94-13282. 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  

  • [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
    
    
    

Document Information

Published:
06/01/1994
Department:
Interior Department
Entry Type:
Uncategorized Document
Action:
Notice of 90-day petition finding.
Document Number:
94-13282
Dates:
The finding announced in this document was made on May 24, 1994.
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: June 1, 1994
CFR: (1)
50 CFR 17