Federal Register / Vol. 63, No. 154 / Tuesday, August 11, 1998 / Rules and Regulations 42757

(b) NASA Form 1680, entitled, The Jarbidge population segment, and St. Mary-Belly River population ‘‘Evaluation of Performance,’’ shall be composed of a single subpopulation, is segments as threatened was also used to document evaluations. This threatened by habitat degradation from published in the Federal Register on provides for a five-tiered rating (using past and ongoing land management June 10, 1998 (63 FR 31693). The the definitions for award fee evaluation activities such as mining, road approach is consistent with the joint scoring found in 1816.405–275) construction and maintenance, and National Marine Fisheries Service covering the following attributes: grazing. Recently initiated river channel (NMFS) and Service’s policy for quality, timeliness, price or control of alteration associated with unauthorized recognizing distinct vertebrate costs (not required for firm-fixed-price road construction on the West Fork of population segments under the Act contracts or firm-fixed-price contracts the Jarbidge River is believed to (February 7, 1996; 61 FR 4722). This with economic price adjustment), and imminently threaten the survival of the emergency rule addresses only the other considerations. Evaluations used Jarbidge River bull trout population. Jarbidge River bull trout DPS. in determining award fee payments Because of the need to make the The Jarbidge River, located in satisfy the requirements of this subpart protective measures afforded by the Act southwest and northern , and do not require completion of NASA immediately available to the Jarbidge is a tributary in the basin Form 1680. In addition, hybrid contracts River population of bull trout and its and contains the southernmost habitat containing both award fee and non- habitat, the Service finds that an occupied by bull trout. This population award fee portions do not require emergency rule action is justified. This segment is discrete because it is completion of NASA Form 1680. emergency rule provides Federal segregated from other bull trout in the Contracting Officers shall ensure that protection pursuant to the Act for the Snake River basin by a large gap (greater the Government discusses all Jarbidge River population of bull trout than 240 kilometers (km) (150 miles evaluations with contractors and shall for a period of 240 days. A proposed (mi)) in suitable habitat and several record the date and the participants on rule to list the Jarbidge River population impassable dams on the mainstem the evaluation form. Contracting officers of bull trout as threatened, which Snake River. The occurrence of a shall sign and date the evaluation after requested data and comment from the species at the extremities of its range is considering any comments received public, was published in the Federal not necessarily sufficient evidence of from the contractor within 30 days of Register on June 10, 1998. The comment significance to the species as a whole. the contractor’s receipt of the period on the proposed rule closes on However, because the Jarbidge River evaluation. If a contractor in its timely October 8, 1998. possesses bull trout habitat that is disjunct from other patches of suitable comments disagrees with an evaluation DATES: This emergency rule is effective habitat, the population segment is and requests a review at a level above on August 11, 1998, and expires on considered significant because it the contracting officer, it shall be April 8, 1999. provided within 30 days. While the FAR occupies a unique or unusual ecological ADDRESSES: The complete file for this setting, and its loss would result in a forbids use of the evaluations for source rule is available for inspection, by selections more than three years after substantial modification of the species’ appointment, during normal business range. contract completion, they shall hours at the U. S. Fish and Wildlife nevertheless be retained in the contract Service, Nevada Fish and Wildlife Status and Distribution file as provided in FAR 4.8, Government Office, 1340 Financial Boulevard, Suite To facilitate evaluation of current bull Contract Files. 234, Reno, Nevada 89502. trout distribution and abundance for the [FR Doc. 98–21503 Filed 8–10–98; 8:45 am] FOR FURTHER INFORMATION CONTACT: Jarbidge River population segment, the BILLING CODE 7510±01±P Robert D. Williams, Field Supervisor, Service analyzed data on a Nevada Fish and Wildlife Office (see subpopulation basis within the segment ADDRESSES section; telephone: 702/861– because fragmentation and barriers have DEPARTMENT OF THE INTERIOR 6300). isolated bull trout. A subpopulation is SUPPLEMENTARY INFORMATION: considered a reproductively isolated Fish and Wildlife Service bull trout group that spawns within a Background particular area(s) of a river system. 50 CFR Part 17 A complete discussion of this section The Jarbidge River DPS consists of is contained in the proposed rule one bull trout subpopulation occurring RIN 1080±AF01 published on June 10, 1998 (63 FR primarily in Nevada (Service 1998b). Endangered and Threatened Wildlife 31693). Resident fish inhabit the headwaters of the East Fork and West Fork of the and Plants: Emergency Listing of the Distinct Population Segments Jarbidge River Population Segment of Jarbidge River and several tributary Bull Trout as Endangered The best available scientific and streams, and low numbers of migratory commercial information supports (fluvial) fish are present (Zoellick et al. AGENCY: Fish and Wildlife Service, designating five distinct population 1996; L. McLelland, Nevada Division of Interior. segments (DPSs) of bull trout in the Wildlife (NDOW), in litt. 1998; K. ACTION: Emergency rule. coterminous United States—(1) Klamath Ramsey, Humboldt National Forest River, (2) , (3) Coastal- (HNF), in litt. 1997). Bull trout were not SUMMARY: The U.S. Fish and Wildlife Puget Sound, (4) Jarbidge River, and (5) observed during surveys in the Idaho Service (Service) exercises its St. Mary-Belly River. A final listing portion of the Jarbidge River basin in emergency authority to determine the determination for the Klamath River and 1992 and 1995 (Warren and Partridge Jarbidge River population segment of Columbia River DPSs was published in 1993; Allen et al. 1997), however, a bull trout (Salvelinus confluentus) from the Federal Register on June 10, 1998 single, small bull trout was captured the Jarbidge River basin in southern (63 FR 31647), and includes a detailed when traps were operated on the lower Idaho and northern Nevada to be description of the rationale behind the East Fork and West Fork Jarbidge River endangered pursuant to the Endangered DPS delineation. A proposed rule to list during August through October 1997 (F. Species Act of 1973, as amended (Act). the Coastal Puget Sound, Jarbidge River, Partridge, Idaho Department of Fish and

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Game (IDFG), pers. comm. 1998). A loss It is estimated that between 50 and 1991; Meehan 1991; Nehlsen et al. 1991; of range likely has occurred for 125 bull trout spawn throughout the Sedell and Everest 1991; Craig and migratory bull trout (fluvial) in the Jarbidge River basin annually (Johnson, Wissmar 1993; Frissell 1993; Henjum et lower Jarbidge and Bruneau and pers. comm. 1998). However, exact al. 1994; McIntosh et al. 1994; Wissmar perhaps downstream to the Snake River spawning sites and timing are uncertain et al. 1994; U.S. Department of (Johnson and Weller 1994; Zoellick et (Johnson, pers. comm. 1998) and only Agriculture (USDA) and U.S. al. 1996). Low numbers of migratory two redds have been observed in the Department of the Interior (USDI) 1995, (fluvial) bull trout have been basin (Ramsey, in litt. 1997; Ramsey, 1996, 1997; Light et al. 1996; MBTSG documented in the West Fork Jarbidge pers. comm. 1998a). Presumed 1995a–e, 1996a–h). River from the 1970’s through the mid- spawning streams have been identified Although timber was historically 1980’s (Johnson and Weller 1994). by records of one or more small bull removed from the Jarbidge River basin, The distribution of bull trout in trout (about 76 mm (3 in)). forest management is not thought to be Nevada includes at least six headwater Population trend information for bull a major factor currently affecting bull streams above 2,200 meters (m) (7,200 trout in the Jarbidge River trout habitat. The steep terrain of the feet (ft)), primarily in wilderness areas— subpopulation is not available, although Jarbidge River basin has been a deterrent East Fork and West Fork Jarbidge River the current characteristics of bull trout to grazing (J. Frederick, HNF, in litt. and Slide, Dave, Pine, and Jack creeks in the basin (i.e., low numbers and 1998a); and grazing does not occur in (Johnson and Weller 1994). Zoellick et disjunct distribution) have been approximately 60 percent of the al. (1996) compiled data from 1954 described as similar to that observed in watershed. Although much of the through 1993 and estimated bull trout the 1950’s (Johnson and Weller 1994). remaining 40 percent of public and population size in the middle and upper Based on recent surveys, the private lands are grazed, the effects are headwater areas of the West Fork and subpopulation is considered localized and considered of relatively East Fork of the Jarbidge River. In each ‘‘depressed’’ (less than 5,000 minor importance to bull trout habitat stream, sampled areas were located at individuals or 500 spawners likely in the Jarbidge River basin. For example, elevations above 1,792 m (5,880 ft), and occur in the subpopulation, abundance livestock grazing is affecting about 3.2 population estimates were less than 150 appears to be declining, or a life-history km (2 mi) of the East Fork Jarbidge River fish/km (240 fish/mi) (Zoellick et al. form historically present has been lost). and portions of Dave Creek and Jack 1996). Past and present activities within the Creek (Frederick, pers. comm. 1998; basin are likely restricting bull trout Johnson, pers. comm. 1998). In general, bull trout represent a Ongoing threats affecting bull trout minor proportion of the fish fauna migration in the Jarbidge River, thus reducing opportunities for bull trout habitat have created degraded downstream of the headwater reaches; conditions in the West Fork Jarbidge native redband trout are the most reestablishment in areas where the fish are no longer found (Service 1998b). River (McNeill et al. 1997; Frederick, abundant salmonid and sculpin the pers. comm. 1998; Ramsey, pers. comm. most abundant fish (Johnson and Weller Previous Federal Action 1998a). At least 11.2 km (7 mi) of the 1994). Although accounts of bull trout A complete discussion of this section West Fork Jarbidge River has been distribution in the Jarbidge River basin is contained in the proposed rule affected by over a century of human date to the 1930’s, historic abundance is published on June 10, 1998 (63 FR activities such as road development and not well documented. In 1934, bull trout 31693). maintenance, historic mining and mine were collected in the East Fork Jarbidge (adit) drainage, channelization and River drainage downstream of the Summary of Factors Affecting The removal of large woody debris, Idaho-Nevada border (Miller and Species residential development, road and Morton 1952). In 1985, 292 bull trout Procedures found in section 4 of the campground development on U.S. ranging from 73 to 266 millimeters (mm) Act and regulations (50 CFR part 424) Forest Service lands (McNeill et al. (2.9 to 10.5 inches (in)) in total length, promulgated to implement the Act set 1997). As a result of these activities, the were estimated to reside in the West forth the procedures for adding species riparian canopy and much of the upland Fork Jarbidge River (Johnson and Weller to the Federal lists. A species may be forest has been removed, recruitment of 1994). In 1992, the abundance of bull determined to be an endangered or large woody debris reduced, and trout in the East Fork Jarbidge River was threatened species due to one or more channel stability has decreased (McNeill estimated to be 314 fish ranging from of the five factors described in section et al. 1997; Ramsey, in litt. 1997; 115 to 165 mm (4.5 to 6.5 in) in total 4(a)(1). These factors and their Frederick, in litt. 1998a). These length (Johnson and Weller 1994). In application to the Jarbidge River activities reduce habitat complexity and 1993, bull trout numbers in Slide and population segment of bull trout likely elevate water temperatures Dave creeks were estimated at 361 and (Salvelinus confluentus) are as follows: seasonally. For example, water 251 fish, respectively (Johnson and temperatures recorded near Bluster Weller 1994). During snorkel surveys A. The Present or Threatened Bridge were 15 to 17°C (59 to 63° F) for conducted in October 1997, no bull Destruction, Modification, or 24 days in 1997. trout were observed in 40 pools of the Curtailment of its Habitat or Range Culverts installed at road crossings West Fork Jarbidge River or in four 30- Land and water management may act as barriers to bull trout m (100-ft) transects in Jack Creek (G. activities that degrade and continue to movement in the Jarbidge River basin. Johnson, NDOW, pers. comm. 1998). threaten all of the bull trout distinct For example, an Elko County road Only one bull trout had been observed population segments, including the culvert had prevented upstream at the four transects in 1992 (Johnson, Jarbidge River population segment, in movement of bull trout in Jack Creek, a pers. comm. 1998). However, it is the coterminous United States include West Fork Jarbidge River tributary, for premature to consider bull trout dams, forest management practices, approximately 17 years. Private and extirpated in Jack Creek (Service 1998b). livestock grazing, agriculture and public funding was used to replace the There is no information on whether bull agricultural diversions, roads, and culvert with a bridge in the fall of 1997 trout have been extirpated from other mining (Beschta et al. 1987; (Frederick, in litt. 1998b); however, a Jarbidge River headwater tributaries. Chamberlain et al. 1991; Furniss et al. rock structure approximately 300 m

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(1,000 ft) upstream the bridge in Jack Power Act, State Endangered Species Service. The task force was successful in Creek may still impede bull trout Acts and numerous State laws and 1997 in obtaining nearly $150,000 for movement, at least seasonally during regulations oversee an array of land and replacing the Jack Creek culvert with a low flows. water management activities that affect concrete bridge to facilitate bull trout bull trout and their habitat. passage into Jack Creek. However, the B. Overutilization for Commercial, Regulatory mechanisms addressing task force has not yet developed a Recreational, Scientific, or Educational alterations to stream channels, riparian comprehensive conservation plan Purposes areas, and floodplains from road addressing all threats to bull trout in the Declines in bull trout have prompted construction and maintenance, and the Jarbidge River basin. states to institute restrictive fishing effects associated with roads and past In 1995, the Humboldt National regulations and eliminate the harvest of mining on water quality, have been Forest plan was amended to include the bull trout in most waters in Idaho and inadequate to protect bull trout habitat Inland Native Fish Strategy. This fish Nevada. Overutilization by angling was in the Jarbidge River basin. For example, and wildlife habitat policy sets a no net a concern in the past for the Jarbidge the Jarbidge Road parallels the loss objective and is currently guiding River DPS of bull trout. Although Idaho West Fork Jarbidge River for much of its Forest Service planning of possible prohibited harvest of bull trout length and includes at least seven reconstruction of a portion of the beginning in 1995, Nevada, until undersized bridges for the stream and Jarbidge Canyon Road (Ramsey 1997). In recently, allowed harvest of up to 10 floodplain. Maintenance of the road and June 1998, HNF issued the Jarbidge trout per day, including bull trout, in bridges require frequent channel and River Environmental Assessment for the Jarbidge River basin. An estimated floodplain modifications that affect bull Access and Restoration between Pine 100 to 400 bull trout were harvested trout habitat, such as channelization; Creek Campground and the Jarbidge annually in the Jarbidge River basin removal of riparian trees and beaver Wilderness (HNF 1998). (Johnson 1990; P. Coffin, Service, pers. dams; and placement of rock, sediment, E. Other Natural or Manmade Factors comm. 1994; Coffin, in litt. 1995). and concrete (McNeill et al. 1997; Affecting its Continued Existence Nevada State regulations were recently Frederick, pers. comm. 1998; Frederick, amended to allow only catch-and- in litt. 1998a). In 1995, debris torrents Natural and manmade factors release of bull trout starting March 1, washed out a portion of the upper affecting the continued existence of bull 1998 (G. Weller, NDOW, in litt. 1997; Jarbidge Canyon Road above Pine Creek. trout include—previous introductions of Johnson, pers. comm. 1998). The The Service has recommended that this non-native species that compete, Service anticipates that this change in road segment be closed to vehicular hybridize, and prey on bull trout; the regulations will have a positive traffic and that a trail be maintained to fragmentation and isolation of bull trout effect on conservation of bull trout, reduce the effects of the road and its subpopulations from habitat changes however, the effects of the new harvest maintenance on the river (R. Williams, caused by human activities; and regulations may require five years to Service, in litt. 1998). Periodic subpopulation extirpations due to evaluate (Johnson, pers. comm. 1998). channelization in the Jarbidge River by naturally occurring events such as unknown parties has occurred without droughts, floods and other C. Disease and Predation the oversight provided by the Corps of environmental events. Diseases affecting salmonids are Engineers Clean Water Act section 404 Previous introductions of non-native present or likely present in the Jarbidge regulatory program (M. Elpers, Service, species by the Federal government, DPS, but are not thought to be a factor pers. comm. 1998), and the HNF has State fish and game departments and for listing bull trout. However, been unable to control trespass unauthorized private parties, across the interspecific interactions, including (unauthorized road openings) on range of bull trout has resulted in predation, likely negatively affect bull Federal lands. Several old mines (adits) declines in abundance, local trout where non-native salmonids have are releasing small quantities of warm extirpations, and hybridization of bull been introduced (J. Palmisano and V. water and other contaminants into the trout (Bond 1992; Howell and Buchanan Kaczynski, Northwest Forestry West Fork Jarbidge River. 1992; Leary et al. 1993; Donald and Resources Council (NFRC), in litt. 1997). The Nevada water temperature Alger 1993; Pratt and Huston 1993; standards throughout the Jarbidge River MBTSG 1995b,d, 1996g; Platts et al. D. The Inadequacy of Existing are 21°C (67°F) for May through 1995; Palmisano and Kaczynski, in litt. Regulatory Mechanisms October, and 7°C (45°F) for November 1997). Non-native species may Although efforts are underway to through April, with less than 1°C (2°F) exacerbate stresses on bull trout from assist in conserving bull trout change for beneficial uses (Nevada habitat degradation, fragmentation, throughout the coterminous U.S. (e.g., Department of Environmental Protection isolation, and species interactions Batt 1996; R. Joslin, USFS, in litt. 1997; (NDEP), in litt. 1998). Water temperature (Rieman and McIntyre 1993). In some A. Thomas, BLM, in litt. 1997), the standards for May through October lakes and rivers, introduced species, implementation and enforcement of exceed temperatures conducive to bull such as rainbow trout or kokanee, may existing Federal and State laws designed trout spawning, incubation, and rearing benefit large adult bull trout by to conserve fishery resources, maintain (Rieman and McIntyre 1993; Buchanan providing supplemental forage (Faler water quality, and protect aquatic and Gregory 1997). and Bair 1991; Pratt 1992; ODFW, in litt. habitat have not been sufficient to In 1994, a local Bull Trout Task Force 1993; MBTSG 1996a). However, the prevent past and ongoing habitat was formed to gather and share same introductions of game fish can degradation leading to bull trout information on bull trout in the Jarbidge negatively affect bull trout due to declines and isolation. Regulatory River. The task force is open to any increased angling and subsequent mechanisms, including the National representative from Elko and Owyhee incidental catch, illegal harvest of bull Forest Management Act, the Federal counties, the towns of Jarbidge (Nevada) trout, and competition for space (Rode Land Policy and Management Act, the and Murphy Hot Springs (Idaho), road 1990; Bond 1992; WDW 1992; MBTSG Public Rangelands Improvement Act, districts, private landowners, NDOW, 1995d). the Clean Water Act, the National IDFG, the Boise District of Bureau of ‘‘The smaller and more isolated parts Environmental Policy Act, Federal Land Management, HNF, and the of the range [such as the bull trout

VerDate 10-AUG-98 18:03 Aug 10, 1998 Jkt 010199 PO 00000 Frm 00075 Fmt 4700 Sfmt 4700 E:\FR\FM\P11AU0.PT1 11aur1 PsN: 11aur1 42760 Federal Register / Vol. 63, No. 154 / Tuesday, August 11, 1998 / Rules and Regulations remaining in the Owyhee Uplands existence of bull trout in the upper Reasons for Emergency Determination ecological reporting units or Jarbidge Jarbidge River and tributary streams. In Under section 4(b)(7) of the Act and River basin] likely face a higher risk’’ of June, 1995, a rain on snow event 50 CFR 424.20, the Secretary may naturally occurring extirpation relative triggered debris torrents from three of determine a species to be endangered or to other bull trout populations (Rieman the high gradient tributaries to the threatened by emergency rule that shall et al. 1997). One such risk is fire. In Jarbidge River in the upper watershed cease 240 days following publication in 1992, a 4,900 hectare (ha) (12,000 acre (McNeill et al. 1997). The relationship the Federal Register. The reasons for (ac)) fire (Coffeepot Fire) occurred at between these catastrophic events and this rule are discussed below. If at any lower elevations, up to 2,286 m (7,500 the history of intensive livestock time after this rule has been published, ft), in areas adjacent to the Bruneau grazing, burning to promote livestock the Secretary determines that River basin and a small portion of the forage, timber harvest and recent fire substantial evidence does not exist to Jarbidge River basin. Although the control in the Jarbidge River basin is warrant such a rule, it shall be Coffeepot Fire did not affect areas unclear. However, debris torrents may withdrawn. currently occupied by bull trout, similar potentially affect the long-term viability An emergency posing a significant conditions likely exist in nearby areas of the Jarbidge River bull trout risk to the well-being and continued where bull trout occur. Adverse effects subpopulation. survival of the Jarbidge River bull trout of fire on bull trout habitat may include The Jarbidge River population population exists as a result of channel loss of riparian canopy, increased water alteration associated with unauthorized temperature and sediment, loss of pools, segment is composed of a single subpopulation, characterized by low road construction, and the substantial mass wasting of soils, altered hydrologic risk that such construction will regime and debris torrents. Fires large numbers of resident fish. Activities such continue. On July 22, 1998, the Elko enough to eliminate one or two as road construction and maintenance, County Road Department was actively suspected spawning streams are more mining and grazing threaten bull trout working in and along the Jarbidge River likely at higher elevations where bull in the Jarbidge River basin. Although to repair the Jarbidge Canyon Road (also trout are usually found in the Jarbidge some of these activities have been referred to as South Canyon Road and River basin (Frederick, in litt. 1998a; modified or discontinued in recent Forest Development Road #064), as Ramsey, pers. comm. 1998b). years, the lingering effects continue to Hybridization with introduced brook alter water quality, contribute to directed in a resolution passed by the trout is also a potential threat. In the channel and bank instability, and Elko County Board of Commissioners on West Fork Jarbidge River, approximately inhibit habitat recovery. Ongoing threats July 15, 1998. On July 22, 1998, a Forest one percent of the harvest from the include channel and bank alterations Service employee reported a 5.6 km (3.5 1960’s through the 1980’s was brook associated with road construction and mi) plume of sediment downstream trout (Johnson 1990). Some brook trout maintenance, a proposed stream from the construction site. Fish and may spill out of Emerald Lake into the rechannelization project, recreational Wildlife Service and Forest Service staff East Fork Jarbidge River during peak fishing (intentional and unintentional visited the area on July 23, 1998. They runoff events, but the lake lacks a harvest), and competition with brook observed approximately 275 m (300 defined outlet so that the event appears trout. yards (yd)) of new road where the river unlikely (Johnson, pers. comm. 1994). had previously flowed. To create the Based on the above factors, the road, sections of river were roughly Although low numbers of brook trout Service determined that it was persist in the Jarbidge River basin, filled with material from adjacent appropriate to propose listing the conditions are apparently not conducive hillsides and debris left by the 1995 Jarbidge River population of bull trout to the expansion of a brook trout flood. The construction activity had as threatened, and did so on June 10, population. completely destroyed all aquatic habitat Other naturally occurring risks have 1998. Developments subsequent to in this area. The entire river flow was been recently documented. The Jarbidge publication of that proposed rule have diverted into a newly created straight River Watershed Analysis (McNeill et led the Service to conclude that it is channel lacking pools and cover. All al. 1997) indicates that 65 percent of the appropriate to use the Act’s emergency riparian vegetation, including mature upper West Fork Jarbidge River basin provision to list the Jarbidge River bull trees, adjacent to the new channel had has a 45 percent or greater slope. Debris trout population as endangered. This been removed. Impacts of resultant from high spring runoff flows in the population is endangered by habitat sedimentation in areas of the river various high gradient side drainages destruction and degradation resulting downstream are being evaluated. The such as Snowslide, Gorge, and Bonanza from channel alteration associated with NDOW and HNF are currently gulches provide the West Fork Jarbidge recently-initiated, unauthorized road evaluating the total extent of impacts River with large volumes of angular rock construction along the West Fork from the construction. Water material. This material has moved down Jarbidge River, and a substantial risk temperatures recorded on July 22, 1998, the gulches at regular intervals, altering that this construction will continue. suggest that this portion of the river the river channel and damaging the After carefully assessing the best would have supported bull trout prior to Jarbidge River Canyon road, culverts, scientific and commercial information the construction activity. and bridge crossings. Most of the river available regarding the past, present, Elko County stopped the road work at flows are derived from winter snowpack and future threats faced by the Jarbidge all locations on July 24, 1998, after in the high mountain watershed, with River population segment of bull trout, receiving cease and desist orders from peak flows corresponding with spring and based on the reasoning discussed the State of Nevada and the Corps of snowmelt, typically in May and June below, the Service has concluded that Engineers. At present, the Service is (McNeill et al. 1997). Rain on snow this population is in imminent danger of concerned that Elko County will resume events earlier in the year (January and extinction throughout all or a significant the unauthorized road work. Continued February) can cause extensive flooding portion of its range within the distinct unauthorized reconstruction of the 2.4 problems and has the potential for mass- population segment. The Jarbidge River km (1.5 mi) of the Jarbidge Canyon Road wasting, debris torrents, and earth population segment is, therefore, damaged by the 1995 flood would result slumps, which could threaten the endangered as defined in the Act. in the direct loss of 27 percent of the

VerDate 10-AUG-98 18:03 Aug 10, 1998 Jkt 010199 PO 00000 Frm 00076 Fmt 4700 Sfmt 4700 E:\FR\FM\P11AU0.PT1 11aur1 PsN: 11aur1 Federal Register / Vol. 63, No. 154 / Tuesday, August 11, 1998 / Rules and Regulations 42761 known occupied bull trout habitat in the this interagency cooperation provision incidental take in connection with West Fork Jarbidge River (8.8 km (5.5 of the Act are codified at 50 CFR Part otherwise lawful activities. mi); Johnson and Weller 1994), which 402. Section 7(a)(4) requires Federal It is the policy of the Service, as has among the highest reported agencies to confer with the Service on published in the Federal Register on densities of bull trout within the any action that is likely to jeopardize July 1, 1994 (59 FR 34272), to identify Jarbidge River DPS (85 fish/km; 53 fish/ the continued existence of a species to the maximum extent practicable at mi; Johnson and Weller 1994). The road proposed for listing or result in the time a species is listed those construction would also indirectly destruction or adverse modification of activities that would or would not impact an additional 21 km (13 mi) of proposed critical habitat. If a species is constitute a violation of section 9 of the bull trout habitat downstream of the listed subsequently, section 7(a)(2) Act. The intent of this policy is to construction site in the West Fork requires Federal agencies to insure that increase public awareness of the effect Jarbidge River, and potentially 45 km activities that they authorize, fund, or of this listing on proposed and ongoing (28 mi) in the mainstem Jarbidge River. carry out are not likely to jeopardize the activities within the species’ range. The This construction activity has deposited continued existence of a listed species Service believes the following would additional sediment into the West Fork or to destroy or adversely modify its not be likely to result in a violation of Jarbidge River; this sediment has been critical habitat. If a Federal action may section 9: carried downstream causing further affect a listed species or its critical (1) Actions that may affect bull trout damage to bull trout habitat. Indirect habitat, the responsible Federal agency in the Jarbidge River population impacts include alteration of stream must enter into formal consultation with segment and are authorized, funded or flow and water temperature, increased the Service. carried out by a Federal agency when sediment transport, decreased The Jarbidge bull trout population the action is conducted in accordance invertebrate production, disruption of segment occurs on lands administered with an incidental take statement issued migration and spawning during August by the USFS, various State-owned by the Service pursuant to section 7 of through September caused by stream properties, and private lands. Federal the Act. turbidity and sedimentation, and agency actions that may require The following actions likely would be decreased survival of eggs and juveniles conference or consultation as described considered a violation of section 9: from deposition of fine sediment. The in the preceding paragraph include COE (1) Take of bull trout without a combination of direct and indirect involvement in projects such as the permit, which includes harassing, impacts resulting from the unauthorized construction of roads and bridges, and harming, pursuing, hunting, shooting, road construction, and the substantial the permitting of wetland filling and wounding, killing, trapping, capturing, risk that the construction will continue, dredging projects subject to section 404 or collecting, or attempting any of these constitutes an emergency posing a of the Clean Water Act (33 U.S.C. 1344 actions; significant risk to the well-being and et seq.); USFS timber, recreational, (2) Possession, sale, delivery, carriage, continued survival of the already mining, and grazing management transportation, or shipment of illegally depressed Jarbidge River bull trout activities; Environmental Protection taken bull trout; population. Agency authorized discharges under the (3) Interstate and foreign commerce Critical Habitat National Pollutant Discharge System of (commerce across state and A complete discussion of this section the Clean Water Act; and U.S. Housing international boundaries) and import/ is contained in the proposed rule and Urban Development projects. export of bull trout (as discussed earlier published on June 10, 1998 (63 FR The Act and its implementing in this section); 31693). regulations, found at 50 CFR 17.21 and (4) Introduction of non-native fish 17.31, set forth a series of general trade species that compete or hybridize with, Available Conservation Measures prohibitions and exceptions that apply or prey on bull trout; Conservation measures provided to to all threatened and endangered (5) Destruction or alteration of bull species listed as endangered or wildlife. These prohibitions, in part, trout habitat by dredging, threatened under the Endangered make it illegal for any person subject to channelization, diversion, in-stream Species Act include recognition, the jurisdiction of the United States to vehicle operation or rock removal, or recovery actions, requirements for take (includes harass, harm, pursue, other activities that result in the Federal protection, and prohibitions hunt, shoot, wound, kill, trap, or collect; destruction or significant degradation of against certain activities. Recognition or attempt any of these), import or cover, channel stability, substrate through listing encourages and results export, ship in interstate commerce in composition, temperature, and in conservation actions by Federal, the course of commercial activity, or sell migratory corridors used by the species State, and private agencies, groups, and or offer for sale in interstate or foreign for foraging, cover, migration, and individuals. The Act provides for commerce any listed species. It is also spawning; possible land acquisition and illegal to possess, sell, deliver, carry, (6) Discharges or dumping of toxic cooperation with the State and requires transport, or ship any such wildlife that chemicals, silt, or other pollutants into that recovery actions be carried out for has been taken illegally. Certain waters supporting bull trout that result all listed species. The protection exceptions apply to agents of the in death or injury of the species; and required of Federal agencies and the Service and State conservation agencies. (7) Destruction or alteration of prohibitions against taking and harm are Permits may be issued to carry out riparian and adjoining uplands of discussed, in part, below. otherwise prohibited activities waters supporting bull trout by Section 7(a) of the Act, as amended, involving endangered and threatened recreational activities, timber harvest, requires Federal agencies to evaluate wildlife under certain circumstances. grazing, mining, hydropower their actions with respect to any species Regulations governing permits are at 50 development, or other developmental that is proposed or listed as endangered CFR 17.22, 17.23, and 17.32. Such activities that result in destruction or or threatened and with respect to its permits are available for scientific significant degradation of cover, critical habitat, if any is being purposes, to enhance the propagation or channel stability, substrate composition, designated. Regulations implementing survival of the species, and/or for temperature, and migratory corridors

VerDate 10-AUG-98 18:03 Aug 10, 1998 Jkt 010199 PO 00000 Frm 00077 Fmt 4700 Sfmt 4700 E:\FR\FM\P11AU0.PT1 11aur1 PsN: 11aur1 42762 Federal Register / Vol. 63, No. 154 / Tuesday, August 11, 1998 / Rules and Regulations used by the species for foraging, cover, Required Determinations Selena Werdon, Nevada Fish and migration, and spawning. This rule does not contain any new Wildlife Office . Questions regarding whether specific collections of information other than List of Subjects in 50 CFR Part 17 activities may constitute a violation of those already approved under the Endangered and threatened species, section 9 should be directed to the Field Paperwork Reduction Act, 44 U.S.C. Exports, Imports, Reporting and Supervisor of the Service’s Nevada Fish 3501 et seq., and assigned Office of recordkeeping requirements, and Wildlife Office (see ADDRESSES Management and Budget clearance Transportation. section). Requests for copies of the number 1018–0094. For additional regulations concerning listed animals information concerning permit and Regulation Promulgation and inquiries regarding prohibitions and associated requirements for endangered Accordingly, the Service amends part permits may be addressed to the U.S. species, see 50 CFR 17.32. Fish and Wildlife Service, Endangered 17, subchapter B of chapter I, title 50 of Species Permits, 911 NE. 11th Avenue, References Cited the Code of Federal Regulations, as follows: Portland, Oregon 97232–4181 A complete list of all references cited (telephone 503/231–6241; facsimile herein is available upon request from PART 17Ð[AMENDED] 503/231–6243). the U.S. Fish and Wildlife Service, 1. The authority citation for part 17 National Environmental Policy Act Nevada Fish and Wildlife Office (see ADDRESSES section). continues to read as follows: The Fish and Wildlife Service has Author: The primary authors of this Authority: 16 U.S.C. 1361–1407; 16 U.S.C. determined that Environmental emergency rule include —Jeffery Chan, 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– Assessments and Environmental Impact Western Washington Fishery Resource 625, 100 Stat. 3500; unless otherwise noted. Statements, as defined under the Office, Olympia, WA; Timothy 2. Amend § 17.11(h) by adding the authority of the National Environmental Cummings, Columbia River Fisheries following, in alphabetical order under Policy Act of 1969, need not be Program Office, Vancouver, WA; Fishes, to the List of Endangered and prepared in connection with regulations Stephen Duke, Snake River Basin Office, Threatened Wildlife to read as follows: adopted pursuant to section 4(a) of the Boise, ID; Robert Hallock, Upper Act. A notice outlining the Service’s Columbia River Basin Office, Spokane, § 17.11 Endangered and threatened reasons for this determination was WA; Samuel Lohr, Snake River Basin wildlife. published in the Federal Register on Office, Boise, ID; Leslie Propp, Western * * * * * October 25, 1983 (48 FR 49244). Washington State Office, Olympia, WA; (h) * * *

Species Vertebrate popu- Historic range lation where endan- Status When listed Critical Special Common name Scientific Name gered or threatened habitat rules

******* FISHES

******* Trout, bull ...... Salvelinus U.S.A. (Pacific NW) Jarbidge R. Basin E 639E NA NA confluentus. Canada (NW Ter- (U.S.A.ÐID, NV). ritories).

*******

Dated: August 6, 1998. Atmospheric Administration (NOAA), rescinded, which will be published in John G. Rogers, Commerce. the Federal Register. Comments will be Acting Director, Fish and Wildlife Service. ACTION: Fishing restrictions; requests for accepted through August 26, 1998. [FR Doc. 98–21550 Filed 8–7–98; 10:09 am] comments. ADDRESSES: Submit comment to William BILLING CODE 4310±55±P SUMMARY: NMFS announces closure of Stelle, Jr., Administrator, Northwest the 1998 catcher/processor fishery for Region (Regional Administrator), NMFS, whiting at 3 p.m. local time (l.t.) August 7600 Sand Point Way NE., Seattle, WA DEPARTMENT OF COMMERCE 7, 1998, because the allocation for the 98115–0070; or William Hogarth, catcher/processor sector will be reached Regional Administrator, Southwest National Oceanic and Atmospheric Region, 1 West Ocean Blvd., Suite 4200, Administration by that time. This action is authorized by regulations implementing the Pacific Long Beach, CA 90802–4213. 50 CFR Part 660 Coast Groundfish Fishery Management FOR FURTHER INFORMATION CONTACT: Plan (FMP), which governs the Katherine King at 206–526–6140 or Docket No. 971229312±7312±01; I.D. groundfish fishery off Washington, Svein Fougner at 562–980–4040. 072798A] Oregon, and California. This action is intended to keep the harvest of whiting SUPPLEMENTARY INFORMATION: On Fisheries off West Coast States and in within the allocations NMFS announced January 6, 1998 (63 FR 419), NMFS the Western Pacific; Pacific Coast on January 6, 1998. published regulations announcing the Groundfish Fishery; Whiting Closure DATES: annual management measures for for the Catcher/Processor Sector Effective from 3 p.m. l.t. August 7, 1998, until the start of the 1999 Pacific Coast whiting. The regulations at AGENCY: National Marine Fisheries primary season for the catcher/processor 50 CFR 660.323(a) (4) (62 FR 27519, Service (NMFS), National Oceanic and sector, unless modified, superseded or May 20, 1997) established separate

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