Department of the Interior Fish and Wildlife Service
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Friday, November 29, 2002 Part II Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Proposed Designation of Critical Habitat for the Klamath River and Columbia River Distinct Population Segments of Bull Trout and Notice of Availability of the Draft Recovery Plan; Proposed Rule and Notice VerDate 0ct<31>2002 13:31 Nov 27, 2002 Jkt 200001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 C:\29NOP2.SGM 29NOP2 71236 Federal Register / Vol. 67, No. 230 / Friday, November 29, 2002 / Proposed Rules DEPARTMENT OF THE INTERIOR impact, and any other relevant impact, north to the headwaters of the Yukon of specifying any particular area as River in Northwest Territories, Canada Fish and Wildlife Service critical habitat. (Cavender 1978; Bond 1992). To the We solicit data and comments from west, bull trout range includes Puget 50 CFR Part 17 the public on all aspects of this Sound, various coastal rivers of British RIN 1018–AI52 proposal, including data on economic Columbia, Canada, and southeast Alaska and other impacts of the designation. (Bond 1992). Bull trout are relatively Endangered and Threatened Wildlife We may revise this proposal prior to dispersed in the Columbia River and and Plants; Proposed Designation of final designation to address new Snake River basins, extending east to Critical Habitat for the Klamath River information received during the headwater streams in Montana and and Columbia River Distinct comment period. Idaho, and into Canada. Bull trout also Population Segments of Bull Trout DATES: We will consider all comments occur in the Klamath River basin of on this proposed rule received until the south-central Oregon. East of the AGENCY: Fish and Wildlife Service, close of business on January 28, 2003. Continental Divide in Canada, bull trout Interior. We will hold public hearings from 6 are found in the headwaters of the ACTION: Proposed rule. p.m. to 8 p.m. at the following locations Saskatchewan River in Alberta and the MacKenzie River system in Alberta and SUMMARY: We, the U.S. Fish and on the dates specified: Wenatchee, WA, British Columbia (Cavender 1978; Wildlife Service (Service), propose on January 7, 2003; Polson, MT, on Brewin and Brewin 1997). designation of critical habitat for the January 7, 2003; Salmon, ID, on January 7, 2003; Spokane, WA, on January 9, Bull trout were first described as Klamath River and Columbia River Salmo spectabilis by Girard in 1856, distinct population segments of bull 2003; Lewiston, ID, on January 9, 2003; Boise, ID, on January 14, 2003; Eugene, and subsequently described under trout (Salvelinus confluentus) pursuant various names, such as Salmo to the Endangered Species Act of 1973, OR, on January 14, 2003; Pendleton, OR, on January 16, 2003; and Klamath Falls, confluentus and Salvelinus malma as amended (Act). For the Klamath (Cavender 1978). Bull trout and Dolly River distinct population segment OR, on January 22, 2003. (See the Public Hearings section for additional Varden (Salvelinus malma) previously (DPS), the proposed critical habitat were considered a single species designation includes approximately 476 information, including specific addresses for each location.) (Cavender 1978; Bond 1992). However, kilometers (km) (296 miles (mi)) of in 1980, the American Fisheries Society streams and 13,735 hectares (ha) (33,939 ADDRESSES: If you wish to comment, formally recognized bull trout and Dolly acres (ac)) of lakes and marshes in you may submit your comments and Varden as separate species based on Oregon. For the Columbia River DPS, materials by any of several methods: various specific physical differences the proposed critical habitat designation You may submit written comments and distributional information totals approximately 29,251 km (18,175 and information to John Young, Bull (Cavender 1978; Robins et al. 1980). mi) of streams and 201,850 ha (498,782 Trout Coordinator, U.S. Fish and Bull trout have an elongated body and ac) of lakes and reservoirs, which Wildlife Service, Branch of Endangered large mouth, with the maxilla (jaw) includes: approximately 14,416 km Species, 911 NE. 11th Avenue, Portland, extending beyond the eye and with (8,958 mi) of streams and 83,219 ha Oregon 97232 (telephone 503/231–6131; well-developed teeth on both jaws and (205,639 ac) of lakes and reservoirs in facsimile 503/231–6243). head of the vomer (a bone in teleost the State of Idaho; 5,341 km (3,319 mi) You may hand-deliver written fishes that forms the front part of the of streams and 88,051 ha (217,577 ac) of comments to our office during normal roof of the mouth and often bears teeth). lakes and reservoirs in the State of business hours at the address given Bull trout have 11 dorsal fin rays, 9 anal Montana; 5,460 km (3,391 mi) of above. fin rays, and the caudal fin is slightly streams and 18,077 ha (44,670 ac) of You may also send comments by forked. Although they are often olive lakes and reservoirs in the State of electronic mail (e-mail) to: green to brown with paler sides, color Oregon; and 4,034 km (2,507 mi) of [email protected]. is variable with locality and habitat. streams and 12,503 ha (30,897 ac) of See the Public Comments Solicited Bull trout exhibit a number of life- lakes and reservoirs in the State of section below for file format and other history strategies. Stream-resident bull Washington. information about electronic filing. trout complete their entire life cycle in If this proposal is made final, Federal Comments and materials received will the tributary streams where they spawn agencies will be required to meet the be available for public inspection, by and rear. Some bull trout are migratory, requirements of section 7(a)(2) of the appointment, during normal business spawning in tributary streams where Act with regard to critical habitat. hours at the above address. juvenile fish usually rear from 1 to 4 Specifically, Federal agencies shall, in FOR FURTHER INFORMATION CONTACT: John years before migrating to either a larger consultation with us, ensure that any Young, at the above address, (telephone river (fluvial) or lake (adfluvial) where action they authorize, fund, or carry out 503/231–6131; facsimile 503/231–6243). they spend their adult life, returning to is not likely to result in the destruction SUPPLEMENTARY INFORMATION: the tributary stream to spawn (Fraley or adverse modification of critical and Shepard 1989). These migratory habitat. The term ‘‘destruction or Background forms occur in areas where conditions adverse modification’’ means direct or Bull trout (Salvelinus confluentus) are allow for movement from upper indirect alteration that appreciably members of the char subgroup of the watershed spawning streams to larger diminishes the value of the critical family Salmonidae and are native to downstream waters that contain greater habitat for both the survival and waters of western North America. The foraging opportunities (Dunham and recovery of a listed species (50 CFR historic range of bull trout includes Rieman 1999). Resident and migratory 402.02). Section 4(b)(2) of the Act major river basins in the Pacific forms may be found together, and either requires our designation of critical Northwest from about 41° N to 60° N form can produce resident or migratory habitat to be made on the basis of the latitude, extending south to the offspring (Rieman and McIntyre 1993). best scientific data available and after McCloud River in northern California Bull trout in the Coastal-Puget Sound taking into consideration the economic and the Jarbidge River in Nevada, and area are believed to include an VerDate 0ct<31>2002 13:31 Nov 27, 2002 Jkt 200001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 C:\29NOP2.SGM 29NOP2 Federal Register / Vol. 67, No. 230 / Friday, November 29, 2002 / Proposed Rules 71237 anadromous form which migrates to and it is suspected that cooler waters in decreasing water temperatures saltwater to mature, returning to streams these tributary mouths may provide (Swanberg 1997). However, migratory to spawn (64 FR 58912). important thermal refugia, allowing forms are known to begin spawning The size of bull trout is variable them to forage, migrate, and overwinter migrations as early as April, and to depending on life-history strategy. in waters that would otherwise be, at move upstream as much as 250 km (155 Resident bull trout tend to be small, least seasonally, too warm. Spawning mi) to spawning areas (Fraley and averaging 200 millimeters (mm) (8 areas often are associated with cold- Shepard 1989; Swanberg 1997). Fraley inches (in)) in length and rarely water springs, groundwater infiltration, and Shepard (1989) reported that exceeding 305 mm (12 in). Adults that and the coldest streams in a given initiation of spawning by bull trout in migrate to larger downstream rivers watershed (Pratt 1992; Rieman and the Flathead River system appeared to average about 405 mm (16 in), and often McIntyre 1993; Rieman et al. 1997). be related largely to water temperature, exceed 610 mm (24 in) (Goetz 1989). Throughout their lives, bull trout with spawning initiated when water Maximum sizes are reached in large require complex forms of cover, temperatures dropped below 9–10 °C lakes and reservoirs where adults grow including large woody debris, undercut (48 to 50 °F). Goetz (1989) reported a over 685 mm (27 in) in length and 10 banks, boulders, and pools (Fraley and temperature range from 4 to 10 °C (39 kilograms (kg) (22 pounds (lbs)) in Shepard 1989; Watson and Hillman to 50 °F) (Goetz 1989). Such areas often weight (McPhail and Baxter 1996). The 1997). Juveniles and adults frequently are associated with cold-water springs largest recorded bull trout was taken in inhabit side channels, stream margins, or groundwater upwelling (Rieman et al.