[Federal Register Volume 59, Number 104 (Wednesday, June 1, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-13282] [[Page Unknown]] [Federal Register: June 1, 1994] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition to Delist the Lahontan Cutthroat Trout (Oncorhynchus clarki henshawi) Within the Humboldt River Drainage Basin in Nevada AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of 90-day petition finding. ----------------------------------------------------------------------- SUMMARY: The U.S. Fish and Wildlife Service (Service) announces a 90- day finding on a petition to delist the Lahontan cutthroat trout (Oncorhynchus clarki henshawi) within the Humboldt River drainage basin of Nevada. The Service finds that the petition and a subsequent supporting letter pursuant to section 4 of the Endangered Species Act did not present substantial information indicating that the requested action may be warranted. DATES: The finding announced in this document was made on May 24, 1994. ADDRESSES: Data, information, comments, or questions concerning this petition should be submitted to the Reno Field Office, U.S. Fish and Wildlife Service, 4600 Kietzke Lane, Building C-125, Reno, Nevada 89502. The petition finding, supporting data, and comments are available for public inspection, by appointment, during normal business hours at the above address. FOR FURTHER INFORMATION CONTACT: David L. Harlow, Field Supervisor, at the above address (telephone 702/784-5227). SUPPLEMENTARY INFORMATION: Background Section 4(b)(3)(A) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.), requires that the Service make a finding on whether a petition to list, delist, or reclassify a species presents substantial scientific or commercial information to demonstrate that the petitioned action may be warranted. This finding is to be based on all information available to the Service at the time the finding is made. To the maximum extent practicable, this finding is to be made within 90 days of the date the petition was received, and the finding is to be published promptly in the Federal Register. On April 12, 1993, the Service received a petition dated April 8, 1993, to delist the threatened Lahontan cutthroat trout (Oncorhynchus clarki henshawi) within the Humboldt River drainage basin of Nevada. The petition was received from Mr. Gene Gustin, Chairman of the Elko County Federal Land Use Planning Commission, Elko, Nevada. The petition clearly identified itself as a petition, and contained the name, signature, and address of the petitioner. A supporting letter was received from Mr. Llee Chapman, Chairman of the Elko County Board of Commissioners on April 21, 1993, also petitioning the Service to delist the Lahontan cutthroat trout within the Humboldt River drainage basin. The Service's policy on letters received subsequent to an original petition is to consider the information presented, even if one or more of these letters identifies itself as a petition. In that way, the Service evaluates the petitioned action in the most timely manner as the first letter accepted as a petition sets the statutory deadlines. The petition, supporting letter, and other documentation were reviewed to determine if substantial information was provided to indicate that the requested action may be warranted. The petition and the supporting letter contained several assertions to support the petitioner's contention that the Humboldt River basin Lahontan Cutthroat Trout was no longer in need of protection provided by the Act. As evidence that this species should be removed from the threatened species list, the petitioner referenced the existence of management plans from the Nevada Department of Wildlife (Nevada Dept. of Wildlife 1990, Coffin 1982), the U.S. Bureau of Land Management (1992, 1993), and the U.S. Forest Service, and a letter written by the Forest Service in 1986 that suggested that these management plans and the draft Recovery Plan contained enough data and information to meet the objectives for delisting this species. The Service acknowledges the existence of these plans; however, full implementation of these plans has not occurred. Furthermore, the Lahontan cutthroat trout populations and habitat quality in the Humboldt River basin continue to decline (French 1993). A species may be delisted if it has recovered to the point that the Act's protection is no longer needed (50 CFR 424.11(d)(2)). Before delisting may occur, the Service must determine that the species does not meet the definition of endangered or threatened due to one or more of the five factors described in section 4(a)(1) of the Act. A threatened species is any species that is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range. Neither the petition nor the supporting letter provided substantial information that the Lahontan cutthroat trout within the Humboldt River drainage basin no longer meets the definition of threatened or that recovery has been achieved. This finding is based on the information contained in the petition, the supporting letter, and information otherwise available to the Service. References Bureau of Land Management. 1992. Results of the 1991 stream survey, Elko Bureau of Land Management--Elko Resource Area. Unpubl. rept. Bureau of Land Management, Elko, Nevada. 5 pp. Bureau of Land Management. 1993. 1992 stream survey summary--Elko District, Wells Resource Area. Unpubl. rept. Bureau of Land Management. Elko, Nevada. 3 pp. Coffin, P.D. 1982. Lahontan cutthroat trout fishery management plan for the Humboldt River basin. Federal Aid to Fish Restoration project report F-20-17, Study IX, Job No. 1-P-1. Nevada Department of Wildlife, Reno, Nevada. 33 pp. French, Jim. 1993. 1992 cutthroat trout summary report. Unpubl. rept., Nevada Department of Wildlife. 2 pp. Nevada Department of Wildlife. 1990. Endemic Gamefish Management, Lahontan Cutthroat Trout. Federal Aid Job Progress Report F-20-26. Nevada Department of Wildlife, Reno, Nevada. 4 pp. Author This document was prepared by Patrick Coffin of the Reno Field Office (see ADDRESSES section). Authority: The authority for this action is the Endangered Species Act (16 U.S.C. 1531 et seq.). Dated: May 24, 1994. Mollie H. Beattie, Director, Fish and Wildlife Service. [FR Doc. 94-13282 Filed 5-31-94; 8:45 am] BILLING CODE 4310-55-P