67640 Federal Register / Vol. 63, No. 235 / Tuesday, December 8, 1998 / Proposed Rules have additional background documents should be submitted to the Field priority. The processing of this petition not available at the other locations. Supervisor, Ecological Services, Utah falls under Tier 2. Air and Radiation Docket and Field Office, U.S. Fish and Wildlife Bonneville cutthroat trout are native Information Center (Air Docket 6102), Service, 145 East 1300 South, Suite 404, to the Bonneville Basin in Utah, Idaho, U.S. Environmental Protection Agency, Salt Lake City, Utah 84115. The Nevada, and Wyoming. Their habitat is 401 M Street, SW., Washington, DC petition, finding, supporting data, and widely distributed and variable and 20460. comments are available for public includes both river and lake ecosystems. Environmental Protection Agency, inspection, by appointment, during The subspecies occurs in streams with Region 4 Air Planning Branch, 61 normal business hours, at the above coniferous and deciduous riparian trees Forsyth Street, SW., Atlanta, Georgia address. at 3,500 meters (m) (11,483 feet (ft)) 30303. FOR FURTHER INFORMATION CONTACT: above mean sea level, to streams in sage- South Carolina Department of Health Janet A. Mizzi, Utah Field Office, at the steppe grasslands with herbaceous and Environmental Control 2600 Bull above address, or telephone 801/524– riparian zones at 1,000 (m) (3281 ft) Street, Columbia, South Carolina 5001. above mean sea level, to lake 29201–1708. environments. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: Based on 1996 data, the petitioner Randy B. Terry, Regulatory Planning Background estimated the current status of the Section, Air Planning Branch, Air, species as 81 populations occupying Section 4(b)(3)(A) of the Endangered Pesticides & Toxics Management 234 stream miles (mi). Eighty-three (83) Species Act of 1973, as amended (16 Division, Region 4 Environmental percent of the populations occur on U.S.C. 1531 et seq.), requires that the Protection Agency, 61 Forsyth Street Forest Service lands, with 14 percent U.S. Fish and Wildlife Service make a SW., Atlanta, Georgia 30303. The occurring on Bureau of Land finding on whether a petition to list, telephone number is (404) 562–9032. Management administered lands and delist, or reclassify a species presents SUPPLEMENTARY INFORMATION: the remaining one (1) percent on State For substantial scientific or commercial additional information see the direct or other lands. The petitioner estimated information indicating that the that 90 percent of streams within the final rule which is published in the petitioned action may be warranted. rules section of this Federal Register. Bonneville Basin had historic This finding is to be based on all occurrences of Bonneville cutthroat Dated: November 23, 1998. information available to the Service at trout, and that current occupancy was A. Stanley Meiburg, the time the finding is made. To the now restricted to 3.7 percent of the Acting Regional Administrator, Region 4. maximum extent practicable, this historic stream miles. More precisely, [FR Doc. 98–32342 Filed 12–7–98; 8:45 am] finding is to be made within 90 days of the petitioner estimated that the BILLING CODE 6560±50±P the date the petition was received, and subspecies was now extirpated (extinct) the finding is to be published promptly in 76 percent of sub-basins on six in the Federal Register. If the finding is National Forests in Utah, and in 43 DEPARTMENT OF THE INTERIOR positive, the Service also is required to percent of sub-basins on two National promptly commence a review of the Forests in Idaho. Furthermore, the Fish and Wildlife Service status of the species involved. petitioner identified that 72 percent of We have made a 90-day finding on a current populations were secure or 50 CFR Part 17 petition to list the Bonneville cutthroat stable, while 25 percent were declining trout (Oncorhynchus clarki utah) as or at risk, with the status of the Endangered and Threatened Wildlife threatened throughout its range. The and Plants: 90-Day Finding for a remaining three percent unknown. The petition, dated February 5, 1998, and Petition to List the Bonneville petitioner asserted that habitat received February 26, 1998, was Cutthroat Trout as Threatened conditions for the Bonneville cutthroat submitted by the Biodiversity Legal trout on National Forests have been AGENCY: Fish and Wildlife Service, Foundation, Boulder, Colorado. The rated as 13 percent excellent, 49 percent Interior. petitioner requested that we list the good, 18 percent fair, 11 percent poor ACTION: Notice of 90-day petition Bonneville cutthroat trout as threatened and 2 percent extremely degraded. finding and initiation of status review. in United States river and lake ecosystems where it presently continues Threats to the Species SUMMARY: The Fish and Wildlife Service to exist and to designate its occupied The following specific threats were announces a 90-day finding for a habitat as critical habitat within a identified by the petitioner as factors in petition to list the Bonneville cutthroat reasonable period of time following the the decline of the species or as current trout (Oncorhynchus clarki utah) as a listing. The petitioner submitted threats to the continued existence of threatened species under the information on the historical and Bonneville cutthroat trout: competition Endangered Species Act of 1973, as current status, distribution, and threats and predation from exotic species; amended (Act). We find that the petition to the species, as well as other habitat removal/damage; altered presented substantial information information including scientific hydrologic regimes; overfishing; indicating that listing this species may references in support of the petition. anthropogenic activities; loss of be warranted, and we are initiating a The processing of this petition connectivity to sub-basins; nonnative status review of this species. conforms with the Service’s listing fish introductions (largely rainbow DATES: The finding announced in this priority guidance published in the (Oncorhynchus mykiss), brown (Salmo document was made on November 25, Federal Register on May 8, 1998 (63 FR trutta), and brook trout (Salvelinus 1998. To be considered in the 12-month 25502) for fiscal years 1998 and 1999, fontinalis)); habitat fragmentation; finding for this petition, comments and which supplements the 1983 listing decreases in Bonneville cutthroat materials should be submitted to the priority guidance. Administrative throughout the Basin; hybridization; Service by January 7, 1999. findings for listing petitions that are not channelization, dewatering, diversions ADDRESSES: Information, data, or assigned to Tier 1, emergency listing and damming of streams; unscreened comments concerning this petition actions, are processed as a Tier 2 irrigation ditches; increased Federal Register / Vol. 63, No. 235 / Tuesday, December 8, 1998 / Proposed Rules 67641 sedimentation from livestock grazing, Pine-Ridge Creeks (Haskins 1987). Their National Forest concurred with this mining, logging and road building current distribution within Nevada has plan. The Plan identified schedules for: which has damaged spawning substrates recently expanded to include Deadman (1) Population protection measures for and raised water temperatures; poorly Creek. existing populations; (2) population designed road culverts which become Bonneville cutthroat trout habitat enhancement measures; (3) migration barriers; damage to riparian populations in Idaho are restricted to population expansion within historic zones; herbicide applications in riparian the Bear River drainage. In the late range including eradication and zones; oil spills; undesirable genetic 1970’s, the species was documented in reintroduction projects and; (4) mixing and fragmentation which has the Thomas Fork tributaries of Giraffe, population introductions outside genetically isolated some populations; Dry, and Preuss Creeks. In 1993 and historic range. Proposed work schedules drought; disease; the lack of 1994, four additional streams with pure of the Plan were updated once and accountability of proactive programs Bonneville cutthroat trout and seven many habitat improvement issues have among agencies; and the inadequacy of more with suspected Bonneville been resolved through changes in existing regulatory mechanisms. cutthroat trout were identified. These Bureau of Land Management and Forest The Service, other Federal included both the upper and lower Service livestock grazing plans. Habitat management agencies, and affected mainstem Thomas Fork of the Bear conditions for existing and proposed State agencies, have previously River, several reaches of the mainstem populations are in good to excellent recognized numerous threats affecting Bear River, and numerous tributaries of condition. The Hendries Creek the continued existence of the the Bear River. Bonneville cutthroat population was expanded to include the Bonneville cutthroat trout. These threats trout are also present in Bear Lake at the lower 3.5 mi (5.6 km) of stream below have been identified in current Idaho/Utah border. a fish passage barrier. Nonnative fishes management plans, Notices of Review, In Wyoming, Bonneville cutthroat have been removed from the Smith, the Utah Conservation Agreement trout populations are restricted to 36 Deadman and Deep Creek systems and (Lentsch et al. 1997), and the Forest streams (about 280 stream mi or 448 km) Bonneville cutthroat trout Service’s Conservation Assessment for in the Bear River system. Additionally, reintroductions were initiated in 1997 Inland Cutthroat Trout (USDA 1995), as Lake Alice, a 230 ac (92 ha) lake, in Deadman Creek. contains a naturally reproducing, native well as other literature. Resource The State of Wyoming classifies the population of Bonneville cutthroat agencies have identified habitat Bonneville cutthroat trout as a State trout. degradation and the threats from sensitive (S2) species. A Bonneville nonnative species as the most important Current Management Status Cutthroat Trout Inter-Agency Five Year factors threatening the continued Both the Bureau of Land Management Management Plan (1993–1997) has existence of Bonneville cutthroat trout. directed conservation activities within We believe other threats, such as those and Forest Service classify the species the State. Review of the Plan is asserted by the petitioner, affect the as sensitive and afford it special underway and future management will species as well. The expansion of management consideration. All four be directed accordingly. whirling disease, most recently to Utah States implement special fishing waters, is an imminent threat. regulations to protect sensitive In 1994, the State of Idaho prepared Fragmentation and the genetic isolation populations of the species. States a draft Habitat Conservation Assessment of many populations have also been throughout the range of the species have and Strategy for Bonneville cutthroat identified. developed conservation plans and have trout. The strategy has been expressed interest in developing a larger implemented in 8–12 percent of the Current Distribution multi-State, multi-agency conservation species’ range in southeastern Idaho The majority of the current Bonneville strategy for Bonneville cutthroat trout. through a 1995 conservation agreement cutthroat trout populations resides in The State of Utah has taken the lead on among the Service, Forest Service, Idaho Utah, with smaller populations present this effort and is currently preparing a Department of Fish and Game, Idaho in Nevada, Idaho, and Wyoming. In preliminary draft document for review Natural Resources Conservation Service, Utah the species is located in five among the States and other management and the Caribou Cattleman’s geographic management units within agencies. Association. Several on-the-ground the State; the Bear Lake, Bear River, In Utah, the Bonneville cutthroat trout actions have been implemented since Northern Bonneville, West Desert, and is protected as a conservation species, inception of this agreement. These Southern Bonneville Management identifying it as a species managed include fencing of riparian areas, Units. There are presently a total of 40 through implementation of a multi- modifying grazing practices, and known Bonneville cutthroat trout agency Conservation Agreement. The working on restoration of connectivity. populations occupying approximately Utah Division of Wildlife Resources These activities have resulted in 147.4 stream mi (235.8 kilometers (km)) developed this Agreement, which has stabilization of riparian habitat and and 35,108 surface acres (ac) (14,043 been in place since early 1997, with the increases in the populations of hectares (ha)) of lentic water (lakes or Service, Bureau of Land Management, Bonneville cutthroat trout in Pruess, ponds) throughout the management Forest Service, Confederated Tribes of Giraffe, and Dry Creeks. units in Utah (Lentsch et al. 1997). the Goshute Reservation, Bureau of Additional work is in progress to In Nevada, populations of Bonneville Reclamation, and Utah Reclamation remove threats to the species on other cutthroat trout were historically Mitigation and Conservation streams in Idaho, specifically St. Charles restricted to the extreme eastern border Commission. Conservation actions to Creek, Bailey Creek, Cub River, and the of the State, including the east slope of protect and expand the species have main stem Bear River. The draft the Snake and Goshute ranges, the Pilot been ongoing since the 1980’s. conservation strategy for Idaho is being Peak Range, and the Thousand Springs In 1987, the Nevada Division of revised by Idaho Fish and Game to Creek drainage. In 1987, the Nevada Wildlife developed a Bonneville reflect goals and objectives similar to population was restricted to Cutthroat Trout Species Management the multi-agency conservation approximately 12.5 stream mi (20 km) Plan. Both the Bureau of Land agreement implemented for the species in Goshute, Hendrys, Hampton, and Management and the Humboldt in Utah. 67642 Federal Register / Vol. 63, No. 235 / Tuesday, December 8, 1998 / Proposed Rules

Conclusion and Finding species concerned. We have been Bonneville cutthroat trout is warranted, provided considerable additional the designation of critical habitat would We have reviewed the petition and information concerning recent and be addressed in the subsequent the references cited in the petition, and ongoing efforts to remove threats to the proposed rule. we have discussed current status with Bonneville cutthroat trout throughout References Cited experts in the appropriate State and its range. We have reviewed much of Federal management agencies. On the this information and will consider all Haskins, Richard L., II. 1987. Bonneville basis of the best scientific and the relevant information in conducting cutthroat trout species management plan. Nevada Department of Wildlife, commercial information available, we a full status review of the species to find that the petition presents Fisheries Management Plan. Federal Aid determine if listing is warranted. We are Project No. F–20–23, Job No. 207.2. 17 substantial information that listing this hereby requesting any additional data, species may be warranted. The scientific pp. + Appendices. comments, and suggestions from the Lentsch, L., Y. Converse and J. Perkins. 1997. and commercial information available to public, other concerned governmental Conservation agreement and strategy for us is, for the most part, consistent with agencies, the scientific community, Bonneville cutthroat trout in the State of the information presented in the industry, or any other interested parties Utah. Publication Number 97–19. 73 pp. petition, although the petition lacked concerning the status of the Bonneville United States Department of Agriculture current information concerning recent cutthroat trout throughout its range. We (USDA), Forest Service. 1995. conservation efforts on the species’ are soliciting information primarily on Conservation assessment for inland cutthroat trout. Rocky Mountain Range behalf. (1) genetic variability and purity of the We concur that numerous factors may and Experiment Station. General various subpopulations, (2) population Technical Report RM–GTR–256. 61 pp. threaten the continued existence of the status and trends, (3) management Bonneville cutthroat trout. These threats policies and conservation plans Author suggest that listing may be warranted. affecting Bonneville cutthroat trout, and The Primary author of this document However, a thorough review of current (4) threats to the species, including is Janet A. Mizzi, Utah Field Office (see management efforts is necessary to those identified in the petition. Based ADDRESSES section above). determine if the threats may have been upon the available and any newly alleviated through recent conservation obtained information, we will conduct a Authority: The authority for this action is efforts. Furthermore, we believe a more full status review of Bonneville the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.). thorough review of the genetic cutthroat trout and issue a 12-month characteristics of Bonneville cutthroat finding as required by Section 4(b)(3)(B) Dated: November 25, 1998. populations is necessary. of the Act. The petitioner also requested Jamie Rappaport Clark, When we make a positive 90-day that critical habitat be designated for Director, Fish and Wildlife Service. finding, we are required to promptly this species. If we determine in the 12- [FR Doc. 98–32469 Filed 12–7–98; 8:45 am] commence a review of the status of the month finding that listing of the BILLING CODE 4310±55±P