Federal Register / Vol. 63, No. 154 / Tuesday, August 11, 1998 / Rules and Regulations 42757 (b) NASA Form 1680, entitled, The Jarbidge River 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 Idaho and northern Nevada, and do not require completion of NASA immediately available to the Jarbidge is a tributary in the Snake River 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 StatesÐ(1) Klamath Ramsey, Humboldt National Forest River, (2) Columbia River, (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 VerDate 10-AUG-98 18:03 Aug 10, 1998 Jkt 010199 PO 00000 Frm 00073 Fmt 4700 Sfmt 4700 E:\FR\FM\P11AU0.PT1 11aur1 PsN: 11aur1 42758 Federal Register / Vol. 63, No. 154 / Tuesday, August 11, 1998 / Rules and Regulations 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 rivers 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 areasÐ 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.