[Federal Register Volume 63, Number 55 (Monday, March 23, 1998)]
[Proposed Rules]
[Pages 13832-13833]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-7464]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 222 and 227
[I.D. 022498E]
Listing Endangered and Threatened Species and Designating
Critical Habitat: Petition To List Sea-run Cutthroat Trout and
Designate Critical Habitat Throughout Its Range In California, Oregon,
and Washington
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of finding and request for information.
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SUMMARY: NMFS has received a petition to list coastal sea-run cutthroat
trout (Oncorhynchus clarki clarki) and designate critical habitat
throughout its range in California, Oregon, and Washington under the
Endangered Species Act (ESA). NMFS determines the petition presents
substantial scientific information indicating that the petitioned
action may be warranted. NMFS previously commenced a status review for
this species and will continue to evaluate the status of this species
on the West Coast. NMFS solicits from the public information, comments,
and seeks suggestions from the public for peer reviewers for NMFS'
review of the petitioned action.
DATES: Information and comments on the action must be received by June
22, 1998.
ADDRESSES: Information and comments on this action should be submitted
to Chief, Protected Resources Division, NMFS, 525 NE Oregon Street -
Suite 500, Portland, OR 97232.
FOR FURTHER INFORMATION CONTACT: Garth Griffin, NMFS, Northwest Region,
(503) 231-2005 or Joe Blum, NMFS, Office of Protected Resources, (301)
713-1401.
SUPPLEMENTARY INFORMATION:
Background
In a Notice dated September 12, 1994, NMFS announced its intent to
conduct comprehensive status reviews for five species of Pacific
salmonids, including sea-run cutthroat trout (59 FR 46808). These were
in addition to two ongoing status reviews for west coast coho salmon
(Oncorhynchus kisutch) and steelhead (Oncorhynchus mykiss). NMFS
completed coastwide status reviews for coho salmon and steelhead on
July 25, 1995, and August 9, 1996, respectively (60 FR 38011; 61 FR
41541). On October 4, 1995, NMFS completed its status review of west
coast pink salmon (Oncorhynchus gorbuscha) (60 FR 51928). Furthermore,
on February 26, 1998, NMFS completed its status reviews of west coast
sockeye (Oncorhynchus nerka), chum (Oncorhynchus keta), and chinook
salmon (Oncorhynchus tshawytscha). NMFS is currently reviewing the
status of west coast sea-run cutthroat trout.
On December 18, 1997, the Secretary of Commerce (Secretary)
received a petition from Oregon Natural Resources Council to list and
designate critical habitat for sea-run cutthroat trout in the States of
Washington, Oregon, and California. Copies of this petition are
available. (See ADDRESSES).
Analysis of Petition
Section 4(b)(3) of the ESA contains provisions concerning petitions
from interested persons requesting the Secretary to list species under
the ESA. Section 4(b)(3)(A) requires that, to the maximum extent
practicable, within 90 days after receiving such a petition, the
Secretary make a finding whether the petition presents substantial
scientific information indicating that the petitioned action may be
warranted. Section 424.14(b)(1) of NMFS' ESA implementing regulations
define ``substantial information'' as the amount of information that
would lead a reasonable person to believe that the measure proposed in
the petition may be warranted (See 50 CFR 424.14). Section 424.14(b)(2)
of these regulations contains factors the Secretary considers in
evaluating a petitioned action.
After reviewing the information contained in the petition, the
Secretary determines that the petition presents substantial scientific
information indicating the petitioned action may be warranted. In
accordance with section 4(b)(3)(B) of the ESA, the Secretary will make
his determination within 12 months from the date the petition was
received (December 18, 1998), whether the petitioned action is
warranted.
Listing Factors and Basis for Determination
Under section 4(a)(1) of the ESA, a species can be determined to be
threatened or endangered based on any of the following factors: (1) The
present or threatened destruction, modification, or curtailment of a
species' habitat or range; (2) overutilization for commercial,
recreational, scientific, or educational purposes; (3) disease or
predation; (4) inadequacy of existing regulatory mechanisms; or (5)
other natural or manmade factors affecting the species continuing
existence. Listing determinations are based solely on the best
available scientific and commercial data after taking into account any
efforts being made by any state or foreign nation to protect the
species.
Information Solicited
To ensure that the review is complete and is based on the best
available scientific and commercial data, NMFS solicits information and
comments concerning the status of sea-run cutthroat trout (see DATES
and ADDRESSES above). NMFS specifically requests the following
information: (1) Biological or other relevant data that may help
identify ``distinct populations'' of cutthroat trout (e.g., age
structure, genetics, migratory patterns, morphology) (see NMFS' policy
on applying the definition of species under the ESA to Pacific salmon
(56 FR 58612, November 20, 1991); (2) the range, distribution, and size
of cutthroat populations in Washington, Oregon, and California; (3)
current or planned activities and their possible impact on this species
(e.g., hatchery, harvest, and habitat actions); (4) information
concerning the relationship of resident,
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anadromous, and potamodromous cutthroat trout; (5) information that may
aid in distinguishing native, naturally spawned cutthroat trout from
nonnative stocks or rainbow trout/cutthroat trout hybrids; and (6)
efforts being made to protect naturally spawned populations of sea-run
cutthroat trout in Washington, Oregon, and California.
NMFS also requests quantitative evaluations describing the quality
and extent of freshwater and marine habitats for juvenile and adult
cutthroat trout, as well as information on areas that may qualify as
critical habitat in Washington, Oregon, and California. Areas that
include the physical and biological features essential to the recovery
of the species should be identified. Essential features include, but
are not limited to the following: (1) habitat for individual and
population growth, and for normal behavior; (2) food, water, air,
light, minerals, or other nutritional or physiological requirements;
(3) cover or shelter; (4) sites for reproduction and rearing of
offspring; and (5) habitats that are protected from disturbance or are
representative of the historic geographical and ecological
distributions of the species.
For areas potentially qualifying as critical habitat, NMFS requests
information describing (1) the activities that affect the area or could
be affected by the designation, and (2) the economic costs and benefits
of additional requirements of management measures likely to result from
the designation.
The economic cost to be considered in the critical habitat
designation under the ESA is the probable economic impact ``of the
[critical habitat] designation upon proposed or ongoing activities''
(50 CFR 424.19). NMFS must consider the incremental costs specifically
resulting from a critical habitat designation that are above the
economic effects attributable to listing the species. Economic effects
attributable to listing include actions resulting from section 7
consultations under the ESA to avoid jeopardy to the species and from
the taking prohibitions under section 9 of the ESA. Comments concerning
economic impacts should distinguish the costs of listing from the
incremental costs that can be directly attributed to the designation of
specific areas as critical habitat.
On July 1, 1994, NMFS, jointly with the U.S. Fish and Wildlife
Service, published a series of policies regarding listings under the
ESA, including a policy for peer review of scientific data (59 FR
34270). The intent of the peer review policy is to ensure that listings
are based on the best scientific and commercial data available. NMFS
now solicits the names of recognized experts in the field that could
take part in the peer review process for this status review.
Independent peer reviewers will be selected from the academic and
scientific community, Tribal and other native American groups, Federal
and state agencies, the private sector, and public interest groups.
Authority: 16 U.S.C. 1531 et seq.
Dated: March 18, 1998.
Patricia Montanio,
Deputy Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 98-7464 Filed 3-20-98; 8:45 am]
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