[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]


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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.

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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