, 
Hunting, and Wildlife-Associated Recreation. Several commenters stated 
that recreational fishing in the State of Idaho results in economic 
benefits of $283 million.
    Our Response: It appears that the estimates of angling days in the 
Columbia and Klamath river basins that would result from a recovered 
bull trout fishery cited in one comment may be based on a 2007 
Defenders of Wildlife study titled, ``Conservation Pays: How Protecting 
Endangered and Threatened Species Makes Good Business Sense.'' However, 
the source cited does not appear to support the estimated angler days. 
Therefore, we have not included information from this study in the FEA. 
Further, the Service determined that data needed to reasonably estimate 
the increase in the number of angling days that would result from the 
critical habitat designation are not available. There is insufficient 
biophysical information to support such an analysis for the areas 
proposed for critical habitat designation. The timing and extent to 
which the bull trout population would be expected to recover is 
unknown, both in total and at the critical habitat unit level. Further, 
the relationship of the designation of critical habitat to the recovery 
of the species is unknown.
    As discussed in Chapter 6 of the FEA, additional information would 
be required to quantify benefits from increased recreational fishing 
opportunities, including: (1) Detailed forecasts of the timing and 
extent of expected bull trout population increases resulting from 
critical habitat designation; (2) any associated expected changes in 
fishing regulations, and (3) the responsiveness of anglers to a new 
target species. These data are not currently readily available.
    To the extent that conservation efforts lead to increased open 
space, aesthetic benefits, or improved water quality, which in turn 
prompt an increase in visitation to the region (e.g., for recreation 
such as fishing, hiking, or wildlife-viewing), the economy and 
employment may benefit from increased regional spending, as discussed 
in Chapter 6 of the FEA. However, general estimates of travel-generated 
expenditures for fishing, hunting, and wildlife viewing are not 
applicable for estimating benefits that could result from designation 
of critical habitat for bull trout. In particular, these types of 
estimates are not specific to rivers or lakes included in the proposed 
critical habitat, nor are they specific to fishing for bull trout. As 
such, we have not incorporated these values provided by commenters into 
the FEA.
    (5) Comment: Two comments suggested that a study of the tailwater 
fishery on the San Juan River in New Mexico could be used to estimate 
benefits on the Upper Deschutes River.
    Our Response: These two comments refer to potential benefits 
associated with the Upper Deschutes River, which was not included in 
the proposed critical habitat, and as such was not considered in the 
economic analysis. Thus, we did not incorporate this information in the 
FEA.
    (6) Comment: A commenter stated that recreational fishing 
opportunities are not dependent on changes to fishing regulations; 
thus, the analysis should be able to quantify benefits associated with 
recreational fishing. The commenter further noted fishing opportunities 
evaluated should not be limited to lethal harvest. This commenter also 
noted an error in the reported percentage of trout fishing days in 
Montana in 2006.
    Our Response: Potential benefits related to increased bull trout 
fishing opportunities are discussed in section 6.3 of the FEA. As noted 
in the FEA, increased recreational fishing opportunities would most 
likely occur in the form of catch-and-release fishing, given the status 
of the species; however,

[[Page 63920]]

the analysis notes that current management approaches could be altered 
at some point to allow some anglers in some areas to harvest bull 
trout.
    Additional information would be required to quantify these 
benefits, including: (1) Detailed forecasts of the timing and extent of 
expected bull trout population increases resulting from critical 
habitat designation; (2) any associated expected changes in fishing 
regulations; and (3) the responsiveness of anglers to a new target 
species. At this time, the Service is not able to forecast how critical 
habitat designation may affect the future population of bull trout in 
critical habitat areas. Further, specific changes, including timing, to 
fishing regulations are uncertain. Given the dearth of available 
information, the Service chose not to quantify the potential benefits 
associated with the increased recreational fishing.
    Information on how fishing regulations might change (e.g., the 
likelihood that States would allow fishing for bull trout, as well as 
where and when) is considered an important factor in forecasting angler 
days that could result from a recovered bull trout fishery. Without 
this information, it would be difficult to predict how much 
recreational fishing would be allowed in critical habitat areas. For 
example, if fishing regulations were very restrictive, the increase in 
recreational fishing due to critical habitat could be very small.
    The commenter is correct in noting that the reported percentage of 
trout fishing days in Montana in 2006 was a typographical error. This 
percentage has been revised in the FEA.
    (7) Comment: Several commenters indicated the DEA should have 
included estimates of benefits resulting from increases in jobs that 
could result from implementation of restoration activities such as road 
reconstruction, culvert replacement, and fence building. Commenters 
state the analysis fails to recognize economic benefits that healthy 
native fisheries and increased spending at local businesses by the 
recreational fishing public can provide to regional economies. One 
commenter suggested that Federal expenditures to protect bull trout 
habitat contribute to the economy of northeastern Nevada.
    Our Response: We agree some level of regional economic benefits 
could result from conservation efforts resulting from bull trout 
critical habitat designation, as discussed in section 6.3 of the FEA. 
To the extent conservation efforts lead to increased open space, 
aesthetic benefits, or improved water quality, which in turn prompt an 
increase in visitation to the region (e.g., for recreation such as 
fishing, hiking, or wildlife-viewing), the economy and employment may 
benefit from increased regional spending. However, based on the 
assessment of incremental costs related to the proposed rule, any 
incremental benefits related to the rule would be expected to be 
limited (i.e., with few incremental project modifications resulting 
from the designation, the scale of economic benefit is expected to be 
modest). As discussed in Chapter 6 of the FEA, the Service determined 
the data needed to reasonably estimate benefits resulting from a 
potential increase in recreational fishing that would result from the 
critical habitat designation are not available.
    (8) Comment: Several commenters noted that the incremental impacts 
projected are relatively small in comparison to the potential benefits 
of the designation. The commenters pointed to potential benefits that 
may result from the designation such as improvements in water quality 
and revitalized fisheries.
    Our Response: The Service agrees that incremental impacts (i.e., 
impacts that would not occur absent critical habitat) are expected to 
be relatively minor. As noted in Exhibit ES-2 of the FEA, potential 
incremental impacts are estimated at $56.3 to $80.9 million over the 
next 20 years (discounted at 7 percent). On an annualized basis, 
incremental impacts are estimated at approximately $5 to $7 million. 
These impacts are discussed in greater detail in Chapter 4 of the FEA.
    The FEA acknowledges potential benefits may occur as the result of 
the designation; Chapter 6 discusses these benefits qualitatively. As 
discussed in section 2.3.3, the Service believes that the direct 
benefits of the proposed rule are best expressed in biological terms 
that can be weighed against the expected cost impacts of the 
rulemaking. A direct comparison of incremental impacts to potential 
benefits in dollar terms is not possible because of a lack of detailed 
understanding of the change in the probability of bull trout recovery 
likely to result from the designation.
Administrative Costs
    (1) Comment: Several commenters provided additional information 
related to the number of forecast section 7 consultations and 
associated costs. One commenter stated the number of forecast 
consultations was too high because of changes in the Northwest economy 
and because regional and programmatic consultations covering multiple 
projects may be used. In addition, the commenter believes forecast 
consultations in unoccupied areas are ``theoretical.'' A second 
commenter noted that they complete between 10 and 15 consultations a 
year, and that this number would increase if unoccupied areas were 
designated. Two commenters noted that costs of participating in section 
7 consultation as a third party were greater than the estimates used in 
the DEA, while another commenter stated that the DEA's estimated costs 
of addressing adverse modification in a consultation were too high.
    Our Response: The comments providing information related to the 
number and costs of consultation for specific entities were 
incorporated into the report in Chapter 5 of the FEA. In general, the 
DEA used a range of administrative costs developed from hours estimates 
based on a review of consultation records from several Service field 
offices. The portion of administrative costs attributed to considering 
critical habitat were based on the Service's estimate that, for every 
three hours spent considering jeopardy, an additional hour is spent 
considering adverse modification. This represents the best available 
information on relative proportion of time spent considering adverse 
modification in section 7 consultations.
    To develop forecasts of future consultations, this analysis relies 
on section 7 consultation records provided by the Service. This record 
includes more than 4,000 section 7 consultations conducted for bull 
trout over the past 7 years. In many cases, the location of future 
projects, the type of section 7 consultation (i.e., programmatic, 
formal, informal, or technical assistance), and the associated level of 
administrative effort needed is not known. The historical rate of 
consultation is assumed to be a reasonable proxy for the frequency and 
type of future consultations because it is likely that similar types of 
projects and entities will occur in the future as in the past. While 
one commenter notes that shrinkage of the timber industry should reduce 
the number of forest management consultations, the number of forest 
management consultations actually increased over the last 4 years. 
Forest management consultations, in fact, consider a broad suite of 
activities, including recreation, road maintenance and transportation, 
and fire management, among other activities.
    It is unclear how critical habitat would likely increase the rate 
of future programmatic consultations. Programmatic consultations are 
frequently used as a tool to reduce consultation workload, and are part 
of

[[Page 63921]]

the consultation records providing the basis for forecasts of future 
consultation activity in this analysis.
    As noted in Exhibit 5-5 of the FEA, some units in occupied areas 
have estimated incremental administrative costs because of the 
incremental effort associated with considering adverse modification in 
consultations that would already be expected to occur. The distribution 
of costs between baseline and incremental is outlined in section 5 of 
the FEA.
Impacts to Small Entities
    (1) Comment: One commenter expressed concerns about certain 
assumptions underlying the Initial Regulatory Flexibility Analysis 
(IRFA). In particular, the commenter noted that some consultations may 
involve more than one small entity (e.g., for consultations on grazing 
activities); that administrative costs are often not passed on to small 
entities by Federal and State agencies and may otherwise be subsidized; 
that the Small Business Administration (SBA) thresholds used are 
inflated; and that location of small entities participating in 
activities such as grazing and mining may not correlate with population 
as assumed in the DEA. Another commenter encouraged outreach with small 
entities that submitted comments during the public comment period, 
including addressing these comments in the Final Regulatory Flexibility 
Analysis (FRFA) prepared for the final rule.
    Our Response: The Initial Regulatory Flexibility Analysis (IRFA) 
has been revised to a Final Regulatory Flexibility Analysis (FRFA). In 
addition to the information previously provided in the IRFA, the FRFA 
provides a summary of comments submitted by small entities in response 
to the proposed rule and DEA. The purpose of the FRFA is to assist the 
Service in determining the extent to which incremental impacts 
resulting from critical habitat designation may be borne by a 
substantial number of small entities. As discussed in section A.1, the 
FRFA developed two potential estimates of small entities that may be 
affected depending on the pattern of future consultations and the 
extent to which impacts are passed on to small entities. Given the 
breadth of the proposed designation, the number of counties potentially 
affected, and the more than 70,800 small businesses falling within 
these counties, primary data collection efforts on the location of each 
of these businesses and their individual revenues were not feasible and 
outside the scope of this analysis.
    Scenario 1 is based on the estimated number of small entities 
falling within the designation. To derive this estimate, Appendix A of 
the FEA uses best available data on such factors as the size and annual 
sales of businesses in the area, as collected by Dun & Bradstreet. 
These data are available on a county-wide basis. Because counties may 
include areas that are not part of the critical habitat designation, 
the number of small entities within the county is scaled by the 
percentage of the county's population living within the proposed 
critical habitat boundaries. The commenter correctly points out that 
some industries may not correspond to population patterns. For example, 
agricultural, grazing, and mining operations may be located in more 
rural and less populated areas. Exhibit A-3 in the FEA provides a 
summary of all small entities located in the relevant counties, 
including 416 mining operations, 14,402 agricultural operations, and 
1,468 grazing operations. If potential incremental impacts were 
benchmarked against all of these businesses, the estimated impact per 
small entity would be less than $700 per entity, representing less than 
0.01 percent of revenues. Scenario 2 is based on the forecast number of 
consultations, assuming one small entity per consultation except in the 
case of agricultural operations. As the commenter points out, grazing 
consultations also may involve more than one small entity. This comment 
has been addressed in Exhibit A-1 of the FEA.
    As stated in section A.1.1 and Exhibit A-1, the portion of 
administrative costs expected to be borne by Federal and State agencies 
is excluded from impacts considered in this section as well as any 
project modification costs likely to be borne by Federal agencies. For 
example, as noted in Exhibit A-1 of the FEA, impacts associated with 
Federal dam projects are excluded. In total, annualized incremental 
impacts to small entities considered in Appendix A are only 51 percent 
of total incremental impacts estimated in the rest of the report. While 
the commenter believes that the impacts are overstated, they still 
represent less than 0.6 percent of annual revenues under both scenarios 
and for all activities.
    Finally, the small business size standards noted in Exhibit A-2 in 
the FEA are taken directly from the US Small Business Administration 
website (http://www.sba.gov/idc/groups/public/documents/sba_homepage/serv_sstd_tablepdf.pdf). The size standards are used to determine the 
number of businesses that may qualify as small entities under the RFA 
(see, for example, the ``regulated small entities in county'' column in 
Exhibit A-3 of the FEA). The Service recognizes that many small 
businesses may have revenues that fall well below this size standard. 
Therefore, Appendix A uses estimates based on revenue data provided by 
Risk Management Association to refine its revenue estimates (see Row 
[B] in Exhibit A-1 of the FEA).
Water Use
    (1) Comment: Various comment letters expressed concern the 
designation could result in flow management changes which could impact 
agricultural operations. For example, several commenters state the DEA 
fails to take into account negative impacts that could result from 
changes in reservoir operations on the Boise, Payette, and Weiser 
Rivers, which could affect agriculture in this section of Idaho. 
Another commenter expressed concern about the economic impacts 
associated with a loss of irrigation water in Adams County, Idaho. One 
commenter states the DEA should analyze potential future reallocation 
of water rights priorities that may be caused by the designation, and 
any associated costs to the Blackfeet Tribe. On the other hand, a 
commenter states reductions in instream flows are unlikely and there is 
no reason to believe that this will occur on public and private lands.
    Our Response: As discussed in section 4.1, the FEA forecasts 
potential incremental impacts resulting from modifications to 
irrigation diversions across the proposed critical habitat designation. 
As discussed in the 2004 final economic analysis for the Columbia and 
Klamath River DPS final critical habitat designation, the Service, 
USFS, and BLM have indicated that reductions in irrigation to protect 
bull trout critical habitat are unlikely. To date, there have not been 
any section 7 consultations with USFS or BLM where irrigation 
diversions have been altered to benefit bull trout or its critical 
habitat. Because of the large degree of uncertainty as to whether 
consultations regarding irrigation diversions would occur, what volume 
of water might be reallocated to instream flows, and what the primary 
use of the diverted water would be (e.g., crops or pasture irrigation), 
the FEA estimates a range of outcomes. The low end scenario assumes the 
Service would not recommend any changes to irrigation withdrawals, 
while the high end scenario assumes there could be project modification 
costs associated with 10 irrigation diversion projects over the 20-year 
timeframe of the analysis. This estimated range recognizes such

[[Page 63922]]

consultation outcomes are unlikely, but that if a limited number were 
to occur, the impacts on individual operators could be substantial.
    (2) Comment: One commenter questioned the assumption that 
alternative water supplies would be available to replace irrigation 
water that could be reallocated as a result of bull trout critical 
habitat designation. The commenter further suggested it would be better 
to apply a value for lost farm income, assuming that replacement water 
would not be available. The commenter suggested lost farm income should 
be estimated using a value of $100 to $400 per acre depending on the 
type of crops being grown. Also, storage for irrigation could be 
curtailed under the worst case scenario, which could result in a direct 
economic impact of $50 million at $100 per acre, based on the more than 
500,000 acre feet of water stored for diversions in the Boise and 
Payette river systems. Similarly, another commenter stated the DEA 
should estimate the impacts of withdrawn lands taken out of 
agricultural production. One commenter stated there is no extra water 
to attempt any change in the customary operations of their area. 
Finally, a commenter stated Idaho does not have instream flow rights 
laws under their State water law administration.
    Our Response: As discussed in the 2004 final economic analysis for 
the Columbia and Klamath River DPS critical habitat designation, the 
high end scenario forecasted potential changes to instream flows that 
could result from bull trout critical habitat designation. The analysis 
estimated average annual loss in irrigation withdrawals of 2,656 acre-
feet per year per consultation based on three biological opinions 
completed by NOAA Fisheries where instream flows in Washington were 
specified primarily to protect anadromous species. The analysis applied 
an upper-end estimate of water lease values from the Washington State 
Department of Ecology of $127 per acre-foot. Because of uncertainty 
about timing and location, the high end scenario assumed the 
consultations would all occur in the first year of the analysis and the 
costs are spread over all USFS lands within the proposed critical 
habitat. The portion of costs that are incremental was then calculated 
based on the portion of critical habitat unit that is considered 
unoccupied.
    As discussed above, the $127 per acre foot is based on actual 
observed sales of water rights. While these values are based in part on 
purchases, they are reflective of the opportunity cost of foregone 
water use (e.g., the value of crop losses) and are consistent with 
other approaches to valuing water, such as a production function or 
farm budget approach. Accordingly, their use in the analysis is 
consistent with the case where the irrigator loses the use of the usual 
source of water and is unable to purchase water elsewhere (the 
irrigation-related increment to production is lost). The agriculture 
irrigation-related sections of the 2004 final economic analysis were 
reviewed by a technical advisor on agriculture and water resource 
economics, Dr. Joel Hamilton, Emeritus Professor of Agricultural 
Economics and Statistics at the University of Idaho. Dr. Hamilton 
reviewed the analytical methodology and the validity of the results, 
and opined that the value of $127 per acre-foot likely overestimates 
the impacts. Further, we note the use of this figure is consistent with 
the suggested range of $100 to $400 per acre for lost farm income, 
given that in the Pacific Northwest in 2008 roughly 2 acre-feet of 
water are applied to each acre irrigated based on the 2007 Census of 
Agriculture.
    In addition, we note that in areas within the proposed critical 
habitat, water transactions to benefit endangered species have 
occurred. The report titled ``Economics of Water Acquisition Projects'' 
referenced by one of the commenters indicates that Oregon and 
Washington water trusts have recently brokered a number of annual water 
leases for the purpose of augmenting instream flows, and includes 
examples in the Deschutes River Basin. As discussed in this report 
``Agencies, politicians and current right holders seem to concur that 
if water is needed it should be purchased from willing sellers, rather 
than rely on government regulatory powers or taking provisions.'' This 
report also confirms that Oregon, Idaho, and Washington all allow water 
rights to be changed from irrigation to instream flow use.
    Forecast impacts to irrigation do not include curtailing water 
storage in the Boise and Payette river systems. This is not considered 
a reasonably foreseeable outcome of the critical habitat designation. 
Given that there is no basis for assuming the 50,000 acre feet of 
stored water would be affected by the critical habitat designation, we 
determine the suggested direct economic impact of $50 million is not 
applicable.
    (3) Comment: Several commenters were concerned about potential loss 
in tax revenues as well as ripple effects that could result from 
impacts of the designation on agricultural activities. Several comment 
letters suggested regional economic impacts could occur if irrigation 
for agriculture is affected by the critical habitat designation. In 
addition, numerous commenters provided information about the value of 
irrigated agriculture. One commenter indicated any reallocation of 
irrigation diversions would negatively impact the economy in Canyon 
County (Boise City and Treasure Valley), Idaho, and provided 
information on the value of agricultural receipts as $325 million in 
Canyon County. One commenter indicates the total value of irrigated 
agriculture is nearly $1 billion in Kittias, Yakima, and Benton 
Counties (WA). Another commenter was concerned 1 to 10 percent of the 
$1.261 billion direct income to farmers and ranchers in Yakima and 
Klickitat Counties of Washington State will be affected by this 
designation. Another commenter provided data on the estimated gross 
crop revenue of about $12 million within the boundaries of the Middle 
Valley Ditch Corp. in Idaho. One comment stated Black Canyon Irrigation 
District contributed about $60 million dollars from agriculture in Gem, 
Payette, and Canyon Counties in Idaho. Another commenter expressed 
concern that agriculture and related industries will be affected, which 
represent 30 percent of Payette County economy.
    Our Response: Irrigated agriculture is an important industry in the 
vicinity of some bull trout critical habitat units. Chapter 1 of the 
FEA has been expanded to include some discussion of the socioeconomic 
background of the critical habitat areas, including the contribution of 
irrigated agriculture. As stated in section 2.3 of the FEA, the 
analysis focuses on incremental impacts expected to occur after the 
designation of critical habitat is finalized. The basis for assuming 
the entire value of irrigated agriculture in counties that contain 
critical habitat are at risk from the proposed designation of critical 
habitat does not appear to be warranted given the history of bull trout 
management. Similarly, commenters do not provide any justification for 
assuming that 1 percent or 10 percent of these values are at risk due 
to critical habitat.
    Because of the large degree of uncertainty as to whether 
consultations regarding irrigation diversions may occur, what volume of 
water might be reallocated to instream flows, and what the primary use 
of the diverted water would be (e.g., crops or pasture irrigation), the 
FEA estimates a range of outcomes. The low end scenario assumes the 
Service would not recommend any changes to irrigation withdrawals, 
while the high end scenario assumes there could be project

[[Page 63923]]

modification costs associated with 10 irrigation diversion projects 
over the 20-year timeframe of the analysis. This estimated range 
recognizes that such consultation outcomes are unlikely, but that if a 
limited number were to occur, the impacts on individual operators could 
be substantial. Because of the large region across which these impacts 
are spread, however, significant regional impacts of these 
consultations are not anticipated even under the high end scenario. The 
analysis does not model the potential regional economic impacts 
associated with other baseline conservation efforts that may be 
undertaken, which may be much larger in scale. Because baseline costs 
are not solely attributable to the proposed designation, they are 
considered in the FEA primarily for purposes of providing context, 
while the incremental impacts are considered to be of primary 
importance for decision-making purposes.
    (4) Comment: A commenter stated that costs for mitigation of 
projects in the Upper Willamette River Basin should not be considered 
incremental as these costs would be incurred whether or not bull trout 
critical habitat is designated in this area. The commenter further 
disagreed with the assumption in the DEA that one-third of the costs of 
project modifications undertaken by the Bonneville Power Administration 
(BPA) at the Upper Willamette project are related to bull trout.
    Our Response: Estimated incremental costs in the Upper Willamette 
River Basin unit are dominated by project modification costs associated 
with the Willamette River Basin Flood Control Project, including fish 
passage (trap and haul operations and construction of a fish ladder), 
temperature control projects, and bull trout studies. The FEA includes 
discussion of the uncertainties underlying the estimation of 
incremental impacts in the Upper Willamette River critical habitat 
unit, recognizing that some or all of these actions are likely to occur 
even without critical habitat designation. The specific extent to which 
project modification costs for the Willamette Project will increase as 
a result of this designation is unclear; this distinction is 
particularly complex because most of the proposed area on the Upper 
Willamettte was designated as critical habitat in 2005. It is feasible 
that some of the planned future actions would not have been undertaken 
but for bull trout critical habitat designation. As such, section 4 of 
the analysis uses the best available information and methods to 
estimate potential incremental impacts.
    (5) Comment: Several comment letters expressed concern the DEA does 
not appear to consider impacts to hydroelectric projects. In 
particular, one commenter expressed concern about impacts to the Flint 
Creek Hydroelectric project, which is in the final stages of licensing 
with the Federal Energy Regulatory Commission (FERC). This commenter 
stated the DEA does not mention impacts to the Flint Creek 
hydroelectric project, which the commenter maintained would be greater 
than the incremental annualized costs for the entire Clark Fork CHU. 
Other commenters expressed concern the critical habitat designation 
could increase the costs to hydropower users and their customers. One 
commenter stated the Energy Impact Analysis does not adequately address 
the impacts of the rule on energy production, distribution, or 
marketing.
    Our Response: The FEA considers whether the proposed critical 
habitat would impact hydropower projects. As stated in Chapter 4 of the 
FEA, incremental conservation costs associated with hydropower projects 
are estimated to be $2.12 to $2.52 million (annualized at 7 percent). 
Detailed information regarding the potential impacts to these projects 
are provided in section 4.2.6 of the 2004 final economic analysis of 
the Columbia and Klamath DPS final critical habitat designations as 
well as section 3.4.1 of the 2005 final economic analysis of the 
Coastal-Puget Sound, Jarbidge River, and Saint Mary-Belly DPS final 
critical habitat designation. As appropriate, these impacts have been 
allocated to the new proposed critical habitat units. As noted in the 
FEA, substantial impacts to hydropower production are anticipated under 
the baseline for this analysis. The commenter is correct that the 
economic analysis does not forecast any incremental conservation costs 
associated with the Flint Creek Hydroelectric Project. In a letter 
dated March 26, 2010, from the Service to FERC, the Service concurred 
with the determination that the project is not likely to adversely 
affect bull trout or modify its proposed critical habitat. Additional 
conservation efforts are not expected to be undertaken as a result of 
bull trout critical habitat. Therefore, the only incremental impacts 
related to this project are administrative costs which have been 
accounted for in the forecast consultation efforts discussed in Chapter 
5 of the FEA. The Energy Impact Analysis has been revised to more 
clearly identify incremental impacts of critical habitat designation 
for bull trout on energy production, distribution, and marketing. In 
addition, the Energy Impact Analysis now also recognizes the more 
substantial potential impacts on hydropower production expected under 
the baseline.
    (6) Comment: Several comment letters expressed concern that the DEA 
does not appear to consider impacts to municipal water systems and 
users. In particular, a commenter expressed concern that the 
designation of Buck Creek will have significant cost impacts for the 
City of White Salmon municipal water system and its residents and small 
businesses. Another commenter was concerned about potential negative 
impacts on the potential loss of water to cities and industrial users 
from changes to reservoir operations on the Boise, Payette, and Weiser 
Rivers.
    Our Response: In developing the DEA, we considered whether impacts 
to municipal water systems are likely to result from critical habitat 
designation for bull trout. Specifically, section 3.4 of the 2004 final 
economic analysis for the Columbia and Klamath DPS final critical 
habitat designation included discussion of the potential for 
consultations for bull trout involving water system improvements. Based 
on the section 7 consultation history, there have not been project 
modifications or formal consultations for this type of activity. As 
such, the 2004 economic analysis forecasted only informal consultations 
for water treatment system improvement, and no project modifications 
associated with bull trout or bull trout critical habitat were 
expected. Based on the findings of this previous analysis, and current 
research regarding newly proposed critical habitat areas, we determined 
incremental impacts to municipal water systems were not reasonably 
foreseeable; thus, conservation costs associated with this type of 
activity were not forecast in the FEA.
    (7) Comment: One commenter was concerned that any changes to BOR's 
Klamath Project would have significant economic impacts, which was not 
addressed in the DEA.
    Our Response: As discussed in responses to comments on the earlier 
economic analysis published in the Federal Register on September 26, 
2005 (70 FR 56222), BOR staff were contacted and consulted on the 
likelihood of projects requiring section 7 consultation, as described 
in section 4.2.4 in the final economic analysis of the Columbia and 
Klamath DPS final critical habitat designation. When contacted, BOR 
staff in Klamath Falls stated no significant consultation activity 
concerning bull trout was anticipated. As a result, the analysis

[[Page 63924]]

assumes impacts resulting from designation of bull trout critical 
habitat are not reasonably foreseeable for a BOR project on Agency Lake 
Ranch. Further, as stated in the 2010 final economic analysis, because 
Unit 9 (Klamath River) is included in proposed critical habitat for the 
Lost River sucker and shortnose sucker, action agencies have been 
conferencing with the Service on federally funded activities in this 
area for the past 15 years. In most instances we do not anticipate we 
would ask for or require any modifications above or beyond those 
measures already in place for the protection of the two sucker species. 
We therefore do not expect any changes other than increased 
administrative costs to address bull trout critical habitat in that 
unit.
Other Economics-Related Comments
    (1) Comment: Several commenters were concerned the critical habitat 
designation may limit the availability of grazing lands. For example, 
one commenter noted that, if timing restrictions were imposed on when 
allotments could be grazed, it could negatively impact the viability of 
their grazing lands. Other commenters stated the DEA failed to consider 
the potential costs of fencing grazing allotments, noting that fencing 
on permitted allotments would cost $4,000 per acre with additional 
costs related to weed control, fence repairs, livestock water 
installations, and maintenance costs.
    Our Response: The FEA considers potential impacts to grazing 
activities on lands managed by the BLM and the USFS. Specifically, it 
estimates the potential costs of monitoring, fencing, and off-stream 
watering requirements, and then forecasts the number of grazing 
projects per year that are likely to be asked to undertake these 
requirements, both under the baseline and incrementally due to critical 
habitat. For BLM lands, the analysis forecasts that three grazing 
projects per year will undertake these project modifications across the 
designation. For USFS lands, the analysis forecasts that two grazing 
projects per year will undertake project modifications. Estimated costs 
per grazing consultation are based on a review of the suggested project 
modifications in past bull trout section 7 consultations, and on 
information obtained from BLM and USFS representatives on the 
likelihood that future consultations will be similar in scope and cost.
    We recognize that restricting the timing of grazing activities 
would effectively reduce the allowable grazing levels on Federal lands, 
and have the potential to impact associated private land values. 
However, in most cases the FEA does not anticipate timing restrictions 
on grazing activities or limits on allowable grazing levels as a result 
of critical habitat for bull trout.
    (2) Comment: One commenter stated the project modification costs 
associated with the Blue Bridge pipeline project are overstated because 
they assume pipeline crossings will be through streams rather than 
employing directional boring to avoid conservation costs associated 
with critical habitat.
    Our Response: As discussed section 4.2.2 of the FEA, the Blue 
Bridge pipeline is expected to cross several streams in the proposed 
critical habitat; however, specific future project modifications 
associated with that project are currently unknown. The FEA 
incorporates assumptions from the 2005 final economic analysis for the 
Coastal-Puget Sound, Jarbidge River, and Saint Mary-Belly DPS final 
critical habitat designation that conservation activities associated 
with pipelines include techniques to avoid or minimize impacts to water 
quality, including directional drilling.

Summary of Changes from the 2005 Rule

    This final rule differs from the September 26, 2005, final critical 
habitat designation for bull trout (70 FR 56212) in the following ways:
    (1) In the 2005 final rule, we designated approximately 6,161 km 
(3,828 mi) of streams and 57,9578 ha (143,218 ac) of lakes in Idaho, 
Montana, Oregon, and Washington; and 1,585 km (985 mi) of shoreline 
paralleling marine habitat in Washington as critical habitat (70 FR 
56212). No critical habitat was designated in the Jarbidge River basin 
(70 FR 56249-56251). In this rule, we are designating 31,750.8 km 
(19,729.0 mi) of streams (which includes 1,213.2 km (754.0 mi) of 
marine shoreline in the Olympic Peninsula and Puget Sound, and which 
includes 245.2 km (152.4 mi) of streams in the Jarbidge River basin), 
and are designating a total of 197,589.2 ha (488,251.7 ac) of 
reservoirs and lakes.

    (2) In the 2005 final rule, we did not designate any unoccupied 
critical habitat because the Secretary concluded that it was not 
possible to make a determination that such lands were essential to the 
conservation of the species (70 FR 56232, September 26, 2005). In this 
rule, we are designating 1,323.7 km (822.5 mi) of streams and 6,758.8 
ha (16,701.3 ac) of reservoirs and lakes (4.2 percent of the total 
designation) that are outside the geographical area occupied by the 
species at the time it was listed that have been determined to be 
essential for the conservation of the species.
    (3) A small proportion of critical habitat designated in the 2005 
final rule is not designated as critical habitat in this revision. 
These areas include streams and lakes determined either not to include 
bull trout or any of their PCEs, or not to be essential to their 
conservation. For example, Sycan Marsh in the Klamath River basin no 
longer holds enough water to support bull trout, so we are designating 
the stream channels through the marsh as critical habitat, allowing 
connectivity among populations, instead of the entire marsh. Critical 
habitat included in this rule that was not designated in the 2005 final 
rule include streams and lakes since determined to be occupied by bull 
trout, and areas that provide one or more PCEs and are essential to 
bull trout conservation. For example, the mainstem Columbia River and 
the lower portions of connecting tributaries such as the John Day River 
have been found to be more important for FMO habitat for bull trout 
than was previously understood. All areas known to contain the most 
important bull trout habitat and PCEs, or that may be unoccupied but 
essential to their conservation, are designated in this rule.
    (4) In the 2005 rule, a variety of areas were exempted from 
critical habitat designation under section 4(a)(3) of the Act or 
excluded from designation as critical habitat under section 4(b)(2) of 
the Act (70 FR 56232). These areas included lands subject to Federal 
management plans (such as PACFISH, INFISH, Northwest Forest Plan, and 
Federal Columbia River Power System). Federal agencies have an 
independent responsibility under section 7(a)(1) of the Act to use 
their programs in furtherance of the Act and to utilize their 
authorities to carry out programs for the conservation of endangered 
and threatened species. We consider the development and implementation 
of land management plans by Federal agencies to be consistent with this 
statutory obligation under section 7(a)(1) of the Act. Owners of non-
Federal lands, by contrast, are not obliged to undertake such 
conservation programs, so to the

[[Page 63925]]

extent that excluding such lands under section 4(b)(2) provides an 
incentive to conserve listed species, exclusion may benefit the species 
to a degree that exclusion of Federal lands would not. Therefore, 
Federal land management plans, in and of themselves, are generally not 
an appropriate basis for excluding essential habitat. In areas where 
Federal land management agencies actively manage for bull trout and its 
habitat, conduct specific conservation actions for the species at a 
level comparable to critical habitat designation, provide assurances 
that a plan will remain in effect for a relevant period of time, and 
show that a disproportionate impact would result from the designation, 
exclusion under section 4(b)(2) of the Act may be appropriately 
considered by the Secretary. In the 2010 proposed rule (75 FR 2269, 
January 14, 2010), we requested comments and specific information 
regarding any conservation actions that Federal land management 
agencies have or are currently implementing on their lands, and we took 
this information into account when conducting our exclusion analysis. 
(Please see in particular Federal Agency Comments, Bureau of Land 
Management and U.S. Forest Service comment 1, above.)
     The primary benefit of including an area within critical habitat 
designation is the protection provided by section 7(a)(2) of the Act 
that directs Federal agencies to ensure that their actions do not 
result in the destruction or adverse modification of critical habitat. 
The benefit of designating critical habitat is limited if the areas 
under consideration occur on private lands for which there may not be a 
Federal nexus to invoke the protections of section 7(a)(2) of the Act. 
However, Federal lands, by default, have a Federal nexus, and the 
intent of section 7 of the Act is to require Federal agencies to 
consult on any action authorized, funded, or carried out by such agency 
to ensure that the action will not jeopardize a listed species or 
destroy or adversely modify its critical habitat. In addition, section 
7(a)(1) of the Act states, in part, ``Federal agencies shall, in 
consultation with and with the assistance of the Secretary, utilize 
their authorities in furtherance of the purposes of this Act by 
carrying out programs for the conservation of endangered and threatened 
species.'' Therefore, the benefits of inclusion of these areas are 
greater because they are Federal lands.
     We were unable to determine that the Federal management plans and 
guidance documents provide a conservation benefit for bull trout 
comparable to critical habitat designation, or that designation of 
critical habitat on Federal lands would present a disproportionate 
economic or other relevant impact. These plans typically guide agency 
activities, and provide some level of conservation benefit in occupied 
bull trout habitat areas, but are fluid documents that may or may not 
be revised, based on resource availability, management emphasis, and 
changes in management direction to respond to changing agency 
priorities. The Secretary has elected not to exercise his discretion 
under section 4(b)(2) of the Act to exclude Federal lands from this 
revised critical habitat designation. However, we are committed to 
working efficiently and proactively with our federal partners to 
address their program administration needs, in light of the 
conservation needs of bull trout.
    (5) Two economic analyses related to previous bull trout critical 
habitat proposed rules were prepared in 2004 and 2005, which followed a 
co-extensive analytical approach, consistent with recent court rulings. 
Those analyses considered conservation and protection activities for 
bull trout, without distinguishing between impacts associated with 
listing the species and those associated with the designation of 
critical habitat. The economic analysis prepared for this rule does not 
follow the coextensive analytical approach, and differentiates between 
baseline and incremental economic impacts. Under this approach, because 
of the conservation measures already in place for salmon, steelhead, 
the Klamath suckers, and other protected fish species, our analysis 
indicates that the incremental economic impact in areas occupied by 
bull trout will be small, and the most significant incremental effect 
will be in those areas not currently occupied (less than four percent 
of the areas being proposed as critical habitat). The majority of 
forecast incremental costs are associated with unoccupied critical 
habitat in the Upper Willamette River Basin and are associated with 
conservation efforts undertaken at flood control facilities. The 
discussion under Exclusions Based on Economic Impacts (below) provides 
additional information in this regard.
    Copies of the previous proposed and final bull trout critical 
habitat rules and a map showing the relationship of the 2005 final rule 
and this final rule are available on the Idaho Fish and Wildlife Office 
web site at http://www.fws.gov/pacific/bulltrout.


Summary of Changes from the Proposed Rule

    We are designating a total of 31,750.8 km (19,729.0 mi) of streams 
(which includes 1,213.2 km (754.0 mi) of marine shoreline. We are also 
designating a total of 197,589.2 ha (488,251.7 ac) of reservoirs and 
lakes. We received many site-specific comments related to essential 
habitat areas, completed our analysis of habitats to be excluded under 
section 4(b)(2) of the Act, applied our criteria for identifying 
critical habitat across the range of the bull trout to refine the 
designation in this final rule, and completed the final economic 
analysis (FEA). These changes from the proposed rule are identified 
below:
    (1) We refined our understanding of which areas contain the 
physical or biological features essential to the conservation of the 
species based on comments from peer reviewers, States, Tribes, Federal 
agencies, and the public. This improved information is reflected in 
this final designation, and is characterized as many small adjustments 
to waterbody segments based on site-specific information received 
during the public comment period. In some cases, proposed critical 
habitat areas were expanded and in other cases, proposed critical 
habitat areas were reduced, based on comments and information received 
in response to the proposed rule, and our evaluation of this new 
information, which led us to refine our designation. In some cases we 
extended the designation upstream into some tributary streams that we 
determined were essential for the conservation of the bull trout, 
because they contained the PCEs and meet our selection criteria for 
inclusion in critical habitat. Each of the areas affected by a critical 
habitat boundary expansion is essential to the conservation of the 
species and consistent with the criteria outlined in the Critical 
Habitat Methods section below. In other cases, we did not designate 
some streams that were proposed as critical habitat, based on site 
specific biological information that

[[Page 63926]]

these areas did not contain the PCEs and did not meet the selection 
criteria for inclusion in critical habitat. Our response to Public 
Comment (6) provides an example of one such area. Documentation 
reflecting the outcome of that analysis for each area is available at 
http://www.fws.gov/pacific/bulltrout/.
    (2) We finalized our exclusion analysis under section 4(b)(2) of 
the Act. Approximately 3,094.9 km (1,923.1 mi) of streams, which 
includes 348 km (216.3 mi) of marine shoreline, and 7,849.3 ha 
(19,395.8 ac) of reservoirs and lakes were excluded from the final 
critical habitat designation based on this analysis. This represents 
approximately 13 percent of streams and 8.5 percent of reservoirs and 
lakes that are being excluded from what was proposed. See the 
Exclusions section, below, for more information.
    (3) We revised certain language, including the PCEs, to respond to 
peer review comments and to clarify our intent.
    (4) We updated the references cited in light of new information 
received in response to the proposed rule.
    (5) We finalized our economic analysis based on comments received 
in response to the proposed rule. The Secretary did not exert his 
discretion under section 4(b)(2) of the Act to exclude any particular 
areas from the designation on the basis of economic impacts.
    (6) During the mapping process, there was an inadvertent error made 
in Unit 20 (Powder River), in which one of the GIS layers was omitted 
from the map for that unit. As a result, Phillips Reservoir was not 
shown on the map published in the proposed revision to bull trout 
critical habitat (75 FR 2270, January 14, 2010). However, the impounded 
streams within the reservoir boundary were shown, and the proposed rule 
stated that ``the lateral extent of critical habitat in lakes is 
defined by the perimeter of the waterbody as mapped on standard 
1:24,000 scale topographic maps'' (75 FR 2283). We also received 
several comment letters recommending that the reservoir be either 
excluded or designated as critical habitat, including comments from the 
Bureau of Reclamation that requested a better definition of the ``bank 
of Phillips Reservoir''. These comments drew our attention to the 
mapping error, but affirm the assumption that commenters understood the 
reservoir was intended to be proposed as critical habitat. We are 
correcting this mapping error and omission in this final rule, and 
designating Phillips Reservoir as critical habitat.

Critical Habitat

Background

    Critical habitat is defined in section 3 of the Act as:
    (1) The specific areas within the geographical area occupied by the 
species, at the time it is listed in accordance with the Act, on which 
are found those physical or biological features
    (a) Essential to the conservation of the species, and
    (b) Which may require special management considerations or 
protection; and
    (2) Specific areas outside the geographical area occupied by the 
species at the time it is listed, upon a determination such areas are 
essential for the conservation of the species.
    Conservation, as defined under section 3 of the Act, means to use 
and the use of all methods and procedures that are necessary to bring 
an endangered or threatened species to the point at which the measures 
provided pursuant to the Act are no longer necessary. Such methods and 
procedures include, but are not limited to, all activities associated 
with scientific resources management such as research, census, law 
enforcement, habitat acquisition and maintenance, propagation, live 
trapping, and transplantation, and, in the extraordinary case where 
population pressures within a given ecosystem cannot be otherwise 
relieved, may include regulated taking.
    Critical habitat receives protection under section 7 of the Act 
through the prohibition against Federal agencies carrying out, funding, 
or authorizing the destruction or adverse modification of critical 
habitat. In this rule, critical habitat is defined as the bed and banks 
of waterbodies, but actions that may destroy critical habitat could 
occur on lands adjacent to waterbodies, and, therefore, would be 
subject to regulation under this rule. Section 7(a)(2) of the Act 
requires consultation on Federal actions that may affect critical 
habitat. The designation of critical habitat does not affect land 
ownership or establish a refuge, wilderness, reserve, preserve, or 
other conservation area. Such designation does not allow the government 
or public to access private lands. Such designation does not require 
implementation of restoration, recovery, or enhancement measures by 
non-Federal landowners. Where a landowner seeks or requests Federal 
agency funding or authorization for an action that may affect a listed 
species or critical habitat, the consultation requirements of section 
7(a)(2) of the Act would apply, but even in the event of a destruction 
or adverse modification finding, the Federal action agency's and the 
applicant's obligation is not to restore or recover the species, but to 
implement reasonable and prudent alternatives to avoid destruction or 
adverse modification of critical habitat.
    For inclusion in a critical habitat designation, the habitat within 
the geographical area occupied by the species at the time it was listed 
must contain the physical and biological features essential to the 
conservation of the species, and be included only if those features may 
require special management considerations or protection. 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 (areas on which are found the 
physical or biological features laid out in the appropriate quantity 
and spatial arrangement for the conservation of the species). Under the 
Act and regulations at 50 CFR 424.12, we can designate critical habitat 
in areas outside the geographical area occupied by the species at the 
time it is listed only when we determine those areas are essential for 
the conservation of the species and that designation limited to those 
areas occupied at the time of listing would be inadequate to ensure the 
conservation of the species. When the best available scientific data do 
not demonstrate that the conservation needs of the species require such 
additional areas, we will not designate critical habitat in areas 
outside the geographical area occupied by the species at the time of 
listing. An area currently occupied by the species but that was not 
occupied at the time of listing may, however, be essential to the 
conservation of the species and may be included in the critical habitat 
designation.
    Section 4 of the Act requires that we designate critical habitat on 
the basis of the best scientific and commercial data available. 
Further, our Policy on Information Standards Under the Endangered 
Species Act (published in the Federal Register on July 1, 1994 (59 FR 
34271)), the Information Quality Act (section 515 of the Treasury and 
General Government Appropriations Act for Fiscal Year 2001 (Pub. L. 
106-554; H.R. 5658)), and our associated Information Quality Guidelines 
provide criteria, establish procedures, and provide guidance to ensure 
that our decisions are based on the best scientific data available. 
They require our biologists, to the extent consistent with the Act and 
with the use of the best scientific data available, to use primary and 
original

[[Page 63927]]

sources of information as the basis for recommendations to designate 
critical habitat.
    When we are determining which areas should be designated as 
critical habitat, our primary source of information is generally the 
information developed during the listing process for the species. 
Additional information sources may include the recovery plan for the 
species, articles in peer-reviewed journals, conservation plans 
developed by States and counties, scientific status surveys and 
studies, biological assessments, or other unpublished materials and 
expert opinion or personal knowledge. Substantive comments received in 
response to proposed critical habitat designations are also considered.
    Habitat is often dynamic, and species may move from one area to 
another over time. Furthermore, we recognize that critical habitat 
designated at a particular point in time may not include all of the 
habitat areas that we may later determine are necessary for the 
recovery of the species. For these reasons, a critical habitat 
designation does not signal habitat outside the designated area is 
unimportant or may not be required for recovery of the species.

Relationship of Critical Habitat to Recovery Planning

    Areas that are important to the conservation of the species, but 
are outside the critical habitat designation, will continue to be 
subject to conservation actions we implement under section 7(a)(1) of 
the Act. Areas that support populations are also subject to the 
regulatory protections afforded by the section 7(a)(2) jeopardy 
standard, as determined on the basis of the best available scientific 
information at the time of the agency action. Federally funded or 
permitted 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, HCPs, or 
other species conservation planning efforts if new information 
available at the time of these planning efforts calls for a different 
outcome.
    In developing this final rule, we considered the conservation 
relationship between critical habitat and recovery planning. Although 
recovery plans formulate the recovery strategy for a species, they are 
not regulatory documents, and there are no specific protections, 
prohibitions, or requirements afforded a species based solely on a 
recovery plan. Furthermore, although critical habitat designation can 
contribute to the overall recovery strategy for a species, it does not, 
by itself, achieve recovery plan goals.
    In its 5-year review (Service 2008, p. 45), the Service 
recommended, in part, that recovery units from the 2002 draft recovery 
plan be updated for bull trout throughout their range (Service 2002), 
based on assemblages of bull trout core areas (metapopulations or 
interacting breeding populations) that retain genetic and ecological 
integrity and are significant to the distribution of bull trout 
throughout the coterminous United States. To complete the recovery unit 
update, we consulted with biologists from States, Federal agencies, and 
Native American Tribes, using the best scientific information 
available. Factors considered in determining the geographic arrangement 
of the updated recovery units included ensuring (1) resiliency of the 
species by protecting large areas of high quality habitat; (2) 
redundancy by protecting multiple populations; and (3) representation 
by protecting diverse genetic and life-history aspects of bull trout 
populations distributed throughout the range of the listed entity (Tear 
et al. 2005, p. 841).
    Bull trout are listed under the Act as threatened throughout the 
coterminous United States, primarily due to habitat threats. The 
Service concluded in its 5-year review (Service 2008, p. 9) that the 
number of distinct population segments (DPSs) should be reevaluated, 
and that consideration should be given to reclassifying bull trout into 
separate DPSs. Six draft recovery units (RUs) were subsequently 
identified. Each of the six RUs was evaluated, and confirmed to be 
needed to ensure a resilient, redundant, and representative 
distribution of bull trout populations throughout the range of the 
listed entity. To accomplish these goals, protection of large areas of 
high-quality habitat, multiple populations, and diverse genetic and 
life-history aspects will be required.
    The six draft RUs identified for bull trout in the coterminous 
United States include: Mid-Columbia recovery unit; Saint Mary recovery 
unit; Columbia Headwaters recovery unit; Coastal recovery unit; Klamath 
recovery unit; and Upper Snake recovery unit (Figure 1). Conserving 
each RU is essential to conserving the listed entity as a whole. These 
six new biologically based RUs will be proposed to replace the 27 
recovery units previously identified in the bull trout draft recovery 
plan (Service 2002, Chapter 1, p. 3), and comments will be solicited 
once the draft recovery plan is ready for public participation and 
comment.
BILLING CODE 4310-55-S

[[Page 63928]]

[GRAPHIC] [TIFF OMITTED] TR18OC10.000

BILLING CODE 4310-55-C

Methods

    As required by section 4(b)(2) of the Act, we used the best 
scientific data available in determining areas that contain the 
features essential to the conservation of the bull trout. Data sources 
included research published in peer-reviewed articles and previous 
Service documents on the species. Additionally, we utilized regional 
Geographic Information System (GIS) shape files for area calculations 
and mapping.

Primary Constituent Elements

    In accordance with section 3(5)(A)(i) of the Act and regulations at 
50 CFR 424.12(b), in determining which areas occupied at the time of 
listing to propose as critical habitat, we consider the physical or 
biological features

[[Page 63929]]

essential to the conservation of the species and that may require 
special management considerations or protection. These features are the 
PCEs laid out in the appropriate quantity and spatial arrangement for 
conservation of the species. These include, but are not limited to:
    (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 (or development) 
of offspring; and
    (5) Habitats that are protected from disturbance or are 
representative of the historical, geographical, and ecological 
distributions of a species.
    A detailed discussion of each of these five life-history needs of 
the bull trout follows.
Space for Individual and Population Growth and for Normal Behavior
    Bull trout exhibit a number of life-history strategies. Stream-
resident bull trout complete their entire life cycle in the tributary 
streams where they spawn and rear. Migratory bull trout spawn in 
tributary streams. Juvenile fish from migratory populations usually 
rear from 1 to 4 years in natal streams before migrating (typically 
downstream) to either a larger river (fluvial form) or lake (adfluvial 
form) where they spend their adult life, returning to the tributary 
stream to spawn (Fraley and Shepard 1989, p. 133). These migratory 
forms occur in areas where conditions allow for movement from upper 
watershed spawning streams to larger waters that contain greater 
foraging opportunities (Dunham and Rieman 1999, p. 646). Resident and 
migratory forms may be found together, and either form can produce 
resident or migratory offspring (Rieman and McIntyre 1993, p. 2). Where 
ocean environments are accessible, bull trout may also migrate to and 
from salt water (amphidromy).
    The ability to migrate is important to the persistence of bull 
trout local populations (Rieman and McIntyre 1993, p. 2; Gilpin 1997, 
p. 4; Rieman and Clayton 1997, p. 6; Rieman et al. 1997, p. 1121). Bull 
trout of a variety of life stages rely on foraging, migration, and 
overwintering (FMO) habitat to complete extensive and important parts 
of their life cycle (Homel and Budy 2008, p. 875; Monnot et al. 2008, 
pp. 235-237). Juvenile and adult resident bull trout inhabit the 
spawning and rearing areas year round. Some adult migratory forms 
inhabit spawning and rearing habitat after spawning into the early 
winter and can arrive in early summer to hold prior to spawning 
(Mulhfeld et al 2005, p. 801; Kellyringel and DeLaVergne 2010, p. 16), 
and subadults or alternate year migratory spawning adults may inhabit 
mid to lower river migratory corridors year round. Habitat complexity 
including deep pools and cover appear to be important habitat 
components in areas of both spawning and rearing and migration (Monnet 
et al. 2008, pp. 235-237; Al-Chokhachy et al. 2010, pp. 469-472).
    Migratory bull trout become much larger than resident fish, 
benefiting from the more productive waters of larger streams, lakes, 
and marine habitats, consequently leading to increased reproductive 
potential. Stream-resident populations are associated with headwater 
streams in mountainous regions where year-round cold water and velocity 
or other movement barriers are common. Typically, these streams are 
smaller and have higher gradients than those occupied by adfluvial and 
fluvial populations. In these headwater streams, resident bull trout 
are associated with deep pools and instream cover, and stream-resident 
individuals are typically small (McPhail and Baxter 1996, p. 12; Mullan 
et al. 1992, p. K-413). The use of migration habitat by bull trout can 
also increase potential for dispersion, facilitating gene flow among 
local populations (interbreeding groups) when individuals from 
different local populations interbreed, stray, or return to nonnatal 
streams. Importantly, local populations that have been extirpated by 
catastrophic events may become reestablished because of movements by 
bull trout through migration habitat (Rieman and McIntyre 1993, p. 7; 
MBTSG 1998, p. 45).
    Lakes and reservoirs also figure prominently in meeting the life-
cycle requirements of bull trout. For adfluvial (migrating between 
lakes and rivers or streams) bull trout populations, lakes and 
reservoirs provide an important component of the core FMO habitat and 
are integral to maintaining the adfluvial life-history strategy that is 
commonly exhibited by bull trout. When juvenile bull trout emigrate to 
a lake or reservoir from spawning and rearing streams, they enter a 
more productive lentic (still or slow-moving water) environment that 
allows them to achieve rapid growth and energy storage.
    Some reservoirs may have adversely affected bull trout, while 
others have provided benefits, and some may cause both benefits and 
impacts. For example, the basin of Hungry Horse Reservoir has 
functioned adequately for 50 years as a surrogate home for stranded 
Flathead Lake bull trout trapped upstream of the dam when it was 
completed. While this is an artificial impoundment, the habitat the 
reservoir provides and the presence of an enhanced prey base of native 
minnows, suckers, and whitefish within the reservoir sustain a large 
adfluvial bull trout population. Additionally, while barriers to 
migration are often viewed as a negative consequence of dams, the 
connectivity barrier at Hungry Horse Dam has served an important, 
albeit unintended, function in restricting the proliferation of 
nonnative Salvelinus species (including brook trout (Salvelinus 
fontinalis) and lake trout (Salvelinus namaycush)) upstream above the 
dam. Reservoir fluctuations may or may not harm bull trout populations 
at Hungry Horse Reservoir; site-specific information would best inform 
a determination of such effects. Instream flow analyses downstream of 
Hungry Horse Reservoir, which have used site-specific habitat 
suitability criteria, have shown that amount and duration of important 
bull trout habitats were greatly reduced following the installation of 
Hungry Horse Dam in 1952 (Miller et al. 2003, p. 60; Muhlfeld et al. 
2010, p. 40).
    Marine nearshore habitats have similar importance for the 
amphidromous (migrating between marine waters and river or streams) 
bull trout populations. These marine habitats and the associated 
nonnatal river systems used by amphidromous bull trout are integral to 
maintaining this life-history strategy. Similar to lakes and 
reservoirs, these areas provide highly productive foraging habitat as 
well as stable overwintering habitat.
Food, Water, Air, Light, Minerals, or Other Nutritional or 
Physiological Requirements
    Bull trout are opportunistic feeders that prey upon other 
organisms. Prey selection is primarily a function of size and life-
history strategy. Resident and juvenile migratory bull trout prey on 
terrestrial and aquatic insects, macro-zooplankton, and small fish 
(Donald and Alger 1993, p. 244; McPhail and Baxter 1996, p. 15). Adult 
migratory bull trout feed almost exclusively on other fish (Rieman and 
McIntyre 1993, p. 3). Habitat must provide the necessary aquatic and 
adjacent terrestrial conditions to harbor and maintain prey species in 
sufficient quantity and diversity to meet the physiological 
requirements necessary to maintain bull trout populations. Therefore, 
an abundant food base, including a broad array of terrestrial organisms 
of riparian origin, aquatic macroinvertebrates, and/

[[Page 63930]]

or forage fish, supports individual and population growth and allows 
for normal bull trout behavior.
Cover or Shelter
    At all life stages, bull trout require complex forms of cover, 
including large woody debris, undercut banks, boulders, and pools 
(Fraley and Shepard 1989, pp. 137-138; Watson and Hillman 1997, p. 
249). Many of these habitat features are dependent on watershed 
conditions as a whole (Howell 2010, pers.com). Juveniles and adults 
frequently inhabit side channels, stream margins, and pools with 
suitable cover (Sexauer and James 1997, p. 368). McPhail and Baxter 
(1996, p. 11) reported newly emerged fry are secretive and hide in 
gravel along stream edges and side channels. They also reported 
juveniles are found mainly in pools but also in riffles and runs, 
maintain focal sites near the bottom, and are strongly associated with 
instream cover, particularly overhead cover such as woody debris or 
riparian vegetation. Undercut banks and coarse substrates provide cover 
and overwinter habitat for juvenile bull trout (peer review comments, 
R. Thurow 2010, p. 1). All life-history stages of bull trout have been 
observed overwintering in deep beaver ponds or pools containing large 
woody debris (Jakober 1995, p. 90). 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 logs or cover debris 
(Fraley and Shepard 1989, p. 137). Bull trout may also use lotic 
(swift-flowing water) and in some cases saltwater environments 
seasonally for reasons that include use as cover. In conclusion, 
riparian vegetation; large wood; variable stream channel morphology 
including deep pools, side-channels, undercut banks and substrates; and 
in some cases access to downstream environments provide cover and 
shelter, which support individual and population growth and allow for 
normal bull trout behavior.
Sites for Breeding, Reproduction, or Rearing (or Development) of 
Offspring
    Bull trout have more specific habitat requirements than most other 
salmonids (Rieman and McIntyre 1993, p. 4). Habitat components that 
particularly influence their distribution and abundance include water 
temperature, cover, channel form, spawning and rearing substrate 
conditions, and migration habitat (Fraley and Shepard 1989, p. 138; 
Goetz 1989, p. 19; Watson and Hillman 1997, p. 247).
    Relatively cold water temperatures are characteristic of bull trout 
habitat. Water temperatures above 15 [deg]Celsius (C) (59 
[deg]Fahrenheit (F)), while not lethal, are believed to limit bull 
trout juvenile distribution (Fraley and Shepard 1989, p. 138). Although 
adults have been observed in large rivers throughout the Columbia River 
basin in water temperatures up to 20 [deg]C (68 [deg]F), steady and 
substantial declines in abundance have been documented in stream 
reaches where water temperature ranged from 15 to 20 [deg]C (59 to 68 
[deg]F) Gamett (2002, pp. 30-32) .
    Watson and Hillman (1997, p. 248) concluded watersheds must have 
specific physical characteristics to provide the necessary habitat 
requirements for bull trout spawning and rearing, and that these 
characteristics are not 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, p. 133). Bull trout typically spawn in a narrow time 
window of a couple weeks during periods of decreasing water 
temperatures, but spawning ranges from August to November depending on 
local conditions (Swanberg 1997, p. 735). However, migratory forms are 
known to begin spawning migrations as early as April and to move 
upstream as much as 250 km (155 mi) to spawning areas (Fraley and 
Shepard 1989 p. 138; Swanberg 1997, p. 735).
    Fraley and Shepard (1989, p. 137) reported the initiation of 
spawning by bull trout in the Flathead River system appeared to be 
related to water temperature, with spawning generally initiated when 
water temperatures dropped below 10 [deg]C (50 [deg]F). Goetz (1989, 
pp. 22-32) reported a spawning temperature range from 4 to 10 [deg]C 
(39 to 50 [deg]F), but the range could be wider in some areas (Howell 
et al. 2010, p. 102). Selection of spawning habitat by bull trout is 
also influenced across multiple spatial scales by hyporheic flow 
(Baxter and Hauer 2000, p. 1476), defined as a mixing of shallow 
groundwater and surface water beneath and lateral to a stream bed. 
Hyporheic flow is influenced by geomorphic complexity of the streambed 
and recognized to be important for surface water/groundwater 
interaction. Spawning areas are often associated with cold-water 
springs, glacial and snow melt, or groundwater upwelling (Rieman et al. 
1997, p. 1121; Baxter et al. 1999, p. 137). Fraley and Shepard (1989, 
p. 137) also found groundwater influence and proximity to cover are 
important factors influencing spawning site selection. They reported 
the combination of relatively specific requirements resulted in a 
restricted spawning distribution in relation to available stream 
habitat. While bull trout are critically dependent on large, cold-water 
habitats, individuals can range widely through stream networks and use 
habitat that may have limited amounts of cold-water refuge (Dunham 
2010, pers.com).
    Depending on water temperature, egg incubation is normally 100 to 
145 days (Pratt 1992, p. 5). Water temperatures of 1.2 to 5.4 [deg]C 
(34.2 to 41.7 [deg]F) have been reported for incubation, with an 
optimum (best embryo survivorship) temperature reported to be from 2 to 
4 [deg]C (36 to 39 [deg]F) (Fraley and Shepard 1989, p. 138; McPhail 
and Baxter 1996, p. 10). Juveniles remain in the substrate after 
hatching. 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 and embryos are especially vulnerable to fine sediments 
(i.e., fine silt to coarse sand) and water quality degradation (Fraley 
and Shepard 1989, p. 141). Increases in fine sediment appear to reduce 
egg survival and emergence (Pratt 1992, p. 6) by restricting 
intragravel circulation and/or causing entombment of newly hatched 
alevins (young salmon that have the yolk sac still attached). Juveniles 
are likely also affected by reduced interstitial habitat and cover. 
High juvenile densities have been reported in areas characterized by a 
diverse cobble substrate and a low percentage of fine sediments 
(Shepard et al. 1984, p. 6). Habitats with cold water temperature and 
appropriately-sized stream substrate with a low level of fine sediments 
are necessary factors for successful egg incubation and juvenile 
rearing that supports individual and population growth (Watson and 
Hillman 1997, pp. 238-246; WFPB 1997, pp. 98, F-25). Because the size 
and amounts of fines acceptable to bull trout will likely vary from 
system to system, providing specific examples of local criteria as we 
did in the proposed rule may be misleading; therefore, for this final 
rule we have removed the examples we provided in the proposed rule.
Habitats Protected from Disturbance or Representative of the 
Historical, Geographical, and Ecological Distributions of the Species
    Other threats to water quality in bull trout critical habitat 
include suspended sediment and environmental contaminants. Suspended 
sediment, made up of the smallest fine materials, may vary in size 
depending on stream flow and channel type (MacDonald and

[[Page 63931]]

Wissmar 1991, pp. 98-99). Suspended sediments and the resulting 
turbidity of the water can impact salmonids (including bull trout) and 
their prey (e.g., macro invertebrates or other fish). High levels of 
suspended sediments can affect swimming, feeding, or gill function by 
reducing visibility and ability to pursue prey, and by interrupting 
proper physiological gill function.
    Water diversion and reservoir development can reduce stream flow, 
reduce the amount of water available in a stream channel, change water 
quality, and alter groundwater regimes. These changes may collectively 
impact habitat and passage for bull trout, and can cause increases in 
water temperatures.
    Alterations to natural habitat conditions may also increase 
nonnative species predation and competition, which can significantly 
affect bull trout populations. Nonnative species have been introduced 
in many watersheds currently occupied by bull trout. Depending on local 
conditions, bull trout recovery may be either reduced or precluded by 
the presence of nonnative (and competitive) species. Some nonnative 
fish species that prey on bull trout include lake trout, walleye 
(Sander vitreum), northern pike (Esox lucius), smallmouth bass 
(Micropterus dolomieu), and brown trout (Salmo trutta). Brown trout or 
other introduced salmonids, such as rainbow trout (Onchorynchus 
mykiss), as well as smallmouth bass, northern pike, walleye, and other 
species, also compete with bull trout for limited resources. Brook 
trout commonly hybridize with bull trout and are better adapted to 
compete with bull trout when they occur together, particularly in 
degraded habitat (Ratliff and Howell 1992, p. 16; Leary et al. 1993, p. 
857). Brook trout and bull trout hybrids are not uncommon where they 
are sympatric, and it usually is a cross of a female bull trout and a 
male brook trout, which is more costly, genetically speaking, to the 
bull trout population (DeHaan et al. 2009, p. 6; Kanda et al. 2002, p. 
776). Presence of brook trout and lake trout frequently lead to 
declines in abundance and distribution of bull trout (MBTSG 1998, 
pp.46-47; Donald and Alger 1993, p. 245; Fredenberg 2002, p. 150).
    The stability of stream channels and stream flows may be important 
habitat characteristics for bull trout (Rieman and McIntyre 1993, p. 
5). Bull trout may select spawning locations to reduce risk of scour 
especially in rain dominated areas with higher probability of peak 
flows during incubation. Complex channel types including presence of 
side channels, stream margins, and cover near spawning sites, including 
pools are important to maintain in these types of spawning reaches 
(Shellberg 2002, p. 80). 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, p. 141; Pratt 1992, p. 6; 
Pratt and Huston 1993, p. 70). In areas west of the Cascade Range, it 
is common to have peak flows from rainstorms during the incubation 
period in the fall (Shellberg 2002, p. 36). East of the Cascade Range, 
it is not as common to have peak flows until spring snows melt. Also, 
bull trout use all parts of a waterbody at various times, including 
foraging in shallow water areas at night; unstable stream flows from 
impoundments, for example, may impact these behaviors (peer review 
comments, C. Muhlfeld 2010, attachment p. 22). Streams with a natural 
hydrograph (those with normal discharge variations over time as a 
response to seasonal precipitation), permanent water, and an absence of 
nonnative species are representative of the highest quality habitat of 
the species.
    We are designating bull trout critical habitat of two primary use 
types: (1) Spawning and rearing, and (2) foraging, migration, and 
overwintering (FMO). Each area being designated as occupied critical 
habitat contains one or more of those physical or biological features 
essential to the conservation of the species, which may require special 
management considerations or protection, which are the PCEs for the 
bull trout. Each area being designated as unoccupied habitat has been 
determined to be essential for the conservation of the species. The 
justification document developed to support the proposed rule 
identifies all waterbody segments as either SR or FMO habitat. This 
document is available at our website at http://www.fws.gov/pacific/bulltrout, or upon request from the Idaho Fish and Wildlife Office (see 
ADDRESSES above). Due to a lack of sufficiently detailed data and 
uncertainty over precise dividing lines between these two habitat 
types, we do not identify the specific PCEs present for each waterbody 
segment. Factors such as time of year, seasonal precipitation, drought 
conditions, and other phenomena can influence the essential physical or 
biological features present at any particular location at any 
particular time given the variability of habitats used by bull trout. 
In addition, attributes such as stream flow and substrate size and 
composition are influenced by stream order and gradient. Accordingly, 
we are unable to define a conclusive upper and lower range of 
conditions for specific PCEs, given this complexity. However, future 
section 7(a)(2) consultations on specific Federal actions will help 
identify the PCEs relevant to a specific waterbody, and provide 
information to Federal agencies regarding special management 
considerations or protections that may be appropriate at that location.
    Based on the above biological needs of the species, and keeping in 
mind the need to identify PCEs with sufficient generality to apply to 
the wide range of bull trout and diversity of its habitat, we derived 
nine specific PCEs required for bull trout from the biological needs of 
the species as described or referred to in the Background section of 
this final rule and the following information. The nine PCEs relate to: 
(1) Water quality; (2) migration habitat; (3) food availability; (4) 
instream habitat; (5) water temperature; (6) substrate characteristics; 
(7) stream flow; (8) water quantity; and (9) nonnative species.

Primary Constituent Elements for Bull Trout

    Based on the needs described above and our current knowledge of the 
life history, biology, and ecology of the species and the 
characteristics of the habitat necessary to sustain the essential bull 
trout life-history functions, we have determined that the following 
PCEs are essential for the conservation of bull trout and may require 
special management considerations or protection.
    (1) Springs, seeps, groundwater sources, and subsurface water 
connectivity (hyporheic flows) to contribute to water quality and 
quantity and provide thermal refugia.
    (2) Migration habitats with minimal physical, biological, or water 
quality impediments between spawning, rearing, overwintering, and 
freshwater and marine foraging habitats, including but not limited to 
permanent, partial, intermittent, or seasonal barriers.
    (3) An abundant food base, including terrestrial organisms of 
riparian origin, aquatic macroinvertebrates, and forage fish.
    (4) Complex river, stream, lake, reservoir, and marine shoreline 
aquatic environments, and processes that

[[Page 63932]]

establish and maintain these aquatic environments, with features such 
as large wood, side channels, pools, undercut banks and unembedded 
substrates, to provide a variety of depths, gradients, velocities, and 
structure.
    (5) Water temperatures ranging from 2 to 15 [deg]C (36 to 59 
[deg]F), with adequate thermal refugia available for temperatures that 
exceed the upper end of this range. Specific temperatures within this 
range will depend on bull trout life-history stage and form; geography; 
elevation; diurnal and seasonal variation; shading, such as that 
provided by riparian habitat; streamflow; and local groundwater 
influence.
    (6) In spawning and rearing areas, substrate 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 sediment, generally ranging in size from silt to 
coarse sand, embedded in larger substrates, is characteristic of these 
conditions. The size and amounts of fine sediment suitable to bull 
trout will likely vary from system to system.
    (7) A natural hydrograph, including peak, high, low, and base flows 
within historic and seasonal ranges or, if flows are controlled, 
minimal flow departure from a natural hydrograph.
    (8) Sufficient water quality and quantity such that normal 
reproduction, growth, and survival are not inhibited.
    (9) Sufficiently low levels of occurrence of nonnnative predatory 
(e.g., lake trout, walleye, northern pike, smallmouth bass); 
interbreeding (e.g., brook trout); or competing (e.g., brown trout) 
species that, if present, are adequately temporally and spatially 
isolated from bull trout.

Criteria Used To Identify Critical Habitat

    As required by section 4(b) of the Act, we used the best scientific 
and commercial data available in determining areas that contain the 
physical or biological features essential to the conservation of bull 
trout that may require special management considerations or protection, 
and areas outside of the geographical area occupied at the time of 
listing that are essential for bull trout conservation (see Previous 
Federal Actions section). The steps we followed in identifying critical 
habitat were:
    (1) We determined in accordance with section 3(5)(A)(i) of the Act 
and regulations at 50 CFR 424.12, the physical or biological habitat 
features essential to the conservation of the species, as explained in 
the previous section. We reviewed the best available scientific 
information pertaining to the habitat requirements of this species, 
including consulting with biologists from partner agencies and entities 
including Federal, State, tribal, and private 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 also 
reviewed available information concerning bull trout habitat use and 
preferences; habitat conditions; threats; limiting factors; population 
demographics; and known locations, distribution, and abundance of bull 
trout.
    (2) We then identified the geographical areas occupied by bull 
trout at the time of listing and areas not occupied that may be 
essential for the conservation of bull trout. We used information 
gathered during the bull trout recovery planning process and the bull 
trout draft recovery plan (Service 2002), and supplemented that 
information with recent information developed by State agencies, 
Tribes, the USFS, and other entities. This information was used to 
update bull trout status and distribution information for purposes of 
the proposed critical habitat designation. For areas where we had data 
gaps, we solicited expert opinions from knowledgeable fisheries 
biologists in the local area. Material reviewed included data in 
reports submitted during section 7 consultations, reports from 
biologists holding section 10(a)(1)(A) recovery permits, research 
published in peer-reviewed scientific journals, academic theses, State 
and Federal government agency reports, and regional GIS overlays.
    (3) We identified specific areas within each of the six new draft 
recovery units described above that contain the physical or biological 
features essential to bull trout conservation, considering 
distribution, abundance, trend, and connectivity needs. The objective 
was to ensure the areas proposed for designation as critical habitat 
would effectively achieve the principles we believe are important for 
recovery: (a) Conserve the opportunity for diverse life-history 
expression; (b) conserve the opportunity for genetic diversity; (c) 
ensure bull trout are distributed across representative habitats; (d) 
ensure sufficient connectivity among populations; (e) ensure sufficient 
habitat to support population viability (e.g., abundance, trend 
indices); (f) address threats (see Special Management Considerations or 
Protection below), including climate change (described later in this 
section); and (g) ensure sufficient redundancy in conserving population 
units. These recovery principles take into account the threats and 
physical or biological needs of the species throughout its range, and 
focus on the rangewide recovery needs.
    Some areas that contained the physical or biological features did 
not meet one or more of the seven recovery principles because they did 
not contain the physical or biological features in an appropriate 
quantity and spatial arrangement. Accordingly, the areas with such 
features were determined not to be essential to bull trout 
conservation. For example, some areas may have contained spawning 
habitat (PCEs 5 and 6), but were disconnected from known populations 
and were not known to support viable bull trout populations. A few 
areas (e.g., the entire Lucky Peak core area in the lower Boise River 
drainage in southwest Idaho) were not included because of limited 
habitat quantity, marginal habitat quality, low bull trout density, or 
only sporadic presence of bull trout recorded.
    Global climate change threatens bull trout throughout its range in 
the coterminous United States. Downscaled regional climate models for 
the Columbia River basin predict a general air temperature warming of 
1.0 to 2.5 [deg]C (1.8 to 4.5 [deg]F) or more by 2050 (Reiman et al. 
2007, p. 1552). This predicted temperature trend may have important 
effects on the regional distribution and local extent of habitats 
available to salmonids (Rieman et al. 2007, p. 1552), although the 
relationship between changes in air temperature and water temperature 
are not well understood. The optimal temperatures for bull trout appear 
to be substantially lower than those for other salmonids (Selong and 
McMahon 2001), p. 1031; Rieman et al. 2007, p. 1553). Coldwater fish do 
not physically adapt well to thermal increases (McCullough et al. 2009, 
pp. 96-101). Instead, they are more likely to change their behavior, 
alter the timing of certain behaviors, experience increased physical 
and biochemical stress, and exhibit reduced growth and survival 
(McCullough et al. 2009, pp. 98-100). Bull trout spawning and initial 
rearing areas are currently largely constrained by low fall and winter 
water temperatures, and define the spatial structuring of local 
populations or habitat patches across larger river basins; habitat 
patches represent networks of thermally suitable habitat that may lie 
in adjacent watersheds and are disconnected (or fragmented) by 
intervening stream segments of

[[Page 63933]]

seasonally unsuitable habitat or by actual physical barriers (Rieman et 
al. 2007, p. 1553). With a warming climate, thermally suitable bull 
trout spawning and rearing areas are predicted to shrink during warm 
seasons, in some cases very dramatically, becoming even more isolated 
from one another under moderate climate change scenarios (Rieman et al. 
2007, pp. 1558-1562; Porter and Nelitz 2009, pp. 5-7).
    Climate change will likely interact with other stressors, such as 
habitat loss and fragmentation (Rieman et al. 2007, pp. 1558-1560; 
Porter and Nelitz 2009, p. 3); invasions of nonnative fish (Rahel et 
al. 2008, pp. 552-553); diseases and parasites (McCullough et al. 2009, 
p. 104); predators and competitors (McMahon et al. 2007, pp. 1313-1323; 
Rahel et al. 2008, pp. 552-553); and flow alteration (McCullough et al. 
2009, pp. 106-108), rendering some current spawning, rearing, and 
migratory habitats marginal or wholly unsuitable. For example, 
introduced congeneric populations of brook trout are widely distributed 
throughout the range of bull trout. McMahon et al. (2007, p. 1320) 
demonstrated the presence of brook trout has a marked negative effect 
on bull trout, an effect that is magnified at higher water temperatures 
(16-20 [deg]C (60-68 [deg]F)). Changes and complex interactions are 
difficult to predict at a spatial scale relevant to bull trout 
conservation efforts, and key gaps exist in our understanding of 
whether bull trout (and other coldwater fishes) can behaviorally adapt 
to climate change.
    We considered effects of climate change on bull trout by first 
applying best professional judgment to screen core areas to assess 
those that might be most vulnerable to climate change effects. These 
were highlighted in our 2008 update of status and threats information 
in the core area template documents (Service 2008, p. 15). For example, 
in many locations we prioritized cold water spring habitats for 
conservation because they may be among the most resistant habitats to 
climate change effects. In other locations we deemphasized protection 
of some already low-elevation, warmer, marginal bull trout habitats, 
anticipating that they would become even less valuable for the future 
conservation of bull trout. Over a period of decades, climate change 
may directly threaten the integrity of the essential physical or 
biological features described in PCEs 1, 2, 3, 5, 7, 8 and 9. 
Protecting bull trout strongholds and cold water refugia from 
disturbance and ensuring connectivity among populations were important 
considerations in addressing this potential impact.
    Over 30 years of research into wildlife population sizes required 
for long-term viability (avoiding extinction) suggests that a minimum 
number of 5,000 individuals (rather than 50 or 500) may be needed in 
light of rapidly changing environmental conditions, such as accelerated 
climate change (Traill et al. 2009, p. 3). Although the minimum number 
of individuals may vary depending on the species involved, for bull 
trout, we have included additional unoccupied habitats in those areas 
where occupied habitats currently support far less than this number of 
individuals, so there are adequate PCEs for those small populations to 
recover.
    Each of the areas being designated as occupied critical habitat (a) 
satisfies the above recovery principles; (b) is within the geographic 
range occupied by the species at the time of listing, or was unoccupied 
at the time of listing, but we have determined to be essential to the 
conservation of the species; and (c) contains the physical or 
biological features essential to the conservation of the species that 
may require special management considerations or protection.
    (4) In selecting areas to designate as critical habitat, we 
considered factors specific to each river system, such as size (i.e., 
stream order), gradient, channel morphology, connectivity to other 
aquatic habitats, and habitat complexity and diversity, as well as 
rangewide recovery considerations. We took into account the fact that 
bull trout habitat preference ranges from small headwater streams used 
largely for spawning and rearing, to downstream mainstem portions of 
river networks used for rearing, foraging, migration, or overwintering.
    To help determine which specific areas contained the physical or 
biological features essential to bull trout conservation, we considered 
the species' status in each recovery unit by evaluating whether: (a) 
Bull trout are rare and exposed to threats, such that recovery needs 
include removing threats from essentially all existing occurrences and 
restoring bull trout to portions of their historic range; or (b) bull 
trout are declining and exposed to threats, such that recovery needs 
include stopping the decline and eliminating threats across key 
portions of their range, such as currently occupied strongholds.
    NatureServe is a nonprofit conservation organization whose mission 
is to provide science-based recommendations for conservation actions. 
NatureServe has identified a suite of factors related to rarity, 
trends, and threats to assess the extinction or extirpation risk of 
species and ecosystems, and has developed a computer spread-sheet tool 
that allows 10 conservation status factors to be entered and then 
ranked for different populations. The protocol for assigning a 
conservation status rank is based on scoring an element against these 
10 conservation status factors, which are grouped into three categories 
based on the characteristic of the factor: rarity (six factors), trends 
(two factors), and threats (two factors) (Master et al. 2007, pp. 6-
11). We have concluded that the NatureServe protocol provides a 
rational framework for assessing bull trout status and threats. By 
applying the NatureServe status assessment ranking tool, which 
considers factors such as population size, amount of habitat, and type 
and degree of threat using data through 2007, we were able to estimate 
the relative status and threats within each of the 118 bull trout core 
areas or watersheds and each of the 6 draft recovery units.
    This critical habitat designation focuses on areas containing the 
physical or biological features essential to the conservation of local 
populations and spawning and rearing streams of highest conservation 
value. Factors taken into account at the smaller, local population 
scale included the largest areas or populations, most highly connected 
populations, and areas with the highest conservation potential (i.e., 
the quantity and quality of physical or biological features present). 
At the larger core area scale, the designation also focuses on areas 
having the highest conservation value by applying the factors that were 
applied at the local population scale. At both the local population and 
core area scales, the designation emphasizes essential FMO habitats of 
highest conservation value, such as habitats that connect local 
populations and core areas and provide required space for life-history 
functions. In some areas, we have determined that specific areas 
outside the geographical area occupied by bull trout at the time of 
listing are essential for the conservation of the species, and we are 
designating them as critical habitat. In those areas, bull trout 
habitat and population loss over time necessitates reestablishing bull 
trout in currently unoccupied habitat areas to achieve recovery.
    Based on the considerations described above, we designate a greater 
proportion of occupied habitat, as well as additional unoccupied 
habitat, for protection in areas where bull trout demonstrate less 
resiliency, redundancy, and representation, and less critical habitat 
elsewhere. For example, in the Klamath Basin Recovery Unit where 
threats to bull trout are

[[Page 63934]]

greatest, we are designating all habitat known to be occupied at the 
time of listing that contains the physical or biological features 
essential to the conservation of the species and that may require 
special management considerations or protection, and we are also 
designating a substantial proportion of unoccupied habitat outside of 
the geographical area occupied by the species at the time of listing 
that has been determined to be essential for bull trout conservation. 
Our primary consideration for designating critical habitat for occupied 
areas was to protect species strongholds for spawning and rearing and 
FMO habitats. Our primary consideration for designating most of 
unoccupied areas we are including in this designation was to restore 
connectivity among populations by protecting FMO habitats.
    We are designating habitat in 32 critical habitat units (CHUs) 
within the geographical area occupied by the species at the time of 
listing. These units have an appropriate quantity and spatial 
arrangement of physical or biological features present that supports 
bull trout metapopulations, life processes, and overall species 
conservation. Twenty-nine of the units contain all of the physical or 
biological features identified in this final rule and support multiple 
life-history requirements. Three of the mainstem river units in the 
Columbia and Snake River basins contain most of the physical or 
biological features necessary to support the bull trout's particular 
use of that habitat, other than those associated with PCEs 5 and 6, 
which relate to breeding habitat. Lakes and reservoirs within these 
units also contain most of the physical or biological features 
necessary to support bull trout, other than those associated with PCEs 
1, 4, and 6. Marine nearshore habitats within the Olympic Peninsula and 
Puget Sound critical habitat units contain only a subset of the 
identified physical or biological features for bull trout (PCEs 2, 3, 
5, and 8). However, these habitats are important to conserving a 
diverse life-history expression and representative habitats.
    When determining critical habitat boundaries within this final 
rule, we made every effort to avoid including developed areas such as 
lands covered by buildings, pavement, and other structures because such 
lands lack physical or biological features for bull trout. The scale of 
the maps we prepared under the parameters for publication within the 
Code of Federal Regulations may not reflect the exclusion of such 
developed lands. Any such lands inadvertently left inside critical 
habitat boundaries shown on the maps of this final rule have been 
excluded by text in the rule and are not designated as critical 
habitat. Therefore, a Federal action involving these lands would not 
trigger section 7 consultation with respect to critical habitat and the 
requirement of no adverse modification unless the specific action would 
affect the physical and biological features in the adjacent critical 
habitat.

Special Management Considerations or Protection

    When designating critical habitat, we assess whether the specific 
areas within the geographic area occupied by the species at the time of 
listing contain the features that are essential to the conservation of 
the species and may require special management needs or protection. 
Accordingly, in identifying critical habitat in occupied areas, we 
assess whether the PCEs within the areas determined to be occupied at 
the time of listing may require any special management considerations 
or protection. Although the determination that special management may 
be required is not a prerequisite to designating critical habitat in 
areas essential to the conservation of the species that were unoccupied 
at the time of listing, all areas we are designating as critical 
habitat require some level of management to address current and future 
threats to bull trout, to maintain or enhance the physical or 
biological features essential to its conservation, and to ensure the 
recovery of the species.
    The primary land and water management activities impacting the 
physical or biological features essential to the conservation of bull 
trout that may require special management considerations within the 
critical habitat units include timber harvest and road building (forest 
management practices), agriculture and agricultural diversions, 
livestock grazing, dams, mining, and nonnative species (Beschta et al. 
1987, p. 194; Chamberlin et al. 1991, p. 194; Furniss et al. 1991, p. 
297; Meehan 1991, pp. 6-10; Nehlsen et al. 1991, p. 4; Sedell and 
Everest 1991, p. 6; Craig and Wissmar 1993, p. 18; Frissell 1993, p. 
350; Henjum et al. 1994, p. 6; McIntosh et al. 1994, p. 37; Wissmar et 
al. 1994, p. 28; MBTSG 1995a, p. i; MBTSG 1994b, p. i; MBTSG 1995c, p. 
i; MBTSG 1995d, p. 1; MBTSG 1995e, p. 1; USDA and USDI 1995, p. 8; 
1997, pp. 132-144; Light et al. 1996, p. 6; MBTSG 1996a, p. ii; MBTSG 
1996b, p. 1; MBTSG 1996c, p. i; MBTSG 1996d, p. i; MBTSG 1996e, p. i; 
MBTSG 1996f, p. 1; MBTSG 1996g, p. 7; MBTSG 1996h, p. 7). Urbanization 
and residential development may also impact the physical or biological 
features and require special management considerations or protection.
    Timber harvest and road building in or close to riparian areas can 
immediately reduce stream shading and cover, channel stability, and 
large woody debris recruitment and increase sedimentation and peak 
stream flows (Chamberlin et al. 1991, p. 180; Ripley et al. 2005, p. 
2436). These activities can, in turn, lead to increased stream 
temperatures, bank erosion, and decreased long-term stream 
productivity. The effects of road construction and associated 
maintenance account for a majority of sediment loads to streams in 
forested areas; in addition, stream crossings also can impede fish 
passage (Shepard et al. 1984, p. 1; Cederholm and Reid 1987, p. 392; 
Furniss et al. 1991, p. 301). Sedimentation affects streams by reducing 
pool depth, altering substrate composition, reducing interstitial 
space, and causing braiding of channels (Rieman and McIntyre 1993, p. 
6), which reduce carrying capacity. Sedimentation negatively affects 
bull trout embryo survival and juvenile bull trout rearing densities 
(Shepard et al. 1984, p. 6; Pratt 1992, p. 6). An assessment of the 
interior Columbia Basin ecosystem revealed that increasing road 
densities were associated with declines in four nonanadromous salmonid 
species (bull trout, Yellowstone cutthroat trout (Oncorhyncus clarkii 
bouvieri), westslope cutthroat trout (O. c. lewisi), and redband trout 
(O. mykiss spp.)) within the Columbia River basin, likely through a 
variety of factors associated with roads. Bull trout were less likely 
to use highly roaded basins for spawning and rearing and, if present in 
such areas, were likely to be at lower population levels (Quigley and 
Arbelbide 1997, p. 1183). These activities can directly and immediately 
threaten the integrity of the essential physical or biological features 
described in PCEs 1 through 6. Special management considerations or 
protection that may be needed include the implementation of best 
management practices specifically designed to reduce these impacts in 
streams with bull trout, particularly in spawning and rearing habitat. 
Such best management practices could require measures to ensure that 
road stream crossings do not impede fish migration or occur in or near 
spawning/rearing areas, or increase road surface drainage into streams.
    Agricultural practices and associated activities adjacent to 
streams and in upland portions of watersheds also can

[[Page 63935]]

affect the physical or biological features essential to bull trout 
conservation. Irrigation withdrawals, including diversions, can dewater 
spawning and rearing streams, impede fish passage and migration, and 
cause entrainment. Discharging pollutants such as nutrients, 
agricultural chemicals, animal waste, and sediment into spawning and 
rearing waters is also detrimental (Spence et al. 1996, p. 128). 
Agricultural practices regularly include stream channelization and 
diking, large woody debris and riparian vegetation removal, and bank 
armoring (Spence et al. 1996, p. 127). Improper livestock grazing can 
promote streambank erosion and sedimentation and limit the growth of 
riparian vegetation important for temperature control, streambank 
stability, fish cover, and detrital input (Platts 1991, pp. 397-399). 
In addition, grazing often results in increased organic nutrient input 
in streams (Platts 1991, p. 423). These activities can directly and 
immediately threaten the integrity of the essential physical or 
biological features described in PCEs 1 through 8. Special management 
could include best management practices specifically designed to reduce 
these types of impacts in streams with bull trout, such as fencing 
livestock from stream sides, moving animal feeding operations away from 
surface waters, using riparian buffer strips near crop fields, 
minimizing water withdrawal from streams, avoiding stream channel and 
spring head alteration, and avoiding stream dewatering.
    Dams constructed without fish passage or with poorly designed fish 
passage features create barriers to migratory bull trout, precluding 
access to suitable spawning, rearing, and migration habitats. Dams 
disrupt the connectivity within and between watersheds essential for 
maintaining aquatic ecosystem function (Naiman et al. 1992, p. 127; 
Spence et al. 1996, p. 141) and bull trout subpopulation interaction 
(Rieman and McIntyre 1993, p. 15). Natural recolonization of 
historically occupied sites can be precluded by migration barriers 
(e.g., McCloud Dam in California, or impassable culverts under roads). 
Also, fluctuation of reservoir levels may affect bull trout 
populations, although these effects are best determined on a case-
specific basis. These activities can directly and immediately threaten 
the integrity of the essential physical or biological features 
described in PCEs 2 through 7 and 9. Special management considerations 
that may be needed include the implementation of best management 
practices, such as providing fish passage, specifically designed to 
reduce these impacts in streams with bull trout.
    Mining can degrade aquatic systems by generating sediment and heavy 
metals pollution, altering water pH levels, and changing stream 
channels and flow (Martin and Platts 1981, p. 2). These activities can 
directly and immediately threaten the integrity of the essential 
physical or biological features described in PCEs 1, 6, 7, and 8, even 
if they occur some distance upstream from critical habitat. Special 
management could require best management practices specifically 
designed to reduce these impacts in streams with bull trout, such as 
avoiding surface water impacts from mining activities and neutralizing 
toxic materials.
    Introductions of nonnative invasive species by the Federal 
government, State fish and game departments, and unauthorized private 
parties across the range of bull trout have resulted in predation, 
declines in abundance, local extirpations, and hybridization of bull 
trout (Bond 1992, p. 3; Howell and Buchanan 1992, p. viii; Donald and 
Alger 1993, p. 245; Leary et al. 1993, p. 857; Pratt and Huston 1993, 
p. 75; MBTSG 1995b, p. 10; MBTSG 1995d, p. 21; Platts et al. 1995, p. 
9; MBTSG 1996g, p. 7; Palmisano and Kaczynski, in litt.1997, p. 29). 
Nonnative species may exacerbate stresses on bull trout from habitat 
degradation, fragmentation, isolation, and species interactions (Rieman 
and McIntyre 1993, p. 3). These activities can over time directly 
threaten the integrity of the essential physical or biological features 
described in PCE 9. Special management needs and considerations could 
require the implementation of best management practices specifically 
designed to reduce these impacts in streams with bull trout, such as 
avoiding future introductions, eradicating or controlling introduced 
species, and managing habitat to favor bull trout over other species.
    Urbanization and residential development in watersheds has led to 
decreased habitat complexity (uniform stream channels and simple 
nonfunctional riparian areas); impediments and blockages to fish 
passage; increased surface runoff (more frequent and severe flooding); 
and decreased water quality and quantity (Spence et al. 1996, pp. 130-
134). In nearshore marine areas, urbanization and residential 
development has led to significant loss or physical alteration of 
intertidal and shoreline habitats, as well as to the contamination of 
many estuarine and nearshore areas (PSWQAT 2000, p. 47; BMSL et al. 
2001, ch. 10, pp. 1-27 ; Fresh et al. 2004, p. 1). Activities 
associated with urbanization and residential development can 
incrementally threaten the integrity of the essential physical or 
biological features described in PCEs 1 through 5, 7, and 8. Special 
management could require best management practices specifically 
designed to reduce these impacts in streams with bull trout, such as 
setting back developments from riparian areas; minimizing water runoff 
from urban areas directly to streams; minimizing hard surfaces such as 
pavement; and minimizing impacts related to fertilizer application.

Final Critical Habitat Designation

    We are designating 32 critical habitat units (CHUs) in 6 recovery 
units as critical habitat for bull trout. Each CHU is comprised of a 
number of specific streams or reservoir/lake areas, which are 
identified as subunits in this final rule.
    In freshwater areas, critical habitat includes the stream channels 
within the designated stream reaches and a lateral extent as defined by 
the bankfull elevation on one bank to the bankfull elevation on the 
opposite bank. If bankfull elevation is not evident on either bank, the 
ordinary high-water line determines the lateral extent of critical 
habitat. The lateral extent of critical habitat in lakes may initially 
be defined by the perimeter of the waterbody as mapped on standard 
1:24,000 scale topographic maps. In marine nearshore areas, the inshore 
extent of critical habitat is the mean higher high-water (MHHW) line, 
including the uppermost reach of the saltwater wedge within tidally 
influenced, freshwater heads of estuaries. Critical habitat extends 
offshore to the depth of 10 meters (m) (33 feet (ft)) relative to the 
mean low low-water (MLLW) line. The Service expects the effects of this 
rule designating bull trout critical habitat to also extend to any 
action that may adversely affect the habitat, potentially including 
activities on lands adjacent to or upstream of designated stream bed 
and banks, as discussed elsewhere in this rule.
    The critical habitat areas we describe below constitute our best 
assessment at this time of areas that meet the definition of critical 
habitat for bull trout.
    The 32 units we designate as critical habitat are:
A. Coastal Recovery Unit
(1) Olympic Peninsula
(2) Puget Sound
(3) Lower Columbia River Basins
(4) Upper Willamette River
(5) Hood River

[[Page 63936]]

(6) Lower Deschutes River
(7) Odell Lake
(8) Mainstem Lower Columbia River
B. Klamath Recovery Unit
(9) Klamath River Basin
C. Mid-Columbia Recovery Unit
(10) Upper Columbia River Basins
(11) Yakima River
(12) John Day River
(13) Umatilla River
(14) Walla Walla River Basin
(15) Lower Snake River Basins
(16) Grande Ronde River
(17) Imnaha River
(18) Sheep and Granite Creeks
(19) Hells Canyon Complex
(20) Powder River Basin
(21) Clearwater River
(22) Mainstem Upper Columbia River
(23) Mainstem Snake River
D. Upper Snake Recovery Unit
(24) Malheur River Basin
(25) Jarbidge River
(26) Southwest Idaho River Basins
(27) Salmon River Basin
(28) Little Lost River
E. Columbia Headwaters Recovery Unit
(29) Coeur d'Alene River Basin
(30) Kootenai River Basin
(31) Clark Fork River Basin
F. Saint Mary Recovery Unit
(32) Saint Mary River Basin
    A total of 31,750.8 km (19,729.0 mi) of stream (including 1,213.2 
km (754.0 mi) of marine shoreline) (Table 1), and 197,589.3 ha 
(488,251.7 ac) of reservoirs and lakes (Table 2) are designated as bull 
trout critical habitat. A total of 1,323.7 km (822.5 mi; 4.2 percent) 
of streams, reservoirs, and lakes were unoccupied at the time of 
listing, with the remainder occupied. A total of 15,281.1 4 km (9,495.2 
mi; 48.1 percent) of stream and marine shoreline habitat is used for 
spawning and rearing (all in streams), with the remainder--plus all 
reservoirs and lakes--used for FMO. Tables 3 and 4 present total stream 
shoreline length and reservoirs and lakes designated in each State. 
Table 5 presents the ownership for all stream shoreline designated as 
critical habitat.

  Table 1.--Stream/Shoreline Distance Designated as Bull Trout Critical
                    Habitat by Critical Habitat Unit
------------------------------------------------------------------------
       Critical habitat unit            Kilometers           Miles
------------------------------------------------------------------------
1. Olympic Peninsula..............              748.7              465.2
1. Olympic Peninsula (Marine).....              529.2              328.8
2. Puget Sound....................            1,840.2            1,143.5
2. Puget Sound (Marine)...........              684.0              425.0
3. Lower Columbia River Basins....              119.3               74.2
4. Upper Willamette River.........              312.4              194.1
5. Hood River.....................              128.1               79.6
6. Lower Deschutes River..........              232.8              144.7
7. Odell Lake.....................               27.4               17.0
8. Mainstem Lower Columbia River..              340.4              211.5
9. Klamath River Basin............              445.2              276.6
10. Upper Columbia River Basins...              931.8              579.0
11. Yakima River..................              896.9              557.3
12. John Day River................            1,089.6              677.0
13. Umatilla River................              163.0              101.3
14. Walla Walla River Basin.......              383.7              238.4
15. Lower Snake River Basins......              270.8              168.3
16. Grande Ronde River............            1,057.9              657.4
17. Imnaha River..................              285.7              177.5
18. Sheep and Granite Creeks......               47.9               29.7
19. Hells Canyon Complex..........              377.5              234.6
20. Powder River Basin............              296.5              184.2
21. Clearwater River..............            2,702.1            1,679.0
22. Mainstem Upper Columbia River.              520.1              323.2
23. Mainstem Snake River..........              451.7              280.6
24. Malheur River Basin...........              272.3              169.2
25. Jarbidge River................              245.2              152.4
26. Southwest Idaho River Basins..            2,150.0            1,335.9
27. Salmon River Basin............            7,376.5            4,583.5
28. Little Lost River.............               89.2               55.4
29. Coeur d'Alene River Basin.....              821.5              510.5
30. Kootenai River Basin..........              522.5              324.7
31. Clark Fork River Basin........            5,356.0            3,328.1
32. Saint Mary River Basin........               34.7               21.6
        Total.....................             31,750             19,729
------------------------------------------------------------------------


 Table 2.--Area of Reservoirs or Lakes Designated as Bull Trout Critical
                    Habitat by Critical Habitat Unit
------------------------------------------------------------------------
       Critical habitat unit             Hectares            Acres
------------------------------------------------------------------------
1. Olympic Peninsula..............            3,064.2            7,571.8
2. Puget Sound....................           16,260.9           40,181.5
3. Lower Columbia River Basins....                0.0                0.0
4. Upper Willamette River.........            3,601.5            8,899.5
5. Hood River.....................               36.9               91.1
6. Lower Deschutes River..........            1,224.9            3,026.8
7. Odell Lake.....................            1,387.1            3,427.6
9. Klamath River Basin............            3,775.5            9,329.4
10. Upper Columbia River Basins...            1,033.2            2,553.1
11. Yakima River..................            6,285.2           15,530.9
16. Grande Ronde River............              605.2            1,495.5

[[Page 63937]]

 
20. Power River Basin.............              897.0            2,216.5
21. Clearwater River..............            6,721.9           16,610.1
24. Malheur River Basin...........              715.9            1,768.9
26. Southwest Idaho River Basins..            4,310.5           10,651.5
27. Salmon River Basin............            1,683.8            4,160.6
29. Coeur d'Alene River Basin.....           12,606.9           31,152.1
30. Kootenai River Basin..........           12,089.2           29,873.0
31. Clark Fork River Basin........          119,620.1          295,586.6
32. Saint Mary River Basin                    1,669.3            4,125.0
        Total.....................          197,589.2          488,251.7
------------------------------------------------------------------------


  Table 3.--Stream/Shoreline Distance Designated as Bull Trout Critical
                            Habitat by State
------------------------------------------------------------------------
               State                    Kilometers           Miles
------------------------------------------------------------------------
Idaho.............................           14,116.5            8,771.6
Montana...........................            4,918.9            3,056.5
Nevada............................              115.6               71.8
Oregon............................            4,563.9            2,835.9
Oregon/Idaho......................              173.3              107.7
Washington........................            6,104.8            3,793.3
Washington Marine.................            1,213.2              753.8
Washington/Idaho..................               59.9               37.2
Washington/Oregon.................              484.8              301.3
        Total.....................           31,750.8           19,729.0
------------------------------------------------------------------------


 Table 4.--Area of Reservoirs or Lakes Designated as Bull Trout Critical
                            Habitat by State
------------------------------------------------------------------------
               State                     Hectares            Acres
------------------------------------------------------------------------
Idaho.............................           68,884.9          170,217.5
Montana...........................           89,626.4          221,470.7
Oregon............................           12,244.0           30,255.5
Washington........................           26,834.0           66,308.1
        Total.....................          197,589.2          488,251.7
------------------------------------------------------------------------


  Table 5.--Stream/Shoreline Distance Designated as Bull Trout Critical
                          Habitat by Ownership
------------------------------------------------------------------------
             Ownership                  Kilometers           Miles
------------------------------------------------------------------------
Federal...........................           20,217.3           12,562.4
Federal/Private...................              176.0              109.4
Federal/State.....................                4.4                2.8
State.............................              556.5              345.8
State/Private.....................                0.4                0.2
Tribal............................              226.0              140.4
Tribal/Private....................               28.1               17.4
Private...........................           10,542.1            6,550.5
        Total.....................           31,750.8           19,729.0
------------------------------------------------------------------------

    We present a description of all critical habitat designated in each 
of 32 units below, organized by recovery unit. The areas being 
designated as critical habitat satisfy each of the above Criteria Used 
to Identify Critical Habitat considerations, and will conserve the 
opportunity for diverse life-history expression and genetic diversity; 
ensure that bull trout are distributed across representative habitats; 
ensure sufficient connectivity among populations; ensure sufficient 
habitat to support population viability; address threats; and ensure 
sufficient redundancy in conserving population units. The 
characteristics of each critical habitat unit, subunit, and, in some 
cases, waterbody segment that establish why a specific area is 
essential to the conservation of bull trout are identified in the 
justification document (Service 2010). Examples of attributes that were 
considered include habitat use (FMO, spawning and rearing), occupancy 
data, geographic limits, accessibility, PCE presence, presence or 
absence of barriers, genetic analysis (used in metapopulation context), 
population data, habitat condition, and presence of other anadromous 
salmonids. Maps depicting the units and subunits appear in the 
Regulation Promulgation section below. For a more detailed textual and 
graphic description of all units and subunits, please see our website 
at http://www.fws.gov/pacific/bulltrout, or contact the Idaho Fish and 
Wildlife Office (see ADDRESSES above).

[[Page 63938]]

Coastal Recovery Unit
Unit 1: Olympic Peninsula Unit
    The Olympic Peninsula CHU is located in northwestern Washington. 
Bull trout populations inhabiting the Olympic Peninsula comprise the 
coastal component of the Coastal-Puget Sound population. The unit 
includes approximately 748.7 km (465.2 mi) of stream, 3,064.2 ha 
(7,571.8 ac) of lake surface area, and 529.2 km (328.8 mi) of marine 
shoreline designated as critical habitat. This CHU is bordered by Hood 
Canal to the east, Strait of Juan de Fuca to the north, the Pacific 
Ocean to the west, and the Lower Columbia River Basins and Puget Sound 
CHUs 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 CHU is 
divided into 10 critical habitat subunits. 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 designated marine areas. The State of 
Washington has assigned most streams a stream catalog number. 
Typically, if an unnamed stream or stream with no official U.S. 
Geological Survey name is designated as critical habitat, the stream 
catalog number is provided for reference. In those cases where 
tributary streams do not have a catalog number, they are referred to as 
``unnamed'' or a locally accepted name is used. The subunits within 
this unit provide spawning, rearing, foraging, migratory, and 
overwintering habitat. For a detailed description of this unit and 
subunits, for justification of why this CHU, included CHSUs, or in some 
cases individual waterbodies are designated as critical habitat, and 
for documentation of occupancy by bull trout, see Service (2010), or 
http://www.fws.gov/pacific/bulltrout.
Unit 2: Puget Sound Unit
    The Puget Sound CHU includes approximately 1,840.2 km (1,143.5 mi) 
of streams; 16,260.9 ha (40,181.5 ac) of lake surface area; and 684.0 
km (442.5 mi) of marine shoreline designated as critical habitat. The 
CHU is bordered by the Cascade Range to the east, Puget Sound to the 
west, Lower Columbia River Basins and Olympic Peninsula CHUs to the 
south, and the U.S.-Canada border to the north. The CHU extends across 
Whatcom, Skagit, Snohomish, King, Pierce, Thurston, and Island Counties 
in Washington. The major river basins initiate from the Cascade 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 CHU is divided into 
13 CHSUs. The subunits within this unit provide spawning, rearing, 
foraging, migratory, connecting, and overwintering habitat. For a 
detailed description of this unit and subunits, for justification of 
why this CHU, included CHSUs, or in some cases individual waterbodies 
are designated as critical habitat, and for documentation of occupancy 
by bull trout, see Service (2010), or http://www.fws.gov/pacific/bulltrout.
Unit 3: Lower Columbia River Basins Unit
    The Lower Columbia River Basins CHU consists of portions of the 
Lewis, White Salmon, and Klickitat Rivers and associated tributaries in 
southwestern and south-central Washington. The CHU extends across 
Clark, Cowlitz, Klickitat, Skamania, and Yakima Counties. Approximately 
119.3 km (74.2 mi) of stream are designated as critical habitat. The 
subunits within this unit provide spawning, rearing, foraging, 
migratory, connecting, and overwintering habitat. For a detailed 
description of this unit and subunits, for justification of why this 
CHU, included CHSUs, or in some cases individual waterbodies are 
designated as critical habitat, and for documentation of occupancy by 
bull trout, see Service (2010), or http://www.fws.gov/pacific/bulltrout.
Unit 4: Upper Willamette River Unit
    The Upper Willamette River CHU includes 312.4 km (194.1 mi) of 
streams and 3,601.5 ha (8,899.5 ac) of lake surface area in designated 
critical habitat in the McKenzie River and Middle Fork Willamette River 
subbasins of western Oregon. This unit is located primarily within Lane 
County, but also extends into Linn County.
    There are three known bull trout local populations in the McKenzie 
River subbasin and one bull trout local population in the Middle Fork 
Willamette River subbasin. With the exception of a short reach of the 
mainstem Willamette River and the mainstem Middle Fork Willamette River 
(including reservoirs) below Hills Creek Dam, segments designated as 
critical habitat are occupied by bull trout. This unit provides 
spawning, rearing, foraging, migratory, connecting, and overwintering 
habitat. For a detailed description of this unit, for justification of 
why this CHU, included CHSUs, or in some cases individual waterbodies 
are designated as critical habitat, and for documentation of occupancy 
by bull trout, see Service (2010), or http://www.fws.gov/pacific/bulltrout.
Unit 5: Hood River Unit
    The Hood River CHU includes the mainstem Hood River and three major 
tributaries: Clear Branch Hood River, West Fork Hood River, and East 
Fork Hood River. A total of 128.1 km (79.6 mi) of stream and 36.9 ha 
(91.1 ac) of lake surface is designated as critical habitat. Portions 
of the mainstem Columbia River utilized as FMO by Hood River bull trout 
are discussed in the Lower Mainstem Columbia River section of this 
document.
    The Hood River CHU, located on the western slopes of the Cascades 
Mountains in northwest Oregon, lies entirely within Hood River County, 
Oregon. There are two local populations: (1) Clear Branch Hood River 
above Clear Branch Dam, and (2) Hood River and tributaries below Clear 
Branch Dam. This unit provides spawning and rearing habitat. For a 
detailed description of this unit, for justification of why this CHU, 
included CHSUs, or in some cases individual waterbodies are designated 
as critical habitat, and for documentation of occupancy by bull trout, 
see Service (2010), or http://www.fws.gov/pacific/bulltrout.
Unit 6: Lower Deschutes River Unit
    The Lower Deschutes River CHU is located in Wasco, Sherman, 
Jefferson, Deschutes, and Crook Counties in central Oregon. There are 
five known local population in the lower Deschutes River basin: (1) 
Warm Springs River; (2) Shitike Creek; (3) Whitewater River; (4) 
Jefferson Creek-Candle Creek Complex; and (5) Jack Creek-Canyon Creek-
Heising Spring Complex.
    Approximately 232.8 km (144.7 mi) of streams and 1,224.9 ha 
(3,026.8 ac) of lake and reservoir surface area in the lower Deschutes 
River basin are designated as critical habitat. A portion of the 
reaches occur on the Confederated Tribes of Warm Springs lands. This 
unit provides spawning, rearing, foraging, migratory, connecting, and 
overwintering habitat. For a detailed description of this unit, for 
justification of why this CHU, included CHSUs, or in some cases 
individual waterbodies are designated as critical habitat, and for 
documentation of occupancy by bull trout, see Service (2010), or http://www.fws.gov/pacific/bulltrout.

[[Page 63939]]

Unit 7: Odell Lake Unit
    The Odell Lake CHU lies entirely within the Deschutes National 
Forest in Deschutes and Klamath Counties, Oregon. Total critical 
habitat in this unit includes 27.4 km (17.0 mi) of streams and 1,387.1 
ha (3,427.6 ac) of lake surface area. The single Odell Lake bull trout 
population has been isolated from the Deschutes River population by a 
lava flow that impounded Odell Creek and formed Davis Lake 
approximately 5,500 years ago. Odell Lake is the only remaining natural 
adfluvial population of bull trout in Oregon. This unit provides 
spawning and rearing habitat. For a detailed description of this unit, 
for justification of why this CHU, included CHSUs, or in some cases 
individual waterbodies are designated as critical habitat, and for 
documentation of occupancy by bull trout, see Service (2010), or http://www.fws.gov/pacific/bulltrout.
Unit 8: Mainstem Lower Columbia River Unit
    The Mainstem Lower Columbia River CHU extends from the mouth of the 
Columbia River to John Day Dam and is located in the States of Oregon 
and Washington. It includes Clatsop, Columbia, Multnomah, Hood River, 
Wasco, and Sherman Counties in Oregon, and Pacific, Wahkiakum, Cowlitz, 
Clark, Skamania, and Klickitat Counties in Washington. A total of 340.4 
km (211.5 mi) of stream are being designated as critical habitat. This 
unit provides connecting habitat. For a detailed description of this 
unit, for justification of why this CHU, included CHSUs, or in some 
cases individual waterbodies are designated as critical habitat, and 
for documentation of occupancy by bull trout, see Service (2010), or 
http://www.fws.gov/pacific/bulltrout.
Klamath Recovery Unit
Unit 9: Klamath River Basin Unit
    The Klamath River Basin CHU is located in south-central Oregon and 
includes three CHSUs: (1) Upper Klamath Lake CHSU; (2) Sycan River 
CHSU; and (3) Upper Sprague River CHSU. It includes portions of Klamath 
and Lake Counties in Oregon. Total designated critical habitat in this 
unit includes 445.2 km (276.6 mi) of streams and 3,775.5 ha (9,329.4 
ac) of lake surface area. The subunits within this unit provide 
spawning, rearing, foraging, migratory, connecting, and overwintering 
habitat. For a detailed description of this unit and subunits, for 
justification of why this CHU, included CHSUs, or in some cases 
individual waterbodies are designated as critical habitat, and for 
documentation of occupancy by bull trout, see Service (2010), or http://www.fws.gov/pacific/bulltrout.
Mid-Columbia Recovery Unit
Unit 10: Upper Columbia River Basins Unit
    The Upper Columbia River Basins CHU includes portions of the three 
CHSUs in central and north-central Washington on the east slopes of the 
Cascade Range and east of the Columbia River between Wenatchee, 
Washington, and the Okanogan River drainage. The CHU includes portions 
of Chelan and Okanogan Counties in Washington. A total of 931.8 km 
(579.0 mi) of streams and 1,033.2 ha (2,553.1 ac) of lake surface area 
in this CHU are designated as critical habitat. The subunits within 
this unit provide spawning, rearing, foraging, migratory, connecting, 
and overwintering habitat. For a detailed description of this unit and 
subunits, for justification of why this CHU, included CHSUs, or in some 
cases individual waterbodies are designated as critical habitat, and 
for documentation of occupancy by bull trout, see Service (2010), or 
http://www.fws.gov/pacific/bulltrout.
Unit 11: Yakima River Unit
    The Yakima River CHU supports adfluvial, fluvial, and resident 
life-history forms of bull trout. This CHU includes the mainstem Yakima 
River and tributaries from its confluence with the Columbia River 
upstream to the uppermost point of bull trout distribution. The Yakima 
River CHU is located on the eastern slopes of the Cascade Range in 
south-central Washington and encompasses the entire Yakima River basin 
located between the Klickitat and Wenatchee basins. The Yakima River 
basin is one of the largest basins in the State of Washington; it 
drains southeast into the Columbia River near the town of Richland, 
Washington. The basin occupies most of Yakima and Kittitas Counties, 
about half of Benton County, and a small portion of Klickitat County. 
This CHU does not contain any subunits because it supports one core 
area. A total of 896.9 km (557.3 mi) of stream habitat and 6,285.2 ha 
(15,530.9 ac) of lake and reservoir surface area in this CHU are 
designated as critical habitat. One of the largest populations of bull 
trout (South Fork Tieton River population) in central Washington is 
located above the Tieton Dam and supports the core area. This unit 
provides spawning, rearing, foraging, migratory, connecting, and 
overwintering habitat. For a detailed description of this unit, for 
justification of why this CHU is designated as critical habitat, and 
for documentation of occupancy by bull trout, see Service (2010), or 
http://www.fws.gov/pacific/bulltrout.
Unit 12: John Day River Unit
    The John Day River CHU in the John Day River basin in eastern 
Oregon includes portions of the mainstem John Day River, North Fork 
John Day River, Middle Fork John Day River, and their tributary streams 
within Wheeler, Grant, and Umatilla Counties in Oregon. A total of 
1,089.6 km (677.0 mi) of streams are designated as critical habitat.
    The subunits within this unit provide spawning, rearing, foraging, 
migratory, and overwintering habitat. For a detailed description of 
this unit and subunits, for justification of why this CHU, included 
CHSUs, or in some cases individual waterbodies are designated as 
critical habitat, and for documentation of occupancy by bull trout, see 
Service (2010), or http://www.fws.gov/pacific/bulltrout.
Unit 13: Umatilla River Unit
    The Umatilla River CHU is located in northeastern Oregon in 
Umatilla and Union Counties. There are two local populations in this 
unit: one in the North Fork Umatilla River and one in North Fork 
Meacham Creek. Bull trout in this basin are primarily fluvial migrants 
that overwinter in middle and lower sections of the mainstem Umatilla 
River.
    Approximately 163.0 km (101.3 mi) of stream are designated as 
critical habitat for bull trout in the Umatilla River basin. This unit 
provides spawning, rearing, foraging, migratory, connecting, and 
overwintering habitat. For a detailed description of this unit, for 
justification of why this CHU, included CHSUs, or in some cases 
individual waterbodies are designated as critical habitat, and for 
documentation of occupancy by bull trout, see Service (2010), or http://www.fws.gov/pacific/bulltrout.
Unit 14: Walla Walla River Basin Unit
    The Walla Walla River Basin CHU straddles the Oregon-Washington 
State line in the eastern part of both States and includes two CHSUs. 
The unit includes 383.7 km (238.4 mi) of stream, extending across 
portions of Umatilla and Wallowa Counties in Oregon and Walla Walla and 
Columbia Counties in Washington. There are five known bull trout local 
populations in this unit: two in the Walla Walla River basin and three 
in the Touchet River basin. The

[[Page 63940]]

subunits within this unit provide spawning, rearing, foraging, 
migratory, connecting, and overwintering habitat. For a detailed 
description of this unit and subunits, for justification of why this 
CHU, included CHSUs, or in some cases individual waterbodies are 
designated as critical habitat, and for documentation of occupancy by 
bull trout, see Service (2010), or http://www.fws.gov/pacific/bulltrout.
Unit 15: Lower Snake River Basins Unit
    The Lower Snake River Basins CHU is located in southeast Washington 
and contains two CHSUs: (1) Tucannon River basin CHSU located in 
Columbia and Garfield Counties and (2) Asotin Creek basin CHSU within 
Garfield and Asotin Counties. Approximately 270.8 km (168.3 mi) of 
stream are designated as critical habitat for bull trout within this 
unit. The subunits within this unit provide spawning, rearing, 
foraging, migratory, connecting, and overwintering habitat. For a 
detailed description of this unit and subunits, for justification of 
why this CHU, included CHSUs, or in some cases individual waterbodies 
are designated as critical habitat, and for documentation of occupancy 
by bull trout, see Service (2010), or http://www.fws.gov/pacific/bulltrout.
Unit 16: Grande Ronde River Unit
    The Grande Ronde River CHU is located in northeast Oregon and 
southeast Washington and includes the Grande Ronde core area and the 
Little Minam core area. The Grande Ronde River CHU is located in Union, 
Wallowa, and Umatilla Counties in Oregon, and about one-third of Asotin 
County and small portions of Columbia and Garfield Counties in 
Washington.
    This CHU includes 1,057.9 km (657.4 mi) of streams and 605.2 ha 
(1,495.5 ac) of lakes and reservoirs designated as critical habitat. 
This unit provides spawning, rearing, foraging, migratory, connecting, 
and overwintering habitat. For a detailed description of this unit, for 
justification of why this CHU, included CHSUs, or in some cases 
individual waterbodies are designated as critical habitat, and for 
documentation of occupancy by bull trout, see Service (2010), or http://www.fws.gov/pacific/bulltrout.
Unit 17: Imnaha River Unit
    The Imnaha River CHU extends across Wallowa, Baker, and Union 
Counties in northeastern Oregon. The CHU contains approximately 285.7 
km (177.5 mi) of river designated as critical habitat and four local 
populations: (1) Mainstem Imnaha River; (2) Big Sheep Creek and 
tributary streams (Big Sheep Creek is considered to be one local 
population above and below the Wallowa Valley Irrigation Canal); (3) 
Little Sheep Creek and tributary streams; and (4) McCully Creek, which 
could be considered one or two local populations depending on whether 
Big Sheep Creek above and below the diversion are separated. This unit 
provides spawning, rearing, foraging, migratory, connecting, and 
overwintering habitat. For a detailed description of this unit, for 
justification of why this CHU, included CHSUs, or in some cases 
individual waterbodies are designated as critical habitat, and for 
documentation of occupancy by bull trout, see Service (2010), or http://www.fws.gov/pacific/bulltrout.
Unit 18: Sheep and Granite Creeks Unit
    This CHU is located within Adams and Idaho Counties in Idaho, 
approximately 21.0 km (13.0 mi) east of Riggins, Idaho. In the Sheep 
and Granite Creeks CHU, 47.9 km (29.7 mi) of streams are designated as 
critical habitat. This unit provides spawning, rearing, foraging, 
migratory, and overwintering habitat. For a detailed description of 
this unit, for justification of why this CHU, included CHSUs, or in 
some cases individual waterbodies are designated as critical habitat, 
and for documentation of occupancy by bull trout, see Service (2010), 
or http://www.fws.gov/pacific/bulltrout.
Unit 19: Hells Canyon Complex Unit
    The Hells Canyon Complex is located in Adams County, Idaho, and 
Baker County, Oregon. This CHU contains 377.5 km (234.6 mi) of streams 
designated as critical habitat. The subunits within this unit provide 
spawning, rearing, foraging, migratory, connecting, and overwintering 
habitat. For a detailed description of this unit and subunits, for 
justification of why this CHU, included CHSUs, or in some cases 
individual waterbodies are designated as critical habitat, and for 
documentation of occupancy by bull trout, see Service (2010), or http://www.fws.gov/pacific/bulltrout.
Unit 20: Powder River Basin Unit
    The Powder River Basin CHU includes approximately 296.5 km (184.2 
mi) of stream designated as critical habitat and 897.0 ha (2,216.5 ac) 
of reservoir, and is located within Baker, Union, and Wallowa Counties 
in northeastern Oregon. This unit is thought to contain 10 local 
populations of bull trout and 1 potential local population. Several 
unoccupied sections of the Powder River mainstem have been included to 
provide connectivity and recovery opportunities for local populations. 
This unit provides spawning, rearing, foraging, migratory, connecting, 
and overwintering habitat. For a detailed description of this unit, for 
justification of why this CHU, included CHSUs, or in some cases 
individual waterbodies are designated as critical habitat, and for 
documentation of occupancy by bull trout, see Service (2010), or http://www.fws.gov/pacific/bulltrout.
Unit 21: Clearwater River Unit
    The Clearwater River CHU is located east of Lewiston, Idaho, and 
extends from the Snake River confluence at Lewiston on the west to 
headwaters in the Bitterroot Mountains along the Idaho-Montana border 
on the east in Nez Perce, Latah, Lewis, Clearwater, Idaho, and Shoshone 
Counties. In the Clearwater River CHU, 2,702.1 km (1,679.0 mi) of 
streams and 6,721.9 ha (16,610.1 ac) of lake and reservoir surface area 
are designated as critical habitat. The subunits within this unit 
provide spawning, rearing, foraging, migratory, connecting, and 
overwintering habitat. For a detailed description of this unit and 
subunits, for justification of why this CHU, included CHSUs, or in some 
cases individual waterbodies are designated as critical habitat, and 
for documentation of occupancy by bull trout, see Service (2010), or 
http://www.fws.gov/pacific/bulltrout.
Unit 22: Mainstem Upper Columbia River Unit
    The Mainstem Upper Columbia River CHU includes the Columbia River 
from John Day Dam upstream 520.1 km (323.2 mi) to Chief Joseph Dam. The 
Mainstem Upper Columbia River CHU supports FMO habitat for fluvial bull 
trout; several accounts exist of bull trout in the Columbia River 
between the Yakima and John Day rivers. The Mainstem Upper Columbia 
River CHU provides connectivity to the Mainstem Lower Columbia River 
CHU and 13 additional CHUs (Clearwater River, Powder River Basin, 
Imnaha River, Grande Ronde River, Walla Walla River Basin, Umatilla 
River, John Day River, Yakima River, Mainstem Snake River, Lower Snake 
River Basins, Hells Canyon Complex, Sheep and Granite Creeks, and Upper 
Columbia River Basins). The Mainstem Upper Columbia River CHU is 
located in north-central, central, and south-central Washington and 
north-central and northeast Oregon. This CHU is within Klickitat, 
Franklin, Benton, Grant, Yakima, Kittitas, Chelan, Douglas, and 
Okanogan Counties in Washington and Sherman, Gilliam,

[[Page 63941]]

Morrow, and Umatilla Counties in Oregon. For a detailed description of 
this unit and subunits, justification of why this CHU, included CHSUs 
or in some cases individual waterbodies are designated as critical 
habitat, and for documentation of occupancy by bull trout, see Service 
(2010), or http://www.fws.gov/pacific/bulltrout.
Unit 23: Mainstem Snake River Unit
    The Mainstem Snake River CHU is located from the confluence with 
the Columbia River upstream to the head of Brownlee Reservoir. The 
Snake River is the largest tributary to the Columbia River and forms 
the border between Washington and Idaho from Clarkston/Lewiston 
upstream to Oregon. The Snake River also forms the boundary between 
Idaho and Oregon, and at that point upstream to the upper limit of 
Brownlee Reservoir forms this CHU. The Snake River is within Franklin, 
Walla Walla, Columbia, Whitman, and Asotin Counties in Washington; 
Wallowa, Whitman, Baker, and Malheur Counties in Oregon; and Nez Perce, 
Idaho, Adams, and Washington Counties in Idaho.
    The Mainstem Snake River CHU includes 451.7 km (280.6 mi) of 
streams designated as critical habitat. This unit provides foraging, 
migratory, connecting, and overwintering habitat. For a detailed 
description of this unit, for justification of why this CHU, included 
CHSUs, or in some cases individual waterbodies are designated as 
critical habitat, and for documentation of occupancy by bull trout, see 
Service (2010), or http://www.fws.gov/pacific/bulltrout.
Upper Snake Recovery Unit
Unit 24: Malheur River Basin Unit
    The Malheur River Basin CHU is in eastern Oregon within Grant, 
Baker, Harney, and Malheur Counties. A total of 272.3 km (169.2 mi) of 
streams and 715.9 ha (1,768.9 ac) of reservoir surface area are 
designated as critical habitat. This unit provides spawning, rearing, 
foraging, migratory, connecting, and overwintering habitat. For a 
detailed description of this unit, for justification of why this CHU, 
included CHSUs, or in some cases individual waterbodies are designated 
as critical habitat, and for documentation of occupancy by bull trout, 
see Service (2010), or http://www.fws.gov/pacific/bulltrout.
Unit 25: Jarbidge River Unit
    The Jarbidge River CHU 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 CHU is located 
approximately 70 miles north of Elko within Owyhee County in 
southwestern Idaho and Elko County in northeastern Nevada.
    The Jarbidge River CHU includes 245.2 km (152.4 mi) of streams 
designated as critical habitat. The Jarbidge River CHU contains six 
local populations of resident and migratory bull trout and provides 
spawning, rearing, foraging, migratory, connecting, and overwintering 
habitat. For a detailed description of this unit, for justification of 
why this CHU, included CHSUs, or in some cases individual waterbodies 
are designated as critical habitat, and for documentation of occupancy 
by bull trout, see Service (2010), or http://www.fws.gov/pacific/bulltrout.
Unit 26: Southwest Idaho River Basins Unit
    The Southwest Idaho River Basins CHU is located in southwest Idaho 
in the following counties: Adams, Boise, Camas, Canyon, Elmore, Gem, 
Valley, and Washington. This unit includes eight CHSUs: Anderson Ranch, 
Arrowrock Reservoir, South Fork Payette River, Deadwood River, Middle 
Fork Payette River, North Fork Payette River, Squaw Creek, and Weiser 
River. The Southwest Idaho River Basins CHU includes approximately 
2,150.0 km (1,335.9 mi) of streams and 4,310.5 ha (10,651.5 ac) of lake 
and reservoir surface area designated as critical habitat. The subunits 
within this unit provide spawning, rearing, foraging, migratory, 
connecting, and overwintering habitat. For a detailed description of 
this unit and subunits, for justification of why this CHU, included 
CHSUs, or in some cases individual waterbodies are designated as 
critical habitat, and for documentation of occupancy by bull trout, see 
Service (2010), or http://www.fws.gov/pacific/bulltrout.
Unit 27: Salmon River Basin Unit
    The Salmon River basin extends across central Idaho from the Snake 
River to the Montana-Idaho border. The Salmon River Basin CHU extends 
across portions of Adams, Blaine, Custer, Idaho, Lemhi, Nez Perce, and 
Valley Counties in Idaho. There are 10 CHSUs: Little-Lower Salmon 
River, Opal Lake, Lake Creek, South Fork Salmon River, Middle Salmon-
Panther River, Middle Fork Salmon River, Middle Salmon Chamberlain 
River, Upper Salmon River, Lemhi River, and Pahsimeroi River. The 
Salmon River Basin CHU includes 7,376.5 km (4,583.5 mi) of streams and 
1,683.8 ha (4,160.6 ac) of lakes and reservoirs designated as critical 
habitat. The subunits within this unit provide spawning, rearing, 
foraging, migratory, connecting, and overwintering habitat. For a 
detailed description of this unit and subunits, for justification of 
why this CHU, included CHSUs, or in some cases individual waterbodies 
are designated as critical habitat, and for documentation of occupancy 
by bull trout, see Service (2010), or http://www.fws.gov/pacific/bulltrout.
Unit 28: Little Lost River Unit
    Located within Butte, Custer, and Lemhi Counties in east-central 
Idaho, near the town of Arco, Idaho, designated critical habitat in the 
Little Lost River CHU includes 89.2 km (55.4 mi) of streams. This unit 
provides spawning, rearing, foraging, migratory, connecting, and 
overwintering habitat. For a detailed description of this unit, for 
justification of why this CHU, included CHSUs, or in some cases 
individual waterbodies are designated as critical habitat, and for 
documentation of occupancy by bull trout, see Service (2010), or http://www.fws.gov/pacific/bulltrout.
Columbia Headwaters Recovery Unit
Unit 29: Coeur d'Alene River Basin Unit
    Located in Kootenai, Shoshone, Benewah, Bonner, and Latah Counties 
in Idaho, the Coeur d'Alene River Basin CHU includes the entire Coeur 
d'Alene Lake basin in northern Idaho. A total of 821.5 km (510.5 mi) of 
streams and 12,606.9 ha (31,152.1 ac) of lake surface area are 
designated as critical habitat. There are no subunits within the Coeur 
d'Alene River Basin CHU. This unit provides spawning, rearing, 
foraging, migratory, connecting, and overwintering habitat. For a 
detailed description of this unit, for justification of why this CHU is 
designated as critical habitat, and for documentation of occupancy by 
bull trout, see Service (2010), or http://www.fws.gov/pacific/bulltrout.
Unit 30: Kootenai River Basin Unit
    The Kootenai River Basin CHU is located in the northwestern corner 
of Montana and the northeastern tip of the Idaho panhandle and includes 
the Kootenai River watershed upstream and downstream of Libby Dam. The 
Kootenai River flows in a horseshoe configuration, entering the United 
States from British Columbia, Canada, and then traversing across 
northwest Montana and the northern Idaho panhandle before returning to 
British Columbia from Idaho where it eventually joins the upper 
Columbia River drainage. The Kootenai River

[[Page 63942]]

Basin CHU includes two CHSUs: the downstream Kootenai River CHSU in 
Boundary County, Idaho, and Lincoln County, Montana, and the upstream 
Lake Koocanusa CHSU in Lincoln County, Montana. The entire Kootenai 
River Basin CHU includes 522.5 km (324.7 mi) of streams and 12,089.2 ha 
(29,873.0 ac) of lake and reservoir surface area designated as critical 
habitat. The subunits within this unit provide spawning, rearing, 
foraging, migratory, connecting, and overwintering habitat. For a 
detailed description of this unit and subunits, for justification of 
why this CHU, included CHSUs, or in some cases individual waterbodies 
are designated as critical habitat, and for documentation of occupancy 
by bull trout, see Service (2010), or http://www.fws.gov/pacific/bulltrout.
Unit 31: Clark Fork River Basin Unit
    The Clark Fork River Basin CHU includes the northeastern corner of 
Washington (Pend Oreille County), the panhandle portion of northern 
Idaho (Boundary, Bonner, and Kootenai Counties), and most of western 
Montana (Lincoln, Flathead, Sanders, Lake, Mineral, Missoula, Powell, 
Lewis and Clark, Ravalli, Granite, and Deer Lodge Counties). This unit 
includes 12 CHSUs, organized primarily on the basis of major 
watersheds: Lake Pend Oreille, Pend Oreille River, and lower Priest 
River (Lake Pend Oreille); Priest Lakes and Upper Priest River (Priest 
Lakes); Lower Clark Fork River; Middle Clark Fork River; Upper Clark 
Fork River; Flathead Lake, Flathead River, and Headwater Lakes 
(Flathead); Swan River and Lakes (Swan); Hungry Horse Reservoir, South 
Fork Flathead River, and Headwater Lakes (South Fork Flathead); 
Bitterroot River; Blackfoot River; Clearwater River and Lakes; and Rock 
Creek. The Clark Fork River Basin CHU includes 5,356.0 km (3,328.1 mi) 
of streams and 119,620.1 ha (295,586.6 ac) of lakes and reservoirs 
designated as critical habitat. The subunits within this unit provide 
spawning, rearing, foraging, migratory, connecting, and overwintering 
habitat. For a detailed description of this unit and subunits, for 
justification of why this CHU, included CHSUs, or in some cases 
individual waterbodies are designated as critical habitat, and for 
documentation of occupancy by bull trout, see Service (2010), or http://www.fws.gov/pacific/bulltrout.
Saint Mary Recovery Unit
Unit 32: Saint Mary River Basin Unit
    The entire U.S. portion of the Saint Mary River drainage, which 
forms the Saint Mary River Basin CHU, is located in Glacier County, 
Montana. The total stream distance designated as critical habitat is 
34.7 km (21.6 mi), and the lakes have a surface area of 1,669.3 ha 
(4,125 ac).
    This unit provides spawning, rearing, foraging, migratory, 
connecting, and overwintering habitat. For a detailed description of 
this unit, for justification of why this CHU, included CHSUs, or in 
some cases individual waterbodies are designated as critical habitat, 
and for documentation of occupancy by bull trout, see Service (2010), 
or http://www.fws.gov/pacific/bulltrout.

Effects of Critical Habitat Designation

Section 7 Consultation

    Section 7(a)(2) 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. Decisions 
by the court of appeals for the Fifth and Ninth Circuits have 
invalidated our definition of destruction or adverse modification (50 
CFR 402.02) (see Gifford Pinchot Task Force v. U.S. Fish and Wildlife 
Service, 378 F.3d 1059 (9th Cir. 2004) and Sierra Club v. U.S. Fish and 
Wildlife Service et al., 245 F.3d 434, 442 (5th Cir. 2001)), and we do 
not rely on this regulatory definition when analyzing whether an action 
is likely to destroy or adversely modify critical habitat. Under the 
statutory provisions of the Act, we determine destruction or adverse 
modification on the basis of whether, with implementation of the 
proposed Federal action, the affected critical habitat would remain 
functional (or retain those physical or biological features that relate 
to the ability of the area to periodically support the species) to 
serve its intended conservation role for the species.
    If a species is listed or critical habitat is designated, section 
7(a)(2) of the Act requires Federal agencies to ensure that activities 
they authorize, fund, or carry out are not likely to jeopardize the 
continued existence of the 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. As a result of this consultation, 
we document compliance with the requirements of section 7(a)(2) through 
our issuance of:
    (1) A concurrence letter for Federal actions that may affect, but 
are not likely to adversely affect, listed species or critical habitat; 
or
    (2) A biological opinion for Federal actions that may affect, and 
are likely to adversely affect, listed species or critical habitat. As 
described below in the Application of the Jeopardy and Adverse 
Modification Standards section, ``likely to adversely effect'' does not 
have the same meaning as ``adverse modification.''
    When we issue a biological opinion concluding that a project is 
likely to jeopardize the continued existence of a listed species or 
destroy or adversely modify critical habitat, we also provide 
reasonable and prudent alternatives to the project, if any are 
identifiable. We define reasonable and prudent alternatives at 50 CFR 
402.02 as alternative actions identified during consultation that:
    (1) Can be implemented in a manner consistent with the intended 
purpose of the action;
    (2) Can be implemented consistent with the scope of the Federal 
agency's legal authority and jurisdiction;
    (3) Are economically and technologically feasible; and
    (4) Would, in the Director's opinion, avoid jeopardizing the 
continued existence of the listed species or destroying or adversely 
modifying 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 we have 
listed a new species or subsequently designated critical habitat that 
may be affected and the Federal agency has retained discretionary 
involvement or control over the action (or the agency's discretionary 
involvement or control is authorized by law). Consequently, Federal 
agencies may sometimes need to request reinitiation of consultation 
with us on actions for which formal consultation has been completed, if 
those actions with discretionary involvement or control may affect 
subsequently listed species or designated critical habitat.
    Federal activities that may affect the bull trout or its designated 
critical habitat require section 7 consultation under the Act. 
Activities on State, tribal, local, or private lands requiring a 
Federal permit (such as a permit from

[[Page 63943]]

the U.S. Army Corps of Engineers under section 404 of the Clean Water 
Act (33 U.S.C. 1251 et seq.) or a permit from us under section 10 of 
the Act) or involving some other Federal action (such as funding from 
the Federal Highway Administration, Federal Aviation Administration, or 
the Federal Emergency Management Agency) are subject to the section 7 
consultation process. Federal actions not affecting listed species or 
critical habitat, and actions on State, tribal, local, or private lands 
that are not federally funded, authorized, or permitted, do not require 
section 7 consultations.

Application of the Jeopardy and Adverse Modification Standards

Jeopardy Standard
    Currently, the Service applies an analytical framework for bull 
trout jeopardy analyses that relies heavily on the importance of known 
core area populations to the species' survival and recovery. The 
analysis required by section 7(a)(2) of the Act is focused not only on 
these populations, but also on the habitat conditions necessary to 
support them.
    The jeopardy analysis usually expresses the survival and recovery 
needs of the bull trout in a qualitative fashion without making 
distinctions between what is necessary for survival and what is 
necessary for recovery. Generally, the jeopardy analysis focuses on the 
rangewide status of the bull trout, the factors responsible for that 
condition, and what is necessary for this species to survive and 
recover. An emphasis is also placed on characterizing the condition of 
the bull trout in the area affected by the proposed Federal action and 
the role of affected populations in the survival and recovery of the 
bull trout. That context is then used to determine the significance of 
adverse and beneficial effects of the proposed Federal action and any 
cumulative effects for purposes of making the jeopardy determination. 
Core areas form the building blocks that provide for conservation of 
the bull trout's evolutionary legacy as represented by major genetic 
groups. The jeopardy analysis also considers any conservation measures 
that may be proposed by a Federal action agency to minimize or 
compensate for adverse project effects to the bull trout or to promote 
its recovery. If a proposed Federal action is incompatible with the 
viability of the affected core area population(s), inclusive of 
associated habitat conditions, a jeopardy finding may be warranted, 
because of the relationship of each core area population to the 
survival and recovery of the species as a whole.

Adverse Modification Standard

    The analytical framework described in the Director's December 9, 
2004, memorandum is used to complete section 7(a)(2) analysis for 
Federal actions affecting bull trout critical habitat. The key factor 
related to the adverse modification determination is whether, with 
implementation of the proposed Federal action, the affected critical 
habitat would continue to serve its intended conservation role for the 
species, or retain those PCEs that relate to the ability of the area to 
periodically support the species. Activities that may destroy or 
adversely modify critical habitat are those that alter the PCEs to an 
extent that appreciably reduces the conservation value of critical 
habitat for bull trout. As discussed above, the role of critical 
habitat is to support the life-history needs of the species and provide 
for its conservation. Generally, the conservation role of bull trout 
critical habitat units is to support viable core area populations.
    Since the primary threat to bull trout is habitat loss or 
degradation, the jeopardy analysis under section 7 of the Act for a 
project with a Federal nexus will most likely evaluate the effects of 
the action on the conservation or functionality of the habitat for the 
bull trout. Because of this, we believe that in many cases the analysis 
of the project to address designated critical habitat will be 
comparable. As such, we do not anticipate, for many circumstances, that 
the outcome of the consultation to address critical habitat will result 
in any significant additional project modifications or measures.
    When consulting under section 7(a)(2) in designated critical 
habitat, independent analyses are conducted for jeopardy to the species 
and adverse modification of critical habitat. In occupied bull trout 
habitat, any adverse modification determination would likely also 
result in a jeopardy determination for the same action. As such, 
project modifications that may be needed to minimize impacts to the 
species would coincidentally minimize impacts to critical habitat. 
Accordingly, in occupied critical habitat it is unlikely that an 
analysis would identify a difference between measures needed to avoid 
the destruction or adverse modification of critical habitat from 
measures needed to avoid jeopardizing the species. Alternatively, in 
unoccupied critical habitat, we would not conduct a jeopardy analysis; 
however, measures to avoid the destruction or adverse modification may 
be necessary to ensure that the affected critical habitat area can 
continue to serve its intended conservation role for the species, or 
retain the physical and biological features related to the ability of 
the area to support the species.
    The adverse modification analysis focuses on the rangewide status 
of critical habitat, the factors responsible for that condition, and 
what is necessary for critical habitat to provide the necessary 
conservation value to the bull trout. An emphasis is placed on 
characterizing the functional condition of critical habitat PCEs in the 
area affected by the proposed Federal action. This analysis then 
addresses how the critical habitat PCEs will be affected, and in turn, 
how this will influence the conservation role of critical habitat units 
in support of viable core area populations. That context is then used 
to determine the significance of adverse and beneficial effects of the 
proposed Federal action and any cumulative effects for purposes of 
making the adverse modification determination at the rangewide scale. 
If a proposed Federal action would alter the physical or biological 
features of critical habitat to an extent that appreciably reduces the 
conservation function of one or more critical habitat units for the 
bull trout, a finding of adverse modification of the entire designated 
critical habitat for the proposed action may be warranted. The intended 
purpose of critical habitat to support viable core areas establishes a 
sensitive scale for relating effects of an action on CHUs or subunits 
to the conservation function of the entire designated critical habitat.
    Section 4(b)(8) of the Act requires us to briefly evaluate and 
describe, in any proposed or final regulation that designates critical 
habitat, activities involving a Federal action that may destroy or 
adversely modify such habitat, or that may be affected by such 
designation. Activities that, when carried out, funded, or authorized 
by a Federal agency, may affect critical habitat PCEs and therefore 
result in consultation for the bull trout include, but are not limited 
to:
    (1) Detrimental alteration of the minimum flow or the natural flow 
regime of any of the designated stream segments and water bodies. 
Possible actions would include construction, operations, and 
maintenance of groundwater pumping, water impoundment, water diversion, 
hydropower generation facilities and structures, and operational 
changes in flow and reservoir pool elevation that increase water 
temperature, reduce flow, increase predation, or alter migration 
habitat. We note that such

[[Page 63944]]

flow alterations resulting from actions affecting tributaries of the 
designated stream reaches or water bodies may also destroy or adversely 
modify critical habitat.
    (2) Alterations to the designated stream segments and water bodies, 
as well as alterations to non-designated areas that could directly or 
indirectly cause significant and detrimental effects to bull trout 
critical habitat. Possible actions include vegetation manipulation, 
timber harvest, road construction and maintenance, construction and 
operations of impoundments, prescribed fire, livestock grazing, off-
road vehicle use, power line or pipeline construction and repair, 
mining, and 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), migration habitat, and food supply.
    (3) Detrimental altering of the channel morphology of any of the 
designated stream segments. Possible actions would include 
channelization, impoundment, road and bridge construction and 
maintenance, 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) Detrimental alterations to the water chemistry in any of the 
designated 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 (nonpoint).
    (5) Proposed activities that are likely to result in the 
introduction, spread, or augmentation of nonnative species in any of 
the designated stream segments. Possible actions would include fish 
stocking, use of live bait fish, aquaculture, improper construction and 
operation of canals, inter-basin water transfers, and dam and reservoir 
management that favors nonnative fish.
    (6) Proposed activities that are likely to create significant 
instream barriers to bull trout movement. Possible actions would 
include water diversions, water impoundments, and hydropower generation 
where effective fish passage facilities, mechanisms, or procedures are 
not provided.
    We consider all 32 CHUs to contain features or areas essential to 
the conservation of the bull trout. All units are within the geographic 
range of the species, and portions of all units were occupied by the 
species at the time of listing (based on observations made within the 
last 20 years), and are likely to be used by the bull trout for 
foraging, migrating, overwintering, spawning, or rearing. Federal 
agencies (such as USFS, BLM, and BOR) already consult with us on 
activities in areas currently occupied by the bull trout, if the 
species may be affected by the action, to ensure their actions do not 
jeopardize the continued existence of the bull trout. These agencies 
may need to request reinitiation on some of their ongoing or previously 
planned activities if the agency has continued discretionary 
involvement or control over any part of the activity, and if the 
activity may affect designated critical habitat. The need to reinitiate 
consultation will be determined by the action agency, informed by the 
criteria outlined in 50 CFR 402.16. This determination will be made by 
the action agency, in cooperation with the Service, on a unit-by-unit 
basis. The process to reinitiate consultation is described in 
``Consultation Handbook: Procedures for Conducting Consultation and 
Conference Activities under Section 7 of the Endangered Species Act.'' 
(Service, 1998). However, we anticipate the burden of reinitiation, if 
needed, will be minor because of the aforementioned similarity between 
measures needed to avoid the destruction or adverse modification of 
critical habitat and measures needed to avoid jeopardizing the species. 
Further, we do not anticipate the action agencies will often need to 
amend their ongoing or previously planned projects or plans for 
projects because of the similarity between the measures taken to avoid 
adverse modification of critical habitat and the measures taken to 
avoid jeopardizing the species. If substantive changes are determined 
to be needed, the action agencies will amend their projects or existing 
plans for projects. However, after consultation is reinitiated, per 
section 7(d) of the Act, the action agencies will not make any 
irreversible or irretrievable commitment of resources that would have 
the effect of foreclosing the formulation or implementation of any 
reasonable and prudent alternative measures that would not violate 
section 7(a)(2). New plans and major revisions to existing plans will 
reflect the new critical habitat designations contained within this 
rule. In addition, consultation streamlining tools such as programmatic 
consultations are commonly implemented to minimize the administrative 
costs associated with consultation within the range of the bull trout. 
We expect these tools will continue be used for any reinitiations of 
consultation for bull trout critical habitat, thereby minimizing any 
additional administrative costs associated with designating the 
critical habitat.

Exemptions

Application of 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 an integrated natural resources management plan (INRMP) by 
November 17, 2001. An INRMP integrates implementation of the military 
mission of the installation with stewardship of the natural resources 
found on the base. Each INRMP includes:
<bullet> An assessment of the ecological needs on the installation, 
including the need to provide for the conservation of listed species;
<bullet> A statement of goals and priorities;
<bullet> A detailed description of management actions to be implemented 
to provide for these ecological needs; and
<bullet> A monitoring and adaptive management plan.
    Among other things, each INRMP must, to the extent appropriate and 
applicable, provide for fish and wildlife management; fish and wildlife 
habitat enhancement or modification; wetland protection, enhancement, 
and restoration where necessary to support fish and wildlife; and 
enforcement of applicable natural resource laws.
    The National Defense Authorization Act for Fiscal Year 2004 (Pub. 
L. 108-136) amended the Act to limit areas eligible for designation as 
critical habitat. Specifically, section 4(a)(3)(B)(i) of the Act (16 
U.S.C. 1533(a)(3)(B)(i)) now provides: ``The Secretary shall not 
designate as critical habitat any lands or other geographical areas 
owned or

[[Page 63945]]

controlled by the Department of Defense, or designated for its use, 
that are subject to an integrated natural resources management plan 
prepared under section 101 of the Sikes Act (16 U.S.C. 670a), if the 
Secretary determines in writing that such plan provides a benefit to 
the species for which critical habitat is proposed for designation.''
    We consult with the military on the development and implementation 
of INRMPs for installations with federally listed species. INRMPs 
developed by military installations located within the proposed 
critical habitat areas were analyzed for exemption under the authority 
of section 4(a)(3)(B) of the Act. Each of the Department of Defense 
(DOD) installations identified below has been conducting surveys and 
habitat management to benefit the bull trout, and reporting the results 
of their efforts to the Service. Cooperation between the DOD 
installations and the Service on specific conservation measures is 
ongoing.

Approved Integrated Natural Resources Management Plans

    We have examined the INRMPs for each of these military 
installations to determine whether they provide benefits to bull trout.
Bayview Acoustic Research Detachment Naval Surface Warfare Center
    The Bayview Acoustic Research Detachment (ARD) Naval Surface 
Warfare Center, Bayview, Idaho, has an approved INRMP. This property 
includes approximately 9.0 ha (22.0 ac) of developed land on the shore 
of Lake Pend Oreille and 7.0 ha (17.3 ac) of lake area. There are no 
tributary streams within this area utilized by bull trout for spawning 
or early life rearing, but the lake area does contain important FMO 
habitat for bull trout.
    Bayview ARD's INRMP outlines protection and management strategies 
for natural resources on the center, including fish species and their 
habitats. The plan benefits bull trout through the protection of 
spawning habitat for kokanee salmon, a primary food source for bull 
trout. The Bayview ARD property in Scenic Bay hosts from 40 to 70 
percent of the kokanee spawning activity in Lake Pend Oreille, 
depending on the year. The INRMP includes measures to minimize impacts 
to kokanee habitat by limiting facility boat traffic during spawning 
periods (November and December) and implementing sediment control 
measures. Furthermore, interpretive signs have been placed throughout 
the property to educate employees and the public regarding various 
aspects of the regions natural resources, endangered or threatened 
species (including bull trout), and geological history. The INRMP 
requires the natural resources manager to provide ARD INRMP awareness 
training to facilitate INRMP implementation.
    Based on the above considerations and in accordance with section 
4(a)(3)(B)(i) of the Act, we have determined that the identified lands 
are subject to the approved Bayview ARD INRMP and that conservation 
efforts identified in the INRMP will provide a benefit to bull trout 
occurring in habitats within or adjacent to Bayview ARD. Therefore, 
lands within this installation are exempt from critical habitat 
designation under section 4(a)(3) of the Act. We are not including 
approximately 7.0 ha (17.3 ac) of habitat in this final critical 
habitat designation because of this exemption.
Naval Radio Station Jim Creek
    Naval Radio Station Jim Creek in western Washington has an approved 
INRMP. The Naval Radio Station Jim Creek occurs in the Jim Creek 
watershed. This installation includes approximately 1 km (0.7 mi) of 
stream habitat. The lower reaches of Jim Creek provide foraging habitat 
for subadult and adult bull trout. The Naval Radio Station Jim Creek 
INRMP provides benefits to bull trout through the (1) restoration of 
riparian buffers along Jim Creek, (2) protection of Jim Creek from 
erosion and sedimentation, and (3) protection of Jim Creek from entry 
of contaminants and herbicides during antenna field vegetation 
management. We will continue to work cooperatively with the Department 
of the Navy to assist Naval Radio Station Jim Creek in implementing and 
refining the programmatic recommendations contained in this plan that 
provide benefits to bull trout.
    Based on the above considerations and in accordance with section 
4(a)(3)(B)(i) of the Act, we have determined that the identified lands 
are subject to the Naval Radio Station Jim Creek INRMP and that 
conservation efforts identified in the INRMP will provide a benefit to 
bull trout occurring in habitats within or adjacent to Naval Radio 
Station Jim Creek. Therefore, lands within this installation are exempt 
from critical habitat designation under section 4(a)(3) of the Act. We 
are not including approximately 1 km (0.7 mi) of habitat in this final 
critical habitat designation because of this exemption.
Naval Station Everett
    Naval Station Everett in western Washington has an approved INRMP. 
The Naval Station Everett property includes land on or near the shores 
of Puget Sound that contain important foraging and migration habitat 
for amphidromous bull trout. This installation includes approximately 8 
km (5 mi) of marine nearshore habitat. The Naval Station Everett's 
INRMP benefits bull trout by providing (1) protection of nearshore 
marine waters adjacent to the station from oil spills around the 
berthing naval vessels; (2) bioswales to prevent the release of toxins, 
contaminants, and oils generated on station from reaching the water 
column through storm drains; and (3) timing restrictions on all 
proposed routine construction or repair activities that will take place 
below the mean higher high water line; and (4) the restoration of 
riparian habitat on Navy lands located along the Middle Fork Quilceda 
Creek.
    Based on the above considerations and in accordance with section 
4(a)(3)(B)(i) of the Act, we have determined that the identified lands 
are subject to the Naval Station Everett INRMP and that conservation 
efforts identified in the INRMP will provide a benefit to bull trout 
occurring in habitats within or adjacent to Naval Station Everett. 
Therefore, lands within this installation are exempt from critical 
habitat designation under section 4(a)(3) of the Act. We are not 
including approximately 8 km (5 mi) of habitat in this final critical 
habitat designation because of this exemption.
Naval Air Station Whidbey Island
    Naval Air Station Whidbey Island in western Washington has an 
approved INRMP. The Naval Station Whidbey Island property includes land 
on or near the shores of Puget Sound that contain important foraging 
and migration habitat for amphidromous bull trout. This installation 
includes approximately 16 km (10 mi) of marine nearshore habitat. Naval 
Aviation Station Whidbey Island's INRMP benefits bull trout through (1) 
monitoring and managing livestock grazing to avoid or minimize impacts 
to nearshore habitat used by bull trout, (2) managing road building and 
maintenance to prevent erosion and sedimentation of nearshore habitat 
used by bull trout , (3) assuring proper disposal of hazardous 
materials, and (4) implementation of its Integrated Pest Management 
Plan's best management practices to protect aquatic habitats used by 
bull trout.
    Based on the above considerations and in accordance with section 
4(a)(3)(B)(i) of the Act, we have determined that the identified lands 
are

[[Page 63946]]

subject to the Naval Air Station Whidbey Island INRMP and that 
conservation efforts identified in the INRMP will provide a benefit to 
bull trout occurring in habitats within or adjacent to Naval Air 
Station Whidbey Island. Therefore, lands within this installation are 
exempt from critical habitat designation under section 4(a)(3) of the 
Act. We are not including approximately 16 km (10 mi) of habitat in 
this final critical habitat designation because of this exemption.
U.S. Army Fort Lewis Installation
    The U.S. Army Fort Lewis Installation (Fort Lewis) located in 
western Washington has an approved INRMP. Fort Lewis borders the 
Nisqually River and Puget Sound, where the mainstem Nisqually River and 
Puget Sound nearshore bordering this property contain important 
foraging and migration habitat for amphidromous bull trout. This 
installation includes approximately 24 km (15 mi) of stream and 3.5 km 
(2 mi) of marine nearshore habitat. The INRMP for Fort Lewis identifies 
two key objectives for bull trout and salmon: (1) Protect key habitat 
characteristics, and (2) Enhance riparian and in-stream habitat. 
Strategies to achieve these benefits to bull trout include (1) 
protecting and enhancing wetlands and other aquatic habitats-all 
wetlands are protected with 90 meter (300 foot) wide riparian buffers 
to maintain cold water temperatures, to prevent sediment from entering 
the streams, and to provide for woody debris which creates habitat 
complexity; (2) controlling invasive plant species that often diminish 
water quality and impact native plants and animals; (3) restoring 
riparian habitat in-stream habitats and controlling non-native and 
invasive vegetation to improve bull trout foraging habitat; (4) 
reconnecting side channels and floodplains to maintain areas for 
refugia and juvenile rearing and to supplement adult holding capacity; 
and (5) decommissioning roads to minimize erosion and sediment delivery 
and replacing undersized culverts to eliminate fish passage barriers.
    Based on the above considerations and in accordance with section 
4(a)(3)(B)(i) of the Act, we have determined that the identified lands 
are subject to the Fort Lewis INRMP and that conservation efforts 
identified in the INRMP will provide a benefit to bull trout occurring 
in habitats within or adjacent to Fort Lewis. Therefore, lands within 
this installation are exempt from critical habitat designation under 
section 4(a)(3) of the Act. We are not including approximately 27.5 km 
(17 mi) of habitat in this final critical habitat designation because 
of this exemption.
Summary
    Habitat features essential to bull trout conservation are present 
within or immediately adjacent to each of these DOD installations, and 
each installation has an approved INRMP. Activities occurring on these 
installations are being conducted in a manner that provides a benefit 
to bull trout.
    Based on the above considerations, and in accordance with section 
4(a)(3)(B)(i) of the Act, we have determined that the identified lands 
are subject to the Bayview Acoustic Research Detachment Naval Surface 
Warfare Center, Naval Radio Station Jim Creek, Naval Air Station 
Whidbey Island, Naval Station Everett, and Fort Lewis INRMPs, and that 
conservation efforts identified in the INRMPs will provide a benefit to 
bull trout occurring in habitats within or adjacent to these 
facilities. Therefore, lands within these installations are exempt from 
critical habitat designation under section 4(a)(3) of the Act. As a 
result, we are not including a total of approximately 7.0 ha (17.3 ac) 
and 52.5 km (32.7 mi) of habitat in these DOD installations in this 
final critical habitat designation because of these exemptions.

Exclusions

Application of Section 4(b)(2) of the Act

    Section 4(b)(2) of the Act states that the Secretary must designate 
and revise critical habitat on the basis of the best available 
scientific data after taking into consideration the economic impact, 
national security impact, and any other relevant impact of specifying 
any particular area as critical habitat. The Secretary may exclude an 
area from critical habitat if he determines the benefits of such 
exclusion outweigh the benefits of specifying such area as part of the 
critical habitat, unless he determines, based on the best scientific 
data available, that the failure to designate such area as critical 
habitat will result in the extinction of the species. In making that 
determination, the legislative history is clear that the Secretary has 
broad discretion regarding which factor(s) to use and how much weight 
to give to any factor.
    Under section 4(b)(2) of the Act, we may exclude an area from 
designated critical habitat based on economic impacts, impacts on 
national security, or any other relevant impacts. In considering 
whether to exclude a particular area from the designation, we must 
identify the benefits of including the area in the designation, 
identify the benefits of excluding the area from the designation, and 
determine whether the benefits of exclusion outweigh the benefits of 
inclusion. If based on this analysis, the Secretary makes this 
determination, then he can exercise his discretion to exclude the area 
only if such exclusion would not result in the extinction of the 
species.
    When considering the benefits of inclusion for an area, we consider 
the additional regulatory benefits under section 7 of the Act that area 
would receive from the protection from adverse modification or 
destruction as a result of actions with a Federal nexus, the 
educational benefits of mapping essential habitat for recovery of the 
listed species, and any benefits that may result from a designation due 
to State or Federal laws that may apply to critical habitat.
    When considering the benefits of exclusion, we consider, among 
other things, whether exclusion of a specific area is likely to result 
in conservation; the continuation, strengthening, or encouragement of 
partnerships; or implementation of a management plan that provides 
equal to or more conservation that a critical habitat designation would 
provide.
    In the case of bull trout, the benefits of critical habitat include 
public awareness of bull trout presence and the importance of habitat 
protection, and in cases where a Federal nexus exists, increased 
habitat protection for bull trout due to the protection from adverse 
modification or destruction of critical habitat.
    In evaluating the existence of a conservation plan when considering 
the benefits of exclusion, we consider a variety of factors, including 
but not limited to, whether the plan is finalized; how it provides for 
the conservation of the essential physical and biological features; 
whether there is a reasonable expectation that the conservation 
management strategies and actions contained in a management plan will 
be implemented into the future; whether the conservation strategies in 
the plan are likely to be effective; and whether the plan contains a 
monitoring program or adaptive management to ensure that the 
conservation measures are effective and can be adapted in the future in 
response to new information.
    After evaluating the benefits of inclusion and the benefits of 
exclusion, the two sides are carefully weighed to determine whether the 
benefits of exclusion outweigh those of inclusion. If they do, we then 
determine whether exclusion of the particular area would result in 
extinction of the species. If

[[Page 63947]]

exclusion of an area from critical habitat will result in extinction, 
it will not be excluded from the designation.
    Based on the information provided by entities seeking exclusion, as 
well as any additional public comments we received, we evaluated 
whether certain lands in the proposed critical habitat were appropriate 
for exclusion from this final designation. We considered the areas 
discussed below for exclusion under section 4(b)(2) of the Act, and 
present our detailed analysis below. For those areas in which the 
Secretary has exercised his discretion to exclude, we believe that:
    (1) Their value for conservation will be preserved for the 
foreseeable future by existing protective actions, or
    (2) The benefits of excluding the particular area outweigh the 
benefits of their inclusion, based on the ``other relevant factor'' 
provisions of section 4(b)(2) of the Act.
    A total of 3,094.9 km (1,923.1 mi) of streams and marine shoreline 
(8.5 percent of the area proposed as critical habitat) and 7,849.3 ha 
(19,395.8 ac) of reservoirs and lakes (3.6 percent of the area proposed 
as critical habitat) have been excluded from designation as critical 
habitat. Of the total length of stream habitat excluded, 348 km (216.3 
mi) is marine shoreline. Tables 8 and 9 reflect the total stream 
shoreline and reservoir and lake surface areas excluded in each State, 
and Tables 10 and 11 presents the ownership or other plan information 
for these areas. Maps showing excluded habitats are available upon 
request by contacting the Idaho Fish and Wildlife Office; see the 
ADDRESSES section.

  Table 6.--Stream/Shoreline Distance Excluded From Bull Trout Critical
                    Habitat by Critical Habitat Unit
------------------------------------------------------------------------
       Critical habitat unit            Kilometers           Miles
------------------------------------------------------------------------
1. Olympic Peninsula..............              553.5              343.9
1. Olympic Peninsula (Marine).....              144.6               89.9
2. Puget Sound....................              876.9              544.9
2. Puget Sound (Marine)...........              203.4              126.4
3. Lower Columbia River Basins....              155.6               96.7
6. Lower Deschutes River..........              230.4              143.2
8. Mainstem Lower Columbia River..                1.7                1.1
10. Upper Columbia River Basins...              119.7               74.4
11. Yakima River..................              288.7              179.4
12. John Day River................               28.5               17.7
13. Umatilla River................               48.7               30.3
14. Walla Walla River Basin.......               69.0               42.9
15. Lower Snake River Basins......               13.4                8.3
16. Grande Ronde River............                1.0                0.6
22. Mainstem Upper Columbia River.                2.5                1.6
30. Kootenai River Basin..........               66.2               41.1
31. Clark Fork River Basin........              209.0              129.9
32. Saint Mary River Basin........               82.1               51.0
         Total....................            3,094.9            1,923.1
------------------------------------------------------------------------


 Table 7.--Area of Reservoirs or Lakes Excluded From Bull Trout Critical
                    Habitat by Critical Habitat Unit
------------------------------------------------------------------------
       Critical habitat unit             Hectares            Acres
------------------------------------------------------------------------
2. Puget Sound....................            1,629.5            4,026.6
3. Lower Columbia River Basins....            4,856.1           11,999.7
6. Lower Deschutes River..........              445.3            1,100.4
31. Clark Fork River Basin........               32.2               79.7
32. Saint Mary River Basin........              886.1            2,189.5
         Total....................            7,849.3           19,395.8
------------------------------------------------------------------------


  Table 8.--Stream/Shoreline Distance Excluded From Bull Trout Critical
                            Habitat by State
------------------------------------------------------------------------
               State                    Kilometers           Miles
------------------------------------------------------------------------
Montana...........................              271.4              168.6
Oregon............................              307.6              191.1
Washington........................            2,163.7            1,344.5
Washington Marine.................              348.0              216.2
Washington/Oregon.................                4.2                2.6
        Total.....................            3,094.9            1,923.1
------------------------------------------------------------------------


 Table 9.--Area of Reservoirs or Lakes Excluded From Bull Trout Critical
                            Habitat by State
------------------------------------------------------------------------
               State                     Hectares            Acres
------------------------------------------------------------------------
Montana...........................              918.3            2,269.2
Oregon............................              445.3            1,100.4
Washington........................            6,485.6           16,026.3
        Total.....................            7,849.3           19,395.8
------------------------------------------------------------------------


[[Page 63948]]


 Table 10.--Stream/Shoreline Distance Excluded From Bull Trout Critical
             Habitat based on tribal ownership or other plan
------------------------------------------------------------------------
             Ownership                  Kilometers           Miles
------------------------------------------------------------------------
Lewis River Hydro Conservation                    7.0                4.3
 Easements........................
DOD - Dabob Bay Naval.............               23.9               14.8
HCP - Cedar River (City of                       25.8               16.0
 Seattle).........................
HCP - WA Forest Practices Lands...            1,608.3              999.4
HCP - Green Diamond (Simpson).....              104.2               64.7
HCP - Plum Creek Central Cascades                15.8                9.8
 (WA).............................
HCP - Plum Creek Native Fish (MT).              181.6              112.8
HCP-Stimson                                       7.7                4.8
HCP - WDNR Lands..................              230.9              149.5
Tribal - Blackfeet................               82.1               51.0
Tribal - Hoh......................                4.0                2.5
Tribal - Jamestown S'Klallam......                2.0                1.2
Tribal - Lower Elwha..............                4.6                2.8
Tribal - Lummi....................               56.7               35.3
Tribal - Muckleshoot..............                9.3                5.8
Tribal - Nooksack.................                8.3                5.1
Tribal - Puyallup.................               33.0               20.5
Tribal - Quileute.................                4.0                2.5
Tribal - Quinault.................              153.7               95.5
Tribal - Skokomish................               26.2               16.3
Tribal - Stillaguamish............                1.8                1.1
Tribal - Swinomish................               45.2               28.1
Tribal - Tulalip..................               27.8               17.3
Tribal - Umatilla.................               62.6               38.9
Tribal - Warm Springs.............              260.5              161.9
Tribal - Yakama...................              107.9               67.1
        Total.....................            3,094.9            1,923.1
------------------------------------------------------------------------


Table 11.--Area of Reservoirs or Lakes Excluded From Bull Trout Critical
                Habitat by Tribal Ownership or other plan
------------------------------------------------------------------------
             Ownership                   Hectares            Acres
------------------------------------------------------------------------
HCP - Cedar River (City of                      796.5            1,968.2
 Seattle).........................
HCP - WA Forest Practices Lands...            5,689.1           14,058.1
HCP - Plum Creek Native Fish......               32.2               79.7
Tribal - Blackfeet................              886.1            2,189.5
Tribal - Warm Springs.............              445.3            1,100.4
        Total.....................            7,849.3           19,395.8
------------------------------------------------------------------------

Exclusions Based on National Security Impacts

    Under section 4(b)(2) of the Act, we consider whether there are 
lands owned or managed by the Department of Defense where a national 
security impact might exist. The Navy conducts essential open water 
training and testing within the marine waters of Hood Canal fiord 
within: (1) the Dabob Bay Range Complex (DBRC) (which includes (a) the 
Dabob Bay Military Operating Area, (b) DBRC Connecting Waters, and (c) 
DBRC Southern Extension), and (2) the marine waters of the Washington 
Coast within the Quinault Underwater Tracking Range (QUTR) and its 
proposed surf zone corridors. These areas encompass important marine 
nearshore habitat used by amphidromous bull trout for foraging and 
migration.
    The DBRC and QUTR are part of the Navy's larger Keyport Range 
Complex (NUWC), and are primarily used for providing test and 
evaluation services critical to undersea warfare. NUWC Keyport testing 
and training activities to support military readiness requires 
precision underwater tracking capabilities, underwater range sites 
offering diverse environments, and varied water depths to meet the 
Navy's mission of test and evaluation of underwater systems. Because 
these activities are conducted in open marine waters rather than on DOD 
installations, they are not included in the Navy's INRMP, and thus may 
not be exempted from critical habitat designation. The Navy has 
requested exclusion from critical habitat designation of these areas in 
the current revision of critical habitat for the bull trout. 
Previously, portions of these ranges have been designated as critical 
habitat for the bull trout and other species, by both NOAA Fisheries 
and the Service. Biological assessments evaluating the operational 
effects on endangered species have been reviewed and approved by NOAA 
Fisheries and the Service. These biological assessments, and associated 
environmental assessments, addressed bull trout and their interactions 
with military range operations.
    Of particular concern to the Service are the proposed surf zone 
access corridors in the DBRC and QUTR, which lead to the open water 
parts of these testing ranges, and which are areas that we proposed as 
critical habitat for bull trout. Accordingly, the proposed surf zone 
corridors were the focus of our section 4(b)(2) analysis in the DBRC 
Southern Extension and QUTR. The analysis for these surf zone corridors 
follows.
(1) Benefits of Inclusion
    Habitat containing features essential to bull trout conservation 
occurs within or immediately adjacent to these marine water training 
and testing grounds. The primary benefit of designating critical

[[Page 63949]]

habitat in each of the areas of interest to the Navy would be that 
Federal agencies would need to consult with us under section 7 of the 
Act to ensure that any proposed action would not destroy or adversely 
modify critical habitat. An additional benefit of including lands in 
critical habitat is that designation of critical habitat serves to 
educate landowners, State and local governments, and the public 
regarding the potential conservation value of an area. This helps focus 
and promote conservation efforts by other parties by clearly 
delineating areas of high conservation value for bull trout. Because 
the critical habitat process includes multiple public comment periods, 
opportunities for public hearings, and announcements through local 
venues, the designation of critical habitat provides numerous occasions 
for public education and involvement. Through these outreach 
opportunities, landowners, State agencies, and local governments can 
become more aware of the plight of listed species and conservation 
actions needed to aid in species recovery. Through the critical habitat 
process, State agencies and local governments may become more aware of 
areas that could be conserved under State law, local ordinances, or 
specific management plans.
    Additionally, bull trout critical habitat was designated in the 
DBRC Southern Extension area in the 2005 critical habitat rule, and the 
Navy has already consulted with us on their proposed actions in this 
area. The anadromous life history form of bull trout is now rare in 
Hood Canal, which is part of the access to this testing range and is 
important in order to address potential impacts to nearshore habitat to 
ensure future recovery. Shoreline areas provide subadult rearing and 
adult foraging habitat. Including this area in the critical habitat 
designation will ensure that proposed Federal actions by the Navy and 
other entities (such as activities permitted by the U.S. Army Corps of 
Engineers or Federally funded State park projects) would not result in 
the destruction or adverse modification of critical habitat. Since we 
have already consulted with the Navy on the DBRC Southern Extension, we 
know that designation of critical habitat has had minimal, if any, 
impact to their operations in that area.
    The Navy has also consulted with us on one of the three proposed 
surf zone corridors associated with the QUTR, and it was determined 
that effects of their actions were not likely to adversely affect bull 
trout critical habitat. We would anticipate similar determinations for 
the other two proposed surf zone corridors, based on the temporary 
nature of surf zone operations. In addition, the Navy informed us that 
although a preferred alternative has been identified, a final decision 
on the selection of one of three alternative sites for the surf zone 
portion of the QUTR will not be confirmed until later this year. The 
Navy expressed concern regarding the possible need to conduct emergency 
cable maintenance in the preferred surf zone corridor area. If the 
selected area overlaps critical habitat and adverse effects may occur, 
the Service can conduct emergency consultation under section 7 of the 
Act.
    By retaining these areas as critical habitat, the designation may 
educate the public regarding their potential conservation value, and 
contribute to conservation efforts by other parties. Each of the three 
surf zone corridor locations in the QUTR was designated as critical 
habitat for the southern distinct population segment of the North 
American green sturgeon (Acipenser medirostris) on October 9, 2009 (74 
FR 52300) by NOAA Fisheries. Also, the DBRC Southern Extension was 
designated as critical habitat for the Hood Canal summer run chum 
salmon and Chinook salmon by NOAA Fisheries (70 FR 37160, June 28, 
2005). This means that the Navy would need to consult on those species 
in any case, so the retention of bull trout critical habitat in the 
same area should have little, if any, additional impact. If we were to 
exclude this area for national security reasons, that would be 
inconsistent with the NOAA Fisheries designation of critical habitat 
for the green sturgeon, chum salmon, and Chinook salmon in these areas. 
Critical habitat designation is needed so we can evaluate potential 
impacts of all Federal actions in these nearshore areas, which are 
essential for recovery. Exclusion of the area for the Navy would 
preclude our ability to do so.
(2) Benefits of Exclusion
    The Navy states that analysis of past and present NUWC Keyport 
activities have not shown impacts to water quality, water quantity, or 
food availability, but believe that designation of critical habitat for 
bull trout may unnecessarily restrict or prohibit their activities. 
Restrictions on the access, use, or enhancement of capabilities and 
capacities of these ranges would limit or curtail both testing and 
mission-critical Fleet Support functions performed by NUWC Keyport for 
undersea warfare. Designating critical habitat on these open water 
training and testing areas may impact their role in supporting ongoing 
military exercises and operations that occur at these locations. The 
military activities occurring at these sites are currently being 
conducted in a manner that minimizes impacts to bull trout habitat. In 
addition, nearshore areas adjacent to Navy installations and those 
areas designated as marine security areas or restricted zones provide 
some additional conservation benefits, as recreational and commercial 
vessels are prohibited from entering, mooring, anchoring, or fishing in 
these areas. The Navy already consults with us on their actions 
occurring in the open water training and testing areas that may have 
potential impacts to bull trout and its habitat under section 7 
requirements.
(3) Determination of Whether Benefits of Exclusion Outweigh the 
Benefits of Inclusion

Dabob Bay Military Operating Area and Connecting Waters

    The benefits of designating critical habitat in the Dabob Bay 
Military Operating Area and Connecting Waters appear to be limited. In 
contrast, these areas are important to Navy operations and support 
national security by ensuring the Navy can maintain a high level of 
military readiness. Accordingly, we have determined that the national 
security benefit of excluding areas within or adjacent to the open 
water training and testing areas of the Military Operating Area and 
Connecting Waters of the DBRC outweighs the benefit of designating 
these areas as critical habitat. In addition, because these marine 
waters are occupied by bull trout, the Navy has a statutory duty under 
section 7 of the Act to ensure that its activities do not jeopardize 
the continued existence of the bull trout. In accordance with section 
4(b)(2) of the Act, we have also determined that the exclusion of these 
marine waters will not lead to the extinction of the bull trout.

Dabob Bay Range Complex Southern Extension and Quinault Underwater 
Tracking Range

    We have determined the benefits of exclusion do not outweigh the 
benefits of inclusion of nearshore habitat within or adjacent to the 
DBRC Southern Extension and QUTR surf zone corridors. Shoreline areas 
provide important subadult rearing and adult foraging habitat, are 
essential habitat for the anadromous life history form of bull trout, 
and thus they are essential to the recovery of the bull trout. We have 
already consulted with the Navy on both the DBRC Southern Extension and 
the preferred action area in the QUTR surf zone, as a result of the 
2005 critical

[[Page 63950]]

habitat designation for bull trout. The designation has had minimal 
impact to their operations in those areas. On the other hand, there is 
a benefit to retaining these areas in the critical habitat designation, 
so that the Navy will continue to consult with us on proposed actions 
in these areas, to ensure that such actions would not result in the 
destruction or adverse modification of critical habitat. The inclusion 
of areas encompassing the proposed surf zone corridors will ensure 
continued cooperation and consultation between the Navy and the Service 
in those areas associated with the DBRC Southern Extension and the 
QUTR.
    In addition, there are other possible Federal actions conducted by 
other entities that may occur within or adjacent to the DBRC Southern 
Extension that could impact important bull trout habitat. Therefore, we 
find that the benefits of excluding the DBRC Southern Extension and 
QUTR surf zones do not outweigh the benefits of inclusion, and these 
areas are not excluded from critical habitat designation. Critical 
habitat designation is needed so we can evaluate potential impacts of 
all Federal actions in these nearshore areas, which are essential for 
recovery. Exclusion of these areas for the Navy would preclude our 
ability to do so.

Exclusions Based on Other Relevant Factors

    Under section 4(b)(2) of the Act, we consider any other relevant 
impacts, in addition to economic impacts and impacts to national 
security. We consider a number of factors including whether the 
landowners have developed any HCPs or other management plans for the 
area, or whether there are conservation partnerships that would be 
encouraged by designation of, or exclusion from, critical habitat. In 
addition, we look at any tribal issues, and consider the government-to-
government relationship of the United States with tribal entities. We 
also consider any social impacts that might occur because of the 
designation.
Habitat Conservation Plans
    We consider a current plan (HCPs as well as other types) to provide 
adequate management or protection for bull trout and its habitat if it 
meets the following criteria:
    (1) The plan is complete and provides the same or better level of 
protection from adverse modification or destruction than that provided 
through a consultation under section 7 of the Act;
    (2) There is a reasonable expectation that the conservation 
management strategies and actions will be implemented for the 
foreseeable future and effective, based on past practices, written 
guidance, or regulations; and
    (3) The plan provides adaptive management and conservation 
strategies and measures consistent with currently accepted principles 
of conservation biology.
    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 habitat conservation 
plan (HCP), and specifies the content of such a plan. The purpose of 
conservation agreements 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. In our assessment of conservation 
agreements associated with this final rulemaking, the analysis required 
for these types of exclusions involves careful consideration of the 
benefits of designation versus the benefits of exclusion. The benefits 
of designation typically arise from additional section 7 protections, 
as well as enhanced public awareness once specific areas are identified 
as critical habitat. The benefits of exclusion generally relate to 
relieving regulatory burdens on existing conservation partners, 
maintaining good working relationships with them, and encouraging the 
development of new partnerships.
    During the comment period, we received comments from five 
landowners or managers with HCPs that include bull trout as covered 
species. These HCPs include the Washington Department of Natural 
Resources (WDNR), Green Diamond Resources Company, City of Seattle 
Cedar River Watershed, Plum Creek/Stimson Lumber Company Native Fish, 
Plum Creek Central Cascades, and Washington State Forest Practices 
HCPs. These permittees commented that they perceive the designation of 
critical habitat as imposing a regulatory burden. They also view the 
exclusion from critical habitat designation as removing that burden and 
strengthening the ongoing relationship with the Service. All six 
permittees indicated they would consider exclusion as a benefit to our 
ongoing relationship. Our summary analysis of the benefits of 
designation versus the benefits of exclusion for these six HCPs is 
provided below. The specific section 4(b)(2) analysis for each of the 
HCPs is described in detail in the ``Compilation of HCP Exclusion 
Analyses for the Designation of Bull Trout Critical Habitat (Including 
Exclusion Analysis for Certain Areas Managed Under the Lewis River 
Hydroelectric Projects),'' available at http://www.fws.gov/pacific/bulltrout/.
    The Chelan County Washington Public Utility District also requested 
exclusion from bull trout critical habitat designation for their Mid-
Columbia HCP. However, since bull trout was not a covered species in 
this HCP, and the actions conducted under the HCP did not address the 
PCEs for bull trout, we determined that the HCP did not meet the basic 
criteria for consideration for exclusion.

WDNR HCP

    The WDNR HCP, was permitted under section 10(a)(1)(B) of the Act in 
1997, and covers about 650,000 ha (1,600,000 ac) of State forest trust 
lands within the range of the northern spotted owl in the State of 
Washington. The majority of the HCP (approximately 530,000 ha 
(1,300,000 ac)) occurs west of the Cascade Crest and includes the 
Olympic Peninsula and Southwest Washington. The remainder of the HCP 
occurs on the east side of the Cascade Mountains within the range of 
the northern spotted owl. The HCP covers activities primarily 
associated with commercial forest management. It is an ``all-species'' 
HCP west of the Cascade Crest, and includes bull trout and other 
salmonids as covered species. The aquatic conservation strategy for the 
west side planning units has two objectives: (1) To maintain or restore 
salmonid freshwater habitat on WDNR managed lands; and (2) to 
contribute to the conservation of other aquatic and riparian obligate 
species. The HCP Implementation Procedures for the Riparian Forest 
Restoration Strategy detail site-specific methods for riparian 
management to address the appropriate volume and density of instream 
large woody debris, a high degree of stream shading, the ability to 
intercept harmful sediments, stream bank stability, reduction of 
excessive windthrow, and the ability to contribute detrital nutrients. 
Timber harvest is avoided that could increase the frequency or severity 
of slope failure or would alter the natural input of large woody 
debris, gravel, or fine sediment

[[Page 63951]]

to streams. Comprehensive road management provides for fish passage, 
minimizes hydrologic disruption, and reduces delivery of fine 
sediments, while allowing large woody debris to be transported 
downstream.
    The WDNR HCP is providing conservation benefits to bull trout that 
contribute to recovery, based on its landscape conservation strategy 
specifically designed for multiple species. Although the primary 
benefits to bull trout occur from the riparian strategy, the other 
aspects of the landscape conservation strategy provide contributions to 
bull trout as well. The spotted owl and marbled murrelet strategies, in 
conjunction with the range of forest types across the landscape, 
contribute to bull trout habitat primarily through improved watershed 
conditions. Other provisions of the HCP also contribute to recovery of 
bull trout, including protecting unstable hillslopes, properly managing 
forest roads, managing forests to minimize rain-on-snow floods, and 
protecting wetlands.
    The HCP protects surface and subsurface water connectivity through 
a variety of diverse mechanisms. Mineral springs receive specific 
protection to address band-tailed pigeons, but these same protections 
would benefit bull trout. Other springs or seeps that result in 
perennial or intermittent channels or wetlands may be addressed through 
those conservation provisions. The HCP addresses wetlands and 
hydrological integrity and connectivity, which includes provisions for 
both forested and nonforested wetlands. Wetland prescriptions 
throughout the HCP area are designed to protect water quality and 
hydrologic integrity and connectivity, including hyporheic flow (flow 
involving a mixing of shallow groundwater and surface water). Roads are 
designed to avoid disrupting surface and ground-water flows by 
minimizing ground-water interception and returning water to the forest 
floor immediately through proper construction standards, thus 
minimizing infrastructure impacts on basin hydrology. Road management 
is designed to disconnect ditches and road intercepts from the stream 
system to reduce delivery of sediment, but also to slow the delivery of 
storm-related run-off and reduce the contribution to peak flows.
    Standards are also in place to ensure water quality and quantity 
adequate to provide for a barrier-free environment for bull trout, and 
roads are managed in a manner to avoid creating migratory barriers. In 
addition, any existing road barriers will be addressed through 
remediation. The HCP maintains the natural hydrology and riparian 
functions of large wood input, shade, bank stability, detrital inputs, 
and the natural functions of flood plains and unstable slopes. The HCP 
addresses the need for complex habitat by prescribing riparian buffers 
along streams and wetlands that contribute to large woody debris 
recruitment and maintain stream bank integrity. It addresses sediment 
by ensuring that the stream system is not disrupted by the road 
network, and that ditch and road run-off is disconnected from the 
stream system.
    Fish-bearing streams receive site-potential (100-year index) 
buffers that generally average 46 to 49 m (150 to 160 ft), and non-
fish-bearing streams wider than 0.6 m (2 ft) receive 30 m (100 ft) 
buffers. Small headwater streams (less than 0.6 m (2 ft) in width) are 
often addressed through unstable slopes and features identification, or 
alternatively through the development of a strategy focused on these 
stream types. Although the stream-buffering prescriptions are based on 
slightly different features within the Olympic Experimental State 
Forest, they generally resemble the west side prescriptions, which are 
designed to provide equivalent protection of instream habitat for bull 
trout, by supporting large wood and other riparian functional 
processes.
    The HCP includes provisions to manage forest cover in the rain-on-
snow subbasins to reduce the frequency of major storm flows that are 
capable of shifting instream habitat structure. The HCP has also been 
designed to substantially reduce the amount of coarse and fine 
sediments transported downstream that could further simplify and 
degrade habitat conditions. The WDNR recognized stream temperature 
increases can be related to and caused by interruption of hydrology, 
riparian removal, increased sedimentation, and simplification of 
habitat; the HCP addressed this concern. The riparian buffers on 
streams and wetlands are designed to provide natural levels of shade to 
avoid increasing sunlight that could result in stream warming. In 
addition, road and wetland prescriptions are designed to maintain 
natural hydrological regime so that streams are not abnormally dry 
during periods of the year when this could exacerbate warming problems. 
Stream buffers and road standards also address sediment delivery, which 
will in turn avoid artificial filling of pools that could lead to 
increased stream warming.
    Reducing road-generated fine sediment is a major focus of the HCP, 
and considerable focus is placed on road maintenance, repair, and 
improved construction standards. In addition, road remediation of 
existing road-related problems is a major component. The WDNR has 
already decommissioned many stream-side roads and addressed a number of 
road segments with a high-level of concern regarding aquatic impacts. 
The HCP is designed to keep slope failures at natural levels, which 
serves to reduce the delivery of fine sediments, but recognizes the 
contribution of these processes to supplying gravel needed for aquatic 
substrates. Once material has been delivered to the stream, large woody 
debris and other channel features sort substrate by particle size. 
Therefore, the HCP addresses bank stability and large wood recruitment 
that should help store fine sediment and provide for suitable 
substrates for bull trout spawning. The HCP is also designed to 
maintain floodplains and wetlands in a manner that retains the 
functions of the hyporheic zone and off-channel habitats, and protect 
water quality and quantity, which should assist native fish in 
maintaining a competitive advantage over nonnative species.

Green Diamond HCP

    In October 2000, Simpson Timber Company (now Green Diamond) 
completed an HCP (formerly referred to as the Simpson Timber HCP and 
currently referred to as the Green Diamond HCP), and the Service issued 
an incidental take permit for forestry operations on over 105,625 ha 
(261,000 ac) of the company's Washington timberlands located on or 
adjacent to the Olympic Peninsula in Mason, Thurston, and Grays Harbor 
Counties. The HCP covers the land owned by Green Diamond along the 
lower reaches of the North Fork and South Fork Skokomish Rivers, the 
upper South Fork Skokomish River, West Fork Satsop River, and Canyon 
River. The plan addresses five species listed under the Act, including 
bull trout, and 46 other non-listed species.
    The HCP is designed to conserve riparian forests, improve water 
quality, prevent management-related hill-slope instability, and address 
hydrological maturity of small sub-basins. The HCP prescriptions for 
riparian and wetland areas focus on the following functions: 
recruitment of woody debris to streams and the forest floor, shade and 
control of stream-side air temperature, stream-bank stability, detrital 
inputs, capture and storage of sediment and organic matter on the 
floodplain, maintenance and augmentation of nutrient dynamics and 
processing, groundwater discharge, base-flow support in streams, and 
flood amelioration. HCP actions are also expected to maintain the 
thermal regime

[[Page 63952]]

of streams within the range of normal variation and contribute to the 
maintenance of complex stream channels, appropriate substrates, a 
natural hydrologic regime, ground-water sources and subsurface 
connectivity, migratory corridors, and an abundant food base.
    The HCP road program is addressing legacy, current, and future 
roads. Prescriptions and standards address the chronic production and 
movement of fine sediment, and the catastrophic failure of road fills 
and sidecast that generate and propagate hillslope and channel 
failures. Unstable slope prescriptions require identification of these 
areas and avoidance of management activities that could trigger mass-
wasting processes (slope failure). Road prescriptions are intended to 
avoid disrupting surface and ground-water flows, and specific road 
remediation is being directed at restoring wetlands. Roads are also 
being managed so they do not contribute to the formation of barriers, 
and existing road-related barriers are being corrected. Road management 
is designed to disconnect ditches (and ground water intercepted by 
roads) from the stream system to reduce delivery of sediment, and also 
to slow the delivery of storm-related run-off and reduce the 
contribution to peak flows. Ditch water and road run-off is delivered 
in a diffuse manner to the forest floor.
    In subbasins within the rain-on-snow zone, prescriptions address 
the maintenance of sufficient mature forest canopy to reduce the 
frequency of major storm flows that are capable of shifting instream 
habitat structure. Road-related prescriptions also address diffusing 
water to reduce the potential for roads to accelerate the delivery of 
water and exacerbate peak flow problems.
    The HCP protects surface and subsurface water connectivity through 
a variety of diverse mechanisms. Springs and seeps that form perennial 
or intermittent channels are addressed through conservation provisions, 
and all perennial streams are protected with riparian buffers. 
Intermittent streams also receive protection in a manner that optimizes 
their functional needs. The HCP addresses wetlands and hydrological 
integrity, and connectivity for both forested and nonforested wetlands. 
In addition, all riverine unstable-slope-associated wetlands are 
buffered, and protection is provided for depressional wetlands, stable-
slope wetlands, and wetlands on flat terrain. Wetland prescriptions 
(and prescriptions for management of wetland complexes) throughout the 
HCP area are designed to protect water quality and hydrologic integrity 
and connectivity.
    The Green Diamond HCP includes measures to ensure that water 
quality and quantity conditions in the water column maintain a barrier-
free environment for bull trout. The HCP maintains the natural 
hydrology and riparian functions of large wood input, shade, bank 
stability, and detrital inputs by providing buffers along streams and 
wetlands. The HCP is also designed to substantially reduce the amount 
of coarse and fine sediments transported downstream that could further 
simplify and degrade habitat conditions.
    Stream temperature is being addressed in a number of ways, 
including establishing buffers to provide shade, implementing road-
management practices that avoid sedimentation, and maintaining natural 
hydrologic regimes that contribute cool water to streams. Stream and 
wetland buffers are designed to provide natural levels of shade, and to 
avoid increasing sunlight, which could result in stream warming. Road 
and wetland prescriptions are designed to maintain natural hydrological 
regime to ensure streams are not abnormally dry during periods of the 
year when warming problems could be exacerbated. Stream buffers and 
road standards also address sediment delivery, which in turn will avoid 
artificial filling of pools, which could lead to increased stream 
warming.
    The HCP addresses the need for natural substrates in a wide variety 
of ways. As described above, reducing road-generated, fine sediment is 
a major focus, and considerable attention is placed on road 
maintenance, repair, and improved construction standards. In addition, 
road remediation of existing road-related problems is a major 
component. The HCP addresses bank stability and large wood recruitment, 
which will help store fine sediment and provide for suitable substrates 
for bull trout spawning. The HCP's provisions to manage forest cover in 
the rain-on-snow subbasins will reduce the frequency of major storm 
flows that are capable of shifting instream habitat structure that 
contributes to sorting and development of suitable substrates, and it 
also is expected to substantially reduce the amount of coarse and fine 
sediments transported downstream. The HCP is designed to protect the 
natural hydrograph, address sediment and stream temperature, and 
maintain floodplains and wetlands in a manner that retains the 
functions of the hyporheic zone and off-channel habitats. HCP 
prescriptions that protect the natural environment will assist native 
fish in maintaining a competitive advantage over nonnative species.
    Some examples of conservation actions conducted under the Green 
Diamond HCP include the placement of large woody debris in streams to 
increase habitat complexity, and the abandonment of 154 km (96 mi) of 
legacy logging roads that do not meet current construction standards. 
Road abandonment included restoring pre-construction hydrology, thereby 
decreasing the opportunity for sediment delivery to adjacent streams. 
Silvicultural treatments have also been applied over 486 ha (1,200 ac) 
of riparian forest to improve aquatic habitat in adjacent streams.

City of Seattle Cedar River Watershed HCP

    In April 2000, the Cedar River Watershed HCP was completed and an 
incidental take permit was issued to the City of Seattle for water 
withdrawal and water supply activities affecting flows in the lower 
Cedar River and reservoir levels in Chester Morse Lake. The plan 
provides for forestry restoration activities including riparian 
thinning, road abandonment, and timber stand improvement on over 36,872 
ha (91,000 ac) in the upper Cedar River Watershed in King County. The 
HCP is designed to provide adequate flows in the lower Cedar River for 
fish spawning and rearing, to manage water levels in Chester Morse Lake 
and Masonry Dam Reservoir to benefit instream flows in the lower river 
and maintain bull trout spawning access to lake tributaries, and to 
manage the upper Cedar River as an ecological reserve.
    The HCP's watershed mitigation management and conservation 
strategies provide comprehensive long-term protection for the watershed 
ecosystem, and include commitments not to harvest timber for commercial 
purposes; placement of forest outside limited development areas in a 
reserve status; measures to protect and restore stream, riparian, and 
upland forest habitats; removal of a large part (approximately 40 
percent) of the existing road network; protective guidelines for 
watershed operations designed to minimize and mitigate impacts of those 
operations; and specific measures to protect species of greatest 
concern and their habitats, including bull trout. Several research 
actions are directed at understanding how all life stages of bull trout 
use Chester Morse Lake and Masonry Pool and how adult bull trout use 
tributaries to the lake for spawning. The HCP covers 83 species of fish 
and wildlife, including bull trout and six other species listed under 
the Act.

[[Page 63953]]

    The HCP covers over 36,872 ha (91,000 ac) of City of Seattle-owned 
land in the upper Cedar River Watershed and the City's water withdrawal 
activities on the lower Cedar River. Seattle owns over 99 percent of 
the lands in the upper Cedar River watershed, which are managed as an 
ecological reserve to protect water quality and preserve the remaining 
old growth timber. Other timber lands in the watershed are actively 
managed to accelerate the development of old growth characteristics, 
mainly though riparian and upland thinning. Roads are being 
decommissioned (removed) at the rate of approximately 16 km (10 mi) per 
year to reduce erosion rates into the lake and its tributaries and to 
minimize disturbance and fragmentation in the upper watershed. This 
activity will maintain a natural hydrological regime so that streams 
are not abnormally dry during periods of the year when this could 
exacerbate warming. Twenty culverts that block fish passage are being 
replaced in the upper watershed.
    The HCP includes provisions to manage almost the entire watershed 
as an ecological reserve, maintaining forest cover where it currently 
exists and allowing for only ecological thinning to occur in selected 
locations in the watershed. This ``no commercial harvest'' approach 
ensures that all springs, seeps, surface waters, groundwater sources, 
and subsurface waters function in a natural state that maintains water 
connectivity and contributes to water quality and quantity. This 
prescription is also expected to protect shade levels to avoid 
increasing sunlight, which can result in stream warming. Because only 
limited ecological thinning will occur, no loss of riparian shading is 
expected under the HCP other than that resulting from natural causes 
(wind throw, fire, etc.). All fish blockages identified on HCP lands 
have been or will be corrected, ensuring migratory corridors with 
minimal physical, biological, or water quality impediments between 
spawning, rearing, overwintering, and foraging habitats. Removal of 
fish blockages will also provide for more naturally maintained stream 
characteristics, including bedload movement, sediment transport, and 
passage of moderately-sized woody debris. The ecological reserve 
created under the HCP maintains the natural hydrology and riparian 
functions of large wood input, shade, bank stability, and detrital 
inputs, as well as natural functions of flood plains and unstable 
slopes.
    The HCP addresses the need for complex habitat by eliminating 
commercial timber harvest in the watershed; outside of selected 
ecological thinning in some riparian areas and upland forest, no 
harvest of trees is allowed under the HCP. Ecological thinning in some 
riparian areas has the advantage of accelerating the growth of the 
remaining riparian trees and increasing the amount of large woody 
debris in the stream. Because only limited ecological thinning will 
occur, no loss of riparian shading is expected under the HCP other than 
that resulting from natural causes (wind throw, fire, etc.). Stream 
temperature will be maintained through a number of measures, including 
no commercial harvest in the watershed, road-management practices that 
avoid sedimentation, and maintenance of natural hydrologic regimes that 
contribute cool water to streams.
    Reducing the influences and scope of roads in the upper Cedar River 
Watershed is a major focus of the HCP, since most harmful sediments 
that impact aquatic habitats are due to poor road construction and 
maintenance. Logging roads in the watershed have impaired bull trout 
habitat by contributing coarse and fine sediments to the stream 
network, so considerable focus has been placed on road maintenance, 
road repair, improved road construction standards, fish barrier 
removal, and road abandonment. Twenty identified fish passage barriers 
are being replaced, or are scheduled to be replaced, which will restore 
fish access to additional habitat, and provide for more naturally 
maintained stream characteristics, including bedload movement, sediment 
transport, and passage of moderately-sized woody debris. Road 
management is designed to disconnect ditches (and ground water 
intercepted by roads) from the stream system to reduce delivery of 
sediment, and also to slow the delivery of storm-related run-off and 
reduce the contribution to peak flows. Road abandonment is designed to 
put-to-bed many roads that would otherwise contribute sediment to 
streams via runoff or mass failure. Approximately 378 km (236 mi) of 
roads, or 38 percent of the watershed road network, will be 
decommissioned at a rate of approximately 16 km (10 mi) of roads per 
year. Approximately 200 km (125 mi) of road have been decommissioned 
within the Cedar River Municipal Watershed since 1989 (http://www.seattle.gov/util/About_SPU/Water_System/Habitat_Conservation_Plan/ManagingtheWatershed/RoadImprovementsDecommissioning/Metrics/SPU02_015774.asp).
    The streams in the upper Cedar River watershed are free-flowing 
water courses that currently provide high-quality habitat for bull 
trout. The goal is to protect the quality and quantity of this habitat 
and take steps to improve and restore other habitat. The HCP includes 
provisions to manage almost the entire watershed as an ecological 
reserve maintaining forest cover where it currently exists and allowing 
for only ecological thinning to occur in selected locations in the 
watershed. The HCP is expected to maintain floodplains and wetlands in 
a manner that retains the functions of the hyporheic zone and off-
channel habitats. Conservation measures in the HCP should result in 
more naturally maintained stream hydraulics, including bedload 
movement, sediment transport, and passage of small and large woody 
debris.
    Water quality and quantity are addressed through a variety of 
mechanisms. In addition to protecting the natural hydrograph and 
addressing sediment and temperature, no chemical applications in the 
watershed are allowed in order to maintain the quality of the public 
drinking water supply. Provisions of the HCP that protect the natural 
environment should assist native fish in maintaining a competitive 
advantage when that is possible. The fact that this is a closed 
watershed, not open to the public, and will remain so under the HCP, 
will help considerably to ensure nonnative species are not introduced 
into the site.

Plum Creek/Stimson Lumber Company Native Fish HCPs

    Plum Creek Timber Company initiated an effort in 1997 to develop a 
conservation strategy for native salmonids (including bull trout), 
occurring on 647,511 ha (1.6 million ac) of Plum Creek's Timberlands in 
Montana, Idaho, and Washington. The stated purpose of the Plum Creek 
Native Fish Habitat Conservation Plan (NFHCP) was to help conserve 
native salmonids and their ecosystems, while allowing Plum Creek to 
continue to conduct commercial timber harvest within a framework of 
long-term regulatory certainty and flexibility. The Stimson Lumber 
NFHCP was created when the Stimson Lumber Company acquired certain 
lands previously owned by Plum Creek and assumed all of the Plum Creek 
NFHCP commitments. The Plum Creek NFHCP covers approximately 566,572 ha 
(1.4 million ac) within the range of the Columbia River basin. The 
Stimpson portion of what was originally the Plum Creek NFHCP covers 
approximately 11,487 ha (28,535 ac).

[[Page 63954]]

 Because of similarities in their conservation measures, the HCPs are 
being analyzed together for purposes of our section 4(b)(2) analysis. 
Both HCPs are designed to maintain the thermal regime of streams within 
the range of normal variation, maintain a high level of water quality, 
and contribute to the maintenance of complex stream channels, 
appropriate substrates, a natural hydrologic regime, ground-water 
sources and subsurface connectivity, migratory corridors, and an 
abundant food base. The HCPs are is designed to benefit the aquatic 
environment by providing a gradual improvement in the cold and clean 
water as well as complex and connected habitat necessary for protection 
and restoration of bull trout.
    The HCPs protect surface and subsurface water connectivity through 
a variety of diverse mechanisms. Springs and seeps that form perennial 
or intermittent channels are addressed through conservation provisions; 
all perennial streams are protected with riparian buffers, and 
intermittent streams receive protection to optimize their functional 
needs. The HCPs address wetlands and hydrological integrity and 
connectivity, including forested and nonforested wetlands. Wetland 
prescriptions (and prescriptions for management of wetland complexes) 
throughout the HCP areas protect water quality and hydrologic integrity 
and connectivity. Roads are designed to avoid disrupting surface and 
ground-water flows, and road remediation is specifically directed at 
wetlands. Reducing road-generated, fine sediment is a major focus of 
the HCPs, and considerable focus is placed on road maintenance, repair, 
and improved construction standards. In addition, road remediation of 
existing road-related problems is a major component. Road management is 
designed to disconnect ditches (and ground water intercepted by roads) 
from the stream system to reduce delivery of sediment, and to slow the 
delivery of storm-related run-off, thereby reducing road contributions 
to peak flows.
    The HCPs include measures to ensure that water quality and quantity 
conditions in the water column do not present a barrier to bull trout, 
and maintain the natural hydrology and riparian functions of large wood 
input, shade, bank stability, detrital inputs, as well as natural 
functions of flood plains and unstable slopes. They address the need 
for complex habitat by providing buffers along streams and wetlands; 
these buffers are expected to contribute to large woody debris 
recruitment and maintain stream bank integrity. They also address 
sediment, which has the potential to simplify and degrade instream 
habitat conditions by focusing on addressing mass-wasting and erosional 
processes. Both HCPs include provisions to manage forest cover to 
reduce the frequency of major storm flows, to substantially reduce the 
amount of coarse and fine sediments transported downstream that could 
further simplify (remove necessary elements) and degrade habitat 
conditions.
    Stream temperature is addressed through a number of avenues 
including buffers that provide shade, road-management practices that 
avoid sedimentation, riparian and grazing management, and maintenance 
of natural hydrologic regimes that contribute cool water to streams. 
The buffers on streams and wetlands are expected to provide natural 
levels of shade to avoid increasing sunlight, which could result in 
stream warming. Further, road and wetland prescriptions are expected to 
maintain the natural hydrological regime so that streams are not 
abnormally dry during periods of the year when this could exacerbate 
warming problems. Stream buffers and road standards also address 
sediment delivery, which will in turn avoid artificial filling of 
pools, which could lead to increased stream warming. The HCPs are 
designed to maintain floodplains and wetlands in a manner that retains 
the functions of the hyporheic zone and off-channel habitats. Water 
quality and quantity are addressed through a variety of mechanisms, 
including protecting the natural hydrograph and addressing sediment and 
temperature. Provisions of the HCPs that protect the natural 
environment should assist native fish in maintaining a competitive 
advantage when that is possible.
    The NFHCPs impose more stringent harvest requirements in riparian 
areas than prescribed under State law. They also provides for a greater 
number of drainage features on roads, particularly near stream 
crossings (which reduces sediment delivery to streams), and require 
increased road abandonment to offset the construction of new roads. The 
Thompson River restoration project is evaluating alternatives for 
removing reed canary grass and reestablishing riparian forest to 
provide shade and improve water temperature. The NFHCPs include site-
specific management plans to protect native fish assemblages, and 
include long-term adaptive management studies to address road best 
management practices effectiveness, large woody debris recruitment, 
stream temperature, and grazing. These adaptive management studies are 
currently underway.

Plum Creek Timber Central Cascades HCP

    In June of 1996, the Service issued an incidental take permit to 
Plum Creek Timber Company in association with the Central Cascades HCP. 
This HCP addressed vertebrate species on over 68,798 ha (170,000 ac) of 
forest land in the Central Cascades, much of it located in what is 
generally known as the I-90 corridor. The HCP spans the Cascade crest, 
and covered lands occur in both King and Kittitas Counties. Currently, 
the HCP addresses fewer than 36,423 ha (90,000 ac) as a result of land 
exchanges and conservation sales. The HCP addresses multiple species 
through a combination of landscape-level forest commitments, special-
site protections, and other conservation measures. Bull trout is one of 
the covered species and is addressed through a combination of riparian 
and wetland buffers; management restrictions; watershed analysis; 
protection of inner gorges, springs, and seeps; avoidance of unstable 
slopes; and road management. It includes lands within the Green River 
Watershed as well as lands within the upper Yakima and Naches 
drainages.
    The HCP protects surface and subsurface water connectivity through 
a variety of diverse mechanisms. Springs and seeps that form perennial 
or intermittent channels are addressed through conservation provisions, 
and all perennial streams are protected with riparian buffers. 
Intermittent streams may also be buffered through provisions associated 
with inner gorge prescriptions or as a result of watershed analysis. 
The HCP addresses wetlands and hydrological integrity and connectivity, 
including both forested and nonforested wetlands, and wetland, seep, 
and spring prescriptions protect water quality, hydrologic integrity, 
and connectivity. The HCP includes measures to ensure that water 
quality and quantity conditions in the water column do not present a 
barrier to bull trout. Considerable focus is placed on road 
maintenance, repair, and improved construction standards, and 
remediation of existing road-related problems is a major component of 
the HCP. Roads are located to avoid disrupting surface and ground-water 
flows, and equipment exclusions around wetlands help protect hydrology. 
Road management is designed to disconnect ditches (and ground water 
intercepted by roads) from the stream system to reduce delivery of 
sediment, and to slow the delivery of storm-related run-off and reduce 
the contribution to peak flows.

[[Page 63955]]

    The HCP maintains the natural hydrology and riparian functions of 
large wood input, shade, bank stability, detrital inputs, as well as 
natural functions of flood plains and unstable slopes. It addresses the 
need for complex habitat by providing buffers along streams and 
wetlands that contribute to large woody debris recruitment and maintain 
stream bank integrity. Adequate stream temperatures are addressed in a 
number of ways, including the use of buffers that provide shade, road-
management practices that avoid sedimentation, and maintenance of 
natural hydrologic regimes that contribute cool water to streams.
    The buffers on streams and wetlands are designed to provide 
adequate shade and to avoid increasing sunlight exposure, which could 
result in stream warming. Stream buffers and road standards also 
address sediment delivery to avoid artificial filling of pools, which 
could lead to increased stream warming. The HCP addresses bank 
stability and large wood recruitment which should help store fine 
sediment and provide for suitable substrates for bull trout spawning. 
It also includes provisions to manage forest cover in the rain-on-snow 
subbasins to maintain normal storm flows, and is designed to maintain 
floodplains and wetlands in a manner that retains the functions of the 
hyporheic zone and off-channel habitats. Water quality and quantity are 
addressed through a variety of mechanisms, including protecting the 
natural hydrograph and addressing sediment and temperature needs. HCP 
provisions that protect the natural environment should assist native 
fish in maintaining a competitive advantage over nonnative species.

Washington Forest Practices HCP

    In 2001, the Washington Forest Practices Board adopted new 
permanent forest practice rules to address impacts to aquatic species, 
including bull trout, on all private forest lands not covered under an 
existing HCP, and WDNR State lands east of the Cascade Crest. These 
rules became effective in 2001, and cover a wide variety of forest 
practices, including: (1) A new, more functional, classification of 
rivers and streams on non-Federal and non-tribal forestland; (2) 
improved plans for properly designing, maintaining, and upgrading 
existing and new forest roads; (3) additional protections for unstable 
slopes; and (4) greater protections for riparian areas intended to 
restore or maintain properly functioning aquatic and riparian habitat 
conditions. The Washington State Legislature and U.S. Congress 
supported the collaboration with significant funding for the research, 
monitoring, and adaptive management needs identified in the Forests and 
Fish Report (WDNR 1999). In 2006, an incidental take permit was issued 
under section 10(a)(1)(B) of the Act based on the Washington Forest 
Practices Rules (Rules), which established requirements under the 
Washington Forest Practices HCP.
    The Rules contain prescriptions designed to improve and maintain 
properly functioning aquatic and riparian habitat on non-Federal, non-
tribal forest lands throughout the State. The Rules allow for a 
substitution of its prescriptions with those of another habitat 
conservation plan. The 3.7 million ha (9.1 million ac) regulated by the 
Washington Forest Practices HCP include a mixture of large industrial 
ownerships and small nonindustrial ownerships. These lands are most 
prevalent at lower elevations, while Federal forest lands are more 
prevalent at higher elevations. Nonindustrial forest lands are common 
along the urban-growth margin.
    The Rules protect surface and subsurface water connectivity 
important for bull trout habitat through the requirements to provide no 
harvest buffers around sensitive sites (springs, seeps, and tributary 
junctions of streams without fish), and to limit harvest in other 
areas. These prescriptions contribute to maintaining surface and 
subsurface water sources and connectivity important for water quality 
and quantity. The requirements in the Rules to replace or upgrade all 
fish-blocking culverts and sub-standard roads by 2016 are designed to 
ensure that migratory corridors are accessible to bull trout. As of 
December 1, 2008, approximately 44 percent of known fish passage 
barriers (2,871 of 6,505) have been corrected under the HCP, opening 
2,317 km (1,448 mi) of fish habitat (http://www.dnr.wa.gov/Publications/fp_hcp_annrep09_ch09.pdf). The riparian-buffer 
requirements protect the quality of these migratory corridors by 
maintaining stream temperatures and other stream functions important 
for bull trout foraging, migration, overwintering, and spawning 
habitat.
    Through the requirements for riparian management buffers, 
sensitive-site protections, and road and culverts improvements, the 
Rules protect the other aquatic and riparian habitats and organisms 
that occur in these areas. Since the Rules are designed to benefit bull 
trout, salmon, and virtually all other native fish species associated 
with stream and river habitats, they will also protect the bull trout 
food base.
    Timber harvest is limited within the bankfull width or channel 
migration zone of perennial waters, to maintain stream geomorphology, 
as well as stream-adjacent large wood, side channels, pools, and 
undercut banks. In addition, the riparian management strategies 
mentioned above will maintain intact, complex stream channels important 
for bull trout. The riparian buffers are designed to maintain cool 
stream temperatures, canopy cover, recruitment of large wood, bank 
stability, nutrient cycling, detritus inputs, and to provide sediment 
filtering. No-harvest buffers are generally applied along fish-bearing 
streams and, at a minimum, half of the non-fish-bearing, perennial 
streams. Adjacent to these buffers, timber harvest is limited within 
riparian areas, depending on site conditions. Sensitive sites, such as 
seeps and springs, are also protected with buffers. In western 
Washington, the riparian strategy is designed to move riparian areas 
towards conditions equivalent to the stand conditions of mature 140 
year-old riparian forests. In eastern Washington, riparian management 
is intended to provide stand conditions that vary over time within a 
range that meets functional conditions and maintains general forest 
health.
    The Rules address the need for natural substrates in a wide variety 
of ways; reduced road-generated fine sediment, road maintenance, road 
repair, and improved construction standards are major focus areas. 
Unstable slopes are identified and harvesting and road building are 
restricted on areas with a potential for mass-wasting. These 
requirements protect against management-caused debris flows that would 
otherwise increase sediment loading into streams. Road maintenance, 
repair, and improved construction standards are designed to minimize or 
divert road-induced sediment and artificial water flows away from 
streams. The Rules also include provisions to minimize the negative 
effects of timber harvest in rain-on-snow areas by limiting clear-cut 
harvest sizes. Other protections are associated with ``green-up 
requirements'' in which young stands must reach a certain size before 
adjacent stands of timber can be harvested.
    Water quality and quantity are addressed through a variety of 
protective requirements. In addition to protecting the natural 
hydrograph, stream temperatures, and other riparian and aquatic habitat 
elements, the requirements for roads and culverts minimize sediment 
delivery to streams, thereby minimizing effects to water

[[Page 63956]]

quality. The Rules address forestry activities over a substantial 
amount of relatively contiguous ownership, and are expected to protect 
the relevant bull trout PCEs in all of the streams subject to their 
requirements.
Weighing and Balancing Exclusions Under Section 4(b)(2) of the Act
    Based on the best available information, we have determined that 
each HCP permittee is in compliance with the terms and conditions of 
their respective incidental take permit issued under section 
10(a)(1)(B) of the Act. Specific information on HCP implementation and 
the progress made with regard to bull trout conservation is available 
at http://www.fws.gov/pacific/bulltrout/. We have combined the section 
4(b)(2) balancing analysis for the above HCPs, given the similarities 
in scope of covered activities, partnerships, and benefits. More 
detailed section 4(b)(2) analyses of each excluded HCP are part of the 
decisional record, see the ``Compilation of HCP Exclusion Analyses for 
the Designation of Bull Trout Critical Habitat (Including Exclusion 
Analysis for Certain Areas Managed Under the Lewis River Hydroelectric 
Projects)'', posted at http://www.fws.gov/pacific/bulltrout/.
(1) Benefits of Inclusion of the WDNR, Green Diamond, City of Seattle 
Cedar River Watershed, Plum Creek/Stimson Lumber Company Native Fish, 
Plum Creek Central Cascades, and Washington State Forest Practices 
HCPs.

Regulatory Benefits

    The consultation provisions under section 7(a) (2) of the Act 
constitute the regulatory benefits of critical habitat. As discussed 
above, Federal agencies must consult with us on actions that may affect 
critical habitat and must avoid destroying or adversely modifying 
critical habitat. Prior to our designation of critical habitat, Federal 
agencies consult with us on actions that may affect a listed species 
and must refrain from undertaking actions that are likely to jeopardize 
the continued existence of the species. Thus, the analysis of effects 
to critical habitat is a separate and different analysis from that of 
the effects to the species. The difference in outcomes of these two 
analyses represents the regulatory benefit of critical habitat. For 
some species, and in some locations, the outcome of these analyses will 
be similar, because effects on habitat will often result in effects on 
the species. However, the regulatory standard is different: the 
jeopardy analysis looks at the action's impact on survival and recovery 
of the species, while the adverse modification analysis looks at the 
action's effects on the designated habitat's contribution to the 
species' conservation. This will, in some instances, lead to different 
results and different regulatory requirements.
    Once an agency determines that consultation under section 7 of the 
Act is necessary, the process may conclude informally when we concur in 
writing that the proposed Federal action is not likely to adversely 
affect critical habitat. However, if we determine through informal 
consultation that adverse effects are likely to occur, then we would 
initiate formal consultation, which would conclude when we issue a 
biological opinion on whether the proposed Federal action is likely to 
result in destruction or adverse modification of critical habitat. A 
biological opinion that concludes in a determination of no destruction 
or adverse modification may contain discretionary conservation 
recommendations to minimize adverse effects to critical habitat, but it 
would not contain any mandatory reasonable and prudent measures or 
terms and conditions. In addition, we suggest reasonable and prudent 
alternatives to the proposed Federal action only when our biological 
opinion results in a destruction or adverse modification conclusion.
    In providing the framework for the consultation process, the 
previous section applies to all the following discussions of benefits 
of inclusion or exclusion of critical habitat. The process of 
designating critical habitat as described in the Act requires, in part, 
that the Service identify those lands on which are found the physical 
and biological features essential to the conservation of the species 
which may require special management considerations or protection. In 
identifying those lands, the Service must consider the recovery needs 
of the species. Furthermore, once critical habitat has been designated, 
Federal agencies must consult with the Service under section 7(a)(2) of 
the Act to ensure that their actions will not adversely modify 
designated critical habitat or jeopardize the continued existence of 
the species. As noted in the Ninth Circuit's Gifford Pinchot decision 
(referenced earlier), the Court ruled that the jeopardy and adverse 
modification standards are distinct, and that adverse modification 
evaluations require consideration of impacts to the recovery of 
species. Thus, through the section 7(a)(2) consultation process, 
critical habitat designations provide recovery benefits to species by 
ensuring that Federal actions will not destroy or adversely modify 
designated critical habitat.
    For example, if a federally-funded road project or hydroelectric 
project were to be proposed for development on HCP lands that contained 
designated critical habitat, a consultation would need to be conducted 
to ensure the designated critical habitat was not destroyed or 
adversely modified to the point of appreciably diminishing its habitat 
features essential to bull trout recovery. Designation of critical 
habitat may facilitate regulatory agencies taking additional protective 
measures where critical habitat is designated (for example, revising 
operations at hydroelectric projects). For example, Washington State 
law requires consideration of additional rules and areas for protection 
upon designation of critical habitat.
    The identification of habitat necessary for the conservation of the 
species is beneficial because it can assist in the recovery planning 
for a species. However, the designation of critical habitat does not 
require that any management or recovery actions take place on the lands 
included in the designation. Even in cases where consultation has been 
initiated under section 7(a)(2) of the Act, the end result of 
consultation is to avoid jeopardy to the species and adverse 
modification of its critical habitat, but not specifically to manage 
remaining lands or institute recovery actions on remaining lands. 
Conversely, management plans institute intentional, proactive actions 
over the lands they encompass to remove or reduce known threats to a 
species or its habitat and, therefore, implement recovery actions.
    We believe that in some cases, the conservation benefits to a 
species and its habitat that may be achieved through the designation of 
critical habitat are less than those that could be achieved through the 
implementation of a management plan that includes specific provisions 
based on enhancement or recovery as the management standard. 
Consequently, the implementation of any HCP or management plan that 
considers enhancement or recovery as the management standard will often 
provide as much or more benefit than a section 7(a)(2) consultation 
under the Act using the standards required by the Ninth Circuit in the 
Gifford Pinchot decision. There may be some regulatory benefit that 
results from designating critical habitat in the areas covered by the 
above HCPs because of section 7 consultation requirements, or 
potentially protections under other State or local laws that may be 
triggered because of the designation. However, we

[[Page 63957]]

believe the management goals of the above HCPs go beyond any 
protections that would be provided through section 7 consultation or 
other State or local regulatory requirements.

Educational Benefits

    One benefit of including lands in critical habitat is that the 
designation of critical habitat serves to educate landowners, State and 
local governments, and the public regarding the potential conservation 
value of an area. This helps focus and promote conservation efforts by 
other parties by identifying areas of high conservation value for bull 
trout. Because the rulemaking process associated with critical habitat 
designation includes several opportunities for public comment, it also 
provides for public education. Through these outreach opportunities, 
land owners, State agencies, and local governments can become more 
aware of the status of and threats to listed species, and the 
conservation actions needed for recovery. Designation of critical 
habitat would inform State agencies and local governments about areas 
that could be conserved under State laws or local ordinances, such as 
the Washington State Growth Management Act or Washington State 
Shoreline Management Act, which encourage the protection of ``critical 
areas'' including fish and wildlife habitat conservation areas.
(2) Benefits of Exclusion of the WDNR, Green Diamond, City of Seattle 
Cedar River Watershed, Plum Creek/Stimson Lumber Company Native Fish, 
Plum Creek Central Cascades, and Washington State Forest Practices 
HCPs.

Maintaining and Establishing Conservation Partnerships

    Non-Federal landowners are motivated to work with the Service 
collaboratively to develop voluntary HCPs because of the regulatory 
certainty provided by an incidental take permit under section 
10(a)(1)(B) of the Act, including assurances under the No Surprises 
Policy (63 FR 8859; February 23, 1998). The No Surprises Policy sets 
forth a clear commitment to incidental take permittees that, to the 
extent consistent with the Act and other Federal laws, the government 
will honor its agreements under an approved HCP where the permittee is 
implementing the HCP's terms and conditions in good faith. Although the 
HCP process can be complex and time-consuming, the perceived benefit to 
landowners in undertaking this extensive process is the resulting 
regulatory certainty, which translates into real savings for private 
landowners in terms of opportunity costs, as well as direct savings and 
avoided costs. A failure to exclude HCP lands where the species under 
consideration for critical habitat is a covered species could be viewed 
as the Service retreating from its previous position on the adequacy of 
the conservation measures in the HCP, undermining the Service's 
credibility in future interactions with potential partners. Designation 
of critical habitat within the boundaries of already approved HCPs may 
also be viewed as a disincentive by other entities currently developing 
HCPs or contemplating them in the future, because it implies potential 
additional regulation after agreement on conservation measures needed 
for the species has been made. In discussions with the Service, HCP 
permittees have indicated they view critical habitat designation as an 
unnecessary additional intrusion on their property, and an erosion of 
the regulatory certainty provided by their incidental take permit and 
the No Surprises Policy. The No Surprises Policy sets forth a clear 
commitment by the Service, that to the extent consistent with the 
requirements of the Act and other Federal laws, the government will 
honor its agreements under an approved HCP for which the permittee is 
in good faith implementing the HCP's terms and conditions. Because the 
Service would be required to reinitiate section 7 consultation with 
itself if critical habitat is designated on our action of issuing a 
section 10(a)(1)(B) permit, the permittees are concerned that the 
Service could use this as an excuse to request new conservation 
measures for the bull trout, even though we have existing agreements 
already in place.
    Although parties whose actions may take listed species may still 
desire incidental take permits to avoid liability under section 9 of 
the Act, failure to exclude HCP lands from critical habitat could 
reduce the conservation value of the HCP program in several ways. 
First, parties may be less willing to participate in large, regional 
HCPs, preferring instead to address any possible take on a project-by-
project basis. Second, in any given HCP, applicants may reduce the 
amount of protection to which they are willing to agree, in effect 
holding some additional protective measures ``in reserve'' for use in 
any future discussions to address critical habitat. Third, without the 
incentive of exclusion from critical habitat, some potential 
applicants, particularly (1) those whose actions may, but are not 
certain, to take listed species, and (2) those against whom enforcement 
for any take that does occur may be difficult, may decide not to seek 
an incidental take permit at all. The failure to exclude qualified HCP 
lands from critical habitat designations could decrease the program's 
efficacy and have profound effects on our ability to establish and 
maintain important conservation partnerships with stakeholders.
    Excluding qualified HCP lands from critical habitat provides 
permittees with the greatest possible certainty, thereby helping foster 
the cooperation necessary to allow the HCP program to achieve the 
greatest possible conservation benefit. Thus, excluding the lands 
covered by the above HCPs improves the Service's ability to enter into 
new partnerships. Permittees who trust and benefit from the HCP process 
discuss the benefits with others who may become future HCP 
participants, such as States, counties, local jurisdictions, 
conservation organizations, and private landowners. New HCPs will 
result in implementation of conservation actions that we would be 
unable to accomplish otherwise.

Avoidance of Administrative Costs

    To the extent designation would provide any additional protection 
of bull trout habitat, the costs associated with that protection would 
be avoided by exclusion. Excluding waterbodies covered under these 
large-scale HCPs from the critical habitat designation relieves 
landowners, communities, and counties from any additional regulatory 
burden and costs associated with the preparation of section 7 documents 
related to critical habitat. While the costs of providing these 
additional documents to the Service is minor, there may be resulting 
delays that generate perceived or very real costs to private landowners 
in the form of opportunity costs, as well as direct costs.

Conservation Planning Efficiencies

    Large-scale HCPs can address habitat conservation on a very broad 
scale, addressing entire ecosystems and a wide variety of the species 
in them, whether listed or not. In our experience, large-scale HCPs 
provide more comprehensive, and therefore more effective, protection to 
listed species as well as to species that might otherwise require 
listing in the future. Large-scale HCPs in effect become regional 
conservation plans consistent with the recovery objectives for listed 
species that are covered within the plan area.
    The above HCPs provide substantial measures to protect or improve 
the current state of the ecosystem as a whole, which may contribute to 
the

[[Page 63958]]

conservation of a number of species, including bull trout. These HCPs 
also include streams and habitats outside of the critical habitat 
designation that contribute to bull trout recovery, including habitats 
potentially suitable for future occupancy by bull trout and other 
species.

Meeting Science Needs for Recovery Purposes

    HCPs can provide other important conservation benefits, including 
the development of important biological information needed to guide 
conservation efforts and assist in species conservation outside the HCP 
planning area. Each of the above HCPs have some component of adaptive 
management to address uncertainties in achieving their agreed-upon 
conservation objectives for aquatic habitats, including uncertainties 
that may be associated with climate change. The adaptive management 
strategy helps to ensure management will continue to be consistent with 
agreed-upon bull trout conservation objectives. In addition, in the 
cases of the City of Seattle Cedar River Watershed HCP and the 
Washington State Forest Practices HCP, there are specific research 
elements directed towards bull trout and its habitat. Although the 
designation will not affect this research, it is highly unlikely this 
research would have been achieved through a critical habitat 
designation.
(3) Benefits of Exclusion Outweigh the Benefits of Inclusion for the 
WDNR, Green Diamond, City of Seattle Cedar River Watershed, Plum Creek/
Stimson Lumber Company Native Fish, Plum Creek Central Cascades, and 
Washington State Forest Practices HCPs
    Based on the above considerations, and consistent with the 
direction provided in section 4(b)(2) of the Act, the Service and, 
subsequently, the Secretary, have concluded that the benefits of 
excluding streams and waterbodies associated with the WDNR, Green 
Diamond, City of Seattle Cedar River Watershed, Plum Creek/Stimson 
Lumber Company Native Fish, Plum Creek Central Cascades, and Washington 
State Forest Practices HCPs as critical habitat for the bull trout 
outweigh the benefits of including these streams and waterbodies as 
critical habitat. This conclusion is based on the following:
    It is probable that any Federal action that would be likely to 
destroy or adversely modify critical habitat within an area covered by 
the above HCPs would also jeopardize the continued existence of the 
species, because of the specific way in which jeopardy and adverse 
modification are analyzed for bull trout. Since the primary threat to 
bull trout is habitat loss or degradation, the jeopardy analysis under 
section 7 of the Act for a project with a Federal nexus will most 
likely evaluate the effects of the action on the conservation or 
functionality of the habitat for the bull trout. Because of this, we 
believe that in many cases the analysis of the project to address 
designated critical habitat will be comparable. As such, we do not 
anticipate, for many circumstances, that the outcome of the 
consultation to address critical habitat will result in any significant 
additional project modifications or measures. Thus, potentially 
detrimental actions would be avoided as a result of a jeopardy analysis 
resulting from the bull trout's status as threatened under the Act, and 
not solely or specifically because of critical habitat designation. The 
benefit of informing the public of the importance of these areas to 
bull trout conservation would for the most part be redundant with the 
outreach conducted during the NEPA process for the subject HCPs. 
Therefore, we assign relatively little weight to the benefits of 
designating these HCP areas as critical habitat.
    In contrast, the benefits of encouraging continued and future 
participation in HCPs, and fostering cooperative conservation through 
HCP participation are crucial to the long-term effectiveness of the 
endangered species program. Therefore, for the above HCPs, we assign 
greater weight to these benefits of exclusion. To the extent there are 
regulatory benefits of including these areas, there would also be 
associated costs that could be avoided through exclusion. However, 
since we expect the regulatory benefits to be low, we are giving 
greater weight to the avoidance of those associated costs.
    Based on the above analysis, we have determined that the benefits 
of designating critical habitat in streams and other waterbodies 
covered by these HCPs are relatively small, compared to the benefits of 
exclusion. The benefits of exclusion therefore outweigh the benefits of 
inclusion. Because we anticipate little if any conservation benefit to 
the bull trout will be foregone as a result of excluding these lands, 
the exclusion of these HCPs will not result in the extinction of the 
bull trout. The Secretary therefore exercises his discretion under 
section 4(b)(2) of the Act to exclude these areas from the designation. 
The specific section 4(b)(2) analysis for each of the above HCPs is 
described in further detail in the ``Compilation of HCP Exclusion 
Analyses for the Designation of Bull Trout Critical Habitat (Including 
Exclusion Analysis for Certain Areas Managed Under the Lewis River 
Hydroelectric Projects).'' This document is available at http://www.fws.gov/pacific/bulltrout/.
Other Managed Areas Considered for Exclusion
    We have also determined that specific waterbodies associated with 
the Lewis River Hydroelectric Projects also warrant exclusion based on 
our section 4(b)(2) analysis below. These include several waterbodies 
protected or managed under the Settlement Agreement for the Federal 
Energy Regulatory Commission (FERC) relicensing of the Yale, Merwin, 
Swift No. 1 and Swift No. 2 hydroelectric projects, which was signed on 
November 30, 2004. This final rule provides a summary of the 
information considered with regard to this section 4(b)(2) analysis. A 
more detailed analysis is provided in the ``Compilation of HCP 
Exclusion Analyses for the Designation of Bull Trout Critical Habitat 
(Including Exclusion Analysis for Certain Areas Managed Under the Lewis 
River Hydroelectric Projects)'' document, which is available on the 
bull trout website at http://www.fws.gov/pacific/bulltrout.

Lewis River Hydroelectric Projects Conservation Easements and Swift 
Bypass Reach

    There are four projects and three dams that impound over 48.3 km 
(30 mi) of river habitat on the Lewis River in Washington, located in 
portions of Clark, Cowlitz, and Skamania Counties. Bull trout are 
present in all of the reservoirs; the upper two reservoirs have the 
most significant populations and also support spawning populations. A 
settlement agreement (Agreement) for the relicensing of the Yale, 
Merwin, Swift No. 1, and Swift No. 2 hydroelectric projects was signed 
on November 30, 2004, and FERC issued a license (License) on June 26, 
2008. The Agreement and License incorporate conservation measures to 
minimize or compensate for the effects of the projects on listed 
species, including bull trout. Conservation measures for bull trout 
include: (1) Two perpetual conservation covenants, one on lands 
controlled by PacifiCorp utilities, in the Cougar/Panamaker Creek area, 
and another on PacifiCorp's and Cowlitz County Public Utility 
District's (PUD) lands along the Swift Creek arm of Swift Creek 
Reservoir; (2) upstream and downstream fish passage improvements at all 
reservoirs; (3) increased flows and

[[Page 63959]]

salmon spawning enhancements in the bypass reach; (4) limiting factors 
analysis for bull trout to determine additional enhancement measures; 
(5) public information program to protect bull trout; and (6) 
monitoring and evaluation efforts for bull trout conservation measures. 
This agreement will also restore anadromous salmon to the upper Lewis 
River system, including the bypass reach, restoring a significant part 
of the historic forage base for bull trout.
    The Agreement protects surface and subsurface water connectivity 
through a variety of diverse mechanisms. Springs and seeps that result 
in perennial or intermittent channels and all perennial streams are 
protected with riparian buffers. The terrestrial wildlife management 
plan places special emphasis on stream side riparian zones. The goal is 
to exceed the standards in the Washington State Forest Practices. The 
Agreement addresses all wetlands and hydrological integrity and 
connectivity within the project boundaries and provides for protection 
of any wetlands that are acquired. Wetland protections (and water level 
management) are designed to follow the Washington Department of Fish 
and Wildlife Guidelines. Road prescriptions are designed to avoid 
disrupting surface and ground-water flows, and there are several 
specific road remediation efforts directed at existing wetlands within 
the project boundaries. The Agreement contains measures to improve bull 
trout access to aquatic habitat, but will not provide a barrier-free 
environment without human intervention in the near term. The enhanced 
flows under the license in the Swift bypass reach allow bull trout to 
access important FMO habitat, and may play an important future role in 
the collection and transport of adult bull trout to areas upstream of 
Swift Dam. In addition, roads covered by the Settlement Agreement will 
be managed in a manner that does not contribute to the formation of 
barriers, while remediation will address existing barriers.
    The Agreement maintains the natural hydrology and riparian 
functions of large woody input, shade, bank stability, and detritus 
inputs, as well as natural functions of flood plains and unstable 
slopes on the streams that are tributary to the reservoirs. The 
reservoirs themselves do not include riparian origin material to any 
significant degree, but the development of a self-sustaining kokanee 
population in the two upper reservoirs has probably increased the 
available prey base for bull trout. The reintroduction of anadromous 
salmonids into the basin above Merwin Dam will provide a much larger 
and broader food base for bull trout, and is expected to increase the 
aquatic productivity in the tributary streams by reestablishing 
natural, marine-derived nutrient components. In the Swift bypass reach, 
the recent construction of spawning channels for reintroduced salmon 
will also increase the potential forage base for bull trout.
    The Agreement and conservation easements address the need for 
complex habitat by providing buffers and protecting Cougar Creek. 
Annual surveys are conducted to ensure there are no negative impacts to 
habitat, and to provide for habitat restoration if negative impacts are 
found. The Agreement also addresses sediment introduction, which has 
the potential to simplify and degrade instream habitat conditions by 
closing and removing culverts, and addresses road surface erosion in 
the Cougar and Panamaker Creek drainages. Stream temperature is 
addressed through a number of avenues including a 300-meter (1,000-
foot) no-touch buffer along Cougar Creek and a 130-meter (400-foot) no-
touch buffer along Panamaker Creek. Higher standard buffers along other 
streams and wetlands are designed to provide natural levels of shade to 
avoid increasing sunlight, which could result in stream warming within 
the project boundaries. Instream temperature regulation is feasible 
with hydroelectric projects through the use of turbine intakes with 
features that allow for water intake below the thermocline. The Merwin 
project has a deep intake, and as a result, the Lewis River downstream 
of the project typically runs much cooler than it would as an 
unregulated stream. Yale and Swift are also fairly deep intakes, 
although the water discharging from the tailrace of the Yale project 
may be warmer than the receiving water, and may be a challenge with 
regard to capturing bull trout to assist with their upstream and 
downstream movement. This problem has not been fully analyzed, and will 
be one factor addressed during testing of alternative bull trout 
passage facilities at the Yale and Swift projects.
    In addition, the bypass reach between Swift No.1 and the head of 
Yale Reservoir will gain a permanent instream flow of up to 100 cubic 
feet per second as part of the Agreement. This should decrease the 
temperature of the bypass water during the summer months, but may 
increase the temperature during the fall and early winter over the 
background temperature.
    The Agreement addresses the need for natural substrates by reducing 
road-generated, fine sediment on project-owned roads. Additionally, it 
provides for gravel augmentation to mitigate for the blockage of 
natural bedload movement by the project dams and reservoirs, and 
addresses bank stability and large wood recruitment, which should help 
store fine sediment and provide for suitable substrates for bull trout 
spawning by providing a fund for enhancement and protection measure.
    In the Swift bypass reach, flows have been significantly increased 
under the licensee's 401 Certification issued by the Washington State 
Department of Ecology to enhance bull trout use in this FMO habitat. 
Provisions of the Agreement that protect the natural environment should 
assist bull trout in maintaining a competitive advantage over nonnative 
species. The reintroduction of the historic assemblage of salmon may 
create competition for spawning space between bull trout and coho 
salmon; however, in natural environments, the two species have been 
observed spawning in the same areas, but generally tend to use habitat 
with slightly different parameters such as water temperature, gradient, 
substrate, and cover.
(1) Benefits of Inclusion
    Designation of critical habitat for bull trout on lands managed 
under Lewis River Hydroelectric Projects Conservation Easements would 
provide protection from the destruction or adverse modification of 
designated critical habitat under section 7 of the Act. However, 
without designation, a certain amount of habitat protection would be 
provided through the jeopardy standard. Based on our review of previous 
section 7(a)(2) consultations for bull trout using this standard, there 
is little to indicate that critical habitat designation would generate 
additional habitat protections beyond those already provided. Under 
section 7(b)(3) of the Act, the Secretary suggests reasonable and 
prudent alternatives to proposed Federal actions only in cases where 
the action would destroy or adversely modify critical habitat. 
Determinations of destruction or adverse modification of critical 
habitat would be rare, since they are made within the context of an 
entire critical habitat designation.
    Designating critical habitat can educate the public and management 
agencies about the distribution of areas containing the physical or 
biological features essential to the conservation of a species. In 
areas lacking a bull trout-specific management plan, designation can 
guide projects to avoid impacts to listed species and can help focus

[[Page 63960]]

recovery efforts. However, we believe little additional informational 
benefit will be gained by including Swift and Cougar Creeks and the 
Swift bypass reach in designated critical habitat for bull trout. 
PacifiCorp is implementing conservation recommendations that were 
provided in our 2002 biological opinion, which includes posting 
interpretive signs to educate anglers on identifying and conserving 
native char, and techniques for catch and release to minimize 
incidental hooking mortality of bull trout. Although educational 
benefits associated with critical habitat designation can be an 
important component for the conservation of bull trout, we believe it 
is redundant with what is already being achieved through the 
implementation of measures under PacifiCorp's conservation easement.
(2) Benefits of Exclusion
    The complex process of negotiating relicensing for the Lewis River 
hydroelectric projects has been ongoing for nine years. We have 
established valuable working relationships with PacifiCorp, Cowlitz 
County Public Utilities District (PUD), and the other participants 
during these negotiations. By excluding lands included in the two 
conservation easements from designated critical habitat, we will be 
better able to: (1) Maintain and enhance our ability to work with 
PacifiCorp, Cowlitz County PUD, other relicensing applicants, and FERC; 
and, (2) provide encouragement to other jurisdictions, private 
landowners, and other entities to continue to see the benefit of 
working cooperatively with us. Negotiating conservation measures under 
conditions of mutual trust can result in greater conservation benefits 
to the species than would result from designating Swift and Cougar 
Creeks, and the bypass reach, as critical habitat.
(3) Benefits of Exclusion Outweigh the Benefits of Inclusion
    Based on the above considerations and consistent with the direction 
provided in section 4(b)(2) of the Act, the Service has determined that 
the benefits of excluding the waterbodies adjacent to lands managed 
under Lewis River Hydroelectric Projects Conservation Easements 
outweigh the benefits of including them as critical habitat. This 
conclusion is based on the following consideration. It is possible, 
although unlikely, that a Federal action could be proposed that would 
be likely to destroy or adversely modify critical habitat within the 
area subject to the Lewis River Conservation Easement and bypass reach. 
However, if such a project were to be proposed, any action that would 
be likely to destroy or adversely modify critical habitat would likely 
also jeopardize the continued existence of the species, because of the 
specific way in which jeopardy and adverse modification are analyzed 
for bull trout. Since the primary threat to bull trout is habitat loss 
or degradation, the jeopardy analysis under section 7 of the Act for a 
project with a Federal nexus will most likely evaluate the effects of 
the action on the conservation or functionality of the habitat for the 
bull trout. Because of this, we believe that in many cases the analysis 
of the project to address designated critical habitat will be 
comparable. As such, we do not anticipate, for many circumstances, that 
the outcome of the consultation to address critical habitat will result 
in any significant additional project modifications or measures. 
Accordingly, potentially detrimental actions would be avoided as a 
result of the jeopardy analysis. In addition, for the reasons discussed 
above, we believe the educational benefit of informing the public of 
the importance of this area to bull trout conservation would be limited 
because of previous and ongoing efforts. Therefore, we assign 
relatively little weight to the benefits of designating this area as 
critical habitat.
    In contrast, the benefits of encouraging participation in 
conservation partnerships and fostering cooperative conservation are 
crucial to the long-term effectiveness of the endangered species 
program. Therefore, we assign greater weight to these benefits of 
exclusion. To the extent that there are regulatory benefits of 
designating the area as critical habitat, there would be some 
associated costs that could be avoided by excluding the area from 
designation. However, as we expect the regulatory benefits to be low, 
we likewise give weight to avoidance of those associated costs.
    Based on our analysis, we have determined that the benefits of 
inclusion of the areas covered by these conservation easements are 
outweighed by the benefits of exclusion. Because we anticipate that 
little if any conservation benefit to the bull trout will be foregone 
as a result of excluding these lands, and the exclusion will not result 
in the extinction of the bull trout, the Secretary exercises his 
discretion under section 4(b)(2) to exclude these areas from the 
designation.

Tribal Lands-Exclusions Under Section 4(b)(2) of the Act

    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 the relevant 
provision of the Departmental Manual of the Department of the Interior 
(512 DM 2), we coordinate 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) states that (1) critical 
habitat shall not be designated in areas that may impact tribal trust 
resources, may impact tribally-owned fee lands, or are used to exercise 
tribal rights unless it is determined essential to conserve a listed 
species; and (2) in designating critical habitat, the Service shall 
evaluate and document the extent to which the conservation needs of the 
listed species can be achieved by limiting the designation to other 
lands. Habitat on tribal lands was determined to be essential to the 
conservation of bull trout due to its location within the matrix of 
habitat available for bull trout. Because the bull trout is largely a 
migratory species with complex migration patterns, connectivity among 
and within its habitats is essential for long-term persistence and 
recovery of the species. Many stream reaches or nearshore habitat on or 
adjacent to tribal lands were determined to be an important component 
of migratory habitat necessary to maintain connectivity between 
spawning and rearing habitats and FMO habitats. In other cases, it was 
determined that streams or stream reaches themselves represent an 
important component of spawning and rearing habitat for bull trout 
local populations or are important in maintaining overall connectivity 
within local populations or both.
    The longstanding and distinctive relationship between Federal and 
tribal governments is defined by treaties, statutes, executive orders, 
judicial decisions, and agreements, which differentiate tribal 
governments from the other entities that deal with, or are affected by, 
the Federal government. This relationship has given rise to a special 
Federal trust responsibility involving the legal responsibilities and 
obligations of the United States toward Indian Tribes and the 
application of fiduciary standards of due care with respect to Indian 
lands, tribal trust resources, and the exercise of tribal rights. 
Accordingly, we are obligated to consult with Tribes based on their 
unique relationship with the Federal government. In addition, we 
evaluate Tribes' past and ongoing efforts for species conservation and 
the benefits of including or excluding tribal lands in

[[Page 63961]]

the designation under section 4(b)(2) of the Act. We contacted all 
Tribes potentially affected by the proposed designations and met with a 
number of these Tribes to discuss their ongoing or future management 
strategies for bull trout. We subsequently received letters describing 
ongoing tribal management, conservation plans, and conservation 
efforts.
    We received written responses from the Kalispell, Nez-Perce, Coeur 
d'Alene, Burns-Paiute, and Shoshone-Paiute Tribes supporting the 
critical habitat revision and the designation of tribal lands. Based on 
these responses, the Secretary determined not to exercise his 
discretion to exclude these tribal lands from the designation. In 
addition, the Confederated Tribe of the Colville indicated that they 
did not believe that any of the designated critical habitat affected 
tribal lands, nor do they believe they have water suitable for bull 
trout on their tribal lands. We received a comment from the Nisqually 
Tribe requesting the exclusion of their lands; however, we determined 
that critical habitat was not proposed on their lands, and therefore 
consideration of exclusion was not necessary.
    Although we did not hear from the Confederated Salish and Kootenai 
Tribes during the comment period for the proposed rule, we are aware of 
the Confederated Salish and Kootenai Tribes' resource management plan, 
which addresses bull trout conservation in the Jocko River watershed. 
Given previous meetings with the Tribes, and their support of 
designated critical habitat within the Jocko River watershed, we have 
retained critical habitat on the Confederated Salish and Kootenai 
tribal lands (Service 2002, pers.comm.). In total, 5 Tribes requested 
that their lands be designated as critical habitat, which was 
accommodated; 6 potentially affected Tribes were either found to not 
have lands associated with designated habitat or did not respond to our 
inquiries; and 17 Tribes requested exclusion of their lands based on 
management plans that conserve bull trout.
    We considered exclusions under section 4(b)(2) of the Act for those 
tribal lands where a commitment exists to conserve bull trout or a 
conservation program that provides aquatic resource protection and 
restoration through collaborative efforts on the reservation and other 
trust lands, and where the Tribes indicated that inclusion would impair 
their relationship with the Service. Tribes meeting these criteria 
included the Confederated Tribes of Warm Springs (CTWS), Blackfeet 
Nation, Confederated Tribes of the Umatilla Indian Reservation (CTUIR), 
and the Confederated Tribes and Bands of the Yakama Nation. Because of 
the relative similarities of the conservation management of these 
Tribes, the weighing and balancing analysis required under section 
4(b)(2) of the Act was consolidated, as summarized in the following 
paragraphs.
    We also considered exclusions under section 4(b)(2) of the Act for 
the treaty Tribes of Western Washington, and Tribes that are members of 
the Northwest Indian Fisheries Commission that have co-management 
responsibility over salmon resources with Washington State. These 
Tribes have also had a significant role in the development of habitat 
conservation plans, local watershed plans, and other habitat plans, and 
have implemented numerous habitat restoration and research projects 
designed to protect or improve habitat for listed species. These Tribes 
include the Swinomish Tribe, Quinault Indian Nation, Muckleshoot Tribe, 
Jamestown S'Klallam Tribe, Hoh Tribe, Lower Elwha-Klallam, Quileute 
Tribe, Lummi Nation, Nooksack Tribe, Puyallup Tribe, Stillaguamish 
Tribe, Tulalip Tribes, and Skokomish Tribe. Because of the relative 
similarities of the conservation management of these Tribes, the 
weighing and balancing analysis required under section 4(b)(2) of the 
Act was also consolidated, as summarized in the following paragraphs.

Confederated Tribes of Warm Springs Reservation of Oregon (CTWS)

    The CTWS has a long history of carrying out proactive conservation 
actions and maintaining stewardship and conservation of the species and 
habitats on its lands, and it is also an active co-manager of species 
and habitats over extensive areas outside of the Warm Springs 
Reservation. These proactive voluntary conservation efforts are 
necessary to prevent bull trout extirpation and promote the recovery of 
the bull trout on CTWS lands. This is especially important in areas 
where the bull trout has been extirpated and its recovery requires 
access and permission for reintroduction efforts. For example, bull 
trout have been extirpated from some rivers within the Coastal Recovery 
Unit, and repopulation is not likely without the CTWS's cooperation.
    The CTWS's management plans and ordinances provide guidelines for 
land uses and actions that affect the CTWS resources and serve as the 
basis for tribal management decisions. Bull trout benefit from these 
voluntary management actions by CTWS. The CTWS has an existing broad 
regulatory framework that protects bull trout habitat through many 
different mechanisms. These include their integrated resource 
management plan and its implementing ordinances on forestlands, water 
quality, and aquatic resources and their streamside management plan.
    We believe that the CTWS' resource management strategy is largely 
compatible with bull trout conservation. The CTWS has cooperated with 
Federal and State agencies, and private organizations, to implement 
voluntary proactive conservation activities on their lands that have 
resulted in tangible conservation benefits for bull trout. These 
actions include removal of the headworks dam on Shitke Creek to 
facilitate movement of bull trout, changes to fishing regulations (the 
establishment of size and bag limits and no fishing areas) to be more 
protective of bull trout, reduced road densities, and the fencing of 
kilometers (miles) of bull trout spawning and rearing habitat. In 
addition, the CTWS monitors over 30 km (20 mi) of bull trout spawning 
habitat annually and completes habitat restoration projects throughout 
both their tribal and individual lands located within the boundaries of 
the Warm Springs Indian Reservation, off-reservation lands owned in 
fee, and off-reservation lands held in trust by the Tribe.
    The CTWS has a record of action and commitment that will continue 
regarding the conservation of bull trout and the habitats upon which 
they depend. We expect this cooperation and bull trout conservation to 
continue.

Confederated Tribes of the Umatilla Indian Reservation (CTUIR)

    The CTUIR has a long history of carrying out proactive conservation 
actions on their lands, including work towards restoring flows in the 
Umatilla River. These proactive voluntary conservation efforts are 
necessary to prevent bull trout extirpation and promote recovery of 
bull trout on the CTUIR lands. This is especially important in the 
Umatilla River basin where bull trout are at very low numbers and 
recovery depends on the CTUIR's cooperation. The CTUIR approved a 
Forest Management Plan in March 2010, that regulates forestry 
activities on allotted trust, tribal trust, and tribal fee forest lands 
on the reservation and identifies protective measures for listed 
species. A management plan has also been developed by the CTUIR for the 
Rainwater Wildlife Area. Both plans provide a conservation benefit to 
bull trout and provide assurances that they

[[Page 63962]]

will be implemented and that the conservation effort will be effective.
    The CTUIR has an existing broad regulatory framework that protects 
bull trout habitat through many different mechanisms. These include the 
March 2010 Forest Management Plan and statutes under the CTUIR's Fish 
and Wildlife Code, Land Development Code and Water Code.
    Finally, the CTUIR has a long-track record of engaging in resource 
management, partnerships with resource agencies, and specific actions 
benefiting bull trout and other fish species. They are actively 
involved in many fish passage, instream, riparian, upland, and flow 
restoration projects in the Umatilla and Walla Walla river basins. In 
addition, the CTUIR conducts monitoring, evaluation, and research on 
stream habitats and aquatic species. Their efforts include being a core 
partnership member in the development of the Umatilla and Willow and 
Walla Walla subbasin plans, restoring 27 km (17 mi) of habitat in 
Meacham creek for spawning and rearing habitat, and being an 
implementing partner for the Columbia River Anadromous Fish Restoration 
Plan of the Umatilla, Nez Perce, Warm Springs, and Yakama Tribes. This 
plan emphasizes strategies and principles that rely on natural 
production and healthy river systems, subbasin-level return goals for 
salmon, and the watershed restoration actions that must be undertaken 
to achieve them.
    Tribal lands are currently being managed on a voluntary basis in 
cooperation with the Service and others to conserve bull trout and 
achieve important conservation goals. CTUIR cooperation is especially 
necessary because recovery of bull trout in the Umatilla and Touchet 
river basins depends on the cooperation of the CTUIR. The Tribe has a 
record of action and commitment that will continue regarding the 
conservation of bull trout and the habitats upon which they depend. The 
CTUIR, through their forest Management Plan and their Tribal Codes, and 
by affirmative bull trout and watershed protection and restoration 
projects, has a comprehensive scheme in place protecting and enhancing 
fish habitat. We expect this cooperation and bull trout conservation to 
continue. We believe that the bull trout benefits from the CTUIR's 
voluntary management actions.

The Confederated Tribes and Bands of the Yakama Nation (Yakama Nation)

    The current Yakama Nation Tribal Forest Management Plan (FMP) 
describes best management practices (BMPs) including measures for road 
building and riparian management intended to minimize sediment 
delivery, preserve riparian shading, and maintain cool stream 
temperatures. The FMP provides similar conservation benefit to 
salmonids (including bull trout) through these BMPs as the Washington 
State Forest Practice Rules, which are implemented as part of a 
Statewide HCP (discussed earlier). Compliance with FMP measures is 
enforced through technical review of proposed timber sales or other 
activity by a Tribal Inter-Disciplinary Team.
    Tribal Fisheries Program staff are currently working with Tribal 
Wildlife staff to produce a supplement to the FMP that provides 
specific additional BMPs for protection of spotted owls, bull trout, 
and other listed or sensitive species. Tribal staff have committed to 
ongoing coordination with the Service in the development of the final 
supplements and their inclusion into final recovery planning. The 
supplemental BMPs will enhance the effectiveness of protection and 
conservation efforts for bull trout, in a manner similar to a species 
management plan.
    Lastly, the Yakama Nation is implementing fish habitat protection 
and restoration actions in the Klickitat and Yakima (including Ahtanum 
Creek basins), and on other nonreservation lands in the Wenatchee, 
Entiat, and Methow basins. These actions, while not specific to bull 
trout, will have beneficial effects for bull trout. Although 
restoration actions generally do not affect bull trout habitat in 
spawning and rearing areas, they could improve the migration corridor 
in the mainstems of these rivers for sub-adult rearing and adult 
migration.
    The Yakama Nation does not support an exclusion of reservation 
boundary waters that are not wholly within the management jurisdiction 
and authority of the Yakama Nation. Specifically, the Tribe believes 
that maintaining the bull trout critical habitat designation in lower 
Ahtanum Creek and the Yakima River where it borders the reservation 
would increase the likelihood that water and land use practices on the 
far bank or upstream of the reservation would be compatible with bull 
trout protection. Consistent with the Tribe's preferences, and because 
these areas are not wholly within the management jurisdiction and 
authority of the Yakama Nation, these areas have not been excluded.

The Yakama Nation, CTUIR, CTWS and the Columbia River Inter-Tribal Fish 
Commission

    In 2005, the Northwest Power and Conservation Council (Council) 
completed one of the largest, locally-led watershed planning efforts of 
its kind in the United States, an effort that resulted in separate 
plans for 58 tributary watersheds or mainstem segments of the Columbia 
River. These subbasin plans were developed collaboratively by State and 
Federal fish and wildlife agencies, Indian Tribes (through the Columbia 
River Inter-Tribal Fish Commission), local planning groups, fish 
recovery boards, and Canadian entities where the plans address 
transboundary rivers. The planning effort was guided by the Council and 
funded by the Bonneville Power Administration. The Columbia River 
Inter-Tribal Fish Commission (CRITFC) is the fishery coordinating 
agency of four Columbia River treaty Tribes: the Nez Perce Tribe, the 
Confederated Tribes of the Warm Springs Reservation, the Confederated 
Tribes of the Umatilla Indian Reservation, and the Confederated Tribes 
and Bands of the Yakama Indian Nation. The four Columbia River treaty 
Tribes that make up CRIFTC are co-managers of the Columbia River basin 
fishery, in the States of Oregon, Washington, and Idaho, and have 
responsibilities for conservation and management of habitat, and 
harvest and hatchery decisions. As a result of their involvement, the 
Tribes play a significant role in sub-basin planning and 
implementation.
    Sub-basin plans identify priority restoration and protection 
strategies for habitat and fish and wildlife populations in U.S. 
portion of the Columbia River system. Many of the subbasin plans 
identify bull trout as a focal species with specific conservation 
measures. The plans guide the future implementation of the Council's 
Columbia River Basin Fish and Wildlife Program, which directs more than 
$140 million per year of Bonneville Power Administration (BPA) 
electricity revenues to protect, mitigate, and enhance fish and 
wildlife affected by hydropower dams. Sub-basin plans provide this 
guidance by providing the context in which proposed projects are 
reviewed for funding through the Council's program.
    Sub-basin plans also integrate strategies and actions funded by 
others, thus ensuring that each plan serves the Council's purposes 
under the Northwest Power Act and also accounts for Endangered Species 
Act and Clean Water Act requirements, and other laws

[[Page 63963]]

governing natural resource management, as fully as possible. These 
plans can be found at the following website: http://www.nwcouncil.org/fw/subbasinplanning/Default.htm.

Blackfeet Nation

    The Blackfeet Nation has worked closely and cooperatively with the 
Service on bull trout issues with the goal of developing and 
implementing the Blackfeet Nation Bull Trout Management Plan. A draft 
plan was completed in November 2007, and was recently finalized and 
adopted by the Blackfeet Tribal Business Council by Resolution No. 111-
2010.
    Through this Bull Trout Management Plan, the Blackfeet Nation has 
demonstrated a commitment to conservation, protection, and enhancement 
of the fishery resource on the Blackfeet Reservation. In addition, the 
Blackfeet Nation has supported and participated in Service studies to 
gather data for assessing effects of the Milk River Irrigation System 
on bull trout within the Saint Mary River drainage. The Nation changed 
angling regulations on their Reservation to maximize bull trout 
protection soon after the species was listed. The Nation gradually 
eliminated permits for a tribal gill net fishery in Saint Mary Lake 
that was affecting bull trout. The Blackfeet Nation has also supported 
the bull trout recovery planning process. In order to further implement 
recovery planning on tribal lands, they were recently awarded a Tribal 
Wildlife Grant and hired their first Tribal fisheries biologist.
    In addition to its cooperation with the Service, the Blackfeet 
Nation has actively taken other steps to protect bull trout habitat 
including enacting an Aquatic Lands Protection Ordinance in 1993, which 
is intended to protect Reservation streambeds and riparian habitat. The 
policy of the Blackfeet Nation as stated in Section 2 of the Aquatic 
Lands Protection Ordinance is that all waters and aquatic lands on the 
Reservation are to be protected and preserved, and that the degradation 
of Reservation waters and aquatic lands be prevented or minimized 
through the reasonable regulation of such resources. Permits are 
required for any construction activities within any aquatic lands or 
areas affecting aquatic or riparian lands, and such construction is 
strictly regulated through such permits. The Blackfeet Nation has also 
established water quality standards for all Reservation streams, 
including the relevant bull trout streams, under authority of the Clean 
Water Act (CWA). The Blackfeet Nation's application for status or 
treatment as a State under section 518 of the CWA, which is a 
prerequisite to implementation of the water quality standards, is 
currently pending before the Environmental Protection Agency.
    Blackfeet lands are being managed in cooperation with the Service 
and others to conserve bull trout and achieve important conservation 
goals. The Tribe has a record of action and commitment that will 
continue through their Management Plan and their Tribal Codes and 
Ordinances, and by affirmative bull trout and watershed protection and 
restoration projects. The Blackfeet Nation has demonstrated a 
commitment to conservation, protection, and enhancement of the bull 
trout resource on the Blackfeet Reservation and the habitats upon which 
they depend. We expect this cooperation and bull trout conservation to 
continue. We believe that the bull trout benefits from the Blackfeet 
Nation's management actions.
(1) Benefits of Inclusion
    Habitat essential to bull trout conservation exists within the 
previously identified tribal lands. The principal benefit of any 
designated critical habitat is that Federal activities will require 
section 7 consultations to ensure that adequate protection is provided 
to avoid adverse modification or destruction of critical habitat. This 
would provide an additional benefit beyond that provided under the 
jeopardy standard. In evaluating project effects on critical habitat, 
the Service must be satisfied that the PCEs and, therefore, the 
essential features of the critical habitat likely will not be altered 
or destroyed by proposed activities to the extent that the conservation 
of the affected species would be appreciably reduced. If critical 
habitat were designated in areas of unoccupied habitat or currently 
occupied areas subsequently become unoccupied, different outcomes or 
requirements are also likely because effects to unoccupied areas of 
critical habitat are not likely to trigger the need for a jeopardy 
analysis.
    In Sierra Club v. Fish and Wildlife Service, 245 F.3d 434 (5th Cir. 
2001), the Fifth Circuit Court of Appeals stated that the 
identification of habitat essential to the conservation of the species 
can provide informational benefits to the public, State and local 
governments, scientific organizations, and Federal agencies. The court 
also noted that critical habitat designation may focus and heighten 
public awareness of the plight of listed species and their habitats. 
Designation of critical habitat may contribute to conservation efforts 
by other parties by delineating areas of high conservation value for 
the bull trout. While we believe this educational outcome is important 
for bull trout conservation, we believe it has already been achieved to 
some extent through the existing management, education, and public 
outreach efforts carried out by the Tribes. A final designation of 
critical habitat on the aforementioned tribal lands would simply affirm 
the recognized conservation value of these lands, which is already 
widely accepted by conservationists, public agencies, and most of the 
public.
    We believe that a critical habitat designation for the bull trout 
on previously identified tribal lands would provide a relatively low 
level of additional benefit. Any regulatory conservation benefits would 
accrue through the benefit associated with additional section 7 
consultation associated with critical habitat. Based on a review of 
past consultations and consideration of the likely future activities in 
this specific area, minimal Federal activity is expected to occur on 
previously identified tribal lands that would trigger section 7 
consultations.
(2) Benefits of Exclusion
    Proactive voluntary conservation efforts are necessary to prevent 
bull trout extirpation and promote the recovery of the bull trout on 
lands of the CTWS, Blackfeet Nation, CTUIR, and the Yakama Nation. This 
is especially important in areas where the bull trout has been 
extirpated and its recovery requires access and permission for 
reintroduction efforts. For example, bull trout have been extirpated 
from some rivers in the Coastal Recovery Unit, and repopulation is not 
likely without the CTWS' cooperation. The aforementioned Tribes have a 
long history of carrying out proactive conservation actions on their 
lands. Their management plans provide guidelines for land uses that 
affect tribal resources and serve as the basis for tribal management 
decisions. We believe that the bull trout will benefit from the Tribes' 
voluntary management actions due to their long-standing and broad 
application to tribal management decisions. Additional benefits of 
excluding Indian lands from designation include: (1) The maintenance of 
effective, long-term working relationships to promote the conservation 
of bull trout while streamlining the consultation process; (2) the 
allowance for continued, meaningful collaboration and cooperation in 
scientific work to learn more about the life history, habitat

[[Page 63964]]

requirements, and conservation needs of the species; (3) to the extent 
designation would provide any additional protection and conservation of 
bull trout and its habitat that might otherwise not accrue to bull 
trout that depend on tribal streams, the costs associated with that 
protection would be avoided; and (4) exclusion would reduce 
administrative costs of section 7 consultation (as discussed 
previously, these costs are unlikely to lead to additional actual 
protection for bull trout habitat). We believe that fish, wildlife, and 
other natural resources on tribal lands may be better managed under 
tribal authorities, policies, and programs than through Federal 
regulation where tribal management addresses the conservation needs of 
listed species. Based on this philosophy, we believe that, in many 
cases, designation of tribal lands as critical habitat may provide 
little additional benefit to bull trout. In addition, such designation 
may be viewed by Tribes as unwarranted and an unwanted intrusion into 
tribal self-governance, thus compromising the government-to government 
relationship essential to achieving our mutual goals of managing for 
healthy ecosystems upon which the viability of endangered and 
threatened species populations depend.
    The Tribes have cooperated with us to implement proactive 
conservation measures. They have cooperated with Federal and State 
agencies, and private organizations, to implement voluntary 
conservation activities on their lands and in their respective river 
basins, which have resulted in tangible conservation benefits. Where 
consistent with the discretion provided by the Act, we believe it is 
necessary to implement policies that provide positive incentives to 
voluntarily conserve natural resources and that remove or reduce 
disincentives to conservation. Thus, we believe it is essential for the 
recovery of bull trout to build on continued conservation activities 
with these Tribes, to provide positive incentives implementing 
voluntary conservation activities, and to respect tribal concerns about 
incurring incidental regulatory or economic impacts.
    We believe that excluding these tribal lands from critical habitat 
will help maintain and improve our relationship by recognizing their 
positive contribution to bull trout conservation. It will also reduce 
the cost and logistical burden of regulatory oversight. We believe this 
recognition will provide other landowners with a positive incentive to 
undertake voluntary conservation activities on their lands, especially 
where there is no regulatory requirement to implement such actions. Few 
additional benefits would be provided by including these tribal lands 
in this critical habitat designation beyond what will be achieved 
through the implementation of their existing conservation plans.
(3) Benefits of Exclusion Outweigh Benefits of Inclusion
    Based on the above considerations and consistent with the direction 
provided in section 4(b)(2) of the Act, the Service has determined that 
the benefits of excluding the above tribal lands outweigh the benefits 
of including them as critical habitat. This conclusion is based on the 
following factors. It is possible, although unlikely, that Federal 
actions will be proposed that would be likely to destroy or adversely 
modify the habitat proposed as critical within the area governed by the 
above Tribes. If such a project were proposed, due to the specific way 
in which jeopardy and adverse modification are analyzed for bull trout, 
discussed in detail earlier in this document, it would likely also 
jeopardize the continued existence of the species. Few additional 
benefits are provided by including these tribal lands in this critical 
habitat designation beyond what will be achieved through the 
implementation of the existing tribal management or conservation plans. 
In addition, we expect that the benefit of informing the public of the 
importance of this area to bull trout conservation would be low.
    We do not believe that inclusion of tribal lands and waters will 
significantly improve habitat protections for bull trout beyond what is 
already provided for in the Tribes' own protective policies and 
practices, discussed below.
    In response to the proposed rule (75 FR 2270; January 14, 2010), 
the Tribes have provided information detailing how they are already 
working to address the habitat needs of bull trout on their lands as 
well as in the larger ecosystem through conservation plans and that 
they are fully aware of the conservation value of their lands. There 
are several benefits to excluding tribal lands. The longstanding and 
distinctive relationship between the Federal and tribal governments is 
defined by treaties, statutes, executive orders, judicial decisions, 
and agreements, which differentiate tribal governments from the other 
entities that deal with, or are affected by, the Federal government. 
This relationship has given rise to a special Federal trust 
responsibility involving the legal responsibilities and obligations of 
the United States toward Indian Tribes and the application of fiduciary 
standards of due care with respect to Indian lands, tribal trust 
resources, and the exercise of tribal rights. Under these authorities, 
Indian lands are recognized as unique and have been retained by Indian 
Tribes or have been set aside for tribal use. These lands are managed 
by Indian Tribes in accordance with tribal goals and objectives within 
the framework of applicable treaties and laws.
    The Tribes have stated in letters and meetings that designation of 
Indian lands as critical habitat will undermine long-term working 
relationships and reduce the capacity of Tribes to participate at 
current levels in the many and varied forums across four States 
addressing ecosystem management and conservation of fisheries 
resources. The benefits of excluding Indian lands from designation 
include the combination of: (1) The maintenance of effective, long-term 
working relationships to promote species conservation on an ecosystem-
wide basis; (2) continued meaningful collaboration and cooperation in 
scientific work to learn more about the conservation needs of the 
species on an ecosystem-wide basis; and (3) recognition and 
continuation of the conservation benefits to bull trout from the 
Tribes' existing conservation programs.
    Tribal lands are currently being managed on a voluntary basis in 
cooperation with the Service and others to conserve bull trout and 
achieve important conservation goals. We believe the bull trout 
benefits from the Tribes' voluntary management actions due to their 
long-standing and broad application to tribal management decisions. 
Tribal cooperation and support is required to continue cooperative 
scientific efforts, to promote the recovery of bull trout, and to 
implement proactive conservation actions. This need for the tribal 
cooperation is especially acute because, in some cases, populations 
exist only on areas of tribal management or only on tribal lands. 
Future conservation efforts in these areas require the continued 
cooperation and support of the Tribes. Exclusion of tribal lands from 
the critical habitat designation will help us maintain and improve our 
partnership with these Tribes by formally recognizing their positive 
contributions to bull trout recovery, and by streamlining or reducing 
unnecessary regulatory oversight.
    Given the cooperative relationship between these Tribes and the 
Service, and all of the conservation benefits taken together, we 
believe the additional regulatory and educational benefits of including 
the tribal lands as critical habitat are relatively small. The

[[Page 63965]]

designation of critical habitat can serve to educate the public 
regarding the potential conservation value of an area, but this goal is 
already being accomplished through the identification of these areas in 
the tribal management plans and through their outreach efforts.
    Because of the ongoing relationship between the Service and the 
Tribes through a variety of forums, we find the benefits of these 
coordination efforts to be greater than the benefits of applying the 
Act's section 7 consultations for critical habitat to Federal 
activities on tribal lands. Based upon our consultations with the 
Tribes identified above, we believe that designation of Indian lands as 
critical habitat would adversely impact our working relationship and 
the benefits resulting from this relationship.
    In contrast, although the benefits of encouraging participation in 
tribal management plans, and, more broadly, helping to foster 
cooperative conservation are indirect, enthusiastic tribal 
participation and an atmosphere of cooperation are crucial to the long-
term effectiveness of the endangered species program. Also, we have 
concluded that the Tribes' voluntary conservation efforts will provide 
tangible conservation benefits that will reduce the likelihood of 
extinction and increase the likelihood for bull trout recovery. 
Therefore, we assign great weight to these benefits of exclusion. To 
the extent that there are regulatory benefits of including tribal lands 
in critical habitat, there would be associated costs that could be 
avoided by excluding the area from designation. As we expect the 
regulatory benefits to be low, we likewise give weight to avoidance of 
those associated costs, as well as the additional transaction costs 
related to section 7 compliance.
    Therefore, we have determined that the benefits of inclusion for 
the Tribes mentioned above are small, while the benefits of exclusion 
are more significant. Consequently, we conclude the benefits of 
exclusion outweigh the benefits of inclusion. We have reviewed the 
overall effect of the exclusion of the CTWS, Blackfeet Nation, CTUIR, 
and Yakama tribal lands for bull trout and their essential habitat. We 
have determined that the benefits of excluding these areas outweigh the 
benefits of including them in this critical habitat designation. 
Designation of critical habitat in these areas would most likely have a 
negative effect on the recovery and conservation of bull trout. Because 
we anticipate that little if any conservation benefit to the bull trout 
will be foregone as a result of the removal of these tribal streams 
from critical habitat designation, these exclusions will not lead to 
the species' extinction. Therefore, on the basis of our weighing and 
balancing above, the Secretary is exercising his discretion under 
section 4(b)(2) of the Act to exclude tribal lands (identified in Table 
10) from critical habitat designation for bull trout. This decision is 
also consistent with the June 5, 1997, Secretarial Order ``In 
accordance with the President's Federal - Tribal Trust 
Responsibilities, and the Endangered Species Act'' (Secretarial Order 
3206), and the November 6, 2000, Executive Order ``Consultation and 
Coordination With Indian Tribal Governments'' (Executive Order 13175).
    The areas under management by the above Tribes that we are 
excluding from critical habitat are those waterbodies within 
reservation boundaries, and waterbodies that are adjacent to: (1) Lands 
held in trust by the United States for the benefit of any Indian Tribe; 
(2) lands held in trust by the United States for any Indian Tribe or 
individual subject to restrictions by the United States against 
alienation; (3) fee lands, either within or outside the reservation 
boundaries, owned by the tribal government; and (4) fee lands within 
the reservation boundaries owned by individual Indians. We have 
determined that these exclusions, together with the other exclusions 
described in this rule, will not result in extinction of the species.
Affected Treaty Tribes in Western Washington
    The Treaty Tribes in Western Washington have a long-standing 
commitment to the protection and restoration of the fisheries resources 
throughout the Tribe's usual and accustomed fishing areas. Tribes 
affected by the bull trout critical habitat designation include: the 
Swinomish Tribe, Quinault Indian Nation, Muckleshoot Tribe, Jamestown 
S'Klallam Tribe, Hoh Tribe, Lower Elwha-Klallam, Quileute Tribe, Lummi 
Nation, Nooksack Tribe, Puyallup Tribe, Stillaguamish Tribe, Tulalip 
Tribes, and Skokomish Tribe Reservations and tribal lands within the 
Puget Sound-Coastal population.
    The ruling in U.S. v. Washington, 384 F. Supp. 312 (W.D. Wash. 
1974)), (the Boldt Decision) re-affirmed the rights reserved by the 
Tribes in the original treaties and established the Tribes as co-
managers of the salmon resource with the State. Subsequent Federal 
court rulings have upheld tribal shellfish harvest rights and the 
tribal environmental right to protection and restoration of salmon 
habitat. The identified Tribes have been involved co-managers of 
salmonid fisheries prior to the Boldt decision and were recognized as 
self-regulatory by Washington State in 1998. They have aggressively 
pursued aquatic habitat restoration grants throughout their watersheds 
and independent streams and have been a key player in developing 
restoration, management and recovery plans for all salmonid species, 
including the bull trout. The State relies on tribal information and 
effort to keep salmonid information up to date. Most of the Tribes have 
a strong marine program, as well. They are active in several State and 
Federal committees regarding salmonid protection and management, as 
well as water quality.
    The western Washington Indian Tribes have treaty-reserved fishing 
rights in the marine waters within Puget Sound and off the Washington 
Coast. Tribal governments share co-management authority and 
responsibility for marine resources in their usual and accustomed 
fishing areas with the State of Washington or the Federal government, 
depending on the specific resource and area identified. Conservation 
goals and standards for fishery resources management are established 
through government-to-government consultations between the co-managers 
and with the other State or Federal agencies as appropriate. The salmon 
and steelhead fisheries are managed cooperatively in a unique 
government-to-government relationship between the State of Washington 
and the Tribes. While their co-management activities do not currently 
involve bull trout directly, actions undertaken on behalf of this 
partnership do in fact benefit bull trout. As such, this co-management 
process provides specific protection to tribal trust resources and bull 
trout.
    The State and Tribes in 1992 produced the Salmon Stock Inventory 
(SaSI), a critical document for wild fish recovery. The SaSI 
definitively identified the status of each wild stock, including bull 
trout, in categories ranging from extinct to healthy, and provided a 
system to monitor their status. As habitat recovery efforts by the 
State, Tribes and citizen groups shift into implementation, the SaSI, 
currently being updated, will help ensure restoration efforts are 
working. The State and Tribes also worked collaboratively with NOAA 
Fisheries and the Service to develop the Puget Sound Shared Strategy. 
The Puget Sound Shared Strategy focuses on the Puget Sound basin, 
including its marine waters and individual watersheds. It also focuses 
on groups of Puget Sound

[[Page 63966]]

fish that have genetic, ecological, and life histories that distinguish 
them from other groups within their species. Puget Sound Tribes are co-
managers of Puget Sound Basin fisheries in Washington, and share 
responsibilities for habitat, harvest, and hatchery decisions with 
Washington Department of Fish and Wildlife, and with NOAA Fisheries for 
listed species.
    Puget Sound Tribes played a significant role in the development of 
the Puget Sound Salmon Recovery Plan for listed salmonids, including 
bull trout. The development of this plan was guided by the regional 
recovery strategy, called the Shared Strategy for Puget Sound. 
Individual Tribes played a critical role in the development of the 
individual watershed chapters of the recovery plan, and continue to 
play a critical role within local watershed planning groups in the 
implementation of these individual watershed plans. These plans assist 
in targeting salmonid habitats in greatest need of restoration or 
protection within the individual watersheds. These plans can be found 
at the following website: http://www.sharedsalmonstrategy.org/plan/index.htm.
    The initial goal-setting process of the Shared Strategy focused on 
Puget Sound species listed under the Act: Puget Sound Chinook salmon, 
Hood Canal summer chum, and bull trout. The Shared Strategy not only 
works to promote the recovery of these species, it will also promote 
and protect the continued health of thriving stocks to avoid further 
listings under the Act. As these examples demonstrate, co-management is 
an ongoing, evolving process. Its guiding principle is that much more 
can be done to strengthen, preserve, and restore salmonid and steelhead 
resources by working together in a cooperative manner.
    The Treaty Tribes of Western Washington have a long history of 
working with their partners to carryout proactive conservation and to 
maintain stewardship and conserve species. In addition, the following 
discussion identifies specific types of actions and conservation 
management that many of the Western Washington Treaty Tribes have 
undertaken.

Swinomish Tribe

    The Swinomish Tribe has a management plan that addresses surface 
water resources of the Swinomish Reservation, including marine 
tidelands, an artificial marine channel, estuarine wetlands, small 
streams, and freshwater wetlands. The management plan is based on 
existing knowledge and ongoing studies, active conservation practices, 
ordinances, and current management plans. It will be updated with new 
information obtained from ongoing surveys, habitat assessments, and 
other planning processes. The plan consists of regulation and 
implementation of updated tribal laws to protect habitat, control 
development, reduce pollution within the boundaries of the Reservation, 
restore habitat, and remove fish passage barriers to contribute 
proactively to species recovery.

Quinalt Nation

    The Quinault Indian Nation and the Bureau of Indian Affairs (BIA) 
developed a forest management plan (FMP) for the entire Quinault Indian 
Reservation. The FMP covers all forestland (about 70,000 ha (173,000 
ac)) under tribal and BIA timber management, including individual 
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. Although some adverse effects to the bull trout are 
expected during implementation of the plan, it is expected to provide 
for long-term bull trout conservation needs.

Skokomish Tribe

    The Skokomish Tribe has provided aquatic resource protection and 
restoration through a number of collaborative efforts on their 
reservation and other trust lands. The Tribe has been working regularly 
with landowners, local governments, and others to implement and fund 
voluntary efforts that provide conservation benefits to salmonids, 
including bull trout. These cooperative efforts include a variety of 
investigative assessments, restoration and enhancement projects, 
property acquisitions, and floodplain and river reach analysis.

Muckleshoot Tribe

    The Muckleshoot Tribe has demonstrated a commitment to 
conservation, protection, and enhancement of fish resources both on and 
off the Muckleshoot Reservation. For example, the Tribe has designated 
all areas of the White River within its reservation, from ``bluff to 
bluff,'' as a conservation zone. The Tribe has also been a leading 
participant in gathering data for Lake Washington and preparing a Lake 
Washington Recovery Plan.

Jamestown S'Klallam Tribe

    The Jamestown S'Klallam Tribe has a record and reputation as a 
participant and leader in the planning and implementation of salmonid 
habitat protection and restoration efforts. The Tribe is dedicated to 
coordinating with NOAA Fisheries, the Service, and the State of 
Washington in the spirit of co-management, and is also involved in 
active consultation and in multiple programs to protect listed salmonid 
species.

Hoh Tribe

    The Hoh Tribe has a forest management plan that demonstrates a 
commitment to protect bull trout habitat on or adjacent to its 
reservation. This plan designates major portions of the floodplain and 
riparian zones adjacent to streams on the current reservation landscape 
for conservancy, and is filed with the BIA.
(1) Benefits of Inclusion
    The principal benefit of any designated critical habitat is that 
Federal activities will require section 7 consultations to ensure that 
adequate protection is provided to avoid adverse modification or 
destruction of critical habitat. This would provide an additional 
benefit beyond that provided under the jeopardy standard. In evaluating 
project effects on critical habitat, the Service must be satisfied that 
the PCEs and, therefore, the essential features of the critical habitat 
likely will not be altered or destroyed by proposed activities to the 
extent that the conservation of the affected species would be 
appreciably reduced. If critical habitat were designated in areas of 
unoccupied habitat or currently occupied areas subsequently become 
unoccupied, different outcomes or requirements are also likely since 
effects to unoccupied areas of critical habitat are not likely to 
trigger the need for a jeopardy analysis.
    In Sierra Club v. Fish and Wildlife Service, 245 F.3d 434 (5th Cir. 
2001), the Fifth Circuit Court of Appeals stated that the 
identification of habitat essential to the conservation of the species 
can provide informational benefits to the public, State and local 
governments, scientific organizations, and Federal agencies. The court 
also noted that critical habitat designation may focus and heighten 
public awareness of the plight of listed species and their habitats. 
Designation of critical habitat may contribute to

[[Page 63967]]

conservation efforts by other parties by delineating areas of high 
conservation value for the bull trout.
(2) Benefits of Exclusion
    The benefits of excluding Indian lands from designation include: 
(1) The maintenance of effective, long-term working relationships to 
promote the conservation of bull trout while streamlining the 
consultation process; (2) the allowance for continued meaningful 
collaboration and cooperation in scientific work to learn more about 
the life history, habitat requirements, and conservation needs of the 
species; (3) to the extent designation would provide any additional 
protection and conservation of bull trout and its habitat that might 
otherwise not accrue to bull trout that depend on tribal streams, the 
costs associated with that protection would be avoided; and (4) 
exclusion would reduce administrative costs of section 7 consultation 
(as discussed previously, these costs are unlikely to lead to 
additional actual protection for bull trout habitat). We believe that 
fish, wildlife, and other natural resources on tribal lands may be 
better managed under tribal authorities, policies, and programs than 
through Federal regulation where tribal management addresses the 
conservation needs of listed species. Based on this philosophy, we 
believe that, in many cases, designation of tribal lands as critical 
habitat may provide little additional benefit to threatened and 
endangered species. In addition, such designation may be viewed by 
Tribes as unwarranted and an unwanted intrusion into tribal self-
governance, thus compromising the government-to-government relationship 
essential to achieving our mutual goals of managing for healthy 
ecosystems upon which the viability of endangered and threatened 
species populations depend.
    We believe that excluding these tribal lands from critical habitat 
will help maintain and improve our partnership relationship by 
recognizing the Tribes' positive contribution to bull trout 
conservation. It will also reduce the cost and logistical burden of 
regulatory oversight. We believe this recognition will provide other 
landowners with a positive incentive to undertake voluntary 
conservation activities on their lands, especially where there is no 
regulatory requirement to implement such actions. Tribal cooperation 
and support is required to prevent extirpations and extinction and 
promote the recovery of the bull trout due to the need to implement 
proactive conservation actions. Future conservation efforts will 
require the cooperation of these Tribes. Exclusion of their lands from 
this critical habitat designation will help us maintain and improve our 
partnership with them by formally recognizing the positive 
contributions these Tribes have made to bull trout recovery, and by 
streamlining or reducing unnecessary regulatory oversight. The Tribes 
have cooperated with us to implement proactive conservation measures. 
They have cooperated with Federal and State agencies, and private 
organizations, to implement voluntary conservation activities on their 
lands that have resulted in tangible conservation benefits. Where 
consistent with the discretion provided by the Act, we believe it is 
necessary to implement policies that provide positive incentives to 
voluntarily conserve natural resources and that remove or reduce 
disincentives to conservation. Thus, we believe it is essential for the 
recovery of bull trout to build on continued conservation activities 
with these Tribes, to provide positive incentives implementing 
voluntary conservation activities, and to respect tribal concerns about 
incurring incidental regulatory or economic impacts.
(3) Benefits of Exclusion Outweigh benefits of Inclusion
    Based on the above considerations and consistent with the direction 
provided in section 4(b)(2) of the Act, the Service has determined that 
the benefits of excluding the above tribal lands outweigh the benefits 
of including them as critical habitat. This conclusion is based on the 
following factors. It is possible, although unlikely, that a Federal 
action could be proposed that was likely to destroy or adversely modify 
critical habitat within areas subject to tribal management. If such a 
project were to be proposed, any action that would be likely to destroy 
or adversely modify critical habitat would likely also jeopardize the 
continued existence of the species because of the specific way in which 
jeopardy and adverse modification are analyzed for bull trout. In 
addition, for the reasons discussed above, we believe the educational 
benefit of informing the public of the importance of this area to bull 
trout conservation would be limited because of previous and ongoing 
efforts. Therefore, we assign relatively little weight to the benefits 
of designating this area as critical habitat.
    Because of the very small size of most of the Treaty Tribes of 
Western Washington reservation lands, we do not believe that inclusion 
of tribal lands and waters will significantly improve habitat 
protections for bull trout beyond what is already provided for in the 
Tribes' own protective policies and practices, discussed below.
    In response to the proposed rule (75 FR 2270; January 14, 2010), 
the Tribes have demonstrated how they are already working to address 
the habitat needs of the species on these lands as well as in the 
larger ecosystem through conservation plans, and that they are fully 
aware of the conservation value of their lands. There are several 
benefits to excluding tribal lands. The longstanding and distinctive 
relationship between the Federal and tribal governments is defined by 
treaties, statutes, executive orders, judicial decisions, and 
agreements, which differentiate tribal governments from the other 
entities that deal with, or are affected by, the Federal government. 
This relationship has given rise to a special Federal trust 
responsibility involving the legal responsibilities and obligations of 
the United States toward Indian Tribes and the application of fiduciary 
standards of due care with respect to Indian lands, tribal trust 
resources, and the exercise of tribal rights. Under these authorities, 
Indian lands are recognized as unique and have been retained by Indian 
Tribes or have been set aside for tribal use. These lands are managed 
by Indian Tribes in accordance with tribal goals and objectives within 
the framework of applicable treaties and laws. In addition to the 
distinctive trust relationship, for the area that overlaps salmon and 
steelhead in the Northwest, there is a unique partnership between the 
Federal government and Indian Tribes regarding salmon management. The 
Treaty Tribes of Western Washington are regarded as ``co-managers'' of 
the salmon resource, along with Federal and State managers. This co-
management relationship evolved as a result of numerous court decisions 
clarifying the Tribes' treaty right to take fish in their usual and 
accustomed places. While their co-management activities do not 
currently involve bull trout directly, actions undertaken on behalf of 
this partnership do in fact benefit bull trout. As such, this co-
management process provides specific protection to tribal trust 
resources and bull trout.
    Tribes have played a significant role in the development of habitat 
conservation plans, local watershed plans, or other habitat plans and 
have conducted numerous habitat restoration and research projects 
designed to protect or improve habitat for listed species. 
Additionally, the Tribes have stated in letters and at meetings that 
designation of Indian lands as critical habitat will undermine long-
term,

[[Page 63968]]

working relationships and reduce the capacity of Tribes to participate 
at current levels in the many and varied forums across four States 
addressing ecosystem management and conservation of fisheries 
resources. The benefits of excluding Indian lands from designation 
include the combination of: (1) The furtherance of established national 
policies, our Federal trust obligations, and our deference to the 
Tribes in management of natural resources on their lands; (2) the 
maintenance of effective, long-term working relationships to promote 
species conservation on an ecosystem-wide basis; (3) the allowance for 
continued meaningful collaboration and cooperation in scientific work 
to learn more about the conservation needs of the species on an 
ecosystem-wide basis; (4) recognition and continuation of, the 
conservation benefits to bull trout from the Tribes' existing 
conservation programs; and (5) respect for tribal sovereignty over 
management of natural resources on Indian lands through established 
tribal natural resource programs.
    We believe that the current co-manager process, along with the 
individual Tribe's efforts to conserve and manage bull trout habitat, 
is beneficial for the conservation of the bull trout and its critical 
habitat. Because these processes provide for coordinated, ongoing, 
focused action through a variety of forums, we find the benefits of 
this process to be greater than the benefits of applying the Act's 
section 7 consultation for critical habitat to Federal activities on 
Indian lands. We also believe that maintenance of our current 
relationship consistent with existing policies is an important benefit 
to continuation of our tribal trust responsibilities and relationship. 
Based upon our consultation with the Tribes identified above, we 
believe that designation of Indian lands as critical habitat would 
adversely impact our working relationship and the benefits resulting 
from this relationship.
    In contrast, although the benefits of encouraging participation in 
tribal management plans, and, more broadly, helping to foster 
cooperative conservation are indirect, enthusiastic tribal 
participation and an atmosphere of cooperation are crucial to the long-
term effectiveness of the endangered species program. Also, we have 
concluded that the Tribes' voluntary conservation efforts will provide 
tangible conservation benefits that will reduce the likelihood of 
extinction and increase the likelihood for bull trout recovery. 
Therefore, we assign great weight to these benefits of exclusion. To 
the extent that there are regulatory benefits of including tribal lands 
in critical habitat, there would be associated costs that could be 
avoided by excluding the area from designation. As we expect the 
regulatory benefits to be low, we likewise give weight to avoidance of 
those associated costs, as well as the additional transaction costs 
related to section 7 compliance.
    Therefore, we have determined that the benefits of inclusion for 
the Tribes mentioned above are small, while the benefits of exclusion 
are more significant. Consequently, we conclude the benefits of 
exclusion outweigh the benefits of inclusion. We have reviewed the 
overall effect of the exclusion of the above-mentioned tribal lands for 
bull trout and their essential habitat. We have determined that the 
benefits of excluding these areas outweigh the benefits of including 
them in this critical habitat designation. Designation of critical 
habitat in these areas would most likely have a negative effect on the 
recovery and conservation of bull trout. Because we anticipate little 
if any conservation benefit to the bull trout will be foregone as a 
result of the removal of these tribal streams from critical habitat 
designation, these exclusions will not lead to the species' extinction. 
Therefore, on the basis of our weighing and balancing above, the 
Secretary is exercising his discretion under section 4(b)(2) of the Act 
to exclude tribal lands (identified in Table 12) from critical habitat 
designation for bull trout. This decision is also consistent with the 
June 5, 1997, Secretarial Order ``American Indian Tribal Rights, 
Federal - Tribal Trust Responsibilities and the Endangered Species 
Act''(Secretarial Order 3206), and the November 6, 2000, Executive 
Order ``Consultation and Coordination With Indian Tribal Governments'', 
(Executive Order 13175).
    The areas under management by the above Tribes that we are 
excluding from critical habitat are those waterbodies within 
reservation boundaries, and waterbodies that are adjacent to: (1) Lands 
held in trust by the United States for the benefit of any Indian Tribe; 
(2) lands held in trust by the United States for any Indian Tribe or 
individual subject to restrictions by the United States against 
alienation; (3) fee lands, either within or outside the reservation 
boundaries, owned by the tribal government; and (4) fee lands within 
the reservation boundaries owned by individual Indians. We have 
determined that these exclusions, together with the other exclusions 
described in this rule, will not result in extinction of the species.

  Table 12.--Tribal Nation, Critical Habitat Unit, and Stream/Waterbody
            Affected by Section 4(b)(2) of the Act Exclusion
------------------------------------------------------------------------
                                  Critical Habitat     Stream/waterbody
         Tribal Nation                  Unit                 name
------------------------------------------------------------------------
Confederated Tribes of Warm      Deschutes River     Deschutes River,
 Springs                          Basin, Lower        Shitike Creek,
                                  Mainstem Columbia   Jefferson Creek,
                                  and John Day        Warm Springs
                                  River Basin         River, Whitewater
                                                      River, Metolius
                                                      River (and small
                                                      tributaries), John
                                                      Day River, portion
                                                      of Lake Billy
                                                      Chinook, Upper
                                                      Mainstem John Day
                                                      River, Middle Fork
                                                      John Day River,
                                                      Columbia River
------------------------------------------------------------------------
Blackfeet Nation                 Saint Mary River    Saint Mary River
                                  Basin
------------------------------------------------------------------------
Yakama Nation                    Yakama and Lower    Yakima River,
                                  Columbia River      Ahtanum Creek,
                                  Basins              South Fork Ahtanum
                                                      Creek, West Fork
                                                      Klikitat River,
                                                      Little Muddy
                                                      Creek, Crawford
                                                      Creek,
                                                     Clearwater Creek,
                                                      Trappers Creek,
                                                      Fish Lake Stream,
                                                     Unnamed tributary
                                                      that meets Fish
                                                      Lake Stream, and
                                                      Two Lakes Stream
------------------------------------------------------------------------
Hoh Tribe                        Olympic Peninsula   Hoh River and
                                                      Pacific Coast
                                                      nearshore
------------------------------------------------------------------------
Jamestown S'Klallam Tribe        Olympic Peninsula   Dungeness River
------------------------------------------------------------------------

[[Page 63969]]

 
Lower Elwha Klallam Tribe        Olympic Peninsula   Elwha River and
                                                      Strait of Juan De
                                                      Fuca nearshore
------------------------------------------------------------------------
Quileute Tribe                   Olympic Peninsula   Pacific Coast
                                                      nearshore
------------------------------------------------------------------------
Skokomish Tribe                  Olympic Peninsula   Skokomish River,
                                                      Nalley Slough,
                                                      Skobob Creek, and
                                                      Hood Canal
                                                      nearshore
------------------------------------------------------------------------
Lummi Nation                     Puget Sound         Nooksack River and
                                                      Puget Sound
                                                      nearshore
------------------------------------------------------------------------
Muckleshoot Tribe                Puget Sound         White River
------------------------------------------------------------------------
Nooksack Tribe                   Puget Sound         Nooksack River,
                                                      Fishtrap Creek,
                                                      Anderson Creek,
                                                      and Smith Creek
------------------------------------------------------------------------
Puyallup Tribe                   Puget Sound         Puyallup River and
                                                      Puget Sound
                                                      nearshore
------------------------------------------------------------------------
Stillaguamish Tribe              Puget Sound         Stillaguamish River
                                                      and Pilchuck Creek
------------------------------------------------------------------------
Swinomish Tribe                  Puget Sound         Swinomish Channel
                                                      and Puget Sound
                                                      nearshore
------------------------------------------------------------------------
Tulalip Tribes                   Puget Sound         Puget Sound
                                                      nearshore
------------------------------------------------------------------------
Quinault Tribe                   Olympic Peninsula   Quinault River,
                                                      lower Quinault
                                                      River tributaries,
                                                      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.
------------------------------------------------------------------------
Confederated Tribes of the       Umatilla River,     Umatilla River
 Umatilla                         Walla Walla         Basin, Walla Walla
                                  Basin, Columbia     Basin, Columbia
                                  Mainstem            Mainstem
------------------------------------------------------------------------

Identification of Specific Geographic Areas Excluded Under Section 
4(b)(2) of the Act

    Publishing the geospatial coordinates for each portion of a 
particular waterbody excluded under section 4(b)(2) of the Act would be 
cost-prohibitive, given the wide range of the species and the number of 
waterbodies affected. However, each area excluded is described by 
narrative in the Application of Section 4(b)(2) of the Act section. We 
have also correlated each applicable exclusion with its relevant 
critical habitat unit map in this final rule. Information to aid in 
identifying the geographic extent of each waterbody excluded under 
section 4(b)(2) of the Act is available at http://www.fws.gov/pacific/bulltrout/.

Exclusions Based on Economic Impacts

    Under section 4(b)(2) of the Act, we consider the economic impacts 
of specifying any particular area as critical habitat. In order to 
consider economic impacts, we prepared a draft economic analysis (DEA), 
which we made available for public review concurrent with the proposed 
rule on January 14, 2010 (75 FR 2270). We accepted comments on the DEA 
until March 15, 2010. We then reopened the comments period on the 
proposal from March 23, 2010, to April 5, 2010 (75 FR 13715, March 23, 
2010). Following the close of the comment period, a final analysis of 
the potential economic effects of the designation was developed taking 
into consideration the public comments and any new information.
    The intent of the final economic analysis (FEA) is to quantify the 
economic impacts of all potential conservation efforts for the bull 
trout. Some of these costs will likely be incurred regardless of 
whether we designate critical habitat (baseline). The economic impact 
of the final critical habitat designation is analyzed by comparing 
scenarios both ``with critical habitat'' and ``without critical 
habitat.'' The ``without critical habitat'' scenario represents the 
baseline for the analysis, considering protections already in place for 
the species (e.g., under the Federal listing and other Federal, State, 
and local regulations). The baseline, therefore, represents the costs 
incurred regardless of whether critical habitat is designated. The 
``with critical habitat'' scenario describes the incremental impacts 
associated specifically with the designation of critical habitat for 
the species. The incremental conservation efforts and associated 
impacts are those not expected to occur absent the designation of 
critical habitat for the species. In other words, the incremental costs 
are those attributable solely to the designation of critical habitat 
above and beyond the baseline costs; these are the costs we consider in 
the final designation of critical habitat. The analysis looks 
retrospectively at baseline impacts incurred since the species was 
listed, and forecasts both baseline and incremental impacts likely to 
occur with the designation of critical habitat.
    The FEA also addresses how potential economic impacts are likely to 
be distributed, including an assessment of any local or regional 
impacts of habitat conservation and the potential effects of 
conservation activities on government agencies, private businesses, and 
individuals. The FEA measures lost economic efficiency associated with 
residential and commercial development and public projects and 
activities, such as economic impacts on water management and 
transportation projects, Federal lands, small entities, and the energy 
industry. Decisionmakers can use this information to assess whether the 
effects of the designation might unduly burden a particular group or 
economic sector. Finally, the FEA looks retrospectively at costs that 
have been incurred since 1998, when we listed the bull trout as 
threatened under the Act, and considers those costs that may occur in 
the 20 years following the designation of critical habitat, which was 
determined to be the appropriate period for analysis because limited 
planning information

[[Page 63970]]

was available for most activities to forecast activity levels for 
projects beyond a 20-year timeframe. The FEA quantifies economic 
impacts of bull trout conservation efforts associated with the 
following categories of activity: water management, activities that 
impact water quality, dredging activities and other impacts (e.g., 
bridge replacement, management plans, and natural gas pipelines). We 
have considered whether this designation would result in a 
disproportionate or significant economic effect to any potentially 
affected entities. Based on our FEA, we have determined that the 
incremental economic effects associated with the revised designation of 
critical habitat for the bull trout will not have a significant effect, 
and therefore, we are not excluding any areas based on economic 
impacts. A copy of the FEA with supporting documents may be obtained by 
contacting the Idaho Fish and Wildlife Field Office (see ADDRESSES) or 
for downloading from the Internet at http://www.regulations.gov.

Required Determinations

Regulatory Planning and Review--Executive Order 12866

    Executive Order 12866 requires Federal agencies to submit proposed 
and final significant rules to the Office of Management and Budget 
(OMB) prior to publication in the FR. The Executive Order defines a 
rule as significant if it meets one of the following four criteria:
    (1) Whether the rule will have an annual effect of $100 million or 
more on the economy or adversely affect an economic sector, 
productivity, jobs, the environment, or other units of the government.
    (2) Whetherthe rule will create inconsistencies with other Federal 
agencies' actions.
    (3) Whether the rule will materially affect entitlements, grants, 
user fees, loan programs, or the rights and obligations of their 
recipients.
    (4) Whether the rule raises novel legal or policy issues.
    If the rule meets criteria (1) above it is called an ``economically 
significant'' rule and additional requirements apply. It has been 
determined that this rule is ``significant'' but not ``economically 
significant.'' It was submitted to OMB for review prior to 
promulgation.

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

    Under the Regulatory Flexibility Act (RFA; 5 U.S.C. 601 et seq.), 
as amended by the Small Business Regulatory Enforcement Fairness Act 
(SBREFA) of 1996 (5 U.S.C. 801 et seq.), whenever an agency must 
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 
(small businesses, small organizations, and small government 
jurisdictions). However, no regulatory flexibility analysis is required 
if the head of an agency certifies the rule will not have a significant 
economic impact on a substantial number of small entities. The SBREFA 
amended the RFA to require Federal agencies to provide a certification 
statement of the factual basis for certifying that the rule will not 
have a significant economic impact on a substantial number of small 
entities. In this final rule, we are certifying that the critical 
habitat designation for the bull trout will not have a significant 
economic impact on a substantial number of small entities. The 
following discussion explains our rationale.
    According to the Small Business Administration, small entities 
include small organizations, such as independent nonprofit 
organizations; small governmental jurisdictions, including school 
boards and city and town governments that serve fewer than 50,000 
residents; as well as small businesses. Small businesses include 
manufacturing and mining concerns with fewer than 500 employees, 
wholesale trade entities with fewer than 100 employees, retail and 
service businesses with less than $5 million in annual sales, general 
and heavy construction businesses with less than $27.5 million in 
annual business, special trade contractors doing less than $11.5 
million in annual business, and agricultural businesses with annual 
sales less than $750,000. To determine if potential economic impacts to 
these small entities are significant, we consider the types of 
activities that might trigger regulatory impacts under this rule, as 
well as the types of project modifications that may result. In general, 
the term significant economic impact is meant to apply to a typical 
small business firm's business operations.
    To determine if the revised critical habitat designation for bull 
trout would significantly affect a substantial number of small 
entities, we considered the number of small entities affected within 
particular types of economic activities (e.g., dams, agriculture and 
agricultural diversions, grazing, development, forest management, 
roads, and mining). We apply the substantial number test individually 
to each industry to determine if certification is appropriate. However, 
the SBREFA does not explicitly define substantial number or significant 
economic impact. Consequently, to assess whether a substantial number 
of small entities is affected by this designation, this analysis 
considers the relative number of small entities likely to be impacted 
in an area. In some circumstances, especially with critical habitat 
designations of limited extent, we may aggregate across all industries 
and consider whether the total number of small entities affected is 
substantial. In estimating the number of small entities potentially 
affected, we also consider whether their activities have any Federal 
involvement.
    Under the Act, designation of critical habitat only affects 
activities authorized, funded, or carried out by Federal agencies. Some 
kinds of activities are unlikely to have any Federal involvement and so 
will not be affected by critical habitat designation. In areas where 
the species is present, Federal agencies already are required to 
consult with us under section 7 of the Act on activities they 
authorize, fund, or carry out that may affect the bull trout. Federal 
agencies also must consult with us if their activities may affect 
critical habitat. Designation of critical habitat, therefore, could 
result in an additional economic impact on small entities due to the 
requirement to reinitiate consultation for ongoing Federal activities 
(see Adverse Modification Standard section).
    In our final economic analysis of the critical habitat designation, 
we evaluated the potential economic effects on small business entities 
resulting from implementation of conservation actions related to the 
designation of critical habitat for the bull trout. This analysis 
estimated prospective economic impacts due to the implementation of 
bull trout conservation efforts in eight categories (dams, agriculture 
and agricultural diversions, grazing, development, forest management, 
roads, mining, and ``other''). The following is a summary of 
information contained in the final economic analysis.
    To estimate the number of businesses, the economic analysis 
presumes business locations are distributed geographically in the same 
pattern that the human population is distributed (i.e., more densely 
populated areas will contain proportionally more business than less 
populated areas). To derive an estimate of the number of small entities 
falling within the designation, data on factors such as the size and 
annual sales of businesses in the area as collected by Dun & Bradstreet 
were reviewed. These data are available on a county-wide basis. Because 
counties may include

[[Page 63971]]

areas that are not part of the critical habitat designation, the number 
of small entities within the county was scaled by the percentage of the 
county's population living within the critical habitat boundaries. Of 
the potentially affected entities, 97 percent are classified as likely 
to be ``small.''
    The number of potentially affected small entities was considered 
under two different scenarios to provide for uncertainty regarding the 
number of small entities affected. Under Scenario 1, the estimated 
number of small entities within areas affected by the designation 
(N=23,800) assumes that incremental impacts are distributed evenly 
across all entities in each affected industry. Under this scenario, a 
small entity may bear costs up to $4,050, representing between <0.01 
and 0.03 percent of average revenues, depending on the industry. 
Scenario 2 assumed costs of each anticipated future consultation are 
borne by a distinct small business within areas affected by the 
designation (N=728). Under this scenario, each small entity may bear 
costs of between $455 and $17,000, representing between 0.01 and 0.56 
percent of average annual revenues, depending on the industry. Total 
annualized impacts to small entities are estimated to be $3.6 million, 
or approximately 51 percent of the total incremental impacts 
anticipated as a result of this rule.
    In summary, we have considered whether the designation would result 
in a significant economic impact on a substantial number of small 
entities. Based on the above reasoning and currently available 
information, we concluded that this rule will not have a significant 
economic impact on a substantial number of small business entities. 
Therefore, we are certifying that the designation of critical habitat 
for the bull trout will not have a significant economic impact on a 
substantial number of small entities.

Energy Supply, Distribution, or Use--Executive Order 13211

    Under Executive Order 13211 (E.O. 13211, Actions Concerning 
Regulations That Significantly Affect Energy Supply, Distribution, or 
Use), Federal agencies must prepare Statements of Energy Effects when 
undertaking certain actions. OMB has provided guidance for implementing 
this Executive Order that outlines nine outcomes that may constitute a 
significant adverse effect when compared to not taking the regulatory 
action under consideration. The economic analysis finds that none of 
these criteria are relevant to this analysis. Thus, based on 
information in the economic analysis, energy-related impacts associated 
with the bull trout conservation activities within critical habitat are 
not expected. As such, the designation of critical habitat is not 
expected to significantly affect energy supplies, distribution, or use. 
Therefore, this action is not a significant energy action, and no 
Statement of Energy Effects is required.

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

    In accordance with the Unfunded Mandates Reform Act (2 U.S.C. 1501 
et seq.), we make the following findings:
    (1) 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, or 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 [T]ribal 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; Aid to 
Families with Dependent Children work programs; Child Nutrition; Food 
Stamps; Social Services Block Grants; Vocational Rehabilitation State 
Grants; Foster Care, Adoption Assistance, and Independent Living; 
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 of the Act. While non-Federal entities that 
receive Federal funding, assistance, or permits, or that 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 onto State governments.
    (2) We do not believe that this rule will significantly or uniquely 
affect small governments, because it will not produce a Federal mandate 
of $100 million or greater in any year; that is, it is not a 
significant regulatory action under the Unfunded Mandates Reform Act. 
The designation of critical habitat imposes no obligations on State or 
local governments. By definition, Federal agencies are not considered 
small entities, although the activities they fund or permit may be 
proposed or carried out by small entities. As such, a Small Government 
Agency Plan is not required.

Takings--Executive Order 12630

    In accordance with E.O. 12630 (Government Actions and Interference 
with Constitutionally Protected Private Property Rights), we have 
analyzed the potential takings implications of designating revised 
critical habitat for the bull trout in a takings implications 
assessment. Critical habitat designation does not affect landowner 
actions that do not require Federal funding or permits, nor does it 
preclude development of habitat conservation programs or issuance of 
incidental take permits to permit actions that do require Federal 
funding or permits to go forward. The takings implications assessment 
concludes that this designation of critical habitat for the bull trout 
does not pose significant takings implications for lands within or 
affected by the designation.

Federalism--Executive Order 13132

    In accordance with E.O. 13132 (Federalism), this rule does not have 
significant Federalism effects. A Federalism assessment is not 
required. In keeping with Department of the Interior and Department of 
Commerce policy, we requested information from,

[[Page 63972]]

and coordinated development of this critical habitat designation with, 
appropriate State resource agencies in Oregon. We received comments 
from the State of Oregon and the Oregon Department of Fish and 
Wildlife, which have been addressed in the Summary of Comments and 
Recommendations section of the rule. The designation of critical 
habitat in areas currently occupied by the bull trout may impose 
nominal additional regulatory restrictions to those currently in place 
and, therefore, may have little incremental impact on State and local 
governments and their activities. The designation may have some benefit 
to these governments, in that the areas that contain the physical or 
biological features essential to the conservation of the species are 
more clearly defined, and the PCEs of the habitat necessary to the 
conservation of the species are specifically identified. This 
information does not alter where and what federally sponsored 
activities may occur. However, it may assist local governments in long-
range planning (rather than having them wait for case-by-case section 7 
consultations to occur).

Civil Justice Reform--Executive Order 12988

    In accordance with E.O. 12988 (Civil Justice Reform), the 
regulation meets the applicable standards set forth in sections 3(a) 
and 3(b)(2) of the Order. We are designating critical habitat in 
accordance with the provisions of the Act. This final rule uses 
standard property descriptions and identifies the physical or 
biological features essential to the conservation of the subspecies 
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 of 1995 (44 
U.S.C. 3501 et seq.). 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 (42 U.S.C. 4321 et seq.)

    It is our position that, outside the jurisdiction of the U.S. Court 
of Appeals for the Tenth Circuit, we do not need to prepare 
environmental analyses as defined by NEPA (42 U.S.C. 4321 et seq.) in 
connection with designating critical habitat under the Act. We 
published a notice outlining our reasons for this determination in the 
Federal Register on October 25, 1983 (48 FR 49244). This position was 
upheld by the U.S. Court of Appeals for the Ninth Circuit (Douglas 
County v. Babbitt, 48 F.3d 1495 (9\th\ Cir. 1995), cert. denied 516 
U.S. 1042 (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), E.O. 13175, and the Department of the 
Interior's manual at 512 DM 2, we readily acknowledge our 
responsibility to communicate meaningfully with recognized Federal 
Tribes on a government-to-government basis. In accordance with 
Secretarial Order 3206 of June 5, 1997, American Indian Tribal Rights, 
Federal-Tribal Trust Responsibilities, and the Endangered Species Act, 
we readily acknowledge our responsibilities to work directly with 
Tribes in developing programs for healthy ecosystems, to acknowledge 
that tribal lands are not subject to the same controls as Federal 
public lands, to remain sensitive to Indian culture, and to make 
information available to Tribes. There are tribal lands that were 
occupied by the species at the time of listing, and remain occupied by 
the species, that contain the features essential for the conservation 
of bull trout. However, as discussed in the Tribal Lands-Exclusions 
Under Section 4(b)(2) of the Act section, we have determined that 
maintaining our important conservation partnership with the Tribes 
toward the continued implementation of their tribal management and 
conservation plans provides greater conservation benefit than would the 
designation of critical habitat on waters within or adjacent to tribal 
lands. Table 12 identifies the waters within or adjacent to tribal 
lands that were excluded from critical habitat designation under 
section 4(b)(2) of the Act.

References Cited

    A complete list of all references cited is available on the 
Internet at http://www.regulations.gov and upon request from the Idaho 
Fish and Wildlife Office (see ADDRESSES).

Authors

    The primary authors of this rulemaking are the staff members of the 
Idaho Fish and Wildlife Office.

List of Subjects in 50 CFR Part 17

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

Regulation Promulgation

0
Accordingly, we amend part 17, subchapter B of chapter I, title 50 of 
the Code of Federal Regulations, as set forth below:

PART 17-[AMENDED]

0
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.

0
2. Amend Sec.  17.95(e) by revising critical habitat for ``Bull Trout 
(Salvelinus confluentus)'' to read as follows:


Sec.  17.95  Critical habitat--fish and wildlife.

* * * * *
    (e) Fishes.
* * * * *
Bull Trout (Salvelinus confluentus)
    (1) Locations of critical habitat. Critical habitat units are 
depicted in the following States and counties on the maps and as 
described below:

------------------------------------------------------------------------
                State                               Counties
------------------------------------------------------------------------
(i) Idaho                              Adams, Benewah, Blaine, Boise,
                                        Bonner, Boundary, Butte, Camas,
                                        Custer, Elmore, Gem, Idaho,
                                        Kootenai, Lemhi, Lewis, Nez
                                        Perce, Owyhee, Shoshone, Valley,
                                        Washington
------------------------------------------------------------------------
(ii) Montana                           Deer Lodge, Flathead, Glacier,
                                        Granite, Lake, Lewis and Clark,
                                        Lincoln, Mineral, Missoula,
                                        Powell, Ravalli, Sanders
------------------------------------------------------------------------
(iii) Nevada                           Elko
------------------------------------------------------------------------

[[Page 63973]]

 
(iv) Oregon                            Baker, Clatsop, Columbia,
                                        Deschutes, Gilliam, Grant,
                                        Harney, Hood River, Jefferson,
                                        Klamath, Lake, Lane, Linn,
                                        Malheur, Morrow, Multnomah,
                                        Sherman, Umatilla, Union,
                                        Wallowa, Wasco, Wheeler
------------------------------------------------------------------------
(v) Washington                         Asotin, Benton, Chelan, Clallam,
                                        Clark, Columbia, Cowlitz,
                                        Garfield, Grant, Grays Harbor,
                                        Island,
                                       Jefferson, King, Kittitas,
                                        Klickitat, Mason, Okanogan, Pend
                                        Oreille, Pierce, Skagit,
                                        Skamania, Snohomish, Stevens,
                                        Thurston, Wahkiakum, Walla
                                        Walla, Whatcom, Whitman, Yakima
------------------------------------------------------------------------

    (2) Topographic features included in the critical habitat 
designation. Critical habitat includes the stream channels within the 
designated stream reaches; designated lakes and reservoirs; and inshore 
portions of marine nearshore areas, including tidally influenced 
freshwater heads of estuaries indicated on the maps beginning with 
paragraph (e)(7) of this entry.
    (i) Critical habitat includes the stream channels within the 
designated stream reaches and a lateral extent as defined by 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 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 must be used to determine the 
lateral extent of critical habitat. The lateral extent of designated 
lakes is defined by the perimeter of the waterbody 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 mean higher high-water (MHHW) 
line), including the uppermost reach of the saltwater wedge within 
tidally influenced freshwater heads of estuaries. The MHHW line 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 designated 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 line can have major 
effects on the 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 10 meters (m) (33 feet (ft)) 
relative to the mean low low-water (MLLW) line (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 by the national 
Oceanic and Atmospheric Administration in the National Tidal Datum 1983 
through 2001. This area between the MHHW line and minus 10 m MLLW line 
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.
    (3) The primary constituent elements (PCEs) of critical habitat. 
Within the critical habitat, the PCEs for bull trout are those habitat 
components that are essential for the primary biological needs of 
foraging, reproducing, rearing of young, dispersal, genetic exchange, 
or sheltering. The PCEs are as follows:
    (i) Springs, seeps, groundwater sources, and subsurface water 
connectivity (hyporheic flows) to contribute to water quality and 
quantity and provide thermal refugia.
    (ii) Migration habitats with minimal physical, biological, or water 
quality impediments between spawning, rearing, overwintering, and 
freshwater and marine foraging habitats, including but not limited to 
permanent, partial, intermittent, or seasonal barriers.
    (iii) An abundant food base, including terrestrial organisms of 
riparian origin, aquatic macroinvertebrates, and forage fish.
    (iv) Complex river, stream, lake, reservoir, and marine shoreline 
aquatic environments, and processes that establish and maintain these 
aquatic environments, with features such as large wood, side channels, 
pools, undercut banks and unembedded substrates, to provide a variety 
of depths, gradients, velocities, and structure.
    (v) Water temperatures ranging from 2 to 15 degrees Celsius 
([deg]C) (36 to 59 degrees Fahrenheit ([deg]F)), with adequate thermal 
refugia available for temperatures that exceed the upper end of this 
range. Specific temperatures within this range will depend on bull 
trout life-history stage and form; geography; elevation; diurnal and 
seasonal variation; shading, such as that provided by riparian habitat; 
streamflow; and local groundwater influence.
    (vi) In spawning and rearing areas, substrate 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 sediment, generally ranging in size from silt to 
coarse sand, embedded in larger substrates, is characteristic of these 
conditions. The size and amounts of fine sediment suitable to bull 
trout will likely vary from system to system.
    (vii) A natural hydrograph, including peak, high, low, and base 
flows within historic and seasonal ranges or, if flows are controlled, 
minimal flow departure from a natural hydrograph.
    (viii) Sufficient water quality and quantity such that normal 
reproduction, growth, and survival are not inhibited.
    (ix) Sufficiently low levels of occurrence of nonnative predatory 
(e.g., lake trout, walleye, northern pike, smallmouth bass); 
interbreeding (e.g., brook trout); or competing (e.g., brown trout) 
species that, if present, are adequately temporally and spatially 
isolated from bull trout.
    (4) Critical habitat does not include manmade structures 
(including, but not limited to, buildings, aqueducts, docks, seawalls, 
pipelines, roads, runways, or other structures or paved areas) and the 
land or waterway on which they are located that exist within the legal 
boundaries on the effective date of this rule.
    (5) Exclusions. Each excluded area is identified in the relevant 
Critical Habitat Unit text below, as identified in paragraphs (e)(8) 
through (e)(41) of this entry. Critical habitat does not include:
    (i) Waters adjacent to non-Federal lands covered by the following 
legally operative incidental take permits for habitat conservation 
plans (HCPs) issued under section 10(a)(1)(B) of the Endangered Species 
Act of 1973, as amended (Act), in which bull trout is a covered species 
on or before the publication of this final rule: Cedar River Watershed 
HCP, Green Diamond HCP, Washington Department of Natural

[[Page 63974]]

Resources HCP, Washington Forest Practices HCP, Plum Creek Central 
Cascades HCP, Plum Creek Native Fish HCP, and Stimpson Native Fish HCP;
    (ii) Waters within or adjacent to lands subject to certain tribal 
management plans; or
    (iii) Waters where impacts to national security have been 
identified.
    (6) Critical habitat map units. Data layers defining map units were 
created using U.S. Geological Survey (USGS) Hydrologic Unit Code map 
(HUCs) at a scale of 1:250,000 down to the 4th level cataloging unit. 
In some cases, 5th and 6th level HUCs were also used and some finer 
scale watersheds developed using USGS 10-meter Digital Elevation Model 
and 1:24,000 scale hydrography layers. The marine boundaries for the 
Puget Sound and Olympic Peninsula critical habitat unit were based on 
Washington Department of Natural Resources 1:24,000 scale county 
boundaries and HUCs.
    (7) Note: Index map for critical habitat units for the bull trout 
follows:
BILLING CODE 4310-55-S

[[Page 63975]]

[GRAPHIC] [TIFF OMITTED] TR18OC10.001

BILLING CODE 4310-55-C
(8) Unit 1: Olympic Peninsula
    (i) This unit consists of 748.7 km (465.2 mi) of streams, 529.2 km 
(328.8 mi) of marine shoreline, and 3,064 ha (7,572 ac) of lakes and 
reservoirs. The unit is located in northwestern Washington.
    (ii) Individual waterbodies in the unit are bounded by the 
following coordinates:

[[Page 63976]]



----------------------------------------------------------------------------------------------------------------
                                                                 Stream       Stream
                                                              Begin Point  Begin Point   Stream End   Stream End
                       Waterbody Name                           or Lake      or Lake       Point        Point
                                                                 Center       Center      Latitude    Longitude
                                                                Latitude    Longitude
----------------------------------------------------------------------------------------------------------------
Alta Creek..................................................       47.685     -123.737       47.698     -123.756
Big Creek...................................................       47.566     -123.681       47.518     -123.774
Bob Creek...................................................       47.696     -123.853       47.689     -123.856
Boulder Creek...............................................       47.979     -123.613       47.983     -123.601
Brown Creek.................................................       47.455     -123.260       47.411     -123.319
Buckinghorse Creek..........................................       47.739     -123.485       47.746     -123.483
Cameron Creek...............................................       47.916     -123.243       47.912     -123.255
Canyon Creek................................................       47.954     -123.247       48.025     -123.137
Cat Creek...................................................       47.946     -123.644       47.973     -123.593
Cedar Creek.................................................       47.440     -123.405       47.443     -123.403
Cedar Creek.................................................       47.717     -124.336       47.712     -124.416
Chehalis River..............................................       46.819     -123.253       46.966     -123.547
Church Creek................................................       47.460     -123.457       47.461     -123.451
Clearwater River............................................       47.628     -124.276       47.628     -124.276
Clide Creek.................................................       47.888     -123.799       47.871     -123.798
Cook Creek..................................................       47.358     -123.997       47.368     -124.032
Copalis River...............................................       47.137     -124.159       47.138     -124.154
Cougar Creek................................................       47.862     -123.860       47.867     -123.854
Delabarre Creek.............................................       47.726     -123.529       47.735     -123.527
Dungeness River.............................................       47.941     -123.093       48.152     -123.128
East Twin Creek.............................................       47.841     -123.988       47.833     -123.991
Elk Creek...................................................       47.510     -123.345       47.515     -123.331
Elwha River.................................................       47.771     -123.582       48.147     -123.566
Ennis Creek.................................................       48.053     -123.412       48.117     -123.405
Fire Creek..................................................       47.601     -123.523       47.598     -123.526
Fitzhenry Creek.............................................       47.964     -123.589       47.967     -123.589
Godkin Creek................................................       47.752     -123.452       47.760     -123.465
Gold Creek..................................................       47.941     -123.083       47.941     -123.093
Goldie River................................................       47.760     -123.522       47.840     -123.470
Goodman Creek...............................................       47.834     -124.339       47.825     -124.513
Graves Creek................................................       47.569     -123.563       47.574     -123.572
Gray Wolf River.............................................       47.916     -123.243       47.977     -123.112
Grays Harbor Marine.........................................       46.926     -124.180       46.906     -124.139
Griff Creek.................................................       48.016     -123.593       48.023     -123.595
Haggerty Creek..............................................       47.952     -123.575       47.956     -123.576
Harlow Creek................................................       47.700     -123.877       47.685     -123.889
Hayes River.................................................       47.803     -123.430       47.808     -123.454
Hee Haw Creek...............................................       47.701     -123.663       47.737     -123.691
Hee Hee Creek...............................................       47.709     -123.734       47.712     -123.739
Hoh Creek...................................................       47.883     -123.751       47.877     -123.754
Hoh River...................................................       47.737     -124.366       47.880     -123.729
Hood Canal Marine...........................................       47.434     -122.842       47.684     -122.802
Hughes Creek................................................       48.026     -123.599       48.025     -123.595
Humptulips River............................................       47.048     -124.046       47.231     -123.977
Hurd Creek..................................................       48.124     -123.144       48.118     -123.143
Hurricane Creek.............................................       47.976     -123.587       47.975     -123.594
Idaho Creek.................................................       47.947     -123.538       47.945     -123.544
Ignar Creek.................................................       47.637     -123.430       47.639     -123.433
Irely Creek.................................................       47.565     -123.677       47.565     -123.680
Irely Lake..................................................       47.565     -123.674               ...........
Joe Creek...................................................       47.217     -124.154       47.206     -124.204
Kalaloch Creek..............................................       47.637     -124.361       47.607     -124.375
Lake Cushman................................................       47.470     -123.255               ...........
Lebar Creek.................................................       47.427     -123.320       47.417     -123.330
Leitha Creek................................................       47.762     -123.452       47.769     -123.460
Lillian River...............................................       47.944     -123.500       47.931     -123.528
Little River................................................       48.061     -123.519       48.063     -123.578
Long Creek..................................................       47.926     -123.558       47.951     -123.561
Lost River..................................................       47.859     -123.458       47.862     -123.468
Madison Creek...............................................       48.044     -123.580       48.042     -123.591
Matheny Creek...............................................       47.543     -123.837       47.576     -124.115
Matriotti Creek.............................................       48.133     -123.161       48.136     -123.141
McCartney Creek.............................................       47.879     -123.466       47.878     -123.471
McTaggert Creek.............................................       47.409     -123.240       47.363     -123.235
Moclips River...............................................       47.260     -124.124       47.248     -124.220
Morse Creek.................................................       48.063     -123.347       48.117     -123.351
Mosquito Creek..............................................       47.786     -124.383       47.798     -124.482
Mount Tom Creek.............................................       47.819     -123.821       47.868     -123.888
Nalley Slough...............................................       47.334     -123.132       47.328     -123.131
Nolan Creek.................................................       47.743     -124.202       47.751     -124.344

[[Page 63977]]

 
Noname Creek................................................       47.629     -123.456       47.626     -123.452
North Fork Quinault River...................................       47.582     -123.645       47.638     -123.646
North Fork Skokomish River..................................       47.355     -123.235       47.506     -123.318
OGS Creek...................................................       47.879     -123.768       47.878     -123.769
O'Neil Creek................................................       47.610     -123.464       47.616     -123.472
Owl Creek...................................................       47.780     -124.039       47.805     -124.079
Pacific Coast Marine........................................       48.003     -124.680       46.926     -124.180
Paradise Creek..............................................       47.699     -123.801       47.694     -123.813
Pine Creek..................................................       47.442     -123.430       47.446     -123.417
Prescott Creek..............................................       47.904     -123.487       47.903     -123.491
Purdy Creek.................................................       47.302     -123.182       47.307     -123.161
Pyrites Creek...............................................       47.644     -123.436       47.639     -123.433
Queets River................................................       47.541     -124.335       47.735     -123.696
Quinault Lake...............................................       47.475     -123.869               ...........
Quinault River..............................................       47.391     -124.045       47.533     -123.744
Raft River..................................................       47.449     -124.220       47.458     -124.326
Richert Spring..............................................       47.321     -123.219       47.320     -123.225
Rustler Creek...............................................       47.629     -123.569       47.617     -123.617
Salmon River................................................       47.524     -124.041       47.556     -124.220
Sams River..................................................       47.604     -123.853       47.624     -124.013
Satsop River................................................       47.015     -123.510       47.023     -123.509
Sege Creek..................................................       47.988     -123.597       47.987     -123.604
Siebert Creek...............................................       48.049     -123.293       48.121     -123.290
Skobob Creek................................................       47.327     -123.175       47.328     -123.132
Skokomish River.............................................       47.315     -123.238       47.315     -123.229
Slate Creek.................................................       47.529     -123.320       47.521     -123.336
Slate Creek.................................................       47.749     -123.498       47.744     -123.491
Slide Creek.................................................       47.883     -123.736       47.875     -123.748
Snider Creek................................................       47.846     -123.971       47.842     -123.968
South Fork Hoh River........................................       47.764     -123.786       47.777     -123.908
South Fork Skokomish River..................................       47.315     -123.247       47.425     -123.354
Steamboat Creek.............................................       47.688     -124.350       47.678     -124.404
Stony Creek.................................................       47.871     -123.464       47.871     -123.469
Strait of Juan de Fuca Marine...............................       48.103     -122.885       48.217     -124.102
Taft Creek..................................................       47.866     -123.967       47.858     -123.942
Tshletshy Creek.............................................       47.606     -123.741       47.666     -123.925
Twin Creek..................................................       47.832     -123.995       47.831     -123.988
Unnamed trib. (<greek-i>0100)...............................       47.340     -123.246       47.335     -123.242
Unnamed trib. (<greek-i>0509)...............................       47.844     -123.939       47.830     -123.982
Unnamed trib. (<greek-i>0527)...............................       47.874     -123.821       47.868     -123.817
Unnamed trib. (<greek-i>0542)...............................       47.887     -123.719       47.883     -123.719
Valley Creek................................................       48.123     -123.438       48.107     -123.452
Vance Creek.................................................       47.327     -123.299       47.327     -123.299
Vance Creek Remenant Channel................................       47.315     -123.257       47.315     -123.238
West Fork Satsop River......................................       47.360     -123.566       47.035     -123.526
Windfall Creek..............................................       47.914     -123.492       47.912     -123.495
Winfield Creek..............................................       47.783     -124.144       47.810     -124.233
Wishkah River...............................................       47.257     -123.715       47.257     -123.715
Wolf Creek..................................................       47.974     -123.586       47.974     -123.593
Wynoochee River.............................................       47.160     -123.650       47.360     -123.637
----------------------------------------------------------------------------------------------------------------

    (iii) Waterbodies associated with the following tribal lands, 
habitat conservation plans (HCPs), or U.S. Navy training areas totaling 
553.9 km (343.9 mi) of streams and 144.6 km (89.9 mi) of marine 
shoreline have been excluded from critical habitat designation under 
section 4(b)(2) of the Act in this unit:
    (A) Waterbodies within or adjacent to the open water training and 
testing areas of the Dabob Bay Military Operating Area and areas within 
the Connecting Waters of the Dabob Bay Range Complex, including marine 
habitats associated with the Hood Canal Critical Habitat Subunit 
(CHSU);
    (B) Waterbodies within the geographic area covered by the 
Washington State Forest Practices Habitat Conservation Plan (HCP), 
including portions of the Chehalis River/Grays Harbor, Dungeness River, 
Elwha River, Hoh River, Queets River, Quinualt River, Skokomish River 
Pacific Coast, Strait of Juan De Fuca, and Hood Canal Marine CHSUs;
    (C) Waterbodies within the geographic area covered by the Green 
Diamond HCP, including portions of the Chehalis River/Grays Harbor and 
Skokomish CHSUs;
    (D) Waterbodies within the geographic area covered by the 
Washington Department of Natural Resources HCP, including portions of 
Chehalis River/Grays Harbor, Dungeness River, Elwha River, Hoh River, 
Queets River, Skokomish River, Pacific Coast, Strait of Juan De Fuca, 
and Hood Canal Marine CHSUs; and
    (E) Waterbodies within the areas under management by the Hoh Tribe, 
including portions of Hoh River and Pacific Coast CHSUs; Jamestown

[[Page 63978]]

S'Klallam Tribe, including portions of Dungeness River CHSU; Lower 
Elwha Tribe, including portions of Elwha River and Strait of Juan de 
Fuca CHSUs; Quileute Tribe, including portions of Pacific Coast CHSU; 
Quinault Tribe, including portions of Quinault River, Queets River, and 
Pacific Coast CHSUs; and Skokomish Tribe, including portions of 
Skokomish River and Hood Canal Marine CHSUs, within reservation 
boundaries, and waterbodies that are adjacent to:
    (1) Lands held in trust by the United States for their benefit;
    (2) Lands held in trust by the United States for any Indian Tribe 
or individual subject to restrictions by the United States against 
alienation;
    (3) Fee lands, either within or outside the reservation boundaries, 
owned by the tribal government; and
    (4) Fee lands within the reservation boundaries owned by individual 
Indians.
    (iv) Map of Unit 1, Olympic Peninsula follows:
BILLING CODE 4310-55-S

[[Page 63979]]

[GRAPHIC] [TIFF OMITTED] TR18OC10.002

BILLING CODE 4310-55-C
(9) Unit 2: Puget Sound
    (i) This unit consists of 1,840.2 km (1,143.5 mi) of streams, 684.0 
km (425.0 mi) of marine shoreline, and 16,260.9 ha (40,181.5 ac) of 
lakes and reservoirs. The unit is located in northwestern Washington.
    (ii) Individual waterbodies in the unit are bounded by the 
following coordinates:

[[Page 63980]]



----------------------------------------------------------------------------------------------------------------
                                                                 Stream       Stream
                                                              Begin Point  Begin Point   Stream End   Stream End
                       Waterbody Name                           or Lake      or Lake       Point        Point
                                                                 Center       Center      Latitude    Longitude
                                                                Latitude    Longitude
----------------------------------------------------------------------------------------------------------------
Alder Creek.................................................       48.549     -121.955       48.519     -121.956
Aldrich Creek (<greek-i>0423)...............................       48.916     -122.042       48.921     -122.051
Alma Creek..................................................       48.590     -121.356       48.600     -121.363
Anderson Creek..............................................       48.797     -122.325       48.869     -122.318
Arrow Creek.................................................       48.407     -121.390       48.423     -121.396
Bacon Creek.................................................       48.681     -121.464       48.585     -121.395
Baker Lake..................................................       48.708     -121.642               ...........
Baker River.................................................       48.548     -121.741       48.741     -121.563
Bald Eagle Creek............................................       48.796     -121.449       48.800     -121.465
Bear Creek..................................................       48.966     -121.383       48.965     -121.388
Bear Creek..................................................       48.898     -122.105       48.893     -122.145
Bear Creek (<greek-i>0353)..................................       48.788     -122.123       48.783     -122.140
Bear Lake Outlet (<greek-i>0317)............................       48.610     -121.912       48.607     -121.912
Beaver Creek................................................       48.086     -121.516       48.077     -121.527
Beckler River...............................................       47.865     -121.311       47.715     -121.340
Bedal Creek.................................................       48.047     -121.351       48.080     -121.395
Bell Creek..................................................       48.684     -121.899       48.681     -121.900
Bender Creek................................................       48.063     -121.591       48.071     -121.590
Bertrand Creek..............................................       48.999     -122.521       48.912     -122.535
Big Beaver Creek............................................       48.841     -121.211       48.775     -121.066
Big Creek...................................................       48.343     -121.440       48.345     -121.451
Big Four Creek..............................................       48.071     -121.524       48.070     -121.512
Bitter Creek................................................       47.841     -121.503       47.840     -121.508
Black Creek.................................................       48.247     -121.414       48.259     -121.402
Black Oak Creek.............................................       48.185     -121.454       48.177     -121.450
Blackjack Creek.............................................       48.051     -121.626       48.062     -121.631
Boardman Creek..............................................       48.040     -121.675       48.070     -121.681
Boulder Creek...............................................       48.512     -121.364       48.518     -121.364
Boulder Creek...............................................       47.354     -121.707       47.371     -121.688
Boulder Creek...............................................       48.937     -122.021       48.925     -122.037
Boulder River...............................................       48.245     -121.828       48.282     -121.787
Boyd Creek..................................................       48.903     -121.863       48.897     -121.866
Brooks Creek................................................       48.289     -121.908       48.277     -121.911
Brush Creek.................................................       48.909     -121.423       48.913     -121.424
Buck Creek..................................................       48.353     -121.268       48.265     -121.340
Buck Creek..................................................       48.047     -121.472       48.045     -121.481
Buck Creek..................................................       47.023     -121.557       47.029     -121.555
Cabin Creek.................................................       47.363     -121.695       47.367     -121.684
Camp Creek..................................................       48.150     -121.280       48.159     -121.292
Canyon Creek................................................       48.775     -120.778       48.707     -120.918
Canyon Creek................................................       48.220     -121.081       48.211     -121.088
Canyon Creek................................................       48.158     -121.817       48.097     -121.970
Canyon Creek................................................       48.932     -121.951       48.906     -121.989
Canyon Creek (Canyon Lake Creek)............................       48.840     -122.111       48.832     -122.144
Carbon River................................................       46.960     -121.793       47.130     -122.233
Cascade Creek...............................................       48.903     -121.839       48.904     -121.839
Cascade River...............................................       48.463     -121.164       48.524     -121.430
Cavanaugh Creek.............................................       48.645     -122.110       48.647     -122.121
Cedar River.................................................       47.313     -121.521       47.409     -121.723
Chainup Creek...............................................       48.905     -121.843       48.908     -121.840
Chenuis Creek...............................................       46.994     -121.842       46.992     -121.843
Chester Morse Lake..........................................       47.389     -121.694               ...........
Chilliwack River............................................       48.878     -121.487       49.000     -121.411
Chocwick Creek..............................................       48.055     -121.384       48.074     -121.400
Cinnamon Creek..............................................       48.867     -120.887       48.891     -120.916
Clearwater Creek............................................       48.805     -121.989       48.771     -122.047
Clearwater River............................................       47.079     -121.782       47.146     -121.834
Coal Creek..................................................       48.096     -121.535       48.085     -121.541
Coal Creek..................................................       48.892     -122.164       48.881     -122.153
Coal Creek (Upper)..........................................       48.838     -121.903       48.838     -121.906
Cook Slough.................................................       48.198     -122.218       48.198     -122.234
Corkindale Creek............................................       48.518     -121.483       48.505     -121.486
Cornell Creek...............................................       48.886     -121.960       48.899     -121.969
Cripple Creek...............................................       47.048     -121.693       47.040     -121.701
Crystal Creek...............................................       48.183     -121.361       48.181     -121.364
Crystal Creek...............................................       48.791     -121.510       48.787     -121.503
Crystal Creek...............................................       46.925     -121.540       46.928     -121.538
Cumberland Creek............................................       48.505     -121.985       48.518     -121.994
Dan Creek...................................................       48.265     -121.540       48.298     -121.551
Davis Creek.................................................       48.879     -121.931       48.882     -121.931

[[Page 63981]]

 
Day Creek...................................................       48.444     -122.007       48.519     -122.067
Deadhorse Creek.............................................       48.900     -121.836       48.904     -121.838
Deep Creek..................................................       48.868     -121.911       48.869     -121.908
Deer Creek..................................................       48.718     -121.116       48.721     -121.105
Deer Creek..................................................       48.096     -121.558       48.084     -121.556
Deer Creek..................................................       48.365     -121.795       48.268     -121.933
Deer Creek..................................................       46.836     -121.965       46.873     -121.974
Deer Creek..................................................       48.602     -122.093       48.610     -122.095
Deerhorn Creek..............................................       48.906     -121.857       48.903     -121.858
Depot Creek.................................................       48.986     -121.293       48.997     -121.324
Devils Creek................................................       48.819     -121.002       48.824     -121.032
Diablo Lake.................................................       48.708     -121.105               ...........
Diobsud Creek...............................................       48.576     -121.433       48.559     -121.412
Discovery Creek.............................................       46.900     -121.571       46.896     -121.580
Ditch Creek.................................................       48.903     -121.851       48.902     -121.849
Doe Creek...................................................       47.011     -121.547       47.028     -121.553
Downey Creek................................................       48.330     -121.149       48.258     -121.225
Dusty Creek.................................................       48.139     -121.040       48.177     -121.019
Duwamish River..............................................       47.474     -122.252       47.514     -122.304
Duwamish Waterway...........................................       47.514     -122.304       47.585     -122.360
East Duwamish Waterway......................................       47.590     -122.344       47.567     -122.347
East Fork Bacon Creek.......................................       48.713     -121.417       48.661     -121.434
East Fork Foss River........................................       47.649     -121.277       47.653     -121.294
Eastern Shoreline Guemes Island.............................       48.529     -122.573       48.589     -122.646
Eastern Shoreline Puget Sound (North).......................       48.511     -122.606       48.561     -122.493
Eastern Shoreline Puget Sound (South).......................       47.970     -122.232       48.449     -122.551
Eastern Shoreline Whidbey Island............................       47.905     -122.388       48.369     -122.666
Eastern Shorline Lummi Island...............................       48.717     -122.719       48.640     -122.609
Easy Creek..................................................       48.881     -121.456       48.889     -121.459
Ebey Slough.................................................       47.941     -122.170       48.042     -122.215
Edfro Creek.................................................       48.663     -122.117       48.661     -122.127
Elbow Creek / Lake Doreen Outlet (<greek-i>0331)............       48.707     -121.915       48.685     -121.911
Elliott Creek...............................................       48.027     -121.367       48.057     -121.416
Elwell Creek................................................       47.809     -121.849       47.838     -121.853
Excelsior Creek.............................................       47.870     -121.487       47.864     -121.492
Falls Creek.................................................       48.137     -121.432       48.148     -121.437
Falls Creek.................................................       46.992     -121.874       46.999     -121.889
Falls Creek.................................................       48.824     -121.906       48.834     -121.902
Finney Creek................................................       48.465     -121.688       48.524     -121.847
Fire Creek..................................................       48.154     -121.232       48.153     -121.245
Fisher Creek................................................       48.563     -120.912       48.603     -121.050
Fishtrap Creek..............................................       48.999     -122.411       48.912     -122.523
Fobes Creek.................................................       48.622     -122.119       48.622     -122.112
Foss River..................................................       47.653     -121.294       47.705     -121.307
Fossil Creek................................................       48.904     -121.850       48.908     -121.850
Fourteenmile Creek..........................................       48.126     -121.229       48.140     -121.222
Freezeout Creek.............................................       48.950     -120.932       48.956     -120.970
French Creek................................................       48.255     -121.783       48.282     -121.757
Fryingpan Creek.............................................       46.873     -121.623       46.895     -121.592
Galbraith Creek.............................................       48.755     -122.021       48.759     -122.019
Gallop Creek................................................       48.882     -121.947       48.894     -121.944
Gedney Island...............................................       48.005     -122.305       48.005     -122.305
Gilligan Creek..............................................       48.473     -122.126       48.488     -122.140
Glacier Creek...............................................       48.131     -121.168       48.130     -121.204
Glacier Creek...............................................       47.987     -121.369       47.986     -121.393
Glacier Creek...............................................       48.812     -121.890       48.892     -121.939
Goat Creek..................................................       48.334     -121.161       48.328     -121.157
Goat Island.................................................       48.360     -122.531       48.360     -122.531
Goblin Creek................................................       47.923     -121.312       47.919     -121.309
Goodell Creek...............................................       48.711     -121.291       48.726     -121.305
Gordon Creek................................................       48.088     -121.657       48.071     -121.673
Gorge Lake..................................................       48.706     -121.175               ...........
Grandy Creek................................................       48.562     -121.811       48.518     -121.881
Granite Creek...............................................       48.648     -120.857       48.707     -120.918
Green Creek.................................................       48.732     -121.936       48.738     -121.938
Green River.................................................       47.275     -122.108       47.474     -122.252
Greenwater River............................................       47.093     -121.458       47.158     -121.660
Hat Slough..................................................       48.197     -122.362       48.208     -122.323
Hazzard Creek...............................................       47.081     -121.690       47.078     -121.681
Hedrick Creek...............................................       48.890     -121.981       48.899     -121.971

[[Page 63982]]

 
Higgins Creek...............................................       48.318     -121.755       48.362     -121.807
Hope Island.................................................       48.399     -122.561       48.399     -122.561
Horse Creek.................................................       48.322     -121.258       48.313     -121.286
Howard Creek................................................       48.619     -121.966       48.609     -121.966
Huckleberry Creek...........................................       46.989     -121.624       47.079     -121.586
Hutchinson Creek............................................       48.732     -122.103       48.707     -122.179
Ika Island..................................................       48.363     -122.499       48.363     -122.499
Illabot Creek...............................................       48.389     -121.319       48.496     -121.531
Index Creek.................................................       47.760     -121.497       47.766     -121.481
Indian Creek................................................       48.935     -121.395       48.947     -121.398
Ipsut Creek.................................................       46.972     -121.831       46.979     -121.833
Jackman Creek...............................................       48.529     -121.697       48.523     -121.722
Jim Creek...................................................       48.223     -121.950       48.185     -122.078
Jones Creek.................................................       48.542     -122.051       48.524     -122.053
Jordan Creek................................................       48.515     -121.419       48.522     -121.422
June Creek..................................................       46.995     -121.905       46.995     -121.917
Kapowsin Creek..............................................       46.991     -122.195       47.032     -122.205
Kendall Creek...............................................       48.922     -122.145       48.887     -122.149
Kindy Creek.................................................       48.432     -121.208       48.463     -121.208
Klickitat Creek.............................................       46.906     -121.551       46.908     -121.550
Lake Creek..................................................       48.769     -121.550       48.762     -121.546
Lake Shannon................................................       48.587     -121.723               ...........
Lake Union..................................................       47.642     -122.331               ...........
Lake Washington.............................................       47.619     -122.245               ...........
Lewis Creek.................................................       47.820     -121.509       47.824     -121.525
Lightning Creek.............................................       48.907     -120.983       48.933     -120.986
Lime Creek..................................................       48.218     -121.278       48.252     -121.293
Lindsay Creek...............................................       47.347     -121.660       47.351     -121.661
Little Beaver Creek.........................................       48.878     -121.323       48.914     -121.075
Little Chilliwack River.....................................       48.962     -121.478       48.992     -121.409
Little Creek................................................       48.876     -121.937       48.884     -121.934
Little Deer Creek...........................................       48.439     -121.950       48.387     -121.870
Little Fork Little Chilliwack River.........................       48.954     -121.442       48.980     -121.428
Lodi Creek..................................................       46.948     -121.699       46.960     -121.706
Long Creek..................................................       48.080     -121.686       48.074     -121.691
Loomis Creek................................................       48.670     -121.827       48.661     -121.814
Mallardy Creek..............................................       48.055     -121.656       48.070     -121.655
Maple Creek.................................................       48.926     -122.077       48.912     -122.079
Marble Creek................................................       48.542     -121.252       48.531     -121.282
Martin Creek................................................       48.092     -121.403       48.101     -121.396
Masonry Pool................................................       47.410     -121.737               ...........
McAllister Creek............................................       48.587     -121.156       48.623     -121.057
McCoy Creek.................................................       47.831     -121.827       47.848     -121.825
McDonald Creek (<greek-i>0435)..............................       48.911     -122.019       48.921     -122.016
McGinnis Creek..............................................       48.613     -121.961       48.610     -121.960
McMillan Creek..............................................       48.810     -121.212       48.815     -121.193
Merry Brook Creek...........................................       48.087     -121.388       48.089     -121.392
Middle Fork Nooksack River..................................       48.725     -121.899       48.834     -122.155
Milk Creek..................................................       48.178     -121.152       48.221     -121.163
Mill Creek..................................................       48.496     -121.870       48.512     -121.888
Miller River................................................       47.675     -121.389       47.719     -121.394
Miners Creek................................................       48.190     -121.023       48.187     -121.031
Money Creek.................................................       47.707     -121.443       47.729     -121.426
Monument Creek (<greek-i>0324)..............................       48.647     -121.828       48.652     -121.835
Moose Creek.................................................       48.255     -121.710       48.277     -121.700
Mowich River................................................       46.911     -121.996       46.925     -121.950
Newhalem Creek..............................................       48.663     -121.253       48.671     -121.255
Niesson Creek...............................................       46.884     -122.031       46.912     -122.046
Nisqually River.............................................       46.834     -122.324       47.101     -122.692
Nookachamps Creek...........................................       48.348     -122.203       48.471     -122.297
Nooksack River..............................................       48.778     -122.583       48.939     -122.420
Nooksack River (Slater Slough)..............................       48.784     -122.588       48.789     -122.604
North Fork Canyon Creek.....................................       48.774     -120.798       48.768     -120.793
North Fork Canyon Creek.....................................       48.165     -121.818       48.158     -121.817
North Fork Cedar River......................................       47.316     -121.507       47.313     -121.521
North Fork Nooksack River...................................       48.835     -122.154       48.920     -122.055
North Fork Sauk River.......................................       48.096     -121.370       48.097     -121.389
North Fork Skagit River.....................................       48.387     -122.367       48.364     -122.473
North Fork Skykomish River..................................       47.823     -121.530       47.887     -121.448
North Fork Stillaguamish River..............................       48.279     -121.817       48.283     -121.770

[[Page 63983]]

 
North Fork Tolt River.......................................       47.718     -121.779       47.696     -121.821
North Mowich River..........................................       46.916     -121.878       46.915     -121.895
North Puyallup River........................................       46.845     -121.878       46.864     -121.951
O'Toole Creek...............................................       48.498     -121.915       48.514     -121.917
Otter Creek.................................................       48.424     -121.374       48.420     -121.374
Owl Creek...................................................       48.161     -121.288       48.163     -121.301
Palmer Creek................................................       48.043     -121.469       48.045     -121.483
Panther Creek...............................................       48.631     -120.978       48.708     -120.976
Parallel Creek..............................................       46.911     -121.549       46.909     -121.560
Park Creek..................................................       48.740     -121.682       48.727     -121.659
Pass Creek..................................................       48.815     -121.463       48.811     -121.458
Peat Bog Creek (<greek-i>0352)..............................       48.780     -122.118       48.790     -122.122
Perry Creek.................................................       48.075     -121.488       48.063     -121.515
Pierce Creek................................................       48.766     -121.073       48.772     -121.066
Pilchuck Creek..............................................       48.303     -122.158       48.208     -122.226
Pilchuck River..............................................       47.995     -121.746       47.904     -122.091
Plumbago Creek..............................................       48.606     -122.101       48.612     -122.097
Poch Creek..................................................       46.987     -121.955       46.991     -121.954
Portage Island..............................................       48.694     -122.614       48.694     -122.614
Porter Creek................................................       48.795     -122.115       48.799     -122.127
Powerhouse Creek............................................       48.908     -121.815       48.911     -121.818
Pressentin Creek............................................       48.504     -121.844       48.518     -121.852
Proctor Creek...............................................       47.821     -121.648       47.835     -121.646
Pugh Creek..................................................       48.165     -121.333       48.172     -121.339
Pumice Creek................................................       48.141     -121.150       48.148     -121.236
Puyallup River..............................................       46.864     -121.951       47.268     -122.426
Racehorse Creek.............................................       48.884     -122.130       48.888     -122.146
Rack Creek..................................................       47.388     -121.731       47.392     -121.722
Ranger Creek................................................       46.988     -121.849       46.995     -121.854
Rankin Creek................................................       48.733     -121.908       48.733     -121.920
Rapid River.................................................       47.821     -121.233       47.803     -121.293
Rex River...................................................       47.347     -121.645       47.371     -121.688
Ridley Creek................................................       48.720     -121.865       48.725     -121.899
Rocky Creek.................................................       48.510     -121.502       48.500     -121.495
Rocky Creek.................................................       48.819     -121.996       48.809     -121.997
Roland Creek................................................       48.770     -120.998       48.769     -121.024
Rollins Creek...............................................       48.293     -121.852       48.281     -121.836
Ross Lake...................................................       48.869     -121.054               ...........
Ruby Creek..................................................       48.718     -121.001       48.707     -120.918
Salmon Creek................................................       47.911     -121.482       47.888     -121.453
Samish River................................................       48.548     -122.457       48.548     -122.457
Sauk River..................................................       48.095     -121.390       48.482     -121.605
Saxson Creek................................................       48.689     -122.156       48.689     -122.163
Schweitzer Creek............................................       48.065     -121.688       48.074     -121.699
Segelsen Creek..............................................       48.299     -121.707       48.280     -121.715
Seventysix Gulch............................................       47.974     -121.384       47.986     -121.393
Seymour Creek...............................................       48.755     -122.009       48.758     -122.010
Shaw Creek..................................................       46.901     -121.568       46.893     -121.580
Ship Canal (Chittendon Locks)...............................       47.660     -122.379               ...........
Shotgun Creek...............................................       47.380     -121.708       47.384     -121.706
Sibley Creek................................................       48.511     -121.255       48.511     -121.262
Silesia Creek...............................................       48.910     -121.485       48.999     -121.613
Silver Creek................................................       48.981     -121.190       48.970     -121.104
Silver Creek................................................       47.938     -121.439       47.897     -121.436
Silver Creek................................................       47.000     -121.530       46.997     -121.524
Silver Gulch................................................       48.075     -121.564       48.078     -121.570
Silver Springs..............................................       46.994     -121.533       46.997     -121.533
Sister Creek................................................       48.746     -121.974       48.755     -121.988
Skagit River................................................       48.471     -121.608       48.712     -121.138
Skookum Creek...............................................       48.686     -122.106       48.670     -122.142
Skykomish River.............................................       47.813     -121.579       47.855     -121.954
Slate Creek.................................................       48.752     -120.786       48.756     -120.796
Small Creek.................................................       48.158     -120.978       48.162     -121.006
Smith Creek.................................................       48.841     -122.262       48.859     -122.309
Snohomish River.............................................       47.830     -122.046       48.016     -122.151
Snoqualmie River............................................       47.541     -121.837       47.830     -122.046
Snowslide Gulch.............................................       47.858     -121.509       47.858     -121.503
Son of Gallop...............................................       48.889     -121.943       48.884     -121.940
Sonny Boy Creek.............................................       48.427     -121.172       48.462     -121.197
South Fork Canyon Creek.....................................       48.154     -121.785       48.158     -121.817

[[Page 63984]]

 
South Fork Cascade River....................................       48.391     -121.109       48.463     -121.164
South Fork Cedar River......................................       47.305     -121.513       47.313     -121.521
South Fork Nooksack River...................................       48.616     -122.103       48.809     -122.203
South Fork Salmon Creek.....................................       47.903     -121.486       47.906     -121.476
South Fork Sauk River.......................................       47.986     -121.393       48.097     -121.389
South Fork Skagit River.....................................       48.296     -122.364       48.367     -122.358
South Fork Skagit River (Brandstedt Slough).................       48.311     -122.357       48.311     -122.357
South Fork Skagit River (Crooked Slough)....................       48.306     -122.369       48.307     -122.373
South Fork Skagit River (Deepwater Slough)..................       48.327     -122.355       48.306     -122.383
South Fork Skagit River (Freshwater Slough).................       48.338     -122.349       48.321     -122.377
South Fork Skagit River (Old River).........................       48.308     -122.365       48.308     -122.365
South Fork Skagit River (Steamboat Slough)..................       48.324     -122.348       48.296     -122.364
South Fork Skagit River (Tom Moore Slough)..................       48.296     -122.364       48.324     -122.348
South Fork Skagit River (Unnamed off Deepwater Slough)......       48.317     -122.369       48.307     -122.389
South Fork Skykomish River..................................       47.705     -121.307       47.813     -121.579
South Fork Stillaguamish River..............................       48.030     -121.483       48.204     -122.127
South Fork Tolt River.......................................       47.693     -121.694       47.696     -121.821
South Mowich River..........................................       46.877     -121.855       46.915     -121.895
South Pass..................................................       48.225     -122.386       48.238     -122.378
South Prairie Creek.........................................       47.093     -121.952       47.098     -122.156
South Puyallup River........................................       46.808     -121.892       46.864     -121.951
South Slough................................................       48.193     -122.256       48.194     -122.254
Southeastern Shoreline Vashon Island........................       47.331     -122.493       47.348     -122.451
Squire Creek................................................       48.194     -121.638       48.279     -121.685
St.Andrews Creek............................................       46.834     -121.918       46.837     -121.921
Steamboat Slough............................................       47.984     -122.169       48.033     -122.204
Stetattle Creek.............................................       48.727     -121.155       48.717     -121.150
Stillaguamish River.........................................       48.193     -122.167       48.238     -122.378
Straight Creek..............................................       48.254     -121.398       48.272     -121.398
Suiattle River..............................................       48.162     -121.006       48.306     -121.428
Sulphide Creek..............................................       48.789     -121.553       48.777     -121.533
Sulphur Creek...............................................       48.279     -121.086       48.247     -121.193
Sulphur Creek...............................................       48.659     -121.711       48.648     -121.699
Sultan River................................................       47.870     -121.829       47.872     -121.826
Sunrise Creek...............................................       46.967     -121.540       46.971     -121.540
Swift Creek.................................................       48.747     -121.659       48.734     -121.659
Swift Creek.................................................       46.873     -121.954       46.870     -121.964
Swinomish Channel...........................................       48.440     -122.499       48.441     -122.504
Tenas Creek.................................................       48.335     -121.422       48.324     -121.440
Thompson Creek..............................................       48.891     -121.880       48.879     -121.915
Three Fools Creek...........................................       48.897     -120.849       48.890     -120.974
Three Lakes Outlet (<greek-i>0319)..........................       48.626     -121.888       48.625     -121.884
Thunder Creek...............................................       48.563     -121.027       48.678     -121.078
Tolmie Creek................................................       46.984     -121.944       46.990     -121.944
Tolt River..................................................       47.696     -121.821       47.640     -121.927
Troublesome Creek...........................................       47.925     -121.363       47.897     -121.404
Trout Creek.................................................       47.833     -121.434       47.864     -121.488
Tye River...................................................       47.717     -121.229       47.705     -121.307
Union Slough................................................       47.984     -122.167       48.034     -122.191
Unnamed trib. (<greek-i>0194)...............................       47.073     -121.693       47.072     -121.683
Unnamed trib. (<greek-i>0217)...............................       46.992     -121.705       46.992     -121.708
Unnamed trib. (<greek-i>0219)...............................       46.990     -121.706       46.987     -121.704
Unnamed trib. (<greek-i>0226)...............................       46.962     -121.711       46.961     -121.713
Unnamed trib. (<greek-i>0234)...............................       46.961     -121.711       46.965     -121.714
Unnamed trib. (<greek-i>0241)...............................       48.293     -121.785       48.284     -121.781
Unnamed trib. (<greek-i>0242)...............................       48.294     -121.772       48.286     -121.772
Unnamed trib. (<greek-i>0243)...............................       48.295     -121.759       48.286     -121.772
Unnamed trib. (<greek-i>0265)...............................       48.746     -122.094       48.743     -122.109
Unnamed trib. (<greek-i>0284)...............................       48.650     -122.116       48.649     -122.121
Unnamed trib. (<greek-i>0290)...............................       48.633     -122.121       48.635     -122.117
Unnamed trib. (<greek-i>0291)...............................       48.630     -122.121       48.636     -122.116
Unnamed trib. (<greek-i>0315)...............................       48.606     -121.953       48.608     -121.954
Unnamed trib. (<greek-i>0316)...............................       48.608     -121.930       48.605     -121.930
Unnamed trib. (<greek-i>0320)...............................       48.620     -121.861       48.625     -121.882
Unnamed trib. (<greek-i>0321)...............................       48.632     -121.872       48.629     -121.880
Unnamed trib. (<greek-i>0323)...............................       48.656     -121.862       48.655     -121.862
Unnamed trib. (<greek-i>0332)...............................       48.684     -121.921       48.690     -121.927
Unnamed trib. (<greek-i>0336)...............................       46.976     -121.547       46.976     -121.542
Unnamed trib. (<greek-i>0347)...............................       48.821     -122.121       48.828     -122.141
Unnamed trib. (<greek-i>0349)...............................       48.812     -122.125       48.815     -122.129

[[Page 63985]]

 
Unnamed trib. (<greek-i>0364)...............................       46.904     -121.567       46.904     -121.561
Unnamed trib. (<greek-i>0364)...............................       48.131     -121.909       48.123     -121.903
Unnamed trib. (<greek-i>0365)...............................       48.133     -121.884       48.124     -121.889
Unnamed trib. (<greek-i>0367)...............................       48.763     -122.040       48.765     -122.036
Unnamed trib. (<greek-i>0371)...............................       48.755     -122.017       48.757     -122.016
Unnamed trib. (<greek-i>0374)...............................       48.761     -121.986       48.756     -121.994
Unnamed trib. (<greek-i>0425)...............................       48.934     -122.036       48.927     -122.031
Unnamed trib. (<greek-i>0439)...............................       47.325     -121.535       47.325     -121.532
Unnamed trib. (<greek-i>0476)...............................       48.845     -121.896       48.844     -121.902
Unnamed trib. (<greek-i>0565)...............................       46.960     -121.793       46.959     -121.792
Unnamed trib. (<greek-i>1119)...............................       48.185     -121.433       48.181     -121.430
Unnamed trib. (LB1) upstream of Crystal Ck..................       46.925     -121.544       46.923     -121.546
Unnamed trib. (LB2) upstream of Crystal Ck..................       46.923     -121.543       46.921     -121.546
Unnamed trib. (RB) upstream of Crystal Creek................       46.920     -121.543       46.918     -121.542
Unnamed trib. downstream Boulder Ck.........................       48.929     -122.040       48.926     -122.046
Unnamed trib. downstream Wanlick Ck.........................       48.641     -121.878       48.640     -121.883
Unnamed trib. upstream Chenius Ck...........................       46.992     -121.843       46.990     -121.839
Unnamed trib. upstream of (<greek-i>0214)...................       46.997     -121.700       46.991     -121.704
Unnamed trib. upstream Wallace Ck...........................       48.742     -121.947       48.739     -121.936
Van Horn Creek..............................................       46.977     -121.718       46.976     -121.719
Viola Creek.................................................       47.043     -121.712       47.052     -121.695
Vista Creek.................................................       48.180     -121.057       48.194     -121.047
Wallace Creek...............................................       48.748     -121.943       48.745     -121.951
Wallace River...............................................       47.874     -121.649       47.859     -121.795
Wanlick Creek...............................................       48.644     -121.877       48.663     -121.799
Warm Creek..................................................       48.761     -121.972       48.755     -121.979
Weden Creek.................................................       47.986     -121.444       48.003     -121.439
Wells Creek.................................................       48.890     -121.791       48.905     -121.809
West Cady Creek.............................................       47.898     -121.307       47.899     -121.319
West Cornell Creek..........................................       48.878     -121.969       48.888     -121.961
West Fork Foss River........................................       47.627     -121.311       47.653     -121.294
West Fork White River.......................................       46.941     -121.708       47.125     -121.619
West Pass...................................................       48.238     -122.378       48.246     -122.394
West Slide Creek (<greek-i>0422)............................       48.912     -122.063       48.917     -122.067
White Chuck River...........................................       48.070     -121.151       48.181     -121.424
White Creek.................................................       48.403     -121.538       48.397     -121.553
White River.................................................       46.893     -121.601       47.274     -122.217
Wildcat Creek...............................................       48.895     -122.006       48.909     -122.001
Wiseman Creek...............................................       48.516     -122.130       48.506     -122.135
Wright Creek................................................       46.878     -121.615       46.877     -121.615
Wrong Creek.................................................       47.024     -121.710       47.049     -121.694
----------------------------------------------------------------------------------------------------------------

    (iii) Waterbodies associated with the following tribal lands or 
habitat conservation plans (HCPs) totaling 876.9 km (544.9 mi) of 
streams, 203.4 km (126.4 mi) of marine shoreline, and 1,629.5 ha 
(4,026.6 ac) of lakes and reservoirs have been excluded from critical 
habitat designation under section 4(b)(2) of the Act in this unit:
    (A) Waterbodies within the geographic area covered by the 
Washington State Forest Practices Habitat Conservation Plan (HCP) , 
including portions of Lower Green River, Lower Nisqually, Lower Skagit 
River, Nooksack River, Puyallup River, Samish River, Snohomish & 
Skykomish Rivers, Stillaguamish River, and Puget Sound Marine CHSUs;
    (B) Waterbodies within the geographic area covered by the 
Washington Department of Natural Resources HCP, including portions of 
Lower Green River, Lower Skagit River, Nooksack River, Puyallup River, 
Samish River, Snohomish and Skykomish Rivers, Stillaguamish River, and 
Puget Sound Marine CHSUs; and
    (C) Waterbodies within the areas under management by the 
Muckleshoot Tribe, including portions of the Puyallup River CHSU; 
Swinomish Tribe, including portions of the Puget Sound Marine CHSU; 
Lummi Nation, including portions of Nooksack River and Puget Sound 
Marine CHSUs; Nooksack Tribe, including portions of Nooksack River 
CHSU; Tulalip Tribes, including portions of Puget Sound Marine CHSU; 
Puyallup Tribe, including portions of Puyallup River and Puget Sound 
Marine CHSUs; and Stillaguamish Tribe, including portions of 
Stillaguamish River CHSU, within reservation boundaries, and 
waterbodies that are adjacent to:
    (1) Lands held in trust by the United States for their benefit;
    (2) Lands held in trust by the United States for any Indian Tribe 
or individual subject to restrictions by the United States against 
alienation;
    (3) Fee lands, either within or outside the reservation boundaries, 
owned by the tribal government; and
    (4) Fee lands within the reservation boundaries owned by individual 
Indians.
    (iv) Map of Unit 2, Puget Sound follows:
BILLING CODE 4310-55-S

[[Page 63986]]

[GRAPHIC] [TIFF OMITTED] TR18OC10.003

BILLING CODE 4310-55-C
(10) Unit 3: Lower Columbia River Basins
    (i) This unit consists of 119.3 km (74.2 mi) of streams. The unit 
is located in southwestern Washington.
    (ii) Individual waterbodies in the unit are bounded by the 
following coordinates:

[[Page 63987]]



----------------------------------------------------------------------------------------------------------------
                                                                 Stream       Stream
                                                              Begin Point  Begin Point   Stream End   Stream End
                       Waterbody Name                           or Lake      or Lake       Point        Point
                                                                 Center       Center      Latitude    Longitude
                                                                Latitude    Longitude
----------------------------------------------------------------------------------------------------------------
Buck Creek..................................................       45.865     -121.579       45.781     -121.515
Clearwater Creek............................................       46.278     -121.331       46.276     -121.328
Cougar Creek................................................       46.071     -122.268       46.055     -122.293
Drift Creek.................................................       46.023     -122.090       46.008     -122.078
Fish Lake Stream............................................       46.341     -121.370       46.275     -121.313
Klickitat River.............................................       46.255     -121.240       45.691     -121.295
Lake Merwin.................................................       45.977     -122.466               ...........
Lewis River.................................................       45.957     -122.556       46.066     -122.020
Little Muddy Creek..........................................       46.278     -121.353       46.276     -121.328
Muddy River.................................................       46.069     -122.007       46.168     -122.034
Phelps Creek................................................       45.892     -121.566       45.881     -121.518
Pine Creek..................................................       46.142     -122.096       46.071     -122.017
Rush Creek..................................................       46.055     -121.916       46.075     -121.938
Swift Creek.................................................       46.084     -122.200       46.086     -122.204
Swift Reservoir.............................................       46.056     -122.114               ...........
Trappers Creek..............................................       46.289     -121.363       46.276     -121.336
Two Lakes Stream............................................       46.340     -121.385       46.341     -121.370
Unnamed trib. - off Fish Lake Stream........................       46.323     -121.438       46.331     -121.360
Unnamed trib. ('P10').......................................       46.123     -122.088       46.120     -122.077
Unnamed trib. ('P7')........................................       46.099     -122.069       46.092     -122.059
Unnamed trib. ('P8')........................................       46.104     -122.064       46.140     -122.082
West Fork Klickitat River...................................       46.276     -121.328       46.242     -121.247
White Salmon River..........................................       45.897     -121.504       45.722     -121.523
Yale Lake...................................................       46.012     -122.312               ...........
----------------------------------------------------------------------------------------------------------------

    (iii) Waterbodies associated with the following tribal lands and 
habitat conservation plans (HCPs) totaling 155.6 km (96.7 mi) of 
streams and 4,856.1 ha (11,999.7 ac) of lakes and reservoirs have been 
excluded from critical habitat designation under section 4(b)(2) of the 
Act in this unit:
    (A) Waterbodies within the geographic area covered by the 
Washington State Forest Practices Habitat Conservation Plan (HCP) , 
including portions of Klickitat River, Lewis River, and White Salmon 
River CHSUs;
    (B) Waterbodies within the geographic area covered by the 
Washington Department of Natural Resources HCP, including portions of 
Klickitat River, Lewis River, and White Salmon River CHSUs; and
    (C) Waterbodies within the geographic area covered by the 
PacifiCorp Lewis River Hydropower Project Conservation Easement, 
including portions of Lewis River CHSU.
    (D) Waterbodies within the areas under management by the Yakama 
Nation including the Klickitat River CHSU, within reservation 
boundaries, and waterbodies that are adjacent to:
    (1) Lands held in trust by the United States for their benefit;
    (2) Lands held in trust by the United States for any Indian Tribe 
or individual subject to restrictions by the United States against 
alienation;
    (3) Fee lands, either within or outside the reservation boundaries, 
owned by the tribal government; and
    (4) Fee lands within the reservation boundaries owned by individual 
Indians.
    (iv) Map of Unit 3, Lower Columbia River Basins follows:
BILLING CODE 4310-55-S

[[Page 63988]]

[GRAPHIC] [TIFF OMITTED] TR18OC10.004

BILLING CODE 4310-55-C
(11) Unit 4: Upper Willamette River
    (i) This unit consists of 312.4 km (194.1 mi) of streams and 
3,601.5 ha (8,899.5 ac) of lakes and reservoirs. The unit is located in 
northwestern Oregon.
    (ii) Individual waterbodies in the unit are bounded by the 
following coordinates:

[[Page 63989]]



----------------------------------------------------------------------------------------------------------------
                                                                 Stream       Stream
                                                              Begin Point  Begin Point   Stream End   Stream End
                       Waterbody Name                           or Lake      or Lake       Point        Point
                                                                 Center       Center      Latitude    Longitude
                                                                Latitude    Longitude
----------------------------------------------------------------------------------------------------------------
Anderson Creek..............................................       44.258     -122.043       44.278     -122.022
Bear Creek..................................................       43.554     -122.209       43.544     -122.244
Blue River..................................................       44.172     -122.329       44.153     -122.344
Carmen-Smith Spawning Channel...............................       44.273     -122.051       44.271     -122.052
Cougar Reservoir............................................       44.100     -122.230               ...........
Deer Creek..................................................       44.259     -122.063       44.241     -122.058
Dexter Reservoir............................................       43.915     -122.789               ...........
East Fork Horse Creek.......................................       44.170     -122.175       44.176     -122.179
East Fork South Fork McKenzie River.........................       44.117     -122.204       44.116     -122.195
Hills Creek Lake............................................       43.671     -122.427               ...........
Horse Creek.................................................       44.125     -122.037       44.170     -122.175
Indigo Creek................................................       43.497     -122.262       43.495     -122.268
Lookout Point Lake..........................................       43.872     -122.682               ...........
Lost Creek..................................................       44.161     -122.018       44.189     -122.067
McKenzie River..............................................       44.190     -122.079       44.285     -122.042
Middle Fork Willamette River................................       43.481     -122.255       44.022     -123.018
Olallie Creek...............................................       44.257     -122.042       44.269     -122.025
Roaring River...............................................       43.928     -122.066       43.955     -122.092
Smith River.................................................       44.279     -122.051       44.287     -122.049
South Fork McKenzie River...................................       43.955     -122.092       44.159     -122.296
Sweetwater Creek............................................       44.283     -122.035       44.279     -122.046
Swift Creek.................................................       43.560     -122.163       43.502     -122.300
Trail Bridge Reservoir......................................       44.277     -122.048               ...........
West Fork Horse Creek.......................................       44.170     -122.175       44.172     -122.207
White Branch................................................       44.160     -122.019       44.167     -122.030
Willamette River............................................       44.022     -123.018       44.125     -123.107
----------------------------------------------------------------------------------------------------------------

    (iii) No waterbodies are excluded from critical habitat designation 
in this unit.
    (iv) Map of Unit 4, Upper Willamette River follows:
BILLING CODE 4310-55-S

[[Page 63990]]

[GRAPHIC] [TIFF OMITTED] TR18OC10.005

BILLING CODE 4310-55-C
(12) Unit 5: Hood River Basin
    (i) This unit consists of 128.1 km (79.6 mi) of streams and 36.9 ha 
(91.1 ac) of lakes and reservoirs. The unit is located in northcentral 
Oregon.
    (ii) Individual waterbodies in the unit are bounded by the 
following coordinates:

[[Page 63991]]



----------------------------------------------------------------------------------------------------------------
                                                                 Stream       Stream
                                                              Begin Point  Begin Point   Stream End   Stream End
                       Waterbody Name                           or Lake      or Lake       Point        Point
                                                                 Center       Center      Latitude    Longitude
                                                                Latitude    Longitude
----------------------------------------------------------------------------------------------------------------
Bear Creek..................................................       45.499     -121.630       45.486     -121.668
Clear Branch................................................       45.444     -121.711       45.463     -121.646
Coe Branch..................................................       45.413     -121.685       45.463     -121.646
Compass Creek...............................................       45.401     -121.683       45.434     -121.668
East Fork Hood River........................................       45.575     -121.627       45.605     -121.633
Elk Creek...................................................       45.405     -121.773       45.456     -121.782
Elliot Branch...............................................       45.464     -121.640       45.453     -121.638
Hood River..................................................       45.605     -121.633       45.720     -121.507
Jones Creek.................................................       45.462     -121.782       45.468     -121.806
Lake Branch.................................................       45.539     -121.743       45.549     -121.700
Laurance Lake...............................................       45.460     -121.665               ...........
Laurel Creek................................................       45.513     -121.789       45.539     -121.743
McGee Creek.................................................       45.456     -121.782       45.411     -121.760
Middle Fork Hood River......................................       45.463     -121.646       45.575     -121.627
Pinnacle Creek..............................................       45.433     -121.687       45.458     -121.661
Red Hill Creek..............................................       45.453     -121.735       45.483     -121.770
Tony Creek..................................................       45.553     -121.639       45.472     -121.712
Unnamed - Off Clear Branch..................................       45.448     -121.701       45.447     -121.702
West Fork Hood River........................................       45.456     -121.782       45.605     -121.633
----------------------------------------------------------------------------------------------------------------

    (iii) No waterbodies are excluded from critical habitat designation 
in this unit.
    (iv) Map of Unit 5, Hood River Basin follows:
BILLING CODE 4310-55-S

[[Page 63992]]

[GRAPHIC] [TIFF OMITTED] TR18OC10.006

BILLING CODE 4310-55-C
(13) Unit 6: Lower Deschutes River Basin
    (i) This unit consists of 232.8 km (139.7 mi) of streams and 
1,224.9 ha (3,026.8 ac) of lakes and reservoirs. The unit is located in 
northcentral Oregon.
    (ii) Individual waterbodies in the unit are bounded by the 
following coordinates:

[[Page 63993]]



----------------------------------------------------------------------------------------------------------------
                                                                 Stream       Stream
                                                              Begin Point  Begin Point   Stream End   Stream End
                       Waterbody Name                           or Lake      or Lake       Point        Point
                                                                 Center       Center      Latitude    Longitude
                                                                Latitude    Longitude
----------------------------------------------------------------------------------------------------------------
Abbot Creek.................................................       44.544     -121.671       44.570     -121.621
Blue Lake...................................................       44.413     -121.769               ...........
Brush Creek.................................................       44.543     -121.707       44.504     -121.659
Bunch Grass Creek...........................................       44.993     -121.647       44.987     -121.644
Candle Creek................................................       44.583     -121.678       44.576     -121.619
Canyon Creek................................................       44.502     -121.742       44.501     -121.643
Crooked River...............................................       44.393     -121.193       44.501     -121.286
Deschutes River.............................................       44.373     -121.292       45.639     -120.915
Heising Spring..............................................       44.491     -121.652       44.493     -121.649
Jack Creek..................................................       44.472     -121.727       44.493     -121.648
Jefferson Creek.............................................       44.625     -121.691       44.577     -121.620
Lake Billy Chinook..........................................       44.568     -121.308               ...........
Lake Billy Chinook..........................................       44.593     -121.370               ...........
Lake Creek..................................................       44.426     -121.727       44.436     -121.703
Link Creek..................................................       44.415     -121.766       44.419     -121.756
Metolius River..............................................       44.434     -121.638       44.619     -121.469
Middle Fork Lake Creek......................................       44.436     -121.703       44.453     -121.643
Roaring Creek...............................................       44.527     -121.709       44.508     -121.687
Shitike Creek...............................................       44.748     -121.682       44.762     -121.228
South Fork Lake Creek.......................................       44.435     -121.705       44.442     -121.662
Spring Creek................................................       44.457     -121.644       44.451     -121.651
Street Creek................................................       44.590     -121.506       44.599     -121.454
Suttle Lake.................................................       44.422     -121.741               ...........
Trout Creek.................................................       44.803     -121.069       44.821     -121.089
Unnamed - Off Canyon Creek..................................       44.527     -121.679       44.504     -121.658
Unnamed - Off Jack Creek....................................       44.476     -121.725       44.476     -121.723
Unnamed - Off Jack Creek....................................       44.477     -121.724       44.476     -121.723
Unnamed - Off Jack Creek....................................       44.477     -121.724       44.477     -121.724
Unnamed - Off Jefferson Creek...............................       44.634     -121.699       44.625     -121.691
Unnamed - Off Roaring Creek.................................       44.522     -121.700       44.516     -121.700
Unnamed - Off Roaring Creek.................................       44.522     -121.700       44.521     -121.700
Unnamed - Off Roaring Creek.................................       44.516     -121.712       44.516     -121.700
Warm Springs River 1........................................       44.941     -121.431       44.941     -121.431
Warm Springs River 2........................................       44.969     -121.585       44.969     -121.585
Whitewater River............................................       44.704     -121.728       44.670     -121.546
Whychus Creek...............................................       44.460     -121.336       44.417     -121.389
----------------------------------------------------------------------------------------------------------------

    (iii) Waterbodies associated with the following tribal lands 
totaling 230.4 km (143.2 mi) of streams and 445.3 ha (1,100.4 ac) of 
lakes and reservoirs have been excluded from critical habitat 
designation under section 4(b)(2) of the Act in this unit. These are 
waterbodies within the areas under management by the Confederated 
Tribes of the Warm Springs Reservation within reservation boundaries, 
and waterbodies that are adjacent to:
    (A) Lands held in trust by the United States for their benefit;
    (B) Lands held in trust by the United States for any Indian Tribe 
or individual subject to restrictions by the United States against 
alienation;
    (C) Fee lands, either within or outside the reservation boundaries, 
owned by the tribal government; and
    (D) Fee lands within the reservation boundaries owned by individual 
Indians.
    (iv) Map of Unit 6, Lower Deschutes River Basin follows:
BILLING CODE 4310-55-S

[[Page 63994]]

[GRAPHIC] [TIFF OMITTED] TR18OC10.007

BILLING CODE 4310-55-C
(14) Unit 7: Odell Lake
    (i) This unit consists of 27.4 km (17.0 mi) of streams and 1,387.1 
ha (3,427.6 ac) of lakes and reservoirs. The unit is located in 
northcentral Oregon.
    (ii) Individual waterbodies in the unit are bounded by the 
following coordinates:

[[Page 63995]]



----------------------------------------------------------------------------------------------------------------
                                                                 Stream       Stream
                                                              Begin Point  Begin Point   Stream End   Stream End
                       Waterbody Name                           or Lake      or Lake       Point        Point
                                                                 Center       Center      Latitude    Longitude
                                                                Latitude    Longitude
----------------------------------------------------------------------------------------------------------------
Crystal Creek...............................................       43.566     -122.052       43.572     -122.022
Maklaks Creek...............................................       43.566     -121.945       43.564     -121.915
Odell Creek.................................................       43.550     -121.964       43.591     -121.855
Odell Lake..................................................       43.572     -122.001               ...........
Trapper Creek...............................................       43.548     -122.076       43.585     -122.048
Unnamed - Off Odell Creek...................................       43.557     -121.919       43.561     -121.943
----------------------------------------------------------------------------------------------------------------

    (iii) No waterbodies are excluded from critical habitat designation 
in this unit.
    (iv) Map of Unit 7, Odell Lake follows:
BILLING CODE 4310-55-S

[[Page 63996]]

[GRAPHIC] [TIFF OMITTED] TR18OC10.008

BILLING CODE 4310-55-C
(15) Unit 8: Mainstem Lower Columbia River
    (i) This unit consists of 340.4 km (211.5 mi) of streams. The unit 
is located along the border between Oregon and Washington.
    (ii) Individual waterbodies in the unit are bounded by the 
following coordinates:

[[Page 63997]]



----------------------------------------------------------------------------------------------------------------
                                                                 Stream       Stream
                                                              Begin Point  Begin Point   Stream End   Stream End
                       Waterbody Name                           or Lake      or Lake       Point        Point
                                                                 Center       Center      Latitude    Longitude
                                                                Latitude    Longitude
----------------------------------------------------------------------------------------------------------------
Columbia River..............................................       45.645     -121.933       45.800     -122.787
----------------------------------------------------------------------------------------------------------------

    (iii) Waterbodies associated with the following habitat 
conservation plan (HCP) totaling 1.7 km (1.1 mi) of streams have been 
excluded from critical habitat designation under section 4(b)(2) of the 
Act in this unit. These are waterbodies within the geographic area 
covered by the Washington State Forest Practices Habitat Conservation 
Plan (HCP).
    (iv) Map of Unit 8, Mainstem Lower Columbia River follows:
BILLING CODE 4310-55-S

[[Page 63998]]

[GRAPHIC] [TIFF OMITTED] TR18OC10.009

BILLING CODE 4310-55-C
(16) Unit 9: Klamath River Basin
    (i) This unit consists of 445.2 km (276.6 mi) of streams and 
3,775.5 ha (9,329.4 ac) of lakes and reservoirs. The unit is located in 
southwestern Oregon.
    (ii) Individual waterbodies in the unit are bounded by the 
following coordinates:

[[Page 63999]]



----------------------------------------------------------------------------------------------------------------
                                                                 Stream       Stream
                                                              Begin Point  Begin Point   Stream End   Stream End
                       Waterbody Name                           or Lake      or Lake       Point        Point
                                                                 Center       Center      Latitude    Longitude
                                                                Latitude    Longitude
----------------------------------------------------------------------------------------------------------------
Agency Lake.................................................       42.541     -121.964               ...........
Annie Creek.................................................       42.721     -121.990       42.817     -122.113
Boulder Creek...............................................       42.660     -120.784       42.673     -120.762
Boulder Creek...............................................       42.517     -120.952       42.494     -120.885
Brownsworth Creek...........................................       42.392     -120.914       42.469     -120.855
Calahan Creek...............................................       42.838     -121.267       42.924     -121.292
Camp Creek..................................................       42.445     -120.795       42.471     -120.838
Cherry Creek................................................       42.615     -122.201       42.631     -122.074
Corral Creek................................................       42.455     -120.783       42.480     -120.819
Coyote Creek................................................       42.862     -121.109       42.893     -121.247
Crane Creek.................................................       42.638     -122.052       42.642     -122.065
Crooked Creek...............................................       42.598     -121.946       42.686     -121.965
Dead Cow Creek..............................................       42.590     -120.837       42.562     -120.781
Deming Creek................................................       42.448     -120.954       42.486     -120.886
Dixon Creek.................................................       42.518     -120.938       42.532     -120.925
Fort Creek..................................................       42.695     -121.968       42.672     -121.980
Fourmile Creek..............................................       42.612     -122.051       42.633     -122.077
Gearhart Creek..............................................       42.566     -120.887       42.510     -120.872
Gold Creek..................................................       42.590     -120.819       42.606     -120.795
Hole Creek..................................................       42.567     -120.870       42.541     -120.861
Leonard Creek...............................................       42.413     -120.868       42.465     -120.865
Long Creek..................................................       42.726     -121.160       42.831     -121.200
North Fork Sprague River....................................       42.497     -121.009       42.557     -120.840
Nottin Creek................................................       42.570     -120.871       42.532     -120.851
Rifle Creek.................................................       42.694     -120.881       42.682     -120.846
School Creek................................................       42.604     -120.847       42.618     -120.808
Sevenmile Canal.............................................       42.582     -121.971       42.646     -122.052
Sevenmile Creek.............................................       42.646     -122.052       42.690     -122.151
South Fork Sprague River....................................       42.392     -120.914       42.481     -120.785
South Fork Sycan River......................................       42.663     -120.794       42.633     -120.796
Sun Creek...................................................       42.734     -122.009       42.876     -122.100
Sycan River.................................................       42.647     -120.735       42.784     -121.095
Threemile Creek.............................................       42.642     -122.065       42.640     -122.139
Unnamed - Off Dixon Creek...................................       42.523     -120.931       42.521     -120.922
Unnamed - Off Long Creek....................................       42.873     -121.299       42.870     -121.296
West Canal..................................................       42.646     -122.052       42.531     -122.005
Wood River..................................................       42.577     -121.941       42.747     -121.985
----------------------------------------------------------------------------------------------------------------

    (iii) No waterbodies are excluded from critical habitat designation 
in this unit.
    (iv) Map of Unit 9, Klamath River Basin follows:
BILLING CODE 4310-55-S

[[Page 64000]]

[GRAPHIC] [TIFF OMITTED] TR18OC10.010

BILLING CODE 4310-55-C
(17) Unit 10: Upper Columbia River Basins
    (i) This unit consists of 931.8 km (579.0 mi) of streams and 
1,033.2 ha (2,553.1 ac) of lakes and reservoirs. The unit is located in 
northcentral Washington.
    (ii) Individual waterbodies in the unit are bounded by the 
following coordinates:

[[Page 64001]]



----------------------------------------------------------------------------------------------------------------
                                                                 Stream       Stream
                                                              Begin Point  Begin Point   Stream End   Stream End
                       Waterbody Name                           or Lake      or Lake       Point        Point
                                                                 Center       Center      Latitude    Longitude
                                                                Latitude    Longitude
----------------------------------------------------------------------------------------------------------------
Alder Creek.................................................       47.845     -120.666       47.919     -120.647
Alpine Creek................................................       48.084     -120.864       48.083     -120.866
Andrews Creek...............................................       48.782     -120.108       48.787     -120.113
Beaver Creek................................................       48.327     -120.066       48.492     -119.993
Black Lake..................................................       48.829     -120.208               ...........
Blue Buck Creek.............................................       48.486     -120.005       48.553     -119.963
Buck Creek..................................................       48.104     -120.878       48.106     -120.886
Buttermilk Creek............................................       48.363     -120.339       48.340     -120.303
Canyon Creek................................................       47.907     -120.895       47.891     -120.965
Cedar Creek.................................................       48.589     -120.471       48.566     -120.475
Chelan River................................................       47.803     -119.980       47.812     -119.985
Chewuch River...............................................       48.476     -120.183       48.844     -120.023
Chikamin Creek..............................................       47.904     -120.731       47.985     -120.718
Chiwaukum Creek.............................................       47.679     -120.728       47.715     -120.839
Chiwawa River...............................................       47.788     -120.660       48.104     -120.878
Cougar Lake.................................................       48.881     -120.466               ...........
Crater Creek................................................       48.214     -120.209       48.215     -120.270
Diamond Creek...............................................       48.849     -120.422       48.855     -120.416
Drake Creek.................................................       48.781     -120.396       48.787     -120.389
Early Winters Creek.........................................       48.601     -120.438       48.503     -120.625
East Fork Buttermilk Creek..................................       48.340     -120.303       48.296     -120.308
Eightmile Creek.............................................       48.604     -120.163       48.804     -120.338
Entiat River................................................       47.660     -120.218       47.920     -120.507
Eureka Creek................................................       48.700     -120.492       48.709     -120.506
First Hidden Lake...........................................       48.899     -120.487               ...........
Foggy Dew Creek.............................................       48.204     -120.190       48.161     -120.297
French Creek................................................       47.628     -120.963       47.593     -121.042
Goat Creek..................................................       48.574     -120.379       48.730     -120.360
Gold Creek..................................................       48.188     -120.095       48.185     -120.116
Henry Creek.................................................       47.768     -120.991       47.754     -120.996
Huckleberry Creek...........................................       48.569     -120.473       48.511     -120.450
Icicle Creek................................................       47.550     -120.679       47.558     -120.672
Ingalls Creek...............................................       47.463     -120.661       47.448     -120.859
Jack Creek..................................................       47.608     -120.900       47.529     -120.952
James Creek.................................................       48.077     -120.858       48.075     -120.861
Lake Creek..................................................       48.750     -120.137       48.848     -120.239
Lake Wenatchee..............................................       47.823     -120.778               ...........
Leland Creek................................................       47.662     -121.041       47.612     -121.089
Lightning Creek.............................................       48.451     -119.999       48.453     -119.996
Little Bridge Creek.........................................       48.379     -120.286       48.449     -120.432
Little Wenatchee River......................................       47.827     -120.819       47.913     -121.094
Lost River..................................................       48.650     -120.512       48.896     -120.486
Mad River...................................................       47.736     -120.363       47.864     -120.608
Methow River................................................       48.050     -119.894       48.651     -120.513
Middle Hidden Lake..........................................       48.908     -120.489               ...........
Mill Creek..................................................       47.777     -121.011       47.772     -121.021
Monument Creek..............................................       48.732     -120.449       48.803     -120.495
Napeequa River..............................................       47.921     -120.897       47.931     -120.879
Nason Creek.................................................       47.809     -120.716       47.784     -121.028
Negro Creek.................................................       47.444     -120.662       47.418     -120.797
North Creek.................................................       48.454     -120.563       48.462     -120.559
North Fork Gold Creek.......................................       48.185     -120.116       48.238     -120.283
North Fork Wolf Creek.......................................       48.485     -120.347       48.530     -120.424
Panther Creek...............................................       47.941     -120.929       47.938     -120.943
Peshastin Creek.............................................       47.558     -120.574       47.444     -120.662
Phelps Creek................................................       48.070     -120.853       48.080     -120.839
Ptarmigan Creek.............................................       48.891     -120.482       48.885     -120.483
Rainy Creek.................................................       47.852     -120.955       47.816     -121.075
Rattlesnake Creek...........................................       48.648     -120.566       48.651     -120.571
Reynolds Creek..............................................       48.406     -120.479       48.404     -120.490
Robinson Creek..............................................       48.659     -120.538       48.673     -120.539
Rock Creek..................................................       47.963     -120.796       48.037     -120.763
South Creek.................................................       48.438     -120.529       48.428     -120.568
Stormy Creek................................................       47.822     -120.422       47.867     -120.360
Tillicum Creek..............................................       47.747     -120.394       47.723     -120.439
Trout Creek.................................................       48.640     -120.599       48.664     -120.711
Twisp River.................................................       48.369     -120.119       48.464     -120.606
Unnamed stream..............................................       47.592     -120.661       47.590     -120.663
Unnamed stream..............................................       47.578     -120.666       47.575     -120.670
Unnamed stream..............................................       47.834     -120.875       47.838     -120.900

[[Page 64002]]

 
Unnamed stream..............................................       47.837     -120.878       47.835     -120.885
W. Fork Buttermilk Creek....................................       48.340     -120.303       48.259     -120.437
War Creek...................................................       48.361     -120.396       48.362     -120.411
Wenatchee River.............................................       47.456     -120.317       47.808     -120.728
West Fork Methow River......................................       48.648     -120.512       48.641     -120.609
White River.................................................       47.834     -120.816       47.953     -120.940
Wolf Creek..................................................       48.491     -120.232       48.476     -120.441
----------------------------------------------------------------------------------------------------------------

    (iii) Waterbodies associated with the following habitat 
conservation plan (HCP) totaling 119.7 km (74.4 mi) of streams have 
been excluded from critical habitat designation under section 4(b)(2) 
of the Act in this unit. These are waterbodies within the geographic 
area covered by the Washington State Forest Practices Habitat 
Conservation Plan (HCP) , including portions of Entiat River, Methow 
River, and Wenatchee River CHSUs.
    (iv) Map of Unit 10, Upper Columbia River Basins follows:
BILLING CODE 4310-55-S

[[Page 64003]]

[GRAPHIC] [TIFF OMITTED] TR18OC10.011

BILLING CODE 4310-55-C
(18) Unit 11: Yakima River
    (i) This unit consists of 896.9 km (557.3 mi) of streams and 
6,285.2 ha (15,530.9 ac) of lakes and reservoirs. The unit is located 
in central Washington.
    (ii) Individual waterbodies in the unit are bounded by the 
following coordinates:

[[Page 64004]]



----------------------------------------------------------------------------------------------------------------
                                                                 Stream       Stream
                                                              Begin Point  Begin Point   Stream End   Stream End
                       Waterbody Name                           or Lake      or Lake       Point        Point
                                                                 Center       Center      Latitude    Longitude
                                                                Latitude    Longitude
----------------------------------------------------------------------------------------------------------------
Ahtanum Creek...............................................       46.529     -120.473       46.523     -120.855
American River..............................................       46.976     -121.158       46.901     -121.416
Bear Creek..................................................       46.538     -121.261       46.540     -121.282
Box Canyon Creek............................................       47.360     -121.244       47.377     -121.259
Bumping Lake................................................       46.851     -121.328               ...........
Bumping River...............................................       46.831     -121.378       46.868     -121.300
Camp Creek..................................................       46.571     -121.243       46.579     -121.266
Cle Elum Lake...............................................       47.290     -121.103               ...........
Cle Elum River..............................................       47.177     -120.991       47.589     -121.162
Clear Lake..................................................       46.629     -121.281               ...........
Cold Creek..................................................       47.368     -121.394       47.352     -121.455
Cooper Lake.................................................       47.426     -121.176               ...........
Cooper River................................................       47.390     -121.099       47.455     -121.214
Cowiche Creek...............................................       46.628     -120.569       46.647     -120.682
Crow Creek..................................................       47.015     -121.134       47.017     -121.318
Deep Creek..................................................       46.844     -121.317       46.804     -121.322
DeRoux Creek................................................       47.419     -120.941       47.442     -120.980
Dog Creek...................................................       46.787     -121.169       46.793     -121.178
Easton Lake.................................................       47.248     -121.195               ...........
Fall Creek..................................................       46.586     -121.038       46.595     -121.060
Fortune Creek...............................................       47.477     -121.047       47.469     -120.965
Gold Creek..................................................       47.475     -121.318       47.390     -121.384
Grey Creek..................................................       46.591     -121.223       46.594     -121.226
Hindoo Creek................................................       46.785     -121.164       46.781     -121.183
Hyas Lake...................................................       47.567     -121.121               ...........
Indian Creek................................................       46.696     -121.301       46.641     -121.250
Jack Creek..................................................       47.319     -120.856       47.334     -120.744
Jungle Creek................................................       47.333     -120.856       47.333     -120.925
Kachess Lake................................................       47.316     -121.228               ...........
Kachess River...............................................       47.251     -121.201       47.429     -121.223
Keechelus Lake..............................................       47.349     -121.368               ...........
Kettle Creek................................................       46.941     -121.328       46.916     -121.342
Little Naches River.........................................       46.989     -121.095       47.089     -121.282
Little Rattlesnake Creek....................................       46.814     -120.949       46.801     -120.948
Little Wildcat Creek........................................       46.731     -121.236       46.687     -121.267
Middle Fork Ahtanum Creek...................................       46.518     -121.015       46.506     -121.180
Middle Fork Teanaway River..................................       47.257     -120.898       47.419     -120.994
Mineral Creek...............................................       47.420     -121.241       47.422     -121.246
Naches River................................................       46.630     -120.515       46.989     -121.095
North Fork Ahtanum Creek....................................       46.523     -120.855       46.538     -121.212
North Fork Little Naches River..............................       47.089     -121.282       47.094     -121.392
North Fork Rattlesnake Creek................................       46.810     -121.068       46.841     -121.170
North Fork Taneaum Creek....................................       47.112     -120.933       47.109     -121.145
North Fork Teanaway River...................................       47.251     -120.878       47.454     -120.966
North Fork Tieton River.....................................       46.508     -121.436       46.628     -121.271
Oak Creek...................................................       46.724     -120.813       46.735     -120.924
Pileup Creek................................................       47.045     -121.183       47.090     -121.124
Quartz Creek................................................       47.017     -121.135       47.082     -121.109
Rattlesnake Creek...........................................       46.820     -120.930       46.759     -121.316
Reynolds Creek..............................................       46.619     -120.882       46.601     -121.068
Rimrock Lake................................................       46.639     -121.180               ...........
Rock Creek..................................................       46.585     -121.025       46.588     -121.079
Shellneck Creek.............................................       46.531     -121.159       46.515     -121.188
Short And Dirty Creek.......................................       46.617     -121.150       46.616     -121.149
South Fork Ahtanum Creek....................................       46.523     -120.855       46.454     -121.119
South Fork Cowiche Creek....................................       46.647     -120.682       46.566     -121.124
South Fork Little Naches River..............................       47.066     -121.227       47.020     -121.392
South Fork Taneaum Creek....................................       47.112     -120.933       47.091     -121.030
South Fork Tieton River.....................................       46.627     -121.133       46.496     -121.315
Spruce Creek................................................       46.590     -121.219       46.586     -121.212
Stafford Creek..............................................       47.347     -120.849       47.398     -120.802
Swauk Creek.................................................       47.123     -120.738       47.158     -120.739
Taneaum Creek...............................................       47.092     -120.709       47.112     -120.933
Teanaway River..............................................       47.167     -120.835       47.257     -120.898
Tieton River................................................       46.746     -120.787       46.656     -121.130
Timber Creek................................................       46.913     -121.386       46.907     -121.382
Union Creek.................................................       46.932     -121.358       46.937     -121.362
Unnamed stream..............................................       46.545     -121.388       46.550     -121.403
Waptus Lake.................................................       47.503     -121.178               ...........
Waptus River................................................       47.419     -121.088       47.540     -121.241

[[Page 64005]]

 
Yakima River................................................       46.254     -119.228       47.322     -121.340
----------------------------------------------------------------------------------------------------------------

    (iii) Waterbodies associated with the following tribal lands or 
habitat conservation plans (HCPs) totaling 288.7 km (179.4 mi) of 
streams have been excluded from critical habitat designation under 
section 4(b)(2) of the Act in this unit:
    (A) Waterbodies within the geographic area covered by the 
Washington State Forest Practices Habitat Conservation Plan (HCP) , 
including portions of the Yakima River Critical Habitat Unit (CHU);
    (B) Waterbodies within the geographic area covered by the Plum 
Creek Central Cascades HCP, including portions of the Yakima River CHU; 
and
    (C) Waterbodies within the areas under management by the Yakama 
Tribe, including portions of Yakama River CHU and Klickitat River CHSU, 
within reservation boundaries, and waterbodies that are adjacent to:
    (1) Lands held in trust by the United States for their benefit;
    (2) Lands held in trust by the United States for any Indian Tribe 
or individual subject to restrictions by the United States against 
alienation;
    (3) Fee lands, either within or outside the reservation boundaries, 
owned by the tribal government; and
    (4) Fee lands within the reservation boundaries owned by individual 
Indians.
    (iv) Map of Unit 11, Yakima River follows:
BILLING CODE 4310-55-S

[[Page 64006]]

[GRAPHIC] [TIFF OMITTED] TR18OC10.012

BILLING CODE 4310-55-C
(19) Unit 12: John Day River Basin
    (i) This unit consists of 1,089.6 km (677.0 mi) of streams. The 
unit is located in northcentral Oregon.
    (ii) Individual waterbodies in the unit are bounded by the 
following coordinates:

[[Page 64007]]



----------------------------------------------------------------------------------------------------------------
                                                                 Stream       Stream
                                                              Begin Point  Begin Point   Stream End   Stream End
                       Waterbody Name                           or Lake      or Lake       Point        Point
                                                                 Center       Center      Latitude    Longitude
                                                                Latitude    Longitude
----------------------------------------------------------------------------------------------------------------
Baldy Creek.................................................       44.850     -118.305       44.910     -118.318
Big Creek...................................................       44.976     -118.651       44.960     -118.683
Big Creek...................................................       44.765     -118.686       44.766     -118.874
Boulder Creek...............................................       44.840     -118.333       44.819     -118.415
Boundary Creek..............................................       44.811     -118.343       44.787     -118.375
Bull Run Creek..............................................       44.768     -118.291       44.808     -118.425
Butte Creek.................................................       44.585     -118.644       44.642     -118.652
Call Creek..................................................       44.286     -118.507       44.320     -118.557
Clear Creek.................................................       44.749     -118.546       44.821     -118.450
Clear Creek.................................................       44.447     -118.431       44.593     -118.508
Crane Creek.................................................       44.868     -118.330       44.894     -118.478
Crawfish Creek..............................................       44.931     -118.234       44.915     -118.298
Cunningham Creek............................................       44.911     -118.267       44.920     -118.235
Deadwood Creek..............................................       44.750     -118.719       44.768     -118.793
Deardorff Creek.............................................       44.383     -118.423       44.395     -118.577
Deep Creek..................................................       44.815     -118.306       44.780     -118.348
Desolation Creek............................................       44.820     -118.689       44.998     -118.936
Dry Creek...................................................       44.729     -118.531       44.750     -118.500
Granite Boulder Creek.......................................       44.726     -118.611       44.647     -118.665
Granite Creek...............................................       44.857     -118.343       44.866     -118.562
Indian Creek................................................       44.295     -118.736       44.443     -118.800
John Day River..............................................       44.250     -118.527       45.737     -120.652
Lightning Creek.............................................       44.718     -118.494       44.765     -118.497
Middle Fork John Day River..................................       44.593     -118.508       44.917     -119.301
North Fork John Day River...................................       44.866     -118.239       44.755     -119.639
North Reynolds Creek........................................       44.430     -118.425       44.423     -118.517
Onion Creek.................................................       44.889     -118.339       44.913     -118.401
Rail Creek..................................................       44.297     -118.490       44.349     -118.575
Reynolds Creek..............................................       44.405     -118.440       44.414     -118.596
Roberts Creek...............................................       44.276     -118.575       44.348     -118.575
Salmon Creek................................................       44.717     -118.542       44.725     -118.503
South Fork Desolation Creek.................................       44.719     -118.623       44.820     -118.689
South Trail Creek...........................................       44.953     -118.274       44.937     -118.390
Trail Creek.................................................       44.937     -118.390       44.915     -118.406
Vinegar Creek...............................................       44.707     -118.550       44.601     -118.536
West Fork Clear Creek.......................................       44.733     -118.584       44.749     -118.546
West Fork Meadow Brook......................................       44.969     -118.966       44.997     -118.945
Winom Creek.................................................       45.050     -118.611       44.976     -118.671
----------------------------------------------------------------------------------------------------------------

    (iii) Waterbodies associated with the following tribal lands 
totaling 28.5 km (17.7 mi) of streams have been excluded from critical 
habitat designation under section 4(b)(2) of the Act in this unit. 
These are waterbodies within the areas under management by the 
Confederated Tribes of the Warm Springs Reservation, within reservation 
boundaries, and waterbodies that are adjacent to:
    (A) Lands held in trust by the United States for their benefit;
    (B) Lands held in trust by the United States for any Indian Tribe 
or individual subject to restrictions by the United States against 
alienation;
    (C) Fee lands, either within or outside the reservation boundaries, 
owned by the tribal government; and
    (D) Fee lands within the reservation boundaries owned by individual 
Indians.
    (iv) Map of Unit 12, John Day River Basin follows:
BILLING CODE 4310-55-S

[[Page 64008]]

[GRAPHIC] [TIFF OMITTED] TR18OC10.013

BILLING CODE 4310-55-C
(20) Unit 13: Umatilla River Basin
    (i) This unit consists of 163.0 km (101.3 mi) of streams. The unit 
is located in northeastern Oregon.
    (ii) Individual waterbodies in the unit are bounded by the 
following coordinates:

[[Page 64009]]



----------------------------------------------------------------------------------------------------------------
                                                                 Stream       Stream
                                                              Begin Point  Begin Point   Stream End   Stream End
                       Waterbody Name                           or Lake      or Lake       Point        Point
                                                                 Center       Center      Latitude    Longitude
                                                                Latitude    Longitude
----------------------------------------------------------------------------------------------------------------
Coyote Creek................................................       45.745     -118.137       45.732     -118.139
Meacham Creek...............................................       45.486     -118.275       45.702     -118.360
North Fork Meacham Creek....................................       45.584     -118.164       45.527     -118.291
North Fork Umatilla River...................................       45.705     -118.034       45.726     -118.189
Pot Creek...................................................       45.523     -118.163       45.554     -118.201
Ryan Creek..................................................       45.694     -118.309       45.723     -118.315
Umatilla River..............................................       45.726     -118.189       45.923     -119.357
Woodward Creek..............................................       45.750     -118.076       45.736     -118.080
----------------------------------------------------------------------------------------------------------------

    (iii) Waterbodies associated with the following tribal lands 
totaling 48.7 km (30.3 mi) of streams have been excluded from critical 
habitat designation under section 4(b)(2) of the Act in this unit. 
These are waterbodies within the areas under management by the 
Confederated Tribes of the Umatilla, and waterbodies that are adjacent 
to:
    (A) Lands held in trust by the United States for their benefit;
    (B) Lands held in trust by the United States for any Indian Tribe 
or individual subject to restrictions by the United States against 
alienation;
    (C) Fee lands, either within or outside the reservation boundaries, 
owned by the tribal government; and
    (D) Fee lands within the reservation boundaries owned by individual 
Indians.
    (iv) Map of Unit 13, Umatilla River Basin follows:
BILLING CODE 4310-55-S

[[Page 64010]]

[GRAPHIC] [TIFF OMITTED] TR18OC10.014

BILLING CODE 4310-55-C
(21) Unit 14: Walla Walla River Basin
    (i) This unit consists of 383.7 km (238.4 mi) of streams. The unit 
is located in southwestern Washington and northeastern Oregon.
    (ii) Individual waterbodies in the unit are bounded by the 
following coordinates:

[[Page 64011]]



----------------------------------------------------------------------------------------------------------------
                                                                 Stream       Stream
                                                              Begin Point  Begin Point   Stream End   Stream End
                       Waterbody Name                           or Lake      or Lake       Point        Point
                                                                 Center       Center      Latitude    Longitude
                                                                Latitude    Longitude
----------------------------------------------------------------------------------------------------------------
Blue Creek..................................................       46.061     -118.155       46.063     -118.108
Bull Creek..................................................       46.027     -117.939       46.028     -117.948
Burnt Fork..................................................       46.087     -117.942       46.105     -117.986
Burnt Fork Creek............................................       46.040     -117.946       46.032     -117.953
Corral Creek................................................       46.093     -117.847       46.090     -117.844
Couse Creek.................................................       45.910     -118.371       45.848     -118.327
Deadman Creek...............................................       46.032     -117.956       46.049     -117.951
Green Fly Canyon............................................       46.142     -117.876       46.142     -117.872
Green Fork Creek............................................       46.033     -117.940       46.029     -117.949
Griffin Fork................................................       46.117     -117.965       46.121     -117.975
Henry Canyon................................................       45.988     -118.091       45.931     -118.078
Husky Spring Creek..........................................       45.889     -117.952       45.884     -117.978
Lewis Creek.................................................       46.156     -117.772       46.191     -117.825
Low Creek...................................................       45.973     -118.010       45.993     -118.036
Mill Creek..................................................       46.021     -117.945       46.039     -118.479
North Fork Mill Creek.......................................       46.035     -117.994       46.021     -117.997
North Fork Touchet River....................................       46.093     -117.865       46.301     -117.960
North Fork Walla Walla River................................       45.889     -118.087       45.898     -118.308
Paradise Creek..............................................       46.000     -117.991       46.004     -118.018
Reser Creek.................................................       45.887     -118.001       45.876     -117.986
Skiphorton Creek............................................       45.874     -118.027       45.852     -118.025
South Fork Touchet River....................................       46.105     -117.986       46.301     -117.960
South Fork Walla Walla River................................       45.938     -117.969       45.898     -118.308
Spangler Creek..............................................       46.099     -117.803       46.149     -117.807
Touchet River...............................................       46.301     -117.960       46.034     -118.683
Walla Walla River...........................................       45.898     -118.308       46.062     -118.940
Wolf Fork Touchet River.....................................       46.075     -117.904       46.274     -117.896
Yellowhawk Creek............................................       46.076     -118.273       46.017     -118.401
----------------------------------------------------------------------------------------------------------------

    (iii) Waterbodies associated with the following tribal lands or 
habitat conservation plans (HCPs) totaling 69.0 km (42.0 mi) of streams 
have been excluded from critical habitat designation under section 
4(b)(2) of the Act in this unit:
    (A) Waterbodies within the geographic area covered by the 
Washington State Forest Practices Habitat Conservation Plan (HCP) , 
including portions of Touchet River and Walla Walla River CHSUs; and
    (B) Waterbodies within the areas under management by the 
Confederated Tribes of the Umatilla, including portions of the Touchet 
River CHSU, within reservation boundaries, and waterbodies that are 
adjacent to:
    (1) Lands held in trust by the United States for their benefit;
    (2) Lands held in trust by the United States for any Indian Tribe 
or individual subject to restrictions by the United States against 
alienation;
    (3) Fee lands, either within or outside the reservation boundaries, 
owned by the tribal government; and
    (4) Fee lands within the reservation boundaries owned by individual 
Indians.
    (iv) Map of Unit 14, Walla Walla River Basin follows:
BILLING CODE 4310-55-S

[[Page 64012]]

[GRAPHIC] [TIFF OMITTED] TR18OC10.015

BILLING CODE 4310-55-C
(22) Unit 15: Lower Snake River Basins
    (i) This unit consists of 270.8 km (168.3 mi) of streams. The unit 
is located in southeastern Washington.
    (ii) Individual waterbodies in the unit are bounded by the 
following coordinates:

[[Page 64013]]



----------------------------------------------------------------------------------------------------------------
                                                                 Stream       Stream
                                                              Begin Point  Begin Point   Stream End   Stream End
                       Waterbody Name                           or Lake      or Lake       Point        Point
                                                                 Center       Center      Latitude    Longitude
                                                                Latitude    Longitude
----------------------------------------------------------------------------------------------------------------
Asotin Creek................................................       46.345     -117.054       46.272     -117.292
Bear Creek..................................................       46.168     -117.560       46.122     -117.546
Charley Creek...............................................       46.289     -117.279       46.279     -117.414
Cold Creek..................................................       46.191     -117.631       46.178     -117.647
Cougar Creek................................................       46.205     -117.509       46.180     -117.519
Cummings Creek..............................................       46.333     -117.675       46.234     -117.594
George Creek................................................       46.326     -117.106       46.117     -117.361
Hixon Creek.................................................       46.246     -117.684       46.239     -117.690
Little Tucannon River.......................................       46.228     -117.722       46.218     -117.759
Little Turkey Creek.........................................       46.155     -117.737       46.116     -117.750
Meadow Creek................................................       46.176     -117.719       46.102     -117.786
North Fork Asotin Creek.....................................       46.272     -117.292       46.196     -117.569
Panjab Creek................................................       46.205     -117.706       46.115     -117.683
Sheep Creek.................................................       46.188     -117.625       46.195     -117.624
South Fork Asotin Creek.....................................       46.272     -117.292       46.145     -117.431
Tucannon River..............................................       46.557     -118.175       46.139     -117.521
Turkey Creek................................................       46.161     -117.703       46.113     -117.739
----------------------------------------------------------------------------------------------------------------

    (iii) Waterbodies associated with the following habitat 
conservation plans (HCPs) totaling 13.4 km (8.3 mi) of streams have 
been excluded from critical habitat designation under section 4(b)(2) 
of the Act in this unit. These are waterbodies within the geographic 
area covered by the Washington State Forest Practices Habitat 
Conservation Plan (HCP), including portions of Asotin Creek and 
Tucannon River CHSUs.
    (iv) Map of Unit 15, Lower Snake River Basins follows:
BILLING CODE 4310-55-S

[[Page 64014]]

[GRAPHIC] [TIFF OMITTED] TR18OC10.016

BILLING CODE 4310-55-C
(23) Unit 16: Grande Ronde River Basin
    (i) This unit consists of 1,057.9 km (657.4 mi) of streams and 
605.2 ha (1,495.5 ac) of lakes and reservoirs. The unit is located in 
northeastern Oregon and southwestern Washington.
    (ii) Individual waterbodies in the unit are bounded by the 
following coordinates:

[[Page 64015]]



----------------------------------------------------------------------------------------------------------------
                                                                 Stream       Stream
                                                              Begin Point  Begin Point   Stream End   Stream End
                       Waterbody Name                           or Lake      or Lake       Point        Point
                                                                 Center       Center      Latitude    Longitude
                                                                Latitude    Longitude
----------------------------------------------------------------------------------------------------------------
Bear Creek..................................................       45.322     -117.481       45.584     -117.541
Beaver Creek................................................       45.968     -117.808       45.955     -117.786
Boulder Creek...............................................       45.310     -117.625       45.312     -117.633
Butte Creek.................................................       46.064     -117.723       45.982     -117.679
Camp Creek..................................................       45.387     -117.745       45.387     -117.758
Catherine Creek.............................................       45.120     -117.647       45.408     -117.931
Chicken Creek...............................................       45.024     -118.386       45.095     -118.395
Clear Creek.................................................       44.976     -118.327       45.063     -118.310
Collins Creek...............................................       45.097     -117.514       45.105     -117.543
Crooked Creek...............................................       46.046     -117.625       45.977     -117.552
Deer Creek..................................................       45.423     -117.588       45.620     -117.700
Dobbin Creek................................................       45.221     -117.640       45.259     -117.654
East Fork Butte Creek.......................................       46.064     -117.723       46.074     -117.710
East Fork Elk Creek.........................................       45.161     -117.469       45.166     -117.470
East Fork Indian Creek......................................       45.353     -117.725       45.368     -117.749
East Fork Wallowa River.....................................       45.265     -117.210       45.274     -117.212
East Sheep Creek............................................       45.003     -118.435       45.026     -118.475
Elk Creek...................................................       45.160     -117.476       45.178     -117.460
Fiddlers Hell Creek.........................................       45.431     -118.144       45.428     -118.160
First Creek.................................................       46.043     -117.547       46.035     -117.571
Five Points Creek...........................................       45.481     -118.144       45.346     -118.222
Fly Creek...................................................       45.121     -118.466       45.210     -118.395
Goat Creek..................................................       45.413     -117.518       45.418     -117.538
Grande Ronde River..........................................       44.967     -118.255       46.080     -116.979
Hurricane Creek.............................................       45.274     -117.312       45.420     -117.302
Indian Creek................................................       45.337     -117.722       45.534     -117.920
Indiana Creek...............................................       45.000     -118.362       45.024     -118.386
Lake Creek..................................................       45.331     -117.398       45.332     -117.410
Limber Jim Creek............................................       45.085     -118.230       45.089     -118.344
Little Bear Creek...........................................       45.428     -117.480       45.485     -117.555
Little Fly Creek............................................       45.109     -118.476       45.121     -118.466
Little Lookingglass Creek...................................       45.817     -117.902       45.750     -117.875
Little Minam River..........................................       45.246     -117.600       45.401     -117.672
Lookingglass Creek..........................................       45.779     -118.079       45.707     -117.842
Lookout Creek...............................................       45.078     -118.541       45.109     -118.476
Lostine River...............................................       45.245     -117.375       45.552     -117.490
Marion Creek................................................       45.097     -118.229       45.105     -118.267
Menatchee Creek.............................................       46.110     -117.439       46.007     -117.365
Middle Fork Catherine Creek.................................       45.154     -117.565       45.152     -117.617
Middle Fork Five Points Creek...............................       45.492     -118.116       45.481     -118.144
Milk Creek..................................................       45.948     -117.913       45.913     -117.883
Minam River.................................................       45.147     -117.372       45.621     -117.721
Mt Emily Creek..............................................       45.465     -118.125       45.473     -118.147
North Fork Catherine Creek..................................       45.225     -117.605       45.120     -117.647
North Fork Indian Creek.....................................       45.402     -117.769       45.433     -117.820
North Fork Wenaha River.....................................       46.066     -117.878       46.066     -117.878
North Minam River...........................................       45.276     -117.512       45.273     -117.537
Pole Creek..................................................       45.131     -117.531       45.107     -117.560
Sage Creek..................................................       45.481     -117.594       45.500     -117.607
Sand Pass Creek.............................................       45.120     -117.526       45.108     -117.552
Sheep Creek.................................................       45.019     -118.485       45.105     -118.382
Silver Creek................................................       45.394     -117.422       45.396     -117.428
South Fork Catherine Creek..................................       45.110     -117.533       45.120     -117.647
South Fork Wenaha River.....................................       45.890     -117.906       45.951     -117.795
Summer Creek................................................       45.771     -117.983       45.766     -117.983
Third Creek.................................................       46.089     -117.628       46.046     -117.625
Tie Creek...................................................       45.421     -118.149       45.423     -118.159
Trout Creek.................................................       46.089     -117.628       46.116     -117.641
Unnamed - Off Clear Creek...................................       44.977     -118.314       45.013     -118.330
Wallowa Lake................................................       45.310     -117.210               ...........
Wallowa River...............................................       45.274     -117.212       45.726     -117.785
Wenaha River................................................       45.951     -117.795       45.945     -117.451
West Fork Butte Creek.......................................       46.063     -117.772       46.063     -117.723
West Fork Wallowa River.....................................       45.267     -117.216       45.274     -117.212
----------------------------------------------------------------------------------------------------------------

    (iii) Waterbodies associated with the following habitat 
conservation plans (HCPs) totaling 1.0 km (0.6 mi) of streams have been 
excluded from critical habitat designation under section 4(b)(2) of the 
Act in this unit. These are waterbodies within the geographic area 
covered by the Washington State Forest Practices

[[Page 64016]]

Habitat Conservation Plan (HCP), including portions of the Grand Ronde 
River CHSU.
    (iv) Map of Unit 16, Grand Ronde River Basin follows:
BILLING CODE 4310-55-S
[GRAPHIC] [TIFF OMITTED] TR18OC10.017


[[Page 64017]]


BILLING CODE 4310-55-C
(24) Unit 17: Imnaha River Basin
    (i) This unit consists of 285.7 km (177.5 mi) of streams. The unit 
is located in northeastern Oregon.
    (ii) Individual waterbodies in the unit are bounded by the 
following coordinates:

----------------------------------------------------------------------------------------------------------------
                                                                 Stream       Stream
                                                              Begin Point  Begin Point   Stream End   Stream End
                       Waterbody Name                           or Lake      or Lake       Point        Point
                                                                 Center       Center      Latitude    Longitude
                                                                Latitude    Longitude
----------------------------------------------------------------------------------------------------------------
Bear Creek..................................................       45.100     -117.173       45.104     -117.172
Big Sheep Creek.............................................       45.178     -117.120       45.557     -116.835
Blue Creek..................................................       45.097     -117.194       45.101     -117.195
Cabin Creek.................................................       45.229     -117.090       45.232     -117.089
Cliff Creek.................................................       45.063     -117.269       45.102     -117.215
Imnaha River................................................       45.113     -117.126       45.817     -116.765
Lick Creek..................................................       45.147     -117.124       45.198     -117.025
Little Sheep Creek..........................................       45.232     -117.094       45.520     -116.860
McCully Creek...............................................       45.211     -117.141       45.293     -117.116
Middle Fork Big Sheep Creek.................................       45.181     -117.158       45.178     -117.120
Middle Fork Imnaha River....................................       45.139     -117.167       45.133     -117.152
North Fork Imnaha River.....................................       45.171     -117.201       45.113     -117.126
Redmont Creek...............................................       45.245     -117.104       45.256     -117.089
Salt Creek..................................................       45.202     -117.083       45.188     -117.044
Soldier Creek...............................................       45.107     -117.155       45.109     -117.152
South Fork Imnaha River.....................................       45.111     -117.231       45.113     -117.126
Unnamed - Off Lick Creek....................................       45.141     -117.065       45.133     -117.057
----------------------------------------------------------------------------------------------------------------

    (iii) No waterbodies are excluded from critical habitat designation 
in this unit.
    (iv) Map of Unit 17, Imnaha River Basin follows:
BILLING CODE 4310-55-S

[[Page 64018]]

[GRAPHIC] [TIFF OMITTED] TR18OC10.018

BILLING CODE 4310-55-C
(25) Unit 18: Sheep / Granite Creeks
    (i) This unit consists of 47.9 km (29.7 mi) of streams. The unit is 
located in west-central Idaho.
    (ii) Individual waterbodies in the unit are bounded by the 
following coordinates:

[[Page 64019]]



----------------------------------------------------------------------------------------------------------------
                                                                 Stream       Stream
                                                              Begin Point  Begin Point   Stream End   Stream End
                       Waterbody Name                           or Lake      or Lake       Point        Point
                                                                 Center       Center      Latitude    Longitude
                                                                Latitude    Longitude
----------------------------------------------------------------------------------------------------------------
Clarks Fork.................................................       45.458     -116.533       45.471     -116.447
Granite Creek...............................................       45.192     -116.580       45.349     -116.655
Sheep Creek.................................................       45.405     -116.524       45.468     -116.555
----------------------------------------------------------------------------------------------------------------

    (iii) No waterbodies are excluded from critical habitat designation 
in this unit.
    (iv) Map of Unit 18, Sheep/Granite Creeks follows:
BILLING CODE 4310-55-S

[[Page 64020]]

[GRAPHIC] [TIFF OMITTED] TR18OC10.019

BILLING CODE 4310-55-C
(26) Unit 19: Hell's Canyon Complex
    (i) This unit consists of 377.5 km (234.6 mi) of streams. The unit 
is located in northeastern Oregon and west-central Idaho.
    (ii) Individual waterbodies in the unit are bounded by the 
following coordinates:

[[Page 64021]]



----------------------------------------------------------------------------------------------------------------
                                                                 Stream       Stream
                                                              Begin Point  Begin Point   Stream End   Stream End
                       Waterbody Name                           or Lake      or Lake       Point        Point
                                                                 Center       Center      Latitude    Longitude
                                                                Latitude    Longitude
----------------------------------------------------------------------------------------------------------------
Aspen Creek.................................................       45.057     -117.012       45.049     -117.038
Bear Creek..................................................       44.959     -116.725       45.136     -116.525
Big Elk Creek...............................................       45.063     -117.024       45.061     -117.065
Cabin Creek.................................................       45.061     -117.021       45.077     -117.025
Camp Creek..................................................       45.132     -116.623       45.157     -116.621
Clear Creek.................................................       44.866     -117.030       45.043     -117.144
Crooked River...............................................       44.959     -116.725       44.817     -116.743
Duck Creek..................................................       45.069     -116.906       45.091     -117.004
East Fork Of East Pine Creek................................       45.021     -117.107       45.042     -117.104
East Fork Pine Creek........................................       45.022     -117.201       45.071     -117.177
East Pine Creek.............................................       44.872     -117.021       45.046     -117.120
Elk Creek...................................................       45.009     -116.910       45.074     -117.046
Fall Creek..................................................       44.970     -116.949       45.012     -116.986
Fish Creek..................................................       44.908     -116.953       45.036     -117.082
Indian Creek................................................       44.984     -116.829       45.150     -116.591
Lake Fork...................................................       45.020     -116.942       45.067     -117.105
Little Elk Creek............................................       44.954     -116.962       45.009     -117.029
Meadow Creek................................................       44.990     -117.143       45.017     -117.172
Mickey Creek................................................       45.109     -116.565       45.109     -116.535
Middle Fork Pine Creek......................................       45.039     -117.216       45.057     -117.238
North Pine Creek............................................       44.910     -116.949       45.079     -116.898
Okanogan Creek..............................................       44.987     -117.065       45.017     -117.063
Pine Creek..................................................       44.973     -116.854       45.039     -117.216
Trail Creek.................................................       44.991     -117.143       45.046     -117.163
Trinity Creek...............................................       44.988     -117.072       45.026     -117.084
Unnamed - Off East Pine Creek...............................       44.993     -117.102       45.006     -117.122
Unnamed - trib To Bear Creek................................       45.124     -116.545       45.137     -116.536
Unnamed - Trib To Bear Creek................................       45.124     -116.554       45.136     -116.569
Wesley Creek................................................       45.112     -116.562       45.116     -116.527
West Fork Pine Creek........................................       45.039     -117.216       45.025     -117.247
Wildhorse River.............................................       44.851     -116.897       44.959     -116.725
----------------------------------------------------------------------------------------------------------------

    (iii) No waterbodies are excluded from critical habitat designation 
in this unit.
    (iv) Map of Unit 19, Hell's Canyon Complex follows:
BILLING CODE 4310-55-S

[[Page 64022]]

[GRAPHIC] [TIFF OMITTED] TR18OC10.020

BILLING CODE 4310-55-C
(27) Unit 20: Powder River Basin
    (i) This unit consists of 296.5 km (184.2 mi) of streams and 897.0 
ha (2,216.5 ac) of lakes and reservoirs. The unit is located in 
northeastern Oregon.
    (ii) Individual waterbodies in the unit are bounded by the 
following coordinates:

[[Page 64023]]



----------------------------------------------------------------------------------------------------------------
                                                                 Stream       Stream
                                                              Begin Point  Begin Point   Stream End   Stream End
                       Waterbody Name                           or Lake      or Lake       Point        Point
                                                                 Center       Center      Latitude    Longitude
                                                                Latitude    Longitude
----------------------------------------------------------------------------------------------------------------
Anthony Creek...............................................       45.013     -118.060       44.953     -118.221
Cracker Creek...............................................       44.741     -118.206       44.846     -118.205
Deer Creek..................................................       44.684     -118.060       44.749     -118.108
Eagle Creek.................................................       44.746     -117.170       45.132     -117.339
East Fork Eagle Creek.......................................       44.983     -117.371       45.170     -117.325
Fruit Creek.................................................       44.809     -118.212       44.858     -118.248
Indian Creek................................................       45.019     -118.155       44.975     -118.205
Lake Creek..................................................       44.749     -118.108       44.810     -118.092
Little Cracker Creek........................................       44.826     -118.197       44.840     -118.167
North Fork Anthony Creek....................................       45.045     -118.131       45.042     -118.232
North Powder River..........................................       44.878     -118.204       45.038     -117.896
Phillips Reservoir..........................................       44.681     -118.052               ...........
Powder River (Lower)........................................       44.743     -117.047       44.746     -117.170
Powder River (Middle).......................................       45.044     -117.894       45.038     -117.896
Powder River (Upper)........................................       44.684     -118.060       44.741     -118.206
Silver Creek................................................       44.809     -118.208       44.857     -118.292
West Eagle Creek............................................       45.019     -117.454       45.121     -117.437
Wolf Creek..................................................       45.044     -117.894       45.067     -118.194
----------------------------------------------------------------------------------------------------------------

    (iii) No waterbodies are excluded from critical habitat designation 
in this unit.
    (iv) Map of Unit 20, Powder River Basin follows:
BILLING CODE 4310-55-S

[[Page 64024]]

[GRAPHIC] [TIFF OMITTED] TR18OC10.021

BILLING CODE 4310-55-C
(28) Unit 21: Clearwater River
    (i) This unit consists of 2,702.1 km (1,679.0 mi) of streams and 
6,721.9 ha (16,610.1 ac) of lakes and reservoirs. The unit is located 
in northcentral Idaho.
    (ii) Individual waterbodies in the unit are bounded by the 
following coordinates:

[[Page 64025]]



----------------------------------------------------------------------------------------------------------------
                                                                 Stream       Stream
                                                              Begin Point  Begin Point   Stream End   Stream End
                       Waterbody Name                           or Lake      or Lake       Point        Point
                                                                 Center       Center      Latitude    Longitude
                                                                Latitude    Longitude
----------------------------------------------------------------------------------------------------------------
Adair Creek.................................................       47.097     -115.853       47.083     -115.806
American River..............................................       45.808     -115.475       45.945     -115.450
Baldy Creek.................................................       45.908     -115.630       45.961     -115.721
Baston Creek................................................       45.760     -115.235       45.731     -115.223
Bear Creek..................................................       46.019     -114.845       46.108     -114.509
Bear Creek..................................................       46.711     -114.963       46.750     -114.922
Bear Creek..................................................       45.863     -115.618       45.878     -115.595
Beaver Creek................................................       46.506     -114.627       46.553     -114.504
Beaver Creek................................................       46.842     -115.621       46.758     -115.678
Beaver Creek................................................       45.896     -115.631       45.943     -115.569
Big Flat Creek..............................................       46.402     -114.494       46.313     -114.441
Bill Creek..................................................       46.631     -115.271       46.637     -115.187
Bostonian Creek.............................................       46.962     -115.114       46.996     -115.137
Boulder Creek...............................................       46.615     -114.671       46.678     -114.749
Boundary Creek..............................................       46.972     -115.108       46.981     -115.077
Breakfast Creek.............................................       46.883     -115.940       46.875     -115.995
Bridge Creek................................................       45.779     -115.210       45.814     -115.164
Brushy Fork.................................................       46.578     -114.612       46.616     -114.455
Brushy Fork Creek...........................................       46.002     -114.699       45.988     -114.583
Buck Creek..................................................       47.021     -115.555       47.049     -115.543
Burnt Knob Creek............................................       45.715     -114.899       45.697     -114.946
Burnt Strip Creek...........................................       45.826     -114.618       45.817     -114.626
Butte Creek (North Fork Clearwater).........................       47.045     -115.720       47.031     -115.751
Canyon Creek................................................       45.888     -114.614       45.882     -114.409
Canyon Creek................................................       47.000     -115.651       47.017     -115.499
Cayuse Creek................................................       45.705     -114.615       45.740     -114.608
Cayuse Creek................................................       46.712     -115.021       46.612     -114.793
Cedar Creek.................................................       46.249     -114.709       46.330     -114.706
Chamberlain Creek...........................................       46.929     -115.143       46.924     -115.171
Clearwater River............................................       46.428     -117.040       46.146     -115.981
Collins Creek...............................................       46.862     -115.434       46.982     -115.453
Colt Creek..................................................       46.433     -114.540       46.419     -114.636
Colt Killed Creek...........................................       46.508     -114.682       46.428     -114.415
Cooperation Creek...........................................       46.452     -114.870       46.440     -114.817
Corral Creek................................................       46.483     -115.241       46.534     -115.207
Crooked Fork................................................       46.508     -114.682       46.704     -114.709
Crooked River...............................................       45.824     -115.530       45.695     -115.549
Cub Creek...................................................       46.034     -114.757       46.031     -114.618
Dawson Creek................................................       45.730     -115.391       45.743     -115.426
Deep Creek..................................................       45.707     -114.719       45.708     -114.516
Ditch Creek.................................................       45.747     -115.298       45.794     -115.293
Doe Creek...................................................       46.499     -114.863       46.554     -114.921
Dworshak Reservoir..........................................       46.660     -116.120               ...........
Eagle Creek.................................................       45.908     -114.854       45.794     -114.891
East Fork American River....................................       45.864     -115.425       45.919     -115.363
East Fork Crooked River.....................................       45.695     -115.549       45.656     -115.564
East Fork Fishing Creek.....................................       46.556     -114.855       46.561     -114.837
East Fork Legendary Bear Creek..............................       46.562     -114.736       46.535     -114.766
East Fork Meadow Creek......................................       45.880     -115.104       45.829     -115.028
East Fork Moose Creek.......................................       46.165     -114.898       46.270     -114.680
East Fork O'Hara Creek......................................       45.998     -115.524       45.939     -115.541
Elk Creek...................................................       45.818     -115.459       45.841     -115.435
Fish Creek..................................................       46.333     -115.346       46.373     -115.597
Fish Lake...................................................       46.817     -114.912               ...........
Fish Lake (Lochsa)..........................................       46.333     -115.052               ...........
Fish Lake Creek.............................................       46.331     -115.057       46.407     -115.001
Fishing Creek...............................................       46.492     -114.858       46.571     -114.860
Flat Creek..................................................       45.722     -114.858       45.651     -114.848
Flint Creek.................................................       45.891     -115.428       45.913     -115.424
Floodwood Creek.............................................       46.888     -115.954       46.974     -115.913
Foehl Creek.................................................       46.970     -115.676       46.990     -115.743
Fourth of July Creek........................................       46.665     -115.377       46.564     -115.260
Fox Creek...................................................       46.605     -114.755       46.630     -114.696
French Creek................................................       45.597     -114.592       45.603     -114.572
Fro Creek...................................................       46.479     -115.222       46.467     -115.209
Frost Creek.................................................       46.918     -115.349       46.926     -115.380
Gabe Creek..................................................       45.697     -114.671       45.710     -114.666
Gedney Creek................................................       46.056     -115.314       46.135     -115.249
Glover Creek................................................       46.916     -116.013       46.980     -116.095
Gold Pan Creek..............................................       45.667     -114.722       45.665     -114.737

[[Page 64026]]

 
Goose Creek.................................................       46.852     -115.013       46.906     -114.953
Gospel Creek................................................       45.703     -115.891       45.677     -115.891
Graves Creek................................................       46.986     -115.101       47.006     -115.079
Hagen Creek.................................................       45.649     -115.818       45.630     -115.809
Haskell Creek...............................................       46.596     -114.604       46.632     -114.583
Hells Half Acre Creek.......................................       45.692     -114.718       45.689     -114.705
Hopeful Creek...............................................       46.671     -114.681       46.724     -114.654
Hungery Creek...............................................       46.356     -115.398       46.400     -115.569
Indian Creek................................................       45.792     -114.765       45.792     -114.575
Indian Grave Creek..........................................       46.452     -115.077       46.490     -115.143
Isabella Creek..............................................       46.849     -115.631       46.913     -115.539
Jack Creek..................................................       45.778     -114.692       45.788     -114.683
Johnagan Creek..............................................       46.510     -115.367       46.543     -115.354
Johnny Creek................................................       46.613     -115.435       46.614     -115.372
Johns Creek.................................................       45.824     -115.890       45.683     -115.755
Jungle Creek................................................       47.076     -115.804       47.110     -115.796
Kelly Creek.................................................       46.716     -115.258       46.730     -114.861
Kid Lake Creek..............................................       46.747     -114.806       46.768     -114.805
Kim Creek...................................................       45.679     -114.720       45.682     -114.734
Kirks Fork American River...................................       45.822     -115.411       45.829     -115.390
Lake Creek..................................................       46.869     -115.079       46.819     -114.905
Lazy Creek..................................................       45.679     -114.546       45.668     -114.555
Legendary Bear Creek........................................       46.511     -114.762       46.535     -114.766
Lick Creek..................................................       45.923     -115.469       45.969     -115.487
Little Clearwater River.....................................       45.754     -114.776       45.738     -114.946
Little Elk Creek............................................       45.841     -115.435       45.868     -115.449
Little Lost Lake Creek......................................       47.089     -115.893       47.073     -115.936
Little Moose Creek..........................................       46.733     -115.078       46.783     -114.906
Little Moose Creek..........................................       45.716     -115.368       45.709     -115.400
Little North Fork Clearwater River..........................       46.887     -115.878       47.101     -115.963
Little Weitas Creek.........................................       46.506     -115.392       46.479     -115.389
Liz Creek...................................................       46.482     -115.290       46.436     -115.306
Lochsa River................................................       46.140     -115.600       46.508     -114.682
Long Creek..................................................       46.872     -115.076       46.950     -115.025
Lost Lake Creek.............................................       47.095     -115.901       47.087     -115.937
Lund Creek..................................................       47.068     -115.884       47.050     -115.913
Lynx Creek..................................................       45.849     -114.938       45.817     -114.952
Magruder Creek..............................................       45.745     -114.761       45.717     -114.780
Marten Creek................................................       46.099     -115.053       45.963     -115.046
Maud Creek..................................................       46.497     -114.515       46.474     -114.411
Meadow Creek................................................       46.910     -115.233       46.905     -115.117
Meadow Creek................................................       46.046     -115.296       45.698     -115.218
Melton Creek................................................       45.725     -115.996       45.724     -115.979
Middle Fork Clearwater River................................       46.146     -115.981       46.140     -115.600
Middle Fork Kelly Creek.....................................       46.730     -114.861       46.747     -114.806
Middle Fork Red River.......................................       45.659     -115.413       45.631     -115.472
Mill Creek..................................................       45.830     -115.932       45.725     -115.996
Mink Creek..................................................       46.601     -114.895       46.628     -114.894
Mist Creek..................................................       45.567     -114.629       45.555     -114.626
Montana Creek...............................................       47.045     -115.701       47.089     -115.676
Moores Creek................................................       45.676     -115.838       45.614     -115.880
Moores Lake Creek...........................................       45.677     -115.891       45.659     -115.870
Moose Butte Creek...........................................       45.710     -115.353       45.692     -115.417
Moose Creek.................................................       46.122     -114.935       46.165     -114.898
Moose Creek.................................................       46.721     -115.087       46.752     -115.185
Mule Creek..................................................       45.925     -115.635       45.932     -115.631
Newsome Creek...............................................       45.828     -115.616       46.004     -115.679
Niagra Gulch................................................       46.967     -115.137       46.973     -115.159
North Fork Clearwater River.................................       46.503     -116.332       46.999     -115.113
North Fork Kelly Creek......................................       46.730     -114.861       46.801     -114.874
North Fork Moose Creek......................................       46.165     -114.898       46.274     -114.924
North Fork Spruce Creek.....................................       46.606     -114.393       46.616     -114.352
O'Hara Creek................................................       46.086     -115.518       45.998     -115.524
Open Creek..................................................       45.676     -115.838       45.683     -115.823
Orogrande Creek.............................................       46.631     -115.507       46.564     -115.623
Osier Creek.................................................       46.744     -115.074       46.837     -115.065
Otterson Creek..............................................       45.776     -115.220       45.820     -115.234
Parachute Creek.............................................       46.528     -114.762       46.530     -114.757
Paradise Creek..............................................       46.022     -114.729       46.039     -114.527
Pete Creek..................................................       45.703     -114.580       45.715     -114.564

[[Page 64027]]

 
Pilot Creek.................................................       45.907     -115.630       45.944     -115.732
Placer Creek................................................       46.938     -115.168       46.959     -115.179
Pollock Creek...............................................       46.780     -115.023       46.780     -114.990
Postoffice Creek............................................       46.466     -114.986       46.529     -114.950
Quartz Creek................................................       46.806     -115.456       46.846     -115.259
Rawhide Creek...............................................       46.898     -115.047       46.938     -115.056
Red Horse Creek.............................................       45.794     -115.401       45.827     -115.327
Red River...................................................       45.808     -115.475       45.803     -115.155
Relief Creek................................................       45.748     -115.520       45.754     -115.498
Rhoda Creek.................................................       46.234     -114.961       46.239     -115.009
Roaring Creek...............................................       46.886     -115.356       46.918     -115.349
Rock Creek..................................................       46.598     -114.609       46.612     -114.620
Rocky Run...................................................       47.069     -115.819       47.035     -115.848
Ruby Creek..................................................       46.733     -115.079       46.745     -115.105
Running Creek...............................................       45.919     -114.832       45.916     -115.033
Rutledge Creek..............................................       47.073     -115.755       47.108     -115.723
Saddle Gulch................................................       45.770     -114.654       45.766     -114.641
Salamander Creek............................................       45.711     -114.866       45.648     -114.879
Sawmill Creek...............................................       45.908     -115.635       45.904     -115.647
Schofield Creek.............................................       45.777     -114.646       45.819     -114.586
Schwar Creek................................................       45.882     -115.117       45.905     -115.109
Selway River................................................       46.140     -115.600       45.500     -114.698
Shoot Creek.................................................       46.606     -114.415       46.580     -114.426
Short Creek.................................................       46.886     -115.058       46.898     -115.014
Shot Creek..................................................       46.639     -115.281       46.666     -115.207
Shotgun Creek...............................................       46.601     -114.665       46.600     -114.738
Siegel Creek................................................       45.773     -115.388       45.787     -115.368
Silver Creek................................................       46.607     -114.831       46.653     -114.814
Silver Creek................................................       45.716     -115.540       45.703     -115.501
Sixmile Creek...............................................       45.764     -115.660       45.763     -115.646
Skull Creek.................................................       46.827     -115.486       46.888     -115.321
Slate Creek.................................................       46.928     -115.009       46.927     -115.019
Slow Gulch Creek............................................       45.694     -114.561       45.679     -114.546
Soda Creek..................................................       45.756     -115.257       45.746     -115.252
South Fork Clearwater River.................................       46.146     -115.981       45.808     -115.475
South Fork Kelly Creek......................................       46.712     -114.863       46.707     -114.818
South Fork Red River........................................       45.711     -115.345       45.623     -115.480
South Fork Running Creek....................................       45.845     -114.945       45.823     -114.966
South Fork Spruce Creek.....................................       46.606     -114.393       46.565     -114.353
South Fork Surprise Creek...................................       45.527     -114.680       45.503     -114.655
Spring Creek................................................       46.546     -114.886       46.552     -114.903
Spruce Creek................................................       46.616     -114.455       46.606     -114.393
Stoney Creek................................................       46.884     -115.970       46.915     -116.033
Storm Creek.................................................       46.463     -114.549       46.541     -114.403
Storm Creek.................................................       45.578     -114.641       45.611     -114.591
Stripe Creek................................................       45.523     -114.704       45.513     -114.736
Sugar Creek.................................................       46.771     -115.035       46.820     -115.006
Surprise Creek..............................................       45.521     -114.702       45.532     -114.667
Swamp Creek.................................................       46.745     -115.068       46.799     -115.002
Swet Creek..................................................       45.580     -114.720       45.537     -114.795
Taylor Creek................................................       45.659     -115.783       45.637     -115.774
Tenmile Creek...............................................       45.806     -115.684       45.639     -115.713
Three Lakes Creek...........................................       45.623     -114.709       45.618     -114.724
Tom Creek...................................................       45.862     -114.987       45.912     -114.985
Trapper Creek...............................................       45.674     -115.345       45.705     -115.248
Twin Creek..................................................       46.582     -114.528       46.570     -114.475
Twin Lakes Creek............................................       45.664     -115.828       45.649     -115.818
Unnamed - Off Hopeful Creek.................................       46.708     -114.625       46.699     -114.669
Unnamed - Off Long Creek....................................       46.947     -115.036       46.939     -115.024
Unnamed - Off West Fork Crooked River.......................       45.695     -115.574       45.690     -115.563
Unnamed 1 - Off Pilot Creek.................................       45.923     -115.688       45.930     -115.677
Unnamed 2 - Off Pilot Creek.................................       45.938     -115.717       45.927     -115.723
Vance Creek.................................................       45.703     -114.580       45.683     -114.593
Vanderbilt Gulch............................................       46.916     -115.120       46.940     -115.191
W.Fk. American River........................................       45.913     -115.466       45.935     -115.545
W.Fk. Fishing Creek.........................................       46.537     -114.868       46.567     -114.885
W.Fk. Gedney Creek..........................................       46.094     -115.294       46.110     -115.295
W.Fk. O'Hara Creek..........................................       45.998     -115.524       45.949     -115.570
Walton Creek................................................       46.508     -114.682       46.472     -114.681
Warm Springs Creek..........................................       46.473     -114.888       46.430     -114.864

[[Page 64028]]

 
Weasel Creek................................................       46.601     -114.905       46.623     -114.906
Weir Creek..................................................       46.457     -115.035       46.534     -115.018
Weitas Creek................................................       46.636     -115.434       46.508     -115.174
West Fork Crooked River.....................................       45.695     -115.549       45.666     -115.597
West Fork Floodwood Creek...................................       46.957     -115.928       46.973     -115.964
West Fork Legendary Bear Creek..............................       46.535     -114.766       46.580     -114.752
West Fork Newsome Creek.....................................       45.865     -115.618       45.892     -115.695
West Fork Red River.........................................       45.653     -115.402       45.667     -115.453
White Cap Creek.............................................       45.860     -114.745       45.919     -114.431
Wilkerson Creek.............................................       45.612     -114.707       45.563     -114.615
Williams Creek..............................................       45.731     -115.656       45.667     -115.658
Williams Lake Creek.........................................       46.644     -114.717       46.647     -114.768
Windy Creek.................................................       46.494     -115.328       46.570     -115.236
Wiseboy Creek...............................................       45.642     -115.712       45.637     -115.704
Wounded Doe Creek...........................................       46.239     -115.009       46.300     -115.080
----------------------------------------------------------------------------------------------------------------

    (iii) No waterbodies are excluded from critical habitat designation 
in this unit.
    (iv) Map of Unit 21, Clearwater River follows:
BILLING CODE 4310-55-S

[[Page 64029]]

[GRAPHIC] [TIFF OMITTED] TR18OC10.022

BILLING CODE 4310-55-C
(29) Unit 22: Mainstem Upper Columbia River
    (i) This unit consists of 520.1 km (323.2 mi) of streams. The unit 
is located in central Washington.
    (ii) Individual waterbodies in the unit are bounded by the 
following coordinates:

[[Page 64030]]



----------------------------------------------------------------------------------------------------------------
                                                                 Stream       Stream
                                                              Begin Point  Begin Point   Stream End   Stream End
                       Waterbody Name                           or Lake      or Lake       Point        Point
                                                                 Center       Center      Latitude    Longitude
                                                                Latitude    Longitude
----------------------------------------------------------------------------------------------------------------
Columbia River..............................................       45.715     -120.693       47.997     -119.633
----------------------------------------------------------------------------------------------------------------

    (iii) Waterbodies associated with the following habitat 
conservation plans (HCPs) totaling 2.5 km (1.6 mi) of streams have been 
excluded from critical habitat designation under section 4(b)(2) of the 
Act in this unit. These are waterbodies within the geographic area 
covered by the Washington State Forest Practices Habitat Conservation 
Plan (HCP).
    (iv) Map of Unit 22, Mainstem Upper Columbia River follows:
BILLING CODE 4310-55-S

[[Page 64031]]

[GRAPHIC] [TIFF OMITTED] TR18OC10.023

BILLING CODE 4310-55-C
(30) Unit 23: Mainstem Snake River
    (i) This unit consists of 451.7 km (280.6 mi) of streams. The unit 
is located in southeastern Washington, northeastern Oregon, and west-
central Idaho.
    (ii) Individual waterbodies in the unit are bounded by the 
following coordinates:

[[Page 64032]]



----------------------------------------------------------------------------------------------------------------
                                                                 Stream       Stream
                                                              Begin Point  Begin Point   Stream End   Stream End
                       Waterbody Name                           or Lake      or Lake       Point        Point
                                                                 Center       Center      Latitude    Longitude
                                                                Latitude    Longitude
----------------------------------------------------------------------------------------------------------------
Snake River.................................................       46.188     -119.031       44.836     -116.901
----------------------------------------------------------------------------------------------------------------

    (iii) No waterbodies are excluded from critical habitat designation 
in this unit.
    (iv) Map of Unit 23, Mainstem Snake River follows:
BILLING CODE 4310-55-S

[[Page 64033]]

[GRAPHIC] [TIFF OMITTED] TR18OC10.024

BILLING CODE 4310-55-C
(31) Unit 24: Malheur River Basin
    (i) This unit consists of 272.3 km (169.2 mi) of streams and 715.9 
ha (1,768.9 ac) of lakes and reservoirs. The unit is located in eastern 
Oregon.
    (ii) Individual waterbodies in the unit are bounded by the 
following coordinates:

[[Page 64034]]



----------------------------------------------------------------------------------------------------------------
                                                                 Stream       Stream
                                                              Begin Point  Begin Point   Stream End   Stream End
                       Waterbody Name                           or Lake      or Lake       Point        Point
                                                                 Center       Center      Latitude    Longitude
                                                                Latitude    Longitude
----------------------------------------------------------------------------------------------------------------
Beulah Reservoir............................................       43.931     -118.154               ...........
Big Creek...................................................       44.259     -118.604       44.145     -118.625
Bosonberg Creek.............................................       44.224     -118.553       44.135     -118.619
Corral Basin Creek..........................................       44.236     -118.562       44.214     -118.618
Crane Creek.................................................       44.151     -118.387       44.162     -118.371
Crooked Creek...............................................       44.125     -118.666       44.151     -118.635
Elk Creek...................................................       44.245     -118.409       44.250     -118.392
Flat Creek..................................................       44.305     -118.390       44.304     -118.403
Horseshoe Creek.............................................       44.320     -118.448       44.323     -118.416
Lake Creek..................................................       44.265     -118.679       44.145     -118.625
Little Crane Creek..........................................       44.219     -118.423       44.151     -118.387
Malheur River...............................................       44.145     -118.625       43.797     -118.350
McCoy Creek.................................................       44.248     -118.674       44.169     -118.654
Meadow Fork Big Creek.......................................       44.268     -118.644       44.227     -118.622
North Fork Elk Creek........................................       44.266     -118.446       44.245     -118.409
North Fork Malheur River....................................       44.360     -118.425       43.945     -118.168
Sheep Creek.................................................       44.281     -118.476       44.281     -118.397
Snowshoe Creek..............................................       44.259     -118.581       44.242     -118.612
South Fork Elk Creek........................................       44.241     -118.423       44.245     -118.409
Summit Creek................................................       44.261     -118.502       44.099     -118.588
Swamp Creek.................................................       44.299     -118.471       44.291     -118.401
----------------------------------------------------------------------------------------------------------------

    (iii) No waterbodies are excluded from critical habitat designation 
in this unit.
    (iv) Map of Unit 24, Malheur River Basin follows:
BILLING CODE 4310-55-S

[[Page 64035]]

[GRAPHIC] [TIFF OMITTED] TR18OC10.025

BILLING CODE 4310-55-C
(32) Unit 25: Jarbidge River
    (i) This unit consists of 245.2 km (152.4 mi) of streams. The unit 
is located in northeastern Nevada and southwestern Idaho.
    (ii) Individual waterbodies in the unit are bounded by the 
following coordinates:

[[Page 64036]]



----------------------------------------------------------------------------------------------------------------
                                                                 Stream       Stream
                                                              Begin Point  Begin Point   Stream End   Stream End
                       Waterbody Name                           or Lake      or Lake       Point        Point
                                                                 Center       Center      Latitude    Longitude
                                                                Latitude    Longitude
----------------------------------------------------------------------------------------------------------------
Bruneau River...............................................       42.780     -115.715       42.329     -115.652
Cougar Creek................................................       41.840     -115.320       41.818     -115.335
Dave Creek..................................................       41.882     -115.356       41.995     -115.353
Deer Creek..................................................       41.848     -115.455       41.933     -115.420
East Fork Jarbidge River....................................       41.778     -115.330       42.049     -115.391
Fall Creek..................................................       41.856     -115.315       41.835     -115.342
Fox Creek...................................................       41.827     -115.420       41.815     -115.422
Gods Pocket Creek...........................................       41.847     -115.293       41.838     -115.298
Jack Creek..................................................       41.887     -115.383       41.912     -115.425
Jarbidge River..............................................       42.049     -115.391       42.329     -115.652
Jenny Creek.................................................       41.901     -115.410       41.900     -115.410
Pine Creek..................................................       41.779     -115.464       41.833     -115.425
Sawmill Creek...............................................       41.794     -115.399       41.792     -115.404
Slide Creek.................................................       41.867     -115.312       41.850     -115.254
Unnamed E Trib Off Pine Creek...............................       41.779     -115.429       41.786     -115.455
Unnamed Headwater Trib Off E Fk Jarbidge River..............       41.767     -115.352       41.782     -115.330
Unnamed Lower Trib Off Fall Creek...........................       41.849     -115.327       41.850     -115.331
Unnamed Lower Trib Off Slide Creek..........................       41.839     -115.277       41.834     -115.278
Unnamed Upper Trib Off Fall Creek...........................       41.843     -115.335       41.840     -115.340
Unnamed Upper Trib Off Slide Creek..........................       41.838     -115.264       41.834     -115.263
Unnamed W Trib Off Pine Creek...............................       41.802     -115.465       41.803     -115.447
Unnamed W Trib Off West Fork Jarbidge River.................       41.781     -115.393       41.792     -115.397
West Fork Jarbidge River....................................       41.792     -115.395       42.049     -115.391
----------------------------------------------------------------------------------------------------------------

    (iii) No waterbodies are excluded from critical habitat designation 
in this unit.
    (iv) Map of Unit 25, Jarbidge River follows:
BILLING CODE 4310-55-S

[[Page 64037]]

[GRAPHIC] [TIFF OMITTED] TR18OC10.026

BILLING CODE 4310-55-C
(33) Unit 26: Southwest Idaho Basins - East Half
    (i) The entire Southwest Idaho Basins unit consists of 2,150 km 
(1,335.9 mi) of streams and 4,310.5 ha (10,651.5 ac) of lakes and 
reservoirs. The unit is located in southwestern Idaho.
    (ii) Individual waterbodies in the unit are bounded by the 
following coordinates:

[[Page 64038]]



----------------------------------------------------------------------------------------------------------------
                                                                 Stream       Stream
                                                              Begin Point  Begin Point   Stream End   Stream End
                       Waterbody Name                           or Lake      or Lake       Point        Point
                                                                 Center       Center      Latitude    Longitude
                                                                Latitude    Longitude
----------------------------------------------------------------------------------------------------------------
Alta Creek..................................................       43.701     -115.248       43.701     -115.243
Anderson Creek..............................................       44.605     -116.187       44.527     -116.243
Anderson Ranch Reservoir....................................       43.415     -115.348               ...........
Antelope Creek..............................................       44.400     -116.169       44.375     -116.198
Arrowrock Reservoir.........................................       43.599     -115.840               ...........
Bald Mountain Creek.........................................       43.756     -115.277       43.818     -115.267
Ballentyne Creek............................................       43.983     -115.143       44.011     -115.233
Banner Creek................................................       43.998     -115.543       44.037     -115.522
Baron Creek.................................................       44.093     -115.028       44.137     -115.149
Basin Creek.................................................       44.377     -115.702       44.341     -115.659
Bass Creek..................................................       43.741     -115.003       43.791     -114.975
Bear Creek..................................................       43.702     -115.007       43.727     -114.901
Bear Creek..................................................       44.017     -115.406       43.938     -115.457
Bear River..................................................       43.987     -115.341       43.892     -115.489
Beaver Creek................................................       44.318     -115.692       44.317     -115.685
Big Peak Creek..............................................       43.658     -114.795       43.628     -114.730
Big Silver Creek............................................       43.989     -115.328       43.989     -115.256
Big Smoky Creek.............................................       43.792     -114.756       43.604     -114.916
Big Water Gulch.............................................       43.665     -115.043       43.604     -115.108
Bitter Creek................................................       44.421     -115.678       44.406     -115.618
Black Warrior Creek.........................................       43.945     -115.190       43.818     -115.291
Blind Canyon................................................       43.768     -114.724       43.769     -114.720
Bluff Creek.................................................       43.697     -114.686       43.700     -114.755
Boardman Creek..............................................       43.525     -115.019       43.612     -114.940
Boiler Grade Creek..........................................       43.720     -115.262       43.730     -115.263
Boise River.................................................       43.713     -115.636       43.645     -115.749
Buck Creek..................................................       43.747     -115.326       43.803     -115.397
Bull Creek..................................................       44.491     -115.615       44.422     -115.813
Burnt Log Creek.............................................       43.646     -115.017       43.643     -114.970
Canyon Creek................................................       44.303     -115.231       44.172     -115.244
Carrie Creek................................................       43.590     -114.691       43.552     -114.759
Chapman Creek...............................................       44.097     -115.290       44.136     -115.314
Clear Creek.................................................       44.228     -115.409       44.248     -115.395
Corbus Creek................................................       43.737     -115.165       43.747     -115.190
Cow Creek...................................................       44.021     -115.296       43.991     -115.255
Crooked River...............................................       44.027     -115.338       43.853     -115.537
Cub Creek...................................................       43.979     -115.353       43.980     -115.402
Daisy Creek.................................................       44.269     -115.748       44.260     -115.694
Deadwood Creek..............................................       43.532     -115.015       43.585     -115.008
Deadwood Reservoir..........................................       44.309     -115.663               ...........
Deadwood River..............................................       44.547     -115.561       44.342     -115.658
Deadwood River..............................................       44.293     -115.646       44.079     -115.658
Decker Creek................................................       43.718     -115.047       43.769     -115.145
Deer Creek..................................................       44.347     -115.549       44.396     -115.616
Devils Creek................................................       43.642     -115.564       43.685     -115.592
Dewey Creek.................................................       44.772     -116.276       44.807     -116.278
Disappointment Creek........................................       44.830     -116.707       44.825     -116.658
Dog Creek...................................................       43.529     -115.302       43.529     -115.302
East Fork Big Peak Creek....................................       43.628     -114.730       43.630     -114.699
East Fork Deadwood River....................................       44.494     -115.571       44.492     -115.575
East Fork Eightmile Creek...................................       44.200     -115.355       44.133     -115.407
East Fork Elk Creek.........................................       43.742     -115.231       43.709     -115.254
East Fork Roaring River.....................................       43.687     -115.438       43.694     -115.465
East Fork Sheep Creek.......................................       43.674     -115.486       43.684     -115.548
East Fork Skeleton Creek....................................       43.685     -115.019       43.658     -114.999
East Fork Warm Springs Creek................................       44.317     -115.538       44.294     -115.622
East Fork Weiser River......................................       44.729     -116.279       44.846     -116.380
East Fork Yuba River........................................       43.747     -115.155       43.723     -115.153
Eightmile Creek.............................................       44.251     -115.400       44.118     -115.413
Elk Creek...................................................       43.751     -115.307       43.678     -115.265
Emma Creek..................................................       43.791     -114.835       43.735     -114.906
Feather River...............................................       43.678     -115.265       43.687     -115.286
Flytrip Creek...............................................       43.928     -115.019       43.939     -114.974
French Creek................................................       43.741     -115.627       43.741     -115.638
Garney Creek................................................       44.091     -115.609       44.094     -115.611
Gates Creek.................................................       44.348     -115.328       44.292     -115.306
Goat Creek..................................................       43.729     -115.007       43.715     -114.980
Goat Creek..................................................       44.393     -115.680       44.398     -115.619
Grouse Creek................................................       43.731     -115.079       43.710     -115.077
Grouse Creek................................................       44.835     -116.708       44.826     -116.657

[[Page 64039]]

 
Habit Creek.................................................       44.349     -115.713       44.330     -115.673
Hornet Creek................................................       44.797     -116.733       44.838     -116.635
Horseshoe Creek.............................................       44.062     -115.317       44.053     -115.317
Hungarian Creek.............................................       43.818     -115.539       43.841     -115.603
Johnson Creek...............................................       43.844     -114.971       43.774     -114.929
Johnson Creek...............................................       43.947     -115.130       43.940     -115.285
Lightning Creek.............................................       44.233     -115.766       44.193     -115.937
Little Bear Creek...........................................       43.746     -114.975       43.779     -114.936
Little Queens River.........................................       43.930     -115.144       43.843     -115.185
Little Rattlesnake Creek....................................       43.589     -115.700       43.617     -115.607
Little Silver Creek.........................................       44.001     -115.326       43.997     -115.289
Little Smoky Creek..........................................       43.585     -114.680       43.608     -114.872
Little Weiser River.........................................       44.637     -116.175       44.506     -116.308
Lodgepole Creek.............................................       43.888     -115.295       43.930     -115.315
Loggy Creek.................................................       43.763     -114.788       43.800     -114.790
Long Creek..................................................       44.153     -115.533       44.129     -115.579
Long Fork Silver Creek......................................       44.411     -115.680       44.382     -115.761
Louise Creek................................................       43.964     -115.392       43.968     -115.425
Mattingly Creek.............................................       43.853     -115.036       43.846     -115.049
McLeod Creek................................................       44.022     -115.163       44.057     -115.208
McPhearson Creek............................................       44.038     -115.159       44.066     -115.199
Meadow Creek................................................       43.764     -115.617       43.765     -115.622
Middle Fork Boise River.....................................       43.946     -115.033       43.713     -115.636
Middle Fork Payette River...................................       44.551     -115.765       44.103     -116.000
Middle Fork Roaring River...................................       43.624     -115.466       43.688     -115.452
Middle Fork Warm Springs Creek..............................       44.351     -115.565       44.326     -115.599
No Man Creek................................................       44.247     -115.591       44.247     -115.630
North Creek.................................................       44.818     -116.721       44.814     -116.693
North Fork Baron Creek......................................       44.145     -115.078       44.131     -115.102
North Fork Big Smoky Creek..................................       43.723     -114.789       43.748     -114.802
North Fork Boise River......................................       44.094     -115.225       43.713     -115.636
North Fork Canyon Creek.....................................       44.260     -115.199       44.250     -115.215
North Fork Deer Creek.......................................       44.452     -115.545       44.408     -115.554
North Fork Gold Fork River..................................       44.756     -115.801       44.674     -115.897
North Fork Ross Fork........................................       43.852     -114.976       43.796     -114.989
North Fork Whitehawk Creek..................................       44.291     -115.539       44.277     -115.585
Olive Creek.................................................       44.787     -116.694       44.836     -116.628
Onion Creek.................................................       44.234     -115.776       44.214     -115.825
Oxtail Creek................................................       44.439     -115.639       44.459     -115.668
Packsaddle Creek............................................       44.223     -115.698       44.224     -115.744
Parks Creek.................................................       43.629     -115.337       43.582     -115.342
Peace Creek.................................................       44.356     -115.734       44.341     -115.792
Pikes Fork..................................................       44.048     -115.441       43.971     -115.562
Placer Creek................................................       44.806     -116.738       44.808     -116.680
Poison Creek................................................       44.491     -116.163       44.478     -116.186
Pole Creek..................................................       44.494     -116.203       44.471     -116.219
Queens River................................................       43.959     -115.119       43.821     -115.208
Rabbit Creek................................................       43.797     -115.613       43.821     -115.690
Rainbow Creek...............................................       43.630     -115.341       43.630     -115.361
Rattlesnake Creek...........................................       43.622     -115.526       43.561     -115.740
Renwick Creek...............................................       44.397     -116.140       44.367     -116.196
Right Creek.................................................       43.855     -115.187       43.867     -115.194
Roaring River...............................................       43.647     -115.480       43.790     -115.440
Rock Creek..................................................       43.894     -115.045       43.939     -115.081
Rockey Creek................................................       43.969     -115.424       44.011     -115.397
Ross Fork...................................................       43.796     -114.989       43.774     -114.929
Royal Gorge.................................................       43.751     -114.725       43.750     -114.723
Russel Gulch................................................       43.577     -115.559       43.591     -115.596
Salt Creek..................................................       43.607     -114.872       43.539     -114.860
Sawmill Creek...............................................       43.709     -115.095       43.761     -115.121
Scenic Creek................................................       43.901     -115.145       43.921     -115.179
Scotch Creek................................................       43.687     -115.438       43.690     -115.432
Scott Creek.................................................       43.891     -115.153       43.883     -115.181
Scott Creek.................................................       44.191     -115.762       44.223     -115.648
Second Fork Squaw Creek.....................................       44.404     -116.192       44.367     -116.196
Sheep Creek.................................................       43.617     -115.511       43.697     -115.662
Sheep Creek.................................................       44.504     -116.175       44.542     -116.222
Silver Creek................................................       44.408     -115.750       44.304     -115.865
Sixteen-to-one Creek........................................       44.467     -115.755       44.470     -115.718
Skeleton Creek..............................................       43.694     -114.987       43.589     -115.022

[[Page 64040]]

 
Smith Creek.................................................       44.200     -115.758       44.214     -115.710
Smokey Dome Canyon..........................................       43.503     -114.938       43.547     -114.956
Snowslide Creek.............................................       43.738     -114.830       43.723     -114.789
South Fork Beaver Creek.....................................       44.297     -115.733       44.295     -115.686
South Fork Boise River......................................       43.358     -115.449       43.481     -115.307
South Fork Boise River......................................       43.335     -115.537       43.550     -115.722
South Fork Canyon Creek.....................................       44.226     -115.192       44.210     -115.170
South Fork Clear Creek......................................       44.183     -115.484       44.232     -115.440
South Fork Cub Creek........................................       43.968     -115.356       43.977     -115.389
South Fork Gold Fork River..................................       44.653     -115.840       44.674     -115.897
South Fork Payette River....................................       43.999     -115.040       44.103     -116.000
South Fork Ross Fork........................................       43.735     -115.022       43.796     -114.989
South Fork Scott Creek......................................       44.187     -115.703       44.222     -115.661
Squaw Creek.................................................       44.436     -116.153       44.437     -116.279
Stratton Creek..............................................       44.446     -115.631       44.470     -115.587
Tenmile Creek...............................................       44.086     -115.237       44.119     -115.386
Third Fork Squaw Creek......................................       44.453     -116.157       44.424     -116.211
Trail Creek.................................................       44.164     -115.093       44.158     -115.084
Trail Creek.................................................       43.912     -115.407       43.871     -115.409
Trail Creek.................................................       44.239     -115.759       44.279     -115.667
Trail Creek-Yuba............................................       43.707     -115.118       43.763     -115.146
Trinity Creek...............................................       43.600     -115.270       43.630     -115.341
Tripod Creek................................................       43.896     -115.155       43.895     -115.189
Ucon Creek..................................................       44.379     -115.721       44.371     -115.767
Unnamed.....................................................       43.867     -115.194       43.877     -115.194
Unnamed.....................................................       43.781     -115.252       43.766     -115.273
Unnamed.....................................................       43.861     -115.271       43.872     -115.295
Unnamed.....................................................       43.751     -115.361       43.722     -115.368
Unnamed.....................................................       43.987     -115.418       44.005     -115.416
Unnamed.....................................................       44.201     -115.717       44.182     -115.721
Unnamed.....................................................       43.625     -115.556       43.628     -115.556
Unnamed.....................................................       43.664     -115.527       43.657     -115.526
Unnamed.....................................................       43.657     -115.526       43.653     -115.528
Unnamed.....................................................       44.026     -115.275       44.035     -115.272
Unnamed.....................................................       44.029     -115.368       44.026     -115.365
Unnamed - Off Olive Creek...................................       44.801     -116.661       44.787     -116.666
Unnamed - Off Beaver Creek..................................       44.336     -115.718       44.318     -115.687
Unnamed - Off Black Warrior Creek...........................       43.896     -115.263       43.878     -115.245
Unnamed - Off East Fork Warm Springs Creek..................       44.324     -115.564       44.312     -115.578
Unnamed - Off Long Creek....................................       44.136     -115.535       44.148     -115.547
Unnamed - Off Middle Fork Warm Springs Creek................       44.324     -115.541       44.332     -115.580
Unnamed - Off North Fork Canyon Creek.......................       44.241     -115.166       44.260     -115.199
Unnamed - Off South Fork Beaver Creek.......................       44.283     -115.722       44.294     -115.687
Unnamed 1 - Off Deer Creek..................................       44.425     -115.587       44.407     -115.586
Unnamed 1 - Off Middle Fork Payette River...................       44.552     -115.835       44.524     -115.775
Unnamed 1 - Off Olive Creek.................................       44.812     -116.644       44.791     -116.649
Unnamed 1 - Off Third Fork Squaw Creek......................       44.420     -116.148       44.424     -116.211
Unnamed 1- Off Emma Creek...................................       43.772     -114.884       43.759     -114.872
Unnamed 2 - Off Deer Creek..................................       44.388     -115.554       44.401     -115.560
Unnamed 2 - Off Eightmile Creek.............................       44.198     -115.419       44.174     -115.398
Unnamed 2 - Off Of Unnamed 1 Off Of Third Fork Squaw Creek..       44.421     -116.172       44.415     -116.191
Unnamed 3 - Off Deer Creek..................................       44.422     -115.534       44.407     -115.542
Unnamed 3 - Off Middle Fork Payette River...................       44.540     -115.739       44.539     -115.771
Unnamed 3 - Off Of Unnamed 1 Off Of Third Fork Squaw Creek..       44.426     -116.161       44.416     -116.202
Unnamed 3 - Off Third Fork Squaw Creek......................       44.433     -116.168       44.434     -116.204
Unnamed 4 - Off Squaw Creek.................................       44.455     -116.200       44.470     -116.220
Unnamed 5 - Off Squaw Creek.................................       44.460     -116.166       44.479     -116.194
Unnamed 6 - Off Unamed 5 Off Of Squaw Creek.................       44.456     -116.175       44.476     -116.191
Unnamed Trib 3 - Off North Fork Gold Fork River.............       44.747     -115.812       44.708     -115.817
Unnamed Trib 4 - Off North Fork Gold Fork River.............       44.679     -115.812       44.706     -115.820
Valley Creek................................................       44.280     -115.743       44.333     -115.777
Vienna Creek................................................       43.802     -114.906       43.802     -114.910
Wagontown Creek.............................................       43.565     -115.277       43.607     -115.324
Wapiti Creek................................................       44.117     -115.202       44.094     -115.186
Warm Spring Creek...........................................       44.292     -115.306       44.144     -115.304
Warm Springs Creek..........................................       44.367     -115.580       44.279     -115.631
West Fork Big Peak Creek....................................       43.628     -114.730       43.646     -114.719
West Fork Big Smoky Creek...................................       43.788     -114.821       43.744     -114.727
West Fork Creek.............................................       44.048     -115.247       44.055     -115.210
West Fork Skeleton Creek....................................       43.672     -115.027       43.651     -114.974

[[Page 64041]]

 
West Parks Creek............................................       43.623     -115.341       43.612     -115.366
West Warrior Creek..........................................       43.882     -115.298       43.840     -115.257
Whitehawk Creek.............................................       44.261     -115.556       44.235     -115.524
Wild Buck Creek.............................................       44.389     -115.650       44.342     -115.658
Willow Creek................................................       43.725     -115.023       43.605     -115.144
Willow Creek................................................       43.959     -115.531       43.944     -115.484
Wilson Creek................................................       44.366     -115.565       44.292     -115.641
Yuba River..................................................       43.707     -115.202       43.803     -115.160
----------------------------------------------------------------------------------------------------------------

    (iii) No waterbodies are excluded from critical habitat designation 
in this unit.
    (iv) Map of Unit 26, Southwest Idaho Basins - East Half follows:
BILLING CODE 4310-55-S

[[Page 64042]]

[GRAPHIC] [TIFF OMITTED] TR18OC10.027

BILLING CODE 4310-55-C
(34) Unit 26: Southwest Idaho Basins - West Half
    (i) The entire Southwest Idaho Basins unit consists of 2,150 km 
(1,335.9 mi) of streams and 4,310.5 ha (10,651.5 ac) of lakes and 
reservoirs. The unit is located in southwestern Idaho.

[[Page 64043]]

    (ii) See paragraph (e)(33)(ii) of this entry for a list of 
individual waterbodies in this unit.
    (iii) No waterbodies are excluded from critical habitat designation 
in this unit.
    (iv) Map of Unit 26, Southwest Idaho Basins - West Half follows:
BILLING CODE 4310-55-S
[GRAPHIC] [TIFF OMITTED] TR18OC10.028

BILLING CODE 4310-55-C

[[Page 64044]]

(35) Unit 27: Salmon River - East Half
    (i) The entire Salmon River unit consists of 7,376.5 km (4,583.5 
mi) of streams and 1,683.8 ha (4,160.6 ac) of lakes and reservoirs. The 
unit is located in central Idaho.
    (ii) Individual waterbodies in the unit are bounded by the 
following coordinates:

----------------------------------------------------------------------------------------------------------------
                                                                 Stream       Stream
                                                              Begin Point  Begin Point   Stream End   Stream End
                       Waterbody Name                           or Lake      or Lake       Point        Point
                                                                 Center       Center      Latitude    Longitude
                                                                Latitude    Longitude
----------------------------------------------------------------------------------------------------------------
(Mill Creek (Tributary to Big Creek)........................       44.467     -113.685       44.507     -113.619
Airplane Lake...............................................       45.156     -114.599               ...........
Alpine Creek................................................       45.032     -114.655       45.080     -114.619
Alpine Creek................................................       43.930     -114.970       43.896     -114.907
Alpine Creek Lake <greek-i>5................................       45.078     -114.617               ...........
Alturas Lake................................................       43.914     -114.861               ...........
Alturas Lake Creek..........................................       43.893     -114.919       44.004     -114.837
Arctic Creek................................................       45.498     -114.998       45.479     -115.031
Arnett Creek................................................       45.265     -114.201       45.205     -114.134
Arrastra Creek..............................................       44.841     -114.351       44.868     -114.426
Back Creek..................................................       44.511     -115.707       44.512     -115.739
Baldwin Creek...............................................       44.500     -115.106       44.541     -115.068
Banner Creek................................................       44.291     -115.188       44.356     -115.209
Bargamin Creek..............................................       45.770     -114.935       45.567     -115.192
Basin Creek.................................................       44.368     -114.943       44.263     -114.818
Basin Creek.................................................       45.657     -114.960       45.674     -114.991
Bayhorse Creek..............................................       44.378     -114.257       44.411     -114.402
Beagle Creek................................................       44.996     -114.480       44.991     -114.462
Bear Creek..................................................       44.597     -114.463       44.569     -114.362
Bear Creek..................................................       44.834     -115.514       44.826     -115.483
Bear Creek..................................................       45.106     -115.618       45.117     -115.638
Bear Creek..................................................       44.606     -115.601       44.623     -115.691
Bear Creek-Loon.............................................       44.735     -114.862       44.742     -114.818
Bear Creek-Marsh............................................       44.490     -115.099       44.439     -115.101
Bear Valley Creek...........................................       44.804     -113.867       44.772     -113.708
Bear Valley Creek...........................................       44.236     -115.500       44.449     -115.231
Bearskin Creek..............................................       44.330     -115.529       44.415     -115.467
Beaver Creek................................................       45.272     -114.186       45.274     -114.335
Beaver Creek................................................       43.836     -114.907       43.925     -114.810
Beaver Creek................................................       44.472     -114.954       44.406     -115.171
Beaver Creek................................................       45.242     -115.315       45.250     -115.340
Belvidere Creek.............................................       45.041     -115.387       45.069     -115.365
Bernard Creek...............................................       44.975     -114.735       44.982     -114.760
Big Bear Creek..............................................       45.472     -114.963       45.457     -115.093
Big Boulder Creek...........................................       44.113     -114.551       44.118     -114.429
Big Buck Creek..............................................       45.252     -115.540       45.263     -115.586
Big Chief Creek.............................................       44.817     -115.369       44.838     -115.298
Big Cottonwood Creek........................................       44.879     -115.207       44.912     -115.083
Big Creek...................................................       44.442     -113.601       44.495     -113.819
Big Creek...................................................       45.060     -115.452       45.094     -114.733
Big Creek Marsh.............................................       45.091     -115.333               ...........
Big Eightmile Creek.........................................       44.560     -113.563       44.739     -113.460
Big Flat Creek..............................................       45.227     -115.545       45.235     -115.590
Big Harrington Creek........................................       45.518     -114.824       45.473     -114.964
Big Mallard Creek...........................................       45.537     -115.270       45.544     -115.280
Big Ramey Creek.............................................       45.279     -115.244       45.177     -115.160
Big Timber Creek............................................       44.509     -113.539       44.699     -113.375
Birdseye Creek..............................................       44.938     -114.457       44.927     -114.385
Blackeagle Creek............................................       44.992     -114.568       45.006     -114.547
Blackmare Creek.............................................       44.809     -115.796       44.822     -115.704
Blue Fork Silver Creek......................................       44.854     -114.359       44.883     -114.355
Blue Lake Creek.............................................       45.132     -115.781       45.133     -115.717
Bohannon Creek..............................................       45.229     -113.668       45.112     -113.747
Boulder Creek...............................................       45.277     -115.341       45.242     -115.315
Boulder Creek...............................................       45.129     -116.476       45.204     -116.311
Bowery Creek................................................       44.011     -114.390       44.032     -114.461
Bray Creek..................................................       44.675     -113.814       44.706     -113.769
Browning Creek..............................................       44.759     -115.364       44.738     -115.407
Bruin Creek.................................................       45.517     -115.076       45.492     -115.113
Brush Creek.................................................       44.965     -114.860       44.955     -114.734
Buck Creek..................................................       44.929     -115.003       44.896     -115.065
Buck Creek..................................................       44.751     -115.480       44.792     -115.519
Buckhorn Creek..............................................       44.853     -115.887       44.922     -115.737
Bum Creek...................................................       45.036     -115.287       44.995     -115.319
Burgdorf Creek..............................................       45.268     -115.911       45.255     -115.963

[[Page 64045]]

 
Burn Creek..................................................       45.500     -116.105       45.505     -116.125
Burnt Creek.................................................       44.149     -113.633       44.284     -113.653
Burntlog Creek..............................................       44.718     -115.420       44.803     -115.519
Cabin Creek.................................................       44.419     -114.902       44.397     -114.828
Cabin Creek.................................................       43.929     -114.880       43.928     -114.843
Cabin Creek.................................................       45.195     -114.838       45.126     -114.936
Cabin Creek.................................................       44.703     -115.648       44.666     -115.686
Cabin Creek-Loon............................................       44.760     -114.693       44.691     -114.754
Cache Creek.................................................       45.636     -115.118       45.691     -115.181
Cache Creek.................................................       44.262     -115.403       44.346     -115.420
Cache Creek-Loon............................................       44.776     -114.688       44.801     -114.806
California Creek............................................       45.341     -115.851       45.448     -115.760
Camas Creek.................................................       44.708     -114.388       44.892     -114.723
Camp Creek..................................................       45.222     -114.115       45.279     -114.159
Camp Creek..................................................       44.945     -114.595       44.955     -114.611
Camp Creek..................................................       45.643     -114.961       45.657     -115.001
Camp Creek..................................................       44.985     -115.414       44.990     -115.444
Camp Creek..................................................       44.607     -115.680       44.605     -115.634
Camp Creek..................................................       44.898     -115.717       44.891     -115.618
Cane Creek..................................................       44.978     -115.262       44.953     -115.292
Canyon Creek................................................       44.575     -114.914       44.568     -114.847
Cape Horn Creek.............................................       44.333     -115.288       44.395     -115.169
Carlson Creek...............................................       45.345     -115.517       45.339     -115.560
Casner Creek................................................       44.281     -115.452       44.295     -115.485
Castle Creek................................................       44.826     -114.313       44.801     -114.472
Cat Creek...................................................       44.619     -114.653       44.652     -114.628
Cave-Big Creek..............................................       45.240     -114.847       45.132     -114.956
Cayuse Creek................................................       45.500     -114.603       45.474     -114.569
Challis Creek...............................................       44.552     -114.512       44.570     -114.187
Chamberlain Creek...........................................       45.336     -115.330       45.454     -114.933
Champion Creek..............................................       44.026     -114.839       43.988     -114.691
Chicken Creek...............................................       45.287     -115.474       45.319     -115.412
Chip Creek..................................................       44.443     -115.359       44.429     -115.341
Cinnabar Creek..............................................       44.912     -115.267       44.952     -115.294
Clear Creek.................................................       45.146     -114.579       45.295     -114.352
Cliff Creek.................................................       44.790     -115.697       44.769     -115.744
Club Creek..................................................       45.291     -115.037       45.266     -115.084
Cold Creek..................................................       45.488     -115.071       45.465     -115.077
Cold Creek..................................................       44.371     -115.318       44.425     -115.311
Cold Spring Creek-Loon......................................       44.682     -114.841       44.718     -114.799
Colson Creek................................................       45.299     -114.532       45.379     -114.552
Cook Creek..................................................       44.373     -115.445       44.408     -115.378
Cooper Creek................................................       44.675     -113.703       44.726     -113.726
Corn Creek..................................................       45.368     -114.685       45.385     -114.559
Corral Creek................................................       45.545     -114.111       45.498     -114.147
Corral Creek................................................       44.876     -114.220       44.779     -114.248
Cottonwood Creek............................................       44.623     -114.761       44.593     -114.680
Cougar Creek................................................       44.810     -115.805       44.889     -115.717
Crooked Creek...............................................       45.195     -115.032       45.163     -115.129
Crooked Creek...............................................       45.612     -115.439       45.434     -115.667
Cub Creek...................................................       44.319     -115.518       44.324     -115.474
Cultus Creek................................................       44.781     -115.211       44.813     -115.176
Curtis Creek................................................       44.562     -115.760       44.652     -115.704
Dagger Creek................................................       44.456     -115.374       44.523     -115.282
Dahlonega Creek.............................................       45.524     -113.836       45.541     -113.929
Dairy Creek.................................................       44.620     -113.594       44.637     -113.553
Deadhorse Creek.............................................       45.574     -116.145       45.613     -116.067
Deadwood Creek..............................................       44.349     -114.836       44.376     -114.777
Deep Creek..................................................       45.018     -114.098       45.126     -114.216
Deep Creek..................................................       45.051     -115.754       45.071     -115.743
Deer Creek..................................................       44.776     -113.810       44.793     -113.778
Deer Creek..................................................       44.571     -114.907       44.548     -114.855
Deer Creek..................................................       45.382     -115.092       45.453     -115.130
Devils Toe Creek............................................       45.436     -114.893       45.419     -114.935
Dillinger Creek.............................................       45.530     -115.108       45.480     -115.215
Disappointment Creek........................................       45.422     -114.880       45.300     -114.945
Dismal Creek................................................       45.351     -114.950       45.306     -114.958
Ditch Creek.................................................       45.506     -114.004       45.597     -114.041
Dog Creek...................................................       45.380     -115.151       45.448     -115.163
Dollar Creek................................................       44.722     -115.696       44.759     -115.752

[[Page 64046]]

 
Duffield Creek..............................................       44.570     -114.931       44.551     -115.008
Dump Creek..................................................       45.329     -114.041       45.318     -114.039
Dutch Creek.................................................       44.799     -115.520       44.798     -115.523
Dynamite Creek..............................................       44.871     -115.208       44.876     -115.058
East Basin Creek............................................       44.343     -114.791       44.277     -114.850
East Fork Big Ramey Creek...................................       45.245     -115.137       45.214     -115.188
East Fork Burntlog Creek....................................       44.730     -115.427       44.737     -115.502
East Fork Cache Creek.......................................       44.306     -115.390       44.314     -115.424
East Fork Elk Creek.........................................       44.481     -115.360       44.485     -115.453
East Fork Fall Creek........................................       45.360     -115.964       45.415     -115.976
East Fork Hayden Creek......................................       44.664     -113.684       44.760     -113.712
East Fork Herd Creek........................................       43.984     -114.204       44.058     -114.234
East Fork John Day Creek....................................       45.577     -116.154       45.573     -116.230
East Fork Mayfield Creek....................................       44.480     -114.714       44.539     -114.798
East Fork Morgan Creek......................................       44.670     -113.829       44.675     -113.900
East Fork Owl Creek.........................................       45.340     -114.463       45.345     -114.458
East Fork Pahsimeroi River..................................       44.081     -113.721       44.157     -113.704
East Fork Salmon River......................................       43.929     -114.555       44.268     -114.327
East Fork South Fork Salmon River...........................       44.886     -115.257       45.015     -115.714
East Fork Thomas Creek......................................       44.668     -115.043       44.705     -115.028
East Fork Valley Creek......................................       44.327     -114.988       44.357     -115.049
East Fork Whimstick Creek...................................       45.300     -115.029       45.288     -114.962
East Pass Creek.............................................       44.050     -114.277       44.076     -114.244
Eightmile Creek.............................................       44.471     -114.716       44.426     -114.620
Elevenmile Creek............................................       44.436     -114.545       44.467     -114.579
Elk Creek...................................................       44.196     -115.134       44.293     -115.024
Elk Creek...................................................       44.485     -115.453       44.410     -115.373
Elk Creek...................................................       45.157     -115.432       45.156     -115.585
Elkhorn Creek...............................................       44.582     -115.370       44.615     -115.257
Elkhorn Creek...............................................       45.270     -116.122       45.404     -116.095
Enos Creek..................................................       45.148     -115.795       45.102     -115.851
Fall Creek..................................................       45.331     -115.996       45.432     -115.984
Falls Creek.................................................       44.611     -113.685       44.565     -113.879
Falls Creek.................................................       44.881     -115.508       44.885     -115.536
Fernan Creek................................................       45.238     -115.813       45.235     -115.850
Fir Creek...................................................       44.618     -114.671       44.655     -114.698
Fir Creek...................................................       44.344     -115.299       44.428     -115.291
Fish Creek..................................................       45.352     -115.304       45.384     -115.335
Fishhook Creek..............................................       44.133     -114.982       44.143     -114.920
Fitsum Creek................................................       45.000     -115.763       44.999     -115.723
Fivemile Creek..............................................       44.355     -114.616       44.405     -114.655
Fivemile Creek..............................................       45.412     -115.470       45.392     -115.456
Flat Creek..................................................       45.302     -115.880       45.271     -115.837
Float Creek.................................................       44.523     -115.179       44.571     -115.072
Flossie Creek...............................................       45.372     -115.207       45.389     -115.295
Fly Creek...................................................       44.670     -114.551       44.705     -114.497
Forty-Five Creek............................................       44.665     -115.309       44.718     -115.233
Fourmile Creek..............................................       44.798     -115.622       44.857     -115.696
Fourth of July Creek........................................       45.427     -113.774       45.364     -113.944
Fourth of July Creek........................................       44.986     -114.347       44.991     -114.414
Fourth of July Creek........................................       44.044     -114.621       44.032     -114.837
French Creek................................................       45.370     -116.042       45.425     -116.031
Fritser Creek...............................................       45.091     -115.627       45.103     -115.684
Furnace Creek...............................................       44.789     -114.344       44.766     -114.487
Game Creek..................................................       45.404     -115.275       45.398     -115.193
Garden Creek................................................       45.314     -114.404       45.239     -114.517
Germania Creek..............................................       43.968     -114.704       44.039     -114.462
Goat Creek..................................................       44.179     -115.009       44.219     -114.942
Goodman Creek...............................................       45.636     -114.965       45.647     -115.017
Granite Fork Lake Fork Rapid River..........................       45.151     -116.553       45.187     -116.518
Green Creek.................................................       45.739     -115.023       45.771     -115.033
Greyhound Creek.............................................       44.588     -115.155       44.648     -115.168
Grimmet Creek...............................................       45.156     -115.800       45.184     -115.782
Grouse Creek................................................       45.226     -115.545       45.186     -115.482
Grouse Creek................................................       45.317     -115.817       45.265     -115.831
Guard Creek.................................................       45.308     -115.659       45.293     -115.696
Half Moon Creek.............................................       44.557     -115.412       44.558     -115.410
Hand Creek..................................................       45.287     -115.246       45.228     -115.301
Hanson Creek................................................       44.869     -115.508       44.865     -115.475
Hard Creek..................................................       45.125     -116.240       45.183     -116.284

[[Page 64047]]

 
Hartan Creek................................................       45.519     -115.258       45.477     -115.229
Hayden Creek................................................       44.722     -113.820       44.869     -113.627
Hazard Creek................................................       45.201     -116.255       45.184     -116.301
Hell Roaring Creek..........................................       44.023     -114.842       44.027     -114.929
Hell Roaring Lake...........................................       44.024     -114.935               ...........
Herd Creek..................................................       44.058     -114.234       44.154     -114.301
Hida Creek..................................................       45.556     -115.167       45.515     -115.204
Holdover Creek..............................................       44.845     -115.698       44.840     -115.726
Honeymoon Creek.............................................       44.553     -115.414       44.560     -115.411
Hoodoo Creek................................................       45.060     -114.553       44.953     -114.582
Horse Creek.................................................       45.475     -114.402       45.395     -114.733
Hot Springs Creek...........................................       45.729     -115.032       45.721     -114.977
Hot Springs Creek...........................................       45.511     -115.042       45.468     -115.131
Hotzel Creek................................................       45.373     -115.188       45.349     -115.204
Hughes Creek................................................       45.582     -114.121       45.476     -113.989
Hull Creek..................................................       45.468     -113.993       45.491     -114.094
Hungry Creek................................................       45.392     -114.916       45.352     -114.870
Ibex Creek..................................................       43.908     -114.493       43.953     -114.526
Indian Creek................................................       45.552     -114.145       45.400     -114.168
Indian Creek................................................       44.799     -115.390       44.770     -115.090
Indian Creek................................................       44.970     -115.732       44.958     -115.691
Indian Creek-Loon...........................................       44.672     -114.840       44.692     -114.755
Inyo Creek..................................................       44.532     -113.628       44.535     -113.684
Iron Creek..................................................       44.189     -115.047       44.223     -114.948
J Fell Creek................................................       44.614     -114.462       44.684     -114.459
Jack Creek..................................................       44.678     -114.836       44.696     -114.761
Jeanette Creek..............................................       45.276     -115.919       45.294     -115.899
Jefferson Creek.............................................       45.220     -114.120       45.242     -114.149
Job Creek...................................................       44.243     -115.003       44.243     -115.002
John Day Creek..............................................       45.521     -116.196       45.586     -116.296
Johnson Creek...............................................       44.632     -115.526       44.962     -115.502
Jordan Creek................................................       44.469     -114.771       44.379     -114.721
Josephine Creek.............................................       45.225     -115.971       45.224     -115.930
Jungle Creek................................................       45.147     -115.799       45.108     -115.826
Kadletz Creek...............................................       44.740     -113.820       44.775     -113.743
Kenney Creek................................................       45.110     -113.514       45.032     -113.663
Kinnikinic Creek............................................       44.258     -114.402       44.260     -114.403
Knapp Creek.................................................       44.424     -114.916       44.365     -115.132
Knee Creek..................................................       44.676     -115.662       44.695     -115.624
Krassel Creek...............................................       44.979     -115.727       44.987     -115.704
Lake Creek..................................................       44.985     -114.081       45.017     -113.989
Lake Creek..................................................       44.981     -114.646       44.947     -114.592
Lake Creek..................................................       44.720     -115.142       44.714     -115.097
Lake Creek..................................................       44.643     -115.181       44.662     -115.231
Lake Creek..................................................       45.616     -115.687       45.514     -115.575
Lake Creek..................................................       45.374     -115.899       45.372     -115.895
Lake Creek..................................................       45.294     -116.220       45.400     -116.213
Lake Creek Lake.............................................       45.373     -115.897               ...........
Lake Fork Rapid River.......................................       45.190     -116.558       45.187     -116.483
Landmark Creek..............................................       44.657     -115.543       44.626     -115.583
Lee Creek...................................................       44.740     -113.482       44.659     -113.616
Lemhi River.................................................       44.682     -113.355       45.188     -113.890
Liberty Creek...............................................       44.783     -114.618       44.759     -114.650
Lick Creek..................................................       44.775     -114.348       44.722     -114.272
Lick Creek..................................................       45.049     -115.915       45.062     -115.762
Lightning Creek.............................................       44.466     -114.788       44.388     -114.796
Little Beaver Creek.........................................       44.445     -115.528       44.409     -115.492
Little Boulder Creek........................................       44.065     -114.543       44.099     -114.443
Little Buck Creek...........................................       45.252     -115.551       45.247     -115.588
Little Cottonwood Creek.....................................       44.942     -115.020       44.907     -115.074
Little Creek................................................       44.695     -114.981       44.724     -114.998
Little Deep Creek...........................................       45.001     -114.163       45.108     -114.180
Little East Fork Elk Creek..................................       44.480     -115.398       44.464     -115.446
Little Eightmile Creek......................................       44.823     -113.366       44.739     -113.460
Little Horse Creek..........................................       45.440     -114.585       45.477     -114.450
Little Indian Creek.........................................       44.871     -115.219       44.841     -115.257
Little Indian Creek.........................................       44.967     -115.727       44.951     -115.702
Little Jacket Creek.........................................       44.926     -114.479       44.953     -114.566
Little Lodgepole Creek......................................       45.351     -115.155       45.328     -115.218
Little Loon Creek...........................................       44.615     -114.964       44.731     -114.941

[[Page 64048]]

 
Little Mallard Creek........................................       45.530     -115.306       45.529     -115.304
Little Pistol Creek.........................................       44.721     -115.405       44.721     -115.204
Little Redfish Lake.........................................       44.161     -114.909               ...........
Little Salmon River.........................................       45.181     -116.302       45.417     -116.314
Little Slate Creek..........................................       45.620     -116.067       45.463     -116.122
Little Timber Creek.........................................       44.605     -113.445       44.642     -113.384
Livingston Creek............................................       44.144     -114.609       44.194     -114.604
Lodgepole Creek.............................................       44.554     -114.475       44.540     -114.409
Lodgepole Creek.............................................       45.372     -115.126       45.305     -115.255
Lodgepole Creek.............................................       44.576     -115.611       44.593     -115.687
Logan Creek.................................................       45.072     -115.456       45.118     -115.320
Lola Creek..................................................       44.391     -115.240       44.408     -115.175
Long Tom Creek..............................................       43.978     -114.402       44.027     -114.430
Loon Creek..................................................       44.444     -114.941       44.553     -114.850
Loon Creek..................................................       45.167     -115.837       45.170     -115.809
Loon Lake...................................................       45.163     -115.840               ...........
Lucky Creek.................................................       44.625     -115.277       44.664     -115.299
Luger Creek.................................................       44.618     -115.396       44.686     -115.358
Magpie Creek................................................       45.548     -115.153       45.506     -115.201
Mahogany Creek..............................................       44.159     -113.768       44.208     -113.702
Marble Creek................................................       44.983     -115.080       44.743     -115.017
Marsh Creek.................................................       44.329     -115.092       44.449     -115.231
Martin Creek................................................       44.426     -114.564       44.387     -114.495
Martin Creek................................................       44.117     -114.798       44.137     -114.725
Martindale Creek............................................       44.813     -114.545       44.825     -114.577
Mayfield Creek..............................................       44.552     -114.850       44.539     -114.798
Mayflower Creek.............................................       45.259     -115.602       45.248     -115.654
McCalla Creek...............................................       45.255     -115.128       45.414     -114.982
McConn Creek................................................       45.527     -114.243       45.504     -114.153
McHoney Creek...............................................       44.638     -114.610       44.670     -114.555
McKay Creek.................................................       44.475     -114.492       44.489     -114.551
McKee Creek.................................................       44.567     -114.672       44.577     -114.649
Meadow Creek................................................       44.990     -114.487       44.977     -114.471
Meadow Creek................................................       44.863     -115.373       44.902     -115.328
Meadow Creek - mouth to Trap................................       44.316     -115.089       44.306     -115.053
Meridian Creek..............................................       43.988     -114.257       44.011     -114.252
Middle Fork Elkhorn Creek...................................       44.628     -115.369       44.620     -115.291
Middle Fork Indian Creek....................................       44.856     -115.104       44.796     -115.133
Middle Fork Salmon River....................................       44.449     -115.231       45.296     -114.594
Middle Fork Smith Creek.....................................       45.157     -115.413       45.170     -115.381
Mill Creek..................................................       44.656     -113.657       44.766     -113.519
Mill Creek..................................................       44.470     -114.492       44.561     -114.275
Mill Creek..................................................       45.356     -115.520       45.331     -115.581
Mink Creek..................................................       44.865     -114.298       44.842     -114.331
Missouri Creek..............................................       45.028     -115.352       45.007     -115.395
Moccasin Creek..............................................       45.088     -114.090       45.153     -114.172
Monumental Creek............................................       44.903     -115.263       45.160     -115.130
Moose Creek.................................................       45.691     -113.945       45.654     -113.971
Moose Creek.................................................       45.318     -114.039       45.328     -114.042
Moose Creek.................................................       45.283     -115.293       45.356     -115.250
Moose Creek.................................................       44.853     -115.510       44.838     -115.484
Moose Jaw Creek.............................................       45.312     -115.118       45.278     -115.172
Morgan Creek................................................       44.675     -113.900       44.618     -113.964
Morgan Creek................................................       44.846     -114.262       44.612     -114.169
Mormon Creek................................................       44.499     -115.655       44.524     -115.696
Morse Creek.................................................       44.653     -113.709       44.569     -113.886
Moyer Creek.................................................       45.024     -114.312       44.900     -114.223
Musgrove Creek..............................................       45.096     -114.471       45.022     -114.313
My Creek....................................................       45.357     -115.004       45.338     -114.982
Mystery Creek...............................................       44.519     -114.775       44.490     -114.793
Napias Creek................................................       45.244     -114.024       45.137     -114.218
Nasty Creek.................................................       44.877     -115.697       44.879     -115.630
Nelson Creek................................................       44.499     -114.805       44.540     -114.804
Nethker Creek...............................................       45.249     -115.972       45.265     -115.906
Nick Creek..................................................       44.927     -115.795       44.926     -115.855
Ninemile Creek..............................................       44.414     -114.583       44.445     -114.605
No Name Creek...............................................       45.361     -115.225       45.322     -115.234
North Fork Bear Creek.......................................       44.826     -115.483       44.824     -115.437
North Fork Big Creek........................................       44.552     -113.593       44.442     -113.601
North Fork Bowery Creek.....................................       44.049     -114.366       44.032     -114.401

[[Page 64049]]

 
North Fork Buckhorn Creek...................................       44.928     -115.775       44.941     -115.868
North Fork Camp Creek.......................................       44.888     -115.691       44.924     -115.629
North Fork Dollar Creek.....................................       44.715     -115.707       44.718     -115.710
North Fork Elk Creek........................................       44.527     -115.459       44.485     -115.453
North Fork Elkhorn Creek....................................       44.638     -115.363       44.625     -115.277
North Fork Fitsum Creek.....................................       44.985     -115.884       44.999     -115.760
North Fork Lick Creek.......................................       45.072     -115.784       45.075     -115.885
North Fork Little Timber Creek..............................       44.605     -113.445       44.583     -113.513
North Fork Morgan Creek.....................................       44.710     -113.830       44.675     -113.900
North Fork Riordan Creek....................................       44.867     -115.447       44.862     -115.389
North Fork Salmon River.....................................       45.702     -113.990       45.405     -113.994
North Fork Sand Creek.......................................       44.642     -115.497       44.656     -115.451
North Fork Sheep Creek......................................       45.483     -113.774       45.482     -113.837
North Fork Sheep Creek......................................       44.648     -114.964       44.649     -115.018
North Fork Sheep Creek......................................       45.039     -115.584       45.059     -115.557
North Fork Six-bit Creek....................................       44.670     -115.763       44.711     -115.782
North Fork Smith Creek......................................       45.188     -115.346       45.197     -115.352
North Fork Sulphur Creek....................................       44.597     -115.466       44.554     -115.440
North Fork Wolf Fang Creek..................................       45.216     -115.444       45.212     -115.393
Norton Creek................................................       44.890     -114.902       44.827     -114.794
Oompaul Creek...............................................       45.034     -115.736       45.054     -115.717
Opal Creek..................................................       44.898     -114.278       44.896     -114.315
Opal Lake...................................................       44.899     -114.281               ...........
Otter Creek.................................................       44.869     -114.249       44.860     -114.291
Our Creek...................................................       45.364     -115.000       45.354     -114.976
Owl Creek...................................................       45.474     -114.383       45.318     -114.448
Pahsimeroi River............................................       44.157     -113.704       44.692     -114.049
Panther Creek...............................................       44.829     -114.295       45.316     -114.406
Papoose Creek...............................................       45.174     -114.721       45.273     -114.821
Papoose Creek...............................................       44.796     -115.278       44.837     -115.246
Paradise Creek..............................................       45.121     -115.765       45.123     -115.727
Park Creek..................................................       44.734     -115.551       44.724     -115.593
Parker Creek................................................       44.622     -114.597       44.608     -114.540
Parks Creek.................................................       44.955     -115.536       44.970     -115.531
Partridge Creek.............................................       45.287     -116.218       45.408     -116.127
Patterson Creek.............................................       44.635     -113.653       44.614     -113.966
Peanut Creek................................................       44.688     -115.486       44.663     -115.454
Pepper Creek................................................       44.949     -115.351       44.916     -115.384
Perkins Lake................................................       43.929     -114.841               ...........
Pete Creek..................................................       45.298     -115.926       45.285     -115.979
Petit Lake..................................................       43.980     -114.879               ...........
Pettit Lake Creek...........................................       43.976     -114.902       43.988     -114.841
Phelan Creek................................................       45.146     -114.042       45.167     -114.161
Pierce Creek................................................       45.670     -113.933       45.621     -113.964
Pigtail Creek...............................................       44.122     -114.736       44.129     -114.727
Pine Creek..................................................       45.282     -114.168       45.364     -114.300
Pioneer Creek - Loon........................................       44.521     -114.865       44.441     -114.895
Pistol Creek................................................       44.644     -115.443       44.724     -115.150
Poet Creek..................................................       45.722     -115.034       45.754     -115.073
Poker Creek.................................................       44.445     -115.367       44.429     -115.335
Pole Creek..................................................       43.964     -114.691       43.926     -114.810
Pole Creek..................................................       45.335     -115.160       45.308     -115.182
Pole Creek..................................................       44.361     -115.367       44.386     -115.380
Pole Creek-Camas............................................       44.763     -114.675       44.794     -114.595
Pony Creek..................................................       45.194     -114.138       45.187     -114.059
Pony Creek..................................................       45.179     -115.704       45.187     -115.563
Porcupine Creek.............................................       44.890     -115.499       44.902     -115.538
Porphyry Creek..............................................       45.069     -114.434       45.004     -114.334
Porter Creek................................................       44.470     -115.540       44.457     -115.451
Profile Creek...............................................       45.053     -115.417       44.957     -115.429
Prospect Creek..............................................       44.357     -114.985       44.394     -114.986
Pruvan Creek................................................       45.498     -113.821       45.467     -113.790
Pup Creek...................................................       45.378     -115.147       45.413     -115.139
Quartz Creek................................................       45.048     -115.497       44.970     -115.478
Queen Creek.................................................       45.400     -115.049       45.458     -115.110
Raines Creek................................................       45.332     -115.501       45.308     -115.591
Rams Creek..................................................       44.861     -114.453       44.871     -114.456
Ranch Creek.................................................       45.374     -115.186       45.404     -115.234
Rapid River.................................................       44.551     -115.008       44.680     -115.153
Rapid River.................................................       45.114     -116.507       45.374     -116.356

[[Page 64050]]

 
Rapps Creek.................................................       45.268     -114.172       45.213     -114.164
Rat Creek...................................................       44.566     -114.785       44.588     -114.826
Rattlesnake Creek...........................................       45.249     -115.518       45.221     -115.492
Raven Creek.................................................       45.550     -115.161       45.517     -115.195
Red Top Creek...............................................       45.362     -115.266       45.384     -115.292
Redfish Lake................................................       44.117     -114.932               ...........
Redfish Lake Creek..........................................       44.099     -114.954       44.169     -114.899
Reeves Creek................................................       44.686     -115.619       44.667     -115.667
Rhett Creek.................................................       45.476     -115.408       45.472     -115.394
Rice Creek..................................................       44.510     -115.645       44.575     -115.686
Richardson Creek............................................       45.539     -115.261       45.474     -115.240
Rim Creek...................................................       45.281     -115.383       45.336     -115.330
Riordan Creek...............................................       44.808     -115.392       44.907     -115.486
Riordan Lake................................................       44.850     -115.439               ...........
Roaring Creek...............................................       45.259     -114.646       45.241     -114.615
Rock Creek..................................................       44.639     -115.543       44.600     -115.593
Rock Creek-Loon.............................................       44.754     -114.671       44.674     -114.741
Rocky Creek.................................................       44.521     -113.434       44.535     -113.505
Rooster Creek...............................................       45.309     -115.490       45.328     -115.437
Root Creek..................................................       45.382     -114.993       45.362     -114.964
Royal Creek.................................................       45.525     -116.098       45.525     -116.134
Rubie Creek.................................................       45.546     -116.079       45.543     -116.026
Ruby Creek..................................................       45.190     -115.915       45.258     -115.879
Rush Creek..................................................       44.536     -114.652       44.578     -114.614
Rush Creek..................................................       44.933     -114.991       45.105     -114.861
Ryan Creek..................................................       45.019     -115.395       45.033     -115.380
Sabe Creek..................................................       45.681     -114.949       45.507     -115.025
Sack Creek..................................................       44.320     -115.352       44.359     -115.408
Salmon River................................................       43.797     -114.775       45.856     -116.795
Salt Creek..................................................       44.984     -114.297       44.979     -114.223
Salt Creek..................................................       44.973     -115.325       44.949     -115.353
Sand Creek..................................................       44.632     -115.526       44.609     -115.414
Sand Creek..................................................       45.327     -115.863       45.307     -115.821
Schissler Creek.............................................       45.320     -115.780       45.328     -115.708
Seafoam Creek...............................................       44.518     -115.119       44.542     -115.065
Secesh River................................................       45.256     -115.897       45.025     -115.707
Sharkey Creek...............................................       45.222     -114.109       45.212     -114.048
Sheep Creek.................................................       45.482     -113.837       45.504     -113.954
Sheep Creek.................................................       44.770     -114.483       44.769     -114.516
Sheep Creek.................................................       44.649     -115.018       44.647     -115.058
Sheep Creek.................................................       44.708     -115.561       44.698     -115.613
Sheep Creek.................................................       45.049     -115.637       45.049     -115.515
Sheep Creek.................................................       45.614     -115.697       45.468     -115.811
Sheep Creek-Lmf.............................................       44.915     -114.904       44.943     -114.727
Sheep Trail Creek...........................................       44.360     -115.452       44.337     -115.448
Shell Creek.................................................       44.632     -114.834       44.613     -114.789
Ship Island Creek...........................................       45.152     -114.603       45.174     -114.633
Ship Island Lake <greek-i>1.................................       45.166     -114.625               ...........
Shoban Lake.................................................       45.153     -114.602               ...........
Short Creek.................................................       44.773     -113.797       44.788     -113.768
Short Creek.................................................       44.313     -114.856       44.291     -114.872
Shovel Creek................................................       45.034     -114.444       45.000     -114.479
Silge Creek.................................................       45.545     -115.248       45.517     -115.225
Silver Creek................................................       44.852     -114.344       44.830     -114.502
Silver Rule Creek...........................................       44.146     -114.582       44.207     -114.597
Six-Bit Creek...............................................       44.645     -115.809       44.686     -115.707
Sixmile Creek...............................................       44.385     -114.596       44.413     -114.638
Slate Creek.................................................       44.154     -114.630       44.256     -114.564
Slate Creek.................................................       45.625     -116.055       45.626     -116.046
Slaughter Creek.............................................       45.297     -115.610       45.261     -115.673
Smith Creek.................................................       45.170     -115.381       45.152     -115.298
Smith Creek.................................................       45.241     -115.528       45.280     -115.583
Snowslide Creek.............................................       45.045     -115.282       45.098     -115.157
Soldier Creek...............................................       45.007     -114.882       45.029     -114.727
Soldier Creek...............................................       44.528     -115.202       44.626     -115.213
South Fork Bear Creek.......................................       44.826     -115.483       44.817     -115.458
South Fork Big Creek........................................       44.385     -113.476       44.442     -113.601
South Fork Blackmare Creek..................................       44.770     -115.804       44.809     -115.748
South Fork Buckhorn Creek...................................       44.840     -115.824       44.890     -115.824
South Fork Camas Creek......................................       44.730     -114.641       44.721     -114.499

[[Page 64051]]

 
South Fork Chamberlain Creek................................       45.336     -115.330       45.278     -115.353
South Fork Cottonwood Creek.................................       44.563     -114.781       44.621     -114.760
South Fork Dillinger Creek..................................       45.495     -115.156       45.455     -115.169
South Fork East Fork Salmon River...........................       43.848     -114.567       43.929     -114.555
South Fork Elk Creek........................................       45.136     -115.509       45.079     -115.467
South Fork Fitsum Creek.....................................       45.000     -115.763       44.970     -115.775
South Fork Fourmile Creek...................................       44.860     -115.680       44.814     -115.665
South Fork John Day Creek...................................       45.571     -116.229       45.555     -116.226
South Fork Moyer Creek......................................       44.958     -114.294       44.879     -114.227
South Fork Rush Creek.......................................       44.965     -114.929       45.014     -114.979
South Fork Salmon River.....................................       44.493     -115.714       45.378     -115.513
South Fork Sheep Creek......................................       45.449     -113.801       45.482     -113.837
South Fork Sheep Creek......................................       44.603     -115.007       44.649     -115.018
South Fork Sheep Creek......................................       45.036     -115.623       44.984     -115.604
South Fork Smith Creek......................................       45.149     -115.420       45.170     -115.381
South Fork Threemile Creek..................................       45.307     -115.929       45.315     -115.886
South Fork Warm Spring Creek................................       44.568     -114.543       44.578     -114.552
South Fork Whimstick Creek..................................       45.284     -115.031       45.243     -115.045
Spider Creek................................................       44.697     -114.484       44.676     -114.512
Springfield Creek...........................................       44.789     -115.298       44.764     -115.313
Squaw Creek.................................................       45.504     -114.258       45.399     -114.169
Squaw Creek.................................................       44.249     -114.455       44.456     -114.504
Starvation Creek............................................       45.358     -114.934       45.323     -114.980
Station Creek...............................................       45.352     -115.521       45.355     -115.473
Stoddard Creek..............................................       45.235     -114.668       45.243     -114.687
Sugar Creek.................................................       44.936     -115.337       44.975     -115.246
Sulphur Creek...............................................       44.510     -115.519       44.555     -115.298
Sulphur Creek-Rapid.........................................       44.562     -115.162       44.586     -115.073
Summit Creek................................................       45.172     -115.916       45.256     -115.897
Sunday Creek................................................       44.341     -114.970       44.349     -114.906
Tamarack Creek..............................................       44.984     -115.270       44.959     -115.390
Tater Creek.................................................       44.661     -113.840       44.632     -113.903
Tenmile Creek...............................................       44.484     -114.647       44.465     -114.582
Thirty-Eight Creek..........................................       44.713     -115.413       44.673     -115.396
Thomas Creek................................................       44.705     -115.028       44.715     -115.012
Thompson Creek..............................................       44.284     -114.523       44.284     -114.523
Threemile Creek.............................................       45.334     -115.891       45.299     -115.930
Tie Creek...................................................       45.017     -115.770       45.037     -115.762
Trail Creek.................................................       45.215     -114.234       45.250     -114.320
Trail Creek.................................................       44.976     -114.532       44.964     -114.490
Trail Creek.................................................       44.628     -115.791       44.635     -115.718
Trail Creek-Loon............................................       44.506     -114.960       44.543     -114.859
Trail Creek-Marble..........................................       44.952     -114.935       44.841     -115.009
Trapper Creek...............................................       44.504     -114.618       44.597     -114.603
Trapper Creek...............................................       44.774     -115.405       44.831     -115.514
Tumbull Creek...............................................       45.523     -116.093       45.533     -116.136
Twelvemile Creek............................................       44.497     -114.615       44.478     -114.565
Twin Creek..................................................       45.591     -114.082       45.608     -113.965
Twist Creek.................................................       45.633     -114.961       45.628     -114.926
Tyndall Creek...............................................       44.562     -115.749       44.580     -115.685
Unnamed.....................................................       44.618     -113.964       44.670     -114.018
Unnamed.....................................................       44.670     -114.018       44.667     -114.025
Unnamed.....................................................       44.632     -113.903       44.618     -113.964
Unnamed.....................................................       44.565     -113.881       44.562     -113.877
Unnamed.....................................................       44.565     -113.881       44.569     -113.886
Unnamed - didgitized........................................       44.766     -113.519       44.769     -113.515
Unnamed - digitized.........................................       44.562     -113.877       44.557     -113.881
Unnamed - digitized.........................................       44.565     -113.879       44.565     -113.881
Unnamed - digitized.........................................       44.667     -114.025       44.665     -114.030
Unnamed - Diversion between Geertson Creek and Kirtley Creek       45.175     -113.816       45.132     -113.770
Unnamed - North Fork Lake Creek.............................       45.015     -114.068       45.009     -114.017
Unnamed - North Fork Mayflower Creek........................       45.245     -115.647       45.254     -115.635
Unnamed - Off Buck Creek....................................       44.767     -115.485       44.761     -115.477
Unnamed - Off Burntlog Creek................................       44.686     -115.468       44.680     -115.455
Unnamed - Off Corral Creek..................................       44.840     -114.199       44.804     -114.225
Unnamed - Off Deep Creek....................................       45.080     -114.092       45.064     -114.122
Unnamed - Off Mckay Creek...................................       44.445     -114.526       44.477     -114.526
Unnamed - Off Mormon Creek..................................       44.509     -115.676       44.498     -115.674
Unnamed - Off Rice Creek....................................       44.561     -115.644       44.551     -115.656
Unnamed - Off South Fork Salmon River.......................       44.556     -115.683       44.552     -115.707

[[Page 64052]]

 
Unnamed - Off Trail Creek...................................       44.599     -115.803       44.626     -115.746
Unnamed - Off Unnamed to Buck Creek.........................       44.767     -115.484       44.769     -115.479
Unnamed - Off Unnamed to Burntlog Creek.....................       44.730     -115.482       44.720     -115.463
Unnamed - to Knapp Creek....................................       44.421     -115.036       44.433     -115.004
Unnamed 1 - Off Curtis Creek................................       44.586     -115.804       44.609     -115.746
Unnamed 2 - Off Curtis Creek................................       44.568     -115.794       44.594     -115.753
Unnamed Lake on Meadow Creek................................       44.890     -115.351               ...........
Unnamed to Bearskin Creek...................................       44.374     -115.500       44.358     -115.523
Unnamed Trib 1-Off Trapper Creek............................       44.794     -115.462       44.800     -115.452
Unnamed Trib 2-Off Trapper Creek............................       44.795     -115.441       44.781     -115.427
Unnamed Trib 3- Off Trapper Creek...........................       44.772     -115.434       44.793     -115.465
Unnamed Tributary to Pete Creek.............................       45.281     -115.955       45.272     -115.967
Unnamed Tributary to Threemile Creek........................       45.323     -115.912       45.317     -115.894
Unnamed Tributary to West Fork Elk Creek....................       45.069     -115.483       45.095     -115.514
Valley Creek................................................       44.377     -114.961       44.225     -114.928
Van Buren Creek.............................................       45.536     -116.169       45.532     -116.083
Van Horn Creek..............................................       44.785     -114.338       44.757     -114.257
Vanity Creek................................................       44.481     -115.077       44.553     -115.062
Vein Creek..................................................       45.008     -115.472       45.056     -115.455
Victor Creek................................................       45.147     -115.937       45.182     -115.822
Victor Creek................................................       45.510     -116.101       45.515     -116.127
Vine Creek..................................................       45.638     -114.001       45.611     -113.967
Wapiti Creek................................................       45.335     -115.022       45.309     -115.074
Wardenhoff Creek............................................       44.822     -115.518       44.832     -115.568
Warm Lake...................................................       44.645     -115.670               ...........
Warm Lake Creek.............................................       44.653     -115.662       44.666     -115.699
Warm Spring Creek...........................................       44.609     -114.482       44.653     -114.737
Warm Springs Creek..........................................       44.059     -114.614       44.254     -114.676
Warren Creek................................................       45.237     -115.676       45.397     -115.593
Weasel Creek................................................       44.888     -114.273       44.887     -114.306
Webfoot Creek...............................................       45.217     -115.696       45.237     -115.676
West Fork Buckhorn Creek....................................       44.917     -115.743       44.900     -115.858
West Fork Camas Creek.......................................       44.819     -114.655       44.831     -114.504
West Fork Chamberlain Creek.................................       45.463     -115.185       45.383     -115.167
West Fork East Fork Salmon River............................       43.918     -114.656       43.929     -114.555
West Fork Elk Creek.........................................       44.480     -115.521       44.479     -115.458
West Fork Elk Creek.........................................       45.061     -115.520       45.147     -115.512
West Fork Enos Creek........................................       45.148     -115.804       45.143     -115.837
West Fork Hayden Creek......................................       44.697     -113.823       44.705     -113.757
West Fork Herd Creek........................................       43.990     -114.225       44.058     -114.234
West Fork Indian Creek......................................       45.489     -114.199       45.475     -114.139
West Fork Little Loon Creek.................................       44.666     -114.977       44.710     -114.935
West Fork Mayfield Creek....................................       44.539     -114.798       44.465     -114.732
West Fork Monumental Creek..................................       45.034     -115.276       45.005     -115.140
West Fork Morgan Creek......................................       44.734     -114.394       44.681     -114.244
West Fork North Fork Salmon River...........................       45.667     -114.003       45.654     -113.971
West Fork Pahsimeroi River..................................       44.092     -113.750       44.157     -113.704
West Fork Rapid River.......................................       45.230     -116.538       45.307     -116.420
West Fork Springfield Creek.................................       44.780     -115.383       44.786     -115.321
West Fork Thomas Creek......................................       44.682     -115.055       44.705     -115.028
West Fork Whimstick Creek...................................       45.294     -115.031       45.291     -115.037
West Fork Yankee Fork.......................................       44.388     -114.933       44.351     -114.727
West Pass Creek.............................................       43.893     -114.419       43.988     -114.491
Whangdoodle Creek...........................................       45.150     -115.797       45.181     -115.738
Whimstick Creek.............................................       45.241     -115.054       45.378     -115.000
White Goat Creek............................................       44.726     -114.416       44.741     -114.489
Wickiup Creek-Loon..........................................       44.598     -114.659       44.606     -114.597
Willey Creek................................................       45.043     -115.628       45.061     -115.604
Williams Lake...............................................       45.016     -113.976               ...........
Willow Basket Creek.........................................       45.192     -115.895       45.186     -115.832
Willow Creek................................................       44.447     -114.446       44.428     -114.490
Willow Creek................................................       45.356     -115.858       45.331     -115.950
Wilson Creek................................................       45.143     -114.589       45.033     -114.724
Wimpey Creek................................................       45.098     -113.721       45.176     -113.598
Wind River..................................................       45.605     -115.918       45.455     -115.942
Winnemucca Creek............................................       44.485     -114.963       44.436     -115.059
Woods Creek.................................................       45.535     -114.443       45.505     -114.460
Woodtick Creek..............................................       44.973     -114.192       45.046     -114.283
Woodtick Creek..............................................       44.808     -114.680       44.884     -114.626
Wright Creek................................................       44.746     -113.836       44.783     -113.755

[[Page 64053]]

 
Wyoming Creek...............................................       44.355     -115.342       44.425     -115.321
Yankee Fork.................................................       44.510     -114.589       44.270     -114.735
Yellow Jacket Creek.........................................       45.145     -116.445       45.137     -116.413
Yellowbelly Creek...........................................       43.981     -114.928       44.000     -114.869
Yellowbelly Lake............................................       44.001     -114.876               ...........
Yellowjacket Creek..........................................       45.103     -114.536       44.892     -114.645
Zena Creek..................................................       45.041     -115.748       45.057     -115.732
----------------------------------------------------------------------------------------------------------------

    (iii) No waterbodies are excluded from critical habitat designation 
in this unit.
    (iv) Map of Unit 27, Salmon River - East Half follows:
BILLING CODE 4310-55-S

[[Page 64054]]

[GRAPHIC] [TIFF OMITTED] TR18OC10.029

BILLING CODE 4310-55-C
(36) Unit 27: Salmon River - West Half
    (i) The entire Salmon River unit consists of 7,376.5 km (4,583.5 
mi) of streams and 1,683.8 ha (4,160.6 ac) of lakes and reservoirs. The 
unit is located in central Idaho.
    (ii) See paragraph (e)(35)(ii) of this entry for a complete list of 
individual waterbodies in this unit.

[[Page 64055]]

    (iii) No waterbodies are excluded from critical habitat designation 
in this unit.
    (iv) Map of Unit 27, Salmon River - West Half follows:
BILLING CODE 4310-55-S
[GRAPHIC] [TIFF OMITTED] TR18OC10.030


[[Page 64056]]


BILLING CODE 4310-55-C
(37) Unit 28: Little Lost River
    (i) This unit consists of 89.2 km (55.4 mi) of streams. The unit is 
located in eastern Idaho.
    (ii) Individual waterbodies in the unit are bounded by the 
following coordinates:

----------------------------------------------------------------------------------------------------------------
                                                                 Stream       Stream
                                                              Begin Point  Begin Point   Stream End   Stream End
                       Waterbody Name                           or Lake      or Lake       Point        Point
                                                                 Center       Center      Latitude    Longitude
                                                                Latitude    Longitude
----------------------------------------------------------------------------------------------------------------
Camp Creek..................................................       44.408     -113.433       44.411     -113.418
Firebox Creek...............................................       44.434     -113.363       44.443     -113.380
Hawley Creek................................................       44.361     -113.430       44.379     -113.404
Iron Creek..................................................       44.387     -113.435       44.390     -113.461
Iron Creek..................................................       44.389     -113.437       44.387     -113.435
Jackson Creek...............................................       44.372     -113.454       44.380     -113.413
Left Fork Iron Creek........................................       44.384     -113.447       44.387     -113.435
Mill Creek..................................................       44.387     -113.345       44.357     -113.375
North Fork Squaw Creek......................................       44.379     -113.330       44.356     -113.330
Redrock Creek...............................................       44.417     -113.433       44.414     -113.419
Right Fork Little Lost River................................       44.449     -113.370       44.446     -113.378
Sawmill Creek...............................................       44.452     -113.376       44.204     -113.299
Slide Creek.................................................       44.433     -113.442       44.432     -113.437
Smithie Fork................................................       44.430     -113.394       44.467     -113.385
Squaw Creek.................................................       44.375     -113.306       44.375     -113.306
Timber Creek................................................       44.394     -113.409       44.453     -113.450
Unnamed - Off Squaw Creek...................................       44.360     -113.315       44.359     -113.326
Warm Creek..................................................       44.310     -113.302       44.306     -113.338
----------------------------------------------------------------------------------------------------------------

    (iii) No waterbodies are excluded from critical habitat designation 
in this unit.
    (iv) Map of Unit 28, Little Lost River follows:
BILLING CODE 4310-55-S

[[Page 64057]]

[GRAPHIC] [TIFF OMITTED] TR18OC10.031

BILLING CODE 4310-55-C
(38) Unit 29: Coeur d'Alene River Basin
    (i) This unit consists of 821.5 km (510.5 mi) of streams and 
12,606.9 ha (31,152.1 ac) of lakes and reservoirs. The unit is located 
in northern Idaho.
    (ii) Individual waterbodies in the unit are bounded by the 
following coordinates:

[[Page 64058]]



----------------------------------------------------------------------------------------------------------------
                                                                 Stream       Stream
                                                              Begin Point  Begin Point   Stream End   Stream End
                       Waterbody Name                           or Lake      or Lake       Point        Point
                                                                 Center       Center      Latitude    Longitude
                                                                Latitude    Longitude
----------------------------------------------------------------------------------------------------------------
Bad Bear Creek..............................................       47.045     -115.460       47.045     -115.460
Bean Creek..................................................       47.005     -115.271       46.993     -115.193
Beaver Creek................................................       47.083     -115.356       47.064     -115.481
Big Elk Creek...............................................       47.804     -116.276       47.775     -116.374
Bluebells Creek.............................................       47.041     -115.157       47.050     -115.149
Boulder Creek...............................................       47.227     -116.020       47.149     -115.963
Buckskin Creek..............................................       47.987     -116.226       48.034     -116.200
California Creek............................................       47.041     -115.160       47.004     -115.178
Cascade Creek (St. Joe trib)................................       47.044     -115.171       47.057     -115.162
Coeur d'Alene Lake..........................................       47.525     -116.794               ...........
Coeur d'Alene River.........................................       47.460     -116.799       47.557     -116.258
Cougar Creek................................................       47.640     -116.192       47.732     -116.306
Delaney Creek...............................................       47.062     -115.998       47.059     -115.987
Dolly Creek.................................................       47.126     -115.255       47.140     -115.223
Downey Creek................................................       47.778     -116.037       47.746     -116.075
Eagle Creek.................................................       47.644     -115.922       47.652     -115.904
East Fork Downey Creek......................................       47.746     -116.075       47.723     -116.079
East Fork Steamboat Creek...................................       47.716     -116.200       47.787     -116.205
Entente Creek...............................................       47.231     -115.494       47.271     -115.478
Falls Creek.................................................       47.787     -115.955       47.811     -115.878
Fly Creek...................................................       47.113     -115.386       47.081     -115.490
Freezeout Creek.............................................       47.071     -116.009       47.027     -116.036
Gold Creek..................................................       47.151     -115.409       47.224     -115.354
Heller Creek................................................       47.061     -115.221       47.091     -115.177
Homestead Creek.............................................       47.109     -116.058       47.123     -116.038
Independence Creek..........................................       47.877     -116.209       47.862     -116.428
Little Lost Fork............................................       47.862     -116.002       47.862     -116.046
Marble Creek................................................       47.251     -116.022       47.021     -116.026
Medicine Creek..............................................       47.028     -115.150       47.060     -115.132
Mill Creek..................................................       46.997     -115.227       46.971     -115.214
Mosquito Creek..............................................       48.018     -116.245       48.055     -116.229
My Creek....................................................       46.971     -115.377       46.946     -115.375
North Fork Bean Creek.......................................       47.005     -115.235       47.014     -115.199
North Fork Coeur d'Alene River..............................       47.557     -116.258       48.005     -116.322
North Grizzly Creek.........................................       47.753     -116.054       47.717     -116.061
Prichard Creek..............................................       47.658     -115.977       47.644     -115.922
Quartz Creek................................................       47.201     -115.517       47.231     -115.494
Red Ives Creek..............................................       47.056     -115.352       47.043     -115.279
Ruby Creek..................................................       46.983     -115.368       46.961     -115.431
Sentinel Creek..............................................       47.861     -116.001       47.842     -116.032
Sherlock Creek..............................................       47.064     -115.219       47.064     -115.138
Shoshone Creek..............................................       47.703     -115.972       47.922     -115.995
Simmons Creek...............................................       47.137     -115.401       47.090     -115.232
Spruce Creek................................................       47.982     -116.226       47.993     -116.333
St. Joe River...............................................       47.354     -116.726       47.005     -115.119
Steamboat Creek.............................................       47.662     -116.155       47.716     -116.200
Tepee Creek.................................................       47.881     -116.133       47.739     -116.300
Timber Creek................................................       47.018     -115.369       46.991     -115.463
Tinear Creek................................................       47.002     -115.231       46.961     -115.256
Ulm Creek...................................................       47.861     -116.001       47.886     -115.974
West Fork Downey Creek......................................       47.746     -116.075       47.727     -116.107
West Fork Eagle Creek.......................................       47.652     -115.904       47.750     -115.804
West Fork Steamboat Creek...................................       47.716     -116.200       47.736     -116.278
Wisdom Creek................................................       47.009     -115.134       47.027     -115.088
Yankee Bar Creek............................................       47.049     -115.192       47.021     -115.195
Yellow Dog Creek............................................       47.776     -116.050       47.736     -116.114
----------------------------------------------------------------------------------------------------------------

    (iii) No waterbodies are excluded from critical habitat designation 
in this unit.
    (iv) Map of Unit 29, Coeur d'Alene River Basin follows:
BILLING CODE 4310-55-S

[[Page 64059]]

[GRAPHIC] [TIFF OMITTED] TR18OC10.032

BILLING CODE 4310-55-C
(39) Unit 30: Kootenai River Basin
    (i) This unit consists of 522.5 km (324.7 mi) of streams and 
12,089.2 ha (29,873.0 ac) of lakes and reservoirs. The unit is located 
in northern Idaho and northwestern Montana.
    (ii) Individual waterbodies in the unit are bounded by the 
following coordinates:

[[Page 64060]]



----------------------------------------------------------------------------------------------------------------
                                                                 Stream       Stream
                                                              Begin Point  Begin Point   Stream End   Stream End
                       Waterbody Name                           or Lake      or Lake       Point        Point
                                                                 Center       Center      Latitude    Longitude
                                                                Latitude    Longitude
----------------------------------------------------------------------------------------------------------------
Ball Creek..................................................       48.787     -116.410       48.794     -116.420
Bear Creek..................................................       48.162     -115.654       48.184     -115.508
Blue Sky Creek..............................................       48.895     -114.776       48.887     -114.752
Boulder Creek...............................................       48.625     -116.052       48.613     -116.070
Bull Lake...................................................       48.247     -115.852               ...........
Callahan Creek..............................................       48.457     -115.882       48.435     -116.013
Caribou Creek...............................................       48.664     -116.400       48.659     -116.402
Clarence Creek..............................................       48.889     -114.799       48.930     -114.825
Deep Creek..................................................       48.708     -116.384       48.664     -116.400
East Fork Pipe Creek........................................       48.616     -115.619       48.692     -115.594
Fisher River................................................       48.069     -115.375       48.366     -115.324
Grave Creek.................................................       48.798     -114.953       48.927     -114.751
Keeler Creek................................................       48.360     -115.852       48.335     -115.961
Kootenai River..............................................       48.617     -116.048       48.617     -116.048
Lake Creek..................................................       48.360     -115.852       48.282     -115.859
Lake Koocanusa..............................................       48.727     -115.244               ...........
Libby Creek.................................................       48.121     -115.544       48.121     -115.544
Long Canyon Creek...........................................       48.961     -116.527       48.784     -116.652
Moyie River.................................................       48.715     -116.186       48.732     -116.176
Myrtle Creek................................................       48.739     -116.412       48.707     -116.430
North Callahan Creek........................................       48.435     -116.013       48.506     -116.192
North Fork Keeler Creek.....................................       48.342     -115.897       48.362     -115.934
O'Brien Creek...............................................       48.448     -115.867       48.531     -115.763
Pipe Creek..................................................       48.424     -115.607       48.616     -115.619
Quartz Creek................................................       48.438     -115.639       48.573     -115.690
Snow Creek..................................................       48.664     -116.403       48.665     -116.409
South Callahan Creek........................................       48.414     -116.049       48.435     -116.013
South Fork Keeler Creek.....................................       48.320     -115.927       48.333     -115.919
Tobacco River...............................................       48.897     -115.127       48.798     -114.953
Trout Creek.................................................       48.840     -116.411       48.835     -116.420
West Fisher Creek...........................................       48.069     -115.375       48.052     -115.555
West Fork Quartz Creek......................................       48.479     -115.654       48.523     -115.750
Wigwam River................................................       49.000     -114.801       48.965     -114.856
----------------------------------------------------------------------------------------------------------------

    (iii) Waterbodies associated with the following habitat 
conservation plan (HCP) totaling 66.2 km (41.1 mi) of streams have been 
excluded from critical habitat designation under section 4(b)(2) of the 
Act in this unit. These are waterbodies within the geographic area 
covered by the Plum Creek Native Fish Habitat Conservation Plan (HCP), 
including portions of the Kootenai River and Lake Koocanusa CHSUs.
    (iv) Map of Unit 30, Kootenai River Basin follows:
BILLING CODE 4310-55-S

[[Page 64061]]

[GRAPHIC] [TIFF OMITTED] TR18OC10.033

BILLING CODE 4310-55-C
(40) Unit 31: Clark Fork River Basin
    (i) This unit consists of 5,356.0 km (3,328.1 mi) of streams and 
119,620.1 ha (295,586.6 ac) of lakes and reservoirs. The unit is 
located in northwestern Montana and northern Idaho.
    (ii) Individual waterbodies in the unit are bounded by the 
following coordinates:

[[Page 64062]]



----------------------------------------------------------------------------------------------------------------
                                                                 Stream       Stream
                                                              Begin Point  Begin Point   Stream End   Stream End
                       Waterbody Name                           or Lake      or Lake       Point        Point
                                                                 Center       Center      Latitude    Longitude
                                                                Latitude    Longitude
----------------------------------------------------------------------------------------------------------------
Akokala Creek...............................................       48.881     -114.199       48.920     -114.167
Akokala Lake................................................       48.879     -114.199               ...........
Albert Creek................................................       46.972     -114.311       46.972     -114.311
Alder Creek.................................................       46.442     -113.826       46.471     -113.777
Arrow Lake..................................................       48.706     -113.885               ...........
Babcock Creek...............................................       47.366     -113.270       47.359     -113.353
Barker Creek................................................       46.100     -113.116       46.163     -113.116
Basin Creek.................................................       47.966     -112.996       47.935     -113.075
Bear Creek..................................................       48.234     -113.567       48.296     -113.384
Beatrice Creek..............................................       47.794     -115.103       47.775     -115.153
Belmont Creek...............................................       46.954     -113.570       47.054     -113.642
Bench Creek.................................................       48.869     -117.003       48.876     -117.014
Big Creek...................................................       48.604     -114.164       48.515     -114.327
Big Salmon Creek............................................       47.586     -113.420       47.567     -113.495
Big Salmon Lake.............................................       47.602     -113.387               ...........
Bitterroot River............................................       46.861     -114.118       45.944     -114.129
Blackfoot River.............................................       46.870     -113.891       47.043     -112.409
Blodgett Creek..............................................       46.304     -114.154       46.304     -114.154
Blue Joint Creek............................................       45.695     -114.314       45.600     -114.519
Boles Creek.................................................       47.119     -113.547       47.099     -113.731
Boulder Creek...............................................       46.343     -113.077       46.478     -113.238
Boulder Creek...............................................       45.817     -114.239       45.842     -114.272
Bowl Creek..................................................       47.996     -113.058       47.966     -112.996
Bowles Creek................................................       46.192     -113.748       46.207     -113.813
Bowman Creek................................................       48.906     -114.118       48.974     -114.064
Bowman Lake.................................................       48.864     -114.161               ...........
Bull River..................................................       48.024     -115.845       48.193     -115.816
Bunker Creek................................................       47.830     -113.416       47.829     -113.582
Burnt Fork Bitterroot River.................................       46.542     -114.100       46.304     -113.838
Butte Cabin Creek...........................................       46.482     -113.684       46.520     -113.768
Cabinet Gorge Reservoir.....................................       48.036     -115.873               ...........
Cache Creek.................................................       46.813     -114.640       46.725     -114.759
Calispell Creek.............................................       48.321     -117.308       48.321     -117.308
Calispell Lake..............................................       48.274     -117.333               ...........
Camas Creek.................................................       48.664     -113.935       48.737     -113.883
Caribou Creek...............................................       48.748     -116.865       48.798     -116.815
Carpp Creek.................................................       46.025     -113.428       46.032     -113.525
Cedar Creek.................................................       47.048     -115.044       47.178     -114.863
Cedar Creek.................................................       48.893     -116.916       48.880     -116.960
Cedar Creek.................................................       48.742     -117.412       48.845     -117.522
Cerulean Lake...............................................       48.872     -114.057               ...........
Char Creek..................................................       48.291     -116.074       48.262     -116.068
Clack Creek.................................................       48.012     -113.090       47.988     -113.106
Clark Fork River............................................       46.601     -113.037       47.961     -115.734
Clearwater Lake.............................................       47.385     -113.560               ...........
Clearwater River............................................       47.067     -113.391       47.395     -113.531
Clearwater River, E Fk......................................       47.342     -113.496       47.352     -113.581
Coal Creek..................................................       48.690     -114.194       48.698     -114.540
Cold Creek..................................................       47.547     -113.920       47.584     -113.757
Cooper Gulch................................................       47.544     -115.592       47.513     -115.648
Copper Creek................................................       47.009     -112.558       47.060     -112.753
Copper Creek................................................       46.068     -113.539       45.948     -113.570
Cottonwood Creek............................................       47.025     -113.282       47.161     -113.346
Crow Creek..................................................       47.539     -115.547       47.525     -115.558
Crow Creek..................................................       47.525     -115.558       47.539     -115.547
Cyclone Creek...............................................       48.665     -114.239       48.712     -114.392
Cyclone Lake................................................       48.705     -114.301               ...........
Daly Creek..................................................       46.168     -113.911       46.250     -113.807
Danaher Creek...............................................       47.445     -113.183       47.275     -113.014
Dead Horse Creek............................................       48.663     -114.279       48.659     -114.296
Deer Creek..................................................       45.595     -114.322       45.570     -114.510
Divide Creek................................................       46.043     -113.819       46.064     -113.968
Doctor Creek................................................       47.402     -113.485       47.407     -113.480
Doctor Lake.................................................       47.404     -113.481               ...........
Dolly Varden Creek..........................................       48.066     -113.245       47.995     -113.185
Dry Lake Creek..............................................       47.259     -113.904       47.308     -113.894
Dunham Creek................................................       47.103     -113.156       47.238     -113.317
East Branch LeClerc Creek...................................       48.534     -117.283       48.673     -117.189
East Fork Bitterroot River..................................       45.944     -114.129       45.911     -113.596
East Fork Bull River........................................       48.109     -115.783       48.091     -115.645

[[Page 64063]]

 
East Fork Creek.............................................       48.241     -116.113       48.262     -116.040
East Fork Crow Creek........................................       47.525     -115.558       47.519     -115.556
East Fork Reservoir.........................................       46.118     -113.375               ...........
East Fork Rock Creek........................................       46.103     -113.369       46.200     -113.500
East Fork Small Creek.......................................       48.328     -117.355       48.371     -117.399
East Fork Strawberry Creek..................................       48.064     -113.031       48.092     -112.992
East Fork Swift Creek.......................................       48.687     -114.583       48.757     -114.585
East River..................................................       48.371     -116.820       48.353     -116.853
Elk Creek...................................................       47.544     -113.742       47.480     -113.857
Fish Creek..................................................       47.003     -114.699       46.927     -114.697
Fishtrap Creek..............................................       47.713     -115.059       47.817     -115.152
Fitzsimmons Creek...........................................       48.735     -114.734       48.751     -114.618
Flathead Lake...............................................       47.885     -114.134               ...........
Flathead River..............................................       47.365     -114.777       48.467     -114.070
Flint Creek.................................................       46.528     -113.227       46.528     -113.227
Foster Creek................................................       46.164     -113.120       46.284     -113.110
Fourth of July Creek........................................       48.556     -117.273       48.557     -117.264
Fred Burr Creek.............................................       46.348     -114.152       46.357     -114.316
Frozen Creek................................................       49.000     -114.678       48.990     -114.738
Frozen Lake.................................................       48.999     -114.681               ...........
Gateway Creek...............................................       48.030     -113.022       48.046     -112.959
Goat Creek..................................................       47.749     -113.829       47.760     -113.657
Gold Creek..................................................       46.919     -113.677       47.058     -113.745
Gold Creek..................................................       46.398     -113.904       46.363     -113.931
Gold Creek..................................................       47.971     -116.455       47.953     -116.452
Gold Creek..................................................       48.811     -117.032       48.821     -116.974
Gordon Creek................................................       47.423     -113.439       47.434     -113.474
Granite Creek...............................................       48.145     -113.377       48.227     -113.333
Granite Creek...............................................       48.087     -116.428       48.060     -116.330
Granite Creek...............................................       48.639     -116.864       48.700     -117.030
Grant Creek.................................................       46.868     -114.104       47.036     -113.955
Graves Creek................................................       47.682     -115.410       47.718     -115.381
Grouse Creek................................................       48.403     -116.478       48.483     -116.229
Hallowat Creek..............................................       48.574     -114.317       48.625     -114.425
Harrison Creek..............................................       48.529     -113.751       48.574     -113.702
Harrison Lake...............................................       48.516     -113.771               ...........
Harvey Creek................................................       46.581     -113.574       46.707     -113.373
Hogback Creek...............................................       46.410     -113.703       46.440     -113.626
Holland Creek...............................................       47.451     -113.582       47.451     -113.572
Holland Lake................................................       47.448     -113.598               ...........
Hughes Creek................................................       45.621     -114.304       45.657     -114.044
Hughes Fork.................................................       48.805     -116.924       48.893     -117.001
Hungry Horse Reservoir......................................       48.201     -113.798               ...........
Indian Creek................................................       48.610     -116.837       48.634     -116.790
Indian Creek................................................       48.242     -117.153       48.299     -117.152
Jackson Creek...............................................       48.856     -117.002       48.854     -117.024
Jim Creek...................................................       47.648     -113.793       47.587     -113.898
Jocko River.................................................       47.195     -113.853       47.201     -113.924
Johnson Creek...............................................       48.131     -116.226       48.139     -116.230
Keokee Creek................................................       48.389     -116.698       48.407     -116.685
Kintla Creek................................................       48.975     -114.250       48.986     -114.064
Kintla Lake.................................................       48.959     -114.307               ...........
Kishenehn Creek.............................................       48.950     -114.412       49.000     -114.365
Lake Alva...................................................       47.313     -113.582               ...........
Lake Inez...................................................       47.282     -113.567               ...........
Lake Isabel.................................................       48.422     -113.494               ...........
Lake Marshall...............................................       47.288     -113.650               ...........
Lake McDonald...............................................       48.583     -113.926               ...........
Lake Pend Oreille...........................................       48.152     -116.410               ...........
Landers Fork................................................       46.965     -112.563       47.099     -112.569
LeClerc Creek...............................................       48.518     -117.284       48.534     -117.283
Lick Creek..................................................       45.939     -113.679       45.938     -113.718
Lightning Creek.............................................       48.140     -116.192       48.353     -116.176
Lime Creek..................................................       48.907     -116.957       48.894     -116.965
Lincoln Creek...............................................       48.592     -113.767       48.596     -113.759
Lincoln Lake................................................       48.591     -113.771               ...........
Lindbergh Lake..............................................       47.381     -113.734               ...........
Lion Creek..................................................       47.681     -113.816       47.670     -113.711
Lion Creek..................................................       48.736     -116.832       48.725     -116.673
Little Boulder Creek........................................       45.716     -114.278       45.726     -114.228

[[Page 64064]]

 
Little Joe Creek............................................       47.269     -115.141       47.297     -115.121
Little Salmon Creek.........................................       47.587     -113.611       47.654     -113.361
Little Stony Creek..........................................       46.293     -113.683       46.286     -113.775
Lodgepole Creek.............................................       47.182     -113.203       47.229     -113.271
Lodgepole Creek.............................................       48.115     -113.264       48.141     -113.133
Logging Creek...............................................       48.776     -114.020       48.784     -114.002
Logging Lake................................................       48.758     -114.075               ...........
Lolo Creek..................................................       46.712     -114.533       46.743     -114.061
Long Creek..................................................       48.157     -113.530       48.094     -113.497
Lost Creek..................................................       47.870     -113.849       47.873     -113.825
Lost Creek..................................................       47.118     -115.109       47.118     -115.109
Lost Horse Creek............................................       46.120     -114.306       46.120     -114.306
Lower Quartz Lake...........................................       48.807     -114.172               ...........
Lunch Creek.................................................       48.825     -117.399       48.820     -117.389
Malcom Creek................................................       48.982     -116.940       48.980     -116.931
Marshall Creek..............................................       47.279     -113.598       47.276     -113.727
Martin Creek................................................       45.930     -113.724       46.009     -113.812
Mathias Creek...............................................       48.669     -114.423       48.647     -114.472
McDonald Creek..............................................       48.506     -114.006       48.646     -113.848
McDonald Lake...............................................       47.421     -113.977               ...........
Meadow Creek................................................       46.128     -113.429       46.097     -113.441
Meadow Creek................................................       45.908     -113.781       45.813     -113.791
Middle Branch Le Clerc Creek................................       48.585     -117.262       48.654     -117.218
Middle Fork East River......................................       48.371     -116.820       48.386     -116.678
Middle Fork Flathead River..................................       48.468     -114.070       47.996     -113.058
Middle Fork Rock Creek......................................       46.001     -113.526       46.223     -113.522
Middle Quartz Lake..........................................       48.822     -114.142               ...........
Mill Creek..................................................       48.489     -117.266       48.447     -117.139
Mission Creek...............................................       47.320     -113.990       47.324     -113.974
Mission Reservoir...........................................       47.319     -114.008               ...........
Monture Creek...............................................       47.020     -113.236       47.268     -113.181
Moose Creek.................................................       45.922     -113.728       46.009     -113.708
Mormon Creek................................................       46.756     -114.115       46.697     -114.205
Morrell Creek...............................................       47.141     -113.461       47.342     -113.472
Morris Creek................................................       48.208     -116.081       48.224     -116.118
Morrison Creek..............................................       48.110     -113.311       48.237     -113.261
Nez Perce Fork..............................................       45.802     -114.268       45.734     -114.473
North Fork Blackfoot River..................................       46.985     -113.130       47.196     -112.887
North Fork Cold Creek.......................................       47.562     -113.812       47.555     -113.906
North Fork East River.......................................       48.371     -116.820       48.449     -116.735
North Fork Fish Creek.......................................       46.907     -114.806       46.932     -114.924
North Fork Flathead River...................................       48.469     -114.073       49.000     -114.475
North Fork Granite Creek....................................       48.700     -117.030       48.771     -117.067
North Fork Indian Creek.....................................       48.658     -116.719       48.634     -116.790
North Fork Jocko River......................................       47.201     -113.924       47.226     -113.816
North Fork Little Joe Creek.................................       47.203     -115.275       47.269     -115.141
North Fork Lost Creek.......................................       47.873     -113.825       47.896     -113.738
North Fork Of South Fork Tacoma Creek.......................       48.399     -117.362       48.435     -117.483
North Fork Rock Creek.......................................       46.212     -113.697       46.232     -113.756
North Gold Creek............................................       47.973     -116.453       47.975     -116.427
Noxon Rapids Reservoir......................................       47.892     -115.675               ...........
Nyack Creek.................................................       48.452     -113.797       48.490     -113.701
O'Brien Creek...............................................       46.837     -114.299       46.850     -114.103
Ole Creek...................................................       48.283     -113.599       48.316     -113.464
Oregon Gulch................................................       47.143     -114.968       47.122     -115.021
Overwhich Creek.............................................       45.674     -114.308       45.717     -114.081
Pack River..................................................       48.320     -116.383       48.603     -116.637
Painted Rocks Reservoir.....................................       45.701     -114.294               ...........
Park Creek..................................................       48.310     -113.614       48.420     -113.509
Pend Oreille River..........................................       48.989     -117.349       48.251     -116.538
Petty Creek.................................................       46.992     -114.447       46.849     -114.439
Piper Creek.................................................       47.675     -113.816       47.622     -113.956
Placid Creek................................................       47.116     -113.542       47.178     -113.675
Placid Lake.................................................       47.119     -113.525               ...........
Pocket Creek................................................       48.934     -114.079       48.955     -114.104
Poorman Creek...............................................       46.897     -112.653       46.897     -112.653
Porcupine Creek.............................................       48.267     -116.124       48.253     -116.157
Post Creek..................................................       47.416     -113.961       47.399     -113.893
Priest Lake.................................................       48.588     -116.865               ...........
Priest River................................................       48.173     -116.893       48.490     -116.905

[[Page 64065]]

 
Prospect Creek..............................................       47.592     -115.358       47.568     -115.677
Quartz Creek................................................       48.815     -114.166       48.839     -114.004
Quartz Lake.................................................       48.829     -114.102               ...........
Quintonkon Creek............................................       48.013     -113.768       48.026     -113.708
Railroad Creek..............................................       46.158     -113.886       46.167     -113.816
Rainbow Creek...............................................       48.855     -114.054       48.869     -114.054
Rainy Lake..................................................       47.339     -113.595               ...........
Ranch Creek.................................................       46.468     -113.578       46.583     -113.679
Rapid Creek.................................................       47.372     -113.055       47.382     -113.026
Rattle Creek................................................       48.326     -116.173       48.314     -116.101
Rattlesnake Creek...........................................       46.867     -113.986       47.098     -113.910
Red Meadow Creek............................................       48.805     -114.325       48.773     -114.543
Reynolds Creek..............................................       45.947     -113.718       45.957     -113.682
Rock Creek..................................................       46.725     -113.683       46.223     -113.522
Rock Creek..................................................       47.975     -115.744       48.044     -115.654
Rock Creek..................................................       48.923     -116.966       48.906     -116.971
Ross Fork...................................................       46.184     -113.526       46.184     -113.526
Ruby Creek..................................................       48.556     -117.343       48.568     -117.510
Saint Mary's Lake...........................................       47.261     -113.923               ...........
Saint Regis River...........................................       47.297     -115.090       47.349     -115.292
Salmon Lake.................................................       47.093     -113.404               ...........
Sand Basin Creek............................................       46.197     -113.704       46.153     -113.688
Savage Creek................................................       48.226     -116.029       48.248     -116.097
Scalp Creek.................................................       47.982     -113.042       47.957     -113.082
Schafer Creek...............................................       48.038     -113.270       48.071     -113.251
Seeley Lake.................................................       47.194     -113.510               ...........
Shorty Creek................................................       48.851     -114.594       48.818     -114.614
Skalkaho Creek..............................................       46.220     -114.163       46.071     -113.818
Slate Creek.................................................       45.698     -114.287       45.712     -114.166
Slate Creek.................................................       48.923     -117.333       48.927     -117.318
Sleeping Child Creek........................................       46.161     -114.160       46.033     -113.815
Small Creek.................................................       48.321     -117.308       48.337     -117.410
Soup Creek..................................................       47.837     -113.844       47.812     -113.751
South Boulder Creek.........................................       46.415     -113.201       46.415     -113.201
South Fork Bull River.......................................       48.170     -115.789       48.193     -115.816
South Fork Coal Creek.......................................       48.680     -114.346       48.674     -114.472
South Fork Fish Creek.......................................       46.927     -114.697       46.813     -114.640
South Fork Flathead River...................................       47.830     -113.416       47.833     -113.417
South Fork Granite Creek....................................       48.700     -117.030       48.691     -117.134
South Fork Indian Creek.....................................       48.624     -116.717       48.634     -116.790
South Fork Jocko River......................................       47.103     -113.768       47.195     -113.853
South Fork Little Joe Creek.................................       47.172     -115.224       47.269     -115.141
South Fork Lolo Creek.......................................       46.762     -114.266       46.605     -114.309
South Fork Lost Creek.......................................       47.868     -113.738       47.873     -113.825
South Fork Tacoma Creek.....................................       48.394     -117.324       48.432     -117.507
South Woodward Creek........................................       47.754     -113.858       47.717     -113.858
Spotted Bear River..........................................       47.924     -113.526       47.877     -113.212
Squeezer Creek..............................................       47.750     -113.816       47.717     -113.729
Stillwater River............................................       48.604     -114.657       48.789     -114.686
Stony Creek.................................................       46.274     -113.731       46.274     -113.731
Storm Lake Creek............................................       46.169     -113.154       46.075     -113.268
Strawberry Creek............................................       47.996     -113.058       48.111     -113.028
Strong Creek................................................       48.243     -116.303       48.264     -116.279
Sullivan Creek..............................................       48.050     -113.689       47.879     -113.657
Sullivan Creek..............................................       48.865     -117.371       48.955     -117.069
Sullivan Springs............................................       48.088     -116.412       48.084     -116.388
Swamp Creek.................................................       47.920     -115.689       47.994     -115.565
Swan Lake...................................................       47.955     -113.895               ...........
Swan River..................................................       47.346     -113.742       47.404     -113.718
Swift Creek.................................................       48.481     -114.425       48.654     -114.551
Tacoma Creek................................................       48.391     -117.289       48.445     -117.508
The Thorofare...............................................       48.740     -116.843       48.766     -116.865
Thompson River..............................................       47.576     -115.241       47.713     -115.059
Tillicum Creek..............................................       48.725     -117.071       48.729     -117.083
Tin Cup Creek...............................................       45.973     -114.349       46.016     -114.168
Tolan Creek.................................................       45.777     -113.827       45.856     -113.913
Trail Creek.................................................       48.013     -113.020       48.012     -112.946
Trail Creek.................................................       48.924     -114.386       48.933     -114.536
Trapper Creek...............................................       48.796     -116.897       48.851     -116.879
Trestle Creek...............................................       48.351     -116.235       48.283     -116.353

[[Page 64066]]

 
Trout Creek.................................................       47.030     -114.966       47.106     -114.897
Trout Lake..................................................       48.680     -113.910               ...........
Twelvemile Creek............................................       47.349     -115.292       47.465     -115.325
Twin Lakes Creek............................................       46.070     -113.221       46.169     -113.153
Two Bear Creek..............................................       46.111     -114.010       46.094     -113.897
Two Mouth Creek.............................................       48.674     -116.677       48.687     -116.837
Uleda Creek.................................................       48.388     -116.708       48.362     -116.696
Upper Kintla Lake...........................................       48.976     -114.176               ...........
Upper Priest Lake...........................................       48.785     -116.889               ...........
Upper Priest River..........................................       48.799     -116.912       48.995     -116.942
Upper Stillwater Lake.......................................       48.588     -114.637               ...........
Upper Whitefish Lake........................................       48.687     -114.579               ...........
Vermilion River.............................................       47.832     -115.535       47.879     -115.355
Ward Creek..................................................       47.274     -115.355       47.312     -115.234
Warm Springs Creek..........................................       46.210     -112.768       46.261     -113.137
Warm Springs Creek..........................................       45.860     -114.026       45.742     -114.070
Welcome Creek...............................................       46.566     -113.701       46.603     -113.768
Wellington Creek............................................       48.295     -116.174       48.290     -116.163
West Branch LeClerc Creek...................................       48.534     -117.283       48.701     -117.212
West Fork Bitterroot River..................................       45.621     -114.304       45.718     -114.281
West Fork Clearwater River..................................       47.256     -113.551       47.287     -113.745
West Fork Fish Creek........................................       46.927     -114.697       46.812     -114.891
West Fork Fishtrap Creek....................................       47.793     -115.224       47.816     -115.145
West Fork Gold Creek........................................       46.996     -113.686       47.032     -113.828
West Fork Rock Creek........................................       46.170     -113.762       46.171     -113.762
West Fork Swift Creek.......................................       48.654     -114.551       48.726     -114.653
West Fork Thompson River....................................       47.650     -115.174       47.714     -115.207
West Gold Creek.............................................       47.953     -116.452       47.930     -116.504
Whale Creek.................................................       48.849     -114.353       48.851     -114.594
Wheeler Creek...............................................       48.097     -113.730       48.066     -113.776
White River.................................................       47.588     -113.299       47.611     -113.204
Whitefish Lake..............................................       48.451     -114.381               ...........
Winchester Creek............................................       48.271     -117.343       48.329     -117.476
Woodward Creek..............................................       47.767     -113.880       47.777     -113.846
Wounded Buck Creek..........................................       48.280     -113.936       48.234     -113.963
Youngs Creek................................................       47.445     -113.183       47.282     -113.314
----------------------------------------------------------------------------------------------------------------

    (iii) Waterbodies associated with the following habitat 
conservation plan (HCP) totaling 209.0 km (129.9 mi) of streams and 
32.2 ha (79.7 ac) of lakes and reservoirs have been excluded from 
critical habitat designation under section 4(b)(2) of the Act in this 
unit. These are waterbodies within the geographic area covered by the 
Plum Creek Native Fish Habitat Conservation Plan (HCP), including 
portions of Lower Clark Fork River, Middle Clark Fork River, Upper 
Clark Fork River, Bitterroot River, Rock Creek, Blackfoot, Clearwater, 
Flathead, Swan, and South Fork CHSUs.
    (iv) Map of Unit 31, Clark Fork River Basin follows:
BILLING CODE 4310-55-S

[[Page 64067]]

[GRAPHIC] [TIFF OMITTED] TR18OC10.034

BILLING CODE 4310-55-C
(41) Unit 32: St. Mary River Basin
    (i) This unit consists of 34.7 km (21.6 mi) of streams and 1,669.3 
ha (4,125.0 ac) of lakes and reservoirs. The unit is located in 
northwestern Montana.
    (ii) Individual waterbodies in the unit are bounded by the 
following coordinates:

[[Page 64068]]



----------------------------------------------------------------------------------------------------------------
                                                                 Stream       Stream
                                                              Begin Point  Begin Point   Stream End   Stream End
                       Waterbody Name                           or Lake      or Lake       Point        Point
                                                                 Center       Center      Latitude    Longitude
                                                                Latitude    Longitude
----------------------------------------------------------------------------------------------------------------
Boulder Creek...............................................       48.776     -113.550       48.839     -113.460
Canyon Creek................................................       48.740     -113.647       48.730     -113.657
Cracker Lake................................................       48.744     -113.644               ...........
Divide Creek................................................       48.694     -113.421       48.751     -113.438
Kennedy Creek...............................................       48.851     -113.604       48.905     -113.409
Lee Creek...................................................       48.998     -113.601       48.919     -113.638
Lower St. Mary Lake.........................................       48.796     -113.423               ...........
Middle Fork Lee Creek.......................................       48.998     -113.550       48.978     -113.585
Otatso Creek................................................       48.894     -113.638       48.904     -113.621
Otatso Lake.................................................       48.892     -113.677               ...........
Red Eagle Creek.............................................       48.648     -113.510       48.630     -113.541
Red Eagle Lake..............................................       48.652     -113.507               ...........
Saint Mary River............................................       48.756     -113.425       48.844     -113.418
Slide Lakes - lower pool....................................       48.905     -113.616               ...........
Slide Lakes - upper pool....................................       48.902     -113.625               ...........
St. Mary Lake...............................................       48.699     -113.509               ...........
Swiftcurrent Creek..........................................       48.836     -113.429       48.839     -113.460
----------------------------------------------------------------------------------------------------------------

    (iii) Waterbodies associated with the following tribal lands 
totaling 82.1 km (51.0 mi) of streams and 886.1 ha (2,189.5 ac) of 
lakes and reservoirs have been excluded from critical habitat 
designation under section 4(b)(2) of the Act in this unit. These are 
waterbodies within the areas under management by the Blackfeet Tribe, 
within reservation boundaries, and waterbodies that are adjacent to:
    (A) Lands held in trust by the United States for their benefit;
    (B) Lands held in trust by the United States for any Indian Tribe 
or individual subject to restrictions by the United States against 
alienation;
    (C) Fee lands, either within or outside the reservation boundaries, 
owned by the tribal government; and
    (D) Fee lands within the reservation boundaries owned by individual 
Indians.
    (iv) Map of Unit 32, St. Mary River Basin follows:
BILLING CODE 4310-55-S

[[Page 64069]]

[GRAPHIC] [TIFF OMITTED] TR18OC10.035


[[Page 64070]]


BILLING CODE 4310-55-C
* * * * *

    Dated: September 10, 2010
Thomas L. Strickland,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2010-25028 Filed 10-15-10; 8:45 am]
BILLING CODE 4310-55-S