Friday, June 25, 2004

Part III

Department of the Interior Fish and Wildlife Service

50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Proposed Designation of Critical Habitat for Populations of Bull Trout; Proposed Rule

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\25JNP3.SGM 25JNP3 35768 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules

DEPARTMENT OF THE INTERIOR participate in the public hearing should (2) Specific information on the contact Patti Carroll at 503/231–2080 as amount and distribution of bull trout Fish and Wildlife Service soon as possible. In order to allow habitat, and what habitat is essential to sufficient time to process requests, the conservation of the species and why; 50 CFR Part 17 please call no later than 1 week before (3) Land use designations and current RIN 1018–AJ12 the hearing date. or planned activities in the subject areas ADDRESSES: If you wish to comment, and their possible impacts on proposed Endangered and Threatened Wildlife you may submit your comments and critical habitat; and Plants; Proposed Designation of materials concerning this proposal by (4) Any foreseeable economic or other Critical Habitat for the Jarbidge River, any one of several methods: potential impacts resulting from the Coastal-Puget Sound, and Saint Mary- 1. You may submit written comments proposed designation, in particular, any Belly River Populations of Bull Trout and information to John Young, Bull impacts on small entities; (5) Whether our approach to critical Trout Coordinator, U.S. Fish and AGENCY: Fish and Wildlife Service, habitat designation could be improved Wildlife Service, Branch of Endangered Interior. or modified in any way to provide for Species, 911 N.E. 11th Avenue, greater public participation and ACTION: Proposed rule. Portland, OR 97232 (telephone 503/ understanding, or to assist us in 231–6194; facsimile 503/231–6243). SUMMARY: We, the U.S. Fish and accommodating public concern and 2. You may hand-deliver written Wildlife Service (Service), propose to comments; designate critical habitat for the Jarbidge comments to our Regional Office, at the (6) We are seeking comment on the River, Coastal-Puget Sound, and Saint address given above during normal use of tidal datum to delineate the area Mary-Belly River populations of bull business hours. of the photic zone (uppermost layer of trout (Salvelinus confluentus) pursuant 3. You may send comments by water into which daylight penetrates to the Endangered Species Act of 1973, electronic mail (e-mail) to: sufficiently to influence living as amended (Act). For the Jarbidge River [email protected]. Please see the organisms), and we are interested in any population, the proposed critical habitat Public Comments Solicited section proposed alternatives that appropriately designation includes approximately 131 below for file format and other identify proposed critical habitat for miles (mi) (211 kilometers (km)) of information about electronic filing. In bull trout in the marine nearshore streams in Idaho and Nevada. For the the event that our internet connection is waters; and Coastal-Puget Sound population, the not functional, please submit your (7) We are specifically seeking public proposed critical habitat designation comments by the alternate methods comment on areas of habitat for which totals approximately 2,290 mi (3,685 mentioned above. we do not have documented evidence of km) of streams, 52,540 acres (ac) (21,262 All comments and materials received, occupancy, but which may be essential hectares (ha)) of lakes, and 985 mi as well as supporting documentation to provide additional spawning and (1,585 km) of marine shoreline in used in preparation of this proposed rearing areas or foraging, migratory, and Washington. For the Saint Mary-Belly rule, will be available for public overwintering (FMO) habitat for existing River population, the proposed critical inspection, by appointment, during bull trout populations. Specific areas habitat designation totals approximately normal business hours at the above include: the headwater tributaries of the 88 mi (142 km) of streams and 6,295 ac address. Jarbidge River system; the Bruneau (2,548 ha) of lakes in Montana. Public Hearing: We will hold public River and its tributaries; tributaries of Section 4 of the Act requires us to hearings at the Comfort Inn and the Skokomish, Dungeness, Hoh, consider the economic and other Conference Center, 1620 74th Ave. Queets, Quinault, and Chehalis River relevant impacts of specifying any area Southwest, Tumwater, WA. Public systems; independent tributaries to as critical habitat. We will conduct an hearings will be held from 1 p.m. until Hood Canal, Pacific Coast from Cape analysis of the economic impacts of 3 p.m. and from 6 p.m. until 8 p.m. Flattery to Willapa Bay, and Grays designating these areas in a manner that FOR FURTHER INFORMATION CONTACT: John Harbor; Sumas River and tributaries of is consistent with the ruling of the 10th Young, Bull Trout Coordinator, at the the Chilliwack River system; tributaries Circuit Court of Appeals in N.M. Cattle above address, (telephone 503/231– of the Nooksack River system, especially Growers Ass’n v. USFWS. We hereby 6194; facsimile 503/231–6243). those to its major forks; tributaries of the solicit data and comments from the SUPPLEMENTARY INFORMATION: Skagit River system; tributaries of public on all aspects of this proposal, Diablo Lake and the Thunder Creek Public Comments Solicited including data on economic and other system; tributaries of Ross Lake and the impacts of the designation. We may We intend that any final action Lightning Creek system; tributaries of revise this proposal prior to final resulting from this proposal will be as the Stillaguamish River system, designation to incorporate or address accurate and as effective as possible. especially those to its major forks; new information received during public Therefore, comments or suggestions tributaries of the Skykomish River and comment periods. from the public, other concerned its major forks; and tributaries of the DATES: We will accept comments until governmental agencies, the scientific Puyallup River system, especially those August 24, 2004. community, industry, or any other to the Carbon, West Fork White, upper interested party concerning this White, and Greenwater Rivers. Public Hearing proposed rule are hereby solicited. If you wish to comment, you may The Act provides for a public hearing Comments particularly are sought submit your comments and materials on this proposal, if requested. Given the concerning: concerning this proposal by any one of high likelihood of requests, we have (1) The reasons why any habitat several methods (see ADDRESSES scheduled a public hearing to be held should or should not be determined to section). The proposed rule, maps, fact on Tuesday, August 10, 2004, in be critical habitat as provided by section sheets, photographs, and other materials Washington State. 4 of the Act, including whether the relating to this proposal, can be found Persons needing reasonable benefit of designation will outweigh any on our Pacific Region bull trout Web site accommodations in order to attend and threats to the species due to designation; at http://species.fws.gov/bulltrout.

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules 35769

Please submit e-mail comments to ADDRESSES for information on the public Procedural and Resource Difficulties in [email protected] in ASCII file hearings currently scheduled. Designating Critical Habitat format and avoid the use of special Anyone wishing to make oral characters or any form of encryption. comments for the record at the public We have been inundated with Please also include ‘‘Attn: bull trout’’ in hearing is encouraged to provide a lawsuits regarding critical habitat your e-mail subject header and your written copy of their statement and designation, and we face a growing name and return address in the body of present it to us at the hearing. In the number of lawsuits challenging critical your message. If you do not receive a event there is a large attendance, the habitat determinations once they are confirmation from the system that we time allotted for oral statements may be made. These lawsuits have subjected us have received your Internet message, limited. Oral and written statements to an ever-increasing series of court contact us directly by calling our receive equal consideration. orders and court-approved settlement Regional Office at phone number 503/ agreements, compliance with which 872–2766. Please note that the Internet Designation of Critical Habitat Provides now consumes nearly the entire listing address [email protected] will be Little Additional Protection to Species program budget. This leaves us with closed out at the termination of the In 30 years of implementing the little ability to prioritize our activities to public comment period. In the event Endangered Species Act of 1973, as direct scarce listing resources to the that our Internet connection is not amended (Act) (16 U.S.C. 1531 et seq.), listing program actions with the most functional, please submit your we have found that the designation of biologically urgent species conservation comments by the alternate methods statutory critical habitat provides little needs. mentioned above. additional protection to most listed The consequence of the critical Our practice is to make comments, species, while consuming significant habitat litigation activity is that limited amounts of available conservation including names and home addresses of listing funds are used to defend active respondents, available for public review resources. Our present system for lawsuits and to comply with the during regular business hours. designating critical habitat is driven by growing number of adverse court orders. Individual respondents may request that litigation rather than biology, limits our As a result, our own proposals to we withhold their home address from ability to fully evaluate the science undertake conservation actions based on the rulemaking record, which we will involved, consumes enormous agency honor to the extent allowable by law. resources, and imposes huge social and biological priorities are significantly There also may be circumstances in economic costs. We believe that delayed. which we would withhold from the additional agency discretion would The accelerated schedules of court rulemaking record a respondent’s allow our focus to return to those ordered designations have left us with identity, as allowable by law. If you actions that provide the greatest benefit almost no ability to provide for wish us to withhold your name and/or to the species most in need of additional public participation beyond address, you must state this protection. those minimally required by the prominently at the beginning of your Role of Critical Habitat in Actual Administrative Procedures Act, the Act, comment. However, we will not Practice of Administering and and our implementing regulations, or to consider anonymous comments. We Implementing the Act take additional time for review of will make all submissions from comments and information to ensure the organizations or businesses, and from While attention to, and protection of, rule has addressed all the pertinent individuals identifying themselves as habitat is paramount to successful issues before making decisions on representatives or officials of conservation actions, we have listing and critical habitat proposals, organizations or businesses, available consistently found that, in most due to the risks associated with for public inspection in their entirety. circumstances, the designation of noncompliance with judicially imposed Comments and materials received will critical habitat is of little additional deadlines. This, in turn, fosters a second be available for public inspection, by value for most listed species, yet it round of litigation in which those who appointment, during normal business consumes large amounts of conservation will suffer adverse impacts from these hours at the above address. resources. Sidle (1987) stated, ‘‘Because decisions challenge them. The cycle of the ESA can protect species with and Public Hearings litigation appears endless, is very without critical habitat designation, expensive, and in the final analysis, critical habitat designation may be The Act provides for one or more provides little additional protection to redundant to the other consultation public hearings on this proposal, if listed species. requested. Requests for public hearings requirements of section 7.’’ must be made in writing within 45 days Currently, only 445 species or 36 The costs resulting from the of the publication of the proposal. percent of the 1,244 listed species in the designation include legal costs, the cost Public hearing requests must be U.S. under our jurisdiction have of preparation and publication of the received by August 9, 2004. However, designated critical habitat. We address designation, the analysis of the due to the high probability of receiving the habitat needs of all 1,211 listed economic effects, and the cost of a request for a public hearing on this species through conservation requesting and responding to public proposal, we have scheduled public mechanisms such as listing, section 7 comment, and in some cases the costs hearings to be held on Tuesday, August consultations, the section 4 recovery of compliance with the National 10, 2004, in Tumwater, WA. If, as the planning process, the section 9 Environmental Policy Act of 1969, all result of public requests, we decide to protective prohibitions of unauthorized are part of the cost of critical habitat schedule additional public hearings on take, section 6 funding to the States, and designation. These costs result in this proposal, we will announce the the section 10 incidental take permit minimal benefits to the species that is dates, times, and places of those process. We believe that it is these not already afforded by the protections hearings in the Federal Register and measures that may make the difference of the Act enumerated earlier, and they local newspapers at least 15 days prior between extinction and survival for directly reduce the funds available for to the first hearing. See DATES and many species. direct and tangible conservation actions.

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 35770 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules

Bull Trout Biology, Life History provide an important component of theory, as positions of patches and the Strategies, and Distribution their FMO habitat, and are integral to types of prey change with the seasons, maintaining the complex the predator must constantly modify its Biology amphidromous life-history strategy, behavior in order to stay alive and Bull trout (Salvelinus confluentus) are which is unique to the Coastal-Puget maximize fitness (Hart 1986). In the members of the char subgroup of the Sound distinct population segment. Puget Sound area, bull trout may family Salmonidae and are native to When juvenile bull trout emigrate seasonally prey upon salmon eggs, waters of western North America. Bull downstream to marine waters, they smolts, or hatchery salmon. At other trout are relatively dispersed in the enter a more productive marine times, they may enter marine waters to Columbia River and Snake River basins, environment that allows them to prey upon surf smelt and Pacific herring extending east to headwater streams in achieve rapid growth and energy storage where these fish school or spawn Montana and Idaho, and into Canada. (similar to adfluvial forms migrating to (Kraemer 1994). Seasonally, bull trout Bull trout also occur in the Klamath lakes and reservoirs) (Washington may also enter marine areas in order to River basin of south-central Oregon. For Department of Fish and Wildlife locate abundant freshwater prey species additional information on the biology (WDFW) et al. 1997). Bull trout in adjacent rivers not connected to their and habitat requirements of the bull ‘‘smolts’’ typically enter marine water at core area (Sam Brenkman, Olympic trout, please refer to the proposed 2 years of age and around 6 in (150 mm) National Park, in litt. 2003). In a critical habitat rule for the Klamath or longer, although much smaller Montana study in Flathead Lake (Leathe River and Columbia River populations individuals have been reported (Curtis and Graham 1982), kokanee (68 FR 6863, February 11, 2003), and Kraemer, WDFW, in litt. 2003). While in (Oncorhynchus nerka) were an listing rules for the Klamath River and marine waters, bull trout appear to important food source for bull trout Columbia River population (63 FR primarily occupy productive estuarine during spring months. By autumn, the 31647, June 10, 1998), Jarbidge River and nearshore habitat and feed on a bull trout had moved to near the mouth population (64 FR 17110, April 8, 1999), variety of prey items, especially small of the Flathead River, reportedly to and Coastal-Puget Sound and Saint marine fish such as Pacific herring exploit a pygmy whitefish (Prosopium Mary-Belly River populations (64 FR (Clupea pallasii), surf smelt coulteri) spawning run (Leathe and 58910, November 1, 1999). (Hypomesus pretiosus), and sandlance Graham 1982). Life-History Strategies (Ammodytes hexapterus) (WDFW et al. Upon reaching maturity, 1997; Brenkman and Corbett 2003). amphidromous bull trout begin Bull trout exhibit a number of life- Subadult bull trout use marine habitat reentering mainstem rivers in late spring history strategies: stream-resident, to forage, generally from late spring to and early summer to migrate to their migratory, and amphidromous. Stream- early fall, and as migration corridors to spawning tributaries (WDFW 1998). resident bull trout complete their entire and from essential marine foraging Similar to the adfluvial life history, after life cycle in the tributary streams where areas. amphidromous forms complete they spawn and rear. Some bull trout These marine habitats also serve as spawning, they usually return are migratory, spawning in tributary migration corridors to and from non- downstream to lower mainstem rivers streams where juvenile fish usually rear natal watersheds providing other and marine habitats (Kraemer 1994). from 1 to 4 years before migrating to essential freshwater foraging and Jarbidge River Distinct Population either a larger river (fluvial) or lake overwintering habitat outside of their Segment Distribution (adfluvial) where they spend their adult natal watersheds (Brenkman and Corbett life, returning to the tributary stream to 2003). Subadults typically leave marine Although historical records are spawn (Fraley and Shepard 1989). waters in the fall to overwinter in lacking, bull trout were likely more Resident and migratory forms may be mainstem rivers for a period of time abundant and widely distributed in the found together, and either form can before returning to marine areas to Bruneau and Jarbidge River Basins than produce resident or migratory offspring forage (WDFW 1998). They repeat this they are today because of barriers to fish (Rieman and McIntyre 1993). cycle until maturing at about age 4. passage and past habitat degradation Some bull trout populations, coastal Bull trout migration and life-history (Gilbert and Evermann 1894; Durrant cutthroat trout populations, and some strategies are closely related to their 1935; McNeill et al. 1997). Currently, other species are commonly referred to feeding and foraging strategies. Optimal bull trout occur primarily in the as anadromous, as are Pacific salmon. foraging theory can be used to describe Jarbidge River Basin in both Idaho and Technically, however, unlike Pacific how fish choose between alternative Nevada. The Jarbidge River population salmon, bull trout, coastal cutthroat sources of food by weighing the benefits includes six local populations of trout, and some other species that enter and costs of capturing one possible resident bull trout: the East Fork the marine environment are more choice over another. For example, food Jarbidge River (including the East Fork properly termed amphidromous. Unlike (prey) often occur in concentrated headwaters, Cougar Creek, and Fall strict anadromy, amphidromus patches of abundance (patch model in Creek), West Fork Jarbidge River individuals often return seasonally to Gerking 1994). As the predator feeds, (including Sawmill Creek), Dave Creek, freshwater as subadults, sometimes for the prey population is reduced sooner Jack Creek, Pine Creek, and Slide Creek, several years, before returning to spawn or later, and it becomes more profitable and some remnant fluvial bull trout. (Wilson 1997). For bull trout, the to seek a new patch of prey rather than These populations are considered to be ‘‘amphidromous’’ life history form is continue feeding on the original one, quite low in abundance and at risk of unique to the Coastal-Puget Sound which is why bull trout appear to extirpation (J. Dunham, University of population. wander from one marine site to another. Nevada-Reno, in litt. 1998). In the Coastal-Puget Sound Bull trout appear to be largely Among the many factors that population, amphidromous bull trout opportunistic feeders, and bull trout contributed to the decline of bull trout require access to marine habitat to habitat use can be variable depending in the Jarbidge River Basin, those which complete their life history. For upon foraging opportunities (Montana appear to have been particularly amphidromous bull trout populations, Bull Trout Scientific Group (MBTSG) significant are as follows: (1) Isolation of estuaries and marine nearshore areas 1998). According to optimal foraging the population due to dams and water

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules 35771

diversions that impeded migratory bull Saint Mary-Belly River Distinct believed to be relatively intact. trout movements (Gilbert and Evermann Population Segment Distribution However, abundance of bull trout in 1894; Lay 2000); (2) habitat degradation, The Saint Mary-Belly River U.S. portions of these watersheds has including alterations in water population includes headwaters of the been reduced, and portions of the temperature, water quality, and Saint Mary and Belly River systems in habitat are fragmented from natural sedimentation rates, resulting from past the U.S. These two streams flow north, condition due to manmade structures forest and rangeland management from high-elevation slopes along the such as dams and diversions (Service practices, mining, and roads (McNeill et Rocky Mountain front in north-central 1993). It is considered likely that the al. 1997); and (3) fisheries management, Montana. This population is the only mountains and transitional zones of the particularly fishing pressure and portion of the conterminous U.S. range Saint Mary and Belly Rivers (the U.S. headwaters and upper reaches in potential overharvest, and the of bull trout that is located east of the Canada) were historical strongholds for introduction of competing nonnative Continental Divide. Most of the Saint bull trout in these drainages (Fitch species (Durrant 1935; Nevada Division Mary River and Belly River watersheds 1997). In the lower reaches of the Saint of Wildlife 1961, 1975; Johnson 1990; are located in Alberta, Canada. The Mary and Belly Rivers in Alberta, bull Frederick and Klott 1999). interjurisdictional nature of the Saint trout may have been occasionally Mary River and Belly River watersheds Coastal-Puget Sound Distinct present, though they were not is relatively unique in the bull trout’s Population Segment Distribution commonly distributed in these prairie range and makes international streams (Clayton 1999). Historical The Coastal-Puget Sound population coordination especially critical. Major connectivity for bull trout to migrate includes bull trout residing in the Puget land ownership includes Glacier Sound and Olympic Peninsula regions between the Saint Mary and Belly River National Park and the Blackfeet Nation systems may not have occurred, at least of western Washington. Historical in the United States, and the Province reports for this population demonstrates not for much of the recent post-glaciated of Alberta, Waterton Lakes National period that extends over approximately that bull trout, especially the Park, the Blood Tribe, and various amphidromous form, were once more the past 10,000 years (Costello et al. private entities in Canada. 2003). abundant and more widely distributed The Saint Mary River watershed (Suckley and Cooper 1860; Service occurs in steep, glaciated valleys in Threats to Bull Trout Populations 1913; Norgore and Anderson 1921; King Glacier National Park. It flows The range of the bull trout is likely to County Department of Natural northward through the glaciated troughs have contracted and expanded over time Resources (KCDNR) 2000). Bull trout of two large lakes, Saint Mary Lake and in relation to natural climate changes; still occur in most major watersheds Lower Saint Mary Lake, and then across the distribution of the species probably within the population, but the the northwest corner of the Blackfeet was likely patchy even in pristine distribution and abundance within Reservation before crossing the environments. However, regardless of these watersheds often has been international border into Alberta, uncertainty about the exact historical reduced by human-caused conditions Canada. In addition to the two major range, the number and size of historical (Service 2002, 2004). Bull trout are now lakes, the watershed contains many populations, and the role of natural rarely observed in the Nisqually River smaller high-elevation lakes, three of factors in the status of the species, there and Chehalis River systems, which may which have existing bull trout is widespread agreement in scientific have supported spawning populations populations. There are at least five literature that many factors related to in the past (Service 2002, 2004). In the tributary drainages in the U.S. with human activities have impacted bull Puyallup River system, the important bull trout spawning and trout and continue to pose significant amphidromous life history form rearing habitat. The Saint Mary River, in risks of further extirpations of local currently exists in low numbers, as does Canada, flows northeast through populations (see Fitch 1997; Clayton the migratory form in the South Fork southwest Alberta and enters the 1999; Post and Johnson 2002; Costello et Skokomish River (Service 2002, 2004). Oldman River a few miles upstream al. 2003). In the Saint Mary River In the Elwha River and parts of the from Lethbridge, Alberta. drainage within the United States, the Nooksack River, amphidromous bull The Belly River originates on the east primary threat to bull trout habitat is trout are unable to access historic slope of the Rocky Mountains, in the water diversions in the U.S. and spawning habitat resulting from northernmost portion of Glacier Canada, which can cause entrainment of manmade barriers (Service 2002, 2004). National Park, between the Saint Mary fish, disruption of migratory corridors, The Coastal-Puget Sound region is River drainage to the east and the dewatering of instream habitat, and affected by the same significant factors Waterton River drainage to the west. alteration of stream temperature that contributed to the decline of bull The Belly River flows north for about regimes, and may preclude connectivity trout in the Columbia River and 12.0 mi (19.3 km), entirely within with some local headwater populations, Klamath River Basins (67 FR 71236). glaciated valleys and lakes in Glacier such as in Lee Creek. These include the fragmentation and National Park, before crossing the A second major issue is the lingering isolation of local populations due to international border into Alberta, effect of a half-century of fish dams and diversions, degradation of Canada. In Canada, the Belly River introductions, particularly the spawning and rearing habitat, and flows through mostly prairie foothill widespread stocking and establishment introduction of nonnative fish species. habitat from the international border to of brook trout (Salvelinus fontinalis), In addition to these factors, the confluence of the Oldman River, which may compete with and hybridize amphidromous bull trout distribution some 112 mi (180 km) downstream. with bull trout. Lake trout (Salvelinus and abundance in the Coastal-Puget Only a few miles of the headwaters of namaycush) and northern pike (Esox Sound region is threatened by the the Belly River in the United States lucius), two species with the potential to degradation of mainstem river FMO contain bull trout (Fitch 1997). compete with bull trout, are native in habitat, and the degradation and loss of Within the Saint Mary-Belly River the Saint Mary River drainage. As a marine nearshore foraging and Recovery Unit in the United States, the result, bull trout were probably migration habitat. historical distribution of bull trout is precluded from establishing strong

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 35772 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules

migratory populations in the most Introduced brook trout threaten bull the Wild Swan, Inc. filed a lawsuit in productive lowland lacustrine habitats trout throughout most of their range the U.S. District Court of Oregon in the drainage, such as in Saint Mary through competition, hybridization, and challenging our failure to designate Lakes (Donald and Alger; Service 2002). possibly predation (Leary et al. 1993). critical habitat for bull trout. We entered In addition, much of the potential Brook trout appear to be better adapted into a settlement agreement on January habitat for adfluvial populations of bull to degraded habitat than bull trout, and 14, 2002, in which we agreed to submit trout in headwater lakes was historically brook trout are more tolerant of high for publication in the Federal Register isolated and fishless, due to barriers water temperatures. Hybridization a proposed rule for critical habitat formed by natural waterfalls. Hence, between brook trout and bull trout has designation for the Jarbidge River, bull trout populations in the Saint Mary been reported in Montana, Oregon, Coastal-Puget Sound, and Saint Mary- system seem to have developed a Washington, and Idaho (Leary et al. Belly River populations by October 1, mixture of fluvial and adfluvial 1985). In addition, brook trout mature at 2003, and a final rule by October 1, migratory life history patterns, spending an earlier age and have a higher 2004. A subsequent agreement resulted much of their time in the Saint Mary reproductive rate than bull trout. This in extending the date for finalizing the River and several of its major tributaries. difference appears to favor brook trout proposed rule by June 15, 2004, and Localized habitat impacts occur in some over bull trout when they occur completing a final rule by June 15, 2005. of the watersheds from forestry, together, often leading to the decline or livestock grazing, agriculture, mining, extirpation of bull trout (Leary et al. Critical Habitat and transportation corridors. These 1993; MBTSG 1998). Nonnative lake Critical habitat is defined in section 3 impacts are generally site-specific and trout also negatively affect bull trout. A of the Act as—(i) the specific areas less pervasive than the impacts due to study of 34 lakes in Montana, Alberta, within the geographic area occupied by the diversions (Fitch 1997; Clayton and British Columbia found that lake a species, at the time it is listed in 1999; Service 2002). trout reduce the distribution and accordance with the Act, on which are In the Belly River drainage, the abundance of migratory bull trout in found those physical or biological reasons for decline were similar, though mountain lakes, and concluded that features (I) essential to the conservation they occur mostly in downstream lacustrine populations of bull trout of the species and (II) that may require reaches in Canada. The headwater lakes usually cannot be maintained if lake special management considerations or in Glacier National Park currently trout are introduced (Donald and Alger protection; and (ii) specific areas support mostly populations of 1993). outside the geographic area occupied by nonnative rainbow trout (Oncorhynchus Previous Federal Action a species at the time it is listed, upon mykiss), Yellowstone cutthroat trout a determination that such areas are On November 29, 2002, we published (Oncorhynchus clarki bouvieri), brook essential for the conservation of the the court-ordered proposed critical trout, and kokanee. The habitat in U.S. species. ‘‘Conservation’’ means the use habitat designation for the bull trout portions of the Belly River drainage is of all methods and procedures that are Klamath River and Columbia River mostly intact, as it occurs primarily in necessary to bring an endangered or a populations (67 FR 71235). In that backcountry areas of Glacier National threatened species to the point at which proposed rule, we included a detailed Park. listing under the Act is no longer For populations of bull trout summary of previous Federal actions necessary. throughout their range, the ramifications completed prior to publication of that and effects of isolation and habitat proposal as it related to all bull trout Critical habitat receives protection fragmentation on various aspects of the populations. We now provide under section 7 of the Act through the life cycle of bull trout are highlighted in information on actions as they relate prohibition against destruction or much of the scientific literature on this just to the Jarbidge River, Coastal-Puget adverse modification of critical habitat species. Isolation of populations and Sound, and Saint Mary-Belly River with regard to actions carried out, habitat fragmentation resulting from populations. funded, or authorized by a Federal barriers to migration has negatively On June 10, 1998, we published in the agency. Section 7 requires consultation impacted bull trout in several ways that Federal Register (63 FR 31693) a on Federal actions that are likely to have important implications for the proposed rule to list the Jarbidge River, result in the destruction or adverse conservation of the species. These Coastal-Puget Sound, and Saint Mary- modification of critical habitat. include: (1) Reducing geographical Belly River population segments of bull To be included in a critical habitat distribution (Rieman and McIntyre trout as a threatened species. On August designation, the habitat must first be 1993; MBTSG 1998); (2) increasing the 11, 1998, we published an emergency ‘‘essential to the conservation of the probability of losing individual local rule in the Federal Register (63 FR species.’’ Critical habitat designations populations (Rieman and McIntyre 42757) listing the Jarbidge River identify, to the extent known using the 1993; Rieman et al. 1995; MBTSG 1998; population as endangered. We best scientific and commercial data Dunham and Rieman 1999; Nelson et al. published the final rule listing the available, habitat areas that provide 2002); (3) increasing the probability of Jarbidge River population as threatened essential life cycle needs of the species hybridization with introduced brook on April 8, 1999 (64 FR 17110), and (i.e., areas on which are found the trout (Rieman and McIntyre 1993); (4) listed the Coastal-Puget Sound and primary constituent elements, as reducing the potential for movements Saint Mary-Belly River populations as defined at 50 CFR 424.12(b)). that are necessary to meet threatened on November 1, 1999 (64 FR Occupied habitat may be included in developmental, foraging, and seasonal 58910). At the time of each listing, we critical habitat only if the essential habitat requirements (Rieman and made the finding that critical habitat features thereon may require special McIntyre 1993; MBTSG 1998); and (5) was not determinable for these management or protection. Thus, we do reducing reproductive capability by populations because their habitat needs not include areas where existing eliminating the larger, more fecund were not sufficiently well known (64 FR management is sufficient to conserve migratory form of bull trout from many 58927). the species. (As discussed below, such subpopulations (Rieman and McIntyre On January 26, 2001, the Alliance for areas may also be excluded from critical 1993; MBTSG 1998). the Wild Rockies, Inc. and Friends of habitat pursuant to section 4(b)(2).)

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules 35773

Our regulations state that, ‘‘The individuals and organizations since the reestablishment of secure, self- Secretary shall designate as critical species was listed in 1998. We relied sustaining populations in certain areas habitat areas outside the geographic area heavily on information developed by where the species has apparently, but presently occupied by the species only the Bull Trout Recovery Unit Teams, not necessarily conclusively, been when a designation limited to its which were comprised of Federal, State, extirpated. present range would be inadequate to Tribal, and private industry biologists, In some areas (e.g., areas of Montana ensure the conservation of the species’’ as well as experts from other scientific where bull trout surveys have been (50 CFR 424.12(e)). Accordingly, when disciplines such as hydrology and consistently conducted for a decade or the best available scientific and forestry, resource users, and other more), we feel there is a relatively commercial data do not demonstrate stakeholders with an interest in bull reliable level of information available on that the conservation needs of the trout and the habitats they depend on bull trout distribution. However, given species so require, we will not designate for survival. We reviewed available the limitations of our current knowledge critical habitat in areas outside the information concerning bull trout and the specific life history traits of bull geographic area occupied by the species. habitat use and preferences, habitat trout described above, we feel that in Our Policy on Information Standards conditions, threats, limiting factors, many areas across their range a lack of Under the Endangered Species Act, population demographics, and the bull trout detections to date does not published in the Federal Register on known locations, distribution, and provide definitive evidence of their July 1, 1994 (59 FR 34271) and our U.S. abundances of bull trout. absence in a particular lake, stream, or Fish and Wildlife Service Information During our evaluation of information, river. Accordingly, we considered Quality Guidelines (2002) provide we took into account the relatively low information gathered during the bull criteria, establish procedures, and probability of detection of bull trout in trout recovery planning process, as provide guidance to ensure that our traditional fish sampling and survey supplemented by even more recent decisions represent the best scientific efforts, as well as the limited extent of information developed by State and commercial data available. They such efforts across the range of bull agencies, Tribes, the U.S. Forest Service require our biologists, to the extent trout. Because of their varied life-history (USFS), and other entities, in the consistent with the Act and with the use strategies, nocturnal habits, and low development of our critical habitat of the best scientific and commercial population densities in many areas, the proposal. Data concerning accessibility, data available, to use primary and detectability of bull trout in a given area proximity to known bull trout streams, original sources of information as the is highly variable (Rieman and McIntyre habitat conditions, and status of primary basis for recommendations to designate 1993). Furthermore, much of the current constituent elements were also critical habitat. information on bull trout presence is the considered when available. To address Critical habitat designations do not product of informal surveys or sampling areas where data gaps exist, we also signal that habitat outside the conducted for other species or other solicited expert opinions from designation is unimportant to bull trout. purposes. The primary limitations of knowledgeable fisheries biologists in the Areas outside the critical habitat informal surveys are that they provide local area. designation will continue to be subject no estimate of certainty (i.e., a measure However, because of our desire to to conservation actions that may be of the probability of detection), and they limit any potential regulatory effects of implemented under section 7(a)(1), and may be inadequate for determining a critical habitat designation to those to the regulatory protections afforded by parameters such as the densities and areas where we believe we have the the section 7(a)(2) jeopardy standard distribution of the population. The need greatest set of supporting information, and the section 9 take prohibition, as for a statistically sound bull trout survey we have limited this critical habitat determined on the basis of the best protocol has been addressed only proposal to areas of known occupancy available information at the time of the recently through the development, by that we consider essential to the action. We specifically anticipate that the American Fisheries Society, of a conservation of the species. We federally funded or assisted projects peer-reviewed protocol for determining acknowledge that considerable scientific affecting listed species outside their presence/absence, for juvenile and information exists as to the importance designated critical habitat areas may resident bull trout (Peterson et al. 2002). of other areas to the conservation of the still result in jeopardy findings in some Areas where presence of the species is species where bull trout-specific cases. Similarly, critical habitat undetermined may be essential to the surveys have not been conducted. designations made on the basis of the conservation of the species if they Accordingly, we are specifically seeking best available information at the time of provide connectivity between areas of public comment on areas of habitat for designation will not control the high-quality habitat or access to an which we do not have documented direction and substance of future abundant food base, served as important evidence of occupancy, but which may recovery plans, habitat conservation migration corridors for fluvial or be important to provide additional plans, or other species conservation adfluvial fish, or were identified in the spawning and rearing areas or FMO planning efforts if new information Draft Recovery Plan (Service 2002, habitat for existing bull trout available to these planning efforts calls 2004) as necessary for local population populations. These habitat areas may for a different outcome. expansion or reestablishment in order to contain the primary constituent achieve recovery, so that delisting can elements, in particular an adequate Methods occur. Restoration of reproducing bull forage base, and are accessible to As required by section 4(b)(1)(A) of trout populations to additional portions existing bull trout populations. the Act, we used the best scientific data of their historical range would Additionally, we are seeking available to determine areas essential to significantly reduce the likelihood of information on areas of habitat with the conservation of the bull trout, extinction due to natural or human- evidence of occupancy of which we are including proposing critical habitat, we caused factors that might otherwise unaware. review the overall approaches to the further reduce population size and Specific areas for which we are conservation of the species undertaken distribution. Thus, an integral seeking additional information include: by local, State, and Federal agencies; component of the Draft Recovery Plan the headwater tributaries of the Jarbidge Tribal governments; and private (Service 2002, 2004) is the selective River system; the Bruneau River and its

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 35774 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules

tributaries; tributaries of the Skokomish, regarding habitat that is essential for migratory corridors: food base Dungeness, Hoh, Queets, Quinault, and movement into and out of larger rivers, abundance; and the absence of Chehalis River systems; independent because of the importance of such areas predatory or interbreeding species or tributaries to Hood Canal, Pacific Coast to the fluvial form of bull trout. We species that compete for resources. from Cape Flattery to Willapa Bay, and similarly identified habitat that is Relatively cold water temperatures, Grays Harbor; Sumas River and essential for movement between streams particularly summer water tributaries of the Chilliwack River and lakes by adfluvial forms. temperatures, are characteristic of bull system; tributaries of the Nooksack Migratory corridors also are important trout habitat. Water temperatures above River system, especially those to its for movement between populations (e.g. 59 °Fahrenheit (F) (15 °Celsius (C)) are major forks; tributaries of the Skagit Fraley and Shepard 1989; Rieman and believed to limit their distribution River system; tributaries of Diablo Lake McIntyre 1993; Rieman et al. 1995; (Fraley and Shepard 1989; Rieman and and the Thunder Creek system; Dunham and Rieman 1999). Thus, in McIntyre 1996). Although adults have tributaries of Ross Lake and the addition to considering areas important been observed in large rivers throughout Lightning Creek system; tributaries of for migration within populations, our the Columbia River basin in water the Stillaguamish River system, method also included considering temperatures up to 68 °F (20 °C), Gamett especially those to its major forks; information regarding migration (1999) documented steady and tributaries of the Skykomish River and corridors necessary to allow for genetic substantial declines in abundance in its major forks; and tributaries of the exchange between local populations. stream reaches where water temperature Puyallup River system, especially those Corridors that provide for such ranged from 59 to 69 °F (15 to 20 °C). to the Carbon, West Fork White, upper movements can support eventual Thus, water temperature may partially White, and Greenwater Rivers. If we recolonization of unoccupied areas or explain the generally patchy receive evidence of occupancy of stream otherwise play a significant role in distribution of bull trout in a watershed. segments in any of these areas, we will maintaining genetic diversity and In large rivers, bull trout are often evaluate the appropriateness of metapopulation viability. Because these observed ‘‘dipping’’ into the lower including them in the final critical factors are important in identifying reaches of tributary streams, and it is habitat designation. areas that are essential to the suspected that cooler waters in these Important considerations in selecting conservation of bull trout, our method tributary mouths may provide important areas for critical habitat designation included consideration of the various thermal refugia, allowing them to forage, include factors specific to each river roles that migratory corridors have for migrate, and overwinter in waters that system, such as size (e.g., stream order), bull trout. would otherwise be, at least seasonally, gradient, channel morphology, too warm. Spawning areas often are Primary Constituent Elements connectivity to other aquatic habitats, associated with cold-water springs, and habitat complexity and diversity, as In accordance with section 3(5)(A)(i) groundwater infiltration, and the coldest well as range-wide recovery of the Act and regulations at 50 CFR streams in a given watershed (Pratt considerations. This effort was 424.12, in determining which areas to 1992; Rieman and McIntyre 1993; especially assisted by the recovery designate as critical habitat, we consider Rieman et al. 1997). strategy described in the Draft Recovery those physical and biological features Throughout their lives, bull trout Plan (Service 2002, 2004). We took into (primary constituent elements) that are require complex forms of cover, account that preferred habitat for bull essential to the conservation of the including large woody debris, undercut trout ranges from small headwater species, and that may require special banks, boulders, and pools (Fraley and streams that are used largely for management considerations or Shepard 1989; Watson and Hillman spawning and rearing, to downstream, protection. These features are used for 1997). Juveniles and adults frequently mainstem portions of river networks all listed species and include, but are inhabit side channels, stream margins, that are used for rearing, foraging, not limited to: space for individual and and pools with suitable cover (Sexauer overwintering, and migration. population growth and for normal and James 1997). McPhail and Baxter Our method included consideration of behavior; food, water, or other (1996) reported that newly emerged fry information regarding habitat essential nutritional or physiological are secretive and hide in gravel along to maintaining the migratory life-history requirements; cover or shelter; sites for stream edges and in side channels. They forms of bull trout, in light of the breeding and reproduction; and habitats also reported that juveniles are found repeated emphasis about the importance that are protected from disturbance or mainly in pools but also in riffles and of such habitat in the scientific are representative of the historic and runs that they maintain focal sites near literature (Rieman and McIntyre 1993; geographical and ecological the bottom, and that they are strongly Hard 1995; Healey and Prince 1995; distributions of a species. associated with instream cover, Rieman et al. 1995; MBTSG 1998; The specific biological and physical particularly overhead cover. Bull trout Dunham and Rieman 1999; Nelson et al. features, otherwise referred to as the have been observed overwintering in 2002). As explained previously, habitat primary constituent elements, which deep beaver ponds or pools containing for movement upstream and comprise bull trout habitat are based on large woody debris (Jakober 1995). downstream is important for all life- specific components that provide for the Adult bull trout migrating to spawning history forms for spawning, foraging, essential biological components of the areas have been recorded as staying 2 to growth, access to rearing and species as described below. 4 weeks at the mouths of spawning overwintering areas, or thermal refugia Bull trout have more specific habitat tributaries in deeper holes or near log or (e.g., spring-fed streams in late summer), requirements than most other salmonids cover debris (Fraley and Shepard 1989). avoidance of extreme environmental (Rieman and McIntyre 1993). Habitat The stability of stream channels and conditions, and other normal behavior. components that particularly influence stream flows are important habitat Successful migration requires their distribution and abundance characteristics for bull trout populations biologically, physically, and chemically include water temperature and quality; (Rieman and McIntyre 1993). The side unobstructed routes for movement of cover; channel form and stability; channels, stream margins, and pools individuals. Therefore, our method spawning and rearing substrate with suitable cover for bull trout are included considering information conditions; appropriate hydrograph; sensitive to activities that directly or

VerDate jul<14>2003 22:05 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules 35775

indirectly affect stream channel stability reduce egg survival and emergence the spawning and rearing streams in the and alter natural flow patterns. For (Pratt 1992). Weaver and Fraley (1991) headwaters, they enter a more example, altered stream flow in the fall reported an 80 percent emergence productive lentic environment that may disrupt bull trout during the success rate when no fine material was allows them to achieve rapid growth spawning period, and channel present and less than a 5 percent and energy storage. Typically, juvenile instability may decrease survival of eggs emergence success rate when half of the bull trout are at least 2 years old and 4 and young juveniles in the gravel during incubation gravel was smaller than 0.25 in (100 mm) or longer upon entry to the winter through spring (Fraley and in (0.635 cm). Juveniles are likely to be lake environment. For the next 2 to 4 Shepard 1989; Pratt 1992; Pratt and negatively affected as well. High years they grow rapidly. At a typical age Huston 1993). juvenile densities have been reported in of 5 years or older, when total length Watson and Hillman (1997) areas characterized by a diverse cobble normally exceeds 16 in (400 mm), they concluded that watersheds must have substrate and a low percent of fine reach sexual maturity. The lake specific physical characteristics to sediments (Shepard et al. 1984). environment provides the necessary provide the necessary habitat The stability of stream channels and attributes of food, space, and shelter for requirements for bull trout spawning stream flows are important habitat the subadult fish to prepare for the and rearing, and that the characteristics characteristics for bull trout populations rigors of migratory passage upstream to are not necessarily ubiquitous (Rieman and McIntyre 1993). The side the natal spawning area, a migration throughout the watersheds in which channels, stream margins, and pools that may last as long as 6 months and bull trout occur. The preferred with suitable cover for bull trout are cover distances as much as 155 mi (250 spawning habitat of bull trout consists sensitive to activities that directly or km) upriver. of low-gradient stream reaches with indirectly affect stream channel stability When adfluvial bull trout reach loose, clean gravel (Fraley and Shepard and alter natural flow patterns. For adulthood and complete the spawning 1989). Bull trout typically spawn from example, altered stream flow in the fall migration, mating in the fall in the August to November during periods of may disrupt bull trout during the stream where they originated, they decreasing water temperatures spawning period, and channel usually return downstream to the lake (Swanberg 1997). However, migratory instability may decrease survival of eggs very rapidly. Adult adfluvial bull trout forms are known to begin spawning and young juveniles in the gravel during may live as long as 20 years and can migrations as early as April, and to winter through spring (Fraley and complete multiple migrations between move upstream as much as 155 mi (250 Shepard 1989; Pratt 1992; Pratt and the lake and the spawning stream. In km) to spawning areas (Fraley and Huston 1993). many populations, alternate year Shepard 1989; Swanberg 1997). Fraley The ability to migrate is important to spawning is the normal pattern, and and Shepard (1989) reported that the persistence of local bull trout adult fish may require as much as 20 initiation of spawning by bull trout in (Rieman and McIntyre 1993; Gilpin months in the lake or reservoir habitat the Flathead River system appeared to 1997; Rieman and Clayton 1997; Rieman to facilitate adequate energy storage and be related largely to water temperature, et al. 1997). Bull trout rely on migratory gamete development before they return with spawning initiated when water corridors to move from spawning and to spawn again. temperatures dropped below 48 to 50 °F rearing habitats to foraging and One of the key factors influencing the (9 to 10 °C). Goetz (1989) reported a overwintering habitats and back. distribution and abundance of bull trout temperature range from 39 to 50 °F (4 Migratory bull trout become much larger is the extent to which habitat patches in to 10 °C) (Goetz 1989). Such areas often than resident fish in the more sufficient number and proximity are associated with cold-water springs productive waters of larger streams and provide for the natural reestablishment or groundwater upwelling (Rieman et al. lakes, leading to increased reproductive of local subpopulations. Ratliff and 1997; Baxter et al. 1999). Fraley and potential (McPhail and Baxter 1996). Howell (1992) noted that habitat Shepard (1989) also found that The use of migratory corridors by bull fragmentation and the resulting groundwater influence and proximity to trout also results in increased isolation of populations can exacerbate cover are important factors influencing dispersion, facilitating gene flow among problems facing declining populations, spawning site selection. They reported local populations when individuals including reduced genetic variability that the combination of relatively from different local populations that can lead to inbreeding depression, specific requirements resulted in a interbreed, stray, or return to nonnatal further lowering productivity and restricted spawning distribution in streams. Also, local populations that increasing the risk of extinction. They relation to available stream habitat. have been extirpated by catastrophic described the loss of fluvial and Depending on the water temperature, events may become reestablished as a adfluvial life histories as a major egg incubation is normally 100 to 145 result of movements by bull trout concern for bull trout conservation, days (Pratt 1992). Water temperatures of through migratory corridors (Rieman noting that these larger fish have greater 34.2 to 41.7 °F (1.2 to 5.4 °C) have been and McIntyre 1993; Montana Bull Trout reproductive potential because of their reported for incubation, with an Scientific Group (MBTSG) 1998). increased fecundity and also are less optimum (best embryo survivorship) While stream habitats have received likely to hybridize with the smaller temperature reported to be from 36 to 39 more attention, lakes and reservoirs also brook trout (Salvelinus fontinalis) that °F (2 to 4 °C) (Fraley and Shepard 1989; figure prominently in meeting the life often co-occur in spawning areas. McPhail and Baxter 1996). cycle requirements of bull trout. For Although the loss of a few Juveniles remain in the substrate after adfluvial bull trout populations, lakes populations may have little effect on hatching, such that the time from egg and reservoirs provide an important overall genetic diversity, without deposition to emergence of fry can component of the core foraging, conserving suites of populations and exceed 200 days. During the relatively migrating, and overwintering habitat, their habitats (i.e., core areas and, on a long incubation period in the gravel, and are integral to maintaining the larger scale, recovery units), the loss of bull trout eggs are especially vulnerable adfluvial life history strategy that is phenotypic diversity may be substantial, to fine sediments and water quality commonly exhibited by bull trout. with negative consequences to the degradation (Fraley and Shepard 1989). When juvenile bull trout emigrate viability of the species (Rieman and Increases in fine sediment appear to downstream to a lake or reservoir from McIntyre 1993; Hard 1995; Healey and

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 35776 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules

Prince 1995; MBTSG 1998; Taylor et al. trout are introduced (Donald and Alger rearing, overwintering, and foraging 1999; Nelson et al. 2002). Therefore, the 1993). habitats, including intermittent or maintenance of phenotypic variability The effects of pollutant discharges on seasonal barriers induced by high water and plasticity for adaptive traits (e.g., water quality and bull trout range from temperatures or low flows; variability in body size and form, benign to extreme, depending upon the (7) An abundant food base including foraging efficiency, and timing of type and concentration of material terrestrial organisms of riparian origin, migrations, spawning, and maturation) delivered (MBTSG 1998). NMFS has aquatic macroinvertebrates, and forage is achieved by conserving populations, studied the effects of contaminated fish; their habitats, and opportunities for the sediments on salmon populations and (8) Few or no nonnative predatory, species to take advantage of habitat noted reduced growth and disease interbreeding, or competitive species diversity (Hard 1995; Healey and Prince resistance of juvenile chinook salmon present; and 1995). when exposed to environmentally (9) Permanent water of sufficient The ramifications and effects of relevant levels of compounds like PCBs quantity and quality such that normal isolation and habitat fragmentation on and PAHs (Varanasi et al. 1993a, reproduction, growth and survival are various aspects of the life cycle bull Arkoosh et al. 1991, 1998). Similar not inhibited. trout are highlighted in much of the effects are likely to occur in bull trout. The bull trout critical habitat for the scientific literature on this species. Pursuant to our regulations, we are Jarbidge River, Coastal-Puget Sound, Isolation of populations and habitat required to identify the known physical and Saint Mary-Belly River populations fragmentation resulting from barriers to and biological features, i.e., primary are designed to incorporate what is migration have negatively impacted constituent elements, essential to the essential for their conservation. All affected bull trout in several ways that conservation of bull trout, together with lands identified as essential and have important implications for the a description of any critical habitat that proposed as critical habitat contain one conservation of the species. These is proposed. In identifying the primary or more of the primary constituent include: (1) Reducing geographical constituent elements, we used the best elements for bull trout. distribution (Rieman and McIntyre available scientific and commercial data Special Management Considerations or 1993; MBTSG 1998); (2) increasing the available. The primary constituent Protection probability of losing individual local elements determined essential to the populations (Rieman and McIntyre conservation of bull trout are: As we undertake the process of 1993; Rieman et al. 1995; MBTSG 1998; (1) Water temperatures ranging from designating critical habitat for a species, Dunham and Rieman 1999; Nelson et al. 36 to 59 °F (2 to 15 °C), with adequate we first evaluate lands defined by those 2002); (3) increasing the probability of thermal refugia available for physical and biological features hybridization with introduced brook temperatures at the upper end of this essential to the conservation of the trout (Rieman and McIntyre 1993); (4) range. Specific temperatures within this species for inclusion in the designation reducing the potential for movements range will vary depending on bull trout pursuant to section 3(5)(A) of the Act. that are necessary to meet life history stage and form, geography, Secondly, we then evaluate lands developmental, foraging, and seasonal elevation, diurnal and seasonal defined by those features to assess habitat requirements (Rieman and variation, shade, such as that provided whether they may require special McIntyre 1993; MBTSG 1998); and (5) by riparian habitat, and local management considerations or reducing reproductive capability by groundwater influence; protection. As discussed throughout this eliminating the larger, more fecund (2) Complex stream channels with proposed rule, in the previous proposal migratory form of bull trout from many features such as woody debris, side of critical habitat for the Klamath and subpopulations (Rieman and McIntyre channels, pools, and undercut banks to Columbia River segments of bull trout 1993; MBTSG 1998). provide a variety of depths, velocities, (67 FR 71236, November 29, 2002), in Introduced brook trout threaten bull and instream structures; the draft Recovery Plan for the Klamath, trout through competition, (3) Substrates of sufficient amount, Columbia, and St. Mary-Belly River hybridization, and possibly predation size, and composition to ensure success segments of bull trout, and in the (Leary et al. 1993). Brook trout appear of egg and embryo overwinter survival, various proposed and final listing rules to be better adapted to degraded habitat fry emergence, and young-of-the-year for bull trout (62 FR 32268, June 13, than bull trout, and brook trout are more and juvenile survival. A minimal 1997; 64 FR 17110, April 8, 1999; 63 FR tolerant of high water temperatures. amount of fine substrate less than 0.25 31647, June 10, 1998; 63 FR 31693, June Hybridization between brook trout and in (0.63 cm) in diameter and minimal 10, 1998; and 64 FR 58910, November bull trout has been reported in Montana, substrate embeddedness are 1, 1999), bull trout and its habitat are Oregon, Washington, and Idaho. In characteristic of these conditions; threatened by a multitude of factors. addition, brook trout mature at an (4) A natural hydrograph, including Threats to those features that define earlier age and have a higher peak, high, low, and base flows within essential habitat (primary constituent reproductive rate than bull trout. This historic ranges or, if regulated, a elements) are caused by negative difference appears to favor brook trout hydrograph that demonstrates the changes in water quality, stream over bull trout when they occur ability to support bull trout populations complexity, quality and quantity of together, often leading to the decline or by minimizing daily and day-to-day stream substrate, stream hydrology, extirpation of bull trout (Leary et al. fluctuations and minimizing departures migratory corridors, food sources, and 1993; MBTSG 1998). Nonnative lake from the natural cycle of flow levels non-native competitors and predators. It trout also negatively affect bull trout. A corresponding with seasonal variation; is essential for the survival of this study of 34 lakes in Montana, Alberta, (5) Springs, seeps, groundwater species to protect those features that and British Columbia found that lake sources, and subsurface water define the remaining essential habitat, trout reduce the distribution and connectivity to contribute to water through purchase or special abundance of migratory bull trout in quality and quantity; management plans, from irreversible mountain lakes and concluded that (6) Migratory corridors with minimal threats and habitat conversion. These lacustrine populations of bull trout physical, biological, or water quality impacts can be ameliorated by usually cannot be maintained if lake impediments between spawning, educating landowners and managers

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules 35777

about the location and value of these and young juveniles in the gravel during historical bull trout habitat, and both resources and requesting that they winter through spring (Fraley and legal and illegal introductions of these protect these resources. Shepard 1989; Pratt 1992; Pratt and and other competing species have Threats to the features that define Huston 1993). continued to the present. habitat essential to the conservation of Throughout their lives, bull trout the bull trout should be assessed for require complex forms of cover, Criteria Used To Identify Critical each site. Sites should be protected from including large woody debris, undercut Habitat activities that negatively alter or destroy banks, boulders, and pools (Fraley and The Draft Recovery Plan (Service bull trout aquatic habitat. An Shepard 1989; Watson and Hillman 2002, 2004) identifies the specific appropriate management and 1997). Juveniles and adults frequently recovery needs of the bull trout and monitoring plan should address these inhabit side channels, stream margins, provides guidance for identifying areas threats. As such, we believe that within and pools with suitable cover (Sexauer that warrant critical habitat designation. each area proposed for designation as and James 1997). McPhail and Baxter As described below, the information critical habitat the physical and (1996) reported that newly emerged fry contained in the Draft Recovery Plan biological features essential for the are secretive and hide in gravel along was used as the principal basis for conservation of the bull trout may stream edges, and in side channels. identifying this proposed critical habitat require some level of management and/ They also reported that juveniles are designation. Critical habitat for bull or protection to address the current and found mainly in pools, but also in riffles trout was also delineated using multiple future threats to the bull trout and and runs, that they maintain focal sites sources including State databases of bull habitat essential to its conservation to near the bottom, and that they are trout distribution. ensure the overall recovery of the strongly associated with instream cover, The draft recovery strategy focuses species. particularly overhead cover. Bull trout primarily on the maintenance and, Relatively cold water temperatures are have been observed overwintering in where needed, expansion of existing characteristic of bull trout habitat. Water deep beaver ponds or pools containing local populations by: (1) Protecting temperatures above 15 °Celsius (C) (59 large woody debris (Jakober 1995). sufficient amounts of spawning and °Fahrenheit (F)) are believed to limit Activities that disrupt or reduce stream rearing habitat in upper watershed their distribution (Fraley and Shepard complexity such as channelizing, areas; (2) providing suitable habitat 1989; Rieman and McIntyre 1996). reducing the input of woody debris, or conditions in downstream rivers and Although adults have been observed in removing riparian cover may negatively lakes to provide foraging and large rivers throughout the Columbia affect bull trout. overwintering habitat for fluvial and River basin in water temperatures up to The ability to migrate is important to adfluvial fish; and (3) sustaining (and in 20 °C (68 EF), Gamett (1999) the persistence of local bull trout documented steady and substantial subpopulations (Rieman and McIntyre some cases reestablishing) migratory declines in abundance in stream reaches 1993; Gilpin 1997; Rieman and Clayton corridors by maintaining or restoring where water temperature ranged from 1997; Rieman et al. 1997). Bull trout rely habitat conditions that retain migration 15 to 20 °C (59 to 68 °F). Thus, water on migratory corridors to move from routes. Migratory corridors allow for the temperature may partially explain the spawning and rearing habitats to potential of gene flow between local generally patchy distribution of bull foraging and overwintering habitats and populations, as well as provide trout in a watershed. In large rivers, bull back. Migratory bull trout become much opportunities for the full expression of trout are often observed ‘‘dipping’’ into larger than resident fish in the more migratory life-history forms to ensure the lower reaches of tributary streams, productive waters of larger streams and adaptive resilience (Rieman and and it is suspected that cooler waters in lakes, leading to increased reproductive McIntyre 1993; MBTSG 1998; Morita these tributary mouths may provide potential (McPhail and Baxter 1996). and Yamamoto 2002; Colden Baxter, important thermal refugia, allowing The use of migratory corridors by bull Colorado State University and Christian them to forage, migrate, and overwinter trout also results in increased Torgerson, U.S. Geological Survey, in in waters that would otherwise be, at dispersion, facilitating gene flow among litt. 2003; Philip Howell, USFS, in litt. least seasonally, too warm. Spawning local populations when individuals 2003). areas often are associated with cold- from different local populations Critical habitat units are patterned water springs, groundwater infiltration, interbreed, stray, or return to non-natal after recovery units identified in the and the coldest streams in a given streams. Also, local populations that Draft Recovery Plan (Service 2002, watershed (Pratt 1992; Rieman and have been extirpated by catastrophic 2004) for the Jarbidge River, Coastal- McIntyre 1993; Rieman et al. 1997). events may become reestablished as a Puget Sound, and Saint Mary-Belly Activities that reduce stream flows or result of movements by bull trout River population segments. Using the alter the natural hydrograph may affect through migratory corridors (Rieman guidance from those plans, we stream temperatures (e.g., stream and McIntyre 1993, Montana Bull Trout identified habitat areas needed for the diversions). Scientific Group (MBTSG) 1998). survival and recovery of bull trout. To The stability of stream channels and Activities that preclude the function of be included as critical habitat, an area stream flows are important habitat migratory corridors may affect bull trout had to provide one or more of the characteristics for bull trout populations (e.g., stream blockages). following three functions: (1) Spawning, (Rieman and McIntyre 1993). The side The introduction and spread of rearing, foraging, or overwintering channels, stream margins, and pools nonnative species, particularly brook habitat to support existing bull trout with suitable cover for bull trout are trout (Salvelinus fontinalis) and lake local populations; (2) movement sensitive to activities that directly or trout (Salvelinus namaycush), which corridors necessary for maintaining indirectly affect stream channel stability compete with bull trout for limited migratory life-history forms; and/or (3) and alter natural flow patterns. For resources and, in the case of brook trout, suitable and historically occupied example, altered stream flow in the fall hybridize with bull trout (Ratliff and habitat that is essential for recovering may disrupt bull trout during the Howell 1992; Leary et al. 1993) is existing local populations that have spawning period, and channel another ongoing threat to bull trout. declined, or that is needed to reestablish instability may decrease survival of eggs Both species have been introduced in local populations required for recovery.

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 35778 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules

We also note that some habitat areas Reservation for the Naval Radio Station including the area in critical habitat, that would not be considered essential Jim Creek. We have examined the provided the action of excluding the if they were geographically isolated are, INRMP for the Naval Radio Station Jim area will not result in the extinction of in fact, essential to the conservation of Creek to determine coverage for the bull the species. In our critical habitat the species when situated in locations trout. The INRMP includes measures designations we have used the where they facilitate movement between that attempt to minimize impacts to provisions outlined in sections 4(b)(2) of local populations or otherwise play a riparian areas and strive to prevent the Act to evaluate those specific areas significant role in maintaining entry of herbicides into waterbodies in that are proposed for designation as metapopulation viability (e.g., by the Jim Creek basin during antenna field critical habitat and those areas which providing sources of immigrants to vegetation management. Additionally, are subsequently finalized (i.e., recolonize adjacent habitat patches the riparian areas that border the reach designated). following periodic extirpation events) of Jim Creek within the Naval Relationship to Habitat Conservation (Dunham and Rieman 1999). In Reservation and identified as essential Plans addition, populations on the periphery habitat are managed primarily for of the species’ range, or in atypical riparian protection and wildlife. Based As described above, section 4(b)(2) of environments, are important for on the beneficial measures for the bull the Act requires us to consider other maintaining the genetic diversity of the trout contained in the INRMP for Naval relevant impacts, in addition to species and could prove essential to the Radio Station Jim Creek, we have not economic and national security impacts, ability of the species to adapt to rapidly included this area in the proposed when designating critical habitat. changing climatic and environmental designation of critical habitat for bull Section 10(a)(1)(B) of the Act authorizes conditions (Leary et al. 1993; Hard trout pursuant section 4(a)(3) of the Act. us to issue to non-Federal entities a 1995). We will continue to work cooperatively permit for the incidental take of with the Department of the Navy to endangered and threatened species. Relationship to Section 4(a)(3) of the assist the Naval Radio Station Jim Creek This permit allows a non-Federal Act in implementing and refining the landowner to proceed with an activity The Sikes Act Improvement Act of programmatic recommendations that is legal in all other respects, but 1997 (Sikes Act) (16 U.S.C. 670a) contained in this plan that provide that results in the incidental taking of a required each military installation that benefits to the bull trout. The non- listed species (i.e., take that is incidental includes land and water suitable for the inclusion of Naval Radio Station Jim to, and not the purpose of, the carrying conservation and management of Creek demonstrates the important out of an otherwise lawful activity). The natural resources to complete, by contributions approved INRMPs have to Act specifies that an application for an November 17, 2001, an Integrated conservation of the species. As with incidental take permit must be Natural Resource Management Plan HCP exclusions, a related benefit of accompanied by a conservation plan, (INRMP). An INRMP integrates excluding Department of Defense lands and specifies the content of such a plan. implementation of the military mission with approved INRMPs is that it would The purpose of such a habitat of the installation with stewardship of encourage continued development of conservation plan, or HCP, is to describe the natural resources found there. Each partnerships with other stakeholders, and ensure that the effects of the INRMP includes an assessment of the including States, local governments, permitted action on covered species are ecological needs on the installation, conservation organizations, and private adequately minimized and mitigated including the need to provide for the landowners to develop adequate and that the action does not appreciably conservation of listed species; a management plans that conserve and reduce the survival and recovery of the statement of goals and priorities; a protect bull trout habitat. species. detailed description of management The vast majority of land within the actions to be implemented to provide Relationship to Section 4(b)(2) of the Saint Mary-Belly River population of for these ecological needs; and a Act bull trout is either managed by the monitoring and adaptive management Section 4(b)(2) of the Act states that National Park Service in Glacier plan. We consult with the military on critical habitat shall be designated, and National Park or is tribal land managed the development and implementation of revised, on the basis of the best by the Blackfeet Nation. The majority of INRMPs for installations with listed available scientific data after taking into land within the Jarbidge River species. consideration the economic impact, the population of bull trout is Federal. Section 318 of fiscal year 2004 the impact to national security, and any There are no existing or proposed HCPs National Defense Authorization Act other relevant impact, of specifying any that cover the Saint Mary-Belly River or (Pub. L. 108–136) amended section 3 of particular area as critical habitat. An Jarbidge River populations of bull trout. the Endangered Species Act. This area may be excluded from critical Within the range of the Coastal-Puget provision prohibits us from designating habitat if it is determined, following an Sound population of bull trout, there are as critical habitat any lands or other analysis, that the benefits of such six HCPs that include bull trout as a geographical areas owned or controlled exclusion outweigh the benefits of covered species. Four of these by the Department of Defense, or specifying a particular area as critical encompass stream segments and lakes designated for its use, that are subject to habitat, unless the failure to designate identified as proposed critical habitat; an INRMP prepared under section 101 such area as critical habitat will result these HCPs are from the Washington of the Sikes Act (16 U.S.C. 670a), if we in the extinction of the species. Department of Natural Resources determine in writing that such plan Consequently, we may exclude an area (WDNR), City of Seattle, Tacoma Water, provides a benefit to the species for from designated critical habitat based on and Simpson Timber Company. The which critical habitat is proposed for economic impacts, national security, or WDNR and Simpson Timber HCPs have designation. other relevant impacts such as been developed, in part, to provide for We identified habitat essential for the preservation of conservation the conservation needs of bull trout conservation of the bull trout within the partnerships, if we determine the while also allowing for otherwise lawful Jim Creek drainage, which is partially benefits of excluding an area from timber management activities. The encompassed within the Naval critical habitat outweigh the benefits of Tacoma Water and City of Seattle Cedar

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules 35779

River Watershed HCPs have been the Services to ensure that the lands the plan boundaries, habitat issues developed, in part, to provide for the will be managed consistent with the within the plan boundaries have been conservation needs of bull trout while goals and objectives of the HCP; and (3) thoroughly addressed in the HCP and also allowing for water management and allow for the sale of parcels not in the consultation on the permit watershed restoration and protection excess of 160 ac (65 ha). However, associated with the HCP. Our activities. The duration of the permits Tacoma Water is more likely to acquire experience is that, under most associated with these HCPs ranges from land for the purpose of protecting the circumstances, consultations under the 50 to 100 years. The permittees have the public water supply, rather than sell jeopardy standard will reach the same option, however, of terminating at any lands. result as consultations under the time if they so choose, with a 60-day The Simpson Timber Company HCP adverse modification standard. Common notice to the Service. Moreover, some covers approximately 287,000 ac to both approaches is an appreciable permittees may retain their permits but (116,145 ha), all within the range of the detrimental effect on both survival and sell some of their lands covered by an Coastal-Puget Sound population. recovery of a listed species, in the case HCP. All of these HCPs contain a Provisions in the HCP allow for sale or of critical habitat by reducing the value provision that allow buyers of lands exchange of lands with the following of the habitat so designated. Thus, covered by the HCP to assume the provisions: (1) Sale or exchange does actions satisfying the standard for permit if they so desire. not involve a Core Area (as defined in adverse modification are nearly always The WDNR lands are maintained the HCP) and the total acreage of all found to also jeopardize the species primarily for the purpose of growing lands sold or exchanged will not exceed concerned, and the existence of a and selling timber to finance State 39,200 ac (15,864 ha); or (2) the lands critical habitat designation does not government, and the management of are transferred to a Comparable materially affect the outcome of these lands also can include purchases, Transferee, such as an agency of the consultation. Therefore, additional sales, and land exchanges. The WDNR Federal Government; or (3) the HCP and measures to protect the habitat from HCP does not include incentives for Incidental Take Permit are modified to adverse modification above those placing conservation easements on some delete such land in accordance with the addressing actions that may jeopardize of the land that WDNR sells. The HCP modification procedures as described in the species are not likely to be required. allows WDNR to dispose of permit lands the Incidental Take Permit. As noted above, lands within these We evaluated lands covered by these at its sole discretion. However, if the HCPs are subject to disposal (e.g., existing HCPs to determine whether cumulative impact of disposed lands through sale or exchange), subject to would have a significant adverse effect they are: (1) Occupied by bull trout and various sideboards included in each on the covered species, the parties to the essential to the conservation of the HCP. In already approved HCPs, we HCP are required to mutually amend the species; (2) in need of special have provided assurances to permit HCP to provide replacement mitigation. management considerations or The City of Seattle Cedar River protection; and (3) currently not known holders that once the protection and Watershed HCP includes provisions to be occupied but essential to the management required under the plans that: (1) Allow for the sale or exchange conservation of the species. We are in place, and for as long as the of parcels not in excess of 640 ac (259 evaluated each HCP to determine permit holders are fulfilling their ha) to any party as long as the whether it: (1) Provides a conservation obligations under the plans, no cumulative total of all such transactions benefit to the species; (2) provides additional mitigation in the form of land does not exceed 1,920 ac (777 ha) per assurances that the management plan or financial compensation will be township, or a total of 6,338 ac (2,565 will be implemented; and (3) provides required of the permit holders and in ha); and (2) allow lands in all other assurances the plan will be effective. some cases, specified third parties. circumstances to be sold or exchanged Approved and permitted HCPs are The benefits of including HCP lands if parties negotiate conditions on the designed to ensure the long-term in critical habitat are normally small. property transferred, or alternative survival of covered species within the The principal benefit of any designated mitigation which will not compromise plan area. Where we have an approved critical habitat is that Federal require the effectiveness of the HCP. However, HCP, the areas we ordinarily would consultation under section 7 of the Act. to maintain protection of the public designate as critical habitat for the Such consultation would ensure that water supply, the City of Seattle is covered species will normally be adequate protection is provided to avoid unlikely to sell or exchange lands. protected through the terms of the HCPs adverse modification of critical habitat. The Tacoma Water HCP addresses and their implementation agreements. However, if there is no Federal nexus, reservoir operations and forest These HCPs and implementation no consultation is required. Where management activities associated with agreements include management HCPs are in place, our experience the management of the upper Green measures and protections that are indicates that the benefit of designation River watershed and associated water crafted to protect, restore, and enhance is small or non-existent. Further, HCPs supply. Although the operational effects their value as habitat for covered typically provide for greater to bull trout in the downstream reaches species. conservation benefits to a covered of the Green River are covered under The issuance of a permit (under species than section 7 consultations this HCP, Tacoma Water does not section 10(a) of the Act) in association because HCPs assure the long-term possess management authority over with an HCP application is subject to protection and management of a covered other habitat-altering activities that may consultation under section 7(a)(2) of the species and its habitat. Such assurances occur along these lower reaches. Act. While these consultations on are typically not provided by section 7 The Tacoma Water HCP includes permit issuance have not specifically consultations which, in contrast to provisions that: (1) Generally allow for addressed the issue of destruction or HCPs, often do not commit the project the sale or exchange of lands to an adverse modification of critical habitat proponent to long-term special agency of the Federal Government; (2) for bull trout, they have addressed the management or protections. In addition, allow for the sale or exchange of any very similar concept of jeopardy to bull HCP conservation protections cover all lands to a non-Federal entity that has trout in the plan area. Since these large lands rather than just those lands where entered into an agreement acceptable to regional HCPs address land use within there is a Federal nexus.

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 35780 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules

The development and implementation in areas covered by approved HCPs. We specifically addressed the needs of bull of HCPs provide other important also believe that the benefits of trout and bull trout habitat in the conservation benefits, including the excluding HCPs from designation are following ways. Riparian buffers on development of biological information significant. Weighing the small benefits fishbearing streams were designed to to guide conservation efforts and assist of inclusion against the benefits of recruit the majority of the large wood in species recovery and the creation of exclusion, including the benefits of which potentially could be recruited innovative solutions to conserve species relieving property owners of costs and from these riparian areas. Because while allowing for commercial activity. delays related to regulations, together addressing the recruitment of large The educational benefits of critical with the encouragement of conservation wood requires buffer widths greater habitat, including informing the public partnerships, we have excluded the than that needed to address many other of areas that are important for the long- WDNR, City of Seattle Cedar River riparian functions, these buffers also term survival and conservation of the Watershed, Tacoma Water, and Simpson address the riparian functions of bank species, are essentially the same as Timber Company HCPs from this stability, shade, nutrient input, and those that would occur from the public proposed critical habitat pursuant to sediment filtering. Riparian buffers on notice and comment procedures section 4(b)(2) of the Act. fishbearing streams likely account for required to establish an HCP, as well as In the event that future HCPs covering half of the wood delivered to such the public participation that occurs in bull trout are developed within the streams. The remainder of large wood in the development of many regional boundaries of designated critical these streams depends on episodic and HCPs. Also, the HCP development habitat, we will work with applicants to catastrophic events for transport from process provides an opportunity for ensure that the HCPs provide for upstream and upslope areas. These more intensive data collection and protection and management of habitat ‘‘upstream’’ wood-recruitment analysis regarding the use of particular areas essential for the conservation of mechanisms are not well understood. habitat used by a species, and the the bull trout by either directing Riparian buffers for streams above adaptive management provisions development and habitat modification fishbearing streams include a buffer at provide for ongoing data collection and to nonessential areas, or appropriately the confluence with fishbearing streams analysis. The process enables us to modifying activities within essential to address temperature concerns as well understand the importance of such habitat areas so that such activities will as provide a run-out zone for events lands to the long-term survival of the not adversely modify the primary such as landslides and channelized species in the context of constructing a constituent elements. Furthermore, we debris flows. Above those areas, buffers biologically configured system of will complete intra-Service consultation under FFR rules need not be interlinked habitat areas. For these on our issuances of section 10(a)(1)(B) continuous, but are designed to reasons, then, we believe that permits for these HCPs to ensure permit maintain stream temperatures within designation of critical habitat normally issuance will not destroy or adversely normal parameters and will be placed has little benefit in areas covered by modify critical habitat. If an HCP that along sensitive reaches and sites. Slope HCPs. addresses the bull trout as a covered stability and the ability to harvest The benefits of excluding HCPs from species is ultimately approved, we may timber and construct roads on ‘‘at-risk’’ being designated as critical habitat reassess the critical habitat boundaries or unstable slopes are also addressed include relieving landowners, in light of the HCP. through these rules. communities and counties of additional Road construction and maintenance is Relationship to the Washington State regulatory costs and delays that result a large part of these regulations, Forest Practices Rules and Regulations, from such a designation. Many HCPs, requiring corrective measures to address as Amended by the Forest and Fish Law particularly large regional HCPs, take existing problem areas. These rules are many years to develop and, upon A collaborative effort (known as the designed to ensure stream connectivity completion, become regional Forest and Fish Report or FFR) to through road crossings, shunting of conservation plans that are consistent address the needs of listed salmonids, road-generated sediment away from with the recovery of covered species. and avoid conflicts between State aquatic resources, and integrity of road Imposing an additional regulatory regulations and the Act, was initiated by infrastructure. It mandates a process of review after HCP completion would members of six caucuses: Federal identification of problem areas and stifle conservation efforts and agencies, State agencies, Native correction of those road segments partnerships in many areas and would American Tribes, non-industrial forest within specified timeframes. be viewed as a disincentive to those landowners, environmental We assessed FFR with respect to the developing HCPs. organizations, and the timber industry. primary constituent elements for bull The benefits to the landowner In April of 1999, FFR reached a point trout critical habitat. Forest practices community of excluding HCPs where complete agreement by all parties conducted consistent with the FFR are encourage the continued development was unlikely. The environmental expected to maintain a high-level of of partnerships with participants, organizations and some of the Native water quality. In addition, the FFR is including States, local governments, American Tribes did not support the expected to maintain the thermal regime conservation organizations, and private final version of the report. FFR was of streams within the range of normal landowners, that together can adopted by the legislature, thereby variation, and contribute to the implement conservation actions we amending the Revised Code of maintenance of complex stream would be unable to accomplish solely Washington with respect to the channels, appropriate substrates, a through regulatory control. By Washington Forest Practices Act (RCW natural hydrograph, ground-water excluding areas covered by HCPs from 76.09), as well as the Washington sources and subsurface connectivity, critical habitat designation, we preserve Administrative Code with respect to the migratory corridors, and an abundant these partnerships, encourage continued Washington Forest Practices Rules food base. We do not expect forest development of HCPs, and set the stage (WAC 222). practices to introduce or favor for more effective species conservation. This collaborative effort addressed the nonnative competitors or predators. In general, we believe the benefits of needs of salmonids, other fish, and These rules apply to non-industrial critical habitat designation to be small stream-associated amphibians, and forest landowners, family-held and

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules 35781

publicly-held industrial timber operators. Effectiveness is ensured Tribal lands; portions of the Elwha corporations, and some State lands. through a cooperative adaptive- River and the Strait of Juan de Fuca State lands managed by the WDNR west management process that includes nearshore within or adjacent to the of the Cascade Crest are not subject to collection of basic information regarding Lower Elwha S’Klallam Indian FFR as they are managed under their the covered species and their habitats, Reservation; portions of the Hoh River 1997 HCP with respect to bull trout. research, effectiveness monitoring, and and Pacific Coast nearshore within or However, some provisions of FFR, such regulatory feedback. adjacent to the Hoh Indian Reservation; as road management and slope stability, For these reasons, we believe that FFR portions or all of the Quinault River, will be voluntarily applied by WDNR on provides substantial protection and Lake Quinault, Pacific Coast nearshore, those west-side lands. These rules do restoration for bull trout and bull trout Raft River, Queets River, Salmon River, apply to WDNR lands east of the habitat, and therefore, these areas do not Moclips River, Cook Creek, Elk within Cascade Crest and non-HCP private meet the definition of critical habitat as or adjacent to the Quinault Indian lands statewide, regardless of the they do not require special management Reservation; and a portion of the presence of bull trout or salmon. consideration or protection. However, Chehalis River within or adjacent to the Therefore, FFR includes benefits for we also assessed the FFR area for Chehalis Indian Reservation. many species in areas with no listed exclusion pursuant to section 4(b)(2), Quinalt Indian Reservation species. The FFR rules continue to and are proposing to exclude to exclude apply so long as harvested land will be it under section 4(b)(2). The Quinault Indian Nation and the Bureau of Indian Affairs (BIA) recently replanted and remain in forestry. Relationship to Tribal Lands Individual counties generally developed a forest management plan administer timber harvests associated None of the Jarbidge River population (FMP) for the entire Quinault Indian with conversion of forested lands to is under Tribal jurisdiction. We Reservation. The FMP covers all agriculture or development, and all evaluated Tribal lands in Montana to forestland (about 173,000 acres) under counties are expected to administer determine if they are essential to the tribal and BIA timber management, conversion harvests consistent with FFR conservation of the species. None of the including individually Indian owned by the year 2005. Belly River headwaters is under Tribal trust and tribally owned land. Included These State Forest Practices Rules jurisdiction. We have proposed critical in the area of the FMP are the lower allow for the development of alternate habitat for portions of the Saint Mary Quinault River, the tributaries of the plans. It is anticipated that non- River, the headwaters of Lee Creek, the lower Quinault River, the lower Queets industrial forest landowners will seek lower reaches of Otatso Creek, Kennedy River, the Salmon River (including the alternate plans for several inter-related Creek, Boulder Creek, Swiftcurrent Middle and South Fork Salmon Rivers), reasons: (1) Much of the non-industrial Creek, and Divide Creek, and in Lower portions of the Raft River, and portions lands are located at lower elevations Saint Mary Lake on the Blackfeet of the Moclips River. The FMP is a 10- where a disproportionate amount of the Reservation. A total of approximately year plan covering the period from streams contain fish; (2) streams are 41.9 mi (67.4 km) of stream segments October 2002 through September 2012. lower gradient and can be addressed and approximately 2,189 ac (886 ha) of The FMP is being implemented by the with different buffering scenarios that lakes on Tribal lands are included in Quinault Department of Natural provide equal or better protection while our proposed critical habitat Resources and the BIA Taholah Field allowing additional management designation. Office. Many types of projects could flexibility; and (3) many non-industrial Within the Coastal-Puget Sound occur under the FMP. These include forest landowners do not have population, we have proposed critical timber harvest, road construction, fuels additional lands in their portfolio which habitat for portions of the Nooksack management, mineral pit management, can be used to offset the economic effect River and Puget Sound nearshore cedar salvage, and adaptive to them from reserve areas covering high adjacent to the Lummi Indian management and monitoring plan percentages of their ownerships. All Reservation; portion of the Nooksack development and use. alternate plans, whether developed in River adjacent to the Nooksack Indian In 2003, we completed the bull trout conjunction with an HCP or not, will be Reservation; Swinomish Channel and consultation on the FMP (minus the evaluated for the level of protection portions of Puget Sound nearshore North Boundary Area) and rendered a provided to the aquatic resources within or adjacent to the Swinomish no jeopardy biological opinion on the including bull trout. Alternate plans Indian Reservation; portion of the Sauk Plan (USDI 2003). Although the upper will be required to provide equal or River adjacent to the Sauk-Suiattle Quinault Reservation (North Boundary better protection for these resources. If Indian Reservation; portions of the Area) was not included as part of the this can be accomplished on some lands Snohomish River, and Puget Sound biological opinion, provisions of the and waters in a more-economical nearshore within or adjacent to the FMP will apply to the North Boundary fashion, we expect landowners will Tulalip Indian Reservation; portions of Area. Consultation on timber attempt to avail themselves of these the White River within or adjacent to management of the North Boundary options. the Muckleshoot Indian Reservation; Area occurred separately and also We assessed the adequacy of FFR as portions of the Puyallup River and concluded with a no jeopardy biological a plan to determine whether lands Puget Sound nearshore within or opinion for bull trout (USDI 2000). Both covered by it were in need of the special adjacent to the Puyallup Indian biological opinions contain reasonable management or protection that would Reservation; portions of the Nisqually and prudent measures, with their require a designation. For the reasons River within or adjacent to the implementing terms and conditions, discussed above, bull trout will benefit Nisqually Indian Reservation; portions which are designed to minimize impacts from the implementation of FFR. FFR of the Skokomish River, Nalley Slough, to bull trout that might otherwise result has already been adopted by the Skobob Creek, and Hood Canal from the FMP. legislature and has been implemented nearshore within or adjacent to the Based on our analysis of the FMP and for several years. Forest Practice Rules Skokomish Indian Reservation; portions the North Boundary Area, as described are monitored by the WDNR to ensure of the Dungeness River within or in the two biological opinions, we have compliance by landowners and adjacent to the Jamestown S’Klallam determined that forest management on

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 35782 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules

Quinault Reservation lands, with the of excluding the area covered by the by the U.S. Army Corps of Engineers terms and conditions from the biological Quinalt FMP are greater. Therefore, we (Corps) in 33 CFR 329.11, shall be used opinions, provides a sufficient level of are proposing to exclude areas covered to determine the lateral extent of critical protection and certainty of by the Quinalt FMP from the habitat. Adjacent floodplains are not implementation such that additional designation of final critical habitat for designated as critical habitat. However, special management consideration or the bull trout. it should be recognized that the quality protection is not required. Therefore, we Proposed Critical Habitat Designation of aquatic habitat within stream are proposing to exclude 161 km (100 channels is intrinsically related to the mi) of streams within the reservation Within the geographical areas character of the floodplains and from the final designation of critical presently known to be occupied by the associated riparian zones, and human habitat for the bull trout pursuant to Jarbidge River, Coastal-Puget Sound, activities that occur outside the river section 4(b)(2) of the Act. We are and Saint Mary-Belly River populations, channels can have demonstrable effects proposing to exclude all or portions of we are proposing to designate only areas on physical and biological features of the following streams: Quinault River, currently known to be essential to the the aquatic environment. In addition, Pacific Coast nearshore, Raft River, conservation of bull trout. These areas human activities that occur within or Queets River, Salmon River, Harlow already contain features and habitat adjacent to streams or stream reaches Creek, Moclips River, North Fork characteristics that are necessary to that flow into critical habitat can also Moclips River, Mounts Creek, Joe Creek, sustain the species. We are designating have demonstrable effects on physical Cook Creek, Elk Creek, Red Creek, areas that currently have one or more of and biological features of designated (lower) Boulder Creek, Ten O’Clock the primary constituent elements that reaches. The lateral extent of lakes and Creek, Prairie Creek, McCalla Creek, and provide essential life-cycle requisites of reservoirs is defined by the perimeter of (upper) Boulder Creek. In some cases, a the species, as defined at 50 CFR the water body as mapped on standard stream segment proposed for exclusion 424.12(b). Moreover, certain areas with 1:24,000 scale maps (comparable to the has non-Tribal land ownership on one known occurrences of bull trout have scale of a 7.5 minute U.S. Geological shore and, therefore, that segment of not been designated as critical habitat. Survey Quadrangle topographic map). A shore would not be managed as part of We did not designate critical habitat for brief discussion of each area designated the Quinault FMP. However, for the some occurrences or habitats that are in as critical habitat is provided in the unit above identified streams, except the Raft highly fragmented areas or no longer descriptions below. Additional detailed River, the majority of ownership is on have hydrologic conditions that are documentation concerning the essential sufficient to maintain bull trout habitat. Quinault reservation lands and is nature of these areas is contained in our We do not believe, based on the best covered in the FMP; therefore we are supporting record for this rulemaking. proposing to exclude these streams from available scientific information, that The inshore extent of critical habitat critical habitat for the bull trout. For the these areas are essential to the for marine nearshore areas is the mean Raft River, where the majority of conservation of the species. higher high-water (MHHW) line, ownership is non-Tribal, we will be The proposed critical habitat areas including tidally influenced freshwater excluding only those segments of the described below constitute our best Raft River that have Tribal ownership assessment at this time of the stream heads of estuaries. This refers to the on both shores. On Lake Quinault only reaches and lakes that are essential to average of all the higher high-water a small segment of the shoreline is the conservation of the Jarbidge River, heights of the two daily tidal levels. covered by the FMP, and we are Coastal-Puget Sound, and Saint Mary- Adjacent shoreline riparian areas, bluffs, including Lake Quinault in our Belly River bull trout populations. We and uplands are not proposed as critical proposed designation of critical habitat. are designating approximately 131 mi habitat. However, it should be The benefits of including Quinault (211 km) of streams in Idaho and recognized that the quality of marine reservation lands, with their approved Nevada for the Jarbidge River habitat along shorelines is intrinsically FMP that provides measures to help population, and 2,290 mi (3,685 km) of related to the character of these adjacent protect the needs of bull trout, as critical streams, 52,540 ac (21,262 ha) of lakes, features, and human activities that habitat are small. The principal benefit and 985 mi (1,585 km) of marine occur outside of the MHHW can have of any designated critical habitat is that shoreline in Washington for the Coastal- major effects on physical and biological activities that may affect such habitat Puget Sound population. For the Saint features of the marine environment. The require consultation under section 7 of Mary-Belly River population, the critical offshore extent of critical habitat for the Act if such action involves a Federal habitat designation totals approximately marine nearshore areas is based on the nexus. Where an approved management 88 mi (142 km) of streams and 6,295 ac extent of the photic zone, which is the plan is in place, our experience (2,548 ha) of lakes in Montana. layer of water in which organisms are indicates that this benefit is small or The lateral extent of critical habitat, exposed to light. Proposed critical non-existent. for each designated stream reach, is the habitat extends offshore to the depth of The benefits of excluding Tribal lands width of the stream channel as defined 33 feet (ft) (10 meters (m)) relative to having approved resource management by its bankfull elevation. Bankfull mean lower low water (MLLW; average plans from being designated as critical elevation is the level at which water of all the lower low-water heights of the habitat include relieving the Tribe from begins to leave the channel and move two daily tidal levels). This equates to additional regulatory review and costs into the floodplain (Rosgen 1996) and is the average depth of the photic zone, that result from such designation and reached at a discharge which generally and is consistent with the offshore promoting the conservation efforts and has a recurrence interval of 1 to 2 years extent of the nearshore habitat partnerships and encourage Tribes to on the annual flood series (Leopold et identified under the Puget Sound develop species and habitat al. 1992). Critical habitat extends from Nearshore Ecosystem Restoration management plans. In general, we the bankfull elevation on one side of the Project (Corps and WDFW 2001). This believe the benefits of critical habitat stream channel to the bankfull elevation area between MHHW and minus 10 designation in areas covered by on the opposite side. If bankfull MLLW is considered the habitat most approved Tribal resource managements elevation is not evident on either bank, consistently used by bull trout in would be small while that the benefits the ordinary high-water line, as defined marine waters based on known use,

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00016 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules 35783

forage fish availability, and ongoing essential foraging habitat and migration to proposed critical habitat in aquatic migration studies (Kramer 1994; corridors such as estuaries, bays, inlets, areas are shown for the Jarbidge River Frederick Goetz, Corps, in litt. 2003), shallow subtidal areas, and intertidal population in Table 1, in Table 2 for the and captures geological and ecological flats. Coastal-Puget Sound population, and in processes important to maintaining The types and approximate Table 3 for the Saint Mary-Belly River these habitats. This area contains percentages of land ownership adjacent population.

TABLE 1.—APPROXIMATE LINEAR QUANTITY OF PROPOSED CRITICAL HABITAT OF STREAMS (MILES (MI) (KILOMETERS (KM)), AND ADJACENT LAND OWNERSHIP PERCENTAGES FOR THE JARBIDGE RIVER POPULATION.

Federal Tribal State Private State Streams (percent) (percent) (percent) (percent)

Nevada ...... 93 mi (150 km) ...... 91.7 0 0 8.3 Idaho ...... 38 mi (61.6 km) ...... 92.4 0 6.1 1.5

Total ...... 131 mi (211 km) ...... 92 0 3 5

TABLE 2.—APPROXIMATE LINEAR QUANTITY OF PROPOSED CRITICAL HABITAT OF STREAMS (MILES (MI) (KILOMETERS (KM)), ADJACENT SHORELINE (MI (KM)), AND SURFACE AREA OF LAKES (ACRES (AC) (HECTARES (HA)), AND ADJA- CENT LAND OWNERSHIP PERCENTAGES FOR THE COASTAL-PUGET SOUND RIVER POPULATION BY CRITICAL HABITAT SUBUNITS (CHSU) IN WASHINGTON, INCLUDING SUBTOTALS FOR UNIT 27: OLYMPIC PENINSULAR RIVER BASINS, AND UNIT 28: PUGET SOUND

Marine shoreline Streams Lakes Federal Tribal State Private CHSU (mi) (mi) (ac) (percent) (percent) (percent) (percent)

Skokomish ...... 0 ...... 60 mi (96.5 km) .... 4,007 ac 1,622 ( 54 3 4 39 ha). Dungeness ...... 0 ...... 30 mi (48 km) ...... 0 ...... 59 <1 7 33 Elwha ...... 0 ...... 55 mi (88.5 km) .... 746 ac (302 ha) .... 84 <2 6 8 Hoh ...... 0 ...... 89 mi (143 km) ..... 0 ...... 41 <1 14 45 Queets ...... 0 ...... 139 mi (224 km) ... 0 ...... 56 14 18 11 Quinault ...... 0 ...... 91 mi (146 km) ..... 3,565 ac (1,443 60 40 0 0 ha). Hood Canal ...... 106 mi (170.5 km) 0 ...... 0 ...... 0 6 8 86 Strait of Juan de 130 mi (209 km) ... 20 mi (32 km) ...... 0 ...... 9 0 6 84 Fuca. Pacific Coast ...... 94 mi (151 km) ..... 64 mi (103 km) ..... 0 ...... 10 <1 8 82 Chehalis ...... 89 mi ...... 216 mi ...... 0 ...... 3 0 1 96 River/Grays Harbor (143 km) ...... (347.5 km). Subtotal: Unit 419 mi (674 km) ... 764 mi (1,229 km) 8,318 ac (3,366 38 7 7 48 27. ha). Chilliwack ...... 0 ...... 29 mi (47 km) ...... 0 ...... 65 0 0 35 Nooksack ...... 0 ...... 187 mi (301 km) ... 0 ...... 18 1 11 69 Lower Skagit ...... 0 ...... 414 mi (666 km) ... 7,024 ac (2,842 47 0 5 48 ha). Upper Skagit ...... 0 ...... 84 mi (135 km) ..... 12,276 ac (4,968 86 0 0 14 ha). Stillaguamish ...... 0 ...... 181 mi (291 km) ... 0 ...... 23 0 10 66 Snohomish/ 0 ...... 254 mi (409 km) ... 0 ...... 20 1 7 72 Skykomish. Chester Lake ...... 0 ...... 16 mi (26 km) ...... 1,971 ac (798 ha) 0 0 0 100 Puyallup ...... 0 ...... 235 mi (378 km) ... 0 ...... 33 4 2 61 Samish ...... 0 ...... 24 mi (39 km) ...... 0 ...... 0 0 0 100 Lake Washington ... 0 ...... 0 ...... 22,951 ac (9,288 1 0 3 96 ha). Lower Green ...... 0 ...... 62 mi (100 km) ..... 0 ...... 0 0 18 82 Lower Nisqually ..... 0 ...... 40 mi (64 km) ...... 0 ...... 33 13 0 54 Puget Sound Ma- 566 mi (911 km) ... 0 ...... 0 ...... 3 15 6 76 rine.

Subtotal: Unit 566 mi (911 km) ... 1,526 mi (2,455 44,222 ac (17,910 25 3 5 67 28 0. km). ha).

Total for both 985 mi (1,585 km) 2,290 mi (3,685 52,540 ac (21,262 32 5 6 57 units. km). ha).

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 35784 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules

TABLE 3.—APPROXIMATE LINEAR QUANTITY OF PROPOSED CRITICAL HABITAT OF STREAMS (MILES (MI) (KILOMETERS (KM)) AND SURFACE AREA OF LAKES (IN ACRES (AC) (HECTARES (HA)), AND ADJACENT LAND OWNERSHIP PERCENT- AGES FOR THE SAINT MARY-BELLY RIVER POPULATION

Federal Tribal State Private State Streams Lakes (percent) (percent) (percent) (percent)

Montana ...... 88 mi (142 km) ...... 6,295 ac (2,548 ha) ...... 45 45 0 10

Critical habitat includes bull trout interest that is being designated as bull confluence with the East Fork of the habitat across the species’ range in trout critical habitat occurs on the Jarbidge River approximately 20.9 mi Idaho, Montana, Nevada, and landscape. (33.6 km) upstream to the perennial Washington. Lands adjacent to The legal descriptions provided in the headwaters. The lower West Fork of the designated critical habitat are under regulatory portion of this proposed rule Jarbidge River provides FMO habitat private, State, Tribal, and Federal (see Regulation Promulgation section) between the confluence with the East ownership, with Federal lands correspond to the critical habitat units Fork and the confluence with Snowslide including lands managed by the USFS and subunits described below. However, Gulch. Spawning and rearing habitat for and Bureau of Land Management (BLM). the legal descriptions of individual the West Fork Jarbidge River local Three critical habitat units have been streams and lakes within each subunit population and migratory bull trout delineated. The areas we are designating paragraph are arranged in alphabetical currently are located upstream of as critical habitat, described below, order by stream or lake name within a Snowslide Gulch in the headwaters. constitute our best assessment of areas paragraph. Unnamed western headwater tributary essential to the conservation of the Unit 26: Jarbidge River Unit from the confluence with the West Fork Jarbidge River, Coastal-Puget Sound, of the Jarbidge River approximately 0.9 and Saint Mary-Belly River populations The Jarbidge River Unit encompasses mi (1.4 km) upstream to the perennial of bull trout. the Jarbidge and Bruneau River Basins, headwaters. The unnamed western which drain into the Snake River within These critical habitat units headwater tributary provides additional C.J. Strike Reservoir upstream of Grand correspond to recovery units identified spawning and rearing habitat for the View, Idaho. The Jarbidge River Unit is in the Draft Recovery Plan (Service West Fork Jarbidge River local located within Owyhee County in 2002, 2004). Brief descriptions of each population. Sawmill Creek, from the southwestern Idaho and Elko County in confluence with the West Fork of the unit, the critical habitat subunits northeastern Nevada. Jarbidge River approximately 0.8 mi (1.3 (CHSUs) within them, and the specific The Jarbidge River Unit includes a km) upstream to the perennial areas designated as critical habitat, are total of approximately 131 mi (211 km) presented below. of streams proposed as critical habitat. headwaters, provides spawning and The streams, lakes, and marine Approximate percentages of land rearing habitat for the West Fork shoreline indicated below are generally ownership associated with the streams Jarbidge River local population. described from the bottom to the top of proposed for designation are 92.4 (C) Deer Creek from the confluence a watershed within a critical habitat percent Federal, 1.5 percent private, and with the West Fork of the Jarbidge River unit or subunit. For example, river or 6.1 percent State in Idaho, and 91.7 approximately 6.5 mi (10.4 km) stream ‘‘A’’ would be described from its percent Federal and 8.3 percent private upstream to the perennial headwaters. mouth up to the first major tributary in Nevada. The Jarbidge River Unit Deer Creek provides foraging habitat (stream ‘‘B’’) that is also being contains six local populations of and a cool refuge from elevated designated as critical habitat. At that resident and migratory bull trout. These temperatures in the lower West Fork of point, tributary stream ‘‘B’’ and any of stream segments and reservoirs provide the Jarbidge River for migratory bull its associated tributaries that are also either FMO habitat, or provide trout, but the extent and frequency of being designated would be described, spawning and rearing habitat. These current occupancy is unknown. Deer again from the mouth of stream ‘‘B’’ habitats are essential to the long-term Creek may also provide spawning and upstream to either the next tributary conservation of the Jarbidge River rearing habitat under recovered being designated or to the limit of population as they will help maintain conditions. critical habitat within stream ‘‘B.’’ Once populations and the migratory life- (D) Jack Creek from the confluence this description is complete, the text history form essential to the species’ with the West Fork of the Jarbidge River again reverts to river/stream ‘‘A’’ and long-term conservation, and also approximately 5.2 mi (8.4 km) upstream continues upstream, either to the next provide habitat necessary for the to the perennial headwaters. Lower Jack tributary being designated (e.g., stream recovered distribution of bull trout Creek provides FMO habitat necessary ‘‘C’’) or to the upstream limit of critical (Service 2004). The stream segments to maintain connectivity among local habitat in stream ‘‘A’’. This provides a that make up the Jarbidge Unit are populations in the Jarbidge River ‘‘roadmap’’ that enables the reader to described below. population. Jack Creek provides appreciate the extent of the proposal in (A) Jarbidge River from the confluence spawning and rearing habitat upstream a particular watershed or stream system, with the Bruneau River approximately of the confluence with Jenny Creek. as well as to have the ability to work 29.4 mi (47.3 km) upstream to the joint (E) Pine Creek (also termed West Fork their way up from a landmark more confluence of the East and West Forks Pine Creek) from the confluence with likely to be familiar to locate a of the Jarbidge River. The mainstem the West Fork of the Jarbidge River particular, generally more obscure, Jarbidge River provides FMO habitat; approximately 4.5 mi (7.2 km) upstream tributary in the upper watershed. the downstream extent of current use is to perennial headwaters. Unnamed Together with the maps included with unknown. western tributary from the confluence of this proposed rule, readers should be (B) West Fork of the Jarbidge River Pine Creek approximately 1.0 mi (1.6 able to easily locate where a stream of (also termed Jarbidge River) from the km) upstream to the perennial

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules 35785

headwaters. Unnamed eastern to their respective perennial flows through Lake Cushman and Lake headwater tributary from the confluence headwaters: Slide Creek from the Kokanee before meeting with the South of Pine Creek approximately 1.5 mi (2.4 confluence with the East Fork of the Fork Skokomish River. Approximately km) upstream to the perennial Jarbidge River approximately 5.4 mi (8.7 60 mi (96.5 km) of stream and 4,011 ac headwaters. Pine Creek and its km); God’s Pocket Creek from the (1,623 ha) of lake are being proposed as tributaries provide spawning and confluence with Slide Creek critical habitat in the Skokomish basin. rearing habitat for the Pine Creek local approximately 3.9 mi (6.3 km); Land ownership along the stream population and migratory bull trout unnamed lower southern tributary from reaches and lakes proposed for critical from the West Fork of the Jarbidge the confluence with Slide Creek habitat is 54 percent Federal, 4 percent River. approximately 1.6 mi (2.6 km); State, 39 percent private, and 3 percent (F) East Fork of the Jarbidge River unnamed upper southern tributary from Tribal (3.0 mi (4.8 km) within the from the confluence with the West Fork the confluence with Slide Creek Skokomish Indian Reservation). The of the Jarbidge River approximately 23.1 approximately 1.8 mi (2.9 km); stream segments that make up the mi (37.2 km) upstream to perennial unnamed northern headwater tributary Skokomish CHSU are described below. headwaters. The lower East Fork of the approximately 0.3 mi (0.5 km); (A) The Skokomish River from its Jarbidge River provides FMO habitat unnamed eastern headwater tributary confluence with Hood Canal upstream from the confluence with the West Fork approximately 0.2 mi (0.3 km). 8.6 mi (13.8 km) to the confluence with upstream to the confluence of Fall Creek the North and South Forks Skokomish and provides connectivity for local Unit 27: Olympic Peninsula River Rivers and extending upstream in the populations. Spawning and rearing Basins following tributaries: Nalley Slough 0.5 habitat is located upstream of Fall Creek The Olympic Peninsula Unit is mi (0.8 km) to a natural barrier; Skobob in the headwaters. Unnamed western located in northwestern Washington. Creek 2.2 mi (3.5 km) to a natural headwater tributary from the confluence Bull trout populations inhabiting the barrier; Purdy Creek 1.3 mi (2.1 km) to with the East Fork of the Jarbidge River Olympic Peninsular comprise the a natural barrier; and Rickert Springs 0.3 approximately 2.2 mi (3.5 km) upstream coastal component of the Coastal-Puget mi (0.5 km) to its headwaters. Bull trout to the perennial headwaters. The Sound population. The unit includes have been documented throughout the unnamed western headwater tributary approximately 764 mi (1,229 km) of Skokomish River, which provides FMO provides additional spawning and stream, 8,318 ac (3,366 ha) of lakes, and habitat including a migratory corridor rearing habitat. Fall Creek from the 419 mi (674 km) of marine shoreline from Hood Canal to the North and South confluence with the East Fork of the proposed for designation as critical Fork Skokomish Rivers. Skobob Creek, Jarbidge River approximately 4.3 mi (6.9 habitat for bull trout. This unit covers Purdy Creek, and Rickert Springs have km) upstream to the perennial an area approximately 6.5 million ac had bull trout documented in recent headwaters. Unnamed lower western (2.6 million ha), and is bordered by years (Marty Ereth, Skokomish Tribe, in tributary from the confluence with Fall Hood Canal to the east, Strait of Juan de litt. 2003; Larry Ogg, USFS, in litt. Creek approximately 2.2 mi (3.5 km) Fuca to the north, Pacific Ocean to the 2003), and they provide foraging, upstream to the perennial headwaters. west and the Lower Columbia and Puget overwintering, and seasonal subadult Unnamed upper western tributary from Sound Recovery Units to the south. It rearing habitat in the Skokomish River. the confluence with Fall Creek upstream extends across portions of Grays Harbor, Nalley Slough is part of the braided approximately 1.8 mi (2.9 km) to the Clallam, Mason, Pacific, and Jefferson Skokomish River and provides perennial headwaters. Fall Creek and its Counties. All of the major river basins connectivity to the Skokomish estuary tributaries provide spawning and initiate from the Olympic Mountains. (WDFW 2003). rearing habitat for the East Fork Jarbidge The Olympic Peninsula Unit is divided (B) The South Fork Skokomish River River local population. Cougar Creek, into 10 critical habitat subunits from its confluence with the Skokomish from the confluence with the East Fork (CHSUs). The Draft Recovery Plan River upstream 25.0 mi (40.2 km) and of the Jarbidge River approximately 4.2 (Service 2004) indicates the need to extending upstream in the following mi (6.8 km) upstream to the perennial maintain these 10 local populations, to tributaries: Brown Creek 5.3 mi (8.5 headwaters, provides spawning and restore two identified potential local km); Lebar Creek 1.2 mi (1.9 km); Pine rearing habitat for resident and possibly populations, and to maintain freshwater Creek 0.7 mi (1.1 km); Church Creek 0.4 migratory bull trout from the East Fork and marine FMO habitats within these mi (0.6 km). Multiple age classes of bull of the Jarbidge River. CHSUs in order to provide for the trout have been observed in the (G) Dave Creek from the confluence recovered distribution, abundance, and amphidromous reaches of Brown, Lebar, with the East Fork of the Jarbidge River productivity of bull trout. Although and Pine Creeks. These creeks are used approximately 9.9 mi (15.9 km) delta areas and small islands are for juvenile rearing, foraging, and upstream to the perennial headwaters. difficult to map and may not be overwintering. Juvenile bull trout have Dave Creek provides FMO habitat in the specifically identified by name, been observed throughout the South lower reach and provides connectivity included within the critical habitat Fork Skokomish River, and spawning among local populations in the Jarbidge proposal are delta areas where streams has been documented in Church Creek River population. Spawning and rearing form sloughs and braids, and the and the upper South Fork Skokomish habitat for the Dave Creek local nearshore of small islands found within River (Ogg and Stutsman 2002). Brown population is present in the upper the proposed marine areas. Creek has suitable, accessible spawning reach. Upper Dave Creek also likely habitat, and is identified as a potential provides spawning and rearing habitat (i) Skokomish CHSU local population necessary for recovery for migratory bull trout from the East The North Fork Skokomish River and in the Skokomish core area. Fork of the Jarbidge River. the South Fork Skokomish River (C) North Fork Skokomish River from (H) The following reaches provide headwaters originate in the Olympic its confluence with the Skokomish River spawning and rearing habitat for the Mountains and flow eastward to join at upstream 13.1 mi (21.1 km), ending at Slide Creek local population and the Skokomish River, which then flows Lake Kokanee dam, and restarts again at possibly migratory bull trout from the into the southernmost portion of Hood the inlet to Lake Cushman, and East Fork of the Jarbidge River upstream Canal. The North Fork Skokomish River including the area of inundation for

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 35786 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules

Lake Cushman (4,011 ac (1,623 ha)), and (iii) Elwha CHSU trout amphidromous life-history form extending up the accessible reaches of The Elwha River originates on the will be restored in the Elwha River, prey the following tributaries: Elk Creek 0.8 south and east sides of Mount Olympus, base will be increased as salmon re- mi (1.3 km); and Slate Creek 1.0 mi (1.6 flows south, and then turns northward colonize the river, and bull trout km). Bull trout have been observed in before entering the Strait of Juan de abundance will increase, resulting in the North Fork Skokomish River, which Fuca. The Elwha Rivers flows through greater use of accessible tributaries. provides foraging and overwintering two reservoirs, Lake Mills and Lake (iv) Hoh River CHSU habitat and connectivity with the Aldwell. Approximately 55 mi (88.5 The Hoh River flows westward from mainstem Skokomish River. Spawning km) of stream and 1,097 ac (444 ha) of its headwaters in the Baily Range and has been documented in the upper lake are being proposed as critical the north slope of Mount Olympus to its North Fork Skokomish River, Elk Creek, habitat in the Elwha River basin. Land confluence with the Pacific Ocean. and Slate Creek. Bull trout have been ownership along the stream reaches Approximately 89 mi (143 km) of stream documented in Lake Cushman, but not proposed for critical habitat is 84 is being proposed as critical habitat in in Lake Kokanee, which is located on percent Federal, 6 percent State, 8 the Hoh River basin. Land ownership the North Fork Skokomish River below percent private, and less than 2 percent along the stream reaches proposed for Lake Cushman. Lake Kokanee is not Tribal (less than 1.0 mi (1.6 km) within critical habitat is 41 percent Federal, 14 being proposed as critical habitat, Lower Elwha S’Klallam Tribal lands). percent State, 45 percent private, and because implementation of the Federal The stream segments that make up the less than 1 percent Tribal (less than 1.0 Energy Regulatory Commission license Elwha CHSU are described below. mi (1.6 km) within Hoh Indian for the Cushman project is expected to (A) The Elwha River from its Reservation lands). result in construction of trap-and-haul confluence with the Strait of Juan de (A) The Hoh River from its confluence fish passage facilities (George Ging, Fuca upstream 38.8 mi (62.4 km) to an with the Pacific Ocean upstream 50.1 mi Service, in litt. 2004). These facilities impassable barrier, including the area of (80.6 km) to an impassable barrier and will restore connectivity between lower inundation for Lake Aldwell (302 ac extending upstream in the following (122 ha)) and Lake Mills (444 ac (180 and upper North Fork Skokomish tributaries to an impassable barrier or ha)), and extending upstream in the Rivers, but will bypass the inundated headwaters: Nolan Creek 7.9 mi (12.7 following tributaries: Little River 7.4 mi 2.3 mi (3.7 km) long Lake Kokanee km); Winfield Creek 5.8 mi (9.3 km); (11.9 km); Hughes Creek 0.2 mi (0.3 section. Owl Creek 3.9 mi (6.3 km); South Fork km); Griff Creek 0.8 mi (1.3 km); Hoh River 15.5 mi (24.9 km); Mount (ii) Dungeness River CHSU Boulder Creek 0.5 mi (0.8 km); Cat Tom Creek 5.0 mi (8.0 km); Cougar Creek 3.1 mi (5.0 km); Prescott Creek 0.2 Creek 0.5 mi (0.8 km); OGS Creek 0.1 mi The Dungeness CHSU includes the mi (0.3 km); Hayes Creek 1.5 mi (2.4 (0.2 km); and Hoh Creek 0.5 mi (0.8 km). Dungeness River, its primary tributary, km); Godkin Creek 1.0 mi (1.6 km); Recent radio telemetry studies have the Gray Wolf, and associated Buckinghorse Creek 0.6 mi (1.0 km); and documented bull trout throughout the tributaries. The Dungeness River is Delabarre Creek 0.8 mi (1.3 km). Hoh River, which provides spawning, located in the northeastern portion of Multiple age classes have been rearing, and FMO habitat. The Hoh the Olympic Peninsula and flows from documented throughout the Elwha River also serves as a migration corridor its headwaters in the Olympic River which provides FMO habitat. Lake for bull trout moving to and from the Mountains to the Strait of Juan de Fuca. Aldwell, Little River, Hughes Creek, Pacific Ocean. Spawning and juvenile Approximately 30 mi (48 km) of stream Griff Creek, Lake Mills, Boulder Creek, rearing have been documented in the is being proposed as critical habitat in Cat Creek, Prescott Creek, Hayes Creek, upper Hoh River and the South Fork the Dungeness River basin. Land Godkin Creek, Buckinghorse Creek, and Hoh River (Brenkman and Meyer 1999). ownership along the stream reaches Delabarre Creek have documented bull Bull trout have also been documented in proposed for critical habitat is 59 trout use (Morrill and McHenry 1994; Nolan Creek, Mt. Tom Creek, Cougar percent Federal, 7 percent State, 33 Brenkman and Meyer 2001). The Creek, OGS Creek, and Hoh Creek, with percent private, and less than 1 percent mainstem Elwha River and tributaries historic use reported in Owl and Tribal (less than 1.0 mi (1.6 km) within above Lake Mills are presumed to Winfield Creeks (McLeod 1944). All of Jamestown S’Klallam Tribal lands). provide primary spawning and rearing these streams are accessible to bull habitat in the Elwha CHSU. Bull trout (A) The Dungeness River from its trout, are occupied by anadromous in this area are considered a single local salmonids, and likely provide bull trout confluence with the Strait of Juan de population (Olympic Peninsula Bull foraging or overwintering habitat in the Fuca upstream 18.7 mi (30.1 km) to an Trout Recovery Unit, in litt. 2003). Hoh River basin. impassable barrier and extending up the The Elwha and Glines Canyon Dams following tributaries to their headwaters are scheduled to be removed beginning (v) Queets River CHSU or an impassable barrier: Hurd Creek 0.5 in 2007, resulting in restoration of The Queets River flows west from its mi (0.8 km); Gray Wolf River 9.4 mi connectivity and anadromous headwaters in Mount Queets, Bear Pass, (15.1 km); and Gold Creek 1.6 mi (2.6 salmonids, and increased abundance of and Mount Barnes to its confluence km). The Dungeness River and its bull trout. Because suitable spawning with the Pacific Ocean. Major tributaries tributaries provide foraging, habitat is present, following dam include the Sams and Clearwater Rivers. overwintering, and rearing habitat. The removal, as abundance increases in the Approximately 139 mi (224.0 km) of Dungeness River also serves as a Elwha core area, it is expected that stream is being proposed as critical corridor for movement to the Strait of Little River will be used for spawning habitat in the Queets River basin. Land Juan de Fuca (L. Ogg, pers. comm. and rearing. Little River has been ownership along the stream reaches 2004). Spawning and rearing has been identified by the Olympic Peninsula proposed for critical habitat is 56 documented in the Gray Wolf River Recovery Unit Team as a potential local percent Federal, 18 percent State, 11 (Randy Cooper, WDFW, in litt. 2002). population necessary for recovery in the percent private, and 14 percent Tribal Bull trout have also been observed in Elwha core area. Following dam (approximately 20.0 mi (32.2 km) on Hurd Creek and Gold Creek. removal, it is expected that the bull Quinault Indian Nation lands).

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules 35787

(A) The Queets River from its Service, pers. comm. 2002; Scott Craig, expected that FMO habitat use of confluence with the Pacific Ocean Service, in litt. 2003; Mark Ostwald, marine waters will also increase. upstream 48.8 mi (78.5 km) to an Service, in litt. 2003). (vii) Hood Canal CHSU impassable barrier and extending (B) The area of inundation for Irely upstream in the following tributaries to Lake (27 ac (11 ha)), Irely Creek 0.1 mi The estuarine and nearshore marine an impassable barrier or headwaters: (0.2 km); and Big Creek 7.0 mi (11.3). waters of the southern and western Clearwater River 36.8 mi (59.2 km); Bull trout recently have been boundaries of Hood Canal provide Salmon River 13.2 mi (21.2 km); documented in Irely Lake, with historic foraging and migration habitat for Matheny Creek 17.7 mi (28.5 km); Sams use reported in Big Creek (McLeod amphidromous bull trout outside of River 9.5 mi (15.3 km); and Tshletshy 1944; S. Brenkman, in litt. 2001). Irely freshwater core areas. Land ownership Creek 13.2 mi (21.2 km). The Queets Creek provides bull trout access to Irely along the nearshore marine habitat is 8 River and its tributaries provide FMO Lake from Big Creek and the Quinault percent State, 86 percent private, and 6 and rearing habitat. The Queets River River. percent Tribal (approximately 6.0 mi also serves as a migration corridor for (C) North Fork Quinault River from its (9.6 km) within Skokomish Indian Reservation lands). bull trout moving to and from the confluence with the Quinault River (A) Approximately 106 mi (171 km) of Pacific Ocean. Bull trout spawning has upstream 10.7 mi (17.2 km) to an nearshore marine habitat on the been observed in the upper Queets River impassable barrier, and its tributary, above the confluence with Tshletshy southern and western borders of Hood Rustler Creek, upstream 2.8 mi (4.5 km) Canal from an unnamed tributary south Creek (Gross 2002). Bull trout have been to an impassable barrier (Olympic documented in the Clearwater, Salmon, of Union River to the entrance to National Park, in litt. 2001). Multiple Fisherman’s Harbor on the southern and Sams Rivers, and Matheny Creek, age classes of bull trout have been with historic use reported in Tshletshy border of Toandos Peninsula is observed in the North Fork Quinault proposed as critical habitat. Creek (McLeod 1944). Bull trout surveys River and Rustler Creek. have not been conducted in these Amphidromous bull trout have been For the next four CHSUs, nearshore documented in estuaries and lower streams since human access is marine waters are essential for access to extremely difficult. rivers of Hood Canal, including the foraging habitat in watersheds that are Quilcene, Dosewallips, Duckabush, and (vi) Quinault River CHSU not believed to have spawning Hamma Hamma Rivers on the western The Quinault River originates in the populations. While in marine waters, side of Hood Canal (Service 1913; Olympic Mountains and flows west to bull trout appear to primarily occupy McLeod 1944; Phil Hilgert, R2 the Pacific Ocean. The Quinault CHSU estuarine and nearshore habitats and Consulting, pers. comm. 2000; John includes the mainstem Quinault River, feed on a variety of prey items, Meyer and Chuck Hamstreet, Service, in North Fork Quinault River, tributaries, especially small marine fish such as litt. 2001). It is unlikely that these rivers and Lake Quinault. Approximately 91 herring, surf smelt, and sandlance (F. provide spawning habitat but they have mi (146 km) of stream and 3,570 ac Goetz, in litt. 2003; Brenkman and abundant prey base and do provide (1,445 ha) are being proposed as critical Corbett 2003). It is likely that these essential foraging and overwintering habitat in the Quinault River basin. waters are also used as refuge from high habitats outside natal watersheds. Land ownership along the stream flows in the natal rivers. Although the (viii) Strait of Juan de Fuca CHSU reaches and lake proposed for critical extent of bull trout use in these waters habitat is 60 percent Federal and 40 and their independent tributaries are Approximately 130 mi (209 km) of percent Tribal (approximately 35.0 mi not well known, information for Puget nearshore marine habitat in the Strait of (56.3 km) are within Quinault Indian Sound and Pacific Ocean nearshore Juan de Fuca, and 20 mi (32 km) of Nation lands). marine use indicates that bull trout with independent streams draining into it are (A) The Quinault River from its access to marine waters use them to proposed as critical habitat. Land confluence with the Pacific Ocean access prey base in both marine and ownership along the stream reaches and upstream 64.6 mi (103.9 km) to an independent freshwater tributaries. nearshore proposed for critical habitat is impassable barrier, including the area of Independent tributaries that flow approximately 9 percent Federal, 6 inundation for Lake Quinault (3,543 ac directly to marine waters are not percent State, and 84 percent private. (1,434 ha)), and extending upstream in expected to provide spawning habitat, (A) Nearshore marine habitat on the the following tributaries to an but do provide essential foraging and southern boundary of the Strait of Juan impassable barrier or headwaters: Cook overwintering habitat for bull trout de Fuca for 130.0 mi (209.2 km) from its Creek from its confluence with the outside their natal watersheds. eastern boundary at Cape George to its Quinault River upstream 4.7 mi (7.6 Nearshore marine habitat is also western boundary at Pillar Point; Bell km); O’Neil Creek 0.7 mi (1.1 km); Ignar essential for connectivity to and Creek from its confluence with the Strait Creek 0.2 mi (0.3 km); and Pyrites Creek between these independent tributaries. of Juan de Fuca upstream 3.8 mi (6.1 0.4 mi (0.6 km). The Quinault River and Although use of FMO habitat may be km) to a natural barrier; Siebert Creek its tributaries provide FMO and rearing seasonal or brief, it is nonetheless a from its confluence with the Strait of habitat. The Quinault River also serves critical element for migratory bull trout Juan de Fuca upstream 6.3 mi (10.1 km) as a migration corridor for bull trout to persist (Lohr et al. 2001). The current to its confluence with ‘‘0175’’ Creek moving to and from the Pacific Ocean. distribution data most likely under- (Phinney and Bucknell 1975); Morse Multiple age classes have been observed represents the amount of occupied Creek from its confluence with the Strait in upper Quinault River, and it’s likely marine shoreline, due to the depressed of Juan de Fuca upstream 4.9 mi (7.9 that spawning occurs there and its status of these populations, the seasonal km) to a natural barrier; and Ennis Creek accessible tributaries (Olympic National and temporal variability in migratory from its confluence with the Strait of Park, in litt. 2001). Bull trout recently behavior, and the difficulty of sampling Juan de Fuca upstream 5 mi (8 km) to have been documented in Cook Creek, in large estuarine and marine a natural barrier. The estuarine and Lake Quinault, O’Neil Creek, Ignar environments (Pentec Environmental marine waters of the Strait of Juan de Creek, and Pyrites Creek (Olympic 2002). As bull trout in these CHSUs Fuca provide FMO habitat for National Park, in litt. 2001; Dave Zajac, recover and increase in abundance, it is amphidromous bull trout outside of

VerDate jul<14>2003 22:05 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 35788 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules

freshwater core areas. Bull trout have its confluence with the Pacific Ocean or Humptulips River basins, and these also been documented in Bell, Ennis, upstream 3.6 mi (5.8 km) to a natural fish likely originate from core areas Morse, and Siebert Creeks (WDFW 1998; barrier; and Copalis River upstream north of Grays Harbor. These river Joel Freudenthal, Clallam County, in from its confluence with the Pacific provide bull trout foraging and litt. 2001; R. Cooper, in litt. 2003, Ocean upstream 15.9 mi (25.6 km) to a overwintering habitat. indicating that they are used at least natural barrier. Recent observations (B) Chehalis River from its mouth at seasonally for foraging and have documented bull trout use in the Grays Harbor upstream 47.0 mi (75.6 overwintering. Use of these independent following independent tributaries: Raft, km) to its confluence with Garrard tributaries to the Strait of Juan de Fuca Moclips, and Copalis Rivers, Goodman, Creek, and Wynoochee River upstream requires migration by bull trout from Cedar, Kalaloch, and Joe Creek (WDFW 50.9 mi (81.9 km) to the Wynoochee their natal rivers through the marine 1998; B. Freymond, WDFW, in litt. Dam. The Chehalis River has both waters of the Strait of Juan de Fuca. 2001; S. Brenkman, in litt. 2003; Scott historic and recent documentation of Although the extent of bull trout use Potter, Quinault Indian Nation, in litt. bull trout (Brix 1974; Keizer 1990; along the southern shoreline of the 2003; Steve Corbett, National Park Simensted et al. 2001; Jeanes et al. Strait of Juan de Fuca and its Service, in litt. 2004). Although there 2003). Bull trout have also been independent tributaries is not well are no recent surveys for bull trout in documented in the Wynoochee River known, information for Puget Sound Mosquito Creek, historic use is (Keizer 1990; T. Hooper, NOAA- and Pacific Ocean nearshore marine use documented in McLeod (1944). Fisheries, pers. comm. 2004). Bull trout indicates that bull trout appear to have been observed entering these rivers primarily occupy estuarine and (x) Chehalis River/Grays Harbor CHSU following salmon and steelhead nearshore habitats and feed on a variety The Chehalis River flows west to it spawning runs and during smolt out- of prey items (F. Goetz, in litt. 2003; S. confluence with Grays Harbor. Bull migrations. The Chehalis and Brenkman, in litt. 2003). trout have been documented throughout Wynoochee Rivers provide FMO habitat the Chehalis River downstream from and are accessible from the marine (ix) Pacific Coast CHSU Garrard Creek and in Grays Harbor. Bull waters of Grays Harbor. Bull trout can be found throughout trout do not appear at this time to (C) Satsop River upstream 6.3 mi (10.1 the eastern nearshore waters of the spawn in the Grays Harbor/Chehalis km) to the confluence with West Fork Pacific Ocean from Goodman Creek River basin and these fish probably Satsop River; West Fork Satsop River south to Grays Harbor. Approximately originate from core areas north of the upstream 37.4 mi (60.2 km) to a natural 94 mi (151 km) of nearshore marine basin (Jeanes et al. 2003). barrier; and Canyon River upstream 13.1 habitat on the Pacific Coast, and 64 mi Approximately 89 mi (142.5 km) of mi (21.1 km) to a natural barrier. (103 km) of independent streams nearshore marine habitat in Grays Although there are no recent draining into the Pacific Ocean are Harbor and 216 mi (347.5 km) of rivers observations of bull trout in the Satsop proposed as critical habitat. Land draining into Grays Harbor are proposed River, historically bull trout were ownership along the stream reaches as critical habitat. Land ownership regularly observed in the Satsop River, proposed for critical habitat is 10 along the nearshore and river reaches West Fork Satsop River and Canyon percent Federal, 8 percent State, 82 proposed for critical habitat is 3 percent River (Keizer 1990; Jay Hunter, WDFW, percent private, and less than 1 percent Federal, 1 percent State, and 96 percent in litt. 2001). These rivers are accessible Tribal (less than 1.0 mi (1.6 km) within private. from marine waters, and provide, at Chehalis Tribe Reservation lands). (A) Nearshore marine habitat of Grays least seasonally, important foraging and (A) Nearshore marine habitat on the Harbor for 88.6 mi (142.5 km) from its overwintering habitat. Water western coast of the Pacific Ocean for mouth at the Pacific Ocean, north to temperatures are suitable for all bull 93.8 mi (150.0 km) from its northern jetty at Point Brown, south to jetty at trout life-history stages (L. Ogg, in litt. boundary at ‘‘0089’’ Creek (Phinney and Point Chehalis, including the extent of 2003). Bucknell 1975) to its southern boundary tidal influence, and east to the Chehalis at the mouth of Grays Harbor at the jetty River; Humptulips River from its Unit 28: Puget Sound on Point Brown; Goodman Creek from confluence with Grays Harbor upstream The Puget Sound Unit includes its confluence with the pacific Ocean 27.9 mi (44.9 km) to the confluence with approximately 1,526 mi (2,455 km) of upstream 10.9 mi (17.5 km) to its East and West Forks Humptulips River; streams, and 44,222 ac (17,896 ha) of confluence with ‘‘0413’’ Creek (Phinney Wishkah River from its confluence with lakes, and 566 mi (911 km) of marine and Bucknell 1975); Mosquito Creek Grays Harbor upstream 33.8 mi (54.4 shoreline proposed for designation as upstream from its confluence with the km) to a natural barrier. The estuarine critical habitat within the Puget Sound Pacific Ocean 6.9 mi (11.1 km) to a and marine waters of the Grays Harbor Recovery Unit. The unit covers an area natural barrier; Cedar Creek from its provide FMO habitat for amphidromous of approximately 8.4 million ac (3.4 confluence with the Pacific Ocean 4.2 bull trout outside of freshwater core million ha) and is bordered by the mi (6.8 km) to its headwaters; Steamboat areas. There are abundant prey fish and Cascade crest to the East, Puget Sound Creek from its confluence with the seasonally abundant smolts in the Grays to the West, the Lower Columbia and Pacific Ocean 3.6 mi (5.8 km) to a Harbor nearshore marine habitat, which Olympic Peninsula Recovery Units to natural barrier; Kalaloch Creek from its provide essential forage for bull trout. the South, and the United States-Canada confluence with the Pacific Ocean Although no bull trout had been border to the North. It extends across upstream 3.9 mi (6.3 km) to its observed in Grays Harbor since 1981, Whatcom, Skagit, Snohomish, King, confluence with West Fork Kalaloch during 2002 beach seining surveys Pierce, Thurston, and Island Counties. Creek; Raft River upstream from its targeting bull trout, three fish were The major river basins initiate from the confluence with the Pacific Ocean 8.0 captured (Jeanes et al. 2003). Bull trout Cascade Mountain Range, and flow west mi (12.9 km) to confluence with South have been documented in the Wishkah discharging into Puget Sound, with the Fork Raft River; Moclips River upstream and Humptulips Rivers (Keizer 1990; exception of the Chilliwack River from its confluence with the Pacific Nate Dachtler, WDFW, in litt. 2001; M. system, which flows northwest into Ocean upstream 7.0 mi (11.3 km) to a Ereth, in litt. 2002). Bull trout are not British Columbia discharging into the natural barrier; Joe Creek upstream from known to spawn in either the Wishkah Fraser River. The Puget Sound Unit is

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules 35789

divided into eight CHSUs. The Draft for migratory bull trout in the local Sahlfeld, pers. comm. 2003; Ned Recovery Plan (Service 2004) identifies population (Service 2004). Bull trout Currence, Nooksack Tribe, in litt. 2003). the need to maintain the 57 local spawning and rearing has been recorded Racehorse Creek upstream 1.1 mi (1.8 populations and five potential local within stream reaches in British km) to a falls; and Kendall Creek populations, and the freshwater and Columbia, with accessible habitat upstream 2.7 mi (4.3 km) to the outlet marine FMO habitats within these extending to the border (M.A. Whelen of a wetland provide accessible FMO CHSUs as they are essential for the and Associates and The Steelhead habitat. Bull trout have been recovered distribution, abundance, and Society Habitat Restoration Corporation documented in both Racehorse and productivity of bull trout, especially the (TSSHRC) 1996). No surveys have been Kendall Creeks. amphidromous life-history form. The conducted in accessible stream reaches The following tributaries provide State of Washington has assigned all located within the United States accessible spawning and rearing habitat streams a stream catalog number. If an upstream from the border. for the Lower North Fork Nooksack unnamed stream, or stream with no (C) Silesia Creek from the U.S.-Canada River and Canyon Creek local official U.S. Geological Survey name, is border upstream approximately 9.5 mi populations, from their mouths proposed for critical habitat with the (15.3 km) to the limit of accessible upstream to a natural barrier: Maple Puget Sound Unit, the stream catalog headwater habitat provides spawning Creek 1.4 mi (2.2 km); Boulder Creek 1.3 number is provided for reference. and rearing habitat for migratory bull mi (2.1 km); unnamed tributary (stream trout in the local population (Service catalog #0425) 0.5 mi (0.8 km); (i) Chilliwack CHSU 2004). Bull trout spawning and rearing McDonald Creek (stream catalog #0435) The Chilliwack River system is a has been recorded within stream 0.9 mi (1.4 km); Wildcat Creek 1.0 mi transboundary watershed flowing reaches in British Columbia, with (1.6 km); and Canyon Creek northwest into British Columbia, accessible habitat extending to the approximately 3.1 mi (5.0 km) to barrier Canada, where it discharges into the border (M.A. Whelen and Associates falls. Bull trout have been documented Fraser River. The Chilliwack CHSU and TSSHRC 1996). No surveys have in Maple, Boulder, McDonald, Wildcat, includes only those portions of this been conducted in accessible stream and Canyon Creeks. transboundary system that are within reaches located within the United States The following tributaries provide the United States. The Draft Bull Trout upstream from the border. spawning and rearing habitat for the Recovery Plan (Service 2004) describes Middle North Fork Nooksack River local the Chilliwack core area as including (ii) Nooksack CHSU population, from their mouths upstream portions of the Sumas River and The Nooksack CHSU is located on the to a natural barrier: Hedrick Creek 0.8 Chilliwack River and its tributaries western slopes of the Cascade mi (1.3 km); Cornell Creek 1.0 mi (1.6 contained within the United States. A Mountains. The Nooksack River system km); Gallop Creek 0.9 mi (1.4 km), and total of approximately 29 mi (47 km) of flows west from the Cascade Mountain its tributary, Son of Gallop 0.4 mi (0.6 stream is proposed as critical habitat. Range towards Puget Sound, km). Bull trout have been documented Land ownership along the stream discharging into Bellingham Bay. A total in Hedrick, Gallop, and Son of Gallop reaches proposed for critical habitat is of approximately 187 mi (301 km) of Creeks. Cornell Creek is accessible from 100 percent Federal. stream is proposed as critical habitat. a known occupied stream, with historic (A) The Chilliwack River from the Land ownership along the stream use reported by Norgore and Anderson U.S.-Canada border upstream reaches proposed for critical habitat is (1921). No recent surveys have been approximately 11.7 mi (18.8 km) to the approximately 22 percent Federal, 11 conducted to specifically detect bull limit of accessible headwater habitat at percent State, less than 1 percent Tribal, trout. the confluence with Copper Creek; and and 67 percent private. (C) The following tributaries provide the following tributaries provide (A) The Nooksack River from its spawning and rearing habitat for the spawning and rearing habitat for the mouth at Puget Sound upstream Glacier Creek local population, from local population upstream from their approximately 39.6 mi (63.7 km) to the their mouths upstream to natural mouths to natural barriers: Bear Creek confluence of the North and Middle barriers or confluence: Glacier Creek 0.3 mi (0.5 km); Indian Creek 1.0 mi (1.6 Forks of the Nooksack River, including approximately 6.9 mi (11.1 km) to the km); Brush Creek 0.3 mi (0.5 km); and associated sloughs, provides foraging barrier at the confluence with Grouse Easy Creek 0.5 mi (0.8 km). Spawning and overwintering habitat, as well as an Creek, and its tributaries, Little Creek adults have been observed in the essential migratory corridor for approximately 0.7 mi (1.1 km); Davis Chilliwack River, and juveniles have amphidromous bull trout. Bull trout Creek 0.2 mi (0.3 km); Thompson Creek been observed in Bear, Brush, Indian, have been documented throughout the 2.1 mi (3.4 km); Deep Creek 0.2 mi (0.3 and Easy Creeks (Reed Glesne, in litt. mainstem Nooksack River (WDFW 1998; km); unnamed tributary (stream catalog 1993; Doyle et al. 2000). Ned Currence, Lummi Nation, in litt. #0476) 0.3 mi (0.5 km); Coal Creek Little Chiliwack River upstream 2003; Treva Coe, Nooksack Tribe, in litt. (upper) 0.2 mi (0.3 km); and Falls Creek approximately 4.0 mi (6.4 km) to its 2003). Its tributary, Smith Creek, from 0.8 mi (1.3 km) to the confluence with headwaters, and provide spawning and its mouth upstream 2.7 mi (4.3 km) to Lookout Creek. Bull trout have been rearing habitat for migratory bull trout the mouth of McCauley Creek provides documented in Glacier, Little, Davis, in the local population (Service 2004). FMO habitat. Subadult bull trout have Thompson, Coal, and Falls Creeks (Doug Juvenile bull trout were observed in the been captured in Smith Creek. Huddle, in litt. 1995; WDFW and USFS, mid-1970s during the last survey of this (B) North Fork Nooksack River from in litt. 2002). Deep Creek and stream stream (R. Glesne, in litt. 1993). This its confluence with the Middle Fork #0476 are also identified as occupied by stream is within North Cascades Nooksack River upstream approximately bull trout (WDFW 2002). National Park, so habitat remains 24.6 mi (39.6 km) to Nooksack Falls (D) The following tributaries provide essentially in pristine condition. provides spawning and rearing habitat spawning and rearing habitat for the (B) Depot Creek from the U.S.-Canada upstream of its confluence with Canyon Upper North Fork Nooksack River local border upstream 1.7 mi (2.7 km) to the Creek, and combined rearing and FMO population, from their mouths upstream limit of accessible headwater habitat habitat in its reaches downstream of to natural barriers: Boyd Creek 0.4 mi provides spawning and rearing habitat Canyon Creek (WDFW 1998; Darren (0.6 km); Cascade Creek 0.1 mi (0.2 km);

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 35790 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules

Deerhorn Creek 0.2 mi (0.3 km); Ditch increase, resulting in greater use of Lake) formed by Gorge Dam, and then Creek 0.2 mi (0.3 km); Chainup Creek accessible tributaries. continues west discharging into Skagit 0.3 mi (0.5 km); Dead Horse Creek 0.3 (F) South Fork Nooksack River from Bay of Puget Sound. The Lower Skagit mi (0.5 km); Powerhouse Creek 0.3 mi the confluence with the mainstem CHSU includes the mainstem, its major (0.5 km); and Wells Creek 1.5 mi (2.4 Nooksack River upstream approximately forks, lakes/reservoirs, and associated km). Bull trout have been documented 40.0 (64.4 km) to headwaters provides tributaries downstream of Diablo Dam. in Boyd, Cascade, Deerhorn, Ditch, spawning and rearing habitat upstream A total of approximately 414 mi (666 Chainup, Dead Horse, Powerhouse, and of Wanlick Creek (WDFW and USFS, in km) of stream and 7,024 ac (2,842 ha) Wells Creeks (D. Huddle, in litt. 1995; litt. 2002; Stan Zyskowski, National of lake surface area in three lakes is WDFW and USFS, in litt. 2002). Park Service, pers. comm. 2003), and proposed as critical habitat. Land (E) Middle Fork Nooksack River from combined spawning, rearing, and FMO ownership along the stream reaches and the confluence with the North Fork habitat in its reaches downstream of lakes proposed for critical habitat is 49 Nooksack River upstream approximately Wanlick Creek (WDFW, in litt. 1994). percent Federal, 4 percent State, and 47 17.7 mi (28.5 km) to a gradient barrier The following tributaries provide percent private. near its confluence with Ridley Creek spawning and rearing habitat, and (A) The Skagit River from its mouth provides spawning and rearing habitat additional FMO habitat for the Lower at Puget Sound upstream approximately upstream of Box Canyon (STS Heislers and Upper South Fork Nooksack River 88.4 mi (142.2 km) to Diablo Dam Creek Hydro 1994; James Lee, Whatcom local populations, from their mouths including the North (6.4 mi (10.3 km)) County River and Flood Section upstream to natural barriers: and South (7.7 mi (12.4 km)) Forks of Engineer, pers. comm. 2003), and Hutchinson Creek 6.0 mi (9.6 km); the Skagit River and associated sloughs combined spawning, rearing, and FMO Skookum Creek 2.2 mi (3.5 km); connected to these forks and Puget habitat in its reaches downstream of Box Cavanaugh Creek 0.6 mi (1.0 km) Sound (e.g., Freshwater Slough, Canyon (WDFW 1998; Paul Schlenger, barrier; Deer Creek 0.6 mi (1.0 km); Brandstedt Slough, Dry Slough) provide Anchor Environmental, LLC, in litt. Howard Creek 0.8 mi (1.3 km); Bear foraging and overwintering habitat, as 2002). The following tributaries all Lake Outlet (stream catalog #0317) 0.2 well as an essential migratory corridor provide combined spawning, rearing, mi (0.3 km); Bell Creek 0.3 mi (0.5 km); for amphidromous bull trout. Rearing and FMO habitat for the Lower Middle and Elbow Creek/Lake Doreen Outlet habitat occurs upstream of the Fork Nooksack River local population, (stream catalog # 0331) 1.7 mi (2.7 km) confluence with the Sauk River. The from their mouths upstream to natural to headwaters. Bull trout have been following tributaries provide FMO barriers: Canyon Creek (Canyon Lake documented in Hutchinson, Skookum, habitat outside of local populations for Creek) 1.9 mi (3.1 km); unnamed Cavanaugh, Deer, and Bear Lake Outlet the Lower Skagit core area, from their tributary (stream catalog #0347) 1.5 mi Creeks. Howard Creek is also identified mouths upstream to a natural or (2.4 km); unnamed tributary (stream as occupied by bull trout (WDFW 2002). manmade barrier, or confluence: catalog #0349) 0.9 mi (1.4 km) to its The other identified streams are Nookachamps Creek 11.9 mi (19.1 km) confluence with unnamed tributary; accessible from a known occupied to the confluence of its unnamed Porter Creek 0.9 mi (1.4 km); and Peat stream, with historic use reported in tributary (stream catalog #0261); Day Bog Creek (stream catalog #0352) 1.0 mi Bell Creek and Elbow Creek/Lake Creek 6.7 mi (10.8 km); Jones Creek 1.6 (1.6 km) to a lower lake outlet. Doreen Outlet (Norgore and Anderson mi (2.6 km); Alder Creek 2.4 mi (3.9 km) The following tributaries all provide 1921), and Edfro Creek (C. Kraemer, to the confluence of its unnamed spawning and rearing habitat for the pers. comm. 2002). No recent surveys tributary (stream catalog #0360); Grandy Upper Middle Fork Nooksack River have been conducted to specifically Creek 5.7 mi (9.2 km) to the outlet of local population, from their mouths detect bull trout, but water temperature Grandy Lake; Finney Creek 12.1 mi upstream to natural barriers: Clearwater data indicate habitat is optimal for (19.5 km); Jackman Creek 1.4 mi (2.2 Creek 4.5 mi (7.2 km); Galbraith Creek spawning and rearing in most of these km); Rocky Creek approximately 0.7 mi 0.4 mi (0.6 km); Sister Creek 1.0 mi (1.6 streams (Watershed Sciences LLC 2002). (1.1 km); Corkindale Creek 1.0 mi (1.6 km); Warm Creek 0.5 mi (0.8 km); (G) Wanlick Creek from the mouth km); Diobsud Creek 1.8 mi (2.9 km); and Wallace Creek 0.5 mi (0.8 km); Green upstream 4.5 mi (7.2 km) to the Alma Creek 0.9 mi (1.4 km). The Creek 0.5 mi (0.8 km); and Rankin Creek headwaters, and its tributaries; mainstem Skagit River and mouths of 0.6 mi (1.0 km). Bull trout have been Monument Creek (stream catalog #0324) listed and unlisted tributaries also documented in Clearwater and Warm upstream 0.5 mi (0.8 km) to a natural provide some post-dispersal rearing Creeks (Jim Johnston, WDFW, in litt. barrier; and Loomis Creek upstream 1.0 habitat. Nookachamps, Day, Jones, 1999; FERC 2002). The other identified mi (1.6 km) to its headwaters provide Alder, Grandy, Finney, Jackman, Rocky, streams are accessible from a known spawning and rearing habitat for the Corkindale, Diobsud, and Alma Creeks occupied stream, with historic use local population. Bull trout have been are known to be occupied by bull trout reported in Galbraith Creek (Pautzke documented in Wanlick, Monument, (WDFW 2002). 1943), and Sister and Rankin Creeks and Loomis Creeks (Ecotrust, in litt. Goodell Creek from the mouth (Norgore and Anderson 1921), and 2002; S. Zyskowski, pers comm. 2003). upstream approximately 9.9 mi (15.9 Wallace Creek (C. Kraemer, pers. comm. km) to a gradient barrier provides 2002). No recent surveys have been (iii) Lower Skagit CHSU spawning and rearing habitat for the conducted to specifically detect bull The Lower Skagit CHSU is located on local population. Newhalem Creek trout in these streams. Once improved the western slopes of the Cascade upstream 0.6 mi (1.0 km) to a natural fish passage at Bellingham Diversion Mountains. The Skagit River system barrier provides spawning and rearing (just upstream of Box Canyon) is initiates from British Columbia, Canada, habitat for the local population. Gorge completed, it is expected that and flows southwest into Ross Lake, a Lake (220 ac (89 ha)) upstream of Gorge amphidromous bull trout will be transboundary reservoir formed by Ross Dam provides FMO habitat for the restored to the upper Middle Fork Dam. Immediately below Ross Dam is Stetattle Creek potential local Nooksack River. As a result, the prey Diablo Lake, another reservoir formed population of adfluvial bull trout. This base will increase as salmon re-colonize behind Diablo Dam. The Skagit River lake may also provide some juvenile the river, and bull trout abundance will flows through one more reservoir (Gorge rearing habitat, especially near the

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00024 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules 35791

mouth of the lake’s spawning occupied by bull trout (WDFW et al. (F) South Fork Sauk River from the tributaries. Stetattle Creek from the 1997; WDFW 2002). confluence with the North Fork Sauk mouth upstream approximately 0.8 mi (D) Suiattle River from its confluence River upstream 10.9 mi (17.5 km) to its (1.3 km) to a natural barrier provides with the Sauk River upstream confluence with Glacier Creek and FMO habitat and spawning and rearing approximately 37.8 (60.8 km) to a Seventysix Gulch provides spawning habitat for the potential local natural barrier provides spawning and and rearing habitat for the Forks of Sauk population. rearing habitat upstream of river mile 30 River local population downstream of (B) Baker River from the confluence (lower extent of Upper Suiattle River Monte Cristo Lake, and for the Upper with the Skagit River upstream local population), and combined South Fork Sauk River local population approximately 11.6 mi (18.7 km) to a spawning, rearing, and FMO habitat in upstream from Monte Cristo Lake. natural barrier, provides combined its reaches downstream of river mile 30 Merry Brook Creek upstream 0.2 mi (0.3 spawning and rearing, and FMO habitat (WDFW 1998). Big Creek upstream 0.6 km) to a natural barrier; Bedal Creek upstream of its confluence with Baker mi (1.0 km) to a natural barrier provides upstream 3.2 mi (5.1 km) to its Lake, and FMO habitat in its reaches combined rearing and foraging habitat. headwaters; Chocwick Creek upstream downstream of Baker Lake. Lake The following tributaries provide 1.6 mi (2.6 km) to its headwaters; and Shannon (2,057 ac (832 ha)) and its spawning and rearing habitat for local Elliot Creek upstream 3.3 mi (5.3 km) to associated arms provide FMO habitat, bull trout populations, from their its confluence with its unnamed and Baker Lake (4,747 ac (1,921 ha)) and mouths upstream to a natural barrier, tributary (stream catalog #1216) its associated arms currently provide headwater, or confluence: Tenas Creek draining Ida Lake provide spawning and FMO habitat for the Baker Lake local 1.5 mi (2.4 km); Straight Creek 1.4 mi rearing habitat for the Forks of Sauk population of adfluvial bull trout. Baker (2.2 km), and its tributary Black Creek River local population. The following Lake may also provide some juvenile 1.0 mi (1.6 km); Buck Creek 7.6 mi (12.2 tributaries provide spawning and rearing habitat, especially near the km) to its headwaters, and its tributary rearing habitat for the Upper South Fork mouth of the lake’s spawning Horse Creek 1.6 mi (2.6 km) to the Sauk River local population, from their tributaries. Sulphur Creek upstream 1.1 mouth of its unnamed tributary (stream mouths or confluence upstream to a mi (1.8 km) to a natural barrier provides catalog #0839); Lime Creek natural barrier: Weden Creek 1.3 mi (2.1 the available spawning and rearing approximately 2.6 mi (4.2 km) to the km); Seventysix Gulch from the habitat for the Sulphur Creek (Lake mouth of Meadow Creek; Downey Creek confluence with Glacier Creek 1.0 mi 6.6 mi (10.6 km), and its tributary Goat Shannon) potential local population. (1.6 km); and Glacier Creek from the Creek 0.5 mi (0.8 km); Sulphur Creek The following tributaries provide confluence with Seventysix Gulch 1.3 6.0 mi (9.6 km); Milk Creek 3.2 mi (5.1 spawning and rearing habitat for the mi (2.1 km). All these streams are part km); Canyon Creek 0.8 mi (1.3 km); Baker Lake local population, from their of the current bull trout distribution Vista Creek 1.2 mi (1.9 km); Miners mouths or confluence upstream to a (WDFW et al. 1997; WDFW 2002). Creek 0.5 mi (0.8 km) to the mouth of (G) Illabot Creek from its confluence natural barrier: Park Creek from its an unnamed tributary (stream catalog with the Skagit River upstream confluence with Baker Lake 1.5 mi (2.4 #1049); Dusty Creek 3.2 mi (5.1 km) to approximately 13.7 (22.0 km) to km); Swift Creek from its confluence accessible headwaters; and Small Creek accessible headwaters, and its with Baker Lake 1.0 mi (1.6 km); Lake approximately 1.5 mi (2.4 km) to tributaries Arrow Creek upstream 1.3 mi Creek 0.5 mi (0.8 km); Sulphide Creek accessible headwaters. All these streams (2.1 km) to accessible headwaters; and 1.3 mi (2.1 km); Crystal Creek 0.5 mi are part of the current bull trout Otter Creek upstream 0.3 mi (0.5 km) to (0.8 km); Bald Eagle Creek 0.8 mi (1.3 distribution (WDFW 2002). a natural barrier provide spawning and km); and Pass Creek 0.4 mi (0.6 km). (E) White Chuck River from the rearing habitat for the local population. Bull trout have been documented in all confluence with the Sauk River (H) Cascade River from its confluence these streams, and in Baker Lake and upstream approximately 20.6 mi (33.1 with the Skagit River upstream Lake Shannon (R. Glesne, in litt. 1993; km) to a natural barrier provides approximately 18.2 mi (29.3 km) to the WDFW 1998, 2002; R2 Resource spawning and rearing habitat for the confluence of the North and South Consultants 2003; Emily Greenberg and Lower White Chuck River and Upper Forks of the Cascade River provides Marcus Appy, R2 Resource Consultants, White Chuck River local populations spawning and rearing habitat upstream Inc., in litt. 2003; S. Zyskowski, pers. (WDFW 2002). The following tributaries of river mile 16 for the Cascade River comm. 2003). provide spawning and rearing habitat local population, and combined rearing, (C) Sauk River from its confluence for the Lower White Chuck River local foraging, and migration habitat below with the Skagit River upstream population, from their mouths upstream river mile 16 (approximately mouth of approximately 38.9 mi (62.6 km) to the to a natural barrier: Black Oak Creek 0.6 Hard Creek). Jordan Creek upstream 0.5 confluence with the North and South mi (1.0 km); unnamed tributary (stream mi (0.8 km) to a natural barrier; Boulder Forks of Sauk River provides combined catalog #1119) 0.3 mi (0.5 km); Crystal Creek upstream 0.4 mi (0.6 km) to a spawning, rearing, and FMO habitat Creek 0.2 mi (0.3 km); Pugh Creek 0.6 natural barrier; and Marble Creek (WDFW et al. 1997) for local mi (1.0 km); Owl Creek 0.6 mi (1.0 km); upstream 1.6 mi (2.6 km) to a natural populations in the Sauk River system. and Camp Creek 1.0 mi (1.6 km). The barrier, provide combined rearing, Dan Creek upstream 2.9 mi (4.7 km) to following tributaries provide spawning foraging, and migration habitat. Kindy a natural barrier provides rearing and and rearing habitat for the Upper White Creek upstream 2.3 mi (3.7 km) to its FMO habitat. Falls Creek upstream 0.9 Chuck River local population, from their confluence with Mutchler Creek, and mi (1.4 km) to a natural barrier; and mouths upstream: Fire Creek 0.6 mi (1.0 Sonny Boy Creek upstream 2.8 mi (4.5 North Fork Sauk River from the km); Fourteenmile Creek 1.2 mi (1.9 km) km) to the extent of accessible confluence with the South Fork Sauk to its headwaters; Pumice Creek 4.4 mi headwater habitat provide spawning River upstream 1.1 mi (1.8 km) to North (7.1 km) to its headwaters; and Glacier and rearing habitat for the Cascade River Fork Falls provide spawning and rearing Creek 2.0 mi (3.2 km) to accessible local population. South Fork Cascade habitat for the Forks of Sauk River local headwaters. All these streams are part of River from the confluence with the population. Dan Creek, Falls Creek and the current bull trout distribution North Fork Cascade River, upstream 6.3 North Fork Sauk River are known to be (WDFW et al. 1997; WDFW 2002). mi (10.1 km) to the upper extent of

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00025 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 35792 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules

accessible headwater habitat provides confluence with Luna Creek (location of as critical habitat. Land ownership spawning and rearing habitat for the gradient barrier); Little Beaver Creek along the stream reaches proposed for South Fork Cascade River local from Ross Lake upstream approximately critical habitat is approximately 20 population. 12.9 mi (20.8 km) to a gradient barrier percent Federal, 11 percent State, and (I) Bacon Creek from its confluence just upstream of the confluence with 69 percent private. with the Skagit River upstream Pass Creek; and Silver Creek from Ross (A) The Stillaguamish River from its approximately 8.3 mi (13.3 km) to a Lake upstream approximately 4.4 mi mouth at Puget Sound (including South natural barrier, and its tributary East (7.1 km) to gradient barrier provide (1.1 mi (1.8 km)) and West (1.2 mi (1.9 Fork Bacon Creek from the confluence spawning and rearing habitat for the Big km)) Passes) upstream approximately with Bacon Creek upstream 4.0 mi (6.4 Beaver Creek, Little Beaver Creek, and 22.9 mi (35.8 km) through Hat Slough km) to the extent of accessible habitat Silver Creek local populations, (2.4 mi (3.9 km)) to the confluence of provide spawning and rearing habitat respectively. the North and South Forks and its for the local population. (B) Thunder Creek from Diablo Lake associated sloughs provides foraging upstream approximately 9.9 mi (15.9 and overwintering habitat, and an (iv) Upper Skagit CHSU km) to confluence with West Fork essential migratory corridor for The Upper Skagit CHSU is located on Thunder Creek provides spawning and amphidromous bull trout. the upper western slopes of the Cascade rearing habitat for the Thunder Creek (B) North Fork Stillaguamish River Mountains. The Skagit River system local population. Thunder Creek is part from its confluence with the South Fork initiates from British Columbia, Canada, of the current bull trout distribution Stillaguamish River upstream and flows southwest into Ross Lake, a (WDFW 2002). approximately 37.7 mi (60.7 km) to a transboundary reservoir formed by Ross (C) Ruby Creek from Ross Lake natural barrier provide rearing, foraging, Dam. Immediately below Ross Dam is upstream 4.2 mi (6.8 km) to the and overwintering habitat for the North Diablo Lake, another reservoir formed confluence of Granite and Canyon Fork Stillaguamish local population behind Diablo Dam. These reservoirs Creeks, and its tributary Granite Creek downstream from Boulder River, and provide foraging, migration, and upstream 2.4 mi (3.9 km) to a gradient spawning and rearing habitat for that overwintering habitat for adfluvial barrier provide part of the spawning and population upstream of Boulder River. It populations. A number of smaller rearing habitat for the local population. also provides an essential migratory tributaries feed into Ross Lake providing Panther Creek upstream approximately corridor for amphidromous bull trout. the spawning and rearing habitat for 7.0 mi (11.3 km) to its confluence with Boulder River 5.1 mi (8.2 km) to a that portion of the population within Gabriel Creek (location of gradient natural barrier provides spawning and the United States, whereas the upper barrier) provides spawning and rearing rearing habitat for the North Fork Skagit River and its tributaries provide habitat for the Ruby Creek local Stillaguamish River local population. the spawning and rearing habitat in population. Squire Creek from its mouth upstream Canada. The Upper Skagit CHSU (D) Canyon Creek upstream 9.0 mi 7.9 mi (12.7 km) provides rearing, includes Diablo Lake and its tributaries, (14.5 km) to a gradient barrier located foraging, and migration habitat, and and only those portions of Ross Lake approximately 1.0 mi (1.6 km) above the potentially spawning habitat. Bull trout and its associated tributaries within the confluence with North Fork Canyon have been documented in the North United States. A total of approximately Creek, and its tributary, Slate Creek Fork Stillaguamish River, Boulder River, 84 mi (135 km) of stream and 12,276 ac upstream 0.5 mi (0.8 km) to a gradient and Squire Creek (WDFW 1998; Pete (4,968 ha) of lake surface area in two barrier, provide part of the spawning Castle, WDFW, pers. comm. 2003; lakes is proposed as critical habitat. and rearing habitat for the Ruby Creek George Pess, NOAA-Fisheries, in litt. Land ownership along the stream local population. Bull trout have been 2003). reaches and lakes proposed for critical documented in Canyon and Slate (C) Deer Creek from the confluence habitat is 84 percent Federal and 16 Creeks. with the North Fork Stillaguamish River percent private. (E) Lightning Creek from Ross Lake upstream 18.7 mi (30.1 km) to natural (A) Diablo Lake (802 ac (325 ha)) and upstream 11.0 mi (17.7 km) to the barrier provides combined spawning, Ross Lake (11,474 ac (4,643 ha)) provide United States-Canadian border, and its rearing, foraging, and migration habitat foraging, migration, and overwintering tributary, Three Fools Creek, upstream for the Deer Creek local population. habitat for adfluvial bull trout in the 6.3 mi (10.1 km) to the confluence of Higgins Creek upstream 4.9 mi (7.9 km) Upper Skagit core area. Deer Creek from Castle Creek; and Trouble Creek forks to accessible headwaters provides Diablo Lake upstream 0.6 mi (1.0 km) to (location of a gradient barrier), provide spawning and rearing habitat for the a gradient change would provide spawning and rearing habitat for the local population. Bull trout have been spawning and rearing habitat for the local population. Bull trout have been documented in Deer Creek and Higgins potential local population established in documented in Lightning and Three Creek. Deer Creek. Bull trout were observed Fools Creeks. (D) South Fork Stillaguamish River spawning in this stream in 1976 (R. from its confluence with the North Fork Gkesne, in litt. 12993). Roland Creek (v) Stillaguamish CHSU Stillaguamish River upstream from Ross Lake upstream 1.5 mi (2.4 The Stillaguamish CHSU is located on approximately 49.8 mi (80.1 km) to km) to gradient barrier provides the western slopes of the Cascade accessible headwaters provides additional foraging and subadult rearing Mountains and includes the mainstem spawning and rearing habitat upstream habitat; Pierce Creek upstream 0.6 mi Stillaguamish River and its two major of Wiley Creek, and foraging and (1.0 km) to a natural barrier provides forks, the North and South Forks, and overwintering habitat downstream from spawning and rearing habitat for the their associated tributaries. The Wiley Creek. It also provides an Pierce Creek local population; Devil Stillaguamish River system flows west essential migratory corridor for Creek from Ross Lake upstream 1.5 mi from the Cascade Mountain Range amphidromous bull trout. Jim Creek (2.4 km) to a natural barrier provides towards Puget Sound, discharging into upstream 12.2 mi (19.6 km) to Cub additional foraging and subadult rearing Port Susan Bay at the north end of Creek provides some FMO habitat habitat; Big Beaver Creek from Ross Camano Island. A total of approximately outside of local populations for the Lake upstream 11.1 mi (17.9 km) to its 181 mi (291 km) of stream is proposed Stillaguamish core area. The South Fork

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00026 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules 35793

Stillaguamish River and mouths of bull trout. Pilchuck River upstream 35.5 Creek, South Fork Salmon Creek, and listed and unlisted tributaries also mi (57.1 km) to a natural barrier; Troublesome Creek (WDFW 1998). provide some post-dispersal rearing provides FMO habitat in the lower (E) South Fork Skykomish River from habitat. The following tributaries reaches of the Snohomish River. Bull its confluence upstream approximately provide spawning and rearing habitat trout have been documented in the 19.6 mi (31.5 km) to the confluence of for the local population, from their Snohomish and Pilchuck Rivers. the Tye and Foss Rivers provides FMO mouths upstream to a natural barrier: (B) Snoqualmie River from the mouth habitat in the South Fork Skykomish Big Four Creek 0.7 mi (1.1 km); Perry upstream approximately 39.3 mi (63.2 River system. The South Fork Creek 1.6 mi (2.6 km); Buck Creek 0.5 km) to Snoqualmie Falls; Tolt River Skykomish River also provides an mi (0.8 km); and Palmer Creek 0.7 mi upstream 8.4 mi (13.5 km) to confluence essential migratory corridor for (1.1 km). Bull trout have been of North and South Forks of the Tolt amphidromous bull trout. documented in Big Four, Perry, Buck, River; North Fork Tolt River upstream Beckler River upstream 12.2 mi (19.6 and Palmer Creeks (WDFW 2002; Karen 3.8 mi (6.1 km) to a natural barrier; and km) to a natural barrier provides Chang, USFS, in litt. 2003; Mark South Fork Tolt River upstream 8.1 mi spawning and rearing habitat for the Downen, WDFW, in litt. 2003). (13.0 km) to a natural barrier provide South Fork Skykomish River local (E) Canyon Creek from the confluence FMO habitat for the Snohomish- population. Bull trout recently have with the South Fork Stillaguamish River Skykomish core area. Bull trout have been documented spawning in the upstream 11.1 mi (17.9 km) to been documented in all of these Beckler River (C. Kraemer, in litt. confluence of North and South Forks identified streams (KCDNR 2000). 2003b). It is expected that as provides FMO habitat below the (C) The following tributaries provide amphidromous bull trout increase in unnamed tributary (stream catalog FMO habitat for the Snohomish- abundance, greater use of these streams #0365), and spawning and rearing Skykomish core area upstream from and other accessible tributaries to the habitat for the South Fork Canyon Creek their mouths or confluence: Skykomish South Fork Skykomish and Beckler local population upstream of this River from its confluence with the Rivers will occur. unnamed tributary. North Fork Canyon Snohomish and Snoqualmie Rivers 29.0 (F) Foss River upstream 4.3 mi (6.9 Creek from the confluence with the mi (46.7 km) to the confluence of the km) to the confluence of the East and South Fork upstream 0.5 mi (0.8 km) to North and South Forks; Sultan River 9.7 West Forks of Foss River provides a natural barrier; and South Fork mi (15.6 km) to Everett Diversion Dam; foraging and overwintering habitat and Canyon Creek from the confluence with Wallace River 8.9 mi (14.3 km) to potentially rearing habitat for the South the North Fork upstream 1.6 mi (2.6 km) Wallace Falls. The Skykomish River Fork Skykomish River local population. to a natural barrier just upstream of provides an essential migratory corridor It also provides an essential migratory Saddle Creek provide spawning and for amphidromous bull trout. Bull trout corridor for amphidromous bull trout. rearing habitat for the local population. have also been identified in the Sultan East Fork Foss River upstream 1.0 mi Bull trout have been documented in and Wallace Rivers (1.6 km) to a natural barrier provides Canyon Creek, and the North and South (D) The following tributaries provide habitat for spawning and rearing for the Forks of Canyon Creek. spawning and rearing habitat for the South Fork Skykomish River local North Fork Skykomish local population population. Bull trout have been (vi) Snohomish-Skykomish CHSU and extended rearing habitat for the documented in the East Fork Foss River The Snohomish-Skykomish CHSU is Salmon Creek local population in the (WDFW 1998). It is expected that as located on the western slopes of the Snohomish-Skykomish core area, from amphidromous bull trout increase in Cascade Mountains and includes the their mouths upstream to a natural abundance, greater use of these streams mainstem Snohomish River, the lower barrier or falls: North Fork Skykomish and other accessible tributaries will Snoqualmie River, mainstem Skykomish River approximately 19.0 mi (30.6 km) occur. River and its two major forks, the North to a natural barrier falls located between and South Forks, and associated Goblin and Quartz Creeks; Trout Creek (vii) Chester Morse Lake CHSU tributaries accessible to bull trout. The 3.7 mi (5.9 km); West Cady Creek 0.7 mi The Chester Morse Lake CHSU is Snohomish-Skykomish River system (1.1 km); and Goblin Creek 0.4 mi (0.6 located in the upper Cedar River flows west from the Cascade Mountain km). The North Fork Skykomish River watershed above a natural migration Range towards Puget Sound, also provides an essential migratory barrier, Lower Cedar Falls. This is a discharging into Possession Sound near corridor for amphidromous bull trout. municipal watershed, providing the the city of Everett. A total of Salmon Creek upstream 2.5 mi (4.0 km) major source of water for the City of approximately 254 mi (409 km) of to a natural barrier, and South Fork Seattle and surrounding communities stream is proposed as critical habitat. Salmon Creek upstream 0.5 mi (0.8 km) within King County. The Chester Morse Land ownership along the stream to a natural barrier provide spawning Lake CHSU includes Chester Morse reaches proposed for critical habitat is and rearing habitat for the local Lake and its major tributaries, the Cedar 17 percent Federal, 8 percent State, less population. Troublesome Creek and Rex Rivers, and a number of their than 1 percent Tribal, and 75 percent upstream approximately 3.2 mi (5.1 km) associated tributaries. It also includes private (including county and city to a natural barrier provides spawning several minor tributaries to Chester ownership). and rearing habitat for the Troublesome Morse Lake. A total of approximately 16 (A) The Snohomish River from its Creek local population of resident bull mi (26 km) of stream and 1,971 ac (798 mouth at Puget Sound upstream 20.1 mi trout upstream of the amphidromous ha) of lake surface area is proposed as (32.3 km) to the confluence of the barrier at rmi 0.25 (0.4 km), and critical habitat. Land ownership along Skykomish and Snoqualmie Rivers, additional spawning and rearing habitat the stream reaches and lake proposed including Ebey Slough (13.2 mi (21.2 for the North Fork Skykomish River for critical habitat is 100 percent private km)), Steamboat Slough (5.9 mi (9.5 local population downstream of the (consists primarily of city ownership). km)), and Union Slough (4.9 mi (7.9 amphidromous barrier. Bull trout have (A) Chester Morse Lake (1,769 ac (716 km)), provide foraging and been documented in North Fork ha)) includes Masonry Pool (202 ac (82 overwintering habitat, and an essential Skykomish River, Trout Creek, West ha)) and the main lake. Chester Morse migratory corridor for amphidromous Cady Creek, Goblin Creek, Salmon Lake provides the only FMO habitat for

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00027 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 35794 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules

the population of adfluvial bull trout in reaches proposed for critical habitat is the confluence with the Clearwater the core area (WDFW 1998). The lake 33 percent Federal, 2 percent State, 5 River, and combined rearing and FMO shoreline also supports juvenile rearing, percent Tribal, and 60 percent private. habitat, and potentially spawning especially near the mouths of the (A) The Puyallup River from its habitat upstream of the confluence. The spawning tributaries. Rack Creek from mouth at Puget Sound upstream following tributaries provide spawning its confluence with Chester Morse Lake approximately 46.2 mi (74.3 km) to the and rearing habitat for the White River upstream 0.5 mi (0.8 km) to a natural confluence of the North and South local population from their mouths barrier provides spawning and rearing Puyallup Rivers provides FMO habitat upstream to a natural barrier or habitat for the local population. Shotgun for the Puyallup core area. It also headwaters: Huckleberry Creek 7.1 mi Creek from its confluence with Chester provides an essential migratory corridor (11.4 km); Silver Springs (near Silver Morse Lake upstream 0.3 mi (0.5 km) to for amphidromous bull trout. The Creek) 0.2 mi (0.3 km); Crystal Creek 1.0 natural barrier provides spawning and Puyallup River tributary, Niesson Creek mi (1.6 km); Klickitat Creek 0.5 mi (0.8 rearing habitat for the potential local upstream 2.4 mi (3.9 km) to a natural km); unnamed tributary (stream catalog barrier, provides FMO habitat for the population. Bull trout have been #0364) 0.8 mi (1.3 km); and Fryingpan lower Puyallup River. The following documented in the lake and in both Creek 3.8 mi (6.1 km) to accessible upper Puyallup River tributaries Rack and Shotgun Creeks (Dwayne headwaters provide spawning and Paige, Seattle Public Utilities, in litt. provide spawning and rearing habitat rearing habitat for the local population. 2003). for the Upper Puyallup and Mowich (B) The following tributaries provide Rivers local population, from their Bull trout have been documented in spawning and rearing habitat, from their mouths upstream: Deer Creek 2.8 mi Huckleberry Creek, Silver Springs, mouths or confluence upstream to a (4.5 km) to a natural barrier; Swift Creek Crystal Creek, Klickitat Creek, stream natural barrier or confluence: Cedar 0.6 mi (1.0 km) to a natural barrier; #3064, and Fryingpan Creek (Eugene River from its confluence with Chester South Puyallup River from the Stagner, Service, pers comm. 2003; Morse Lake 8.0 mi (12.9 km) to its confluence with the North Puyallup MRMP, in litt. 2001; Marks et al. 2002). confluence with the North and South River 7.7 mi (12.4 km) to the Clearwater River from the confluence Forks of the Cedar River, including headwaters; and its tributary, St. with the White River 6.5 mi (10.4 km) slough and side channel habitat in the Andrews Creek, 3.1 mi (5.0 km) to the upstream to a natural barrier provides lower river; unnamed tributary (stream headwaters. Bull trout have been spawning and rearing habitat for the catalog #0439) 0.1 mi (0.2 km); North documented in all these streams Clearwater River potential local Fork Cedar River from the confluence (Barbara Samora, Mount Rainier population, and additional FMO habitat with the South Fork 0.7 mi (1.1 km); National Park, in litt. 2001; WDFW for the Puyallup core area. Bull trout and South Fork Cedar River from the 2002). have been documented in the lower confluence with the North Fork 0.8 mi (B) Mowich River from its confluence Clearwater River (Travis Nelson, (1.3 km) to a manmade barrier. Bull with the Puyallup River 7.5 mi (12.1 WDFW, in litt. 2003). trout have been documented in all these km) to the confluence of the North and streams (D. Paige, in litt. 2003). South Mowich Rivers; South Mowich (E) The following tributaries provide (C) Rex River from its confluence with River 4.1 mi (6.6 km) to the headwaters spawning and rearing habitat for the Chester Morse Lake upstream 3.1 mi provide spawning and rearing habitat Greenwater River local population, from (5.0 km) to a natural barrier, and its for the Upper Puyallup and Mowich theirs mouth or confluence upstream to tributaries, Cabin Creek upstream 0.8 mi Rivers local population. Bull trout have a natural barrier: Greenwater River from (1.3 km) to a natural barrier; and been documented in the Mowich and the confluence with the White River Lindsay Creek upstream 0.3 mi (0.5 km) South Fork Mowich Rivers (B. Samora, 12.5 mi (20.1 km); Midnight Creek to a natural barrier provide spawning in litt. 2001). (stream catalog #0126) 1.4 mi (2.2 km); and rearing habitat for the local (C) Carbon River from the confluence Slide Creek 0.7 mi (1.1 km); and population in the Chester Morse Lake with the Puyallup River upstream Pyramid Creek 1.3 mi (2.1 km). Bull core area. Boulder Creek from its approximately 30.4 mi (48.9 km) to trout have been documented in the confluence with the Rex River upstream accessible headwaters near the mouth of Greenwater River, Midnight, Slide, and 1.5 mi (2.4 km) to a natural barrier Spukwush Creek provides spawning Pyramid Creeks (USFS, in litt. 1990, in provides spawning and rearing habitat and rearing habitat for the Carbon River litt. 1991). local population upstream of river mile for the local population. Bull trout have (F) The following tributaries provide been documented in all these streams 15 (top of canyon reach near Fairfax spawning and rearing habitat for the (D. Paige, in litt. 2003). Bridge), and FMO habitat downstream of river mile 15. The Carbon River West Fork White River local population (viii) Puyallup CHSU provides an essential migratory corridor from their mouths or confluence The Puyallup CHSU is located on the for amphidromous bull trout. The upstream to a natural barrier: West Fork western slopes of the Cascade following tributaries provide spawning White River from the confluence with Mountains. The Puyallup River system and rearing habitat for the local the White River upstream 16.0 mi (25.7 is fed primarily by the glaciers of Mount population from their mouths upstream km); Cripple Creek 0.8 mi (1.3 km); Rainier, and flows west discharging into to a natural barrier or falls: Ranger Creek unnamed tributary (stream catalog Puget Sound at Commencement Bay 1.0 mi (1.6 km) to Ranger Falls; Chenuis #0217) 0.5 mi (0.8 km); unnamed adjacent to the city of Tacoma. The Creek 0.1 mi (0.2 km) to Chenuis Falls; tributary (stream catalog #0234) 0.5 mi Puyallup CHSU includes the Puyallup and Ipsut Creek 0.7 mi (1.1 km) to Isput (0.8 km); its unnamed tributary (stream River and its two major tributary Falls. Bull trout have been documented catalog #0226) 0.4 mi (0.6 km); and Lodi systems, the White River and Carbon in Ranger, Chenuis, and Isput Creeks (B. Creek 1.8 mi (2.9 km) to Afi Falls. Bull River, and their associated tributaries Samora, in litt. 1998; Marks et al. 2002). trout have been documented in the West accessible to bull trout. A total of (D) White River from its confluence Fork White River, Cripple Creek, stream approximately 235 mi (378 km) of with Puyallup River upstream 72.2 mi #0217, stream #0226, stream #0234, and stream is proposed as critical habitat. (116.2 km) to the mouth of Inter Fork Lodi Creek (USFS, in litt. 1982; B. Land ownership along the stream provides FMO habitat downstream of Samora, in litt. 2002).

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00028 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules 35795

(ix) Samish CHSU been documented in various areas of overwintering habitat for The Samish CHSU is located in the Lake Washington and in the fish ladder amphidromous bull trout outside of Puget Sound lowlands with its at Ballard Locks (KCDNR 2000; Hans currently designated core areas. The headwaters in the broad flat valley floor Berge, in litt. 2003). amphidromous bull trout currently observed in this system and those likely above Wickersham. The Samish River (xi) Lower Green CHSU system flows southwest towards Puget to use this system in the future, are The Lower Green CHSU includes the believed to be from other core areas Sound, discharging into Samish Bay. Duwamish and Green Rivers and The Samish CHSU includes the Samish within Puget Sound (e.g., Puyallup, associated tributaries below Tacoma’s Snohomish-Skykomish). A total of River, its major tributary, Friday Creek, Headworks Diversion Dam. The Green approximately 40 mi (64 km) of stream and other associated tributaries. The River is a productive salmon system, is proposed as critical habitat. Land amphidromous bull trout using this initiating in the Cascade Mountains ownership along the stream reaches productive salmon system are likely flowing west into Howard Hansen proposed for critical habitat is 33 from several core areas within Puget Reservoir. It is free flowing below the percent Federal, 13 percent Tribal, and Sound (e.g., Nooksack, Lower Skagit, City of Tacoma’s Headworks Diversion 54 percent private. Stillaguamish). A total of approximately Dam (located approximately 4.5 mi (7.2 (A) The Nisqually River from the 24 mi (39 km) of stream is proposed as km) downstream of Howard Hansen mouth at Puget Sound upstream 40.1 mi critical habitat. Land ownership along Dam) eventually becoming the (64.5 km) to La Grande Dam provides the stream reaches proposed for critical Duwamish River before discharging into FMO habitat for amphidromous bull habitat is 100 percent private. Elliott Bay. This system supports trout outside of currently delineated (A) The Samish River from the mouth foraging, migration, and overwintering core areas in the Puget Sound Recovery at Puget Sound, upstream 23.8 mi (38.3 habitat for amphidromous bull trout Unit. Although bull trout are now rarely km) to an unnamed tributary (stream outside of currently designated core observed in the Nisqually River (WDFW catalog #0079), provides FMO habitat areas. The amphidromous bull trout 1998; John Barr, Nisqually Tribe, pers. for amphidromous bull trout outside of using this system are likely from several comm. 2003), historic accounts (Suckley currently delineated core areas in the core areas within Puget Sound in close and Cooper 1860) suggest that bull trout Puget Sound Recovery Unit. Bull trout proximity to this system (e.g., Puyallup, were much more abundant and likely have been documented in the Samish Snohomish-Skykomish) and perhaps used this system for spawning and River since at least the 1970s (C. even from core areas further away. rearing in the past. It is expected that Kraemer, in litt. 2003c; Dean Toba, Historic accounts (Suckley and Cooper amphidromous bull trout use of the WDFW, pers. comm. 2003). 1860) suggest that bull trout were much Nisqually River will increase (x) Lake Washington CHSU more abundant in the Green River and significantly as bull trout populations likely used this system for spawning recover in the Puyallup core area. The Lake Washington CHSU lies and rearing in the past. A total of within central Puget Sound. Lake approximately 62 mi (100 km) of stream (xiii) Puget Sound Marine CHSU Washington is connected to Puget is proposed as critical habitat. Land The estuarine and marine waters of Sound by the Lake Washington Ship ownership along the stream reaches Puget Sound provide foraging and Canal, which flows into Salmon Bay proposed for critical habitat is 18 migration habitat for amphidromous through the Ballard Locks system in percent State, and 82 percent private bull trout outside of freshwater core Seattle. The Lake Washington CHSU (including city ownership). areas. Amphidromous bull trout use includes Lake Washington, Cedar and (A) Duwamish River from the mouth nearshore habitat along the eastern Sammamish Rivers, and associated at Puget Sound (including the East and shore of Puget Sound from the Canadian tributaries. It does not include the upper West Waterways) upstream 13.1 mi border south to the Nisqually River Cedar River basin above Cedar Falls. (21.1 km) to the Black River, and the delta. Bull trout have also been This productive salmon system supports Green River from the confluence of the documented using nearshore habitat of bull trout foraging, migration, and Black River upstream 48.9 mi (78.7 km) islands along this eastern shore, overwintering habitat for to the City of Tacoma’s Headworks especially in the northern part of the amphidromous bull trout outside of Diversion Dam provides FMO habitat sound. The extent of bull trout use along currently designated core areas. The for amphidromous bull trout outside of the western Puget Sound shoreline is bull trout using this system are likely currently delineated core areas in the not well known, but currently available from several core areas within Puget Puget Sound Recovery Unit. Bull trout information suggest it is used to a much Sound in close proximity to this system have been documented in both the lesser degree. The current distribution (e.g., Stillaguamish, Snohomish- Duwamish and Green Rivers (KCDNR data for bull trout most likely under Skykomish) and perhaps from core areas 2000; Berge and Mavros 2001; Jim represents the amount of occupied further away. A total of approximately Shannon, Taylor Associates, Inc., in litt. marine nearshore habitat, due to the 22,951 ac (9,288 ha) of lake surface area 2001). depressed status of some amphidromous is proposed as critical habitat. Land bull trout populations, the seasonal and ownership around the lakes proposed (xii) Lower Nisqually CHSU temporal variability in their migratory for critical habitat is 1 percent Federal, The Lower Nisqually CHSU includes behavior, and perhaps most 3 percent State, and 96 percent private the Nisqually River and associated importantly, the difficulty of sampling (including county and city ownership). tributaries below La Grande Dam. The for subadult and adult life stages in (A) Lake Washington (21,915 ac Nisqually River system, fed primarily by large estuarine and marine (8,869 ha), including the Ship Canal and the glaciers of Mount Rainier, flows environments. The Puget Sound Marine Lake Union (1,036 ac (419 ha)) between west to Alder Lake and through Alder CHSU includes the estuarine and the Ballard Locks and Lake Washington, and La Grande Dams before discharging nearshore areas along Puget Sound provide FMO habitat for amphidromous into Puget Sound at the Nisqually River shorelines. A total of approximately 566 bull trout outside of currently Delta at the Nisqually National Wildlife mi (911 km) of marine and estuarine delineated core areas in the Puget Refuge. The Nisqually River system shoreline is proposed as critical habitat. Sound Recovery Unit. Bull trout have supports foraging, migration, and Land ownership along marine nearshore

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00029 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 35796 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules

proposed for critical habitat is 3 percent drainage is currently confined to only a spawning streams documented within Federal, 6 percent State, 15 percent minor portion of the U.S. habitat. the basin. Tribal, and 76 percent private The total stream distance proposed for (D) The lower 8.2 mi (13.2 km) of (including county and city ownership). designation as critical habitat in Otatso Creek, from its junction with (A) The eastern shoreline of Puget Montana is about 88 mi (142 km), and Kennedy Creek to a natural barrier Sound (north) (129.4 mi (208.2 km)), the lakes have a surface coverage of located near the Glacier National Park including associated bays and estuaries, about 6,295 ac (2,548 ha). All areas boundary with the Blackfeet Indian and Swinomish Channel (6.5 mi (10.5 proposed as critical habitat are currently Reservation, provides rearing and km)) from the Canadian border to considered regularly occupied by bull potential spawning habitat for bull trout Harbor Park (Fidalgo Island), and from trout, based on recent historical records. that most likely emigrate from upstream Sares Head (Fidalgo Island) to Nisqually waters isolated above barriers in Otatso Head at the southern end of the (i) Saint Mary River CHSU Creek, or from adjacent Kennedy Creek Nisqually River Delta provide important The Saint Mary River CHSU includes or other downstream waters. marine foraging and migration habitat the Saint Mary River drainage in (E) Swiftcurrent Creek, from its for amphidromous bull trout. northwest Montana in its entirety. The junction with Lower Saint Mary Lake (B) The shoreline of Lummi Island drainage originates along the east slopes upstream 5.7 mi (9.2 km) to Sherburne (eastern shoreline from Village Point to of the Rocky Mountains, with most of Dam provides FMO habitat for Carter Point) (13.4 mi (21.6 km)), the headwaters emanating from the migratory bull trout. Portage Island (8.0 mi (12.9 km)), peaks and glacial lakes of Glacier (F) Boulder Creek, from its junction Guemes Island (eastern shoreline from National Park. The Saint Mary River with Swiftcurrent Creek upstream 13.1 Southeast Point to Clark Point) (6.1 mi flows directly north into Canada, where mi (21.1 km) to its headwaters (9.8 km)), Whidbey Island (eastern it joins the Belly and Waterton River (unnamed lakes at the base of Mount shoreline from north end of West Beach drainages to form the Oldman River. Siyeh) provides rearing habitat, and is to Possession Point) (91.1 mi (146.6 Eventually, the Saint Mary River waters one of two primary spawning streams used by migratory bull trout within the km)), Hope Island (2.5 mi (4.0 km)), flow into Hudson Bay via the South basin. Goat Island (1.8 mi (2.9 km)), Ika Island Saskatchewan River system. The entire (G) Divide Creek, from its junction (2.3 mi (3.7 km)), Gedney Island (4.2 mi U.S. portion of the Saint Mary River (6.8 km)), and Vashon Island with the reach of the Saint Mary River drainage is located in Glacier County, between the Saint Mary lakes to a (southeastern shoreline from northeast Montana. Summerhurst to Neill Point) (16.3 mi natural barrier located 9.2 mi (14.8 km) Land ownership in this CHSU is (26.2 km)) provide marine foraging and upstream in the headwaters west of primarily public land. Land ownership migration habitat for amphidromous White Calf Mountain provides spawning along the streams proposed for critical bull trout. Bull trout have been and rearing habitat. habitat designation is about evenly split documented in nearshore areas around (H) The two interconnected basins of between about 45 percent that are in Lummi, Whidbey, and Ika Islands. The Slide Lakes (45 ac (18 ha)) provide FMO Glacier National Park and about 44 remaining identified island shorelines habitat for the disjunct Slide Lakes core percent that are in Blackfeet Tribal are presumed occupied based on their area. The following reaches provide ownership. The remaining 10 percent is proximity to known occupied areas, use spawning and rearing habitat for in private ownership. documented along similar shorelines, resident and/or migratory bull trout: the (A) The entire mainstem of the Saint and forage fish availability. major tributary to Otatso Lake, upper Mary River in the U.S. is proposed for Otatso Creek (1.0 mi (1.6 km)), Unit 29: Saint Mary-Belly River designation as critical bull trout FMO extending from Slide Lakes to an We are proposing to designate critical habitat, from the U.S./Canada border unnamed barrier falls, including a short habitat for bull trout in 17 identified 15.5 mi (24.9 km) upstream to Lower reach of stream between the lake basins stream segments and six lakes in the Saint Mary Lake, including the basins of (0.2 mi (0.3 km)). A reach of Otatso Saint Mary River CHSU in Montana, Lower Saint Mary Lake (2,189 ac (886 Creek (1.1 mi (1.8 km)) extending and an additional single stream in the ha)) and Saint Mary Lake (3,883 ac downstream from Slide Lakes to the Belly River CHSU. The Saint Mary River (1,571 ha)) to their high water marks, natural barrier at the Reservation CHSU contains five core areas and eight and also the 1.1 mi (1.8 km) portion of Boundary. local populations of bull trout, and the the Saint Mary River between the lakes. (I) The basin of Cracker Lake (42 ac Belly River CHSU includes only one The 0.6 mi (1.0 km) reach of the Saint (17 ha)) provides FMO habitat for a core area and a single local population Mary River upstream of Saint Mary Lake reproducing population of bull trout in the headwaters of the North Fork to the base of Saint Mary Falls, provides believed to have been introduced in the Belly River. spawning and rearing habitat for bull early 20th century. Its tributary, Canyon Within the Saint Mary-Belly River trout. Creek, either upstream of the lake to its Recovery Unit, the documented (B) Portions of the mainstem of Lee glacial outwash headwaters (0.7 mi (1.1 historical distribution of bull trout is Creek (4.4 mi (7.1 km)), its tributary Jule km)) or downstream (4.1 mi (6.6 km)) to nearly basin wide, with the exception of Creek (2.6 mi (4.2 km)), and the Middle the impounded pool of Lake Sherburne blocked headwater areas (natural Fork Lee Creek (2.7 mi (4.3 km)) from provides spawning and rearing habitat, barriers) that occur with frequency in the U.S./Canada border upstream to though documentation is currently this rugged terrain. Within the U.S. identified natural or man-caused fish limited. portion of the Saint Mary River passage barriers in their upper reaches (J) The basin of Red Eagle Lake (136 drainage, most major streams and lakes provide spawning and rearing habitat ac (55 ha)) is FMO habitat for the are occupied by bull trout. for bull trout that migrate from Canada. disjunct Red Eagle Lake core area. Its As a result of the extreme topography (C) Kennedy Creek (13.7 mi (22.0 tributary, Red Eagle Creek, to an in the high peaks of the Belly River km)), from its confluence with the Saint unnamed barrier falls 1.2 mi (1.9 km) headwaters, major portions of Glacier Mary River to a natural barrier at the upstream from the lake provides National Park were historically fishless outlet of Poia Lake provides rearing spawning and rearing habitat. About 1.0 and bull trout occupancy in that habitat, and is one of two primary mi (1.6 km) of Red Eagle Creek

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00030 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules 35797

downstream from the lake may function by the proposed action. The substantial new information or changes as spawning and rearing habitat for this conservation recommendations in a in the action alter the content of the core area, and it is contiguous with the conference report are advisory. If a opinion (see 50 CFR 402.10(d)). portion of Red Eagle Creek described for species is listed or critical habitat is Activities on Federal lands that may the Saint Mary River core area designated, section 7(a)(2) requires affect the bull trout or its critical habitat downstream. Federal agencies to ensure that activities will require consultation under section they authorize, fund, or carry out are not 7 of the Act. Activities on private, State, (ii) Belly River CHSU likely to jeopardize the continued county, or lands under local The Belly River CHSU includes the existence of such a species or to destroy jurisdictions requiring a permit from a headwaters of the Belly River drainage or adversely modify its critical habitat. Federal agency, such as a permit from in the northeast corner of Glacier If a Federal action may affect a listed the Corps under section 404 of the Clean National Park in Glacier County, species or its critical habitat, the Water Act, or some other Federal action, northwest Montana. The drainage responsible Federal agency (action including funding (e.g., Federal originates in glaciated lakes on the east agency) must enter into consultation Highway Administration (FHA), Federal slopes of the Rocky Mountains. Due to with us. Through this consultation, the Aviation Administration, or Federal natural barriers, these lakes historically action agency ensures that the permitted Emergency Management Agency were mostly fishless. The Belly River actions do not destroy or adversely (FEMA)), will continue to be subject to flows directly north into Canada, where modify critical habitat. the section 7 consultation process. it joins the Waterton River drainage to When we issue a biological opinion Federal actions not affecting listed the west and Saint Mary River drainage concluding that a project is likely to species or critical habitat, and actions to the east to form much of the result in the destruction or adverse on non-Federal lands that are not headwaters of the Oldman River basin. modification of critical habitat, we also federally funded or permitted, do not Eventually, the Belly River waters flow provide reasonable and prudent require section 7 consultation. into Hudson Bay via the South alternatives to the project, if any are Section 4(b)(8) of the Act requires us Saskatchewan River system. identifiable. ‘‘Reasonable and prudent to briefly evaluate and describe, in any The entire headwaters portion of the alternatives’’ are defined at 50 CFR proposed or final regulation that Belly River drainage lies in Glacier 402.02 as alternative actions identified designates critical habitat, those National Park, with 100 percent of the during consultation that can be activities involving a Federal action that land in Federal ownership. The Draft implemented in a manner consistent may adversely modify such habitat, or Recovery Plan (Service 2002) identified with the intended purpose of the action, that may be affected by such a single core area and only one local that are consistent with the scope of the designation. Activities that may destroy population of bull trout in the North Federal agency’s legal authority and or adversely modify critical habitat Fork Belly River drainage in this jurisdiction, that are economically and include those that appreciably reduce recovery unit as essential to recovery. technologically feasible, and that the the value of critical habitat for the The North Fork Belly River mainstem Director believes would avoid conservation of the bull trout. Within in the U.S., from the international destruction or adverse modification of critical habitat, this pertains only to border with Canada upstream to Miche critical habitat. Reasonable and prudent those areas containing the primary Wabun Falls (1.5 mi (2.4 km)), is well- alternatives can vary from slight project constituent elements. We note that such documented as the only spawning and modifications to extensive redesign or activities may also jeopardize the rearing habitat for bull trout in this core relocation of the project. Costs continued existence of the species. area. The spawning fish migrate up the associated with implementing a To properly portray the effects of Belly River from FMO habitat located reasonable and prudent alternative are critical habitat designation, we must primarily in Alberta. similarly variable. first compare the requirements pursuant Regulations at 50 CFR 402.16 require to section 7 of the Act for actions that Effects of Critical Habitat Designation Federal agencies to reinitiate may affect critical habitat with the Section 7 of the Act requires Federal consultation on previously reviewed requirements for actions that may affect agencies, including the Service, to actions in instances where critical a listed species. Section 7 of the Act ensure that actions they fund, authorize, habitat is subsequently designated and prohibits actions funded, authorized, or or carry out are not likely to destroy or the Federal agency has retained carried out by Federal agencies from adversely modify critical habitat. discretionary involvement or control jeopardizing the continued existence of Section 7(a) of the Act requires over the action or such discretionary a listed species or destroying or Federal agencies, including the Service, involvement or control is authorized by adversely modifying the listed species’ to evaluate their actions with respect to law. Consequently, some Federal critical habitat. Actions likely to any species that is proposed or listed as agencies may request reinitiation of ‘‘jeopardize the continued existence’’ of endangered or threatened and with consultation or conference with us on a species are those that would respect to its critical habitat, if any is actions for which formal consultation appreciably reduce the likelihood of the proposed or designated. Regulations has been completed, if those actions species’ survival and recovery. Actions implementing this interagency may affect designated critical habitat or likely to ‘‘destroy or adversely modify’’ cooperation provision of the Act are adversely modify or destroy proposed critical habitat are those that would codified at 50 CFR part 402. Section critical habitat. appreciably reduce the value of critical 7(a)(4) of the Act requires Federal We may issue a formal conference habitat for the survival and recovery of agencies to confer with us on any action report if requested by a Federal agency. the listed species. that is likely to jeopardize the continued Formal conference reports on proposed Common to both definitions is an existence of a proposed species or result critical habitat contain an opinion that appreciable detrimental effect on both in destruction or adverse modification is prepared according to 50 CFR 402.14, survival and recovery of a listed species. of proposed critical habitat. Conference as if critical habitat were designated. We Given the similarity of these definitions, reports provide conservation may adopt the formal conference report actions likely to destroy or adversely recommendations to assist the agency in as the biological opinion when the modify critical habitat would often eliminating conflicts that may be caused critical habitat is designated, if no result in jeopardy to the species

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00031 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 35798 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules

concerned when the area of the (3) Significant and detrimental information available, and to consider proposed action is occupied by the altering of the channel morphology of the economic impact, impact to national species concerned. any of the proposed stream segments. security, and other relevant impacts of A number of Federal activities have Possible actions would include designating a specific area as critical the potential to destroy or adversely channelization, impoundment, road and habitat. We may exclude areas from modify critical habitat for the bull trout. bridge construction, deprivation of critical habitat upon a determination These activities may include: substrate source, destruction and that the benefits of such exclusions (1) Land and water management alteration of aquatic or riparian outweigh the benefits of specifying such actions of Federal agencies (e.g., Corps, vegetation, reduction of available areas as critical habitat. We cannot Bureau of Reclamation, USFS, BLM, floodplain, removal of gravel or exclude such areas from critical habitat Natural Resources Conservation Service, floodplain terrace materials, excessive when such exclusion will result in the and Bureau of Indian Affairs) and sedimentation from mining, livestock extinction of the species. related or similar actions of other grazing, road construction, timber We will conduct an analysis of the Federally regulated projects (e.g., road harvest, off-road vehicle use, and other economic impacts of designating these and bridge construction activities by the watershed and floodplain disturbances. areas as critical habitat prior to making FHA; We note that such actions in the upper a final determination. We will announce (2) Dredge and fill projects, sand and watershed (beyond the riparian area) the availability of the draft economic gravel mining, and bank stabilization may also destroy or adversely modify analysis as soon as it is completed, at activities conducted or authorized by critical habitat. For example, timber which time we will seek public review the Corps; and harvest activities and associated road and comment. At that time, copies of (3) National Pollutant Discharge construction in upland areas can lead to the draft economic analysis will be Elimination System permits authorized changes in channel morphology by available for downloading from the by the Environmental Protection Agency altering sediment production, debris Internet at http://pacific.fws.gov/ (EPA)). loading, and peak flows; bulltrout, or by contacting the John Specifically, activities that may (4) Significant and detrimental destroy or adversely modify critical Young, Bull Trout Coordinator directly alterations to the water chemistry in any (see ADDRESSES section). habitat are those that alter the primary of the proposed stream segments. constituent elements to an extent that We will also evaluate the potential Possible actions would include release impacts of this proposed designation on the value of critical habitat for both the of chemical or biological pollutants into survival and recovery of the bull trout any relevant factors, including but not the surface water or connected limited to, national security, tribal is appreciably reduced. Activities that, groundwater at a point source or by when carried out, funded, or authorized nations, and conservation partnerships dispersed release (non-point); and programs that benefit the bull trout. by a Federal agency, may destroy or (5) Activities that are likely to result adversely modify critical habitat for bull in the introduction, spread, or Peer Review trout include, but are not limited to: augmentation of nonnative aquatic (1) Significant and detrimental In accordance with our joint policy species in any of the proposed stream published in the Federal Register on altering of the existing regime of any of segments. Possible actions would the proposed stream segments. Possible July 1, 1994 (59 FR 34270), we will seek include fish stocking for sport, the expert opinions of at least three actions would include groundwater aesthetics, biological control, or other pumping, impoundment, water appropriate and independent specialists purposes; use of live bait fish; regarding this proposed rule. The diversion, and hydropower generation. aquaculture; construction and operation (2) Alterations to the proposed stream purpose of such review is to ensure that of canals; and interbasin water transfers; our critical habitat designation is based segments that could indirectly cause and significant and detrimental effects to on scientifically sound data, (6) Activities likely to create assumptions, and analyses. We will bull trout habitat. Possible actions significant instream barriers to bull trout include vegetation manipulation, timber send these peer reviewers copies of this movement. Possible actions would proposed rule immediately following harvest, road construction and include water diversions, maintenance, prescribed fire, livestock publication in the Federal Register. We impoundments, and hydropower will invite these peer reviewers to grazing, off-road vehicle use, powerline generation where effective fish passage or pipeline construction and repair, comment, during the public comment facilities are not provided. period, on the specific assumptions and mining, and urban and suburban If you have questions regarding development. Riparian vegetation conclusions regarding the proposed whether specific activities will likely designation of critical habitat. profoundly influences instream habitat constitute destruction or adverse conditions by providing shade, organic We will consider all comments and modification of critical habitat, contact information received during the matter, root strength, bank stability, and the Field Supervisor of the nearest Fish large woody debris inputs to streams. comment period on this proposed rule and Wildlife Ecological Services Office. during preparation of a final These characteristics influence water Requests for copies of the regulations on temperature, structure and physical rulemaking. Accordingly, the final listed wildlife, and inquiries about decision may differ from this proposal. attributes (useable habitat space, depth, prohibitions and permits may be width, channel roughness, cover addressed to the Division of Endangered Required Determinations complexity), and food supply (Gregory Species, U.S. Fish and Wildlife Service, Clarity of the Rule et al. 1991; Sullivan et al. in Naiman et 911 NE 11th Avenue, Portland, OR al. 2000). The importance of riparian 97232–4181 (telephone 503/231–6158; Executive Order 12866 requires each vegetation and channel bank condition facsimile 503/231–6243). agency to write regulations and notices for providing rearing habitat for that are easy to understand. We invite salmonids in general is well Economic Analysis your comments on how to make this documented (e.g., Bossu 1954 and Hunt Section 4(b)(2) of the Act requires us proposed rule easier to understand, 1969, cited in Beschta and Platts 1987; to designate critical habitat on the basis including answers to questions such as MBTSG 1998); of the best scientific and commercial the following: (1) Are the requirements

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00032 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules 35799

in the proposed rule clearly stated? (2) Small Business Regulatory Enforcement Currently available information on the Does the proposed rule contain Fairness Act (SBREFA) of 1996), potential effects of this proposal on technical jargon that interferes with the whenever an agency is required to energy supply, distribution, and use is clarity? (3) Does the format of the publish a notice of rulemaking for any very limited and does not provide a proposed rule (grouping and order of proposed or final rule, it must prepare basis for us to reach a definitive the sections, use of headings, and make available for public comment conclusion regarding such effects at this paragraphing, and so forth) aid or a regulatory flexibility analysis that time. We will conduct an analysis of the reduce its clarity? (4) Is the description describes the effects of the rule on small potential economic impacts of this of the notice in the SUPPLEMENTARY entities (i.e., small businesses, small proposed critical habitat designation, as INFORMATION section of the preamble organizations, and small government required under section 4(b)(2) of the helpful in understanding the proposed jurisdictions). However, no regulatory Act. The economic assessment will rule? (5) What else could we do to make flexibility analysis is required if the include consideration of information this proposed rule easier to understand? head of the agency certifies the rule will relevant to effects on energy supply, Send a copy of any comments on how not have a significant economic impact distribution, and use. We will make the we could make this proposed rule easier on a substantial number of small economic analysis available for public to understand to: Office of Regulatory entities. The SBREFA amended the review and comment before completing Affairs, Department of the Interior, Regulatory Flexibility Act (RFA) to a final designation. We also expect to Room 7229, 1849 C Street, NW., require Federal agencies to provide a obtain information on this topic as a Washington, DC 20240. You may e-mail statement of the factual basis for result of public comments on the your comments to this address: certifying that the rule will not have a proposed rule. Should such economic [email protected]. significant economic impact on a analysis, public comments, or other substantial number of small entities. information indicate that this rule will Regulatory Planning and Review At this time, we lack the available significantly affect energy supply, In accordance with Executive Order economic information necessary to distribution, and use, we will take any 12866, this document is a significant provide an adequate factual basis for the actions that are appropriate. rule in that it may raise novel legal and required RFA finding. Therefore, the policy issues, but it is not anticipated to RFA finding is deferred until Unfunded Mandates Reform Act (2 have an annual effect on the economy completion of the draft economic U.S.C. 1501 et seq.) of $100 million or more or affect the analysis prepared pursuant to section In accordance with the Unfunded economy in a material way. Due to the 4(b)(2) of the Act and Executive Order Mandates Reform Act (2 U.S.C. 1501), tight timeline for publication in the 12866. This draft economic analysis will the Service makes the following Federal Register, the Office of provide the required factual basis for the findings: Management and Budget (OMB) has not RFA finding. Upon completion of the (a) This rule will not produce a formally reviewed this rule. The Service draft economic analysis, we will publish Federal mandate. In general, a Federal is preparing a draft economic analysis of a notice of availability of the draft mandate is a provision in legislation, this proposed action. We will use this economic analysis of the proposed statute or regulation that would impose analysis to meet the requirement of designation and reopen the public an enforceable duty upon State, local, section 4(b)(2) of the Act to determine comment period for the proposed tribal governments, or the private sector the economic consequences of designation for an additional 60 days. and includes both ‘‘Federal designating the specific areas as critical We will include with the notice of intergovernmental mandates’’ and habitat and possibly excluding any area availability, as appropriate, an initial ‘‘Federal private sector mandates.’’ from critical habitat if it is determined regulatory flexibility analysis or a These terms are defined in 2 U.S.C. that the benefits of such exclusion certification that the rule will not have 658(5)–(7). ‘‘Federal intergovernmental outweigh the benefits of specifying such a significant economic impact on a mandate’’ includes a regulation that areas as part of the critical habitat, substantial number of small entities ‘‘would impose an enforceable duty unless failure to designate such area as accompanied by the factual basis for upon State, local, or tribal governments’’ critical habitat will lead to the that determination. We have concluded with two exceptions. It excludes ‘‘a extinction of the Riverside fairy shrimp. that deferring the RFA finding until condition of federal assistance.’’ It also This analysis will also be used to completion of the draft economic excludes ‘‘a duty arising from determine compliance with Executive analysis is necessary to meet the participation in a voluntary Federal Order 12866, Regulatory Flexibility Act, purposes and requirements of the RFA. program,’’ unless the regulation ‘‘relates Small Business Regulatory Enforcement Deferring the RFA finding in this to a then-existing Federal program Fairness Act, and Executive Order manner will ensure that we make a under which $500,000,000 or more is 12630. sufficiently informed determination provided annually to State, local, and Within these areas, the types of based on adequate economic tribal governments under entitlement Federal actions or authorized activities information and provides the necessary authority,’’ if the provision would that we have identified as potential opportunity for public comment. ‘‘increase the stringency of conditions of assistance’’ or ‘‘place caps upon, or concerns are listed above in the section Executive Order 13211 on Section 7 Consultation. otherwise decrease, the Federal The availability of the draft economic On May 18, 2001, the President issued Government’s responsibility to provide analysis will be announced in the an Executive Order on regulations that funding’’ and the State, local, or tribal Federal Register and in local significantly affect energy supply, governments ‘‘lack authority’’ to adjust newspapers so that it is available for distribution, and use. Executive Order accordingly. (At the time of enactment, public review and comments. 13211 requires agencies to prepare these entitlement programs were: Statements of Energy Effects when Medicaid; AFDC work programs; Child Regulatory Flexibility Act (5 U.S.C. 601 undertaking certain actions. This Nutrition; Food Stamps; Social Services et seq.) proposed rule may be a significant Block Grants; Vocational Rehabilitation Under the Regulatory Flexibility Act regulatory action under Executive Order State Grants; Foster Care, Adoption (5 U.S.C. 601 et seq., as amended by the 12866. Assistance, and Independent Living;

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00033 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 35800 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules

Family Support Welfare Services; and While real estate market values may Reduction Act. This rule will not Child Support Enforcement.) ‘‘Federal temporarily decline following impose recordkeeping or reporting private sector mandate’’ includes a designation, due to the perception that requirements on State or local regulation that ‘‘would impose an critical habitat designation may impose governments, individuals, businesses, or enforceable duty upon the private additional regulatory burdens on land organizations. An agency may not sector, except (i) a condition of Federal use, we expect any such impacts to be conduct or sponsor, and a person is not assistance; or (ii) a duty arising from short term. Additionally, critical habitat required to respond to, a collection of participation in a voluntary Federal designation does not preclude information unless it displays a program.’’ development of HCPs and issuance of currently valid OMB control number. The designation of critical habitat incidental take permits. Owners of areas National Environmental Policy Act does not impose a legally binding duty that are included in the designated on non-Federal government entities or critical habitat will continue to have It is our position that, outside the private parties. Under the Act, the only opportunity to use their property in Tenth Circuit, we do not need to regulatory effect is that Federal agencies ways consistent with the survival of the prepare environmental analyses as must ensure that their actions do not bull trout.’’ defined by the National Environmental destroy or adversely modify critical Policy Act in connection with habitat under section 7. While non- Federalism designating critical habitat under the Federal entities who receive Federal In accordance with Executive Order Endangered Species Act of 1973, as funding, assistance, permits or 13132, the rule does not have significant amended. We published a notice otherwise require approval or Federalism effects. A Federalism outlining our reasons for this authorization from a Federal agency for assessment is not required. In keeping determination in the Federal Register an action may be indirectly impacted by with DOI and Department of Commerce on October 25, 1983 (48 FR 49244). This the designation of critical habitat, the policy, we requested information from, assertion was upheld in the courts of the legally binding duty to avoid and coordinated development of, this Ninth Circuit (Douglas County v. destruction or adverse modification of proposed critical habitat designation Babbitt, 48 F.3d 1495 (9th Cir. Ore. critical habitat rests squarely on the with appropriate State resource 1995), cert. denied 116 S. Ct. 698 Federal agency. Furthermore, to the agencies. The designation of critical (1996)). extent that non-Federal entities are habitat in areas currently occupied by Government-to-Government indirectly impacted because they the bull trout imposes no additional Relationship With Tribes receive Federal assistance or participate restrictions to those currently in place in a voluntary Federal aid program, the and, therefore, has little incremental In accordance with the President’s Unfunded Mandates Reform Act would impact on State and local governments memorandum of April 29, 1994, not apply; nor would critical habitat and their activities. The designation ‘‘Government-to-Government Relations shift the costs of the large entitlement may have some benefit to these with Native American Tribal programs listed above on to State governments in that the areas essential Governments’’ (59 FR 22951), Executive governments. to the conservation of the species are Order 13175, and 512 DM 2, we are (b) Due to current public knowledge more clearly defined, and the primary coordinating with federally recognized of the species’ protection, the constituent elements of the habitat Tribes on a government-to-government prohibition against take of the species necessary to the survival of the species basis. Further, Secretarial Order 3206, both within and outside of the are specifically identified. While ‘‘American Indian Tribal Rights, designated areas, and the fact that making this definition and Federal-Tribal Trust Responsibilities, critical habitat provides no incremental identification does not alter where and and the Endangered Species Act’’ (1997) restrictions, we do not anticipate that what federally sponsored activities may provides that critical habitat should not this rule will significantly or uniquely occur, it may assist these local be designated in an area that may affect small governments. As such, governments in long-range planning impact Tribal trust resources unless it is Small Government Agency Plan is not (rather than waiting for case-by-case determined to be essential to the required. We will, however, further section 7 consultations to occur). conservation of a listed species. The evaluate this issue as we conduct our Secretarial Order further states that in economic analysis and revise this Civil Justice Reform designating critical habitat, ‘‘the Service assessment if appropriate. In accordance with Executive Order shall evaluate and document the extent 12988, the Office of the Solicitor has to which the conservation needs of a Takings determined that the rule does not listed species can be achieved by In accordance with Executive Order unduly burden the judicial system and limiting the designation to other lands.’’ 12630, the rule does not have significant meets the requirements of sections 3(a) During our development of this takings implications. A takings and 3(b)(2) of the Order. We have proposed critical habitat designation for implication assessment is not required. proposed designating critical habitat in the Jarbidge River, Coastal-Puget Sound, The designation of critical habitat accordance with the provisions of the and Saint Mary-Belly River populations affects only Federal agency actions. The Endangered Species Act. This proposed of bull trout, we evaluated Tribal lands rule will not increase or decrease the rule uses standard property descriptions to determine if they are essential to the current restrictions on private property and identifies the primary constituent conservation of the species. There are concerning take of the bull trout. Due to elements within the designated areas to no Tribal lands proposed as critical current public knowledge of the species’ assist the public in understanding the habitat within the Jarbidge River protection, the prohibition against take habitat needs of the bull trout. population area. of the species both within and outside Within the Coastal-Puget Sound of the designated areas, and the fact that Paperwork Reduction Act of 1995 (44 population, we have proposed to critical habitat provides no incremental U.S.C. 3501 et seq.) designate critical habitat for portions of restrictions, we do not anticipate that This rule does not contain any new land within or adjacent to the following property values will be affected by the collections of information that require Tribal reservations: Lummi Indian proposed critical habitat designation. approval by OMB under the Paperwork Reservation, Swinomish Indian

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00034 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules 35801

Reservation, Sauk-Suiattle Indian issues. The Blackfeet Fish and Wildlife Authors Reservation, Tulalip Indian Reservation, Director or their representative biologist Muckleshoot Indian Reservation, has been generally supportive of the The primary authors of this proposed Puyallup Indian Reservation, Nisqually development of this critical habitat rule are: John Young, U.S. Fish and Indian Reservation, Skokomish Indian proposal (Ira Newbreast, Blackfeet Wildlife Service, Regional Office, Reservation, Jamestown S’Klallam Tribe, pers. comm. 2002; G. Skunkcap, Portland, OR; Wade Fredenberg, U.S. Tribal lands, Lower Elwha S’Klallam Blackfeet Tribe, pers. comm. 2002, Fish and Wildlife Service, Creston Fish Indian Reservation, Hoh Indian 2003). and Wildlife Center, Kalispell, MT; Reservation, Quinault Indian A total of approximately 229 mi (368 Selena Werdon, U.S. Fish and Wildlife Reservation, and Chehalis Indian km) of stream segments on Tribal land Service, Nevada State Office, Reno, NV; Reservation. We are proposing to within the Coastal-Puget Sound and Jeff Chan and Shelley Spalding, U.S. exclude most of the Quinault Indian Saint Mary-Belly River populations of Fish and Wildlife Service, Western Reservation based on their Forest bull trout are included in our proposed Washington Office, Lacey, WA. Management Plan. We have met with critical habitat designation. We will List of Subjects in 50 CFR Part 17 the Northwest Indian Fisheries work closely with Tribes to protect Commission and some of the Tribes essential bull trout habitat. We are Endangered and threatened species, they represent. We plan to meet with committed to maintaining a positive Exports, Imports, Reporting and the balance of the Tribes in the Olympic working relationship with all of the recordkeeping requirements, Peninsula and Puget Sound area to Tribes, and will work with them on Transportation. consult with them regarding the bull developing resource management plans Proposed Regulation Promulgation trout critical habitat process, and to for Tribal lands that include discuss any existing or planned Tribal conservation measures for bull trout. We Accordingly, we propose to amend conservation measures for bull trout and were required to prepare this critical part 17, subchapter B of chapter I, title the appropriateness of excluding habitat designation based on our 50 of the Code of Federal Regulations as additional Tribal lands in the final analysis of whether habitat within these set forth below: designation. Tribal reservation lands is essential to Within the Saint Mary-Belly River the conservation of the species and may PART 17—[AMENDED] population, none of the Belly River require special management headwaters is under Tribal jurisdiction. considerations or protection. Prior to 1. The authority citation for part 17 For the Saint Mary portion of the bull issuing a final determination, we will be continues to read as follows: trout population, we have proposed consulting with Tribes that are included Authority: 16 U.S.C. 1361–1407; 16 U.S.C. critical habitat within the Blackfeet in this proposed designation of critical 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– Reservation. habitat, to assess the appropriateness of 625, 100 Stat. 3500; unless otherwise noted. No specific management plans exist to excluding those areas based on the 2. Critical habitat for the bull trout guide Tribal fishery resource decisions conservation measures provided for the (Salvelinus confluentus) in § 17.95(e) in the Saint Mary-Belly River species. Please refer to the Relationship which was proposed on November 29, population. We conduct management to Section 4(b)(2) of the Act— 2002, at 67 FR 71236, is proposed to be surveys and make stocking Relationship to Tribal Lands section of further amended by revising paragraphs recommendations and other proposals this rule for a more detailed discussion (1), (2), and (4), and adding paragraphs to the Tribe for their approval and of Tribal lands included within this (30) through (34) as follows: implementation. Creston National Fish proposal. Hatchery conducts fish stocking References Cited § 17.95 Critical habitat—fish and wildlife. activities in Tribal lakes per those * * * * * recommendations. A complete list of all references cited We have had a number of in this proposed rule is available on (e) * * * government-to-government meetings request from the U.S. Fish and Wildlife Bull Trout (Salvelinus confluentus) with Blackfeet Tribal Council Service, Branch of Endangered Species (1) Critical habitat is designated in the representatives to discuss bull trout Office, Portland, OR (see ADDRESSES following counties and as described in critical habitat and associated recovery section). paragraphs (2) through (34)

State Counties

Idaho ...... Adams, Benewah, Blaine, Boise, Bonner, Boundary, Butte, Clearwater, Custer, Idaho, Kootenai, Lemhi, Latah, Lewis, Nez Perce, Owyhee, Pend Oreille, Shoshone, Valley, Washington. Montana ...... Flathead, Glacier, Lake, Lewis and Clark, Lincoln, Mineral, Missoula, Powell, Ravalli, Sanders. Nevada ...... Elko. Oregon ...... Baker, Columbia, Crook, Deschutes, Gilliam, Grant, Harney, Hood River, Jefferson, Klamath, Lane, Linn, Malheur, Morrow, Multnomah, Sherman, Umatilla, Union, Wallowa, Wasco, Wheel- er. Washington ...... Asotin, Benton, Chelan, Clallam, Columbia, Clark, Cowlitz, Douglas, Franklin, Garfield, Grays Harbor, Island, King, Kittitas, Klickitat, Mason, Okanogan, Pacific, Pend Oreille, Pierce, Skagit, Skamania, Snohomish, Thurston, Wahkiakum, Walla Walla, Whitman, Yakima.

(2) Critical habitat includes the stream including tidally influenced freshwater reaches, and includes a lateral extent channels within the proposed stream heads of estuaries indicated on the maps from the bankfull elevation on one bank reaches and inshore extent of critical in paragraphs (30) through (34). to the bankfull elevation on the opposite habitat for marine nearshore areas (the (i) Critical habitat includes the stream bank. Bankfull elevation is the level at mean high high-water (MHHW) line), channels within the proposed stream which water begins to leave the channel

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00035 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 35802 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules

and move into the floodplain and is character of these adjacent features, and geological and ecological processes reached at a discharge that generally has human activities that occur outside of important to maintaining these habitats. a recurrence interval of 1 to 2 years on the MHHW can have major effects on This area contains essential foraging the annual flood series. If bankfull physical and biological features of the habitat and migration corridors such as elevation is not evident on either bank, marine environment. The offshore estuaries, bays, inlets, shallow subtidal the ordinary high-water line shall be extent of critical habitat for marine areas, and intertidal flats. used to determine the lateral extent of nearshore areas is based on the extent of * * * * * the photic zone, which is the layer of critical habitat. The lateral extent of (4) Critical habitat does not include water in which organisms are exposed proposed lakes and reservoirs is defined non-Federal lands covered by an to light. Critical habitat extends offshore by the perimeter of the water body as incidental take permit for bull trout to the depth of 33 ft (10 m) relative to mapped on standard 1:24,000 scale issued under section 10(a)(1)(B) of the the MLLW (average of all the lower low- topographic maps. Endangered Species Act of 1973, as (ii) Critical habitat includes the water heights of the two daily tidal amended on or before the date of inshore extent of critical habitat for levels). This equates to the average publication of the final rule, as long as marine nearshore areas (the MHHW depth of the photic zone, and is such permit, or a conservation easement line), including tidally influenced consistent with the offshore extent of providing comparable conservation freshwater heads of estuaries. This the nearshore habitat identified under benefits, remains legally operative on refers to the average of all the higher the Puget Sound Nearshore Ecosystem such lands. high water heights of the two daily tidal Restoration Project (NOAA 2000; 68 FR levels. Adjacent shoreline riparian 31689). This area between MHHW and * * * * * areas, bluffs and uplands are not minus 10 MLLW is considered the (30) Index map of proposed critical proposed as critical habitat. habitat most consistently used by bull habitat for the Olympic Peninsula, Puget However, it should be recognized that trout in marine waters based on known Sound, Jarbidge, and Saint Mary-Belly the quality of marine habitat along use, forage fish availability, and ongoing populations of bull trout follows: shorelines is intrinsically related to the migration studies, and captures BILLING CODE 4310–55–P

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00036 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules 35803

(31) Unit 26: Jarbidge River Unit (i) Unit 26—Jarbidge River Unit Descriptions:

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00037 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 EP25JN04.000 35804 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules

From To Location—name Latitude Longitude Latitude Longitude

A1—Jarbidge River ...... 42.329 N. 115.651 W. 42.049 N. 115.390 W. B1—West Fork Jarbidge River ...... 42.049 N. 115.390 W. 41.780 N. 115.377 W. B2—Unnamed W Trib off Jarbidge R ...... 41.792 N. 115.396 W. 41.781 N. 115.392 W. B3—Sawmill Creek ...... 41.794 N. 115.398 W. 41.785 N. 115.405 W. C1—Deer Creek ...... 41.933 N. 115.419 W. 41.849 N. 115.454 W. D1—Jack Creek ...... 41.912 N. 115.424 W. 41.857 N. 115.380 W. E1—Pine Creek ...... 41.834 N. 115.424 W. 41.779 N. 115.464 W. E2—Unnamed W Trib off Pine Creek ...... 41.803 N. 115.446 W. 41.802 N. 115.464 W. E3—Unnamed E Trib off Pine Creek ...... 41.786 N. 115.454 W. 41.779 N. 115.428 W. F1—East Fork Jarbidge River ...... 42.049 N. 115.390 W. 41.762 N. 115.347 W. F2—Unnamed Headwater Trib off E Fk Jarbidge R ...... 41.782 N. 115.329 W. 41.767 N. 115.351 W. F3—Fall Creek ...... 41.856 N. 115.314 W. 41.815 N. 115.372 W. F4—Unnamed Lower Trib off Fall Cr ...... 41.849 N. 115.327 W. 41.845 N. 115.365 W. F5—Unnamed Upper Trib off Fall Cr ...... 41.843 N. 115.334 W. 41.834 N. 115.366 W. F6—Cougar Creek ...... 41.840 N. 115.320 W. 41.799 N. 115.369 W. G1—Dave Creek ...... 41.995 N. 115.352 W. 41.864 N. 115.358 W. H1—Slide Creek ...... 41.867 N. 115.312 W. 41.860 N. 115.253 W. H2—Gods Pocket Creek ...... 41.847 N. 115.292 W. 41.794 N. 115.295 W. H3—Unnamed Lower Trib off Slide Cr ...... 41.839 N. 115.276 W. 41.818 N. 115.271 W. H4—Unnamed Upper Trib off Slide Cr ...... 41.838 N. 115.264 W. 41.817 N. 115.246 W. H5—Unnamed N Headwater Trib off Slide Cr ...... 41.859 N. 115.252 W. 41.863 N. 115.250 W. H6—Unnamed E Headwater Trib off Slide Cr ...... 41.860 N. 115.250 W. 41.861 N. 115.247 W.

(ii) Map of Unit 26—Jarbidge River Unit follows:

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00038 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules 35805

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00039 Fmt 4701 Sfmt 4725 E:\FR\FM\25JNP3.SGM 25JNP3 EP25JN04.001 35806 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules

From To Location—name Latitude Longitude Latitude Longitude

iA1—Skokomish River ...... 47.335 N. 123.116 W. 47.315 N. 123.238 W. iA2—Nalley Slough ...... 47.334 N. 123.130 W. 47.328 N. 123.130 W. iA3—Skobob Creek ...... 47.328 N. 123.131 W. 47.328 N. 123.174 W. iA4—Purdy Creek ...... 47.307 N. 123.160 W. 47.302 N. 123.181 W. iA5—Richert Spring ...... 47.320 N. 123.218 W. 47.320 N. 123.224 W. iB1—South Fork Skokomish River ...... 47.315 N. 123.238 W. 47.488 N. 123.454 W. iB2—Brown Creek ...... 47.412 N. 123.318 W. 47.455 N. 123.259 W. iB3—Lebar Creek ...... 47.417 N. 123.329 W. 47.427 N. 123.319 W. iB4—Pine Creek ...... 47.446 N. 123.416 W. 47.443 N. 123.429 W. iB5—Church Creek ...... 47.461 N. 123.450 W. 47.460 N. 123.455 W. iC1—North Fork Skokomish River (Lower) ...... 47.315 N. 123.238 W. 47.398 N. 123.200 W. iC2—North Fork Skokomish River (Upper) ...... 47.419 N. 123.224 W. 47.539 N. 123.380 W. iC3—Lake Cushman ...... Located at 47.478 N. 123.252 W. iC4—Elk Creek W...... 47.515 N. 123.330 47.510 N. 123.344 W. iC5—Slate Creek W...... 47.521 N. 123.335 47.529 N. 123.319 W.

(A) Map of Unit 27—Olympic Peninsula River Basin—Skokomish Critical Habitat Subunit follows:

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00040 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules 35807

(B) [Reserved] (ii) Dungeness River Critical Habitat Subunit Descriptions:

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00041 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 EP25JN04.002 35808 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules

From To Location—name Latitude Longitude Latitude Longitude

iiA1—Dungeness River ...... 48.151 N. 123.133 W. 47.942 N. 123.091 W. iiA2—Hurd Creek ...... 48.124 N. 123.142 W. 48.118 N. 123.142 W. iiA3—Gray Wolf River ...... 47.977 N. 123.111 W. 47.916 N. 123.242 W. iiA4—Gold Creek ...... 47.942 N. 123.091 W. 47.933 N. 123.062 W.

(iii) Elwha River Critical Habitat Subunit Descriptions:

From To Location—name Latitude Longitude Latitude Longitude

iiiA1—Elwha River ...... 48.151 N. 123.558 W. 47.771 N. 123.580 W. iiiA2—Lake Aldwell ...... Located at 48.080 N. 123.570 W. iiiA3—Mills Lake ...... Located at 47.990 N. 123.604 W. iiiA4—Little River ...... 48.063 N. 123.576 W. 48.033 N. 123.456 W. iiiA5—Hughes Creek ...... 48.025 N. 123.594 W. 48.026 N. 123.598 W. iiiA6—Griff Creek ...... 48.013 N. 123.591 W. 48.023 N. 123.593 W. iiiA7—Boulder Creek ...... 47.982 N. 123.602 W. 47.979 N. 123.612 W. iiiA8—Cat Creek ...... 47.971 N. 123.593 W. 47.946 N. 123.642 W. iiiA9—Prescott Creek ...... 47.903 N. 123.490 W. 47.904 N. 123.486 W. iiiA10—Hayes River ...... 47.808 N. 123.453 W. 47.803 N. 123.428 W. iiiA11—Godkin Creek ...... 47.760 N. 123.464 W. 47.752 N. 123.451 W. iiiA12—Buckinghorse Creek ...... 47.747 N. 123.481 W. 47.739 N. 123.484 W. iiiA13—Delabarre Creek ...... 47.735 N. 123.526 W. 47.726 N. 123.527 W.

(A) Map of Unit 27—Olympic River and Elwha River critical habitat Peninsula River Basins—Dungeness subunits follow:

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00042 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules 35809

(B) [Reserved] (iv) Hoh Critical Habitat Subunit Descriptions:

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00043 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 EP25JN04.003 35810 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules

From To Location—name Latitude Longitude Latitude Longitude

ivA1—Hoh River ...... 47.751 N. 124.437 W. 47.878 N. 123.688 W. ivA2—Nolan Creek ...... 47.752 N. 124.343 W. 47.743 N. 124.201 W. ivA3—Winfield Creek ...... 47.810 N. 124.231 W. 47.783 N. 124.142 W. ivA4—Owl Creek ...... 47.805 N. 124.078 W. 47.780 N. 124.037 W. ivA5—South Fork Hoh River ...... 47.820 N. 124.022 W. 47.764 N. 123.785 W. ivA6—Mount Tom Creek ...... 47.868 N. 123.887 W. 47.819 N. 123.820 W. ivA7—Cougar Creek ...... 47.862 N. 123.859 W. 47.868 N. 123.853 W. ivA8—OGS Creek ...... 47.878 N. 123.770 W. 47.879 N. 123.767 W. ivA9—Hoh Creek ...... 47.877 N. 123.753 W. 47.883 N. 123.750 W.

(A) Map of Unit 27—Olympic Peninsula River Basins—Hoh critical habitat subunit follows:

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00044 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules 35811

(B) [Reserved] (v) Queets Critical Habitat Subunit Descriptions:

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00045 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 EP25JN04.004 35812 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules

From To Location—name Latitude Longitude Latitude Longitude

vA1—Queets River ...... 47.544 N. 124.354 W. 47.758 N. 123.657 W. vA2—Clearwater River ...... 47.546 N. 124.291 W. 47.730 N. 123.934 W. vA3—Salmon River ...... 47.557 N. 124.219 W. 47.524 N. 124.040 W. vA4—Matheny Creek ...... 47.576 N. 124.113 W. 47.543 N. 123.835 W. vA5—Sams River ...... 47.625 N. 124.012 W. 47.604 N. 123.851 W. vA6—Tshletshy Creek ...... 47.666 N. 123.923 W. 47.606 N. 123.739 W.

(A) Map of Unit 27—Olympic Peninsula River Basins—Queets critical habitat subunit follows:

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00046 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules 35813

(B) [Reserved] (vi) Quinault Critical Habitat Subunit Descriptions:

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00047 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 EP25JN04.005 35814 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules

From To Location—name Latitude Longitude Latitude Longitude

viA1—Quinault River ...... 47.349 N. 124.299 W. 47.687 N. 123.371 W. viA2—Quinault Lake ...... Located at 47.566 N. 123.673 W. viA3—Cook Creek ...... 47.371 N. 124.061 W. 47.359 N. 123.995 W. viA4—O’Neil Creek ...... 47.616 N. 123.470 W. 47.610 N. 123.463 W. viA5—Ignar Creek ...... 47.639 N. 123.432 W. 47.637 N. 123.429 W. viA6—Pyrites Creek ...... 47.639 N. 123.432 W. 47.644 N. 123.435 W. viB1—Irely Lake ...... Located at 47.566 N. 123.673 W. viB2—Irely Creek ...... 47.565 N. 123.678 W. 47.567 N. 123.672 W. viB3—Big Creek ...... 47.518 N. 123.773 W. 47.566 N. 123.680 W. viC1—North Fork Quinault River ...... 47.540 N. 123.666 W. 47.654 N. 123.646 W. viC2—Rustler Creek ...... 47.617 N. 123.615 W. 47.629 N. 123.568 W.

(A) Map of Unit 27—Olympic Peninsula River Basins—Quinault critical habitat subunit follows:

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00048 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules 35815

(B) [Reserved] (vii) Hood Canal Critical Habitat Subunit Descriptions:

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00049 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 EP25JN04.006 35816 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules

From To Location—name Latitude Longitude Latitude Longitude

viiA1—Hood Canal Marine ...... 47.685 N. 122.800 W. 47.434 N. 122.841 W.

(A) Map of Unit 27—Olympic Peninsula River Basins—Hood Canal critical habitat subunit follows:

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00050 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules 35817

(B) [Reserved] (viii) Strait of Juan de Fuca Critical Habitat Subunit Descriptions:

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00051 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 EP25JN04.007 35818 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules

From To Location—name Latitude Longitude Latitude Longitude

viiiA1—Strait of Juan de Fuca Marine ...... 48.103 N. 122.884 W. 48.217 N. 124.100 W. viiiA2—Bell Creek ...... 48.083 N. 123.052 W. 48.057 N. 123.102 W. viiiA3—Siebert Creek ...... 48.121 N. 123.289 W. 48.049 N. 123.291 W. viiiA4—Morse Creek ...... 48.118 N. 123.350 W. 48.064 N. 123.346 W. viiiA5—Ennis Creek ...... 48.117 N. 123.404 W. 48.053 N. 123.410 W.

(A) Map of Unit 27—Olympic Peninsula River Basins—Strait of Juan de Fuca critical habitat subunit follows:

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00052 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules 35819

(B) [Reserved] (ix) Pacific Coast Critical Habitat Subunit Descriptions:

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00053 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 EP25JN04.008 35820 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules

From To Location—name Latitude Longitude Latitude Longitude

ixA1—Pacific Coast Marine ...... 48.003 N. 124.678 W. 46.927 N. 124.179 W. ixA2—Goodman Creek ...... 47.825 N. 124.512 W. 47.835 N. 124.338 W. ixA3—Mosquito Creek ...... 47.799 N. 124.481 W. 47.787 N. 124.382 W. ixA4—Cedar Creek ...... 47.712 N. 124.415 W. 47.717 N. 124.335 W. ixA5—Steamboat Creek ...... 47.679 N. 124.403 W. 47.688 N. 124.349 W. ixA6—Kalaloch Creek ...... 47.607 N. 124.374 W. 47.637 N. 124.360 W. ixA7—Raft River ...... 47.462 N. 124.341 W. 47.449 N. 124.219 W. ixA8—Moclips River ...... 47.248 N. 124.219 W. 47.260 N. 124.122 W. ixA9—Joe Creek ...... 47.206 N. 124.202 W. 47.217 N. 124.153 W. ixA10—Copalis River ...... 47.133 N. 124.180 W. 47.234 N. 124.020 W.

(A) Map of Unit 27—Olympic Peninsula River Basins—Pacific Coast critical habitat subunit follows:

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00054 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules 35821

(B) [Reserved] (x) Chehalis River/Grays Harbor Critical Habitat Subunit Descriptions:

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00055 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 EP25JN04.009 35822 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules

From To Location—name Latitude Longitude Latitude Longitude

xA1—Grays Harbor Marine ...... 46.927 N. 124.179 W. 46.906 N. 124.138 W. xA2—Humptulips River ...... 47.045 N. 124.048 W. 47.247 N. 123.888 W. xA3—Wishkah River ...... 46.973 N. 123.806 W. 47.261 N. 123.713 W. xB1—Chehalis River ...... 46.962 N. 123.823 W. 46.819 N. 123.252 W. xB2—Wynoochee River ...... 46.962 N. 123.606 W. 47.385 N. 123.604 W. xC1—Satsop River ...... 46.979 N. 123.480 W. 47.035 N. 123.524 W. xC2—West Fork Satsop River ...... 47.035 N. 123.524 W. 47.360 N. 123.565 W. xC3—Canyon River ...... 47.211 N. 123.551 W. 47.338 N. 123.498 W.

(A) Map of Unit 27—Olympic Grays Harbor critical habitat subunit Peninsula River Basins—Chehalis River/ follows:

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00056 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules 35823

(B) [Reserved] (i) Chilliwack Critical Habitat Subunit (33) Unit 28—Puget Sound Basins: Descriptions:

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00057 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 EP25JN04.010 35824 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules

From To Location—name Latitude Longitude Latitude Longitude

iA1—Chilliwack River ...... 49.000 N. 121.410 W. 48.878 N. 121.486 W. iA2—Bear Creek ...... 48.965 N. 121.387 W. 48.966 N. 121.382 W. iA3—Indian Creek ...... 48.947 N. 121.397 W. 48.935 N. 121.394 W. iA4—Brush Creek ...... 48.913 N. 121.423 W. 48.909 N. 121.422 W. iA5—Easy Creek ...... 48.889 N. 121.457 W. 48.882 N. 121.455 W. iA6—Little Chilliwack River ...... 48.993 N. 121.407 W. 48.962 N. 121.477 W. iB1—Depot Creek ...... 48.997 N. 121.323 W. 48.986 N. 121.292 W. iC1—Silesia Creek ...... 48.999 N. 121.612 W. 48.911 N. 121.484 W.

(A) Map of Unit 28—Puget Sound Basins—Chilliwack critical habitat subunit follows:

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00058 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules 35825

(ii) Nooksack Critical Habitat Subunit Descriptions:

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00059 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 EP25JN04.011 35826 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules

From To Location—name Latitude Longitude Latitude Longitude

iiA1—Nooksack River ...... 48.771 N. 122.598 W. 48.834 N. 122.154 W. iiA2—Smith Creek ...... 48.856 N. 122.299 W. 48.841 N. 122.261 W. iiB1—North Fork Nooksack River ...... 48.834 N. 122.154 W. 48.907 N. 121.803 W. iiB2—Racehorse Creek ...... 48.889 N. 122.144 W. 48.884 N. 122.129 W. iiB3—Kendall Creek ...... 48.887 N. 122.148 W. 48.922 N. 122.144 W. iiB4—Maple Creek ...... 48.912 N. 122.078 W. 48.927 N. 122.076 W. iiB5—Boulder Creek ...... 48.925 N. 122.036 W. 48.937 N. 122.020 W. iiB6—McDonald Creek (stream catalog #0435) ...... 48.921 N. 122.015 W. 48.912 N. 122.018 W. iiB7—Wildcat Creek ...... 48.909 N. 122.000 W. 48.896 N. 122.005 W. iiB8—Canyon Creek ...... 48.906 N. 121.988 W. 48.932 N. 121.950 W. iiB9—Hedrick Creek ...... 48.899 N. 121.970 W. 48.890 N. 121.980 W. iiB10—Cornell Creek ...... 48.899 N. 121.968 W. 48.887 N. 121.959 W. iiB11—Gallop Creek ...... 48.894 N. 121.942 W. 48.882 N. 121.946 W. iiB12—Son of Gallop ...... 48.889 N. 121.942 W. 48.884 N. 121.939 W. iiC1—Glacier Creek ...... 48.892 N. 121.938 W. 48.812 N. 121.889 W. iiC2—Little Creek ...... 48.884 N. 121.933 W. 48.876 N. 121.936 W. iiC3—Davis Creek ...... 48.882 N. 121.930 W. 48.879 N. 121.929 W. iiC4—Thompson Creek ...... 48.879 N. 121.913 W. 48.892 N. 121.879 W. iiC5—Deep Creek ...... 48.869 N. 121.907 W. 48.868 N. 121.910 W. iiC6—Unnamed tributary (stream catalog #0476) ...... 48.844 N. 121.901 W. 48.845 N. 121.895 W. iiC7—Coal Creek (upper) ...... 48.839 N. 121.902 W. 48.838 N. 121.905 W. iiC8—Falls Creek ...... 48.834 N. 121.901 W. 48.824 N. 121.905 W. iiD1—Boyd Creek ...... 48.903 N. 121.862 W. 48.897 N. 121.864 W. iiD2—Cascade Creek ...... 48.904 N. 121.838 W. 48.904 N. 121.838 W. iiD3—Deerhorn Creek ...... 48.903 N. 121.857 W. 48.906 N. 121.856 W. iiD4—Ditch Creek ...... 48.904 N. 121.850 W. 48.902 N. 121.848 W. iiD5—Chainup Creek ...... 48.904 N. 121.839 W. 48.908 N. 121.839 W. iiD6—Deadhorse Creek ...... 48.904 N. 121.837 W. 48.900 N. 121.835 W. iiD7—Powerhouse Creek ...... 48.908 N. 121.814 W. 48.911 N. 121.817 W. iiD8—Wells Creek ...... 48.905 N. 121.808 W. 48.890 N. 121.790 W. iiE1—Middle Fork Nooksack River ...... 48.834 N. 122.154 W. 48.725 N. 121.898 W. iiE2—Canyon Creek (Canyon Lake Creek) ...... 48.832 N. 122.143 W. 48.840 N. 122.110 W. iiE3—unnamed tributary (stream catalog #0347) ...... 48.829 N. 122.140 W. 48.821 N. 122.120 W. iiE4—unnamed tributary (stream catalog #0349) ...... 48.822 N. 122.133 W. 48.812 N. 122.124 W. iiE5—Porter Creek ...... 48.799 N. 122.126 W. 48.795 N. 122.113 W. iiE6—Peat Bog Creek (stream catalog #0352) ...... 48.790 N. 122.121 W. 48.780 N. 122.116 W. iiE7—Clearwater Creek ...... 48.771 N. 122.046 W. 48.805 N. 121.988 W. iiE8—Galbraith Creek ...... 48.759 N. 122.018 W. 48.755 N. 122.020 W. iiE9—Sister Creek ...... 48.755 N. 121.987 W. 48.746 N. 121.973 W. iiE10—Warm Creek ...... 48.756 N. 121.977 W. 48.761 N. 121.970 W. iiE11—Wallace Creek ...... 48.745 N. 121.950 W. 48.748 N. 121.941 W. iiE12—Green Creek ...... 48.738 N. 121.937 W. 48.732 N. 121.934 W. iiE13—Rankin Creek ...... 48.733 N. 121.919 W. 48.733 N. 121.907 W. iiF1—South Fork Nooksack River ...... 48.809 N. 122.202 W. 48.675 N. 121.940 W. iiF2—Hutchinson Creek ...... 48.707 N. 122.178 W. 48.733 N. 122.102 W. iiF3—Skookum Creek ...... 48.671 N. 122.140 W. 48.686 N. 122.105 W. iiF4—Edfro Creek ...... 48.661 N. 122.125 W. 48.664 N. 122.116 W. iiF5—Cavanaugh Creek ...... 48.647 N. 122.119 W. 48.645 N. 122.109 W. iiF6—Deer Creek ...... 48.610 N. 122.094 W. 48.603 N. 122.092 W. iiF7—Howard Creek ...... 48.609 N. 121.965 W. 48.619 N. 121.965 W. iiF8—Bear Lake Outlet (stream catalog #0317) ...... 48.607 N. 121.911 W. 48.610 N. 121.911 W. iiF9—Bell Creek ...... 48.681 N. 121.899 W. 48.685 N. 121.898 W. iiF10—Elbow Creek/Lake Doreen Outlet (stream catalog # 0331) ...... 48.685 N. 121.910 W. 48.707 N. 121.914 W. iiG1—Wanlick Creek ...... 48.644 N. 121.876 W. 48.670 N. 121.797 W. iiG2—Monument Creek (stream catalog #0324) ...... 48.652 N. 121.833 W. 48.647 N. 121.826 W. iiG3—Loomis Creek ...... 48.661 N. 121.813 W. 48.670 N. 121.826 W.

(A) Maps of Unit 28—Puget Sound Basins—Nooksack critical habitat subunit follow:

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00060 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules 35827

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00061 Fmt 4701 Sfmt 4725 E:\FR\FM\25JNP3.SGM 25JNP3 EP25JN04.012 35828 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00062 Fmt 4701 Sfmt 4725 E:\FR\FM\25JNP3.SGM 25JNP3 EP25JN04.013 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules 35829

(B) [Reserved] (iii) Lower Skagit Critical Habitat Subunit Descriptions:

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00063 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 EP25JN04.014 35830 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules

From To Location—name Latitude Longitude Latitude Longitude

iiiA1—Skagit River ...... 48.387 N. 122.366 W. 49.000 N. 121.078 W. iiiA2—North Fork Skagit River ...... 48.364 N. 122.472 W. 48.387 N. 122.366 W. iiiA3—South Fork Skagit River ...... 48.292 N. 122.367 W. 48.387 N. 122.366 W. iiiA4—Nookachamps Creek ...... 48.471 N. 122.296 W. 48.346 N. 122.202 W. iiiA5—Day Creek ...... 48.519 N. 122.065 W. 48.445 N. 122.006 W. iiiA6—Jones Creek ...... 48.524 N. 122.052 W. 48.542 N. 122.050 W. iiiA7—Alder Creek ...... 48.519 N. 121.954 W. 48.549 N. 121.954 W. iiiA8—Grandy Creek ...... 48.518 N. 121.879 W. 48.561 N. 121.823 W. iiiA9—Finney Creek ...... 48.524 N. 121.846 W. 48.465 N. 121.686 W. iiiA10—Jackman Creek ...... 48.523 N. 121.720 W. 48.529 N. 121.696 W. iiiA11—Rocky Creek ...... 48.501 N. 121.494 W. 48.510 N. 121.501 W. iiiA12—Corkindale Creek ...... 48.505 N. 121.485 W. 48.518 N. 121.482 W. iiiA13—Diobsud Creek ...... 48.559 N. 121.411 W. 48.576 N. 121.432 W. iiiA14—Alma Creek ...... 48.600 N. 121.361 W. 48.590 N. 121.355 W. iiiA15—Goodell Creek ...... 48.672 N. 121.264 W. 48.778 N. 121.351 W. iiiA16—Newhalem Creek ...... 48.671 N. 121.254 W. 48.663 N. 121.251 W. iiiA17—Gorge Lake ...... Located at 48.703 N. 121.180 W. iiiA18—Stetattle Creek ...... 48.717 N. 121.148 W. 48.727 N. 121.154 W. iiiB1—Baker River ...... 48.534 N. 121.735 W. 48.821 N. 121.427 W. iiiB2—Lake Shannon ...... Located at 48.590 N. 121.723 W. iiiB3—Baker Lake ...... Located at 48.719 N. 121.660 W. iiiB4—Sulphur Creek ...... 48.648 N. 121.698 W. 48.659 N. 121.710 W. iiiB5—Park Creek ...... 48.724 N. 121.651 W. 48.741 N. 121.681 W. iiiB6—Swift Creek ...... 48.726 N. 121.648 W. 48.747 N. 121.657 W. iiiB7—Lake Creek ...... 48.762 N. 121.545 W. 48.769 N. 121.549 W. iiiB8—Sulphide Creek ...... 48.777 N. 121.532 W. 48.789 N. 121.551 W. iiiB9—Crystal Creek ...... 48.787 N. 121.501 W. 48.791 N. 121.509 W. iiiB10—Bald Eagle Creek ...... 48.800 N. 121.464 W. 48.797 N. 121.448 W. iiiB11—Pass Creek ...... 48.815 N. 121.462 W. 48.811 N. 121.457 W. iiiC1—Sauk River ...... 48.482 N. 121.604 W. 48.135 N. 121.422 W. iiiC2—Dan Creek ...... 48.298 N. 121.550 W. 48.265 N. 121.539 W. iiiC3—Falls Creek ...... 48.148 N. 121.436 W. 48.137 N. 121.431 W. iiiC4—North Fork Sauk River ...... 48.097 N. 121.388 W. 48.096 N. 121.369 W. iiiD1—Suiattle River ...... 48.330 N. 121.548 W. 48.162 N. 121.005 W. iiiD2—Big Creek ...... 48.345 N. 121.450 W. 48.344 N. 121.438 W. iiiD3—Tenas Creek ...... 48.324 N. 121.438 W. 48.335 N. 121.421 W. iiiD4—Straight Creek ...... 48.272 N. 121.397 W. 48.254 N. 121.397 W. iiiD5—Black Creek ...... 48.259 N. 121.401 W. 48.247 N. 121.412 W. iiiD6—Buck Creek ...... 48.265 N. 121.338 W. 48.353 N. 121.267 W. iiiD7—Horse Creek ...... 48.313 N. 121.285 W. 48.322 N. 121.256 W. iiiD8—Lime Creek ...... 48.252 N. 121.292 W. 48.218 N. 121.277 W. iiiD9—Downey Creek ...... 48.259 N. 121.224 W. 48.330 N. 121.148 W. iiiD10—Goat Creek ...... 48.328 N. 121.156 W. 48.334 N. 121.160 W. iiiD11—Sulphur Creek ...... 48.247 N. 121.192 W. 48.279 N. 121.084 W. iiiD12—Milk Creek ...... 48.221 N. 121.162 W. 48.178 N. 121.151 W. iiiD13—Canyon Creek ...... 48.211 N. 121.087 W. 48.220 N. 121.080 W. iiiD14—Vista Creek ...... 48.194 N. 121.046 W. 48.180 N. 121.055 W. iiiD15—Miners Creek ...... 48.187 N. 121.030 W. 48.190 N. 121.022 W. iiiD16—Dusty Creek ...... 48.177 N. 121.018 W. 48.139 N. 121.039 W. iiiD17—Small Creek ...... 48.162 N. 121.005 W. 48.158 N. 120.977 W. iiiE1—White Chuck River ...... 48.173 N. 121.471 W. 48.071 N. 121.150 W. iiiE2—Black Oak Creek ...... 48.177 N. 121.449 W. 48.185 N. 121.453 W. iiiE3—unnamed tributary (stream catalog #1119) ...... 48.181 N. 121.429 W. 48.185 N. 121.431 W. iiiE4—Crystal Creek ...... 48.181 N. 121.363 W. 48.183 N. 121.360 W. iiiE5—Pugh Creek ...... 48.172 N. 121.338 W. 48.165 N. 121.332 W. iiiE6—Owl Creek ...... 48.164 N. 121.299 W. 48.161 N. 121.287 W. iiiE7—Camp Creek ...... 48.159 N. 121.291 W. 48.150 N. 121.279 W. iiiE8—Fire Creek ...... 48.153 N. 121.243 W. 48.154 N. 121.231 W. iiiE9—Fourteenmile Creek ...... 48.140 N. 121.221 W. 48.126 N. 121.227 W. iiiE10—Pumice Creek ...... 48.148 N. 121.235 W. 48.141 N. 121.148 W. iiiE11—Glacier Creek ...... 48.130 N. 121.202 W. 48.131 N. 121.167 W. iiiF1—South Fork Sauk River ...... 48.097 N. 121.388 W. 47.987 N. 121.392 W. iiiF2—Merry Brook W...... 48.089 N. 121.391 W. 48.087 N. 121.387 W. iiiF3—Bedal Creek ...... 48.080 N. 121.394 W. 48.047 N. 121.350 W. iiiF4—Chocwick Creek ...... 48.074 N. 121.399 W. 48.055 N. 121.382 W. iiiF5—Elliott Creek ...... 48.057 N. 121.415 W. 48.027 N. 121.366 W. iiiF6—Weden Creek ...... 48.003 N. 121.438 W. 47.986 N. 121.443 W. iiiF7—Seventysix Gulch ...... 47.987 N. 121.392 W. 47.974 N. 121.383 W. iiiF8—Glacier Creek ...... 47.987 N. 121.392 W. 47.987 N. 121.367 W. iiiG1—Illabot Creek ...... 48.496 N. 121.530 W. 48.389 N. 121.318 W. iiiG2—Arrow Creek ...... 48.407 N. 121.389 W. 48.423 N. 121.395 W. iiiG3—Otter Creek ...... 48.421 N. 121.373 W. 48.424 N. 121.372 W.

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00064 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules 35831

From To Location—name Latitude Longitude Latitude Longitude

iiiH1—Cascade River ...... 48.524 N. 121.429 W. 48.463 N. 121.163 W. iiiH2—Jordan Creek ...... 48.522 N. 121.421 W. 48.515 N. 121.418 W. iiiH3—Boulder Creek ...... 48.518 N. 121.365 W. 48.512 N. 121.363 W. iiiH4—Marble Creek ...... 48.531 N. 121.281 W. 48.542 N. 121.251 W. iiiH5—Kindy Creek ...... 48.464 N. 121.207 W. 48.432 N. 121.206 W. iiiH6—Sonny Boy Creek ...... 48.462 N. 121.196 W. 48.427 N. 121.171 W. iiiH7—South Fork Cascade River ...... 48.463 N. 121.163 W. 48.391 N. 121.108 W. iiiI1—Bacon Creek ...... 48.586 N. 121.394 W. 48.681 N. 121.462 W. iiiI2—East Fork Bacon Creek ...... 48.661 N. 121.433 W. 48.713 N. 121.416 W.

(A) Maps of Unit 28—Puget Sound Basins—Lower Skagit critical habitat subunit follow:

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00065 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 35832 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00066 Fmt 4701 Sfmt 4725 E:\FR\FM\25JNP3.SGM 25JNP3 EP25JN04.015 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules 35833

(B) [Reserved] (iv) Upper Skagit Critical Habitat Subunit Descriptions:

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00067 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 EP25JN04.016 35834 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules

From To Location—name Latitude Longitude Latitude Longitude

ivA1—Diablo Lake ...... Located at 48.712 N. 121.109 W. ivA2—Ross Lake ...... Located at 48.870 N. 121.029 W. ivA3—Deer Creek ...... 48.715 N. 121.119 W. 48.721 N. 121.104 W. ivA4—Roland Creek ...... 48.762 N. 121.027 W. 48.770 N. 120.997 W. ivA5—Pierce Creek ...... 48.774 N. 121.060 W. 48.766 N. 121.072 W. ivA6—Devils Creek ...... 48.825 N. 121.042 W. 48.819 N. 121.001 W. ivA7—Big Beaver Creek ...... 48.773 N. 121.045 W. 48.842 N. 121.210 W. ivA8—Little Beaver Creek ...... 48.912 N. 121.064 W. 48.878 N. 121.322 W. ivA9—Silver Creek ...... 48.972 N. 121.092 W. 48.981 N. 121.188 W. ivB1—Thunder Creek ...... 48.712 N. 121.105 W. 48.563 N. 121.026 W. ivC1—Ruby Creek ...... 48.737 N. 121.046 W. 48.707 N. 120.916 W. ivC2—Granite Creek ...... 48.707 N. 120.916 W. 48.684 N. 120.882 W. ivC3—Panther Creek ...... 48.708 N. 120.975 W. 48.631 N. 120.977 W. ivD1—Canyon Creek ...... 48.707 N. 120.916 W. 48.775 N. 120.777 W. ivD2—Slate Creek ...... 48.757 N. 120.795 W. 48.754 N. 120.786 W. ivE1—Lightning Creek ...... 48.871 N. 121.027 W. 49.000 N. 120.978 W. ivE2—Three Fools Creek ...... 48.891 N. 120.973 W. 48.897 N. 120.847 W.

(A) Map of Unit 28—Puget Sound Basins—Upper Skagit critical habitat subunit follows:

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00068 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules 35835

(B) [Reserved] (v) Stillaguamish Critical Habitat Subunit Descriptions:

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00069 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 EP25JN04.017 35836 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules

From To Location—name Latitude Longitude Latitude Longitude

vA1—Stillaguamish River ...... 48.238 N. 122.377 W. 48.204 N. 122.126 W. vA2—South Pass ...... 48.226 N. 122.385 W. 48.238 N. 122.377 W. vA3—West Pass ...... 48.250 N. 122.396 W. 48.238 N. 122.377 W. vA4—Hat Slough ...... 48.197 N. 122.361 W. 48.209 N. 122.322 W. vB1—North Fork Stillaguamish River ...... 48.204 N. 122.126 W. 48.328 N. 121.639 W. vB2—Boulder River ...... 48.282 N. 121.786 W. 48.245 N. 121.827 W. vB3—Squire Creek ...... 48.280 N. 121.684 W. 48.194 N. 121.637 W. vC1—Deer Creek ...... 48.268 N. 121.931 W. 48.365 N. 121.793 W. vC2—Higgins Creek ...... 48.362 N. 121.806 W. 48.318 N. 121.754 W. vD1—South Fork Stillaguamish River ...... 48.204 N. 122.126 W. 48.030 N. 121.482 W. vD2—Jim Creek ...... 48.185 N. 122.076 W. 48.216 N. 121.939 W. vD3—Big Four Creek ...... 48.072 N. 121.523 W. 48.070 N. 121.511 W. vD4—Perry Creek ...... 48.063 N. 121.514 W. 48.076 N. 121.487 W. vD5—Buck Creek ...... 48.045 N. 121.480 W. 48.047 N. 121.471 W. vD6—Palmer Creek ...... 48.045 N. 121.481 W. 48.043 N. 121.468 W. vE1—Canyon Creek ...... 48.098 N. 121.969 W. 48.158 N. 121.816 W. vE2—North Fork Canyon Creek ...... 48.158 N. 121.816 W. 48.165 N. 121.817 W. vE3—South Fork Canyon Creek ...... 48.158 N. 121.816 W. 48.154 N. 121.784 W.

(A) Map of Unit 28—Puget Sound Basins—Stillaguamish critical habitat subunit follows:

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00070 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules 35837

(B) [Reserved] (vi) Snohomish/Skykomish Critical Habitat Subunit Descriptions:

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00071 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 EP25JN04.018 35838 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules

From To Location—name Latitude Longitude Latitude Longitude

viA1—Snohomish River ...... 48.020 N. 122.208 W. 47.830 N. 122.045 W. viA2—Ebey Slough ...... 48.022 N. 122.147 W. 47.941 N. 122.169 W. viA3—Steamboat Slough ...... 48.033 N. 122.203 W. 47.984 N. 122.168 W. viA4—Union Slough ...... 48.034 N. 122.190 W. 47.984 N. 122.166 W. viA5—Pilchuck River ...... 47.904 N. 122.090 W. 47.995 N. 121.745 W. viB1—Snoqualmie River ...... 47.830 N. 122.045 W. 47.541 N. 121.836 W. viB2—Tolt River ...... 47.641 N. 121.926 W. 47.696 N. 121.820 W. viB3—North Fork Tolt River ...... 47.710 N. 121.794 W. 47.718 N. 121.778 W. viB4—South Fork Tolt River ...... 47.696 N. 121.820 W. 47.693 N. 121.692 W. viC1—Skykomish River ...... 47.830 N. 122.045 W. 47.813 N. 121.578 W. viC2—Sultan River ...... 47.860 N. 121.819 W. 47.960 N. 121.795 W. viC3—Wallace River ...... 47.859 N. 121.794 W. 47.874 N. 121.648 W. viD1—North Fork Skykomish River ...... 47.813 N. 121.578 W. 47.922 N. 121.298 W. viD2—Trout Creek ...... 47.864 N. 121.487 W. 47.833 N. 121.433 W. viD3—West Cady Creek ...... 47.899 N. 121.318 W. 47.898 N. 121.306 W. viD4—Goblin Creek ...... 47.919 N. 121.307 W. 47.924 N. 121.311 W. viD5—Salmon Creek ...... 47.889 N. 121.451 W. 47.911 N. 121.481 W. viD6—South Fork Salmon Creek ...... 47.906 N. 121.475 W. 47.904 N. 121.485 W. viD7—Troublesome Creek ...... 47.897 N. 121.403 W. 47.925 N. 121.362 W. viE1—South Fork Skykomish River ...... 47.813 N. 121.578 W. 47.705 N. 121.305 W. viE2—Beckler River ...... 47.715 N. 121.339 W. 47.865 N. 121.310 W. viF1—Foss River ...... 47.653 N. 121.293 W. 47.705 N. 121.305 W. viF2—East Fork Foss River ...... 47.653 N. 121.293 W. 47.649 N. 121.276 W.

(A) Map of Unit 28—Puget Sound Basins—Snohomish/Skykomish critical habitat subunit follows:

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00072 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules 35839

(B) [Reserved] (vii) Chester Morse Lake Critical Habitat Subunit Descriptions:

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00073 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 EP25JN04.019 35840 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules

From To Location—name Latitude Longitude Latitude Longitude

viiA1—Chester Morse Lake ...... Located at 47.411 N. 121.736 W. viiA2—Masonry Pool ...... Located at 47.386 N. 121.697 W. viiA3—Rack Creek ...... 47.397 N. 121.716 W. 47.388 N. 121.730 W. viiA4—Shotgun Creek ...... 47.388 N. 121.701 W. 47.380 N. 121.706 W. viiB1—Cedar River ...... 47.412 N. 121.751 W. 47.313 N. 121.520 W. viiB2—unnamed tributary (stream catalog #0439) ...... 47.325 N. 121.534 W. 47.325 N. 121.531 W. viiB3—North Fork Cedar River ...... 47.313 N. 121.520 W. 47.317 N. 121.505 W. viiB4—South Fork Cedar River ...... 47.313 N. 121.520 W. 47.305 N. 121.512 W. viiC1—Rex River ...... 47.387 N. 121.697 W. 47.347 N. 121.644 W. viiC2—Cabin Creek ...... 47.367 N. 121.683 W. 47.363 N. 121.694 W. viiC3—Lindsay Creek ...... 47.351 N. 121.659 W. 47.347 N. 121.659 W. viiC4—Boulder Creek ...... 47.371 N. 121.687 W. 47.354 N. 121.706 W.

(A) Map of Unit 28—Puget Sound Basins—Chester Morse Lake critical habitat subunit follows:

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00074 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules 35841

(B) [Reserved] (viii) Puyallup Critical Habitat Subunit Descriptions:

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00075 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 EP25jn04.020 35842 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules

From To Location—Name Latitude Longitude Latitude Longitude

viiiA1—Puyallup River ...... 47.269 N. 122.425 W. 46.864 N. 121.949 W. viiiA2—Niesson Creek ...... 46.913 N. 122.045 W. 46.884 N. 122.030 W. viiiA3—Deer Creek ...... 46.873 N. 121.973 W. 46.836 N. 121.964 W. viiiA4—Swift Creek ...... 46.870 N. 121.962 W 46.873 N. 121.953 W. viiiA5—South Puyallup River ...... 46.864 N. 121.949 W. 46.821 N. 121.846 W. viiiA6—St. Andrews Creek ...... 46.837 N. 121.920 W. 46.833 N. 121.864 W. viiiB1—Mowich River ...... 46.901 N. 122.030 W. 46.915 N. 121.894 W. viiiB2—South Mowich River ...... 46.915 N. 121.894 W. 46.871 N. 121.845 W. viiiC1—Carbon River ...... 47.130 N. 122.232 W. 46.964 N. 121.794 W. viiiC2—Ranger Creek ...... 46.995 N. 121.853 W. 46.984 N. 121.854 W. viiiC3—Chenuis Creek ...... 46.992 N. 121.842 W. 46.993 N. 121.841 W. viiiC4—Ipsut Creek ...... 46.980 N. 121.832 W. 46.971 N. 121.831 W. viiiD1—White River ...... 47.200 N. 122.257 W. 46.902 N. 121.636 W. viiiD2—Huckleberry Creek ...... 47.079 N. 121.585 W. 46.989 N. 121.622 W. viiiD3—Silver Springs ...... 46.996 N. 121.530 W. 46.998 N. 121.531 W. viiiD4—Crystal Creek ...... 46.929 N. 121.537 W. 46.920 N. 121.525 W. viiiD5—Klickitat Creek ...... 46.909 N. 121.548 W. 46.903 N. 121.546 W. viiiD6—Unnamed tributary (stream catalog #0364) ...... 46.905 N. 121.559 W. 46.909 N. 121.573 W. viiiD7—Fryingpan Creek ...... 46.891 N. 121.601 W. 46.869 N. 121.649 W. viiiD8—Clearwater River ...... 47.146 N. 121.833 W. 47.079 N. 121.781 W. viiiE1—Greenwater River ...... 47.159 N. 121.659 W. 47.093 N. 121.457 W. viiiE2—Midnight Creek (stream catalog #0126) ...... 47.131 N. 121.599 W. 47.139 N. 121.573 W. viiiE3—Slide Creek ...... 47.123 N. 121.542 W. 47.133 N. 121.539 W. viiiE4—Pyramid Creek ...... 47.109 N. 121.479 W. 47.113 N. 121.454 W. viiiF1—West Fork White River ...... 47.125 N. 121.618 W. 46.941 N. 121.707 W. viiiF2—Cripple Creek ...... 47.048 N. 121.692 W. 47.041 N. 121.695 W. viiiF3—Unnamed tributary (stream catalog #0217) ...... 46.992 N. 121.704 W. 46.992 N. 121.714 W. viiiF4—Unnamed tributary (stream catalog #0234) ...... 46.965 N. 121.712 W. 46.959 N. 121.711 W. viiiF5—Unnamed tributary (stream catalog #0226) ...... 46.962 N. 121.710 W. 46.960 N. 121.717 W. viiiF6—Lodi Creek ...... 46.960 N. 121.705 W. 46.940 N. 121.687 W.

(A) Map of Unit 28—Puget Sound Basins—Puyallup critical habitat subunit follows:

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00076 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules 35843

(B) [Reserved] (ix) Samish Critical Habitat Subunit Descriptions:

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00077 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 EP25JN04.021 35844 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules

From To Location—name Latitude Longitude Latitude Longitude

ixA1—Samish River ...... 48.555 N. 122.456 W. 48.649 N. 122.207 W.

(A) Map of Unit 28—Puget Sound Basins—Samish critical habitat subunit follows:

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00078 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules 35845

(B) [Reserved] (x) Lake Washington Critical Habitat Subunit Descriptions:

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00079 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 EP25JN04.022 35846 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules

From To Location—name Latitude Longitude Latitude Longitude

xA1—Lake Washington ...... Located at 47.604 N. 122.252 W. xA2—Lake Union ...... Located at 47.639 N. 122.334 W.

(A) Map of Unit 28—Puget Sound Basins—Lake Washington critical habitat subunit follows:

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00080 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules 35847

(B) [Reserved] (xi) Lower Green Critical Habitat Subunit Descriptions:

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00081 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 EP25JN04.023 35848 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules

From To Location—name Latitude Longitude Latitude Longitude

xiA1—East Duwamish Waterway ...... 47.590 N. 122.343 W. 47.567 N. 122.346 W. xiA1—Duwamish River ...... 47.586 N. 122.359 W. 47.474 N. 122.250 W. xiA2—Green River ...... 47.474 N. 122.250 W. 47.299 N. 121.839 W.

(A) Map of Unit 28—Puget Sound Basins—Lower Green critical habitat subunit follows:

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00082 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules 35849

(B) [Reserved] (xii) Lower Nisqually Critical Habitat Subunit Descriptions:

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00083 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 EP25JN04.024 35850 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules

From To Location—name Latitude Longitude Latitude Longitude

xiiA1—Nisqually River ...... 47.101 N. 122.691 W. 46.835 N. 122.323 W.

(A) Map of Unit 28—Puget Sound Basins—Lower Nisqually critical habitat subunit follows:

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00084 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules 35851

(A) Map of Unit 28—Puget Sound (xiii) Puget Sound Marine Critical Basins—Samish critical habitat subunit Habitat Subunit Descriptions: (B) [Reserved]

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00085 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 EP25JN04.025 35852 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules

From To Location—name Latitude Longitude Latitude Longitude

xiiiA1—Eastern Shoreline Puget Sound (North) ...... 48.511 N. 122.605 W. 49.000 N. 122.755 W. xiiiA2—Swinomish Channel ...... 48.372 N. 122.508 W. 48.455 N. 122.513 W. xiiiA3—Eastern Shoreline Puget Sound (South) ...... 47.102 N. 122.727 W. 48.426 N. 122.674 W. xiiiB1—Eastern Shoreline Lummi Island ...... 48.641 N. 122.608 W. 48.717 N. 122.718 W. xiiiB2—Portage Island ...... Located at 48.701 N. 122.618 W. xiiiB3—Eastern Shoreline Guemes Island ...... 48.529 N. 122.572 W. 48.589 N. 122.645 W. xiiiB4—Eastern Shoreline Whidbey Island ...... 47.905 N. 122.387 W. 48.370 N. 122.665 W. xiiiB5—Hope Island ...... Located at 48.399 N. 122.568 W. xiiiB6—Goat Island ...... Located at 48.363 N. 122.529 W. xiiiB7—Ika Island ...... Located at 48.363 N. 122.501 W. xiiiB8—Gedney Island ...... Located at 48.013 N. 122.319 W. xiiiB9—Southeastern Shoreline Vashon Island ...... 47.331 N. 122.492 W. 47.349 N. 122.450 W.

(A) Maps of Unit 28—Puget Sound Basins—Puget Sound Marine critical habitat subunit follow:

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00086 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules 35853

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00087 Fmt 4701 Sfmt 4725 E:\FR\FM\25JNP3.SGM 25JNP3 EP25JN04.026 35854 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules

(34) Unit 29—Saint Mary—Belly: (i) Saint Mary River Critical Habitat Subunit Descriptions:

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00088 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 EP25JN04.027 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules 35855

From To Location—name Latitude Longitude Latitude Longitude

iA1—Saint Mary River ...... 48.998 N. 113.326 W. 48.668 N. 113.615 W. iA2—Lower Saint Mary Lake ...... Located at 48.795 N. 113.419 W. iA3—Saint Mary Lake ...... Located at 48.718 N. 113.465 W. iB1—Lee Creek ...... 48.998 N. 113.600 W. 48.960 N. 113.644 W. iB2—Jule Creek ...... 48.988 N. 113.613 W. 48.954 N. 113.617 W. iB3—Middle Fork Lee Creek ...... 48.998 N. 113.549 W. 48.978 N. 113.585 W. iC1—Kennedy Creek ...... 48.905 N. 113.409 W. 48.851 N. 113.604 W. iD1—Otatso Creek ...... 48.915 N. 113.464 W. 48.892 N. 113.644 W. iE1—Swiftcurrent Creek ...... 48.836 N. 113.428 W. 48.828 N. 113.521 W. iF1—Boulder Creek ...... 48.839 N. 113.459 W. 48.732 N. 113.608 W. iG1—Divide Creek ...... 48.751 N. 113.437 W. 48.634 N. 113.444 W. iH1—Slide Lakes—upper pool ...... Located at 48.902 N. 113.623 W. iH2—Slide Lakes—lower pool ...... Located at 48.905 N. 113.615 W. iI1—Cracker Lake ...... Located at 48.744 N. 113.643 W. iI2—Canyon Creek ...... 48.796 N. 113.622 W. 48.734 N. 113.654 W. iJ1—Red Eagle Lake ...... Located at 48.652 N. 113.505 W. iJ2—Red Eagle Creek ...... 48.648 N. 113.509 W. 48.638 N. 113.521 W.

(ii) Belly River Critical Habitat Subunit Descriptions:

From To Location—name Latitude Longitude Latitude Longitude

iiA1—North Fork Belly River ...... 48.998 N. 113.754 W. 48.981 N. 113.770 W.

(A) Map of Unit 29—Saint Mary— Belly—Saint Mary River and Belly River Critical Habitat Subunits follows:

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00089 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 35856 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00090 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3 EP25JN04.028 Federal Register / Vol. 69, No. 122 / Friday, June 25, 2004 / Proposed Rules 35857

(B) [Reserved] Dated: June 15, 2004. Craig Manson, Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 04–14014 Filed 6–23–04; 8:45 am] BILLING CODE 4310–55–C

VerDate jul<14>2003 21:00 Jun 24, 2004 Jkt 203001 PO 00000 Frm 00091 Fmt 4701 Sfmt 4702 E:\FR\FM\25JNP3.SGM 25JNP3