RULES AND REGULATIONS 29SG2 removal of brook and rainboa trout and rainbow-Lahontan cutthroat trout hy- brids. Habitat restoration programs hare been successful in several streams. II. Paiute cutthroat trout (Salvo cZarki seleniris). a. The removal of the introduced eastern brook trout, a serious ,Title !X-Wildlife and Fisheries comnetitor of the Paiute cutthroat. has CHAPTER I-UNITED STATES FISH AND permitted an increase of the P&ute WILDLIFE SERVICE, DEPARTMENT OF cutthroat in Delaney Creek in Yosemite THE INTERIOR National Park. b. The Paiute cutthroat has hybridized PART 17-ENDANGERED AND with the introduced rainbow trout. in THREATENED WILDLIFE some streams. In these streams the re- “Threatened” Status for Three Species of moval of rainbow trout and hybrid rain- Trout bow-Paiute trout has resulted in good The Lahontan cutthroat trout (Salmo populations of pure stock of Paiute cut- clatki henshawi) , Paiute cutthroat trout throat in several streams. Ualmo clarki seleniris) and Arizona c. A successful transplant of pure trout (Salmo apache) currently are clas- Paiute cutthroat stock into Cottonwood sified as “Endangered” species. They Creek has resulted in a self-sustaining were listed originally as “Endangered” population with good densities in this under the Endangered Species Conser- stream system in Mono County, Cali- vation Act of 1969, and evidence on hand fornia. There are no known threats to at that time indicated that they were the species in this stream system. endangered owing to the destruction, d. Most of the streams in which the drastic modification or severe curtail- Paiute cutthroat trout occurs flow ment of their habitat: hybridization through land which is owned or con- with introduced species of trout was also trolled by the U.S. Forest Service or the a factor. U.S. National Park Service. Both of these We now have evidence to indicate that agencies must operate, under the require- the Lahontan cutthroat trout, Paiute ments of section 7 of the Endangered cutthroat trout and Arizona trout are Species Act of 1973, to conserve the trout. not “Endangered” as defined by the En- III. Arizona trout (Salno apache). a. dangered Species Act of 1973, but are At present good populations of Pure stock more properly classified as ‘Threatened” of Arizona-trout exist in se&al head- species under the Act. All three Species water streams of the east fork of the have been cultured extensively and re- White River and headwaters of Bonito introduced successfully into areas where Creek, tributary to the Black River in they were extirpated; efforts Bt elimi- east central Arizona. nating introduced trout with which they b. To further increase the population hybridize are succeeding; and none are and distribution of the species, the in danger of extinction throughout all or hatcheries of the Arizona Department of a sianificant aortion of their ranges. Spe- Game and Fish have cultured the Ari- clfi&y, the evidence is as follows: - zona trout and stocked them into waters I. Lahontan cutthroat strout LWmo formerly inhabited. Stream renovation clarki henshawff). a. The Lahontan cut- projects also are planned for tributaries throat has been reintroduced into several of the upper Salt River which will pro- stream systems throughout the Lahontan vide additional habitat ..and extend its Basin, its original range. It has been distribution. reestablished in the two remnant lakes Despite the fact that available evi- in the Lahontan Basin, Pyramid and dence suggests that the Lahontan cut- Walker Lakes. The California Depart- throat trout. Paiute cutthroat trout. and ment of Fish and Game has transplanted Arizona trout are not “Endangered”spe- the trout successfully into East Fork ties as defmed by the Endangered Spe- Creek of Yuba River drainage, outside cies Act of 1973, there is ample reason the Lahontan Basin. A successful trans- to consider them as “Threatened” spe- plant of unknown origin has also been cies. Section 4(a) of the Act states as made into Macklin Creek of the Yuba follows : drainage. These are all strong, viable The Secretary shall by regulation de- populations at the present time. termine whether any species is an en- b. The Lahontan National Fish Hatch- dangered species or a threatened species ery in Gardnerville, Nevada, has de- because of any of the following factors: veloped cultural techniques which pro- (1) the present or threatened destruc- duce l-million Lahontan cutthroat trout tion, modiflcatlon, or curtailment of its annually. California and Nevada State habitat or range; hatcheries also are producing pure stock (2) overutilization for commercial, of Lahontan cutthroat. These cultured trout have been. and are beina. lntro- sporting, scientific, or educational pur- duced successfully into the wild- poses; c. Restoration of habitat and reintro- (3) disease or predation: duction ln several stream systems should (4) the inadequacy of existing regula- result in additional populations; further tory mechanisms: or Pncreasing the present range of this (5) other natural or manmade factors species. Restoration plans include the affecting its continued existenca. FEDMAL REGISTER, VOL. 40, NO. 137-WEDNESDAY, JULY 16, 1975 29864 RULES AND REGULATIONS Specifically, we have evidence that introductions into other streams by in- ately. The fishing season for t.rout begins conditions (1) and (5) above are perti- dividuals with good intention present a in Jby in Califo&ia. nent to a determination that these three continued threat to this species. Sport fishing is an acceptable method’ trout be classed as “Threatened.” In spite of the above acknowledged of preventing overpopulation which could ( 1) The present or threatened destruc- problems, there is good evidence that all injure a species by taxing the species’ tiIn, modification, or curtailment of its three species would benefit now from habitat. Sport fishing of these trout will habitat or range regulated taking by sport-fishing. The be permitted when the reclassification Lahontan cutthroat-This fish for- States, in cooperation with the U.S. Fish to threatened status becomes effective. merly occupied most streams of the and Wildlife Service have succeeded in The nor&al 30-d?y delay between pub- Truckee. Carson. and Walker River culturing all three species, and they have lication and the effective date are de- cirainagds in western Nevada and east been widely restocked to the point at signed to afford the public the opportu- central California. Today it occupies which most, streams with suitable habitat nity to adjust to a new rule. However, no much of the same area but is less abund- have reached their carrying capacity. adjustment period is necessary here ant in the headwaters than it formerly Based on the above evidence. the Fish where the public need not restrict its vas. Water diversions within its native and Wildlife Service proposeh in the activities as a result of this regulation. range continue to be a threat to this FEDERAL REGISTER (49 FR 17647). on In fact, to do otherwise would be to put species. This problem is especially evi- April 23, 19’75, that these three trout be a person in jeopardy of committing a dent in Pyramid Lake where the diver- reclassified from endangered status to “technical” violation during the 30-day sion of water from the Truckee River threatened status, and proposed regula- period, when the act which he is engag- has resulted in a lowerine of the water tions which would permit sport-fishing of ing in would be legal except for the 30- level in the lake. The lower water-levels these soecies. Interested nersons were day waiting period. in the lake and the siltation of the mouth invited -to submit written comments on Since the fishing season is impending. of the Truckee River (at its entry into this proposal to the Director (FWS/LE) , and the public needs no adjustment pe- the lake) due to lack of fiow has elimi- U.S. %ish and Wildlife Service. riod, this rule shall become effective upon nated much of the spawning run of the Only five letters were received com- publication to facilitate sport fishing this species in this area. menting on the reclassification of the season. Paiute cutthroat-The native range of trout as threatened species. The letters For the reasons stated earlier, it is this species is Silver King Creek and its were received from the States of Ari- hereby determined that the Arizona trout tributaries above Snodgrass Creek in Al- zona, California and Nevada, and from (Salmo apache), the Lahontan cutthroat pine County, California, which are not the United States Forest Service and the trout (Salmo clarki henshawi), and the blocked by natural barriers. The pres- Environmental Defense Fund. None of Paiute cutthroat trout (Salmo clarki ent distribution is much the same and. these objected to the delisting from en- seleniris) are not “Endangered” species through introductions, the Paiute cut- dangered to threatened status or the as defined by the Endangered Species Act throat has been established outisde of arovision that would permit a State reg- of 1973, but are “Threatened” species its native range into North Fork Cotton- hated sport harvest of these trout. It was as defined by that Act. wood Creek, Cabin Creek and Birchin suggested by Nevada that the Lahontan This final rulemaking is issued under Lake in Mono and Inyo Counties, Cali- cutthroat trout be taken off both the en- the authority contained in the Endan- fornia. Livestock grazing practices and dangered and threatened list, and the geked Species Act of 1973 (16 USC. 1531- recreation developments could possibly &rest Service suggested entire removal 43; a7 Stat. 884). pose threats to this species within its of the Apache trout. However, we do not range. feel this can be justffied in view of the Dated: July 11,1975. Arizona trout-This trout originallv evidence prEsented in this proposal.