Wednesday, September 8, 2010

Part II

Department of the Interior Fish and Wildlife Service

50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Revised 12-Month Finding to List the Upper Missouri River Distinct Population Segment of Arctic Grayling as Endangered or Threatened; Proposed Rule

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DEPARTMENT OF THE INTERIOR FOR FURTHER INFORMATION CONTACT: in the January 19, 1993, Federal Mark Wilson, Field Supervisor, Register (58 FR 4975), concluding the Fish and Wildlife Service Montana Field Office (see ADDRESSES); petitioners presented substantial by telephone at 406-449-5225; or by information indicating that listing the 50 CFR Part 17 facsimile at 406-449-5339. Persons who fluvial Arctic grayling of the upper use a telecommunications device for the Missouri River in Montana and [Docket No. FWS-R6-ES-2009-0065] deaf (TDD) may call the Federal northwestern Wyoming may be [MO 92210-0-0008-B2] Information Relay Service (FIRS) at 800- warranted. This finding noted that 877-8339. taxonomic recognition of the Montana Endangered and Threatened Wildlife SUPPLEMENTARY INFORMATION: Arctic grayling (Thymallus arcticus and Plants; Revised 12-Month Finding montanus) as a subspecies (previously Background to List the Upper Missouri River designated as a category 2 species) was Distinct Population Segment of Arctic Section 4(b)(3)(B) of the Endangered not widely accepted, and that the Grayling as Endangered or Threatened Species Act of 1973, as amended (ESA) scientific community generally (16 U.S.C. 1531 et seq.), requires that, considered this population a AGENCY: Fish and Wildlife Service, for any petition containing substantial geographically isolated member of the Interior. scientific or commercial information wider species (T. arcticus). ACTION: Notice of revised 12–month indicating that listing the species may On July 25, 1994, we published a finding. be warranted, we make a finding within notice of a 12–month finding in the 12 months of the date of receipt of the Federal Register (59 FR 37738), SUMMARY: We, the U.S. Fish and petition. In this finding, we determine concluding that listing the DPS of Wildlife Service (Service/USFWS), that the petitioned action is: (a) Not fluvial Arctic grayling in the upper announce a revised 12–month finding warranted, (b) warranted, or (c) Missouri River was warranted but on a petition to list the upper Missouri warranted, but immediate proposal of a precluded by other higher priority River Distinct Population Segment regulation implementing the petitioned listing actions. This DPS determination (Missouri River DPS) of Arctic grayling action is precluded by other pending predated our DPS policy (61 FR 4722, (Thymallus arcticus) as endangered or proposals to determine whether species February 7, 1996), so the entity did not threatened under the Endangered are endangered or threatened, and undergo a DPS analysis as described in Species Act of 1973, as amended. After expeditious progress is being made to the policy. The 1994 finding placed review of all available scientific and add or remove qualified species from fluvial Arctic grayling of the upper commercial information, we find that the Federal Lists of Endangered and Missouri River on the candidate list and listing the upper Missouri River DPS of Threatened Wildlife and Plants. Section assigned it a listing priority of 9. On Arctic grayling as endangered or 4(b)(3)(C) of the ESA requires that we May 4, 2004, we elevated the listing threatened is warranted. However, treat a petition for which the requested priority number of the fluvial Arctic listing the upper Missouri River DPS of action is found to be warranted but grayling to 3 (69 FR 24881). Arctic grayling is currently precluded precluded as though resubmitted on the On May 31, 2003, the Center for by higher priority actions to amend the date of such finding, that is, requiring a Biological Diversity and Western Lists of Endangered and Threatened subsequent finding to be made within Watersheds Project (Plaintiffs) filed a Wildlife and Plants. Upon publication 12 months. We must publish these 12– complaint in U.S. District Court in of this 12–month finding, we will add month findings in the Federal Register. Washington, D.C., challenging our the upper Missouri River DPS of Arctic Previous Federal Actions ‘‘warranted but precluded’’ grayling to our candidate species list. determination for Montana fluvial We will develop a proposed rule to list We have published a number of Arctic grayling. On July 22, 2004, the this DPS as our priorities allow. We will documents on Arctic grayling and have Plaintiffs amended their complaint to make any determination on critical been involved in litigation over challenge our failure to emergency list habitat during development of the previous findings. We describe our this population. We settled with the proposed listing rule. In the interim, we actions relevant to this notice below. Plaintiffs in August 2005, and we agreed will address the status of this DPS We initiated a status review for the to submit a final determination on through our annual Candidate Notice of Montana Arctic grayling (Thymallus whether this population warranted Review (CNOR). arcticus montanus) in a Federal Register notice on December 30, 1982 listing as endangered or threatened to DATES: The finding announced in this (47 FR 58454). In that notice, we the Federal Register on or before April document was made on September 8, designated the purported subspecies, 16, 2007. 2010. Montana Arctic grayling, as a Category On April 24, 2007, we published a ADDRESSES: This finding is available on 2 species. At that time, we designated a revised 12–month finding on the the Internet at http:// species as Category 2 if a listing as petition to list the upper Missouri River www.regulations.gov at Docket Number endangered or threatened was possibly DPS of fluvial Arctic grayling (72 FR FWS-R6-ES-2009-0065. Supporting appropriate, but we did not have 20305) (‘‘2007 finding’’). In this finding, documentation we used in preparing sufficient data to support a proposed we determined that fluvial Arctic this finding is available for public rule to list the species. grayling of the upper Missouri River did inspection, by appointment, during On October 9, 1991, the Biodiversity not constitute a species, subspecies, or normal business hours at the U.S. Fish Legal Foundation and George DPS under the ESA. Therefore, we and Wildlife Service, Montana Field Wuerthner petitioned us to list the found that the upper Missouri River Office, 585 Shepard Way, Helena, MT fluvial (riverine populations) of Arctic population of fluvial Arctic grayling was 59601. Please submit any new grayling in the upper Missouri River not a listable entity under the ESA, and information, materials, comments, or basin as an endangered species as a result, listing was not warranted. questions concerning this finding to the throughout its historical range in the With that notice, we withdrew the above street address (Attention: Arctic coterminous United States. We fluvial Arctic grayling from the grayling). published a notice of a 90–day finding candidate list.

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On November 15, 2007, the Center for histories of Arctic grayling in the upper with deeply forked tails, and adults Biological Diversity, Federation of Fly Missouri River system. Specifically, we typically average 300-380 millimeters Fishers, Western Watersheds Project, may consider DPS configurations that (mm) (12-15 inches (in.)) in length. George Wuerthner, and Pat Munday include: Fluvial, adfluvial (lake Coloration can be striking, and varies filed a complaint (CV-07-152, in the populations), or all life histories of from silvery or iridescent blue and District Court of Montana) to challenge Arctic grayling in the upper Missouri lavender, to dark blue (Behnke 2002, pp. our 2007 finding. We settled this River system. 327–328). The sides are marked with a litigation on October 5, 2009. In the This notice constitutes the revised varying number of V-shaped or ‘‘ ’’ stipulated settlement, we agreed to: (a) 12–month finding ( 2010 finding ) on diamond-shaped spots (Scott and Publish, on or before December 31, whether to list the upper Missouri River Crossman 1998, p. 301). During the 2009, a notice in the Federal Register DPS of Arctic grayling (Thymallus spawning period, the colors darken and soliciting information on the status of arcticus) as endangered or threatened. the upper Missouri River Arctic the males become more brilliantly Taxonomy and Species Description grayling; and (b) submit, on or before colored than the females. A prominent August 30, 2010, a new 12–month The Arctic grayling (Thymallus morphological feature of Arctic grayling finding for the upper Missouri River arcticus) belongs to the family is the sail-like dorsal fin, which is large Arctic grayling to the Federal Register. Salmonidae (salmon, trout, charr, and vividly colored with rows of orange On October 28, 2009, we published a whitefishes), subfamily Thymallinae to bright green spots, and often has an notice of intent to conduct a status (graylings), and it is represented by a orange border (Behnke 2002, pp. 327– review of Arctic grayling (Thymallus single genus, Thymallus. Scott and 328). arcticus) in the upper Missouri River Crossman (1998, p. 301) recognize four system (74 FR 55524). To ensure the species within the genus: T. articus Distribution status review was based on the best (Arctic grayling), T. thymallus Arctic grayling are native to Arctic available scientific and commercial (European grayling), T. brevirostris Ocean drainages of Alaska and data, we requested information on the (Mongolian grayling), and T. nigrescens northwestern Canada, as far east as taxonomy, biology, ecology, genetics, (Lake Kosgol, Mongolia). Recent Hudson’s Bay, and westward across and population status of the Arctic research focusing on Eurasian northern Eurasia to the Ural Mountains grayling of the upper Missouri River Thymallus (Koskinen et al. 2002, entire; (Scott and Crossman 1998, pp. 301–302; system; information relevant to Froufe et al. 2003, entire; Froufe et al. consideration of the potential DPS 2005, entire; Weiss et al. 2006, entire) Froufe et al. 2005, pp. 106–107; Weiss status of Arctic grayling of the upper indicates that the systematic diversity of et al. 2006, pp. 511–512; see Figure 1 Missouri River system; threats to the the genus is greater than previously below). In North America, they are species; and conservation actions being thought, or at least needs better native to northern Pacific Ocean implemented to reduce those threats in description (Knizhin et al. 2008, pp. drainages as far south as the Stikine the upper Missouri River system. The 725–726, 729; Knizhin and Weiss 2009, River in British Columbia (Nelson and notice further specified that the status pp. 1, 7–8; Weiss et al. 2007, p. 384). Paetz 1991, pp. 253–256; Behnke 2002, review may consider various DPS Arctic grayling have elongate, pp. 327–331). designations that include different life laterally compressed, trout-like bodies BILLING CODE 4310–55–S

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FIGURE 1. Approximate world-wide Canada, populations in the Williston Distribution in the Conterminous distribution of Arctic grayling River watershed are designated as a United States (Thymallus arcticus) at the end of the provincial ‘‘red list’’ species, meaning Two disjunct groups of Arctic most recent glacial cycle. The Missouri the population is a candidate for further grayling were native to the River distribution is based on Kaya evaluation to determine if it should be conterminous United States: One in the (1992, pp. 47-51). The distribution of granted endangered (facing imminent upper Missouri River basin in Montana the extinct Michigan population is extirpation or extinction) or threatened based on Vincent (1962, p. 12) and the and Wyoming (extant in Montana, see status (likely to become endangered) Figure 2), and another in Michigan that University of Michigan (2010). The (British Columbia Conservation Data North American distribution in Canada was extirpated in the late 1930s (Hubbs Centre 2010). In Alberta, Canada, Arctic and Lagler 1949, p. 44). Michigan and Alaska is based on Behnke (2002, p. grayling are native to the Athabasca, 330) and Scott and Crossman (1998, pp. grayling formerly occurred in the Otter Peace, and Hay River drainages. In 301-302). The Eurasian distribution is River of the Lake Superior drainage in Alberta, the species has undergone a based on Knizhin (2009, p. 32) and northern Michigan and in streams of the range contraction of about 40 percent, Knizhin (2010, pers. comm.). lower peninsula of Michigan in both the Arctic grayling remains widely and half of the province’s Lake Michigan and Lake Huron distributed across its native range, but subpopulations have declined in drainages including the Au Sable, within North America, the species has abundance by more than 90 percent Cheboygan, Jordan, Pigeon, and Rifle experienced range decline or (Alberta Sustainable Resource Rivers (Vincent 1962, p. 12). contraction at the southern limits of its Development (ASRD) 2005, p. iv). Introduced Lake Dwelling Arctic distribution. In British Columbia, Grayling in the Upper Missouri River

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System and western U.S. populations of 2009; NatureServe 2010). Stocking of these introductions (79.5 percent) were Arctic grayling have been established in hatchery grayling in Montana has been established outside the native lakes outside their native range in particularly extensive, and there are geographic range of upper Missouri Arizona, Colorado, Idaho, Montana, thought to be up to 78 introduced River grayling, while only 16 (20.5 New Mexico, Utah, Washington, and lacustrine (lake-dwelling) populations percent) were established within the Wyoming (Vincent 1962, p. 15; Montana resulting from these introductions (see watershed boundary of the upper Fisheries Information System (MFISH) Table 1 below). Over three-quarters of Missouri River system.

BILLING CODE 4310–55–C

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FIGURE 2. Historical (dark grey lines) native Arctic grayling in the upper mainstem river dams that are total and current distribution (stars and Missouri River basin. White bars denote barriers to upstream passage by fish. circled portion of Big Hole River) of

TABLE 1. INTRODUCED LAKE-DWELLING POPULATIONS OF ARCTIC GRAYLING IN MONTANA. THE PRIMARY DATA SOURCE FOR THESE DESIGNATIONS IS MFISH (2009).

River Basin Number of Introduced (Exotic) Populationsa

Outside Native Geographic Range In Montana

Columbia River 23

Middle Missouri River 2

Saskatchewan River 1

Yellowstone River 36b

Within Watershed Boundary Of Native Geographic Range In Montana

Upper Missouri River 16

Total Exotic Populations 78 aList of populations does not include lake populations derived from attempts to re-establish fluvial populations in Montana, native adfluvial pop- ulations, or genetic reserves of Big Hole River grayling. bMany of these populations may not reproduce naturally and are only sustained through repeated stocking (Montana Fish, Wildlife and Parks 2009, entire).

For the purposes of this finding, we statutory directive to conserve species decision (NMFS 2005, p. 37209). The are analyzing a petitioned entity that in their native ecosystems (49 FR 33890, policy states that since hatchery stocks includes, at its maximum extent, August 27, 1984) and to conserve are established and maintained with the populations of Arctic grayling genetic resources and biodiversity over intent of furthering the viability of wild considered native to the upper Missouri a representative portion of a taxon’s populations in the ESU, that those River. Introduced populations present historical occurrence (61 FR 4723, hatchery populations have an explicit in Montana (e.g., Table 1) or elsewhere February 7, 1996). This priority on conservation value. Genetic divergence are not considered as part of the listable natural populations is evident in the is the preferred metric to determine if entity because we do not consider them Service’s DPS policy within the third hatchery fish should be included in the to be native populations. Neither the significance criteria. In that, a discrete ESU, but NMFS recognizes that these Act nor our implementing regulations population segment may be significant data may be lacking in most cases expressly address whether introduced if it represents the only surviving (NMFS 2005, p. 37209). Thus, proxies populations should be considered part natural occurrence of the taxon that may for genetic divergence can be used, such of an entity being evaluated for listing, be more abundant elsewhere as an as the length of time a stock has been and no Service policy addresses the introduced population outside of its isolated from its source population, the issue. Consequently, in our evaluation historical range. degree to which natural broodstock has of whether or not to include introduced been regularly incorporated into the National Marine Fishery Service populations in the potential listable hatchery population, the history of non- Hatchery Policy entity we considered the following: (1) ESU fish or eggs in the hatchery Our interpretation of the intent of the In 2005, the NMFS published a final population, and the attention given to Act with respect to the disposition of policy on the consideration of hatchery- genetic considerations in selecting and native populations, (2) a policy used by origin fish in Endangered Species Act mating broodstocks (NMFS 2005, p. the National Marine Fishery Service listing determinations for Pacific salmon 37209). (NMFS) to evaluate whether hatchery- and steelhead (anadromous The NMFS policy applies to origin populations warrant inclusion in Oncorhynchus spp.) (NMFS 2005, artificially propagated (hatchery) the listable entity, and (3) a set of entire). A central tenet of this policy is populations. In this finding, however, guidelines from another organization the primacy of the conservation of the Service is deciding whether self- (International Union for Conservation of naturally spawning salmon populations sustaining populations introduced Nature and Natural Resources (IUCN)) and the ecosystems on which they outside its natural range should be with specific criteria for evaluating the depend, consistent with the intent of the included in the listable entity. Thus, the conservation contribution of introduced Act (NMFS 2005, pp. 37211, 37214). NMFS policy is not directly applicable. populations. The policy recognizes that properly Nonetheless, if the NFMS policy’s managed hatchery programs may criteria are applied to the introduced Intent of the Endangered Species Act provide some conservation benefit to lake-dwelling populations of Arctic The primary purpose of the Act is to the evolutionary significant unit (ESU, grayling in Montana and elsewhere, provide a means whereby the which is analogous to a DPS but applied these populations do not appear to ecosystems upon which endangered to Pacific salmon) (NMFS 2005, p. warrant inclusion in the entity being species and threatened species depend 37211), and that hatchery stocks that evaluated for listing. First, there does may be conserved. The Service has contribute to survival and recovery of an not appear to be any formally interpreted the Act to provide a ESU are considered during a listing recognized conservation value for the

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introduced populations of Arctic outside the recorded distribution of the and in northwest Wyoming within the grayling, and they are not being used in species if such populations were present-day location of Yellowstone restoration programs. Recent genetic established for commercial or sporting National Park (Vincent 1962, p. 11). analysis indicates that many of the purposes (IUCN 1998, p. 5; 2003, p. 24). They were estimated to inhabit up to introduced Arctic grayling populations In effect, the IUCN delineates between 2,000 kilometers (km) (1,250 miles (mi)) in Montana are derived, in part, from introduced and native populations in of stream habitat until the early 20th stocks in the Red Rock Lakes system that non-benign introductions do not century (Kaya 1992, pp. 47–51). Arctic (Peterson and Ardren 2009, p. 1767). qualify for evaluation under the IUCN grayling were reported in the mainstem Nonetheless, there have been concerns Red List system. Naturalized Missouri River, as well as in the Smith, that introduced, lake-dwelling populations of Arctic grayling in lakes Sun, Jefferson, Madison, Gallatin, Big populations could pose genetic risks to thus do not meet the IUCN criterion for Hole, Beaverhead, and Red Rock Rivers the native fluvial population (Arctic a wild population that should be (Vincent 1962, p. 11; Kaya 1992, pp. 47– Grayling Workgroup (AGW) 1995, p. considered when evaluating the species 51; USFWS 2007; 72 FR 20307, April 15), and in practice, these introduced status for two reasons. First, there 24, 2007). ‘‘Old-timer’’ accounts report populations have not been used for any remains ‘suitable habitat’ for Arctic that the species may have been present conservation purpose. In fact, efforts are grayling in its native range, as in the Ruby River, at least seasonally currently underway to establish a evidenced by extant native populations (Magee 2005, pers. comm.), and were genetically pure brood reserve in the Big Hole River, Madison River, observed as recently as the early 1970s population of Red Rock Lakes grayling Miner Lake, Mussigbrod Lake, and Red (Holton, undated). to be used for conservation purposes Rock Lakes. Second, the naturalized Fluvial Arctic grayling were (Jordan 2010, pers. comm.), analogous to populations derived from widespread historically widely distributed in the the brood reserves maintained for Arctic stocking were apparently aimed at upper Missouri River basin, but a few grayling from the Big Hole River (Rens establishing recreational fisheries. adfluvial populations also were native and Magee 2007, pp. 22–24). Our interpretation is that the ESA is to the basin. For example, Arctic Second, introduced populations in intended to preserve native populations grayling are native to Red Rock Lakes, lakes have apparently been isolated in their ecosystems. While hatchery or in the headwaters of the Beaverhead from their original source stock for introduced populations of fishes may River (Vincent 1962, pp. 112–121; Kaya decades without any supplementation have some conservation value, this does 1992, p. 47). Vincent (1962, p. 120) from the wild. These populations were not appear to be the case with stated that Red Rock Lakes were the apparently established without any introduced populations of Arctic only natural lakes in the upper Missouri formal genetic consideration to selecting grayling in the conterminous United River basin accessible to colonization by and mating broodstock, the source States. These populations were Arctic grayling, and concluded that populations were not well documented apparently established to support grayling there were the only native (Peterson and Ardren 2009, p. 1767), recreational fisheries, and without any adfluvial population in the basin. and the primary intent of culturing and formal genetic consideration to selecting However, it appears that Arctic grayling introducing these grayling appears to and mating broodstock, and are not part also were native to Elk Lake (in the Red have been to provide recreational of any conservation program to benefit Rocks drainage; Kaya 1990, p. 44) and fishing opportunities in high mountain the native populations. Consequently, a few small lakes in the upper Big Hole lakes. we do not consider the introduced River drainage (Peterson and Ardren populations of Arctic grayling in 2009, p. 1768). Guidelines Used in Other Evaluation Montana and elsewhere in the The distribution of native Arctic Systems conterminous United States, including grayling in the upper Missouri River The IUCN uses its Red List system to those in lakes and in an irrigation canal went through a dramatic reduction in evaluate the conservation status and (Sun River Slope Canal), to be part of the first 50 years of the 20th century, relative risk of extinction for species, the listable entity. especially in riverine habitats (Vincent and to catalogue and highlight plant and 1962, pp. 86–90, 97–122, 127–129; Kaya Native Distribution in the Upper animal species that are facing a higher 1992, pp. 47–53). The native Missouri River System risk of global extinction (http:// populations that formerly resided in the www.iucnredlist.org). IUCN does not use The first Euro-American ‘‘discovery’’ Smith, Sun, Jefferson, Beaverhead, the term ‘‘listable entity’’ as the Service of Arctic grayling in North America is Gallatin, and mainstem Missouri Rivers does; however, IUCN does clarify that attributed to members of the Lewis and are considered extirpated, and the only their conservation ranking criteria apply Clark Expedition, who encountered the remaining indigenous fluvial population to any taxonomic group at the species species in the Beaverhead River in is found in the Big Hole River and some level or below (IUCN 2001, p.4). August 1805 (Nell and Taylor 1996, p. if its tributaries (Kaya 1992, pp. 51–53). Further, the IUCN guidelines for species 133). Vincent (1962, p. 11) and Kaya The fluvial form currently occupies only status and scope of the categorization (1992, pp. 47–51) synthesized accounts 4 to 5 percent of its historic range in the process focus on wild populations of Arctic grayling occurrence and Missouri River system (Kaya 1992, p. inside their natural range (IUCN 2001, abundance from historical surveys and 51). Other remaining native populations p. 4; 2003, p. 10) or so-called ‘‘benign’’ contemporary monitoring to determine in the upper Missouri River occur in or ‘‘conservation introductions,’’ which the historical distribution of the species two small, headwater lakes in the upper are defined as attempts to establish a in the upper Missouri River system Big Hole River system (Miner and species, for the purpose of conservation, (Figure 2). We base our conclusions on Mussigbrod Lakes); the Madison River outside its recorded distribution, when the historical distribution of Arctic upstream from Ennis Reservoir; and the suitable habitat is lacking within the grayling in the upper Missouri River Red Rock Lakes in the headwaters of the historical range (IUCN 1998, p. 6; 2003, basin on these two reviews. Arctic Beaverhead River system (Everett 1986, pp. 6, 10). Guidelines for evaluating grayling were widely but irregularly p. 7; Kaya 1992, p. 53; Peterson and conservation status under the IUCN distributed in the upper Missouri River Ardren 2009, pp. 1762, 1768; Figure 1 exclude introduced populations located system above the Great Falls in Montana above, and Table 2 below).

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TABLE 2. EXTANT NATIVE ARCTIC GRAYLING POPULATIONS IN THE UPPER MISSOURI RIVER BASIN.

Big Hole River Drainagea

1. Big Hole River

2. Miner Lake

3. Mussigbrod Lake

Madison River Drainage

4. Madison River-Ennis Reservoir

Beaverhead River Drainage

5. Red Rock Lakes aArctic grayling also occur in Pintler Lake in the Big Hole River drainage, but this population has not been evaluated with genetic markers to determine whether it constitutes a native remnant population.

Origins, Biogeography, and Genetics of individuals) of Montana grayling shared as Peterson and Ardren (2009, entire) Arctic Grayling in North America a mtDNA haplotype (form of the further supports the distinction of North American Arctic grayling are mtDNA) with populations in Missouri River Arctic grayling relative most likely descended from Eurasian Saskatchewan and the lower Peace to populations elsewhere in North Thymallus that crossed the Bering land River, British Columbia (Stamford and America (USFWS, unpublished data). bridge during or before the Pleistocene Taylor 2004, p. 1538). Analyses of these data using two glacial period (Stamford and Taylor The existing mtDNA data suggest that different methods clearly separates 2004, pp. 1533, 1546). A Eurasian origin Missouri River Arctic grayling share a sample fish from 21 populations into is suggested by the substantial common ancestry with the North two clusters: one cluster representing taxonomic diversity found in the genus Beringia lineage, but other genetic populations from the upper Missouri in that region. There were multiple markers and biogeographic history River basin, and another cluster opportunities for freshwater faunal indicate that Missouri River grayling representing populations from Canada exchange between North America and have been physically and and Alaska (USFWS, unpublished data). Asia during the Pleistocene, but genetic reproductively isolated from northern These new data, although not yet peer divergence between North American populations for millennia. The most reviewed, support the interpretation and Eurasian Arctic grayling suggests recent ancestors of Missouri River that the previous analyses of Stamford that the species could have colonized Arctic grayling likely spent the last and Taylor (2004, entire) North America as early as the mid-late glacial cycle in an ice-free refuge south underestimated the distinctiveness of Pliocene (more than 3 million years ago) of the Laurentide and Cordilleran ice Missouri River Arctic grayling relative (Stamford and Taylor 2004, p. 1546). sheets. Pre-glacial colonization of the to other sample populations, likely The North American distribution of Missouri River basin by Arctic grayling because of the combined effect of small Arctic grayling was strongly influenced was possible because the river flowed to sample sizes and the lack of variation by patterns of glaciation. Genetic studies the north and drained into the Arctic- observed in the Missouri River for the of grayling using mitochondrial DNA Hudson Bay prior to the last glacial markers used in that study (Stamford (mtDNA, maternally-inherited DNA cycle (Cross et al. 1986, pp. 374–375; and Taylor 2004, pp. 1537–1538). Thus, located in cellular organelles called Pielou 1991, pp. 194–195). Low mtDNA these recent microsatellite DNA data mitochondria) and microsatellite DNA diversity observed in a small number of suggest that Arctic grayling may have (repeating sequences of nuclear DNA) Montana grayling samples and a shared colonized the Missouri River before the have shown that North American Arctic ancestry with Arctic grayling from the onset of Wisconsin glaciation (more grayling consist of at least three major north Beringia lineage suggest a more than 80,000 years ago). lineages that originated in distinct recent, post-glacial colonization of the Pleistocene glacial refugia (Stamford upper Missouri River basin. In contrast, Genetic relationships among native and Taylor 2004, p. 1533). These three microsatellite DNA show substantial and introduced populations of Arctic groups include a South Beringia lineage divergence between Montana and grayling in Montana have recently been found in western Alaska to northern Saskatchewan (i.e., same putative investigated (Peterson and Ardren 2009, British Columbia, Canada; a North mtDNA lineage) (Peterson and Ardren entire). Introduced, lake-dwelling Beringia lineage found on the North 2009, entire). Differences in the populations of Arctic grayling trace Slope of Alaska, the lower Mackenzie frequency and size distribution of much of their original ancestry to Red River, and to eastern Saskatchewan; and microsatellite alleles between Montana Rock Lakes (Peterson and Ardren 2009, a Nahanni lineage found in the lower populations and two Saskatchewan p. 1767), and stocking of hatchery Liard River and the upper Mackenzie populations indicate that Montana grayling did not appear to have a large River drainage (Stamford and Taylor grayling have been isolated long enough effect on the genetic composition of the 2004, pp. 1533, 1540). The Nahanni for mutations (i.e., evolution) to be extant native populations (Peterson and lineage is the most genetically distinct responsible for the observed genetic Ardren 2009, p. 1768). Differences group (Stamford and Taylor 2004, pp. differences. between native populations of the two 1541–1543). Arctic grayling from the Additional comparison of 21 Arctic grayling ecotypes (adfluvial, fluvial) do upper Missouri River basin were grayling populations from Alaska, not appear to be as large as differences tentatively placed in the North Beringia Canada, and the Missouri River basin resulting from geography (i.e., drainage lineage because a small sample (three using 9 of the same microsatellite loci of origin).

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Habitat p. 151). In general, the reproductive 1989, pp. 18–21, 27). In addition, Arctic Arctic grayling generally require clear, ecology of Arctic grayling differs from grayling in the Big Hole River may move cold water. Selong et al. (2001, p. 1032) other salmonid species (trout and downstream in proximity to colder characterized Arctic grayling as salmon) in that Arctic grayling eggs tend tributary streams in summer when belonging to a ‘‘coldwater’’ group of to be comparatively small; thus, they thermal conditions in the mainstem salmonids, which also includes bull have higher relative fecundity (females river become stressful (Lamothe and trout (Salvelinus confluentus) and have more eggs per unit body size). Magee 2003, p. 17). In spring, mature Arctic grayling leave Arctic char (Salvelinus alpinus). Hubert Males establish and defend spawning overwintering areas and migrate to et al. (1985, p. 24) developed a habitat territories rather than defending access to females (Northcote 1995, pp. 146, suitable spawning sites. In river suitability index study for Arctic 150–151). The time required for systems, this typically involves an grayling and concluded that thermal development of eggs from embryo until upstream migration to tributary streams habitat was optimal between 7 to 17 °C they emerge from stream gravel and or shallow riffles within the mainstem (45 to 63 °F), but became unsuitable become swim-up fry depends on water (Armstrong 1986, p. 8). Arctic grayling above 20°C (68°F). Arctic grayling fry temperature (Northcote 1995, p. 151). In in lakes typically migrate to either the may be more tolerant of high water the upper Missouri River basin, inlet or outlet to spawn (Armstrong temperature than adults (LaPerriere and development from embryo to fry 1986, p. 8; Northcote 1997, p. 148). In Carlson 1973, p. 30; Feldmeth and averages about 3 weeks (Kaya 1990, pp. either situation, Arctic grayling Eriksen 1978, p. 2041). 16–17). Small, weakly swimming fry typically exhibit natal homing, whereby Having a broad, nearly-circumpolar (typically 1–1.5 centimeters (cm) (0.4– individuals spawn in or near the distribution, Arctic grayling occupy a 0.6 in.) at emergence) prefer low- location where they were born variety of habitats including small velocity stream habitats (Armstrong (Northcote 1997, pp. 157–160). streams, large rivers, lakes, and even 1986, p. 6; Kaya 1990, pp. 23–24; Fry from river populations typically bogs (Northcote 1995, pp. 152–153; Northcote 1995, p. 151). seek feeding and rearing habitats in the Scott and Crossman 1998, p. 303). They Arctic grayling of all ages feed vicinity where they were spawned may even enter brackish water (less than primarily on aquatic and terrestrial (Armstrong 1986, pp. 6–7; Northcote or equal to 4 parts per thousand) when invertebrates captured on or near the 1995, p. 156), while those from lake migrating between adjacent river water surface, but also will feed populations migrate downstream (inlet systems (West et al. 1992, pp. 713–714). opportunistically on fish and fish eggs spawners) or upstream (outlet spawners) Native populations are found at (Northcote 1995, pp. 153–154; Behnke to the adjacent lake. Following elevations ranging from near sea level, 2002, p. 328). Feeding locations for spawning, adults move to appropriate such as in Bristol Bay, Alaska, to high- individual fish are typically established feeding areas if they are not adjacent to elevation montane valleys (more than and maintained through size-mediated spawning habitat (Armstrong 1986, pp. 1,830 meters (m) or 6,000 feet (ft)), such dominance hierarchies where larger 7–8). Juvenile Arctic grayling may as the Big Hole River and Centennial individuals defend favorable feeding undertake seasonal migrations between Valley in southwestern Montana. positions (Hughes 1992, p. 1996). feeding and overwintering habitats until Despite this broad distribution, Arctic they reach maturity and add the grayling have specific habitat Life History Diversity spawning migration to this cycle requirements that can constrain their Migratory behavior is a common life- (Northcote 1995, pp. 156–157). local distributions, especially water history trait in salmonid fishes such as temperature and channel gradient. At Arctic grayling (Armstrong 1986, pp. 7– Life History Diversity in Arctic Grayling the local scale, Arctic grayling prefer 8; Northcote 1995, pp. 156–158; 1997, in the Upper Missouri River cold water and are often associated with pp. 1029, 1031–1032, 1034). In general, Two general life-history forms or spring-fed habitats in regions with migratory behavior in Arctic grayling ecotypes of native Arctic grayling occur warmer climates (Vincent 1962, p. 33). and other salmonids results in cyclic in the upper Missouri River Arctic: Arctic grayling are generally not found patterns of movement between refuge, Fluvial and adfluvial. Fluvial fish use in swift, high-gradient streams, and rearing-feeding, and spawning habitats river or stream (lotic) habitat for all of Vincent (1962, p. 36–37, 41–43) (Northcote 1997, p. 1029). their life cycles and may undergo characterized typical Arctic grayling Arctic grayling may move to refuge extensive migrations within river habitat in Montana (and Michigan) as habitat as part of a regular seasonal habitat. Adfluvial fish live in lakes and low-to-moderate gradient (less than 4 migration (e.g., in winter), or in migrate to tributary streams to spawn. percent) streams and rivers with low-to- response to episodic environmental These same life-history forms also are moderate water velocities (less than 60 stressors (e.g., high summer water expressed by Arctic grayling elsewhere centimeters/sec). Juvenile and adult temperatures). In Alaska, Arctic grayling in North America (Northcote 1997, p. Arctic grayling in streams and rivers in rivers typically migrate downstream 1030). Historically, the fluvial life- spend much of their time in pool habitat in the fall, moving into larger streams or history form predominated in the (Kaya 1990 and references therein, p. mainstem rivers that do not completely Missouri River basin above the Great 20; Lamothe and Magee 2003, pp. 13– freeze (Armstrong 1986, p. 7). In Arctic Falls, perhaps because there were only 14). rivers, fish often seek overwintering a few lakes accessible to natural habitat influenced by groundwater colonization of Arctic grayling that Breeding (Armstrong 1986, p. 7). In some would permit expression of the Arctic grayling typically spawn in the drainages, individual fish may migrate adfluvial ecotype (Kaya 1992, p. 47). spring or early summer, depending on considerable distances (greater than 150 The fluvial and adfluvial life-history latitude and elevation (Northcote 1995, km or 90 mi) to overwintering habitats forms of Arctic grayling in the upper p. 149). In Montana, Arctic grayling (Armstrong 1986, p. 7). In the Big Hole Missouri River do not appear to generally spawn from late April to mid- River, Montana, similar downstream represent distinct evolutionary lineages. May by depositing adhesive eggs over and long-distance movement to Instead, they appear to represent an gravel substrate without excavating a overwintering habitat has been observed example of adaptive radiation (Schluter nest (Kaya 1990, p. 13; Northcote 1995, in Arctic grayling (Shepard and Oswald 2000, p. 1), whereby the forms

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differentiated from a common ancestor ecotype within a few decades is much Creek were mostly ages 2 to 5, but he developed traits that allowed them to less certain, and may parallel the did encounter some individuals age 7. exploit different habitats. The primary differences in plasticity that have Generally, growth rates of Arctic evidence for this conclusion is genetic evolved between river- and lake-type grayling are greatest during the first data that indicate that within the European grayling (Salonen 2005, years of life then slow dramatically after Missouri River basin the two ecotypes entire). Circumstantial support for maturity. Within that general pattern, are more closely related to each other reduced plasticity in adfluvial Arctic there is substantial variation among than they are to the same ecotype grayling comes from observations that populations from different regions. elsewhere in North America (Redenbach adfluvial fish stocked in river habitats Arctic grayling populations in Montana and Taylor 1999, pp. 27–28; Stamford almost never establish populations (Big Hole River and Red Rock Lakes) and Taylor 2004, p. 1538; Peterson and (Kaya 1990, pp. 31–34). In contrast, a appear to have very high growth rates Ardren 2009, p. 1766). Historically, population of Arctic grayling in the relative to those from British Columbia, there may have been some genetic Madison River that would have Asia, and the interior and North Slope exchange between the two life-history presumably expressed a fluvial ecotype of Alaska (Carl et al. 1992, p. 240; forms as individuals strayed or under historical conditions has Northcote 1995, pp. 155–157; Neyme dispersed into different populations apparently adapted to an adfluvial life- 2005, p. 28). Growth rates of Arctic (Peterson and Ardren 2009, p. 1770), but history after construction of an grayling from different management the genetic structure of current impassible dam, which impounded areas in Alberta are nearly as high as populations in the upper Missouri River Ennis Reservoir (Kaya 1992, p. 53; those observed in Montana grayling basin is consistent with reproductive Jeanes 1996, pp. 54). We note that (ASRD 2005, p. 4). isolation. adfluvial Arctic grayling retain some Distinct Population Segment The fluvial and adfluvial forms of life-history flexibility—at least in lake Arctic grayling appear to differ in their environments—as naturalized In its stipulated settlement with genetic characteristics, but there appears populations derived from inlet- Plaintiffs, the Service agreed to consider to be some plasticity in behavior where spawning stocks have established the appropriateness of DPS designations individuals from a population can outlet-spawning demes (a deme is a for Arctic grayling populations in the exhibit a range of behaviors. Arctic local populations that shares a distinct upper Missouri River basin that grayling fry in Montana can exhibit gene pool) in Montana and in included: (a) All life ecotypes or heritable, genetically-based differences Yellowstone National Park (Kruse 1959, histories, (b) the fluvial ecotype, and (c) in swimming behavior between fluvial p. 318; Kaya 1989, p. 480). While in the adfluvial ecotype. The fluvial and adfluvial ecotypes (Kaya 1991, pp. some cases Arctic grayling may be able ecotype has been the primary focus of 53, 56–58; Kaya and Jeanes 1995, pp. to adapt or adjust rapidly to a new past Service action and litigation, but 454, 456). Progeny of Arctic grayling environment, the frequent failure of the Service also has alluded to the from the fluvial ecotype exhibited a introductions of Arctic grayling suggest possibility of alternative DPS greater tendency to hold their position a cautionary approach to the loss of designations in previous candidate in flowing water relative to progeny particular life-history forms is species assessments (USFWS 2005, p. from adfluvial ecotypes (Kaya 1991, pp. warranted. Healey and Prince (1995, 11). Since the 2007 finding (72 FR 53, 56–58; Kaya and Jeanes 1995, pp. entire) reviewed patterns of genotypic 20305), additional research has been 454, 456). Similarly, young grayling and phenotypic variation in Pacific conducted and new information on the from inlet and outlet spawning adfluvial salmon and warn that recovery of lost genetics of Arctic grayling is available. ecotypes exhibited an innate tendency life-history forms may not follow This finding contains a more to move downstream and upstream, directly from conservation of the comprehensive and robust distinct respectively (Kaya 1989, pp. 478–480). genotype (p. 181), and reason that the population segment analysis than the All three studies (Kaya 1989, entire; critical conservation unit is the 2007 finding. 1991, entire; Kaya and Jeanes 1995, population within its habitat (p. 181). entire) demonstrate that the response of Distinct Population Segment Analysis fry to flowing water depended strongly Age and Growth for Native Arctic Graying in the Upper on the life-history form (ecotype) of the Missouri River Age at maturity and longevity in source population, and that this Discreteness behavior has a genetic basis. However, Arctic grayling varies regionally and is behavioral responses also were probably related to growth rate, with The discreteness standard under the mediated by environmental conditions populations in colder, northern Service’s and National Oceanic and (light—Kaya 1991, pp. 56–57; light and latitudes maturing at later ages and Atmospheric Administration’s (NOAA) water temperature—Kaya 1989, pp. having a greater lifespan (Kruse 1959, joint Policy Regarding the Recognition 477–479), and some progeny of each pp. 340–341; Northcote 1995 and of Distinct Vertebrate Population ecotype exhibited behavior references therein, pp. 155–157). Arctic Segments Under the Endangered characteristic of the other; for example grayling in the upper Missouri River Species Act (61 FR 4722) requires an some individuals from the fluvial typically mature at age 2 (males) or age entity to be adequately defined and ecotype moved downstream rather than 3 (females), and individuals greater than described in some way that holding position, and some individuals age 6 are rare (Kaya 1990, p. 18; Magee distinguishes it from other from an inlet-spawning adfluvial and Lamothe 2003, pp. 16–17). representatives of its species. A segment ecotype held position or moved Similarly, Nelson (1954, pp. 333–334) is discrete if it is: (1) Markedly upstream (Kaya 1991, p. 58). These observed that the majority of the Arctic separated from other populations of the observations indicate that some grayling spawning in two tributaries in same taxon as consequence of physical, plasticity for behavior exists, at least for the Red Rock Lakes system, Montana, physiological, ecological, or behavioral very young Arctic grayling. were age 3, and the oldest individuals factors (quantitative measures of genetic However, the ability of one ecotype of aged from a larger sample were age 6. or morphological discontinuity may Arctic grayling to give rise to a Mogen (1996, pp. 32–34) found that provide evidence of this separation); or functional population of the other Arctic grayling spawning in Red Rock (2) delimited by international

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governmental boundaries within which DPS significance element. The DPS Groundwater temperatures can be differences in control of exploitation, policy states that, if a population related to air temperatures (Meisner management of habitat, conservation segment is considered discrete under 1990, p. 282), and thus reflect the status, or regulatory mechanisms exist one or more of the discreteness criteria, regional climatic conditions. Warmer that are significant in light of section its biological and ecological significance groundwater influences ecological 4(a)(1)(D) of the ESA. will be considered in light of factors such as food availability, the Arctic grayling native to the upper congressional guidance that the efficiency with which food is converted Missouri River are isolated from authority to list DPSs be used into energy for growth and populations of the species inhabiting ‘‘sparingly’’ while encouraging the reproduction, and ultimately growth the Arctic Ocean, Hudson Bay, and conservation of genetic diversity (see rates of aquatic organisms (Allan 1995, north Pacific Ocean drainages in Asia U.S. Congress 1979, Senate Report 151, pp. 73–79). Aquifer structure and and North America (see Figure 1). Arctic 96th Congress, 1st Session). In making groundwater temperature is important grayling native to the upper Missouri this determination, we consider to salmonid fishes because groundwater River occur as a disjunct group of available scientific evidence of the can strongly influence stream populations approximately 800 km (500 discrete population’s importance to the temperature, and consequently egg mi) to the south of the next-nearest taxon to which it belongs. Since precise incubation and fry growth rates, which Arctic grayling population in central circumstances are likely to vary are strongly temperature-dependent Alberta, Canada. Missouri River Arctic considerably from case to case, the DPS (Coutant 1999, pp. 32–52; Quinn 2005, grayling have been isolated from other policy does not describe all the classes pp. 143–150). populations for at least 10,000 years of information that might be used in Missouri River Arctic grayling occur based on historical reconstruction of determining the biological and within the 4 to 7 °C (39 to 45 °F) ground river flows at or near the end of the ecological importance of a discrete water isotherm (see Heath 1983, p. 71; Pleistocene (Cross et al. 1986, p. 375; population. However, the DPS policy an isotherm is a line connecting bands Pileou 1991, pp. 10–11;). Genetic data does provide four possible reasons why of similar temperatures on the earth’s confirm Arctic grayling in the Missouri a discrete population may be significant. surface), whereas most other North River basin have been reproductively As specified in the DPS policy, this American grayling are found in isolated from populations to the north consideration of significance may isotherms less than 4 °C, and much of for millennia (Everett 1986, pp. 79–80; include, but is not limited to, the the species’ range is found in areas with Redenbach and Taylor 1999, p. 23; following: (1) Persistence of the discrete discontinuous or continuous permafrost Stamford and Taylor 2004, p. 1538; population segment in a unique or (Meisner et al. 1988, p. 5). Much of the Peterson and Ardren 2009, pp. 1764– unusual ecological setting; (2) evidence historical range of Arctic grayling in the 1766; USFWS, unpublished data). that loss of the discrete segment would upper Missouri River is encompassed by Consequently, we conclude that Arctic result in a significant gap in the range mean annual air temperature isotherms grayling native to the upper Missouri of the taxon; (3) evidence that the of 5 to 10 °C (41 to 50 °F) (USGS 2009), River are markedly separated from other discrete population segment represents with the colder areas being in the native populations of the taxon as a the only surviving natural occurrence of headwaters of the Madison River in result of physical factors (isolation), and the taxon that may be more abundant Yellowstone National Park. In contrast, therefore meet the first criterion of elsewhere as an introduced population Arctic grayling in Canada, Alaska, and discreteness under the DPS policy. As a outside of its historic range; or (4) Asia are located in regions encompassed result, Arctic grayling native to the evidence that the discrete population by air temperature isotherms 5 °C and upper Missouri River are considered a segment differs markedly from other colder (41 °F and colder), with much of discrete population according to the populations of the species in its genetic the species distributed within the 0 to DPS policy. Because the entity meets characteristics. -10 °C isolines (32 to 14 °F). This the first criterion (markedly separated), difference is significant because Arctic Unique Ecological Setting an evaluation with respect to the second grayling in the Missouri River basin criterion (international boundaries) is Water temperature is a key factor have evolved in isolation for millennia not needed. influencing the ecology and physiology in a generally warmer climate than other of ectothermic (body temperature populations. The potential for thermal Significance regulated by ambient environmental adaptations makes Missouri River Arctic If we determine that a population conditions) salmonid fishes, and can grayling a significant biological resource meets the DPS discreteness element, we dictate reproductive timing, growth and for the species under expected climate then consider whether it also meets the development, and life-history strategies. change scenarios.

TABLE 3. DIFFERENCES BETWEEN THE ECOLOGICAL SETTING OF THE UPPER MISSOURI RIVER AND ELSEWHERE IN THE SPECIES’ RANGE OF ARCTIC GRAYLING.

Ecological Setting Variable Missouri River Rest of Taxon

Ocean watershed Gulf of Mexico–Atlantic Ocean Hudson Bay, Arctic Ocean, or north Pacific

Bailey’s Ecoregion Dry Domain: Temperate Steppe Polar Domain: Tundra & Subarctic Humid Temperate: Marine, Prairie, Warm Continental Mountains

Air temperature (isotherm) 5 to 10 °C -15 to 5 °C (41 to 50 °F) (5 to 41 °F)

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TABLE 3. DIFFERENCES BETWEEN THE ECOLOGICAL SETTING OF THE UPPER MISSOURI RIVER AND ELSEWHERE IN THE SPECIES’ RANGE OF ARCTIC GRAYLING.—Continued

Ecological Setting Variable Missouri River Rest of Taxon

Groundwater temperature (isotherm) 4 to 7°C Less than 4 °C (39 to 45 °F) (less than 39 °F)

Native occurrence of large-bodied fish predators on salmonids None, in most of the rangea Bull trout, lake trout, northern pike, taimen aLake trout are native to two small lakes in the upper Missouri River basin (Twin Lakes and Elk Lake), where their distributions presumably overlapped with the native range of Arctic grayling, so they would not have interacted with most Arctic grayling populations in the basin that were found in rivers.

Arctic grayling in the upper Missouri River Arctic grayling in a unique grayling in many other areas of the River basin occur in a temperate ecoregion helps reduce the risk of species’ range, at least with respect to ecoregion distinct from all other Arctic species-level extinction, as the different predation by fishes. Predators can exert grayling populations worldwide, which regions may respond differently to a strong selective pressure on occur in Arctic or sub-Arctic ecoregions environmental change. populations. One noteworthy aspect of dominated by Arctic flora and fauna. An Arctic grayling in the upper Missouri the aquatic biota experienced by Arctic ecoregion is a continuous geographic River basin have existed for at least grayling in the upper Missouri River is area within which there are associations 10,000 years in an ecological setting the apparent absence of a large-bodied of interacting biotic and abiotic features quite different from that experienced by fish that would be an effective predator (Bailey 2005, pp. S14, S23). These Arctic grayling elsewhere in the species’ on juvenile and adult salmonids. In ecoregions delimit large areas within range. The most salient aspects of this contrast, one or more species of large which local ecosystems recur more or different setting relate to temperature predatory fishes like northern pike less in a predictable fashion on similar and climate, which can strongly and (Esox lucius), bull trout, taimen (Hucho sites (Bailey 2005, p. S14). Ecoregional directly influence the biology of taimen), and lake trout (Salvelinus classification is hierarchical, and based ectothermic species (like Arctic namaycush) are broadly distributed on the study of spatial coincidences, grayling). Arctic grayling in the upper across much of the range of Arctic patterning, and relationships of climate, Missouri River have experienced grayling in Canada and Asia (Northern vegetation, soil, and landform (Bailey warmer temperatures than most other pike—Scott and Crossman 1998, pp. 2005, p. S23). The largest ecoregion populations. Physiological and life- 302, 358; taimen—VanderZanden et al. categories are domains, which represent history adaptation to local temperature 2007, pp. 2281–2282; Esteve et al. 2009, subcontinental areas of similar climate regimes are regularly documented in p. 185; bull trout—Behnke 2002, pp. (e.g., polar, humid temperate, dry, and salmonid fishes (Taylor 1991, pp. 191– 296, 330; lake trout —Behnke 2002, pp. humid tropical) (Bailey 1994; 2005, p. 193), but experimental evidence for 296, 330). The only exceptions to this S17). Domains are divided into adaptations to temperature, such as general pattern are where Arctic divisions that contain areas of similar unusually high temperature tolerance or grayling formerly coexisted with lake vegetation and regional climates. Arctic lower tolerance to colder temperatures, trout native to Twin Lakes and Elk Lake grayling in the upper Missouri River is lacking for Missouri River Arctic (Beaverhead County) (Vincent 1963, pp. basin are the only example of the grayling because the appropriate studies 188–189), but both of these Arctic species naturally occurring in a dry have not been conducted. Lohr et al. grayling populations are thought to be domain (temperate steppe division; see (1996, p. 934) studied the upper thermal extirpated (Oswald 2000, pp. 10, 16; Table 3 above). The vast majority of the tolerances of Arctic grayling from the Oswald 2006, pers. comm.). The burbot species’ range is found in the polar Big Hole River, but their research design (Lota lota) is a freshwater fish belonging domain (all of Asia, most of North did not include other populations from to the cod family and is native to the America), with small portions of the different thermal regimes, so it was not Missouri, Big Hole, Beaverhead, Ruby, range occurring in the humid temperate possible to make between-population and Madison Rivers in Montana (MFISH domain (northern British Columbia and contrasts under a common set of 2010); thus its distribution significantly southeast Alaska). Occupancy of conditions. Arctic grayling from the overlapped the historical and current Missouri River Arctic grayling in a upper Missouri River demonstrate very ranges of Arctic grayling in the upper temperate ecoregion is significant for high growth rates relative to other Missouri River system. Burbot are two primary reasons. First, an ecoregion populations (Northcote 1995, p. 157). voracious predators, but tend to be represents a suite of factors (climate, Experimental evidence obtained by benthic (bottom-oriented) and vegetation, landform) influencing, or growing fish from populations under apparently prefer the deeper portions of potentially influencing, the evolution of similar conditions would be needed to larger rivers and lakes. A few studies species within that ecoregion. Since measure the relative influence of have investigated the diet of burbot Missouri River Arctic grayling have genetics (local adaptation) versus where they overlap with native Arctic existed for thousands of years in an environment. grayling in Montana, but did not detect ecoregion quite different from the An apex fish predator that preys any predation on Arctic grayling (Streu majority of the taxon, they have likely successfully on salmonids has been 1990, pp. 16–20; Katzman 1998, pp. 98– developed adaptations during these largely absent from most of the upper 100). Burbot apparently do not consume evolutionary timescales that distinguish Missouri River basin over evolutionary salmonids in significant amounts, even them from the rest of the taxon, even if time scales (tens of thousands of years). when they are very abundant (Katzman we have yet to conduct the proper This suggests that Arctic grayling in the 1998 and references therein, p. 106). studies to measure these adaptations. upper Missouri River basin have faced The response of Arctic grayling in the Second, the occurrence of Missouri a different selective pressure than Arctic Missouri River basin to introduced,

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nonnative trout suggests they were not upper Missouri River would shift the been established in lakes outside their generally pre-adapted to cope with the southern distribution of Arctic grayling native range in Arizona, Colorado, presence of a large-bodied salmonid by more than 8° latitude. Such a Idaho, Montana, New Mexico, Utah, predator. Missouri River Arctic grayling dramatic range constriction would Washington, and Wyoming (Vincent lack a co-evolutionary history with constitute a significant geographic gap 1962, p. 15; Montana Fisheries brown trout, and there are repeated in the species’ range, and eliminate a Information System (MFISH) 2009; observations that the two species tend genetically distinct group of Arctic NatureServe 2010). not to coexist and that brown trout grayling, which may limit the species’ Differs Markedly in Its Genetic displace Arctic grayling (Kaya 1992, p. ability to cope with future Characteristics 56; 2000, pp. 14–15). We caution that environmental change. competition with and predation by Marginal populations, defined as Differences in genetic characteristics brown trout has not been directly those on the periphery of the species’ can be measured at the molecular studied with Arctic grayling, but at least range, are believed to have high genetic or phenotypic level. Three some circumstantial evidence indicates conservation significance (see reviews different types of molecular markers that Missouri River Arctic grayling may by Scudder 1989, entire; Lesica and (allozymes, mtDNA, and microsatellites) not coexist well with brown trout. Allendorf 1995, entire; Fraser 2000, demonstrate that Arctic grayling from We conclude that the occurrence of entire). Peripheral populations may the upper Missouri River are genetically Arctic grayling in the upper Missouri occur in suboptimal habitats and thus different from those in Canada, Alaska, River is biogeographically important to be subjected to very strong selective and Asia (Everett 1986, pp. 79–80; the species, that grayling there have pressures (Fraser 2000, p. 50). Redenbach and Taylor 1999, p. 23; occupied a distinctly different Consequently, individuals from these Stamford and Taylor 2004, p. 1538; ecological setting relative to the rest of populations may contain adaptations Peterson and Ardren 2009, pp. 1764– the species (see Table 3 above), and that that may be important to the taxon in 1766; USFWS, unpublished data). These they have been on a different the future. Lomolino and Channell data confirm the reproductive isolation evolutionary trajectory for at least (1998, p. 482) hypothesize that because among populations that establishes the 10,000 years. Consequently, we believe peripheral populations should be discreteness of Missouri River Arctic that Arctic grayling in the upper adapted to a greater variety of grayling under the DPS policy. Here, we Missouri River occupy a unique environmental conditions, then they speak to whether these data also ecological setting. The role that this may be better suited to deal with establish significance. unique setting plays in influencing anthropogenic (human-caused) Allozymes adaptations or determining unique traits disturbances than populations in the is unclear, and therefore a central part of a species’ range. Arctic Using allozyme electrophoretic data, determination of the significance of this grayling in the upper Missouri River Everett (1986, entire) found marked ecological setting to the taxon is have, for millennia, existed in a climate genetic differences among Arctic unknown. warmer than that experienced by the grayling collected from the Chena River rest of the taxon. If this selective in Alaska, those descended from fish Gap in the Range pressure has resulted in adaptations to native to the Athabasca River drainage Arctic grayling in the upper Missouri cope with increased water temperatures, in the Northwest Territories, Canada, River basin occur in an ocean drainage then the population segment may and native upper Missouri River basin that is distinct from all other contain genetic resources important to drainage populations or populations Arctic grayling populations worldwide. the taxon. For example, if northern descended from them (see Leary 2005, All other Arctic grayling occur in populations of Arctic grayling are less pp. 1–2). The Canadian population had drainages of Hudson Bay, the Arctic suited to cope with increased water a high frequency of a unique isocitrate Ocean, or the north Pacific Ocean; the temperatures expected under climate dehydrogenase allele (form of a gene) Missouri River is part of the Gulf of warming, then Missouri River Arctic and a unique malate dehydrogenase Mexico–Atlantic Ocean drainage. The grayling might represent an important allele, which strongly differentiated significance of occupancy of this population for reintroduction in those them from all the other samples (Everett drainage basin is that the upper northern regions. We believe that Arctic 1986, p. 44). With the exception one Missouri River basin represents an grayling from the upper Missouri River’s introduced population in Montana that important part of the species’ range from occurrence at the southernmost extreme is believed to have experienced extreme a biogeographic perspective. The only of the range contributes to its genetic bottlenecks, the Chena River other population of Arctic grayling to significance that may increased (Alaskan) fish were highly divergent live in a non-Arctic environment was adaptability and contribute to the from all the other samples as they the Michigan–Great Lakes population resilience of the overall taxon. possessed an unusually low frequency that was extirpated in the 1930s. of superoxide dismutase (Everett 1986, Arctic grayling in Montana (southern Only Surviving Natural Occurrence of p. 60; Leary 2005, p. 1), and contained extent is approximately 44°36′23″ N the Taxon that May be More Abundant a unique variant of the malate latitude) represent the southern-most Elsewhere as an Introduced Population dehydrogenase (Leary 2005, p. 1). extant population of the species’ Outside of its Historical Range Overall, each of the four native Missouri distribution since the Pleistocene This criterion does not directly apply River populations examined (Big Hole, glaciation (Figure 1). The next-closest to the Arctic grayling in the upper Miner, Mussigbrod, and Red Rock) native Arctic grayling population Missouri River because it is not the only exhibited statistically significant outside the Missouri River basin is surviving natural occurrence of the differences in allele frequencies relative found in the Pembina River taxon; there are native Arctic grayling to both the Chena River (Alaska) and (approximately 52°55′6.77″ N latitude) populations in Canada, Alaska, and Athabasca River (Canada) populations in central Alberta, Canada, west of Asia. That said, there are introduced (Everett 1986, pp. 15, 67). Edmonton (Blackburn and Johnson Lake Dwelling Arctic Grayling within Combining the data of Everett (1986, 2004, pp. ii, 17; ASRD 2005, p. 6). Loss the native range in the Upper Missouri entire), Hop and Gharrett (1989, entire), of the native Arctic grayling of the River System and Arctic grayling have and Leary (1990, entire) results in

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information from 21 allozyme loci The two ‘‘common’’ Missouri River Saskatchewan showed substantial (genes) from the five native upper haplotypes also occurred at low divergence between these groups Missouri River drainage populations, frequency in handful of other (Peterson and Ardren 2009, entire). five native populations in the Yukon populations elsewhere in Canada and Genetic differentiation between sample River drainage in Alaska, and the one Alaska. For example, there a total of five populations can be compared in terms population descended from the such populations where a few of the genetic variation within relative Athabasca River drainage in Canada individuals contained had one or the to among populations, measured in (Leary 2005, pp. 1–2). Examination of other of the two common Missouri River terms of allele frequencies, a metric the genetic variation in these samples haplotypes (25 of 107 individuals called Fst (Allendorf and Luikart 2007, indicated that most of the genetic sequenced; USFWS unpublished data). pp. 52–54, 198–199). An analogous divergence is due to differences among Also similar to the earlier study by metric, named Rst, also measures genetic drainages (29 percent) and Stamford and Taylor (2004, entire), a differentiation between populations comparatively little (5 percent) results few individuals (9 of 40 individuals) based on microsatellite DNA, but differs from differences among populations from two populations from the Lower from Fst in that it also considers the size within a drainage (Leary 2005, p. 1). Peace River and the Upper Yukon River differences between alleles (Hardy et al. also had one or the other of the two Mitochondrial DNA 2003, p. 1468). An Fst or Rst of 0 common Missouri River haplotypes indicates that populations are the same Analysis using mtDNA suggest that (USFWS unpublished data). genetically (all genetic diversity within Arctic grayling in North America The distribution of the common a species is shared by all populations), represent at least three evolutionary Missouri River haplotype compared to whereas a value of 1 indicates the lineages that are associated with distinct others suggested that Arctic grayling populations are completely different (all glacial refugia (Redenbach and Taylor native to the upper Missouri River the genetic diversity within a species is 1999, entire; Stamford and Taylor 2004, drainage probably originated from a found as fixed differences among entire). Arctic grayling in the Missouri glacial refuge in the drainage and populations). Fst values ranged from River basin belong to the so-called subsequently migrated northwards 0.13 to 0.31 (average 0.18) between North Beringia lineage (Redenbach and when the Missouri River temporarily Missouri River and Saskatchewan Taylor 1999, pp. 27–28; Samford and flowed into the Saskatchewan River and populations (Peterson and Ardren 2009, Taylor 2004, pp. 1538–1540). Analysis was linked to an Arctic drainage (Cross pp. 1758, 1764–1765), whereas Rst of Arctic grayling using restriction et al. 1986, pp. 374–375; Pielou 1991, p. values ranged from 0.47 to 0.71 (average enzymes and DNA sequencing indicated 195). When the Missouri River began to 0.54) for the same comparisons that the fish from the upper Missouri flow southwards because of the advance (Peterson and Ardren 2009, pp. 1758, River drainage possessed, in terms of of the Laurentide ice sheet (Cross et al. 1764–1765). This indicates that the two North American fish, an ancestral form 1986, p. 375; Pileou 1991, p. 10), the groups (Missouri vs. Saskatchewan of the molecule (different forms of Arctic grayling in the drainage became populations) differ significantly in allele mtDNA molecules are referred to as physically and reproductively isolated frequency and also in the size haplotypes) that was generally absent from the rest of the species’ range (Leary differences, and therefore divergence, from populations collected from other 2005, p. 2; Campton 2006, p. 6), which among those alleles. This indicates that locations within the species’ range in would have included those populations the observed genetic differences are not North America (Redenbach and Taylor in Saskatchewan. Alternatively, the simply due to random loss of genetic 1999, pp. 27–28; Stamford and Taylor Missouri River Arctic grayling could variation because the populations are 2004, p. 1538). The notable exceptions have potentially colonized isolated (genetic drift), but they also are were that some fish from the lower Saskatchewan or the Lower Peace River due to mutational differences, which Peace River drainage in British (in British Columbia) or both post- suggests the groups may have been Columbia, Canada (2 of 24 individuals glacially (Stamford 2001, p. 49) via a separated for millennia (Peterson and in the population), and all sampled gap in the Cordilleran and Laurentide Ardren 2009, pp. 1767–1768). individuals from the Saskatchewan ice sheets (Pielou 1991, pp. 10–11), River drainage Saskatchewan, Canada (a which also might explain the low Comparison of 435 individuals from total of 30 individuals from 2 frequency of one or the other of the 21 Arctic grayling populations from populations), also possessed this ‘Missouri River’ haplotypes in grayling Alaska, Canada, and the Missouri River haplotype (Stamford and Taylor 2004, p. in the Lower Peace River and Upper basin using nine of the same 1538). Yukon River. microsatellite loci as Peterson and Variation in mtDNA haplotypes based We do not interpret the observation Ardren (2009, entire) further supports on sequencing a portion of the ‘control that Arctic grayling in Montana and the distinction of Missouri River Arctic region’ of the mtDNA molecule of Arctic Saskatchewan, and to lesser extent those grayling relative to populations grayling from 26 different populations from the Lower Peace and Upper Yukon elsewhere in North America (USFWS, seems to support the groupings River systems, share a mtDNA unpublished data). A statistical analysis proposed by Stamford and Taylor (2004, haplotype to mean that these groups of that determines the likelihood that an entire) (USFWS unpublished data). Two fish are genetically identical. Rather, we individual fish belongs to a particular haplotypes were common in the five interpret it to mean that these fish group (e.g., STRUCTURE) (Pritchard et native Missouri River populations (Big shared a common ancestor tens to al. 2000, entire), clearly separated the Hole, Red Rock, Madison, Miner, and hundreds of thousands of years ago. sample fish from 21 populations into Mussigbrod – total sample size 143 two clusters: one cluster representing individuals; USFWS unpublished data). Microsatellite DNA populations from the upper Missouri Fish from three populations in Recent analysis of microsatellite DNA River basin, and another cluster Saskatchewan or near Hudson’s Bay (highly variable portions of nuclear representing populations from across also had one of these Missouri River DNA that exhibit tandem repeats of Canada and Alaska (USFWS, haplotypes at very high frequency (50 of DNA base pairs) that included samples unpublished data). Factorial 51 individuals sequenced had the same from five native Missouri River correspondence analysis (FCA) plots of haplotype; USFWS unpublished data). populations and two from individual fish also separated the fish

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into two groups, or clouds of data points populations that were significantly populations worldwide, and we find when visualized in a three-dimensional different in terms of their meristic that loss of this population segment space (USFWS, unpublished data). The characteristics also exhibited differences would create a significant gap in the FCA is a multivariate data analysis in molecular genetic markers (Weiss et species’ range. Molecular genetic data technique used to simplify presentation al. 2006, p. 518). clearly differentiate Missouri River of complex data and to identify Arctic grayling from other Arctic Inference Concerning Genetic systematic relations between variables, grayling populations, including those in Differences in Arctic Grayling of the in this case the multi-locus genotypes of Canada and Alaska. We conclude that Missouri River Relative to Other Arctic grayling. As with the other because Arctic grayling of the upper Examples of the Taxon analysis, the FCA plots clearly Missouri River basin satisfy the criteria distinguished Missouri River Arctic We believe the differences between for being discrete and significant under grayling from those native to Canada Arctic grayling in the Missouri River our DPS policy, we determined that this and Alaska (USFWS, unpublished data). and sample populations from Alaska population constitutes a DPS under our Divergence in size among these alleles and Canada measured using policy and the Act. further supports the distinction between microsatellite DNA markers (Peterson In our stipulated settlement Missouri River grayling from those in and Ardren 2009, pp. 1764–1766; agreement, we also agreed to consider Canada and Alaska (USFWS, USFWS, unpublished data) represent the appropriateness of distinct unpublished data). The interpretation of ‘‘marked genetic differences’’ in terms of population segments based on the two these data is that the Missouri River the extent of differentiation (e.g., Fst, Rst) different ecotypes (fluvial and adfluvial) populations and the Canada/Alaska and the importance of that genetic expressed by native Arctic grayling of populations are most genetically legacy to the rest of the taxon. The the upper Missouri River. We distinct at the microsatellite loci presence of morphological acknowledge there are cases where the considered. characteristics separating Missouri River Service has designated distinct Arctic grayling from other populations population segments primarily on life- Phenotypic Characteristics Influenced also likely indicates genetic differences, history even when they co-occur with by Genetics—Meristics although this conclusion is based on a another ecotype that can be part of the Phenotypic variation can be evaluated limited number of populations (Everett same gene pool (e.g., anadromous by counts of body parts (i.e., meristic 1986, pp. 32–35; Weiss et al. 2006, steelhead and resident rainbow trout, counts of the number of gill rakers, fin entire), and we cannot entirely rule out Oncorhynchus mykiss (71 FR 838, rays, and vertebrae characteristics of a the influence of environmental January 5, 2006). However, we conclude population) that can vary within and variation. that designation of a single population among species. These meristic traits are The intent of the DPS policy and the segment for Arctic grayling in the upper influenced by both genetics and the ESA is to preserve important elements Missouri River is more appropriate than environment (Allendorf and Luikart of biological and genetic diversity, not designating two separate distinct 2007, pp. 258–259). When the traits are necessarily to preserve the occurrence of population segments delineated by life- controlled primarily by genetic factors, unique alleles in particular populations. history type. In the Missouri River then meristic characteristics can In Arctic grayling of the Missouri River, basin, the two ecotypes share a common indicate significant genetic differences the microsatellite DNA data indicate evolutionary history, and do not cluster among groups. Arctic grayling north of that the group is evolving genetically based strictly on ecotype. As the Brooks Range in Alaska and in independently from the rest of the we discussed above, the fluvial and northern Canada had lower lateral line species. The extirpation of this group adfluvial life-history forms of Arctic scale counts than those in southern would mean the loss of the genetic grayling in the upper Missouri River do Alaska and Canada (McCart and Pepper variation in one of the two most distinct not appear to represent distinct 1971, entire). These two scale-size groups identified in the microsatellite evolutionary lineages. There appears to phenotypes are thought to correspond to DNA analysis, and the loss of the future be some plasticity in behavior where fish from the North and South Beringia evolutionary potential that goes with it. individuals from a population can glacial refuges, respectively (Stamford Thus, the genetic data support the exhibit a range of behaviors. From a and Taylor 2004, p. 1545). Arctic conclusion that Arctic grayling of the practical standpoint, we observe that grayling from the Red Rock Lakes upper Missouri River represent a unique only five native Arctic grayling drainage had a phenotype intermediate and irreplaceable biological resource of populations remain in the Missouri to the large- and small-scale types the type the ESA was intended to River basin, and we believe that both (McCart and Pepper 1971, pp. 749, 754). preserve. Thus, we conclude that fluvial and adfluvial native ecotypes Arctic grayling populations from the Missouri River Arctic grayling differ have a role in the conservation of the Missouri River (and one each from markedly in their genetic characteristics larger population segment. We believe Canada and Alaska) could be correctly relative to the rest of the taxon. that the intent of the ESA and the DPS assigned to their group 60 percent of the policy, and our obligation to assess the Conclusion time using a suite of seven meristic appropriateness of alternate DPS traits (Everett 1986, pp. 32–35). Those We find that a population segment designations in the settlement native Missouri River populations that that includes all native ecotypes of agreement are best served by had high genetic similarity also tended Arctic grayling in the upper Missouri designating a single distinct population to have similar meristic characteristics River basin satisfies the discreteness segment, rather than multiple (Everett 1986, pp. 80, 83). standard of the DPS policy. The segment population segments. Arctic grayling from the Big Hole is physically isolated, and genetic data As we described above, we are not River showed marked differences in indicates that Arctic grayling in the including introduced populations that meristic characteristics relative to two Missouri River basin have been occur in lakes in the Upper Missouri populations from Siberia, and were separated from other populations for River basin in the DPS. The Service has correctly assigned to their population of thousands of years. The population interpreted the Act to provide a origin 100 percent of the time (Weiss et segment occurs in an ocean drainage statutory directive to conserve species al. 2006, pp. 512, 515–516, 518). The different from all other Arctic grayling in their native ecosystems (49 FR 33890,

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August 27, 1984) and to conserve Hole, and Madison Rivers, as well as Population Status and Trends for genetic resources and biodiversity over their key tributaries, as well as a few Native Arctic Grayling in the Upper a representative portion of a taxon’s small lakes where Arctic grayling are or Missouri River historical occurrence (61 FR 4723, were believed to be native (Elk Lake, We identified a DPS for Arctic February 7, 1996). The introduced Red Rock Lakes, Miner Lake, and grayling in the upper Missouri River Arctic grayling occur in lakes apart from Mussigbrod Lake, all in Beaverhead basin that includes five extant native fluvial environments and from County, Montana). We define the populations: (1) Big Hole River, (2) lakes where native adfluvial grayling current range of the DPS to consist of Miner Lake, (3) Mussigbrod Lake, (4) occur. These introduced populations extant native populations in the Big Madison River-Ennis Reservoir, and (5) have not been used for any conservation Hole River, Miner Lake, Mussigbrod Red Rock Lakes. In general, we purpose and could pose genetic risks to Lake, Madison River–Ennis Reservoir, summarize what is known about the the native Arctic grayling population. and Red Rock Lakes. We refer to this historical distribution and abundance of We find that the Arctic grayling of the DPS as the native Arctic grayling of the each of these populations, describe their upper Missouri River basin constitute a upper Missouri River. The remainder of current distributional extent, summarize distinct population segment. We define this finding will thus focus on the any available population monitoring the historical range of this population population status of and threats to this data, identify the best available segment to include the major streams, entity. information that we use to infer the lakes, and tributary streams of the upper current population status, and Missouri River (mainstem Missouri, summarize the current population status Smith, Sun, Beaverhead, Jefferson, Big and trends.

TABLE 4. EXTENT AND CURRENT ESTIMATED EFFECTIVE POPULATION SIZES (Ne) OF NATIVE ARCTIC GRAYLING POPULATIONS IN THE MISSOURI RIVER BASIN. VALUES IN PARENTHESES REPRESENT 95 PERCENT CONFIDENCE INTERVALS.

Estimated Adult Population Size Assuming: Biological Date of Population Name Population Extenta Nb N /N ratio 0.25 d N/N ratio 0.14 e e Population Size c e e

Big Hole River 158 mi 208 (176 to 251) 2000–2003 828 (704 to 1,004) 1,486 (1,257 to 1,793)

Miner Lakes 26.9 ha 286 (143 to 4,692) 2001–2003 1,144 (572 to 18,768) 2,043 (1,021 to 33,514)

Mussigbrod Lake 42.5 ha 1,497 (262 to ∞) 2001–2003 5,988 (1,048 to ∞) 10,693 (1,871 to ∞)

Madison River–Ennis Reservoir 1,469 ha 162 (76 to ∞) 1991–1993 648 (304 to ∞) 1,157 (543 to ∞)

Red Rock Lakes 890 ha 228 (141 to 547) 2000–2002 912 (564 to 2,188) 1,629 (1,007 to 3,907) a Approximate maximum spatial extent over which Arctic grayling are encountered in a given water. b Effective population size estimates from Peterson and Ardren (2009, p.1767). Confidence intervals that include infinity (∞) can result from statistical artifacts of the linkage disequilibrium method (Waples and Do 2007, p. 10; Russell and Fewster 2009, pp. 309–310). The usual inter- pretation is that there is no evidence for any disequilibrium caused by genetic drift due to a finite number of parents—it can all be explained by sampling error (Waples and Do 2007, p. 10). Thus, the effective size is infinitely large. Small sample sizes may influence estimates in some cases (e.g., Madison River-Ennis Reservoir). c Approximate date to which the Ne estimate refers. For example, Ne for the Big Hole River based on genotyping a sample of fish from 2005– 2006, but the interpretation of Ne is the number of breeding adults that produced the fish in the observed sample. Thus the true biological date of the Ne estimate is one generation before 2005–2006, or approximately 2000–2003. d Adult population size estimated from Ne assuming Ne /N = 0.25. This value was the midpoint of a range of values (0.2–0.3) commonly cited for Ne /N ratios in salmonid fishes (Allendorf et al. 1997, p. 143; McElhahey et al. 2000, p. 63; Rieman and Allendorf 2001, p. 762; Palm et al. 2003, p. 260). e Adult population size estimated from Ne assuming Ne /N = 0.14. This value was the median Ne /N ratio based on a meta analysis of 83 stud- ies for 65 different species (Palstra and Ruzzante 2008, p. 3428).

Big Hole River distance of approximately 181 river km Kaya (1992, pp. 50–52) noted the Historically, Arctic grayling (113 mi), and in 11 tributaries, totaling general lack of monitoring data for the presumably had access to and were an additional 72 river km (45 mi) Big Hole River fluvial Arctic grayling distributed throughout much of the Big (Magee 2010a, pers. comm.; see Table 4 population prior to the late 1970s, but Hole River, including the lower reaches above). The total current maximum data collected since that time indicate of many tributary streams, such as Big extent of Arctic grayling occurrence in the overall range has contracted over the Lake, Deep, Doolittle, Fishtrap, Francis, the Big Hole River is approximately 250 last 2 decades. During 1978 and 1979 Governor, Johnson, LaMarche, Miner, river km (156 mi). However, the fish are Arctic grayling were observed in Mussigbrod, Odell, Pintlar, Rock, Sand not continuously distributed across this Governor Creek (in the headwaters of Hollow, Swamp, Seymour, Steel, distance, and instead tend to be the Big Hole River) and downstream in Swamp, and Wyman Creeks, as well as concentrated in discrete patches (Magee the Big Hole River near Melrose, the Wise River (Liknes 1981, p. 11; et al. 2006, pp. 27–28; Rens and Magee Montana (Liknes 1981, p. 11). Arctic Liknes and Gould 1987, p. 124; Kaya 2007, p. 15) typically associated with grayling have not recently been 1990, pp. 36–40). Presently, Arctic spawning and rearing habitats or cold- encountered in Governor Creek (Rens grayling are found primarily in the water sites that provide a thermal refuge and Magee 2007, p. 15; Montana Fish, mainstem Big Hole River between the from high summer water temperatures. Wildife and Parks (MFWP), towns of Glen and Jackson, Montana, a unpublished data), but are occasionally

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encountered in the Big Hole River overwintering (Magee and Lamothe 2000s (see Figure 3, USFWS downstream of Divide, Montana, at very 2003, pp. 18–21; MFWP unpublished unpublished data), which is equivalent low densities and as far downstream as data). Comparatively, greater numbers of to a decline of 7 percent per year, on Melrose or Glen, Montana (Oswald Arctic grayling are encountered in the average. Monitoring data collected by 2005a, pers. comm.). More recently, lower reaches of tributaries to the upper MFWP also support the conclusion that Arctic grayling have become less Big Hole River, including LaMarche, the Arctic grayling population in the Big abundant in historical spawning and Fishtrap, Steel, and Swamp Creeks Hole River declined during this time rearing locations in the upper watershed (Rens and Magee 2007, p. 13). period (Byorth 1994a, p. 11; Rens and near Wisdom, Montana, and also in Based on the best available data, the Magee 2007, entire; MFPW, downstream river segments with deep adult population declined by one half unpublished data). pool habitats considered important for between the early 1990s and the early

FIGURE 3. Effective population size which has a total surface area of 26.7 The best available information on the (Ne) of Big Hole River Arctic grayling hectares (ha) or 0.267 km2 (66 acres abundance of Miner Lakes Arctic based on microsatellite DNA genotypes (ac)). Arctic grayling primarily reside in grayling comes from a genetic from fish collected in three time periods the lake, and presumably move into the assessment of that population. Based on (USFWS, unpublished data). The Ne are inlet or outlet tributary to spawn. a sample of fish from 2006, Peterson and estimated using the linkage Surveys conducted upstream and Ardren (2009, p. 1767) estimated an disequilibrium method of Waples and downstream of the Lower Miner Lakes effective population size of 286. This Do (2008, entire), and error bars in 1992 and 1994, respectively, captured estimate represents an approximation of represent 95% confidence intervals no Arctic grayling (Downing 2006, pers. abundance of breeding adults at a single estimated by the jackknife method. comm.). Apparently, adults do not point in time, and there are no data on which to base an assessment of the Miner Lakes remain in the stream long after spawning and young-of-the-year (YOY) population trend. The Miner Lakes are a complex of move into Lower Miner Lakes. small lakes in the upper Big Hole River Mussigbrod Lake drainage. Lower Miner Lakes are two The MFWP conducted limited Mussigbrod Lake has a surface area of small lakes in the middle of the Miner surveys in Lower Miner Lakes, but the 42.5 ha (105 ac), and is found in the Creek drainage connected by a narrow abundance of the population has not middle reaches of Mussigbrod Creek, a section approximately 100 m (330 ft) in been estimated by traditional fishery tributary to the North Fork Big Hole length, functionally representing a methods. Arctic grayling are classified River. Arctic grayling primarily reside single lake for fish populations. Arctic as ‘‘common’’ in Lower Miner Lakes in the lake. We do not know whether grayling occur in Lower Miner Lakes (MFISH 2010). Introduced brook trout Arctic grayling spawn in the inlet (hereafter Miner Lakes population), also are present. stream or within the lake (Magee and

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Olsen 2010, pers. comm.). Arctic Arctic grayling migrate from the Mogen 1996, pp. 2–5, 75–84). As of grayling occasionally pass over a reservoir into the river to spawn, then about 50 years ago, Arctic grayling diversion structure downstream at the return to the reservoir (Byorth and spawned in at least 12 streams in the outlet of Mussigbrod Lake, and become Shepard 1990, pp. 21–22; Rens and Centennial Valley (Mogen 1996, p. 17), trapped in a pool that is isolated Magee 2007, pp. 20–21). The YOY but they appear to have been extirpated because of stream dewatering. The Arctic grayling spawned in the Madison from all but 2 streams (Boltz 2006, p. 6). MFWP periodically capture grayling in River migrate downstream into Ennis Presently, Arctic grayling spawn in two this pool and return them to the lake. Reservoir about 1 month after locations within the Red Rock River Data for the Mussigbrod Lake emergence, but while they are in the drainage: Odell Creek, a tributary to population of Arctic grayling is river, they are typically encountered in Lower Red Rock Lake; and Red Rock minimal. The MFWP has conducted backwater or slackwater habitat (Jeanes Creek, the primary tributary to Upper very limited surveys and the abundance 1996, pp. 31–34). Red Rock Lake (Mogen 1996, pp. 47–48; of the population has not been The MFWP has sporadically Boltz 2006, p. 1). Lower and Upper Red estimated by traditional fishery monitored Arctic grayling in the Rock Lakes are connected by a short methods. Genetic data indicate that Madison River near Ennis Reservoir segment of river, and both lakes are Arctic grayling are comparatively since about 1990. Despite sparse data, contained within the boundaries of the abundant (see Table 4 above). Based on declining catches for both spawning Red Rock Lakes National Wildlife a sample from 2006, Peterson and adults and YOY indicate the population Refuge (NWR). The upper lake appears Ardren (2009, p. 1767) estimated an is less abundant now compared to the to be the primary rearing and effective size of 1,497. The best early 1990s. The highest numbers of overwintering habitat for Arctic available data indicate that the YOY Arctic grayling were encountered grayling. Red Rock Creek is the only Mussigbrod Lake population is in the early 1990s, and no more than stream where Arctic grayling spawn in comparatively large, but we have no two have been captured in any given appreciable numbers (Mogen 1996, pp. data about the population trend. year since that time. Our interpretation 45–48). Collectively, we refer to this of this information is that Arctic Madison River – Ennis Reservoir population as the Red Rocks Lakes grayling in the Madison River–Ennis Arctic grayling, and characterize it as Historically, Arctic grayling were Reservoir population have declined having the adfluvial ecotype. reported to be abundant in the middle during the past 20 years and are Arctic grayling in the Red Rock Lakes and upper Madison River, but have presently at very low abundance. have been monitored intermittently undergone a dramatic decline in the Abundance of the Madison River– since the 1970s. Most of that effort past 100 years with the species Ennis Reservoir Arctic grayling has been focused on Red Rock Creek, but periodic becoming rare by the 1930s (Vincent estimated twice. In 1990, the adult sampling also occurred in Odell Creek. 1962, pp. 11, 85–87). Native Arctic population was estimated to be 545, but The MFWP and the Service occasionally grayling are thought be extirpated from the authors cautioned that the accuracy sampled for Arctic grayling in Odell the upper Madison River. A major of the estimate was questionable as it Creek, where grayling abundance impact to fish in that area was the was based on recapturing only. From a declined over the past few decades. On construction of Hebgen Dam, which sample of fish collected mostly in 1996, average, the minimum sizes of the flooded Horsethief Springs, a small the effective size of the population spawning runs in Red Rock Creek since tributary that was reportedly one of the (breeding adults) was estimated as 162 1994 are about half of those recorded 4 most important streams for Arctic (Peterson and Ardren 2009, p. 1767). decades ago (i.e., 623 vs. 308 per year) grayling (Vincent 1962, pp. 40–41, 128). The average number of Arctic grayling (data summarized from Mogen 1996, p. In the middle Madison River, Arctic captured per unit effort (CPUE) declined 70 and Boltz 2006, p. 7). The spawning grayling were apparently common to by approximately a factor of 10 between runs into Red Rock Creek fluctuated plentiful in the mainstem River near the early 1990s and recent samples during the 1990s and early 2000s, but Ennis, Montana, and some associated (Clancey 1998, p. 10; Clancey 2007, about 450 or fewer adult Arctic grayling tributaries (Jack, Meadow, and O’Dell p.16; Clancey 2008, pp. ii, 21, A2-2; have been captured in 6 of 7 years in Creeks) (Vincent 1962, p. 128). In 1906, Clancey and Lohrenz 2009, pp. 30, B2; which weirs traps were operated. construction of Ennis Dam blocked all Clancey 2010a, pers. comm.; Clancey Electrofishing surveys conducted in Red upstream movement of fishes, and 2010b, pers. comm.). Adult Arctic Rock Creek by MFWP seem to apparently had a large negative effect on grayling may currently exist at only 10 corroborate a decline in the spawning Arctic grayling. Vincent (1962) noted to 20 percent of the abundance observed population, as total catches decreased that ‘‘early settlers reported scooping up in the early 1990s. Based on the best even as sampling effort increased (Rens boxes full of grayling at the base of available data, we conclude that this and Magee 2007, pp. 16–18). Ennis Dam the year after it was Arctic grayling population has been in Based on a sample of fish from Red constructed’’ (p. 128), and that the a decline during the past 20 years and Rock Creek in 2005, Peterson and species apparently became quite rare by may only consist of a few hundred Ardren (2009, pp. 1761, 1767) estimated the late 1930s (Vincent 1962, p. 85). adults. an effective size of 228, which is The current distribution of Arctic interpreted as the number of breeding Red Rocks Lakes grayling in the Madison River is adults that produced the fish sampled in primarily restricted to the Ennis Arctic grayling are native to waters of 2005. The best available data indicate Reservoir and upstream into the river the upper Beaverhead River system, that the Red Rock Lakes Arctic grayling approximately 6.5 km (approximately 4 including the Red Rock River drainage. population has declined over the past 2 mi) to the Valley Garden Fishing Access During the past 50 to 100 years, both the decades. Site (Byorth and Shepard 1990, p. 21). distribution and abundance of Arctic Arctic grayling are occasionally grayling in the Centennial Valley, Population viability analysis (PVA) of encountered in the Madison River Beaverhead County, Montana (which native Missouri River Arctic grayling downstream and upstream from Ennis contains the Red Rock River), has To gauge the probability that the Reservoir (Byorth and Shepard 1990, p. severely declined (Vincent 1962, pp. different native populations of Arctic 25; Clancey 2004, p. 22; 2008, p. 21). 115–121; Unthank 1989, pp. 13–17; grayling in the upper Missouri River

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basin will go extinct from unpredictable Arctic Grayling Conservation Efforts population has become a stable and events in the foreseeable future, we Native Arctic Grayling Genetic Reserves viable population, as defined by the conducted a simple population viability and Translocation guidance and implementation analysis (PVA) (see Dennis et al. (1991, documents of the translocation entire) in Morris and Doak 2002, pp. 85– Given concern over the status of programs (AGW 1995, p. 1; native Arctic grayling, the Montana 87 for details on the PVA model and the Memorandum of Agreement (MOA) Arctic Grayling Recovery Program software code to run the model). We 1996, p. 2). Consequently, we do not (AGRP) was formed in 1987, to address assumed that a population with 50 or consider the Ruby River to represent a conservation concerns for primarily the self-sustaining population for the fewer adults is likely influenced by fluvial ecotype in Big Hole River, and to demographic stochasticity (chance purposes of evaluating the population a lesser extent the native adflvuial status of Missouri River grayling in this variation in the fates of individuals population in Red Rock Lakes within a given year) and genetic finding. Arctic grayling presumably (Memorandum of Understanding (MOU) from previous translocations are stochasticity (random changes in a 2007, p. 2). The AGW was established occasionally encountered near population’s genetic makeup), and as an ad hoc technical workgroup of the translocation sites in other waters (Rens would not be expected to persist long as AGRP. In 1995, the AGW finalized a and Magee 2007, pp. 35–38; MFWP, a viable population. For the different restoration plan that outlined an agenda unpublished data). There is no evidence PVA scenarios, we assume either the of restoration tasks and research, that these individuals represent progeny population has stabilized, or the including management actions to secure from a re-established population, so we estimated decline will continue at a the Big Hole River population, brood cannot consider them elements of a constant rate. stock development, and a program to re- stable and viable population for the We considered the probability of establish four additional fluvial purposes of evaluating the population extinction individually by population, populations (AGW 1995, pp. 7–17). status of Missouri River Arctic grayling Consequently, the State of Montana as populations appear to be in this finding. established genetic reserves of Big Hole reproductively isolated. The relative River grayling (Leary 1991, entire), and Big Hole River Candidate Conservation risk of extinction in the foreseeable has used the progeny from those Agreement with Assurances future (30 years based on the reserves in efforts to re-establish On August 1, 2006, the Service issued observation that the variability in additional fluvial populations within ESA section 10(a)(1)(A) enhancement of predictions for extinction risk from the the historical native range in the survival permit (TE-104415-0) to PVA model increases substantially after Missouri River basin (Rens and Magee Montana Fish, Wildlife and Parks 30 years) varies among the different 2007, pp. 21–38). Currently, brood (MFWP) to implement a Candidate populations, with the largest (genetic) reserves of Big Hole River Conservation Agreement with population, Mussigbrod Lake, having a grayling are held in two closed-basin Assurances for Arctic grayling in the very low probability of extinction (less lakes in south-central Montana (Rens upper Big Hole River (Big Hole Grayling than 1 percent) in the foreseeable future, and Magee 2007, p. 22). These fish are CCAA) (MFWP et al. 2006, entire). This even given a population decline. The manually spawned to provide gametes permit is valid through August 1, 2026. other four populations have for translocation efforts in Montana The goal of the Big Hole Grayling CCAA comparatively greater probabilities of (Rens and Magee 2007, p. 22). is to secure and enhance a population extinction in the foreseeable future, Functionally, these brood reserves are of fluvial Arctic grayling within the with all being roughly similar in hatchery populations maintained in a upper reaches of their historic range in magnitude (13-55 percent across natural setting, and we do not consider the Big Hole River drainage by working populations) when considering only them wild populations for the purposes with non-Federal property owners to stochastic (random or chance) of evaluating the status of native Arctic implement conservation measures on processes. The Madison River has the grayling in the Missouri River basin. their lands. The guidelines of this CCAA greatest probability of extinction by However, they are important to recovery will be met by implementing stochastic processes (36-55 percent), efforts. conservation measures that improve followed by Big Hole (33-42 percent), For more than 13 years, MFWP has stream flows, protect and restore Red Rocks (31-40 percent), and Miner attempted to re-establish populations of riparian habitats, identify and reduce or (13-37 percent). fluvial Arctic grayling in various eliminate entrainment (inadvertent locations in the Missouri River basin, capture) of grayling in irrigation ditches, Overall, the PVA analyses indicate including the Ruby, Sun, Beaverhead, and remove human-made barriers to that four populations (Madison, Big Missouri, Madison, Gallatin, and grayling migration (MFWP et al. 2006, Hole, Red Rocks, and Miner) appear to Jefferson Rivers (Lamothe and Magee p. 3). Currently, 32 landowners be at risk from chance environmental 2004a, pp. 2, 28). A self-sustaining representing 64,822 ha (160,178 ac) in variation because of low population population has not yet been established the upper Big Hole River drainage are abundance. This is a general conclusion, from these reintroductions (Lamothe participating in the CCAA (Lamothe and the actual risk may vary and Magee 2004a, p. 28; Rens and 2009, p. 5). The MFWP leads the Big substantially among populations Magee 2007, pp. 35–36, 38). Recent Hole Grayling CCAA implementation (USFWS unpublished data). For efforts have focused more intensively on effort, and is supported by Montana example, Arctic grayling in the Big Hole the Ruby and Sun Rivers, and have used Department of Natural Resources and River population spawn in different methods that should improve Conservation (MDNRC), USDA Natural locations, which would reduce the risk reintroduction success (Rens and Magee Resources Conservation Service (NRCS), that an environmental catastrophe 2007, pp. 24–36). Encouragingly, natural and the Service. Other groups helping would simultaneously kill all breeding reproduction by Arctic grayling in the implement the CCAA include the Big adults, relative to a situation where Ruby River was confirmed during fall Hole Watershed Committee, the Big adults appear to be primarily in a single 2009 (Magee 2010b, pp. 6–7, 22). Hole River Foundation, Montana Trout location or reach of river (e.g., Red Monitoring will continue in subsequent Unlimited, the Western Water Project Rocks and Madison populations). years to determine whether the (affiliated with Trout Unlimited), and

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The Nature Conservancy (Lamothe A. The Present or Threatened necessary for the expression of 2008, p. 23). Detailed information on Destruction, Modification, or migratory life histories. Construction of conservation actions and restoration Curtailment of Its Habitat or Range dams that obstructed fish passage on the projects implemented under the plan Curtailment of Range and Distribution mainstem Missouri River (Hauser, are available in various reports (AGW Holter, Canyon Ferry, and Toston), 2010, p. 4; Everett 2010, entire; Lamothe The number of river kilometers Madison River (Madison–Ennis, et al. 2007, pp. 6–35; Lamothe 2008, pp. (miles) occupied by the fluvial ecotype Hebgen), Beaverhead River and its 7–21; Lamothe 2009, entire; Lamothe of Arctic grayling in the Missouri River tributary Red Rock River (Clark Canyon, 2010, entire; Magee 2010b, entire; has been reduced by approximately 95 Lima), Ruby River (Ruby), and Sun Roberts 2010, entire). percent during the past 100 to 150 years River (Gibson) all contributed to the (Kaya 1992, p. 51). The fluvial life rangewide decline of this DPS (Vincent Biological Effectiveness of the Ongoing history is only expressed in the 1962, pp. 127–128; Kaya 1992, p. 57; see Conservation Programs population residing in the Big Hole Figure 2). The current and anticipated effects of River; the remnant population in the Dams also may continue to impact the the aforementioned conservation Madison River near Ennis Reservoir has extant population in the Madison River. programs on the biological status and apparently diverged toward an adfluvial The Madison Dam (also known as Ennis threats to Arctic grayling of the upper life history. Arctic grayling distribution Dam), as with the aforementioned dams, Missouri River are discussed elsewhere within the Centennial Valley in the is a migration barrier with no fish in the document (see Summary of upper Beaverhead River also has been passage facilities. Anglers have reported Information Pertaining to the Five severely curtailed during the last 50 to encountering Arctic grayling in pools Factors and Finding sections, below). 100 years, such that the only remaining below the dam, implying that fish We continue to encourage and promote example of the species in that drainage occasionally pass (downstream) over or collaborative efforts to secure existing is an adfluvial population associated through the dam. These fish would be populations, and to increase the with the Red Rock Lakes. Indigenous ‘‘lost’’ to the population residing above distribution of the Arctic grayling populations in the Big Hole River, the dam because they cannot return within its historical range in the upper Madison River, and Red Rock Lakes all upstream, but have apparently not Missouri River basin. exist at reduced densities on both established populations downstream. contemporary and historical timescales. Operational practices of the Madison Summary of Information Pertaining to The Miner Lakes and Mussigbrod Lake the Five Factors Dam also have been shown to affect the populations appear to have been resident fishes. A population decline of Section 4 of the ESA (16 U.S.C. 1533) reproductively isolated for hundreds of Arctic grayling coincided with a and implementing regulations (50 CFR years (USFWS, unpublished data), so a reservoir drawdown in winter 1982– 424) set forth procedures for adding restricted distribution may represent the 1983 that was intended to reduce the species to the Federal Lists of natural historical condition for these effects of aquatic vegetation on the Endangered and Threatened Wildlife populations. The curtailment of range hydroelectric operations at the dam and Plants. Under section 4(a)(1) of the and distribution is a current threat, (Byorth and Shepard 1990, pp. 52–53). ESA, a species may be determined to be because the probability of extirpation of This drawdown likely affected the endangered or threatened based on any the DPS is related to the number of forage base, rearing habitat, and of the following five factors: (A) The populations and their resilience. Since spawning cycle of Arctic grayling in the present or threatened destruction, the DPS currently exists as a set of reservoir. modification, or curtailment of its generally small, isolated populations The presence of mainstem dams is a habitat or range; (B) overutilization for that cannot naturally re-found or historical, current, and future threat to commercial, recreational, scientific, or ‘rescue’ another population. Thus, the the DPS. Lack of fish passage at these educational purposes; (C) disease or curtailment of range and distribution dams contributed to the extirpation of predation; (D) the inadequacy of will remain a threat in the foreseeable Arctic grayling from some waters by existing regulatory mechanisms; or (E) future, absent the reestablishment of blocking migratory corridors (Vincent other natural or manmade factors additional populations within the DPS’ 1962, p. 128), curtailing access to affecting its continued existence. In historical range. Reintroduction important spawning and rearing making this finding, information attempted under the auspices of the habitats, and impounding water over pertaining to the Missouri River DPS of 1995 Restoration Plan (AGW 1995, former spawning locations (Vincent Arctic grayling in relation to the five entire) have been underway since 1997, 1962, p. 128). These dams are an factors provided in section 4(a)(1) of the but have not yet resulted in re- impediment to fish migration and limit Act is discussed below. establishment of populations or the the ability of fish to disperse between In considering what factors might expansion of the DPS’ current range. existing populations or recolonize constitute threats to a species, we must habitat fragments, and will continue to look beyond the exposure of the species Dams on Mainstem Rivers act in this manner for the foreseeable to a factor to evaluate whether the The majority of the historical range of future. We believe the presence of a species may respond to the factor in a the Upper Missouri River DPS of Arctic mainstem dam is an immediate and way that causes actual impacts to the grayling has been altered by the imminent threat to the Madison River species. If there is exposure to a factor construction of dams and reservoirs that population, as the remaining grayling and the species responds negatively, the created barriers obstructing migrations habitat is adjacent to Ennis Dam (see factor may be a threat and we attempt to spawning, wintering, or feeding areas; Figure 2). We not aware of any plans to to determine how significant a threat it inundated grayling habitat; and retrofit the Ennis Dam or any other is. The threat is significant if it drives, impacted the historical hydrology of mainstem dam to provide upstream fish or contributes to, the risk of extinction river systems (Kaya 1990, pp. 51–52; passage, so we expect the current of the species such that the species Kaya 1992, p. 57). The construction of situation to continue. The Federal warrants listing as endangered or large dams on mainstem river habitats Energy Regulatory Commission (FERC) threatened as those terms are defined in throughout the upper Missouri River license for hydroelectric generation at the Act. system fragmented river corridors Ennis Dam will not expire until the year

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2040 (FERC 2010, entire). The upper (Everett 2010, pp. 2–6). Non-Federal implementation of the Red Rock Lakes Missouri River basin dam having the landowners who control approximately NWR Comprehensive Conservation Plan FERC license with the latest expiration 50 to 70 percent of the points of (CCP) (USFWS 2009, entire — see date is Clark Canyon Dam, which will irrigation diversion in the upper Big Factor D discussion below), but we not expire until 2059 (FERC 2010, Hole River are enrolled in the CCAA conclude that not all barriers that entire). Thus, mainstem dams will (Roberts and Lamothe 2010, pers. potentially affect the population will remain a threat in the foreseeable future, comm.), so the threats posed by fish addressed during this time (e.g., Lower which is 30 to 50 years based on the passage barriers should be substantially Red Rock Lake Water Control Structure) duration of existing FERC licenses in reduced in the Big Hole River during the (USFWS 2009, p. 43). Thus, fish passage the upper basin. next 10 to 20 years (foreseeable future) barriers will remain a threat to the Red based on the minimum duration of site- Rock Lakes grayling in the foreseeable Agriculture and Ranching specific plans for landowners enrolled future. The predominant use of private lands in the CCAA and the duration of the In the Big Hole River, fish passage in the upper Missouri River basin is ESA section 10(a)(1)(A) enhancement of barriers represent a past and present irrigated agriculture and ranching, and survival permit (TE 104415-0) threat. The magnitude of the threat in these activities had and continue to associated with the CCAA (MFWP et al. the Big Hole River should decrease have significant effects on aquatic 2006, p. 75). appreciably during the next 10 to 20 habitats. In general, these effects relate Fish passage barriers also have been years, which represents the foreseeable to changes in water availability and noted in the Red Rock Lakes system future in terms of the potential for the alteration to the structure and function (Unthank 1989, p. 9). Henshall (1907, p. Big Hole Grayling CCAA to address the of aquatic habitats. The specific 5) noted that spawning Arctic grayling threat. Additional projects, such as the activities and their impacts are migrated from the Jefferson River replacement of the Divide Dam, also discussed below. system, through the Beaverhead River should reduce the threat in the Smaller Dams and Fish Passage Barriers and Red Rock River through the Red foreseeable future. Rock Lakes and into the upper drainage, Dewatering From Irrigation and Smaller dams or diversions associated and then returned downstream after Consequent Increased Water with irrigation structures within specific spawning. The construction of a water Temperatures watersheds continue to pose problems control structure (sill) at the outlet of to Arctic grayling migratory behavior, Lower Red Rock Lake in 1930 (and Demand for irrigation water in the especially in the Big Hole River reconstructed in 1957 (USFWS 2009, p. semi-arid upper Missouri River basin drainage. In the Big Hole River, 74)) created an upstream migration has dewatered many rivers formerly or numerous diversion structures have barrier that blocked these migrations currently occupied by Arctic grayling. been identified as putative fish (Unthank 1989, p. 10; Gillin 2001, p. 4- The primary effects of this dewatering migration barriers (Petersen and 4). This structure, along with mainstem are: 1) Increased water temperatures, Lamothe 2006, pp. 8, 12–13, 29) that dams at Lima and Clark Canyon, and 2) reduced habitat capacity. In may limit the ability of Arctic grayling extirpated spawning runs of Arctic ectothermic species like salmonid to migrate to spawning, rearing, or grayling that historically migrated fishes, water temperature sets basic sheltering habitats under certain through the Beaverhead and Red Rock constraints on species distribution and conditions. The Divide Dam on the Big Rivers (see Figure 2; USFWS 2009, p. physiological performance, such as Hole River near the town of Divide, 72). All of these structures preclude activity and growth (Coutant 1999, pp. Montana, has existed for nearly 80 years upstream movement by fishes, and 32–52). Increased water temperatures and is believed to be at least a partial continue to prohibit immigration of can reduce the growth and survival of barrier to upstream movement by fishes Arctic grayling from the Big Hole River Arctic grayling (physiological stressor). (Kaya 1992, p. 58). As with the larger (see Figure 2). Because recovery of Reduced habitat capacity can dams, these smaller fish passage barriers Arctic grayling will necessitate concentrate fishes and thereby increase can reduce reproduction (access to expansion into unoccupied habitat, and competition and predation (ecological spawning habitat is blocked), reduce the Big Hole River includes some of the stressor). growth (access to feeding habitat is best remaining habitat for the species, In the Big Hole River system, surface- blocked), and increase mortality (access these dams constitute a threat to Arctic water (flood) irrigation has substantially to refuge habitat is blocked). A number grayling now and in the foreseeable altered the natural hydrologic function of planned or ongoing conservation future, which is 30 to 50 years based on of the river and has led to acute and actions to address connectivity issues the duration of existing FERC licenses chronic stream dewatering (Shepard and on the Big Hole River and its tributaries in the upper basin. Oswald 1989, p. 29; Byorth 1993, p. 14; may reduce the threat posed by In Mussigbrod Lake, Arctic grayling 1995, pp. 8–10; Magee et al. 2005, pp. movement barriers for Arctic grayling in occasionally pass downstream over a 13–15). Most of the Big Hole River that habitat. The Divide Dam is being diversion structure at the lake outlet, mainstem exceeds water quality replaced with a new structure that and become trapped in a pool that is standards under the Clean Water Act provides fish passage, and construction isolated because of stream dewatering (33. U.S.C. 1251 et seq.; see discussion began in July 2010 (Nicolai 2010, pers. (Magee and Olsen 2010, pers. comm.). under Factor D, below) because of high comm.). At least 17 fish ladders have However, the potential for mortality in summer water temperatures (Flynn et been installed at diversion structures in these fish is partially mitigated by al. 2008, p. 2). Stream water the Big Hole River since 2006 as part of MFWP, which periodically captures temperature is affected by flow volume, the Big Hole Grayling CCAA (AGW Arctic grayling in this pool and returns stream morphology, and riparian 2010, p. 4), and a culvert barrier at a them to the lake. shading, along with other factors, but an road crossing on Governor Creek In the Red Rock Lakes system, the inverse relationship between flow (headwaters of Big Hole River) was presence of fish passage barriers volume and water temperature is replaced with a bridge that is expected represents a past and present threat. The apparent in the Big Hole River (Flynn et to provide upstream passage for aquatic magnitude of the threat may be reduced al. 2008, pp. 18–19). Summer water organisms under all flow conditions in the next 15 years as a result of temperatures exceeding 21 °C (70 °F) are

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considered to be physiologically p. 44). Mean summer water who control approximately 50 to 70 stressful for cold-water fish species, temperatures in Red Rock Creek can percent of the points of irrigation such as Arctic grayling (Hubert et al. occasionally exceed 20°C or 68°F during diversion in the upper Big Hole River 1985, pp. 7, 9). Summer water drought conditions (Mogen 1996, pp. are enrolled in the CCAA (Roberts and temperatures consistently exceed 21 °C 19, 45). Arctic grayling can survive but Lamothe 2010, pers. comm.). However, (70 °F) in the mainstem of Big Hole experience chronic stress that can the Big Hole River constitutes one River (Magee and Lamothe 2003, pp. impair feeding and growth, reduce population in the DPS and high water 13–14; Magee et al. 2005, p. 15; Rens physiological performance, and temperatures are likely to continue to and Magee 2007, p. 11). Recently, ultimately reduce survival and affect grayling in the Madison River and summer water temperatures have reproduction. Red Rock Lakes. Thus, stream consistently exceeded the upper Experimental data specifically linking dewatering and high water temperatures incipient lethal temperature (UILT) for hydrologic alteration and dewatering to are expected to remain a threat to the Arctic grayling (e.g., 25 °C or 77 °F) individual and population-level effects DPS in the foreseeable future. for Arctic grayling is generally lacking (Lohr et al. 1996) at a number of Entrainment monitoring stations throughout the Big (Kaya 1992, p. 54), but we can infer Hole River (Magee and Lamothe 2003, effects from observations that the Entrainment can permanently remove pp. 13–14; Magee et al. 2005, p. 15; Rens abundance and distribution of Arctic individuals from the natural population and Magee 2007, p. 11). The UILT is the grayling has declined concurrent with and strand them in a habitat that lacks temperature that is survivable reduced streamflows (MFWP et al. 2006, the required characteristics for indefinitely (for periods longer than 1 pp. 39–40) and increased water reproduction and survival. Irrigation week) by 50 percent of the ‘‘test temperatures associated with low ditches may dry completely when population’’ in an experimental setting. streamflows. irrigation headgates are closed, resulting Fish kills are a clear result of high water In the Big Hole River system, early- in mortality of entrained grayling. temperature and have been documented season (April through May) irrigation Entrainment of individual Arctic in the Big Hole River (Lohr et al. 1996, withdrawals may dewater grayling grayling in irrigation ditches occurs in p. 934). Consequently, water spawning sites (Byorth 1993, p. 22), the Big Hole River (Skarr 1989, p. 19; temperatures that are high enough to preventing spawning or causing egg Streu 1990, pp. 24–25; MFWP et al. cause mortality of fish in the Big Hole mortality; can prevent juvenile grayling 2006, p. 49; Lamothe 2008, p. 22). Over 1,000 unscreened diversion structures River represent a clear threat to Arctic from accessing cover in the vegetation occur in the upper Big Hole River grayling because of the potential to along the shoreline; and may reduce watershed, and more than 300 of these directly and quickly reduce the size of connectivity between necessary spawning, rearing, and refuge habitats. are located in or near occupied grayling the population. Severe dewatering reduces habitat habitat (MFWP et al. 2006, pp. 48–49). Water temperatures below that which volume and may concentrate fish, The magnitude of entrainment at can lead to instant mortality also can increasing the probability of unscreened diversions can depend on a affect individual fish. At water competition and predation among and variety of physical and biological ° ° temperatures between 21 C (70 F) and between species. Nonnative trout factors, including the volume of water ° ° 25 C (77 F), Arctic grayling can species presently dominate the diverted (Kennedy 2009, p. iv, 36–38; survive but experience chronic stress salmonid community in the Big Hole but see Post et al. 2007, p. 885), species- that can impair feeding and growth, River, so dewatering would tend to specific differences in the timing of reduce physiological performance, and concentrate Arctic grayling in habitats migratory behavior relative to when ultimately reduce survival and where interactions with these nonnative water is being diverted (Carlson and reproduction. As described above, the trout would be likely. Rahel 2007, pp. 1340–1341), and Big Hole River periodically experiences Especially in the Big Hole River, differences in vulnerability among body summer water temperatures high dewatering from irrigation represents a size or life-stage (Gale 2005, pp. 30–47; enough to cause morality and chronic past and present threat to Arctic Post et al. 2006, p. 975; Carlson and stress to Arctic grayling. Increased water grayling. Thermal loading has Rahel 2007 pp. 1340–1341). Studies of temperature also appears to be a threat apparently been a more frequent other salmonid species in a river basin to Arctic grayling in the Madison River occurrence in the Big Hole River than in in southwestern Wyoming determined and Red Rock watershed. Mean and other locations containing native Arctic that ditches typically entrain a small maximum summer water temperatures grayling (e.g., Red Rock Creek and proportion (less than 4 percent) of the can exceed 21 °C (70 °F) in the Madison Madison River–Ennis Reservoir). total estimated trout in the basin River below Ennis Reservoir (U.S. Implementation of the Big Hole Grayling (Carlson and Rahel 2007, p. 1335) and Geological Survey (USGS) 2010), and CCAA during the next 20 years, which that this represented a very small have exceeded 22 °C (72 °F) in the requires conservation measures to percentage of the total mortality for reservoir, and 24 °C (75 °F) in the increase stream flows and restore those populations (Post et al. 2006, pp. reservoir inlet (Clancey and Lohrenz riparian habitats (MFWP 2006, pp. 22– 875, 884; Carlson and Rahel 2007, pp. 2005, p. 34). Similar or higher 48), should significantly reduce the 1335, 1339). Whether or not this amount temperatures have been noted at these threat of thermal loading for Big Hole of mortality can cause population same locations in recent years (Clancey River grayling in the foreseeable future. instability is unclear (Post et al. 2006, p. 2002, p. 17; 2003, p. 25; 2004, pp. 29– While we expect agricultural and 886; Carlson and Rahel 2007, pp. 1340– 30). Surface water temperatures in ranching-related use of water to 1341). However, in some cases, even Upper Red Rock Lake as high as 24 °C continue, we expect that the threat will small vital rate changes in a trout (75 °F) have been recorded (Gillin 2001, be reduced, but not eliminated, in the population can theoretically cause p. 4-6), and presence of Arctic grayling foreseeable future in the Big Hole River population declines (Hilderbrand 2003, in the lower 100 m (328 ft) of East as a consequence of the CCAA. The pp. 260–261). Shambow Creek in 1994 was attributed ability of the Big Hole Grayling CCAA The overall magnitude and to fish seeking refuge from high water to augment streamflows should be population-level effect of entrainment temperatures in the lake (Mogen 1996, substantial, as non-Federal landowners on Arctic grayling in the Big Hole River

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is unknown but possibly significant al. 1991, entire). These riparian zones existing condition of riparian habitats given the large number of unscreened are important for Arctic grayling continues to constitute a threat to Arctic surface-water diversions in the system because of their effect on water quality grayling because the loss of pool habitat and the large volumes of water diverted and role in creating and maintaining and the deposition of fine sediments for irrigation. Given the low abundance physical habitat features (pools) used by may take some time to be reversed after of the species, even a small amount of the species. the recovery of riparian vegetation. entrainment may be biologically Removal of willows and riparian Much of the degradation of riparian significant and is unlikely to be offset by clearing concurrent with livestock and habitats in the Big Hole River and Red compensatory effects (i.e., higher water management along the Big Hole Rock Lakes systems has occurred within survival in Arctic grayling that are not River has apparently accelerated in the past 50 to 100 years, but the entrained). recent decades, and, in conjunction influence of these past actions continues Entrainment also may be a problem with streamside cattle grazing, has led to affect the structure and function of for Arctic grayling at some locations to localized bank erosion, channel aquatic habitats in these systems. Thus, within the Red Rock Lakes system instability, and channel widening while the actual loss of riparian (Unthank 1989, p. 10; Gillin 2001, pp. (Confluence Consulting et al. 2003, pp. vegetation has presumably slowed 2-4, 3-18, 3-25), particularly outside of 24–26; Petersen and Lamothe 2006, pp. during the past 10 years, the effect of the Red Rock Lakes NWR (Boltz 2010, 16–17; Bureau of Land Management reduced riparian vegetation continues to pers. comm.). (BLM) 2009a, pp. 14–21). Arctic promote channel widening and Entrainment has been a past threat to grayling abundance in the upper Big sedimentation, and limits the creation Arctic grayling in the Big Hole River Hole River is positively related to the and maintenance of pool habitats. Thus, and the Red Rock Lakes system. It presence of overhanging vegetation, degradation of riparian habitats is a remains a current threat as most, if not primarily willows, which are associated current threat. Degradation of riparian all, irrigation diversions located in with pool habitat (Lamothe and Magee habitats will remain a threat in the occupied habitat do not have any 2004b, pp. 21–22). Degradation of foreseeable future until riparian devices to exclude fish (i.e., fish riparian habitat in the upper Big Hole vegetation recovers naturally or through screens). Entrainment will remain a River has led to a shift in channel form direct restoration, which may occur threat in the foreseeable future unless (from multiple threads to a single wide during the next 20 years in the Big Hole diversion structures are modified to channel), increased erosion rates, River and portions of the Red Rock exclude fish. The Big Hole Grayling reduced cover, increased water Lakes system. Protection and direct CCAA has provisions to reduce temperatures, and reduced recruitment restoration of riparian habitats in the Big entrainment at diversions operated by of large wood into the active stream Hole River is occurring on a fairly large enrolled landowners (MFWP et al. 2006, channel (Confluence Consulting et al. scale under the provisions of the Big pp. 50–52). Non-Federal landowners 2003, pp. 24–26). All of these combine Hole Grayling CCAA (Lamothe et al. enrolled in the CCAA control to reduce the suitability of the habitat 2007, pp. 13–26; Everett 2010, pp. 10– approximately 50 to 70 percent of the for species like Arctic grayling, and 23), which should substantially reduce points of irrigation diversion in the likely reduce grayling growth, survival, threats from riparian habitat degradation upper Big Hole River (Roberts and and reproduction. on private lands. Protection and Lamothe 2010, pers. comm.), so the Livestock grazing both within the Red restoration of riparian habitats threat of entrainment in the Big Hole Rock Lakes NWR and on adjacent implemented under the Red Rock Lakes River should be significantly reduced in private lands has negatively affected the NWR’s CCP (see discussion under the foreseeable future. We consider the condition of riparian habitats on Factor D, below) should reduce threats foreseeable future to represent tributaries to the Red Rock Lakes from riparian habitat degradation within approximately 20 years based on the (Mogen 1996, pp. 75–77; Gillin 2001, the NWR’s boundary, but similar actions duration of the Big Hole Grayling pp. 3-12, 3-14). In general, degraded need to be taken on private lands CCAA. Under the auspices of the Red riparian habitat limits the creation and adjacent to it (AGW 2010, p. 7; Korb Rock Lakes NWR CCP, a fish screen is maintenance of aquatic habitats, 2010, pers. comm.) to appreciably planned to be installed on at least one especially pools, that are preferred reduce these threats in the foreseeable diversion on the Red Rock Creek habitats for adult Arctic grayling future and to expand the distribution of (USFWS 2009, p. 72), which is the (Lamothe and Magee 2004b, pp. 21–22; the species into formerly occupied primary spawning tributary for Arctic Hughes 1992, entire). Loss of pools habitat within that drainage. grayling in the Red Rock Lakes system. likely reduces growth and survival of Overall, we anticipate it may take years adult grayling. Loss of riparian Sedimentation to design and install fish screens on all vegetation increases bank erosion, Sedimentation has been proposed as a the diversions that can entrain grayling which can lead to siltation of spawning mechanism behind the decline of Arctic in the Big Hole River and Red Rock gravels, which may in turn harm grayling and its habitat in the Red Rock Lakes systems; thus we conclude that grayling by reducing the extent of Lakes (Unthank 1989, p. 10; Mogen entrainment remains a current threat suitable spawning habitat and reducing 1996, p. 76). Livestock grazing upstream that will continue to exist, but will survival of Arctic grayling embryos has led to accelerated sediment decline in magnitude during the already present in the stream gravels. transport in tributary streams, and foreseeable future (next 10 to 20 years) The condition of riparian habitats deposition of silt in both stream and because of implementation of the CCAA upstream from the Upper and Lower lakes has likely led to loss of fish habitat and CCP. Red Rock Lakes may have improved by filling in pools, covering spawning during the 1990s (Mogen 1996, p. 77), gravels, and reducing water depth in Degradation of Riparian Habitat and ongoing efforts to improve grazing Odell and Red Rock Creeks, where Riparian corridors are important for management and restore riparian Arctic grayling are still believed to maintaining habitat for Arctic grayling habitats are ongoing both inside the Red spawn (MFWP 1981, p. 105; Mogen in the upper Missouri River basin, and Rock Lakes NWR (USFWS 2009, pp. 67, 1996, pp. 73–76). in general are critical for the ecological 75) and upstream (AGW 2010, p. 7; Korb Sedimentation in the Upper and function of aquatic systems (Gregory et 2010, pers. comm.). However, the Lower Red Rock Lakes is believed to

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affect Arctic grayling by, in winter, lake, or factors that promote implementation of the Big Hole Grayling reducing habitat volume (e.g., lakes eutrophication due to macrophyte CCAA, a formalized conservation plan freezing to the bottom) and promoting growth, to lead to more frequent winter with 32 private landowners currently hypoxia (low oxygen), which generally hypoxia (low dissolved oxygen enrolled. The Big Hole Grayling CCAA concentrates fish in specific locations concentrations detrimental to aquatic is expected to reduce threats from which have suitable depth, and thus organsims) in Upper Red Rock Lake, dewatering, high water temperatures, increases the probability of competition which is the most important barriers to fish passage, and entrainment and predation, and, in summer, causing overwintering habitat for adfluvial in irrigation ditches that are associated thermal loading stress (see Dewatering Arctic grayling in the system. with land and water use in the upper From Irrigation and Consequent The effects of erosion and Big Hole River watershed during the Increased Water Temperatures sedimentation on spawning gravels and foreseeable future (next 20 years based discussion, above). Depths in the Red reduction of habitat volume in Upper on the duration of the CCAA). Non- Rock Lakes have decreased and Lower Red Rock Lakes are past and Federal landowners enrolled in the Big significantly, with a decline in current threats. Improved land use may Hole Grayling CCAA control or own maximum depth from 7.6 to 5.0 m (25 be reducing the rates of erosion in approximately 50 to 70 percent of the to 16.4 ft) to less than 2 m (6.5 ft) noted tributary streams (USFWS 2009, pp. 75– points of irrigation diversion in the in Upper Red Rock Lake over the past 76; Korb 2010, pers. comm.). However, upper Big Hole River, so these century (Mogen 1996, p. 76). Lower Red sedimentation of the lakes will likely landowners should have the ability to Rock Lake has a maximum depth of remain a threat (because of reduced reduce habitat-related threats to Arctic approximately 0.5 m (1.6 ft), and freezes overwintering habitat, and high water grayling in the Big Hole River by a within a few inches of the bottom or temperatures in summer) in the corresponding amount. However, the freezes solid (Unthank 1989, p. 10). foreseeable future unless some event present or threatened destruction, Consequently, the Lower Red Rock Lake mobilizes these sediments and modification, or curtailment of habitat does not appear to provide suitable transports them out of the lakes. remains a threat to the DPS overall. This overwintering habitat for adfluvial Protection and restoration of riparian factor is expected to continue to be a Arctic grayling and may be devoid of habitats implemented under the Red threat to the species in the foreseeable grayling except for the few individuals Rock Lakes NWR’s CCP (see discussion future because it is not comprehensively that may migrate between Odell Creek under Factor D, below) should reduce addressed for other populations, and Upper Red Rock Lake (Mogen, the magnitude of sedimentation within especially those in the Madison River 1996, p. 47). the NWR’s boundaries, but similar and Red Rock Lakes systems where actions need to be taken on private ongoing habitat-related threats Dissolved oxygen levels in Upper Red lands adjacent to it (AGW 2010, p. 7; (described above) may be making Rock Lake during winter 1994-1995 Korb 2010, pers. comm.) to appreciably unoccupied habitat unsuitable for Arctic dropped as low as 0.5 to 0.15 parts per reduce threats in the foreseeable future. grayling, and may thus limit the million (ppm; Gangloff 1996, pp. 41–42, recovery potential of the DPS. 72), well below the critical minimum of Summary of Factor A 1.3 to 1.7 ppm measured for adult Arctic Based on the best available B. Overutilization for Commercial, grayling acclimated to water information, we find that the historical Recreational, Scientific, or Educational temperatures less than or equal to 8 °C range of the Missouri River DPS of Purposes ° (46 F) (Feldmeth and Eriksen 1978, pp. Arctic grayling has been greatly Arctic grayling of the upper Missouri 2042–2043). Thus, lethally low oxygen reduced, and the remaining native River are handled for recreational levels can occur during winter in Upper populations continue to face significant angling; and for scientific, population Red Rock Lake, the primary threats to their habitat. Large-scale monitoring, and restoration purposes. overwintering area for adfluvial Arctic habitat fragmentation by dams was grayling in the system. Winter kill of likely a significant historical factor Recreational Angling invertebrates and fishes (e.g., suckers causing the range-wide decline of the Arctic grayling are highly susceptible Catostomus spp.) has been recorded in DPS. The most significant current to capture by angling (ASRD 2005, pp. Upper Red Rock Lake (Gangloff 1996, threats to the DPS are from land and 19–20), and intense angling pressure pp. 39–40). Gangloff (1996, pp. 71, 79) water use activities that have affected can reduce densities and influence the hypothesized that Arctic grayling in the structure and function of aquatic demography of exploited populations Upper Red Rock Lake exhibit behavioral systems, namely stream dewatering (Northcote 1995, pp. 171–172). mechanisms or physiological from irrigation withdrawals, which Overfishing likely contributed to the adaptations that permit them to survive reduces habitat volume and increases rangewide decline of the DPS in the otherwise lethally low oxygen levels. summer water temperatures; potential upper Missouri River system (Vincent Oxygen conditions in the lake during loss of individuals in irrigation ditches 1962, pp. 49–52, 55; Kaya 1992, pp. 54– winter are related to the effect of (entrainment); degraded riparian 55). In 1994, concern over the effects of snowpack and ice cover on light habitats promoting erosion, angling on fluvial Arctic grayling led the penetration and the density of sedimentation, increased water State of Montana to implement catch- macrophytes (rooted aquatic plants) temperatures, and loss of pool habitat; and-release regulations for Arctic during the preceding growing season and migration barriers that restrict grayling captured in streams and rivers (Gangloff 1996, pp. 72-74). Arctic movement to and from spawning, within its native range, and those grayling under winter ice seek areas of feeding, and sheltering habitats. These regulations remain in effect (MFWP higher oxygen concentration (oxygen are among the significant current threats 2010, p. 52). Catch-and-release refugia) within the lake or near inlet to Arctic grayling populations in the Big regulations for Arctic grayling in the Big streams of Upper Red Rock Lake Hole River, Madison River–Ennis Hole River have been in effect since (Gangloff 1996, pp. 78-79). Reservoir, and Red Rock Lakes system. 1988 (Byorth 1993, p. 8). Catch-and- Consequently, we expect factors leading The habitat-related threats to the Big release regulations also are in effect for to reduced lake depth due to upstream Hole River population should be Ennis Reservoir on the Madison River erosion and sedimentation within the reduced in the foreseeable future by (MFWP 2010, p. 61). Angling is not

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permitted in either of the Red Rock release mortality rates for Arctic keep Arctic grayling in Miner and Lakes to protect breeding waterfowl and grayling are comparatively low (Clark Mussigbrod Lakes in accordance with trumpeter swans (Cygnus buccinator) 1991, pp. 1, 25–26; Nuhfer 1992, pp. 11, State fishing regulations, but we have no (USFWS 2009, p. 147), and catch-and- 29; Byorth 1994b, entire). We are evidence that current levels of angling release regulations remain in effect for uncertain whether these lower observed are affecting these populations. We thus any Arctic grayling captured in streams rates reflect an innate resistance to have no evidence that recreational (e.g., Odell Creek or Red Rock Creek) in effects of catch-and-release angling in angling represents a current threat to the the Red Rock Lakes system (MFWP Arctic grayling or whether they reflect DPS. If we assume that future fishing 2010, p. 56). differences among particular regulations would be at least as In Miner and Mussigbrod Lakes, populations or study designs used to conservative as current regulations, and anglers can keep up to 5 Arctic grayling estimate mortality. Even if catch-and- that the current levels of angling per day and have up to 10 in possession, release angling mortality is low (e.g., 1.4 pressure will continue, then recreational in accordance with standard daily and percent as reported in Byorth 1994b, angling does not represent a threat in possession limits for that angling entire), the high catchability of Arctic the foreseeable future. management district (MFWP 2010, p. grayling (ASRD 2005, pp. 19–20) raises Monitoring and Scientific Study 52). The current abundance of Arctic some concern about the cumulative grayling in Mussigbrod Lake (see Table mortality of repeated catch-and-release The MFWP consistently monitors the 4 above) suggests that present angling captures. For example, based on the Arctic grayling population in the Big exploitation rates are not a threat to that Arctic grayling catch rates and angler Hole River and its tributaries, and to a population. Miner Lakes grayling are pressure reported by Byorth (1993, pp. lesser extent those populations in the less abundant compared to Mussigbrod 25–26) and the population estimate for Madison River and Red Rock Lakes Lake, but we are not sure whether the Big Hole River reported in Byorth system (Rens and Magee 20007, entire). angling exploitation constitutes a threat (1994a, p. ii), a simple calculation Electrofishing (use of electrical current to Miner Lakes grayling. suggests that age 1 and older grayling to temporarily and non-lethally Repeated catch-and-release angling susceptible to recreational angling may immobilize a fish for capture) is a may harm individual fish, causing be captured and released 3 to 6 times primary sampling method to monitor physiological stress and injury (i.e., per year. Arctic grayling in the Big Hole River, hooking wounds). Catch-and-release The MFWP closes recreational angling Madison River, and Red Rock Lakes angling also can result in mortality at a in specific reaches of the Big Hole River (Rens and Magee 2007, pp. 13, 17, 20). rate dependent on hooking location, when environmental conditions are A number of studies have investigated hooking duration, fish size, water considered stressful. Specific the effects of electrofishing on various quality, and water temperature streamflow and temperature thresholds life stages of Arctic grayling. Dwyer and (Faragher et al. 2004, entire; initiate mandatory closure of the fishery White (1997, p. 174) found that Bartholomew and Bohnsack 2005, p. (Big Hole Watershed Committee 1997, electrofishing reduced the growth of 140). Repeated hooking (up to five entire). Such closures have been juvenile Arctic grayling and concluded times) of Arctic grayling in Alaska did implemented in recent years. For that long-term, sublethal effects of not result in significant additional example, the upper segment of the Big electrofishing were possible. Hughes mortality (rates 0 to 1.4 percent; Clark Hole River between Rock Creek Road to (1998, pp. 1072, 1074–1075) found 1991, pp. 1, 25–26). In Michigan, the confluence of the North Fork Big evidence that electrofishing and tagging hooking mortality of Arctic grayling in Hole River has been closed to angling at affected the growth rate and movement lakes averaged 1.7 percent per capture various times during 2004 (Magee et al. behavior of Arctic grayling in the Chena event based on 355 individuals captured 2005, p. 7), 2005 (Magee et al. 2006, p. River, Alaska. Roach (1999, p. 923) with artificial flies and lures (Nuhfer 20), and 2006 (Rens and Magee 2007, p. studied the effects of electrofishing on 1992, pp. 11, 29). Higher mortality rates 8). fertilized Arctic grayling eggs and found (5 percent) have been reported for Arctic In conclusion, angling harvest may that while electrofishing could result in grayling populations in the Great Slave have significantly reduced the egg mortality, the population-level Lake area, Canada (Falk and Gillman abundance and distribution of the upper effects of such mortality were not likely 1975, cited in Casselman 2005, p. 23). Missouri River DPS of Arctic grayling to be significant. Lamothe and Magee Comparatively high catch rates for during the past 50 to 100 years, but (2003, pp. 16, 18–19) noted mortality of Arctic grayling have been observed in current catch-and-release fishing Arctic grayling in the Big Hole River the Big Hole River, Montana (Byorth regulations (or angling closures) in most during a radio-telemetry study, and 1993, pp. 26–27, 36), and average waters occupied by extant populations concluded that handling stress or hooking wound rates ranged from 15 to have likely ameliorated the past threat predation were possible causes of 30 percent among study sections of overharvest. Although we have some mortality. Population monitoring (Byorth 1993, p. 28). However, overall concerns about the potential for activities in the Big Hole River are hooking mortality from single capture cumulative mortality caused by curtailed when environmental events was low (1.4 percent), which led repeated catch-and-release of individual conditions become unsuitable (Big Hole Byorth to conclude that the Big Hole Arctic grayling in the Big Hole River, we Watershed Committee 1997, entire), and River population was not limited by have no strong evidence indicating that recent monitoring reports (Magee and angling (Byorth 1994b, entire). repeated capture of Arctic grayling Lamothe 2004, entire; Magee et al. 2005, Compared to the average catch-and- under catch-and-release regulations is entire; Rens and Magee 2007, entire) release mortality rates of 4.2 to 4.5 currently limiting that population or the provide no evidence that electrofishing percent in salmonids as reported by DPS. Moreover, fishing is restricted in is harming the Arctic grayling Schill and Scarpella (1997, p. 873), and the Big Hole River, an important population in the Big Hole River. the mean and median catch-and-release recreational fishing destination in A study in the Big Hole River is mortality rates of 18 percent and 11 southwestern Montana, when investigating the availability and use of percent from a meta-analysis of 274 streamflow and temperature conditions coldwater thermal refugia for Arctic studies (Bartholomew and Bohnsack are likely to increase stress to captured grayling and other resident fishes 2005, pp. 136–137), the catch-and- grayling. Anglers can still capture and (Vatland and Gressewell 2009, entire).

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The study uses fish tagged with passive have no evidence suggesting that Red Rock Creek (Boltz and Kaeding integrated transponder (PIT) tag monitoring or scientific study has 2002, pp. v, 8). The Service placed over technology to record movement past influenced the decline of Arctic grayling 180,000 of these eggs in remote site receiving antennas. The PIT tags are in the Missouri River basin. We also incubators in streams within the Red small (23 mm or less than 1 in. long) have no evidence indicating these Rock Lakes NWR that historically and implanted into the body cavity of activities constitute a current threat to supported Arctic grayling spawning the fish during a quick surgical the DPS that would result in runs (Boltz and Kaeding 2002, pp. v, procedure. During 2007–2008, a total of measurable, population-level effects. We 10). Despite preliminary observations of 81 Arctic grayling from the Big Hole expect similar levels of population grayling spawning in historically River and its tributaries were implanted monitoring and scientific study in the occupied waters within the Red Rock with these PIT tags (Vatland and future, and we have no basis to Lakes NWR following the use of remote Gressewell 2009, p. 12). A short-term conclude that these activities represent site incubators (Kaeding and Boltz 2004, study on the potential effects of PIT tag a threat in the foreseeable future. pp. 1036), spawning runs at these implantation on Arctic grayling found Reintroduction Efforts locations have apparently not become 100 percent retention of tags and 100 established (Boltz 2006, pers. comm.). percent survival of tagged individuals Attempts to restore or re-establish Attempts to establish a brood reserve of during a 4–day trial (Montana State native populations of both fluvial and adfluvial Arctic grayling within the University 2008, p. 7). Based on the adfluvial Arctic grayling may result in NWR’s boundaries (MacDonald Pond) results of the controlled trials, we have the mortality of embryos and young fish. were not successful (Boltz and Kaeding no evidence to indicate that PIT tagging The MFWP attempted to restore fluvial 2002, pp. 21–22). Red Rock Lakes NWR the wild Arctic grayling in the Big Hole Arctic graying to historic waters in the plans to re-establish Arctic grayling in River constitutes a significant threat to upper Missouri River using a Elk Springs and Picnic Creeks and the population. combination of stocking and embryo establish a brood stock in Widgeon Traps, electrofishing, and radio incubating devices (remote site Pond as part of its CCP (USFWS 2009, telemetry have been used to monitor incubators) placed in target streams pp. 72, 75). The MFWP and the Service and study Arctic graying in the Red (Rens and Magee 2007, pp. 24–38). are currently collaborating on an effort Rock Lakes system (Gangloff 1996, pp. Currently, gametes (eggs and sperm) to re-establish an Arctic grayling 13–14; Mogen 1996, pp. 10–13, 15; used to re-establish the fluvial ecotype spawning run in Elk Springs Creek and Kaeding and Boltz 1999, p. 4; Rens and come from captive brood reserves of Big to establish a genetically pure brood Hole River grayling maintained in Magee 2007, p. 17); however, there is no reserve of Red Rock Lakes grayling in Axolotl and Green Hollow II Lakes data to indicate these monitoring Elk Lake as no such population exists (Rens and Magee 2007, pp. 22–24). activities reduce the growth and for use in conservation and recovery Removal of gametes from the wild Big survival of individual Arctic grayling or (Jordan 2010, pers. comm.). These Hole River population was necessary to otherwise constitute a current or future actions will require the collection of establish this brood reserve (Leary 1991, threat to the population. gametes (approximately 360,000 eggs) The Arctic grayling population in the entire). The previous removal of from Arctic grayling captured in Red Madison River–Ennis Reservoir is not gametes for conservation purposes may Rock Creek (Jordan 2010, pers. comm.). monitored as intensively as the Big Hole have reduced temporarily the Approximately 10 percent of these eggs River population (Rens and Magee 2007, abundance of the wild population if the will be returned to Red Rock Creek and pp. 20–21). When electrofishing surveys population was unable to compensate incubated in that stream (using a remote targeting Arctic grayling in the Madison for this effective mortality by increased site incubation method that results in River do occur, they are conducted survival of remaining individuals. during the spawning run for that However, the establishment of a brood high survivorship of embryos) (Kaeding population (Clancey 1996, p. 6). Capture reserve provides a conservation benefit and Boltz 2004, entire) to mitigate for and handling during spawning from the standpoint that gametes from collection of gametes from the wild migrations or during actual spawning the reserve can be harvested to use for spawning population (Jordan 2010, pers. could affect the reproductive success of translocation efforts to benefit the comm.). We presume these ongoing individual Arctic grayling. However, species. Unfortunately, these actions may necessitate the collection of under recent monitoring frequencies, translocations have not yet resulted in gametes from wild Arctic grayling in any population-level effect of these establishment of any fluvial Red Rock Creek, so the potential effect activities is likely negligible, and we populations. Ultimately, we do not have of such collections on the extant wild have no data to indicate these any data to indicate that past gamete population should be evaluated and monitoring activities reduce the growth collection from the Big Hole River mitigation for the use of these gametes and survival of individual Arctic population harmed the wild population. (e.g., using remote site incubators at the grayling or otherwise constitute a Consequently, we have no basis to collection source or another method) current or future threat to the Madison conclude that gamete collection from should continue. River population. the wild Big Hole River Arctic grayling Overall, we have no evidence to The Miner Lakes and Mussigbrod population constitutes a current or indicate that collection of gametes from Lake populations of Arctic grayling are future threat to the population. the wild populations in the Big Hole infrequently monitored (Olsen 2010, Efforts to re-establish native, River and Red Rock Lakes systems have pers. comm.). Since monitoring of these genetically pure populations of contributed to population-level declines populations has been minimal, we do adfluvial Arctic grayling in the Red in those populations, or that the not believe that monitoring or scientific Rock Lakes system and to maintain a previous collections represent study constitutes a current or brood reserve for that population have overexploitation. Future plans to collect foreseeable threat to these particular resulted in the direct collection of eggs gametes from Arctic grayling in the Big populations. from Arctic grayling spawning runs in Hole River and Red Rock Lakes should The intensity of monitoring and Red Rock Creek. During 2000–2002, an be carefully evaluated in light of the scientific investigation varies among the estimated 315,000 Arctic grayling eggs status of those populations at the different populations in the DPS, but we were collected from females captured in anticipated time of the collections. We

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encourage the agencies involved to Arctic grayling in captive brood reserves locations can lead to reduced growth, coordinate their efforts and develop a (e.g., Axolotl Lake, Green Hollow Lake) reproduction, and survival of Arctic strategy for broodstock development and introduced populations (e.g., grayling (i.e., where they are and recovery efforts that minimizes any Sunnyslope Canal, Rogers Lake) have all outcompeted by nonnative trout). The potential impacts to wild native tested negative for infectious strength of competition is very difficult populations. However, at present, we do hematopoietic necrosis virus (IHNV), to measure in wild trout populations not have any data indicating collection infectious pancreatic necrosis virus (Fausch 1988, pp. 2238, 2243; 1998, pp. of gametes for conservation purposes (IPNV), Myxobolus cerebralis (the 220, 227). Few studies have evaluated represents a current threat to the Big pathogen that causes whirling disease), competition between Arctic grayling Hole River and Red Rock Lakes Renibacterium salmoninarum (the and these nonnative species. Brook trout populations. We have no evidence to pathogen that causes BKD), and do not appear to negatively affect indicate that gamete collection will Aeromonas salmonicida (the pathogen habitat use or growth of juvenile, increase in the future, so we have no that causes furunculosis) (USFWS hatchery-reared Arctic grayling (Byorth basis to conclude that this represents a 2010a). Consequently, we have no and Magee 1998, p. 921), but further threat in the foreseeable future. evidence at this time that disease studies are necessary to determine threatens native Arctic grayling of the whether competition or predation occur Summary of Factor B upper Missouri River. We have no basis at other life stages or with brown or Based on the information available at to conclude that disease will become a rainbow trout (Byorth and Magee 1998, this time, we conclude that future threat, so we conclude that p. 929). overexploitation by angling may have disease does not constitute a threat in Predation represents direct mortality contributed to the historical decline of the foreseeable future. that can limit populations, and YOY the upper Missouri River DPS of Arctic Arctic grayling may be particularly Predation By and Competition With susceptible to predation by other fishes grayling, but we have no evidence to Nonnative Trout indicate that current levels of because they are smaller and weaker recreational angling, population Brook trout (Salvelinus fontinalis), swimmers than trout fry (Kaya 1990, pp. monitoring, scientific study, or brown trout (Salmo trutta), and rainbow 52–53). conservation actions constitute trout have been introduced across the The incidence of competition and overexploitation; therefore, we do not United States to provide recreational predation between nonnative trout and consider them a threat. We expect fishing opportunities, and are now Arctic grayling likely depends on similar levels of these activities to widely distributed and abundant in the environmental context (e.g., habitat type continue in the future, and we do not western United States, including the and quality, environmental conditions believe they represent a threat in the upper Missouri River system (Schade such as temperature, and so forth). foreseeable future. and Bonar 2005, p. 1386). One or more Nonetheless, it is widely accepted that of these nonnative trout species co- biotic interactions with nonnative C. Disease or Predation occur with every native Arctic grayling species are to some extent responsible Disease population in the basin. Ecological for the decline of many native fishes in interactions (predation and competition) the western United States (Dunham et Arctic grayling are resistant to with the brook trout, brown trout, and al. 2002, pp. 373–374 and references whirling disease, which is responsible rainbow trout are among the long- therein; Fausch et al. 2006, pp. 9–11 and for population-level declines of other standing hypotheses to explain decline references therein). stream salmonids (Hedrick et al. 1999, of Arctic grayling in the upper Missouri In the Big Hole River, brook trout, pp. 330, 333). However, Arctic grayling River system and the extirpation of rainbow trout, and brown trout have are susceptible to bacterial kidney populations from specific waters been established for some time (Kaya disease (BKD). Some wild populations (Nelson 1954, p. 327; Vincent 1962, pp. 1992, pp. 50–51) and are much more in pristine habitats test positive for BKD 81–96; Kaya 1992, pp. 55–56). abundant than Arctic grayling (Rens and (Meyers et al. 1993, pp. 186–187), but The potential for interspecific Magee 2007, p. 42). In general, brook clinical effects of the disease are more interactions should be greatest among trout is the most abundant nonnative likely to be evident in captive species with similar life histories and trout species in the Big Hole River populations (Meyers et al. 1993, entire; ecologies that did not co-evolve (Fausch upstream from Wisdom, Montana (Rens Peterson 1997, entire). To preclude and White 1986, p. 364). Arctic grayling and Magee 2007, pp. 7, 42; Lamothe et transmission of BKD between grayling in the Missouri River basin have similar al. 2007, pp. 35–38), whereas rainbow during brood reserve, hatchery, and ecologies to brook trout, rainbow trout, trout and brown trout are comparatively wild grayling translocation efforts, and brown trout, yet they do not share more abundant in the reaches MFWP tests kidney tissue and ovarian a recent evolutionary history. The immediately above and downstream fluid for the causative agent for BKD as evidence for predation and competition from the Divide Dam (Kaya 1992, p. 56; well as other pathogens in brood by nonnative trout on Arctic grayling in Oswald 2005b, pp. 22–29; Lamothe et populations (Rens and Magee 2007, pp. the upper Missouri River basin is largely al. 2007, pp. 35–38; Rens and Magee 22–24). circumstantial, and inferred from the 2007, p. 10). Rainbow trout are Information on the prevalence of the reduced abundance and distribution of apparently more abundant than brown BKD or other diseases in native Arctic Arctic grayling following encroachment trout above the Divide Dam (Olsen 2010, grayling populations in Montana is by nonnative trout (Kaya 1990, pp. 52– pers. comm.), but brown trout are more generally lacking. One reason is that 54; Kaya 1992, p. 56; Magee and Byorth abundant than rainbow trout below the some disease assays are invasive or 1995, p. 54), as well as the difficulty in dam (Oswald 2005b, pp. 22–33). Recent require the sacrifice of individual fish establishing Arctic grayling populations observations of increased brown trout (e.g., removal of kidney tissue to test for in waters already occupied by nonnative abundance and distribution in the upper BKD pathogen.) Therefore, such testing trout, especially brown trout (Kaya Big Hole River indicate that the species is typically avoided in native 2000, pp. 14–15). Presumably, may be encroaching further upstream populations of Missouri River Arctic competition with ecologically-similar (AGW 2008, p. 1). Overall, at least one grayling that are low in abundance. species for food, shelter, and spawning nonnative species occurs in the

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mainstem Big Hole River and tributary p. 1). Nonnative rainbow trout and been definitively linked with a locations where Arctic grayling are brown trout substantially outnumber population decline of Arctic grayling. present (Lamothe et al. 2007, p. 37; Rens Arctic grayling in the Madison River To our knowledge, no studies have and Magee 2007, p. 42). The Big Hole near Ennis Reservoir (Clancey and investigated or attempted to measure Grayling CCAA recognizes that the Lohrenz 2005, pp. 26, 29–31; 2009, pp. predation by brown trout or rainbow potential for competition with and 91, 93). trout on Arctic grayling in Montana. predation by nonnative trout may limit In the Red Rock Lakes system, brook Experimental evidence the effectiveness of its conservation trout and hybrid cutthroat trout notwithstanding, the decline of Arctic actions (MFWP et al. 2006, pp. 54–55). (Yellowstone cutthroat trout grayling concurrent with encroachment The MFWP is the lead agency (Oncorhynchus clarkii bouvieri) by nonnative trout, combined with the implementing the Big Hole Grayling rainbow trout; Mogen 1996, p. 42) have difficulty in establishing grayling CCAA under an agreement with the well-established populations and populations where nonnatives trout are Service, and MFWP establishes fishing dominate the abundance and biomass of present (Kaya 1992, pp. 55–56, 61; Kaya regulations for most waters in Montana. the salmonid community (Katzman 2000, pp. 14–16), provides strong Different regulations may apply on 1998, pp. 2–3; Boltz 2010, pp. 2–3). circumstantial evidence that a NWR lands administered by the Service. Competition and predation risk for the combination of predation and The MFWP has agreed to continue Arctic grayling may be particularly competition by nonnative trout has catch-and-release regulations for Arctic acute in the shallow Upper Red Rock negatively affected Arctic grayling grayling in the Big Hole River, to Lake when all fish species are forced to populations in the upper Missouri increase daily possession limits for congregate in a few discrete deeper sites River. The lack of direct evidence for nonnative brook trout (MFWP et al. in response to environmental competition (e.g., with brook trout) or 2006, p. 55; MFWP 2010, p. 52), and to conditions, such as ice formation in predation (e.g., by brown trout) most consider whether additional winter (Boltz 2010, pers. comm.). likely indicates that these mechanisms management actions are necessary to Removal of nonnative trout from certain can be difficult to detect and measure in address threats from nonnative trout waters on the Red Rock Lakes NWR is wild populations and that additional based on recommendations of a part of the CCP (USFWS 2009, pp. 72, scientific investigation is needed. We technical committee of the AGW 75), so the frequency of predation of and recognize that displacement of Arctic (MFWP et al. 2006, p. 55). However, we competition with Arctic grayling by grayling is not a certain outcome where are not aware of data that shows angling these species may be reduced at a the species comes into contact with regulations currently, or are expected to, limited spatial scale during the 15–year brook trout (e.g., Big Hole River), but the reduce threats from brook trout. We also timeframe of the CCP. circumstances that facilitate long-term are not aware of any evaluations Studies attempting to specifically co-existence vs. transitory co-existence provided by the technical committee or measure the strength of competition are unknown. Ultimately, circumstantial of any additional management actions with and magnitude of predation by evidence from Montana and the western taken by MFWP to address potential nonnative trout on Arctic grayling in United States suggests that the presence threats from nonnative trout. Nonnative Montana have yielded mixed results. of nonnative trout species represents a trout are widely distributed and Only one study attempted to measure substantial threat to native fishes abundant in the Big Hole River, and competition between brook trout and including Arctic grayling. At least one eradication may be impossible. The Big Arctic grayling (Byorth and Magee 1998, species of nonnative trout is present in Hole Grayling CCAA focuses primarily entire), and their study did not find all waters occupied by native Arctic on habitat-related threats (not nonnative strong evidence for presumed effects of grayling populations in the upper trout), so we presume that nonnative competition, such as differences in Missouri River, so the threat is trout will remain a threat to Arctic microhabitat use or growth rate (Byorth widespread and imminent, and we grayling for the foreseeable future. and Magee 1998, p. 1998). However, the expect that nonnative trout will remain Arctic grayling in Miner and authors cautioned that further studies a part of the biological community. Mussigbrod Lakes co-occur with one or were needed to determine whether or Thus, we expect that nonnative trout are more species of nonnative trout, but we not competition may be occurring a threat to Missouri River Arctic have no quantitative information on the between fish of different sizes or ages grayling in the foreseeable future. relative abundance of the introduced (other than those tested) or whether species. Brook trout and rainbow trout competition with or predation by Predation by Birds and Mammals are both characterized as ‘‘common’’ in rainbow trout or brown trout is In general, the incidence and effect of lower Miner Lakes (MFISH 2010), and occurring (Byorth and Magee, 1998, p. predation by birds and mammals on brook trout in Mussigbrod Lake are 929). Measuring the strength of Arctic grayling is not well understood similarly categorized as ‘‘common’’ competition and determining the because few detailed studies have been (MFISH 2010). Brook trout have been relevant mechanisms (e.g., competition completed (Northcote 1995, p. 163). present in the Big Hole River for at least for food vs. space) is difficult to measure Black bear (Ursus americanus), mink 60 years (Liknes 1981, p. 34). The date in fish populations (Fausch 1998, pp. (Neovison vison), and river otter (Lontra when brook trout were introduced into 220, 227), so the lack of definitive canadensis) are present in southwestern Miner and Mussibrod Lakes is unknown evidence for the mechanisms of Montana, but direct evidence of (Liknes 1981, p. 33), but the co- competition may simply be due to the predatory activity by these species is occurrence of the brook trout with inherent difficulties in measuring these often lacking (Kruse 1959, p. 348). Arctic grayling in these habitats suggests effects and determining their influence Osprey (Pandion halaietus) can capture that displacement of Arctic grayling by on the population. Similarly, predation Arctic grayling during the summer brook trout is not inevitable. by brook trout on Arctic grayling eggs (Kruse 1959, p. 348). In the Big Hole In the Madison River in and near and fry has been observed in both the River, Byorth and Magee (1998, p. 926) Ennis Reservoir, brown trout and Big Hole River and Red Rock Lakes attributed the loss of Arctic grayling rainbow trout are abundant and are the systems (Nelson 1954, entire; Streu from artificial enclosures used in a foundation of an important recreational 1990, p. 17; Katzman 1998, pp. 35, 47, competition experiment to predation by fishery (e.g., Byorth and Shepard 1990, 114), but such observations have not minks, belted kingfisher (Ceryl alcyon),

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osprey, and great blue heron (Ardea D. Inadequacy of Existing Regulatory The BLM considers the fluvial Arctic herodia). In addition, American white Mechanisms grayling a sensitive species requiring pelican (Pelecanus erythrorhynchos) are The ESA requires us to examine the special management consideration for seasonally present in the Big Hole River, adequacy of existing regulatory planning and environmental analysis and they also may feed on grayling. The mechanisms with respect to those extant (BLM 2009b, entire). The BLM has aforementioned mammals and birds can threats that place the species in danger recently developed a Resource be effective fish predators, but we have of becoming either endangered or Management Plan (RMP) for the Dillon no data demonstrating any of these threatened. Thus, the scope of this Field Office Area that provides guidance species historically or currently analysis generally focuses on the extant for the management of over 900,000 consume Arctic grayling at levels native populations of Arctic grayling acres of public land administered by sufficient to exert a measureable, and potential current and foreseeable BLM in southwest Montana (BLM population-level impact on native threats based on the inadequacy of 2006a, p. 2). The Dillon RMP area thus Arctic grayling in the upper Missouri existing regulatory mechanisms. includes the geographic area that River system. We expect the current contains the Big Hole, Miner, situation to continue, so we conclude Federal Laws and Regulations Mussigbrod, Madison River, and Red that predation by birds and mammals Native Arctic grayling are present in Rock populations of Arctic grayling. A does not constitute a substantial threat or adjacent to land managed by the U.S. RMP planning area encompasses all to Missouri River Arctic grayling in the Forest Service (USFS) (Big Hole River, private, State, and Federal lands within foreseeable future. Miner, and Mussigbrod Lakes: a designated geographic area (BLM 2006a, p. 2), but the actual Summary of Factor C Beaverhead–Deerlodge National Forest), National Park Service (NPS) (Big Hole implementation of the RMP focuses on lands administered by the BLM that Based on the information available at River: Big Hole National Battlefield), typically represent only a fraction of the this time, we conclude disease does not Bureau of Land Management (BLM) (Big total land area within that planning area represent a past or current threat to the Hole River: Dillon Resource Area), (BLM 2006b, entire). Restoring Arctic Missouri River DPS of Arctic grayling. USFWS (Red Rock Lakes NWR); and the grayling habitat and ensuring the long- We have no factual basis for concluding Federal Energy Regulatory Commission term persistence of both fluvial and that disease may become a future threat, (Madison River–Ennis Reservoir: Ennis adfluvial ecotypes are among the RMP’s but anticipate that the likelihood of Dam, operated under Project 2188 license). goals (BLM 2006a, pp. 30–31). However, disease in native populations will there is little actual overlap between the depend on and interact with other National Environmental Policy Act specific parcels of BLM land managed factors (e.g., habitat condition, climate by the Dillon RMP and the current change) that may cumulatively stress All Federal agencies are required to adhere to the National Environmental distribution of Arctic grayling (BLM individual fish and reduce their ability 2006b, entire). to withstand infection by disease- Policy Act (NEPA) of 1970 (42 U.S.C. causing pathogens. 4321 et seq.) for projects they fund, The BLM also has a RMP for the Butte authorize, or carry out. The Council on Field Office Area, which includes more Circumstantial evidence indicates that Environmental Quality’s regulations for than 300,000 acres in south-central ecological interactions with nonnative implementing NEPA (40 CFR 1500– Montana (BLM 2008, entire), including trout species have led to the 1518) state that, when preparing portions of the Big Hole River in displacement of Arctic grayling from environmental impact statements, Deerlodge and Silver Bow counties portions of its historic range in the agencies shall include a discussion on (BLM 2008, p. 8; 2009c, entire). The upper Missouri River basin. Nonnative the environmental impacts of the Butte RMP considers conservation and trout species, such as brook trout, brown various project alternatives, any adverse management strategies and agreements trout, and rainbow trout, remain widely environmental effects which cannot be for Arctic grayling in its planning distributed and abundant in habitats avoided, and any irreversible or process and includes a goal to currently occupied by native Arctic irretrievable commitments of resources opportunistically enhance or restore grayling populations. Consequently, we involved (40 CFR 1502). The NEPA habitat for Arctic grayling (BLM 2008, determined that the presence of itself is a disclosure law, and does not pp. 10, 30, 36). However, the Butte RMP nonnative trout represents a substantial require subsequent minimization or does not mandate specific actions to current and foreseeable threat to native mitigation measures by the Federal improve habitat for Arctic grayling in Arctic grayling of the upper Missouri agency involved. Although Federal the Big Hole River. River. agencies may include conservation National Forest Management Act Little is known about the effect of measures for Arctic grayling as a result predation on Arctic grayling by birds of the NEPA process, any such measures Under the USFS’ National Forest and mammals. Such predation likely are typically voluntary in nature and are Management Act (NFMA) of 1976, as does occur, but in contrast to the pattern not required by NEPA. amended (16 U.S.C. 1600–1614), the of displacement observed concurrent USFS shall strive to provide for a with encroachment by nonnative trout, Federal Land Policy and Management diversity of plant and animal we are not aware of any situation where Act communities when managing national an increase in fish-eating birds or The BLM’s Federal Land Policy and forest lands. Individual national forests mammals has coincided with the Management Act (FLPMA) of 1976 (43 may identify species of concern that are decline of Arctic grayling. U.S.C. 1701 et seq.), as amended, states significant to each forest’s biodiversity. Consequently, the available information that the public lands shall be managed The USFS Northern Rocky Mountain does not support a conclusion that in a manner that will protect the quality Region (R1) considers fluvial Arctic predation by birds or mammals of scientific, scenic, historical, grayling a sensitive species (USFS 2004, represents a substantial past, present, or ecological, environmental, air and entire) for which population viability is foreseeable threat to native Arctic atmospheric, water resource, and a concern, as evidenced by a significant grayling in the upper Missouri River. archeological values. downward trend in population or a

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significant downward trend in habitat National Wildlife Refuge System mainstem Missouri River; and Clark capacity. Improvement Act of 1997 Canyon Dam on the Beaverhead River). Much of the headwaters of the Big The National Wildlife Refuge Systems The FERC license expiration dates for Hole River drainage are within the Improvement Act (NWRSIA) of 1997 these dams range from 2024 (Toston) to boundary of the Beaverhead–Deerlodge (Pub. L. 105-57) amends the National 2059 (Clark Canyon) (FERC 2010, National Forest. The Miner and Wildlife Refuge System Administration entire). None of these structures provide Mussigbrod Lakes Arctic grayling Act of 1966 (16 U.S.C. 668dd et seq.). upstream passage of fish, and such dams populations are entirely within Forest The NWRSIA directs the Service to are believed to be one of the primary boundaries. The Beaverhead–Deerlodge manage the Refuge System’s lands and factors leading to the decline of Arctic National Forest is currently revising its waters for conservation. The NWRSIA grayling in the Missouri River basin (see forest plan. The USFS does not propose also requires monitoring of the status discussion under Factor A, above). to designate key fish watersheds solely and trends of refuge fish, wildlife, and Consequently, we conclude that to benefit grayling, but fluvial Arctic historically the Federal Power Act has grayling will remain a sensitive species plants. The NWRSIA requires development of a Comprehensive not adequately protected Arctic grayling with Forest-wide standards and or its habitat. We anticipate this will objectives to meet the species’ habitat Conservation Plan (CCP) for each refuge and management of each refuge remain a threat it in the foreseeable requirements (USFS 2009a, p. 19). With future because of future expiration dates respect to fluvial Arctic grayling, the consistent with its plan. The Service has developed a final of the FERC-licensed dams in the upper USFS is proposing a Controlled Surface Missouri River basin. Use (CSU) stipulation in the Ruby River CCP to provide a foundation for the (an ongoing reintroduction site) and management and use of Red Rock Lakes Clean Water Act certain tributaries of the Big Hole River NWR (USFWS 2009, entire). Red Rocks NWR is 2,033-2,865 m (6,670-9,400 ft) The Clean Water Act (CWA) of 1972 (USFS 2009b, pp. 29, B-13) to avoid (33 U.S.C. 1251 et seq.) establishes the impacts from mineral, gas, and oil above sea level, comprises 48,955 ac, and lies east of the Continental Divide basic structure for regulating discharges extraction (USFS 2009b, pp. 27–28). of pollutants into the waters of the These CSU stipulations define the near the uppermost reach of the Missouri drainage (USFWS 2009, pp. v, United States and regulating quality minimum extent of buffer areas adjacent standards for surface waters. The CWA’s to streams. In general, the preferred 2). The Red Rocks NWR encompasses Lower and Upper Red Rock Lakes, general goal is to ‘‘restore and maintain forest plan alternative (Alternative 6, the chemical, physical, and biological USFS 2009a, p. 6) is deemed by the which contain native grayling. The Red integrity of the Nation’s waters’’ (33 USFS to provide management direction Rocks NWR CCP outlines a set of broad U.S.C. 1251 (a)). The CWA requires designed to ensure the persistence of goals and specific objectives or States to adopt standards for the grayling populations Forest-wide, and to strategies with respect to conservation protection of surface water quality and meet viability requirements of this of Arctic grayling that focuses on habitat establishment of Total Maximum Daily species (USFS 2009a, p. 146). The forest improvements, reestablishment of Load (TMDL) guidelines for rivers. The plan revision has not yet been finalized populations, and removal of nonnative Big Hole River has approved TMDL through a record of decision (ROD), so trout where necessary (USFWS 2009, plans for its various reaches (MDEQ we are unable to specifically evaluate its pp. 67, 75–76). We expect that 2009a, entire; 2009b, entire); thus, potential effect on native Arctic grayling implementation of the CCP during the populations. next 15 years will address a number of complete implementation of this plan significant resource issues that affect should improve water quality (by National Park Service Organic Act grayling (e.g., riparian habitat condition, reducing water temperatures, and The NPS Organic Act of 1916 (16 entrainment in irrigation ditches, reducing sediment and nutrient inputs) U.S.C. 1 et seq.), as amended, states that increasing the extent of occupancy in in the Big Hole River in the foreseeable the NPS ‘‘shall promote and regulate the the system). Nonetheless, actions future. As of November 2009, the Red use of the Federal areas known as similar to those planned inside the Rocks watershed was in the pre-TMDL national parks, monuments, and NWR will be needed on adjacent planning and assessment phase, but reservations ... to conserve the scenery properties to reduce threats to the there was no significant TMDL plan and the national and historic objects existing population of grayling in the development activity in the Madison and the wild life therein and to provide Red Rock Lakes system. River (see MDEQ 2010). Consequently, for the enjoyment of the same in such implementation of the CWA through an manner and by such means as will leave Federal Power Act EPA-approved TMDL plan began in them unimpaired for the enjoyment of The Federal Power Act of 1920 (16 2009 for the Big Hole River watershed, future generations.’’ Native populations U.S.C. 791-828c, as amended) provides but has yet to begin in other waters of Arctic grayling have been extirpated the legal authority for the Federal occupied by native Arctic grayling in from Yellowstone National Park, but the Energy Regulatory Commission (FERC), the upper Missouri River. The CWA Big Hole National Battlefield is adjacent as an independent agency, to regulate does not appear to be adequate to to the North Fork of the Big Hole River hydropower projects. In deciding protect the Missouri River DPS of Arctic (NPS 2006, entire), and Arctic grayling whether to issue a license, FERC is grayling, but implementation of TMDL are occasionally encountered required to give equal consideration to plans should improve habitat conditions downstream from the Battlefield (Rens mitigation of damage to, and for Big Hole River grayling in the and Magee 2007, pp. 7, 13). enhancement of, fish and wildlife (16 foreseeable future. Consequently, a very small amount of U.S.C. 797(e)). A number of FERC- Montana State Laws and Regulations currently occupied grayling habitat is in licensed dams exist in the Missouri the vicinity of lands managed by the River basin in current (i.e., Ennis Dam Arctic grayling is considered a species NPS; therefore, the NPS Organic Act is on the Madison River) and historical of special concern by Montana, but this not thought to have any significant Arctic grayling habitat (e.g., Hebgen is not a statutory or regulatory effect on native Arctic grayling Dam on the Madison River; Hauser, classification (Montana Natural Heritage populations. Holter, and Toston dams on the Program 2010).

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State Comprehensive Wildlife permit be obtained for any project that to new water appropriations because of Conservation Strategies may affect the natural and existing water availability problems, These strategies, while not State or shape and form of any stream or its overappropriation, and a concern for national legislation, can help prioritize banks or tributaries (MDNRC 2001, p. protecting existing water rights (MDNRC conservation actions within each State. 7.1). The Montana Natural Streambed 2009, p. 45). In addition, recent and Land Preservation Act (i.e., compacts (a legal agreement between Species and habitats named within each MNSLPA or 310 permit) requires Montana, a Federal agency, or an Indian Comprehensive Wildlife Conservation private, nongovernmental entities to tribe determining the quantification of Strategy (CWCS) may receive focused obtain a permit for any activity that federally or tribally claimed water attention. The MFWP considers Arctic physically alters or modifies the bed or rights) have been signed that close grayling as a Tier I conservation species banks of a perennially-flowing stream appropriations in specific waters in or under its CWCS and the Big Hole River (MDNRC 2001, p. 7.1). The SPA and adjacent to Arctic grayling habitats. For also is a Tier I Aquatic Conservation MNSLPA laws do not mandate any example, the USFWS–Red Rock Lakes– Focus Area (Montana’s Comprehensive special recognition for species of Montana Compact includes a closure of Fish and Wildlife Conservation Strategy concern, but in practice, biologists that appropriations for consumptive use in (MCFWCS) 2005, pp. 75–76). review projects permitted under these the drainage basins upstream of the Montana Environmental Policy Act laws usually stipulate restrictions to most downstream point on the Red Rock avoid harming such species (Horton Lakes NWR and the Red Rock Lakes The legislature of Montana enacted 2010, pers. comm.). The SMZL regulates Wilderness Area (MDNRC 2009, pp. 18, the Montana Environmental Policy Act forest practices near streams (MDNRC 47). The NPS–Montana Compact (MEPA) as a policy statement to 2001, p. 7.2). The Montana Pollutant specifies that certain waters will be encourage productive and enjoyable Discharge Elimination System (MPDES) closed to new appropriations when the harmony between humans and their Stormwater Permit applies to all total appropriations reach a specified environment, to protect the right to use discharges to surface water or level, and it applies to Big Hole National and enjoy private property free of undue groundwater, including those related to Battlefield and adjacent waters (North government regulation, to promote construction, dewatering, suction Fork of the Big Hole River and its efforts that will prevent or eliminate dredges, and placer mining, as well as tributaries including Ruby and Trail damage to the environment and to construction that will disturb more Creeks), and the portion of Yellowstone biosphere and stimulate the health and than 1 acre within 100 ft (30.5 m) of National Park that is in Montana welfare of humans, to enrich the streams, rivers, or lakes (MDNRC 2001, (MDNRC 2009, p. 48). understanding of the ecological systems p. 7.2). The State of Montana is currently and natural resources important to the Review of applications by MFWP, engaged in a state-wide effort to State, and to establish an environmental MTDEQ, or MDNRC is required prior to adjudicate (finalize) water rights quality council (MCA 75-1-102). Part 1 issuance of permits under the above claimed before July 1, 1973. The final of the MEPA establishes and declares regulatory mechanisms (MDNRC 2001, product of adjudication in a river basin Montana’s environmental policy. Part 1 pp. 7.1–7.2). Although these regulatory is a final decree. To reach completion, has no legal requirements, but the mechanisms would be expected to limit a decree progresses through several policy and purpose provide guidance in impacts to aquatic habitats in general, stages: (1) Examination, (2) temporary interpreting and applying statutes. Part the decline of Arctic grayling in the Big preliminary decree, (3) preliminary 2 requires State agencies to carry out the Hole River, Madison River, and certain decree, (4) public notice, (5) hearings, policies in Part 1 through the use of waters in the Red Rock Lakes system and (6) final decree (MDNRC 2009, pp. systematic, interdisciplinary analysis of does not provide evidence that past 9–14). As of February 2010, the Red State actions that have an impact on the implementation of these laws, Rock River system is currently being human environment. This is regulations, and permitting processes examined, and the Big Hole and accomplished through the use of a has effectively limited impacts to Arctic Madison Rivers have temporary decrees deliberative, written environmental grayling habitat. Thus, we have no basis (MDNRC 2010, entire). We anticipate review. In practice, MEPA provides a for concluding that these same the final adjudication of all the river basis for the adequate review of State regulatory mechanisms are adequate to basins in Montana that currently actions in order to ensure that protect the Arctic grayling and its contain native Arctic grayling will be environmental concerns are fully habitat now or in the foreseeable future. completed in the foreseeable future, but considered (MCA 75-1-102). Similar to we do not know if this process will Montana Water Use Act NEPA, the MEPA is largely a disclosure eliminate the overallocation of water law and a decision-making tool that The implementation of Montana rights. does not specifically require subsequent Water Use Act (Title 85: Chapter 2, minimization or mitigation measures. Montana Codes Annotated) may not Fishing Regulations adequately address threats to Arctic Arctic grayling is considered a game Laws Affecting Physical Aquatic grayling in basins where the allocation fish (MFWP 2010, p. 16), but is subject Habitats of water rights exceeds the available to special catch-and-release regulations A number of Montana State laws have water (overallocation) and the water in streams and rivers within its native a permitting process applicable to rights holders fully execute their rights range (MFWP 2010, p. 52). Catch-and- projects that may affect stream beds, (i.e., use all water legally available for release regulations also are in effect for river banks, or floodplains. These diversion). The Missouri River system is Ennis Reservoir on the Madison River include the Montana Stream Protection generally believed to be (MFWP 2010, p. 61). Arctic grayling in Act (SPA), the Streamside Management overappropriated, and water for Miner and Mussigbrod Lakes are subject Zone Law (SMZL), and the Montana additional consumptive uses is only to more liberal regulations; anglers can Natural Streambed and Land available for a few months during very keep up to 5 per day and have up to 10 Preservation Act (Montana Department wet years (MDNRC 1997, p. 12). The in possession in accordance with of Natural Resources (MDNRC) 2001, Upper Missouri River basin and standard daily and possession limits for pp. 7.1–7.2). The SPA requires that a Madison River basin have been closed that angling management district

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(MFWP 2010, p. 52). We have no Arctic grayling may be partially Reduced stream flows and elevated evidence to indicate that current fishing responsible. Other regulatory water temperatures during drought have regulations are inadequate to protect mechanisms simply require disclosure been most apparent in the Big Hole native Arctic grayling in the Missouri (e.g., NEPA) and do not necessarily River system (Magee and Lamothe 2003, River basin (see discussion under Factor mandate protection for a species or its pp. 10-14; Magee et al. 2005, pp. 23-25; B, above). habitat. Consequently, we believe that Rens and Magee 2007, pp. 11-12, 14). Although the response of stream and Summary of Factor D existing regulatory mechanisms that deal with land and water management river habitats to drought is expected to We infer that current Federal and have not demonstrably reduced threats be most pronounced because of the State regulatory mechanisms are to Arctic grayling in the past, and we strong seasonality of flows in those inadequate to protect native Arctic have no basis to conclude that they are habitats, effects in lake environments do grayling of the upper Missouri River. adequate now or will be in the future. occur. For example, both the Upper and We conclude this because the regulatory Existing regulatory mechanisms do Lower Red Rock Lakes are very shallow mechanisms may only apply to specific (Mogen 1996, p. 7). Reduced water populations (or parts of populations) not directly address threats posed by nonnative brook trout, brown trout, or availability during drought would result depending on land ownership and in further shallowing (loss of habitat rainbow trout (see Factor C discussion, jurisdiction, they have no track record volume) that can lead to increased above). One exception is that the Red of addressing significant threats to temperatures in summer and the Rock Lakes NWR CCP does consider habitat, and they do not address the likelihood of complete freezing or removal of nonnative trout to be a threat posed by nonnative trout. anoxia (lack of oxygen) in winter. Regulatory mechanisms on Federal possible action to benefit Arctic In the Big Hole River, evidence for the lands may be adequate to protect certain grayling, but this may not apply to detrimental effects of drought on Arctic fragments of Arctic grayling habitat or occupied habitat outside the NWR, so grayling populations is primarily isolated populations (e.g., Miner and the CCP is likely to only address this inferential; observed declines in fluvial Mussigbrod Lakes). However, the threat for a portion of the population. Arctic grayling and nonnative trout extirpation of more than one lake For the reasons described above, we abundances in the Big Hole River population within the Beaverhead– conclude that the inadequacy of existing coincide with periods of drought (Magee Deerlodge National Forest (e.g., Elk Lake regulatory mechanisms poses a current and Lamothe 2003, pp. 22–23, 28) and – Oswald 2000, p. 10; Hamby Lake – threat to native Arctic grayling of the fish kills (Byorth 1995, pp. 10–11, 31). Oswald 2005a, pers. comm.) suggests upper Missouri River. We do not Similarly, lack of success with fluvial the existing regulatory mechanisms may anticipate any changes to the existing Arctic grayling restoration efforts not be sufficient. Difficulties in regulatory mechanisms, thus we elsewhere in the upper Missouri River coordinating land and water use across conclude that the inadequacy of existing basin also has been attributed, in part, jurisdictional boundaries (State, regulatory mechanisms is a threat in the to drought (Lamothe and Magee 2004a, Federal, private) within a watershed foreseeable future. p. 28). also present challenges for coordinated Given the climate of the management of Arctic grayling. In the E. Other Natural or Manmade Factors intermountain West, we conclude that Big Hole River, fluvial Arctic grayling Affecting Its Continued Existence drought has been and will continue to generally occupy waters adjacent to Drought be a natural occurrence. We assume that private lands (MFWP et al. 2006, p. 13; negative effects of drought on Arctic Lamothe et al. 2007, p. 4), so Federal Drought appears to be a significant grayling populations, such as reduced regulations may have limited scope to natural factor that threatens Arctic connectivity among habitats or protect the species. grayling populations in streams and increased water temperatures at or Conceivably, application of existing rivers in the upper Missouri River basin. above physiological thresholds for regulations concerning occupied Arctic Drought can affect fish populations by growth and survival, are more frequent grayling habitat in the upper Missouri reducing stream flow volumes. This in stream and river environments and in River basin (e.g., CWA, FLPMA, NFMA, leads to dewatering and high very shallow lakes relative to larger, SMZL, SPA) should promote and ensure temperatures that can limit connectivity deeper lakes. Therefore, we expect the the persistence of Arctic grayling among spawning, rearing, and sheltering threat of drought to be most pronounced because these regulations were habitats; to a reduced volume of for Arctic grayling populations in the promulgated, to some extent, to limit thermally suitable habitat; and to an Big Hole River, Madison River–Ennis impacts of human activity on the increased frequency of water Reservoir, and Red Rock Lakes. We do environment. However, based on the temperatures above the physiological not know whether drought has or is current status of the DPS and the limits for optimum growth and survival currently limiting Arctic grayling degradation of habitat and declines in in Arctic grayling. Drought is a natural populations in Miner and Mussigbrod populations observed in the past 20 to occurrence in the interior western Lakes, as there are few monitoring data 30 years, during which time many of the United States (see National Drought for these populations. Arctic grayling in above regulatory mechanisms have been Mitigation Center 2010). The duration Miner and Mussigbrod Lakes in place, we have no basis to conclude and severity of drought in Montana presumably use inlet or outlet streams that they have adequately protected appears to have increased during the for spawning; thus, if severe drought grayling up to this time. In other words, last 50 years, and precipitation has occurs during spawning and before existing regulations theoretically limit tended to be lower than average in the subsequent emigration of YOY grayling threats to Arctic grayling, but in practice last 20 years (National Climatic Data to the rearing lakes, then population- have not done so. We suspect that Center 2010). In addition, drought can level effects are possible. Overall, we incomplete or inconsistent application interact with human-caused stressors conclude that drought has been a past of these regulatory mechanisms and (e.g., irrigation withdrawals, riparian threat, is a current threat, and will jurisdictional difficulties (State vs. habitat degradation) to further reduce continue to be a threat to Arctic grayling Federal regulations, private vs. public stream flows and increase water of the upper Missouri River basin, lands) relative to the distribution of temperatures. especially for those populations in the

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Big Hole River, Madison River–Ennis climate change from around the world. examined across Idaho, Montana, Reservoir, and Red Rock Lakes. We found that these synthesis reports, Oregon, and Washington. Successful implementation of the Big as well as the scientific papers used in Climate forcing may be directly or Hole Grayling CCAA may partially those reports, or resulting from those indirectly altering those habitats. Long- ameliorate the effects of drought in the reports, represent the best available term water temperature data are not Big Hole River, by reducing the scientific information we can use to available for sites currently occupied by likelihood that human-influenced inform our decision. Where possible, we native Arctic grayling populations (e.g., actions or outcomes (irrigation used empirical data or projections Big Hole River, Red Rock Creek); withdrawals, destruction of riparian specific to the western United States, however, if trends in air temperature are habitats, and fish passage barriers) will which includes the range of Arctic consistently related to increases in interact with the natural effects of grayling in the Missouri River basin, water temperature (Isaak et al. 2010, p. drought (reduced stream flows and and focused on observed or expected 1), then a regional pattern of increased increased water temperatures) to effects on aquatic systems. water temperature is likely, and it is negatively affect suitable habitat for Water temperature and hydrology reasonable to assume that Arctic Arctic grayling. We expect the (stream flow) are sensitive to climate grayling in the Big Hole River, Red Rock magnitude of the threat from drought to change, and influence many of the basic Creek, and Madison River near Ennis increase in the foreseeable future under physical and biological processes in Reservoir also have experienced the the anticipated air temperature and aquatic systems. For ectothermic same trend. Mean annual air precipitation trends projected by organisms like fish, temperature sets temperature recorded at Lakeview, climate change models (discussed in basic constraints on species’ Montana, near the Red Rock Lakes detail below). distribution and physiological between 1948 and 2005 did not increase performance, such as activity and significantly, although mean Climate Change growth (Coutant 1999, pp. 32–52). temperatures in March and April did Climate is influenced primarily by Stream hydrology not only affects the show a statistically significant increase long-term patterns in air temperature structure of aquatic systems across consistent with earlier spring warming and precipitation. The space and time, but influences the life- observed elsewhere in North America Intergovernmental Panel on Climate history and phenology (timing of life- during recent decades (USFWS 2009, Change (IPCC) has concluded that cycle events) of aquatic organisms, such pp. 36–39). climate warming is unequivocal, and is as fishes. For example, the timing of The effect of such warming would be now evident from observed increases in snowmelt runoff can be an similar to that described for increased global average air and ocean environmental cue that triggers temperatures associated with stream temperatures, widespread melting of spawning migrations in salmonid fishes dewatering (see discussion under Factor snow and ice, and rising global mean (Brenkman et al. 2001, pp. 981, 984), A), namely there has been an increased sea level (IPCC 2007, pp. 30–31). and the timing of floods relative to frequency of high water temperatures Continued greenhouse gas emissions at spawning and emergence can strongly that may be above the physiological or above current rates are expected to affect population establishment and limits for survival or optimal growth for cause further warming (IPCC 2007, p. persistence (Fausch et al. 2001, pp. Arctic grayling, which is considered a 30). Eleven of the 12 years from 1995 1438, 1450). Significant trends in water cold-water (stenothermic) species through 2006 rank among the 12 temperature and stream flow have been (Selong et al. 2001, p. 1032). Changes in warmest years in the instrumental observed in the western United States water temperature also may influence record of global average near-surface (Stewart et al. 2005, entire; Kaushal et the distribution of nonnative trout temperature since 1850 (ISAB 2007, p.7; al. 2010, entire), and climatic forcing species (Rahel and Olden 2008, p. 524) IPCC 2007, p. 30). During the last caused by increased air temperatures and the outcome of competitive century, mean annual air temperature and changes in precipitation are interactions between those species and increased by approximately 0.6 °C (1.1 partially responsible. Arctic grayling. Brown trout are °F) (IPCC 2007, p. 30). Warming appears Warming patterns in the western generally considered to be more tolerant to be accelerating in recent decades, as United States are not limited to streams. of warm water than many salmonid the linear warming trend over the 50 In California and Nevada, water surface species common in western North years from 1956 to 2005 (average 0.13 °C temperatures have increased by an America (Coutant 1999, pp. 52–53; or 0.24 °F per decade) is nearly twice average of 0.11 °C (0.2 °F) per year since Selong et al. 2001, p. 1032), and higher that for the 100 years from 1906 to 2005 1992 and at a rate twice that of the water temperatures may favor brown (IPCC 2007, p. 30). Climate change average minimum air surface trout where they compete against scenarios estimate that the mean air temperature (Schneider et al. 2009, p. salmonids with lower thermal temperature could increase by over 3 °C L22402). In the western United States, tolerances (Rahel and Olden 2008, p. (5.4 °F) by 2100 (IPCC 2007, pp. 45–46). runoff from snowmelt occurs 1 to 4 524). Recently observed increases in the The IPCC also projects that there will weeks earlier (Regonda et al. 2005, p. abundance and distribution of brown likely be regional increases in the 380; Stewart et al. 2005, pp. 1136, 1141; trout in the upper reaches of the Big frequency of hot extremes, heat waves, Hamlett et al. 2007, p. 1468), Hole River may be consistent with the and heavy precipitation, as well as presumably as a result of increased hypothesis that stream warming is greater warming in high northern temperatures (Hamlet et al. 2007, p. facilitating encroachment. Further study latitudes (IPCC 2007, p. 46). We 1468), increased frequency of melting is needed to evaluate this hypothesis. recognize that there are scientific (Mote et al. 2005, p. 45), and decreased Observations on flow timing in the differences of opinion on many aspects snowpack (Mote et al. 2005, p. 41). Big Hole River, upper Madison River, of climate change, including the role of Trends in decreased water availability and Red Rock Creek indicate a tendency natural variability in climate. In our also are apparent across the Pacific toward earlier snowmelt runoff (USFWS analysis, we rely primarily on synthesis Northwest. For example, Luce and 2010b). These hydrologic alterations documents (IPCC 2007; ISAB 2007; Karl Holden (2009, entire) found a tendency may be biologically significant for et al. 2009) that present the consensus toward more extreme droughts at 72 Arctic grayling in the Missouri River view of a large number of experts on percent of the stream flow gages they basin because they typically spawn

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prior to the peak of snowmelt runoff five populations are at approximately other threats (e.g., Factor A: habitat (Shepard and Oswald 1989, p. 7; Mogen 1,775 to 2,125 m (5,860 to 7,012 ft) degradation, Factor C: nonnative trout). 1996, pp. 22–23; Rens and Magee 2007, (Peterson and Ardren 2009, p. 1761). However, we expect the severity and pp. 6–7). A trend toward earlier Presumably, any existing trends in scope of key threats (habitat degradation snowmelt runoff could thus result in water temperature increase and earlier and fragmentation, stream dewatering, earlier average spawning dates, with snowmelt runoff in streams and rivers and nonnative trout) to increase in the potential (and presently unknown) that is being forced by increases in air foreseeable future because of climate implications for spawning success and temperature should continue. To the change effects that are already growth and survival of fry. Water extent that these trends in water measureable (i.e., increased water availability has measurably decreased in temperature and hydrology already exist temperature, increased frequency of some watersheds occupied by Arctic in habitats occupied by native Arctic extreme drought, changes in runoff grayling. For example, mean annual grayling, they should continue into the patterns). Thus, we consider that precipitation recorded at Lakeview, foreseeable future. In general, climate climate change will potentially intensify Montana, near the Red Rock Lakes, change is expected to substantially some of the significant current threats to decreased significantly between 1948 reduce the thermally suitable habitat for all Arctic grayling populations in the and 2005 (USFWS 2009, pp. 36–39). coldwater fish species (Keleher and DPS. After approximately 40 years, the The western United States appears to Rahel 1996, pp. 1, 6–11; Mohseni et al. variation in GCM projections based on be warming faster than the global 2003, pp. 389, 401; Flebbe et al. 2006, the various emissions scenarios begins average. In the Pacific Northwest, p. 1371, 1378; Rieman et al. 2007, pp. to increase dramatically (Ray et al. 2010 regionally averaged temperatures have 1552, 1559). The range of native Arctic pp. 12–13), so 40 years represents the ° ° risen 0.8 C (1.5 F) over the last century grayling in the upper Missouri River has foreseeable future in terms of the extent ° ° and as much as 2 C (4 F) in some already contracted significantly during to which the effects of climate change (a areas. They are projected to increase by the past 50 to 100 years (Vincent 1962, major environmental driver) can reliably ° ° another 1.5 to 5.5 C (3 to 10 F) over pp. 96–121; Kaya 1992, pp. 49–51). The be modeled or predicted. Thus we the next 100 years (Karl et al. 2009, p. currently occupied native Arctic conclude that climate change 135). For the purposes of this finding, grayling habitat tends be in colder areas constitutes a threat in the Missouri DPS we consider the foreseeable future for of moderate-to-high elevation that may, of Arctic grayling in the foreseeable anticipated climate changes as to some extent, be more resistant to future. approximately 40 years, because various large or rapid changes in hydrology Stochastic (Random) Threats global climate models (GCM) and (Regonda et al. 2005, p. 380; Stewart et A principle of conservation biology is emissions scenarios give consistent al. 2005, p. 1142) or perhaps stream that the presence of larger and more predictions within that timeframe (Ray warming. et al. 2010, p. 11). We used a similar productive (resilient) populations can foreseeable future to consider climate Nonetheless, we do not expect these reduce overall extinction risk. To change projects in other 12–month habitats to be entirely immune from minimize extinction risk due to findings (see American pika (Ochotona effects of climate warming, so we expect (random) stochastic threats, life-history princeps) – 75 FR 6448, February 9, that climate change could lead to further diversity should be maintained, 2010). While projected patterns of range contractions of Arctic grayling of populations should not all share warming across North America are the upper Missouri River and may common catastrophic risks, and both generally consistent across different increase the species’ risk of extinction widespread and spatially close GCMs and emissions scenarios (Ray et over the next 30 to 40 years as climate populations are needed (Fausch et al. al. 2010, p. 22), there tends to be less impacts interact with existing stressors 2006, p. 23; Allendorf et al. 1997, agreement among models for whether (Karl et al. 2009, p. 81), such as habitat entire). Based on these principles, the mean annual precipitation will increase degradation, stream dewatering, upper Missouri River DPS of Arctic or decrease, but the models seem to drought, and interactions with grayling may face current and future indicate an increase in precipitation in nonnative trout that are already threats from stochastic processes that winter and a decrease in summer (Ray affecting the DPS. We anticipate that act on small, reproductively isolated et al. 2010, pp. 22–23). In the implementation of the Big Hole Grayling populations. foreseeable future, natural variation will CCAA may partially compensate for, or The upper Missouri River DPS of likely confound a clear prediction for reduce the severity of, likely effects of Arctic grayling exists as a collection of precipitation based on current climate climate change on Arctic grayling in the small, isolated populations (Figure 2; models (Ray et al. 2010, p. 29). Big Hole River. However, if current Peterson and Ardren 2009, entire). Although there is considerable projections are realized, climate change Patterns of dispersal among extant uncertainty about how climate will is likely to exacerbate the existing Arctic grayling populations have been evolve at any specific location, primary threats to Arctic grayling constrained dramatically by the statistically downscaled climate outside the Big Hole River. The IPCC presence of dams. The inability of fish projection models (models that predict projects that the changes to the global to move between populations limits climate at finer spatial resolution than climate system in the 21st century will genetic exchange, the maintenance of GCMs) for the Pacific Northwest also likely be greater than those observed in local populations (demographic support widespread warming, with the 20th century (IPCC 2007, p. 45); support; Hilderbrand 2003, p. 257), and warmer temperature zones shifting to therefore, we anticipate that these recolonization of habitat fragments the north and upward in elevation (Ray effects will continue and likely increase (reviewed by Fausch et al. 2006, pp. 8- et al. 2010, pp. 23–24). into the foreseeable future. We do not 9). Isolated populations cannot offset The land area of the upper Missouri consider climate change in and of itself the random loss of genetic variation River basin also is predicted to warm to be a significant factor in our (Fausch et al. 2006, p. 8). This in turn (Ray et al. 2010, p. 23), although determination of whether Arctic can lead to loss of phenotypic variation currently occupied Arctic grayling grayling of the upper Missouri River is and evolutionary potential (Allendorf habitat tends be in colder areas of warranted for listing because of the and Ryman 2002, p. 54). Relative to the moderate-to-high elevation. Four out of greater imminence and magnitude of presumed historical condition of

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connectivity among most of the major (i.e., catastrophe). Three of the five abundance where demographic rivers in the upper Missouri River basin, populations are within the same stochasticity is likely. the extant native Arctic grayling watershed (Big Hole River, Miner Lakes, Overall, we conclude that the upper populations face both genetic and and Mussigbrod Lake populations), so Missouri River DPS of Arctic grayling demographic threats from isolation, collectively these three populations faces threats from population isolation, both currently and in the foreseeable would be at greater risk. Individually, loss of genetic diversity, and small future. each population appears to be at population size, which all interact to Four of the five individual substantial risk of extirpation by increase the likelihood that random populations in the upper Missouri River catastrophe from one or more factor, environmental variation or a catastrophe DPS of Arctic grayling are at low-to- such as restricted distribution (Miner can extirpate an individual population. moderate abundance (see Population Lakes, Mussigbrod Lake), low The uncertainty of PVA predictions Status and Trends for Native Arctic population abundance (Madison Lake, increases dramatically after about 25 to Grayling of the Upper Missouri River, Red Rocks Lakes , Big Hole River), and 30 years, so we feel this represents a above). Individually, small populations concentration of spawning primarily in foreseeable future in terms of stochastic need to maintain enough adults to a single, discrete location (Red Rock threats to the DPS. Lack of connectivity minimize loss of variability through Lakes). The Big Hole River population among extant populations and lack of genetic drift and inbreeding (Rieman may be at a comparatively lower risk replicate populations for the fluvial and McIntyre 1993, pp. 10–11). The from catastrophe because individuals ecotype represent current threats. point estimates for genetic effective still spawn at multiple locations within Threats from reduced genetic diversity, population sizes observed in the Big the drainage (Rens and Magee 2007, p. environmental variation, or catastrophe Hole River, Miner Lakes, Madison River, 13). are threats in the foreseeable future, and Red Rock Lakes populations are The population viability analysis because their effects may take longer to above the level at which inbreeding is (PVA) demonstrates that four of the five play out (i.e., link between genetic an immediate concern, but below the extant populations in the upper diversity and adaptation) and are based level presumed to provide the genetic Missouri River DPS of Arctic grayling on probabilistic inference concerning variation necessary to conserve long- are at moderate (at least 13 percent) to the magnitude of variation in term adaptive potential (Peterson and high risk (more than 50 percent) of population growth, environmental Ardren 2009, pp. 1767, 1769). extinction from random environmental fluctuation, and periodic disturbance. Historically, effective population sizes variation. In this context, random Summary of Factor E of Arctic grayling in the Missouri River environmental variation is simply were estimated to be 1 or 2 orders of Based on the information available at considered to be common magnitude greater (10 to 100 times) than this time, we conclude that drought environmental fluctuations, such as those currently observed (Peterson and represents a current and future threat to drought, floods, debris flows, changes in Ardren 2009, pp. 1767). Loss of genetic native Arctic grayling in the upper food availability, etc. that affect variation relative to the historical Missouri River system. Drought can population size and population growth. condition thus represents a threat to affect fish populations by reducing These PVA analyses assume that Arctic grayling in the foreseeable future. stream flow volumes, which leads to Only the Big Hole River population variation in annual population growth dewatering and high temperatures that expresses the migratory fluvial ecotype increases as population size decreases can limit connectivity among spawning, that presumably dominated in the upper (Rieman and McIntyre 1993, pp. 43–46), rearing, and sheltering habitats; a Missouri River basin (Kaya 1992, pp. which seems a reasonable assumption reduced volume of thermally suitable 47–50); therefore, the DPS lacks given the large inter-annual variability habitat; and an increased frequency of functional redundancy in ecotypes. in relative abundance and recruitment water temperatures above the Conservation of life-history diversity is observed in some Arctic grayling physiological limits for optimum growth important to the persistence of species populations in Montana (e.g., Big Hole and survival. confronted by habitat change and River) (Magee et al. 2005, pp. 27–28). Climate projections suggest that the environmental perturbations (Beechie et Simply stated, smaller populations are frequency and severity of drought is al. 2006, entire). Therefore, the lack of more likely to go extinct even if they are expected to increase; thus the additional fluvial populations stable because they are already close to magnitude of drought-related threats represents a current threat to the upper the extinction threshold, and random and impacts also may increase. We Missouri River DPS. Reintroduction environmental events can drive their anticipate the effects of drought to be efforts have been ongoing to reduce this abundance below that threshold. most pronounced in streams, rivers, and threat, but have not yet produced a self- Consequently, we believe that shallow lakes; therefore, the Big Hole sustaining population at any of the extinction risk from random River, Madison River–Ennis Reservoir, reintroduction sites (Rens and Magee environmental variation (droughts, and Red Rock Lakes populations are 2007, pp. 21–38). Future successful floods, etc.) represents a significant likely to be most threatened by drought. reintroductions may reduce this threat, threat in the foreseeable future based on There is evidence for increasing air but at the present time we consider the the PVA. temperatures and changing hydrologic threat to extend into the foreseeable We are unsure whether chance pattern resulting from climate change in future. variation in the fates of individuals the Pacific Northwest and Populations of Arctic grayling in the within a given year (demographic intermountain West, and we conclude upper Missouri River DPS are for the stochasticity) is a current threat to the that climate change is a secondary threat most part widely separated from one upper Missouri River DPS of Arctic that can interact with and magnify the another, particularly those populations grayling. The magnitude of demographic effects of primary threats, such as in the Big Hole, Madison, and Red Rock stochasticity is inversely related to drought, stream dewatering from drainages (see Figure 2). Thus, they do population size (Morris and Doak 2002, irrigation withdrawals, and the outcome not appear to all share a common risk pp. 22–23), but we do not know whether of interactions with nonnative trout of being extirpated by a rare, high- any of the Arctic grayling populations species that have higher thermal magnitude environmental disturbance currently exist at or below an tolerances. We anticipate that climate

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change will remain a threat in the appropriate from both a practical contains the only remaining example of foreseeable future, but that conservation management and conservation the fluvial ecotype in the DPS, and the programs that increase connectivity perspective. We refer to this DPS as the effective number of breeding adults among refuge habitats and improve Missouri River DPS of Arctic grayling. declined by half during the past 15 stream flows (e.g., Big Hole Grayling As discussed above, we do not include years. Populations of Arctic grayling in CCAA) will to some extent mitigate or the nonnative Arctic grayling in the two small lakes in the Big Hole River lessen the effects of climate change. DPS, based on intent of the Act, IUCN drainage (Miner and Mussigbrod) Climate change effects should be most guidelines, and NMFS policy. The appear to be more abundant, and pronounced in those same habitats and Service does not currently have a perhaps more secure than the other populations most strongly affected by specific policy concerning nonnative native populations. water availability (Big Hole River, species, therefore we will investigate This status review identified threats Madison River–Ennis Reservoir, Red this topic in more detail during the to the DPS related to Factors A, C, D, Rock Lakes), but lake habitats also can proposed rulemaking process. and E (see Table 5). All populations face be affected (Schneider et al. 2009, As required by the ESA, we potential threats from competition with entire), so threats likely extend to the considered the five factors in assessing and predation by nonnative trout other populations in the DPS (Miner whether the Missouri River DPS of (Factor C) now and in the foreseeable and Mussigbrod Lakes). Arctic grayling is endangered or future. The magnitude of this threat The Missouri River DPS of Arctic threatened throughout all or a likely varies by Arctic grayling grayling currently exists as a collection significant portion of its range. We population, and is greater in locations of small, isolated populations that face carefully examined the best scientific where multiple species of nonnative some current and foreseeable threats and commercial information available trout are present, abundant, and from a collection of random (stochastic) regarding the past, present, and future comprise a large proportion of the processes characteristic of small threats faced by the DPS. We reviewed salmonid biomass (e.g., Big Hole River, populations, such as loss of genetic the petition, information available in Madison River–Ennis Reservoir, Red diversity because of habitat our files, other available published and Rock Lakes). Most populations face fragmentation and isolation, and unpublished information, and we threats that result from the alteration of individual populations face increased consulted with recognized species their habitats (Factor A), such as habitat risk of extirpation from random experts and other Federal, State, and fragmentation from large dams or environmental variation (results of PVA) tribal agencies. On the basis of the best smaller irrigation diversion structures, and catastrophe. scientific and commercial information stream dewatering, high summer water available, we find that listing the DPS as temperatures, loss of riparian habitats, Finding endangered or threatened is warranted. and entrainment in irrigation ditches As defined by the DPS Policy, we We will make a determination on the (see Table 5). Severe drought (Factor E) determined that the native Arctic status of the species as endangered or likely affects all populations by grayling of the upper Missouri River threatened when we do a proposed reducing water availability and reducing constitutes a listable entity under the listing determination. However, as the extent of thermally suitable habitat, ESA. We also considered the explained in more detail below (see but we presume the effects of drought appropriateness of listing separate Preclusion and Expeditious Progress are most pronounced for Arctic grayling distinct population segments based on section), an immediate proposal of a that reside primarily in streams and each of the ecotypes (fluvial and regulation implementing this action is rivers (Big Hole River) or shallow lakes adfluvial) that occur naturally in Arctic precluded by higher priority listing (Madison River–Ennis Reservoir, Red grayling populations in the Missouri actions, and progress is being made to Rock Lakes). We did not consider River basin. The best scientific add or remove qualified species from climate change (Factor E) in and of itself information indicates these ecotypes the Lists of Endangered and Threatened to be a significant current threat, but if share a recent evolutionary history and Wildlife and Plants. current climate changes projections are the populations do not cluster The historical range of Arctic grayling realized, we expect that climate change genetically by life-history type. in the upper Missouri River basin has will influence severity and scope of key Maintaining life-history diversity declined dramatically in the past threats (habitat degradation and increases the likelihood that a species century. The five remaining indigenous fragmentation, stream dewatering, (or DPS) will maintain both the genetic populations are isolated from one interactions with nonnative trout, diversity and evolutionary flexibility to another by dams or other factors. drought). As applied, existing regulatory deal with future environmental Moreover, three of these five mechanisms (Factor D) do not appear to challenges. Consequently we feel that populations (Big Hole, Madison–Ennis, be adequate to address primary threats preservation of both native ecotypes in Red Rocks) appear to be at low to grayling (e.g., stream dewatering, loss their native habitats is essential to abundance (perhaps no more than 650 of riparian habitats), as at least three conservation of the DPS; thus we have to 2,000 adults per population) and have native Arctic grayling populations have determined that a single DPS that declined in abundance during the past continued to decline in abundance in includes both ecotypes is most few decades. The Big Hole River recent decades.

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TABLE 5. CURRENT AND FORESEEABLE THREATS TO INDIVIDUAL POPULATIONS OF NATIVE ARCTIC GRAYLING IN THE UPPER MISSOURI RIVER DPS.

Threat Madison River–Ennis Factor Big Hole River Miner Lakes Mussigbrod Lake Reservoir Red Rocks Lakes

A Dams/habitat Dams/habitat Dams/habitat Dams/habitat fragmentationa fragmentation fragmentation fragmentation Dewateringa Thermal stress Dewatering Thermal stressa Thermal stress Entrainmenta Entrainment Riparian habitat lossa Riparian habitat loss Sediments

C Predation & competition Predation & competition Predation & competition Predation & competition Predation & competition with nonnative trout with nonnative trout with nonnative trout with nonnative trout with nonnative trout

D Inadequate regulationsb Inadequate regulationsb Inadequate regulationsb Inadequate regulationsb Inadequate regulationsb (nonnative trout, (nonnative trout, (nonnative trout, (nonnative trout, (nonnative trout, continued population extirpation of other lake extirpation of other lake federally-permitted dam, continued population decline) populations of populations of continued population decline) grayling) grayling) decline)

E Reduced genetic Reduced genetic Drought Reduced genetic Reduced genetic diversity, low diversity, low Climate changec diversity, low diversity, low abundance, random abundance, random abundance, random abundance, random events events events events Drought Drought Drought Drought Climate changec Climate changec Climate changec Climate changec No replicate of fluvial ecotype a The magnitude of current threats to the majority of the extant population or its habitat are expected be reduced in the foreseeable future from implementation of a formalized conservation plan (i.e., Big Hole Grayling CCAA). b Terms in parenthesis characterize the inadequacy of the regulatory mechanisms in terms of not addressing specific threats (e.g., nonnative trout, Factor C; dams, Factor A) or having no observed record of success with protecting existing populations (continued population decline, ex- tirpation of other similarly situated populations). c Threats believed to be of secondary importance or that interact with primary threats.

In the Big Hole River, ongoing environmental challenges such as those human-caused catastrophe is not likely implementation of a formalized anticipated under climate change, so to extirpate all populations at once. In conservation program (Big Hole having only a single population of the addition, the remaining population that Grayling CCAA) with substantial fluvial ecotype represents a significant expresses the fluvial ecotype (Big Hole participation from non-Federal threat to that ecotype’s long-term River) is subject to ongoing landowners and State and Federal persistence. A reintroduction program implementation of a formalized agency partners should significantly designed to address this threat has been conservation agreement (Big Hole reduce many of the habitat-related implemented for more than a decade Grayling CCAA) with adaptive threats to that population in the and has made some recent technical management stipulations if Arctic foreseeable future. In the Red Rock advances in the production of Arctic grayling population goals are not being Lakes NWR, implementation of a CCP grayling fry. Natural reproduction by met (MFWP et al. 2006, pp. 60–61), and should reduce many of the primary grayling has been observed at a re- provisions to rescue Arctic grayling or threats to Arctic grayling that occur introduction site in the Ruby River. At address alteration to habitat in the event within the NWR’s boundary, but threats least 5 to 10 more years of monitoring of a large-magnitude disturbance such to Arctic grayling and its habitat also is needed for us to establish that the as a debris flow or flood (MFWP 2006, exist outside the administrative reintroduced fish in the Ruby River pp. 85–86). boundary of the CCP. constitute a viable population. Four of five populations appear to be We reviewed the available Listing Priority Number at risk of extirpation in the foreseeable information to determine if the existing The Service adopted guidelines on future (next 20 to 30 years) from random and foreseeable threats render the September 21, 1983 (48 FR 43098), to fluctuations in environmental species at risk of extinction now such establish a rational system for utilizing conditions (e.g., precipitation, food that issuing an emergency regulation available resources for the highest availability, density of competitors, temporarily listing the species under priority species when adding species to etc.), simply because they are at low section 4(b)(7) of the ESA is warranted. the Lists of Endangered or Threatened abundance and cannot receive We determined that issuing an Wildlife and Plants or reclassifying demographic support from other native emergency regulation temporarily species listed as threatened to populations (Factor E). Low abundance listing the DPS is not warranted at this endangered status. These guidelines, and isolation also raises concerns that time because there are five populations titled ‘‘Endangered and Threatened the loss of genetic variation from chance in the DPS and the probability of Species Listing and Recovery Priority events (genetic drift) also may be a simultaneous extinction of all five Guidelines’’ address the immediacy and threat in some populations. Maintaining populations is low, as the populations magnitude of threats, and the level of life-history diversity is important for are physically discrete and isolated from taxonomic distinctiveness by assigning species conservation given anticipated one another such that a natural or priority in descending order to

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monotypic genera (genus with one threats to the Big Hole River population, native Arctic grayling of the upper species), full species, and subspecies (or but the scope of the threat posed by Missouri River, and the DPS’ status on equivalently, distinct population nonnative trout remains high. Due to the an annual basis, and should the segments of vertebrates). scope and scale of the high magnitude magnitude or the imminence of the As a result of our analysis of the best threats and current isolation of already threats change, we will revisit our available scientific and commercial small populations, we conclude that the assessment of LPN. information, we assigned the native magnitude of threats to native Arctic Arctic grayling of the upper Missouri grayling of the upper Missouri River is Preclusion and Expeditious Progress River a Listing Priority Number (LPN) of high. Preclusion is a function of the listing 3 based on our finding that the DPS Under our LPN guidelines, the second priority of a species in relation to the faces threats that are of high magnitude criterion we consider in assigning a resources that are available and and are imminent. These primary listing priority is the immediacy of competing demands for those resources. threats include the present or threatened threats. This criterion is intended to Thus, in any given fiscal year (FY), destruction, modification, or ensure that the species facing actual, multiple factors dictate whether it will curtailment of its habitat; competition identifiable threats are given priority be possible to undertake work on a with and predation by nonnative trout; over those for which threats are only proposed listing regulation or whether inadequacy of existing regulatory potential or that are intrinsically promulgation of such a proposal is mechanisms to address all threats; vulnerable but are not known to be warranted but precluded by higher extinction risk from small population presently facing such threats. Not all the priority listing actions. size and isolation; drought; and lack of threats facing the DPS are imminent. For The resources available for listing replication of the fluvial life history. example, threats from climate change actions are determined through the Under the Service’s guidelines, the and catastrophe are reasonably certain annual Congressional appropriations magnitude of threat is the first criterion to occur, and their effects may be process. The appropriation for the we look at when establishing a listing particularly acute for small, isolated Listing Program is available to support priority. The guidance indicates that populations, but the specific nature and work involving the following listing species with the highest magnitude of influence of these effects, although actions: Proposed and final listing rules; threat are those species facing the ongoing, are uncertain at this point. 90–day and 12–month findings on greatest threats to their continued With relative certainty, we can project petitions to add species to the Lists of existence. These species receive the that climate change effects will highest listing priority. We consider the exacerbate other ongoing effects Endangered and Threatened Wildlife threats that the native Arctic grayling of throughout the DPS. In contrast, we and Plants (Lists) or to change the status the upper Missouri River faces to be have factual information that some of a species from threatened to high in magnitude because many of the threats are imminent because we have endangered; annual determinations on threats that we analyzed are present factual information that the threats are prior ‘‘warranted but precluded’’ petition throughout the range and currently identifiable and that the DPS is findings as required under section impact the DPS to varying degrees (e.g., currently facing them in many areas of 4(b)(3)(C)(i) of the ESA; critical habitat habitat fragmentation, nonnative trout, its range. These other threats are petition findings; proposed and final inadequate regulatory mechanisms), and covered in detail in the discussions rules designating critical habitat; and will continue to impact the DPS into the under Factors A and C of this finding litigation-related, administrative, and future. The threats that are of high and include habitat fragmentation, program-management functions magnitude include present or stream dewatering, and riparian (including preparing and allocating threatened destruction, modification, or degradation from agriculture and budgets, responding to congressional curtailment of its habitat; competition ranching; dams; and competition with and public inquiries, and conducting with and predation by nonnative trout; and predation by nonnative trout. public outreach regarding listing and inadequacy of existing regulatory Therefore, based on our LPN Policy, the critical habitat). The work involved in mechanisms to address all threats; threats are imminent (ongoing). preparing various listing documents can extinction risk from small population The third criterion in our LPN be extensive and may include, but is not size and isolation and vulnerability to guidelines is intended to devote limited to: Gathering and assessing the catastrophes; drought; and lack of resources to those species representing best scientific and commercial data replication of the fluvial life-history. highly distinctive or isolated gene pools available and conducting analyses used Also, the small number (five) and size as reflected by taxonomy. We as the basis for our decisions; writing and isolation of the populations may determined the native Arctic grayling of and publishing documents; and magnify the impact of the other threats the upper Missouri River to be a valid obtaining, reviewing, and evaluating under Factors A and C. DPS according to our DPS Policy. public comments and peer review The DPS consists of only five Therefore, under our LPN guidance, the comments on proposed rules and populations, so loss of any individual native Arctic grayling of the upper incorporating relevant information into population would incrementally Missouri River is assigned a lower final rules. The number of listing increase the risk that the DPS will not priority than a species in a monotypic actions that we can undertake in a given persist. However, we presume that loss genus or a full species that faces the year also is influenced by the of the Big Hole River population would same magnitude and imminence of complexity of those listing actions; that create the highest risk, as this threats. Therefore, we assigned the is, more complex actions generally are population contains much of the genetic native Arctic grayling of the upper more costly. For example, during the diversity present in the species within Missouri River an LPN of 3 based on our past several years, the cost (excluding the Missouri River basin (Peterson and determination that the DPS faces threats publication costs) for preparing a 12– Ardren 2009, pp. 1763, 1768, 1770) and that are overall of high magnitude and month finding, without a proposed rule, is the only example of the fluvial are imminent. An LPN of 3 is the has ranged from approximately $11,000 ecotype. A conservation program (Big highest priority that can be assigned to for one species with a restricted range Hole Grayling CCAA) is being a distinct population segment. We will and involving a relatively implemented to address habitat-related continue to monitor the threats to the uncomplicated analysis to $305,000 for

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another species that is wide-ranging and our determinations of preclusion and being used to work on the actions involving a complex analysis. expeditious progress. described above as they apply to listing We cannot spend more than is Congress also recognized that the actions for foreign species. This has the appropriated for the Listing Program availability of resources was the key potential to further reduce funding without violating the Anti-Deficiency element in deciding, when making a 12– available for domestic listing actions, Act (see 31 U.S.C. 1341(a)(1)(A)). In month petition finding, whether we although there are currently no foreign addition, in FY 1998 and for each FY would prepare and issue a listing species issues included in our high- since then, Congress has placed a proposal or instead make a ‘‘warranted priority listing actions at this time. The statutory cap on funds which may be but precluded’’ finding for a given allocations for each specific listing expended for the Listing Program, equal species. The Conference Report action are identified in the Service’s FY to the amount expressly appropriated accompanying Public Law 97-304, 2010 Allocation Table (part of our for that purpose in that FY. This cap which established the current statutory administrative record). was designed to prevent funds deadlines and the warranted-but- In FY 2007, we had more than 120 appropriated for other functions under precluded finding, states (in a species with an LPN of 2, based on our the ESA (for example, recovery funds discussion on 90–day petition findings September 21, 1983, guidance for for removing species from the Lists), or that by its own terms also covers 12– assigning an LPN for each candidate for other Service programs, from being month findings) that the deadlines were species (48 FR 43098). Using this used for Listing Program actions (see ‘‘not intended to allow the Secretary to guidance, we assign each candidate an House Report 105-163, 105th Congress, delay commencing the rulemaking LPN of 1 to 12, depending on the 1st Session, July 1, 1997). process for any reason other than that magnitude of threats (high vs. moderate Recognizing that designation of the existence of pending or imminent to low), immediacy of threats (imminent critical habitat for species already listed proposals to list species subject to a or nonimminent), and taxonomic status would consume most of the overall greater degree of threat would make of the species (in order of priority: Listing Program appropriation, Congress allocation of resources to such a petition monotypic genus (a species that is the also put a critical habitat subcap in [that is, for a lower-ranking species] sole member of a genus); species; or part place in FY 2002 and has retained it unwise.’’ of a species (subspecies, distinct each subsequent year to ensure that In FY 2010, expeditious progress is population segment, or significant some funds are available for other work that amount of work that can be portion of the range)). The lower the in the Listing Program: ‘‘The critical achieved with $10,471,000, which is the listing priority number, the higher the habitat designation subcap will ensure amount of money that Congress listing priority (that is, a species with an that some funding is available to appropriated for the Listing Program LPN of 1 would have the highest listing address other listing activities’’ (House (that is, the portion of the Listing priority). Because of the large number of Report No. 107 - 103, 107th Congress, 1st Program funding not related to critical high-priority species, we further ranked Session, June 19, 2001). In FY 2002 and habitat designations for species that are the candidate species with an LPN of 2 each year until FY 2006, the Service has already listed). However these funds are by using the following extinction-risk had to use virtually the entire critical not enough to fully fund all our court- type criteria: IUCN Red list status/rank, habitat subcap to address court- ordered and statutory listing actions in Heritage rank (provided by mandated designations of critical FY 2010, so we are using $1,114,417 of NatureServe), Heritage threat rank habitat, and consequently none of the our critical habitat subcap funds in (provided by NatureServe), and species critical habitat subcap funds have been order to work on all of our required currently with fewer than 50 available for other listing activities. In petition findings and listing individuals, or 4 or fewer populations. FY 2007, we were able to use some of determinations. This brings the total Those species with the highest IUCN the critical habitat subcap funds to fund amount of funds we have for listing rank (critically endangered), the highest proposed listing determinations for actions in FY 2010 to $11,585,417. Our Heritage rank (G1), the highest Heritage high-priority candidate species. In FY process is to make our determinations of threat rank (substantial, imminent 2009, while we were unable to use any preclusion on a nationwide basis to threats), and currently with fewer than of the critical habitat subcap funds to ensure that the species most in need of 50 individuals, or fewer than 4 fund proposed listing determinations, listing will be addressed first and also populations, comprised a group of we did use some of this money to fund because we allocate our listing budget approximately 40 candidate species the critical habitat portion of some on a nationwide basis. The $11,585,417 (‘‘Top 40’’). These 40 candidate species proposed listing determinations so that is being used to fund work in the have had the highest priority to receive the proposed listing determination and following categories: compliance with funding to work on a proposed listing proposed critical habitat designation court orders and court-approved determination. As we work on proposed could be combined into one rule, settlement agreements requiring that and final listing rules for these 40 thereby being more efficient in our petition findings or listing candidates, we are applying the ranking work. In FY 2010, we are using some of determinations be completed by a criteria to the next group of candidates the critical habitat subcap funds to fund specific date; section 4 (of the ESA) with an LPN of 2 and 3 to determine the actions with statutory deadlines. listing actions with absolute statutory next set of highest priority candidate Thus, through the listing cap, the deadlines; essential litigation-related, species. critical habitat subcap, and the amount administrative, and listing program- To be more efficient in our listing of funds needed to address court- management functions; and high- process, as we work on proposed rules mandated critical habitat designations, priority listing actions for some of our for these species in the next several Congress and the courts have in effect candidate species. In 2009, the years, we are preparing multi-species determined the amount of money responsibility for listing foreign species proposals when appropriate, and these available for other listing activities. under the ESA was transferred from the may include species with lower priority Therefore, the funds in the listing cap, Division of Scientific Authority, if they overlap geographically or have other than those needed to address International Affairs Program, to the the same threats as a species with an court-mandated critical habitat for Endangered Species Program. Starting LPN of 2. In addition, available staff already listed species, set the limits on in FY 2010, a portion of our funding is resources also are a factor in

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determining high-priority species our 1983 Guidelines, a ‘‘species’’ facing and Plants. (Although we do not discuss provided with funding. Finally, imminent high-magnitude threats is it in detail here, we also are making proposed rules for reclassification of assigned an LPN of 1, 2, or 3, depending expeditious progress in removing threatened species to endangered are on its taxonomic status. Work on a species from the Lists under the lower priority, since as listed species, proposed listing determination for the Recovery program, which is funded by they are already afforded the protection upper Missouri River DPS of Arctic a separate line item in the budget of the of the ESA and implementing grayling is precluded by work on higher Endangered Species Program. As regulations. priority candidate species (i.e., species explained above in our description of We assigned the upper Missouri River with LPN of 2); listing actions with the statutory cap on Listing Program DPS of Arctic grayling an LPN of 3, absolute statutory, court ordered, or funds, the Recovery Program funds and based on our finding that the DPS faces court-approved deadlines; and final actions supported by them cannot be immediate and high magnitude threats listing determinations for those species considered in determining expeditious from the present or threatened that were proposed for listing with progress made in the Listing Program.) destruction, modification, or funds from previous FYs. This work As with our ‘‘precluded’’ finding, curtailment of its habitat; competition includes all the actions listed in the expeditious progress in adding qualified with and predation by nonnative trout; tables below under expeditious species to the Lists is a function of the and the inadequacy of existing progress. resources available and the competing regulatory mechanisms. One or more of As explained above, a determination demands for those funds. Given that the threats discussed above occurs in that listing is warranted but precluded limitation, we find that we are making each known population in the Missouri also must demonstrate that expeditious progress in FY 2010 in the Listing River basin. These threats are ongoing progress is being made to add or remove Program. This progress included and, in some cases (e.g., nonnative qualified species to and from the Lists preparing and publishing the species), considered irreversible. Under of Endangered and Threatened Wildlife determinations presented in Table 6.

TABLE 6. FY2010 COMPLETED LISTING ACTIONS

Publication Date Title Actions FR Pages

10/08/2009 Listing Lepidium papilliferum (Slickspot Peppergrass) as a Final Listing, 74 FR 52013-52064 Threatened Species Throughout Its Range Threatened

10/27/2009 90-day Finding on a Petition To List the American Dipper in the Notice of 90–day Peti- 74 FR 55177-55180 Black Hills of South Dakota as Threatened or Endangered tion Finding, Not Substantial

10/28/2009 Status Review of Arctic Grayling (Thymallus arcticus) in the Upper Notice of Intent to 74 FR 55524-55525 Missouri River System Conduct Status Re- view

11/03/2009 Listing the British Columbia Distinct Population Segment of the Proposed Listing 74 FR 56757-56770 Queen Charlotte Goshawk Under the ESA: Proposed rule. Threatened

11/03/2009 Listing the Salmon-Crested Cockatoo as Threatened Throughout Proposed Listing 74 FR 56770-56791 Its Range with Special Rule Threatened

11/23/2009 Status Review of Gunnison sage-grouse (Centrocercus minimus) Notice of Intent to 74 FR 61100-61102 Conduct Status Re- view

12/03/2009 12-Month Finding on a Petition to List the Black-tailed Prairie Dog Notice of 12–month 74 FR 63343-63366 as Threatened or Endangered Petition Finding, Not warranted

12/03/2009 90-Day Finding on a Petition to List Sprague’s Pipit as Threatened Notice of 90–day Peti- 74 FR 63337-63343 or Endangered tion Finding, Sub- stantial

12/15/2009 90-Day Finding on Petitions To List 9 Species of Mussels From Notice of 90–day Peti- 74 FR 66260-66271 Texas as Threatened or Endangered With Critical Habitat tion Finding, Sub- stantial

12/16/2009 Partial 90-Day Finding on a Petition to List 475 Species in the Notice of 90–day Peti- 74 FR 66865-66905 Southwestern United States as Threatened or Endangered With tion Finding, Not Critical Habitat Substantial & Sub- stantial

12/17/2009 12–month Finding on a Petition To Change the Final Listing of the Notice of 12–month 74 FR 66937-66950 Distinct Population Segment of the Canada Lynx To Include New Petition Finding, Mexico Warranted but Pre- cluded

01/05/2010 Listing Foreign Bird Species in Peru & Bolivia as Endangered Proposed Listing, En- 75 FR 605-649 Throughout Their Range dangered

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TABLE 6. FY2010 COMPLETED LISTING ACTIONS—Continued

Publication Date Title Actions FR Pages

01/05/2010 Listing Six Foreign Birds as Endangered Throughout Their Range Proposed Listing, En- 75 FR 286-310 dangered

01/05/2010 Withdrawal of Proposed Rule to List Cook’s Petrel Proposed rule, With- 75 FR 310-316 drawal

01/05/2010 Final Rule to List the Galapagos Petrel & Heinroth’s Shearwater as Final Listing, Threat- 75 FR 235-250 Threatened Throughout Their Ranges ened

01/20/2010 Initiation of Status Review for Agave eggersiana & Solanum Notice of Intent to 75 FR 3190-3191 conocarpum Conduct Status Re- view

02/09/2010 12–month Finding on a Petition to List the American Pika as Notice of 12–month 75 FR 6437-6471 Threatened or Endangered Petition Finding, Not Warranted

02/25/2010 12-Month Finding on a Petition To List the Sonoran Desert Notice of 12–month 75 FR 8601-8621 Population of the Bald Eagle as a Threatened or Endangered Dis- Petition Finding, Not tinct Population Segment Warranted

02/25/2010 Withdrawal of Proposed Rule To List the Southwestern Wash- Withdrawal of Pro- 75 FR 8621-8644 ington/Columbia River Distinct Population Segment of Coastal posed Rule to List Cutthroat Trout (Oncorhynchus clarki clarki) as Threatened

03/18/2010 90-Day Finding on a Petition to List the Berry Cave salamander as Notice of 90–day Peti- 75 FR 13068-13071 Endangered tion Finding, Sub- stantial

03/23/2010 90-Day Finding on a Petition to List the Southern Hickorynut Mus- Notice of 90–day Peti- 75 FR 13717-13720 sel (Obovaria jacksoniana) as Endangered or Threatened tion Finding, Not Substantial

03/23/2010 90-Day Finding on a Petition to List the Striped Newt as Threat- Notice of 90–day Peti- 75 FR 13720-13726 ened tion Finding, Sub- stantial

03/23/2010 12-Month Findings for Petitions to List the Greater Sage-Grouse Notice of 12–month 75 FR 13910-14014 (Centrocercus urophasianus) as Threatened or Endangered Petition Finding, Warranted but Pre- cluded

03/31/2010 12-Month Finding on a Petition to List the Tucson Shovel-Nosed Notice of 12–month 75 FR 16050-16065 Snake (Chionactis occipitalis klauberi) as Threatened or Endan- Petition Finding, gered with Critical Habitat Warranted but Pre- cluded

04/05/2010 90-Day Finding on a Petition To List Thorne’s Hairstreak Butterfly Notice of 90–day Peti- 75 FR 17062-17070 as or Endangered tion Finding, Sub- stantial

04/06/2010 12–month Finding on a Petition To List the Mountain Whitefish in Notice of 12–month 75 FR 17352-17363 the Big Lost River, Idaho, as Endangered or Threatened Petition Finding, Not Warranted

04/06/2010 90-Day Finding on a Petition to List a Stonefly (Isoperla jewetti) & a Notice of 90–day Peti- 75 FR 17363-17367 Mayfly (Fallceon eatoni) as Threatened or Endangered with Crit- tion Finding, Not ical Habitat Substantial

04/07/2010 12-Month Finding on a Petition to Reclassify the Delta Smelt From Notice of 12–month 75 FR 17667-17680 Threatened to Endangered Throughout Its Range Petition Finding, Warranted but Pre- cluded

04/13/2010 Determination of Endangered Status for 48 Species on Kauai & Final Listing, Endan- 75 FR 18959-19165 Designation of Critical Habitat gered

04/15/2010 Initiation of Status Review of the North American Wolverine in the Notice of Initiation of 75 FR 19591-19592 Contiguous United States Status Review

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TABLE 6. FY2010 COMPLETED LISTING ACTIONS—Continued

Publication Date Title Actions FR Pages

04/15/2010 12-Month Finding on a Petition to List the Wyoming Pocket Gopher Notice of 12–month 75 FR 19592-19607 as Endangered or Threatened with Critical Habitat Petition Finding, Not Warranted

04/16/2010 90-Day Finding on a Petition to List a Distinct Population Segment Notice of 90–day Peti- 75 FR 19925-19935 of the Fisher in Its United States Northern Rocky Mountain tion Finding, Range as Endangered or Threatened with Critical Habitat Substantial

04/20/2010 Initiation of Status Review for Sacramento splittail (Pogonichthys Notice of Initiation of 75 FR 20547-20548 macrolepidotus) Status Review

04/26/2010 90-Day Finding on a Petition to List the Harlequin Butterfly as En- Notice of 90–day Peti- 75 FR 21568-21571 dangered tion Finding, Substantial

04/27/2010 12-Month Finding on a Petition to List Susan’s Purse-making Notice of 12–month 75 FR 22012-22025 Caddisfly (Ochrotrichia susanae) as Threatened or Endangered Petition Finding, Not Warranted

04/27/2010 90–day Finding on a Petition to List the Mohave Ground Squirrel Notice of 90–day Peti- 75 FR 22063-22070 as Endangered with Critical Habitat tion Finding, Sub- stantial

05/04/2010 90-Day Finding on a Petition to List Hermes Copper Butterfly as Notice of 90–day Peti- 75 FR 23654-23663 Threatened or Endangered tion Finding, Sub- stantial

6/1/2010 90-Day Finding on a Petition To List Castanea pumila var. Notice of 90–day Peti- 75 FR 30313-30318 ozarkensis tion Finding, Sub- stantial

6/1/2010 12–month Finding on a Petition to List the White-tailed Prairie Dog Notice of 12–month 75 FR 30338-30363 as Endangered or Threatened petition finding, Not warranted

6/9/2010 90-Day Finding on a Petition To List van Rossem’s Gull-billed Tern Notice of 90–day Peti- 75 FR 32728-32734 as Endangered orThreatened. tion Finding, Sub- stantial

6/16/2010 90-Day Finding on Five Petitions to List Seven Species of Hawai- Notice of 90–day Peti- 75 FR 34077-34088 ian Yellow-faced Bees as Endangered tion Finding, Sub- stantial

6/22/2010 12-Month Finding on a Petition to List the Least Chub as Threat- Notice of 12–month 75 FR 35398-35424 ened or Endangered petition finding, Warranted but pre- cluded

6/23/2010 90-Day Finding on a Petition to List the Honduran Emerald Hum- Notice of 90–day Peti- 75 FR 35746-35751 mingbird as Endangered tion Finding, Sub- stantial

6/23/2010 Listing Ipomopsis polyantha (Pagosa Skyrocket) as Endangered Proposed Listing En- 75 FR 35721-35746 Throughout Its Range, and Listing Penstemon debilis (Parachute dangered Proposed Beardtongue) and Phacelia submutica (DeBeque Phacelia) as Listing Threatened Threatened Throughout Their Range

6/24/2010 Listing the Flying Earwig Hawaiian Damselfly and Pacific Hawaiian Final Listing Endan- 75 FR 35990-36012 Damselfly As Endangered Throughout Their Ranges gered

6/24/2010 Listing the Cumberland Darter, Rush Darter, Yellowcheek Darter, Proposed Listing En- 75 FR 36035-36057 Chucky Madtom, and Laurel Dace as Endangered Throughout dangered Their Ranges

6/29/2010 Listing the Mountain Plover as Threatened Reinstatement of Pro- 75 FR 37353-37358 posed Listing Threatened

7/20/2010 90-Day Finding on a Petition to List Pinus albicaulis (Whitebark Notice of 90–day Peti- 75 FR 42033-42040 Pine) as Endangered or Threatened with Critical Habitat tion Finding, Sub- stantial

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TABLE 6. FY2010 COMPLETED LISTING ACTIONS—Continued

Publication Date Title Actions FR Pages

7/20/2010 12-Month Finding on a Petition to List the Amargosa Toad as Notice of 12–month 75 FR 42040-42054 Threatened or Endangered petition finding, Not warranted

7/20/2010 90-Day Finding on a Petition to List the Giant Palouse Earthworm Notice of 90–day Peti- 75 FR 42059-42066 (Driloleirus americanus) as Threatened or Endangered tion Finding, Sub- stantial

7/27/2010 Determination on Listing the Black-Breasted Puffleg as Endangered Final Listing Endan- 75 FR 43844-43853 Throughout its Range; Final Rule gered

7/27/2010 Final Rule to List the Medium Tree-Finch (Camarhynchus pauper) Final Listing Endan- 75 FR 43853-43864 as Endangered Throughout Its Range gered

8/3/2010 Determination of Threatened Status for Five Penguin Species Final Listing Threat- 75 FR 45497- 45527 ened

8/4/2010 90-Day Finding on a Petition To List the Mexican Gray Wolf as an Notice of 90–day Peti- 75 FR 46894- 46898 Endangered Subspecies With Critical Habitat tion Finding, Sub- stantial

8/10/2010 90-Day Finding on a Petition to List Arctostaphylos franciscana as Notice of 90–day Peti- 75 FR 48294-48298 Endangered with Critical Habitat tion Finding, Sub- stantial

8/17/2010 Listing Three Foreign Bird Species from Latin America and the Final Listing Endan- 75 FR 50813-50842 Caribbean as Endangered Throughout Their Range gered

8/17/2010 90-Day Finding on a Petition to List Brian Head Mountainsnail as Notice of 90–day Peti- 75 FR 50739-50742 Endangered or Threatened with Critical Habitat tion Finding, Not substantial

8/24/2010 90-Day Finding on a Petition to List the Oklahoma Grass Pink Or- Notice of 90–day Peti- 75 FR 51969-51974 chid as Endangered or Threatened tion Finding, Sub- stantial

Our expeditious progress also statutory timelines, that is, timelines they overlap geographically or have the includes work on listing actions that we required under the ESA. Actions in the same threats as the species with the funded in FY 2010 but have not yet bottom section of the table are high- high priority. Including these species been completed to date (Table 7). These priority listing actions. These actions together in the same proposed rule actions are listed below. Actions in the include work primarily on species with results in considerable savings in time top section of the table are being an LPN of 2, and selection of these and funding, as compared to preparing conducted under a deadline set by a species is partially based on available separate proposed rules for each of them court. Actions in the middle section of staff resources, and when appropriate, in the future. the table are being conducted to meet include species with a lower priority if

TABLE 7. ACTIONS FUNDED IN FY 2010 BUT NOT YET COMPLETED

Species Action

Actions Subject to Court Order/Settlement Agreement

6 Birds from Eurasia Final listing determination

African penguin Final listing determination

Flat-tailed horned lizard Final listing determination

Mountain plover4 Final listing determination

6 Birds from Peru Proposed listing determination

Sacramento splittail 12–month petition finding

Pacific walrus 12–month petition finding

Gunnison sage-grouse 12–month petition finding

Wolverine 12–month petition finding

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TABLE 7. ACTIONS FUNDED IN FY 2010 BUT NOT YET COMPLETED—Continued

Species Action

Arctic grayling 12–month petition finding

Agave eggergsiana 12–month petition finding

Solanum conocarpum 12–month petition finding

Jemez Mountains salamander 12–month petition finding

Sprague’s pipit 12–month petition finding

Desert tortoise – Sonoran population 12–month petition finding

Pygmy rabbit (rangewide)1 12–month petition finding

Thorne’s Hairstreak butterfly4 12–month petition finding

Hermes copper butterfly4 12–month petition finding

Actions with Statutory Deadlines

Casey’s june beetle Final listing determination

Georgia pigtoe, interrupted rocksnail, and rough hornsnail Final listing determination

7 Bird species from Brazil Final listing determination

Southern rockhopper penguin – Campbell Plateau population Final listing determination

5 Bird species from Colombia and Ecuador Final listing determination

Queen Charlotte goshawk Final listing determination

5 species southeast fish (Cumberland Darter, Rush Darter, Final listing determination Yellowcheek Darter, Chucky Madtom, and Laurel Dace)

Salmon crested cockatoo Proposed listing determination

CA golden trout 12–month petition finding

Black-footed albatross 12–month petition finding

Mount Charleston blue butterfly 12–month petition finding

Mojave fringe-toed lizard1 12–month petition finding

Kokanee – Lake Sammamish population1 12–month petition finding

Cactus ferruginous pygmy-owl1 12–month petition finding

Northern leopard frog 12–month petition finding

Tehachapi slender salamander 12–month petition finding

Coqui Llanero 12–month petition finding

Dusky tree vole 12–month petition finding

3 MT invertebrates (mist forestfly(Lednia tumana), Oreohelix sp.3, 12–month petition finding Oreohelix sp. 31) from 206 species petition

5 UT plants (Astragalus hamiltonii, Eriogonum soredium, Lepidium 12–month petition finding ostleri, Penstemon flowersii, Trifolium friscanum) from 206 species petition

2 CO plants (Astragalus microcymbus, Astragalus schmolliae) from 12–month petition finding 206 species petition

5 WY plants (Abronia ammophila, Agrostis rossiae, Astragalus 12–month petition finding proimanthus, Boechere (Arabis) pusilla, Penstemon gibbensii) from 206 species petition

Leatherside chub (from 206 species petition) 12–month petition finding

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TABLE 7. ACTIONS FUNDED IN FY 2010 BUT NOT YET COMPLETED—Continued

Species Action

Frigid ambersnail (from 206 species petition) 12–month petition finding

Gopher tortoise – eastern population 12–month petition finding

Wrights marsh thistle 12–month petition finding

67 of 475 southwest species 12–month petition finding

Grand Canyon scorpion (from 475 species petition) 12–month petition finding

Anacroneuria wipukupa (a stonefly from 475 species petition) 12–month petition finding

Rattlesnake-master borer moth (from 475 species petition) 12–month petition finding

3 Texas moths (Ursia furtiva, Sphingicampa blanchardi, Agapema 12–month petition finding galbina) (from 475 species petition)

2 Texas shiners (Cyprinella sp., Cyprinella lepida) (from 475 species 12–month petition finding petition)

3 South Arizona plants (Erigeron piscaticus, Astragalus hypoxylus, 12–month petition finding Amoreuxia gonzalezii) (from 475 species petition)

5 Central Texas mussel species (3 from 474 species petition) 12–month petition finding

14 parrots (foreign species) 12–month petition finding

Berry Cave salamander1 12–month petition finding

Striped Newt1 12–month petition finding

Fisher – Northern Rocky Mountain Range1 12–month petition finding

Mohave Ground Squirrel1 12–month petition finding

Puerto Rico Harlequin Butterfly 12–month petition finding

Western gull-billed tern 12–month petition finding

Ozark chinquapin (Castanea pumila var. ozarkensis) 12–month petition finding

HI yellow-faced bees 12–month petition finding

Giant Palouse earthworm 12–month petition finding

Whitebark pine 12–month petition finding

OK grass pink (Calopogon oklahomensis)1 12–month petition finding

Southeastern pop snowy plover & wintering pop. of piping plover1 90–day petition finding

Eagle Lake trout1 90–day petition finding

Smooth-billed ani1 90–day petition finding

Bay Springs salamander1 90–day petition finding

32 species of snails and slugs1 90–day petition finding

42 snail species (Nevada & Utah) 90–day petition finding

Red knot roselaari subspecies 90–day petition finding

Peary caribou 90–day petition finding

Plains bison 90–day petition finding

Spring Mountains checkerspot butterfly 90–day petition finding

Spring pygmy sunfish 90–day petition finding

Bay skipper 90–day petition finding

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TABLE 7. ACTIONS FUNDED IN FY 2010 BUT NOT YET COMPLETED—Continued

Species Action

Unsilvered fritillary 90–day petition finding

Texas kangaroo rat 90–day petition finding

Spot-tailed earless lizard 90–day petition finding

Eastern small-footed bat 90–day petition finding

Northern long-eared bat 90–day petition finding

Prairie chub 90–day petition finding

10 species of Great Basin butterfly 90–day petition finding

6 sand dune (scarab) beetles 90–day petition finding

Golden-winged warbler 90–day petition finding

Sand-verbena moth 90–day petition finding

404 Southeast species 90–day petition finding

High Priority Listing Actions3

19 Oahu candidate species3 (16 plants, 3 damselflies) (15 with LPN = Proposed listing 2, 3 with LPN = 3, 1 with LPN =9)

19 Maui-Nui candidate species3 (16 plants, 3 tree snails) (14 with Proposed listing LPN = 2, 2 with LPN = 3, 3 with LPN = 8)

Dune sagebrush lizard (formerly Sand dune lizard)3 (LPN = 2) Proposed listing

2 Arizona springsnails3 (Pyrgulopsis bernadina (LPN = 2), Pyrgulopsis Proposed listing trivialis (LPN = 2))

New Mexico springsnail3 (Pyrgulopsis chupaderae (LPN = 2) Proposed listing

2 mussels3 (rayed bean (LPN = 2), snuffbox No LPN) Proposed listing

2 mussels3 (sheepnose (LPN = 2), spectaclecase (LPN = 4),) Proposed listing

Ozark hellbender2 (LPN = 3) Proposed listing

Altamaha spinymussel3 (LPN = 2) Proposed listing

8 southeast mussels (southern kidneyshell (LPN = 2), round Proposed listing ebonyshell (LPN = 2), Alabama pearlshell (LPN = 2), southern sandshell (LPN = 5), fuzzy pigtoe (LPN = 5), Choctaw bean (LPN = 5), narrow pigtoe (LPN = 5), and tapered pigtoe (LPN = 11)) 1 Funds for listing actions for these species were provided in previous FYs. 2 We funded a proposed rule for this subspecies with an LPN of 3 ahead of other species with LPN of 2, because the threats to the species were so imminent and of a high magnitude that we considered emergency listing if we were unable to fund work on a proposed listing rule in FY 2008. 3 Although funds for these high-priority listing actions were provided in FY 2008 or 2009, due to the complexity of these actions and competing priorities, these actions are still being developed. 4Partially funded with FY 2010 funds; also will be funded with FY 2011 funds.

We have endeavored to make our collectively constitute expeditious We intend that any proposed listing listing actions as efficient and timely as progress. action for the upper Missouri River DPS possible, given the requirements of the The upper Missouri River DPS of of Arctic grayling will be as accurate as relevant law and regulations, and Arctic grayling will be added to the list possible. Therefore, we will continue to constraints relating to workload and of candidate species upon publication of accept additional information and personnel. We are continually this 12–month finding. We will comments from all concerned considering ways to streamline continue to monitor the status of this governmental agencies, the scientific processes or achieve economies of scale, species as new information becomes community, industry, or any other such as by batching related actions available. This review will determine if interested party concerning this finding. together. Given our limited budget for a change in status is warranted, References Cited implementing section 4 of the ESA, including the need to make prompt use these actions described above of emergency listing procedures. A complete list of references cited is available on the Internet at http://

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www.regulations.gov and upon request Authority Dated: August 30, 2010 from the Montana Field Office (see Daniel M. Ashe, ADDRESSES section). The authority for this action is section Acting Director, Fish and Wildlife Service. 4 of the Endangered Species Act of [FR Doc. 2010–22038 Filed 9–7–10; 8:45 am] Authors 1973, as amended (16 U.S.C. 1531 et BILLING CODE 4310–55–S The primary authors of this notice are seq.). the staff members of the Montana Field Office.

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