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Department of the Interior Fish and Wildlife Service Monday, October 18, 2010 Part II Department of the Interior Fish and Wildlife Service 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 VerDate Mar<15>2010 17:44 Oct 15, 2010 Jkt 223001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\18OCR2.SGM 18OCR2 jlentini on DSKJ8SOYB1PROD with RULES2 63898 Federal Register / Vol. 75, No. 200 / Monday, October 18, 2010 / Rules and Regulations DEPARTMENT OF THE INTERIOR conditions, threats, and conservation included a migratory component, and measures, please refer to the Bull Trout any resident-only forms found today Fish and Wildlife Service 5-year Review Summary and may often reflect a loss of the migratory Evaluation, completed April 25, 2008, component due to impacts such as 50 CFR Part 17 available at http://ecos.fws.gov/docs/five habitat loss or migration barriers _year _review/doc1907.pdf. For (Muhlfeld 2010, pers.comm.). [Docket No. FWS–R1–ES–2009-0085] information on bull trout critical Bull trout, coastal cutthroat trout [MO 92210-0-0009] habitat, and information on the (Oncorhynchus clarkii clarkii), Pacific RIN 1018-AW88 associated draft economic analysis for salmon (Oncorhynchus spp.), and other the proposed rule to designate revised species that migrate from saltwater to Endangered and Threatened Wildlife critical habitat, refer to the proposed freshwater to reproduce are commonly and Plants; Revised Designation of rule to designate critical habitat for the referred to as anadromous. However, Critical Habitat for Bull Trout in the bull trout published in the Federal bull trout, coastal cutthroat trout, and Coterminous United States Register on January 14, 2010 (75 FR some other species that enter the marine 2269). environment are more properly termed AGENCY: Fish and Wildlife Service, amphidromous. Unlike strictly Interior. Description, Distribution, Habitat and anadromous species, such as Pacific Recovery ACTION: Final rule. salmon, amphidromous species often Bull trout are members of the char return seasonally to fresh water as SUMMARY: We, the U.S. Fish and subgroup of the family Salmonidae and subadults, sometimes for several years, Wildlife Service, are revising critical are native to waters of western North before returning to spawn (Wilson 1997, habitat for the bull trout (Salvelinus America. Bull trout range throughout p. 5; Brenkman and Corbett, 2005, p. confluentus) under the Endangered the Columbia River and Snake River 1075). The amphidromous life history Species Act of 1973, as amended (Act). basins, extending east to headwater form of bull trout is unique to the We are designating a total of 31,750.8 streams in Montana and Idaho, into Coastal–Puget Sound population (64 FR km (19,729.0 mi) of streams (which Canada, and in the Klamath River basin 58921, November 1, 1999). For includes 1,213.2 km (754.0 mi) of of south-central Oregon. Bull trout additional information on the biology of marine shoreline) and are designating a historically occurred in the Sacramento this life form, see the June 25, 2004, total of 197,589.2 ha (488,251.7 ac) of River basin, and were more widespread proposed critical habitat designation for reservoirs and lakes. The areas in general than they are now. The the Jarbidge River, Coastal–Puget designated as critical habitat are located distribution of populations, however, is Sound, and Saint Mary–Belly River in the States of Washington, Oregon, scattered and patchy (Goetz 1989, p. 4; populations of bull trout (69 FR 35767). Nevada, Idaho, and Montana. Ziller 1992, p. 6; Rieman and McIntyre The decline of bull trout is primarily DATES: This rule becomes effective on 1993, p. 3; Light et al. 1996, p. 44; due to habitat degradation and November 17, 2010. Quigley and Arbelbide 1997, p. 1176). fragmentation, blockage of migratory Bull trout have more specific habitat ADDRESSES: This final rule and the corridors, poor water quality, past requirements than most other salmonids associated final economic analysis, as fisheries management practices, (Rieman and McIntyre 1993, p. 4). well as comments and materials impoundments, dams, water diversions, Habitat components that particularly received, and supporting documentation and the introduction of nonnative influence their distribution and we used in preparing this final rule, are species (63 FR 31647, June 10, 1998; 64 abundance include water temperature, available on the internet http:// FR 17112, April 8, 1999). Climate cover, channel form and stability, change may exacerbate some of these www.regulations.gov (see Docket No. spawning and rearing substrate impacts. The bull trout 5–year review FWS–R1–ES–2009-0085; at http:// conditions, and migratory corridors (Service 2008, p. 45) recommended that www.fws.gov/pacific/bulltrout/; and by (Fraley and Shepard 1989, p. 138; Goetz the recovery units identified in the 2002 appointment, during normal business 1989, p. 19; Watson and Hillman 1997, draft recovery plan be updated based on hours, at the U.S. Fish and Wildlife p. 247). Large patches of these assemblages of bull trout core areas Service, Idaho Fish and Wildlife Office, components are necessary to support (metapopulations, or interacting 1387 S. Vinnell Way, Boise, ID 83709; robust populations. This rule identifies breeding populations) that retain genetic telephone 208–378–5293; facsimile those physical or biological features and ecological integrity and are 208–378–5262. essential to bull trout conservation. significant to the distribution of bull FOR FURTHER INFORMATION CONTACT: Bull trout exhibit a variety of trout throughout the conterminous Brian Kelly, State Supervisor, U.S. Fish migratory and nonmigratory life United States. After consulting with and Wildlife Service, Idaho Fish and histories. Stream-resident bull trout biologists from States, Federal agencies, Wildlife Office (see ADDRESSES). If you complete their entire life cycle in the and Native American Tribes, and use a telecommunications device for the tributary streams where they spawn and applying the best scientific information deaf (TDD), call the Federal Information rear. Most bull trout are migratory, available, we identified six draft Relay Service (FIRS) at 800-877-8339. spawning in tributary streams where recovery units for bull trout in the SUPPLEMENTARY INFORMATION: juvenile fish usually rear from 1 to 4 conterminous United States. Please refer years before migrating to either a larger Background to the ‘‘Critical Habitat’’ section below river (fluvial) or lake (adfluvial) where for additional information on this topic. It is our intent to discuss only those they spend their adult life, returning to topics directly relevant to the the tributary stream to spawn (Fraley Previous Federal Actions development and designation of critical and Shepard 1989, p. 133). Resident and On November 29, 2002, we proposed habitat for the bull trout in this final migratory forms may be found together, to designate critical habitat for the rule. For more information on bull trout and either form can produce resident or Klamath River and Columbia River bull biology and habitat, population migratory offspring (Rieman and trout populations (67 FR 71235). On abundance and trend, distribution, McIntyre 1993, p. 2). Historically most October 6, 2004, we finalized the critical demographic features, habitat use and bull trout populations may have habitat designation for the Klamath VerDate Mar<15>2010 17:44 Oct 15, 2010 Jkt 223001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\18OCR2.SGM 18OCR2 jlentini on DSKJ8SOYB1PROD with RULES2 Federal Register / Vol. 75, No. 200 / Monday, October 18, 2010 / Rules and Regulations 63899 River and Columbia River bull trout and closed on March 15, 2010. We also designation for the bull trout, and are populations (69 FR 59995). On June 25, reopened the comment period for an addressed in the following summary 2004, we proposed to designate critical additional 15 days from March 23, 2010, and incorporated into the final rule as habitat for the Jarbidge River, Coastal– to April 5, 2010 (75 FR 13715, March appropriate. Puget Sound, and Saint Mary–Belly 23, 2010), to accommodate a request for Peer Review River bull trout populations (69 FR a comment period extension. We also 35767). On September 26, 2005, we contacted appropriate Federal, State, In accordance with our policy designated critical habitat for the tribal, and local agencies, scientific published in the Federal Register on Klamath River, Columbia River, Jarbidge organizations, and other interested July 1, 1994, (59 FR 34270), we solicited River, Coastal–Puget Sound, and Saint parties and invited them to comment on opinions from four knowledgeable Mary–Belly River populations of bull the proposed rule and the draft individuals with scientific expertise that trout (70 FR 56212). Please refer to the economic analysis. We held a public included familiarity with the species, above-mentioned rules for a detailed hearing in Boise, Idaho, on February 25, the geographic region in which the summary of previous Federal actions 2010, and held public meetings and species occurs, and conservation completed prior to publication of this open houses in Bend, Chiloquin, and biology principles. We received final rule. LaGrande, Oregon; Post Falls, Idaho; responses from each of the peer On January 5, 2006, a complaint was Missoula, Montana; Elko, Nevada; and reviewers we contacted. We reviewed filed in Federal district court by the Wenatchee Washington. During the first all comments we received for Alliance for the Wild Rockies, Inc., and comment period, we received a request substantive issues and new information Friends of the Wild Swan, alleging the for an additional public hearing from regarding bull trout critical habitat. We U.S. Fish and Wildlife Service (Service) the Native Fish Society; however, have addressed peer reviewer comments failed to designate adequate critical section 4(b)(5)(E) of the Endangered in the following summary and have habitat, failed to rely on the best Species Act of 1973, as amended (Act) incorporated them into this final rule as scientific and commercial data (16 U.S.C.
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