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Department of the Interior Vol. 76 Tuesday, No. 196 October 11, 2011 Part VI Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; 12-Month Finding for a Petition To List the California Golden Trout as Endangered; Proposed Rule VerDate Mar<15>2010 21:55 Oct 07, 2011 Jkt 226001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\11OCP4.SGM 11OCP4 srobinson on DSK4SPTVN1PROD with PROPOSALS4 63094 Federal Register / Vol. 76, No. 196 / Tuesday, October 11, 2011 / Proposed Rules DEPARTMENT OF THE INTERIOR practicable, within 90 days after whether listing of the California golden receiving the petition, we make a trout is warranted. On September 22, Fish and Wildlife Service finding as to whether the petition 2003, Trout Unlimited sent a Notice of presents substantial scientific or Intent to sue the Service for violating 50 CFR Part 17 commercial information indicating that the Act by failing to make a 12-month [Docket No. FWS–R8–ES–2011–0089 MO the petitioned action may be warranted. finding within the statutory timeframe. 92210–0–008] In addition, within 12 months of the This 12-month finding resolves that date of the receipt of the petition, we issue. Endangered and Threatened Wildlife must make a finding on whether the Subspecies Information and Plants; 12-Month Finding for a petitioned action is: (a) Not warranted, Petition To List the California Golden (b) warranted, or (c) warranted but Taxonomy and Subspecies Description Trout as Endangered precluded by other pending proposals. The California golden trout Section 4(b)(3)(C) of the Act requires (Oncorhynchus mykiss aguabonita) AGENCY: Fish and Wildlife Service, that we treat a petition for which the Interior. (formerly known as Volcano Creek requested action is found to be golden trout) is one of three subspecies ACTION: Notice of 12-month petition warranted but precluded as though finding. of rainbow trout (O. mykiss) native to resubmitted on the date of such finding, the Kern River basin in Tulare and Kern that is, requiring a subsequent finding to SUMMARY: Counties, California (Behnke 1992, p. We, the U.S. Fish and be made within 12 months. Such 12- 191; Behnke 2002, p. 105; Moyle 2002, Wildlife Service, announce a 12-month month findings are to be published p. 283). The two other subspecies native finding on a petition to list the promptly in the Federal Register. This to this basin are the Little Kern golden California golden trout (Oncorhynchus notice constitutes our 12-month finding trout (O. mykiss whitei), which is found mykiss aguabonita) as endangered on the October 23, 2000, petition to list in the Little Kern River and its under the Endangered Species Act of the California golden trout as tributaries, and the Kern River rainbow 1973, as amended (Act). After review of endangered. all available scientific and commercial trout (O. mykiss gilberti), which is found information, we find that listing the Previous Federal Actions in the Kern River. All three subspecies California golden trout is not warranted On October 23, 2000, we received a most likely originated from successive at this time. However, we ask the public petition dated October 13, 2000, from invasions of primitive redband trout to submit to us any new information Trout Unlimited, requesting that the (ancestral rainbow trout) of the Kern that becomes available concerning the California golden trout be listed on an River approximately 10,000 to 20,000 threats to the California golden trout or emergency basis as endangered under years ago (Behnke 1992, p. 189; Behnke its habitat at any time. the Act, and that critical habitat be 2002, p. 107; Moyle 2002, p. 283). These DATES: The finding announced in this designated. Included in the petition was fish gained access to the Kern River document was made on October 11, supporting information on the drainage during glacial cycles and short- 2011. subspecies’ taxonomy, distribution, and term interglacial wet cycles that allowed ecology, as well as information Lake Tulare to overflow and connect the ADDRESSES: This finding is available on Kern River drainage to the San Joaquin the Internet at http://www.regulations. regarding factors considered by the petitioners to threaten the subspecies. River and Pacific Ocean (Behnke 2002, gov at Docket Number FWS–R8–ES– p. 109). These primitive forms of 2011–0089. Supporting documentation We acknowledged receipt of the petition in a letter to Trout Unlimited, dated rainbow trout that became isolated in we used in preparing this finding is the Kern River watershed gave rise to available for public inspection, by November 7, 2000. In that letter, we also stated that we would be unable to the California golden trout, Little Kern appointment, during normal business address the petition until fiscal year River golden trout, and the Kern River hours at the U.S. Fish and Wildlife 2002 or later due to court orders and rainbow trout due to local selective Service, Sacramento Field Office, 2800 judicially approved settlement factors in their environment (Behnke Cottage Way, Sacramento, CA 95825. agreements for listing and critical 2002, p. 111; Moyle 2002, p. 283). Please submit any new information, habitat determinations under the Act, The taxonomy of golden trout in the materials, comments, or questions which required nearly all of our listing Kern River basin has been revised concerning this finding to the above and critical habitat funding for fiscal several times. Originally, four species of address. year 2001. The petitioner filed a trout were described: Salmo aguabonita FOR FURTHER INFORMATION CONTACT: complaint in Federal District Court on from the South Fork Kern River, S. Karen Leyse, Field Office Listing/ November 29, 2001, resulting in a ruling roosevelti from Golden Trout Creek, S. Critical Habitat Coordinator, on June 21, 2002, ordering us to whitei (Little Kern golden trout) from Sacramento Field Office (see complete the 90-day finding by the Little Kern River, and S. gairdeneri ADDRESSES); by telephone at 916–414– September 19, 2002. We completed the gilberti (Kern River rainbow trout) from 6600; or by facsimile at 916–414–6712. finding by the requisite date, and the lower Kern River (Moyle 2002, p. If you use a telecommunications device published it in the Federal Register on 284). Trout from the South Fork Kern for the deaf (TDD), please call the September 20, 2002 (67 FR 59241). In River and Golden Trout Creek were later Federal Information Relay Service the finding we determined that the recognized as color variants of S. (FIRS) at 800–877–8339. petition presented substantial scientific aguabonita (Schreck and Behnke 1971, SUPPLEMENTARY INFORMATION: or commercial information to indicate p. 994). More recently, rainbow trout that listing the California golden trout were reclassified as Oncorhynchus Background may be warranted. We also determined mykiss to reflect their relationship to Section 4(b)(3)(B) of the Act (16 that an emergency rule to list was not Pacific salmon, and California golden U.S.C. 1531 et seq.) requires that, for warranted at the time of the 90-day trout in both the South Fork Kern River any petition to revise the Federal Lists finding. We concurrently initiated a and Golden Trout Creek became of Endangered and Threatened Wildlife status review on which to base our recognized as the same subspecies of and Plants, to the maximum extent eventual 12-month finding regarding rainbow trout, Oncorhynchus mykiss VerDate Mar<15>2010 21:55 Oct 07, 2011 Jkt 226001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\11OCP4.SGM 11OCP4 srobinson on DSK4SPTVN1PROD with PROPOSALS4 Federal Register / Vol. 76, No. 196 / Tuesday, October 11, 2011 / Proposed Rules 63095 aguabonita (Behnke 1992, pp. 163, 172). the substrate for eggs) using relatively and that these intergrades may Similarly, Little Kern golden trout small-grained substrate (Knapp and predominate in the lower reaches of the became O. mykiss whitei, and Kern Vredenburg 1996, pp. 528, 529). South Fork Kern River (Sims 2011a). River rainbow trout became O. mykiss For purposes of this finding, we have Such reports have not been gilberti. considered California golden trout to be substantiated with systematic measures California golden trout are well those trout within the native range of of, or comparison with, introgression known for their bright coloration, red to the subspecies (see Distribution section levels or with other morphological or red-orange belly and cheeks, bright gold below) that present the morphological behavioral attributes described above, lower sides, a central lateral band that and behavioral characters listed above. and there are no studies that have is red-orange, and a deep olive-green We do not rely on genetic tests measured the morphological or back (Moyle 2002, p. 283). Typically, 10 indicating levels of genetic introgression behavioral changes in introgressed parr marks (oval colorations) are present (infiltration of genes from one species California golden trout as compared to along the lateral line on both young fish into the gene pool of another species ‘‘pure’’ golden trout. Furthermore, there and adults, but may be lost in older fish through repeated backcrossing of a is no documentation that we are aware under some conditions (Behnke 2002, p. hybrid with one of its parent species) of that indicates that additional meristic 106). The pectoral, pelvic, and anal fins with nonnative trout (see Factor E— measures used to describe California are orange with a white to yellow tip Hybridization section below) to golden trout (such as number of preceded by a black band; dorsal fins determine what constitutes a member of vertebrae, scale counts, and pyloric may also have a white to yellow tip the subspecies because the most recent caeca) have changed with introgression (Moyle 2002, p.
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