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

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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