[Federal Register Volume 62, Number 146 (Wednesday, July 30, 1997)]
[Proposed Rules]
[Pages 40786-40791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19956]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 226
[Docket No. 970715175-7175-01; I.D. No. 042997B]
RIN 0648-AG58
Designated Critical Habitat; Umpqua River Cutthroat Trout
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration, Commerce.
ACTION: Proposed rule; request for comments; and notice of public
hearings.
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SUMMARY: NMFS proposes to designate critical habitat for the Umpqua
River cutthroat trout (Oncorhynchus clarki clarki) pursuant to the
Endangered Species Act of 1973 (ESA) to include: The Umpqua River from
a straight line connecting the west end of the South jetty and the west
end of the North jetty and including all Umpqua River estuarine areas
(including the Smith River) and tributaries proceeding upstream from
the Pacific Ocean to the confluence of the North and South Umpqua
Rivers; the North Umpqua River, including all tributaries, from its
confluence with the mainstem Umpqua River to Toketee Falls; the South
Umpqua River, including all tributaries, from its confluence with the
mainstem Umpqua River to its headwaters (including Cow Creek, tributary
to the South Umpqua River). Critical habitat includes all waterways
below longstanding, natural impassable barriers (i.e., natural water
falls in existence for over several hundred years). Such areas
represent the current freshwater and estuarine range of the listed
species. The economic and other impacts resulting from this proposed
critical habitat designation are expected to be minimal.
DATES: Comments must be received on or before September 29, 1997.
Public hearings on this proposed action are scheduled for the month of
August. See SUPPLEMENTARY INFORMATION for dates and times of public
hearings.
ADDRESSES: Comments should be sent to NMFS, Environmental and Technical
Services Division, 525 NE Oregon St. Suite 500, Portland, OR 97232-
2737. See SUPPLEMENTARY INFORMATION for locations of public hearings.
FOR FURTHER INFORMATION CONTACT: Garth Griffin, NMFS, Environmental and
Technical Services Division, 525 NE Oregon St. Suite 500, Portland, OR
97232-2737, telephone (503/231-2005) or Joe Blum, NMFS, 1335 East-West
Highway, Silver Spring, MD 20910, telephone (301/713-2322).
SUPPLEMENTARY INFORMATION:
Background
On August 9, 1996, NMFS published its determination to list Umpqua
River cutthroat trout (Oncorhynchus clarki clarki) as endangered under
the ESA (61 FR 41514). In its final listing determination, NMFS
concluded that all cutthroat trout life history forms (i.e.,
anadromous, potamodromous, and resident) should be included in the
listed Umpqua River cutthroat trout Evolutionarily Significant Unit.
This conclusion was based on studies conducted by Oregon Department of
Fish and Wildlife (ODFW) and others which indicate that these life
history forms are not completely reproductively isolated and,
therefore, should be considered a single ``distinct population
segment,'' under the ESA and NMFS'' ESA species policy (See 61 FR
41516).
Historically, anadromous, potamodromous, and resident cutthroat
trout likely occurred throughout the Umpqua River basin. The current
freshwater distribution of anadromous and potamodromous life forms is
thought to be limited primarily to the mainstem, Smith, and North
Umpqua Rivers. Resident cutthroat trout appear to remain broadly
distributed throughout the Umpqua River basin, including areas of the
South Umpqua River not thought to support significant anadromous
cutthroat trout populations.
Section 4(a)(3)(A) of the ESA requires that, to the maximum extent
prudent and determinable, NMFS designate critical habitat concurrently
with a determination that a species is endangered or threatened. On
July 19, 1993, NMFS published a Federal Register document (58 FR 38544)
soliciting information and data regarding the present and historic
status of the Umpqua River cutthroat trout, as well as information on
areas that may qualify as critical habitat. At the time of the final
listing, critical habitat was not determinable, since information
necessary to perform the required analyses was not available. NMFS has
determined that sufficient information now exists to designate critical
habitat for this species. NMFS has considered all available information
and data in making this proposal.
Definition of Critical Habitat
Critical habitat is defined in section 3(5)(A) of the ESA as ``(i)
the specific areas within the geographical area occupied by the species
* * * on which are found those physical or biological features (I)
essential to the conservation of the species and (II) which may require
special management considerations or protection; and (ii) specific
areas outside the geographical area occupied by the species * * * upon
a determination by the Secretary of Commerce (Secretary) that such
areas are essential for the conservation of the species.'' (See 16
U.S.C. 1532(5)(A)). The term ``conservation,'' as defined in section
3(3) of the ESA, means `` * * * to use and the use of all methods and
procedures which are necessary to bring any endangered species or
threatened species to the point at which the measures provided pursuant
to this Act are no longer necessary.'' (See 16 U.S.C. 1532(3)).
In designating critical habitat, NMFS considers the following
requirements of the species: (1) Space 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 breeding, reproduction, or rearing of offspring;
and, generally, (5) habitats that are protected from disturbance or are
representative of the historic geographical and ecological
distributions of this species (See 50 CFR 424.12(b)). In addition to
these factors, NMFS also focuses on the known physical and biological
features (primary constituent elements) within the designated area that
are essential to the conservation of the species and may require
special management considerations or protection. These essential
features may include, but are not limited to, spawning sites, food
resources, water quality and quantity, and riparian vegetation (See
Id.).
[[Page 40787]]
Consideration of Economic, Environmental, and Other Factors
The economic, environmental, and other impacts of a critical
habitat designation have been considered and evaluated. NMFS identified
present and anticipated activities that may adversely modify the
area(s) being considered or be affected by a designation. An area may
be excluded from a critical habitat designation if NMFS determines that
the overall benefits of exclusion outweigh the benefits of designation,
unless the exclusion will result in the extinction of the species (See
16 U.S.C. 1533(b)(2)).
The impacts considered in this analysis are only those incremental
impacts specifically resulting from a critical habitat designation,
above the economic and other impacts attributable to listing the
species or resulting from other authorities. Since listing a species
under the ESA provides significant protection to a species' habitat, in
many cases, the economic and other impacts resulting from the critical
habitat designation, over and above the impacts of the listing itself,
are minimal (see Significance of Designating Critical Habitat section
of this preamble). In general, the designation of critical habitat
highlights geographical areas of concern and reinforces the substantive
protection resulting from the listing itself.
Impacts attributable to listing include those resulting from the
``take'' prohibitions contained in section 9 of the ESA and associated
regulations. ``Take,'' as defined in the ESA means to harass, harm,
pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to
attempt to engage in any such conduct (See 16 U.S.C. 1532(19)). Harm
can occur through destruction or modification of habitat (whether or
not designated as critical) that significantly impairs essential
behaviors, including breeding, feeding, rearing or migration.
Significance of Designating Critical Habitat
The designation of critical habitat does not, in and of itself,
restrict human activities within an area or mandate any specific
management or recovery actions. A critical habitat designation
contributes to species conservation primarily by identifying critically
important areas and by describing the features within those areas that
are essential to the species, thus alerting public and private entities
to the area's importance. Under the ESA, the only regulatory impact of
a critical habitat designation is through the provisions of section 7.
Section 7 applies only to actions with Federal involvement (e.g.,
authorized, funded, conducted) and does not affect exclusively state or
private activities.
Under the section 7 provisions, a designation of critical habitat
would require Federal agencies to ensure that any action they
authorize, fund, or carry out is not likely to destroy or adversely
modify designated critical habitat. Activities that destroy or
adversely modify critical habitat are defined as those alternatives
that ``appreciably diminish the value of critical habitat for both the
survival and recovery'' of the species (see 50 CFR 402.02). Regardless
of a critical habitat designation, Federal agencies must ensure that
their actions are not likely to jeopardize the continued existence of
the listed species. Activities that jeopardize a species are defined as
those actions that ``reasonably would be expected, directly or
indirectly, to reduce appreciably the likelihood of both the survival
and recovery'' of the species (see 50 CFR 402.02). Using these
definitions, activities that destroy or adversely modify critical
habitat may also be likely to jeopardize the species. Therefore, the
protection provided by a critical habitat designation generally
duplicates the protection provided under the section 7 jeopardy
provision. Critical habitat may provide additional benefits to a
species in cases where areas outside the species' current range have
been designated. When actions may affect these areas, Federal agencies
are required to consult with NMFS under section 7 (see 50 CFR
402.14(a)), which may not have been recognized but for the critical
habitat designation.
A designation of critical habitat provides a clear indication to
Federal agencies as to when section 7 consultation is required,
particularly in cases where the action would not result in direct
mortality, injury, or harm to individuals of a listed species (e.g., an
action occurring within the critical area when a migratory species is
not present). The critical habitat designation, describing the
essential features of the habitat, also assists in determining which
activities conducted outside the designated area are subject to section
7 (i.e., activities that may affect essential features of the
designated area).
A critical habitat designation will also assist Federal agencies in
planning future actions, since the designation establishes, in advance,
those habitats that will be given special consideration in section 7
consultations. With a designation of critical habitat, potential
conflicts between Federal actions and endangered or threatened species
can be identified and possibly avoided early in the agency's planning
process.
Another indirect benefit of a critical habitat designation is that
it helps focus Federal, state, and private conservation and management
efforts in such areas. Management efforts may address special
considerations needed in critical habitat areas, including conservation
regulations to restrict private as well as Federal activities. The
economic and other impacts of these actions would be considered at the
time of those proposed regulations and, therefore, are not considered
in the critical habitat designation process. Other Federal, state, and
local authorities, such as zoning or wetlands and riparian lands
protection, may also provide special protection for critical habitat
areas.
Process for Designating Critical Habitat
Developing a proposed critical habitat designation involves three
main considerations. First, the biological needs of the species are
evaluated and essential habitat areas and features are identified. If
alternative areas exist that would provide for the conservation of the
species, such alternatives are also identified. Second, the need for
special management considerations or protection of the area(s) or
features are evaluated. Finally, the probable economic and other
impacts of designating these essential areas as ``critical habitat''
are evaluated. After considering the requirements of the species, the
need for special management, and the impacts of the designation, the
proposed critical habitat is published in the Federal Register for
comment. The final critical habitat designation, considering comments
on the proposal and impacts assessment, is published within 1 year of
the proposed rule. Final critical habitat designations may be revised,
using the same process, as new information becomes available.
A description of the essential habitat, need for special
management, impacts of designating critical habitat, and the proposed
action are described in the following sections for Umpqua River
cutthroat trout.
Essential Habitat of Umpqua River Cutthroat Trout
Available biological information for listed Umpqua River cutthroat
trout can be found in the species' Status Review (Johnson et al. 1994)
and in Federal Register notices of proposed and final listing
determinations (see 59 FR 35089, July 8, 1994; 61 FR 41514, August 9,
1996). Essential Umpqua River cutthroat trout habitat consists of five
components: (1) Spawning and juvenile
[[Page 40788]]
rearing areas; (2) juvenile migration corridors; (3) areas for growth
and development to adulthood; (4) adult migration corridors; and (5)
over-wintering habitat. The Pacific Ocean areas used by listed
cutthroat trout for growth and development to adulthood are not well
understood, and essential areas and features have not been identified.
The current geographic range of Umpqua River cutthroat trout
includes nearshore ocean areas, the mainstem Umpqua River and its
tributaries, and the North and South Umpqua Rivers and their
tributaries. NMFS has determined that the current freshwater and
estuarine range (referred to as the in-river range) of the species is
adequate to ensure the species' conservation. The species' current in-
river range encompasses all essential habitat features (e.g., riverine
conditions, estuaries, headwater areas) in sufficient quantity to
ensure conservation of the species. Therefore, designation of habitat
areas outside the species' current in-river range is not necessary.
NMFS recognizes that the Umpqua River estuary is an essential
migration corridor for listed Umpqua River cutthroat trout and,
accordingly, has included estuary areas as critical habitat in this
designation. However, the importance of marine habitats (i.e., oceanic
or near shore areas seaward of the mouth of the Umpqua River) is not
well understood (Pauley, 1989; Behnke, 1992). In addition to a lack of
biological information concerning the marine life history phase of
cutthroat trout, there does not appear to be a need for special
management consideration or protection of this habitat. Based on
present information, degradation of this portion of the species'
habitat does not appear to have been a significant factor in the
decline of the species. Specifically, existing laws appear adequate to
protect these areas, and special management of this habitat is not
considered necessary at this time. Therefore, NMFS does not propose to
designate critical habitat in marine areas at this time. If additional
information becomes available that supports the inclusion of such
areas, NMFS may revise this designation.
Essential features of the designated in-river areas include
adequate: (1) Substrate; (2) water quality; (3) water quantity; (4)
water temperature; (5) food; (6) riparian vegetation; and (7) access.
Juvenile migration corridors include the North and South Umpqua Rivers
and the mainstem Umpqua River to the Pacific Ocean. Essential features
of the juvenile migration corridors include adequate: (1) Substrate;
(2) water quality; (3) water quantity; (4) water temperature; (5) water
velocity; (6) cover/shelter; (7) food; (8) riparian vegetation; (9)
space; and (10) safe passage conditions. Adult migration corridors and
their essential features are the same as those identified for juvenile
migration corridors.
Need for Special Management Considerations or Protection
In order to assure that the essential areas and features are
maintained or restored, special management may be needed. Activities
that may require special management considerations for listed Umpqua
River cutthroat trout spawning and juvenile rearing areas include, but
are not limited to: (1) Land management; (2) timber harvest; (3) water
pollution; (4) livestock grazing; (5) habitat restoration; (6)
irrigation water withdrawal; (7) mining; (8) road construction; and (9)
dam operation and maintenance. For juvenile and adult migration
corridors, special management considerations also include: (10) Dredge
and fill activities; and (11) dam operations. Not all of these
activities are necessarily of current concern; however, they indicate
the potential types of activities that will require consultation in the
future. No special management considerations have been identified for
listed Umpqua River cutthroat trout while they are residing in the
ocean environment.
Activities That May Affect the Essential Habitat
A wide range of activities may affect the essential habitat
requirements of listed Umpqua River cutthroat trout. These activities
include water and land management actions of Federal agencies (i.e.,
U.S. Forest Service, U.S. Bureau of Land Management, the Federal
Highway Administration, and the Federal Energy Regulatory Commission)
and related or similar actions of other Federally-regulated projects
and lands including livestock grazing allocations in the Umpqua River
Basin by the U.S. Forest Service and U.S. Bureau of Land Management;
hydropower operators (i.e., PacifiCorp) in the Umpqua River system
licensed by the Federal Energy Regulatory Commission; timber sales in
the Umpqua River Basin conducted by the U.S. Forest Service and U.S.
Bureau of Land Management; road building activities authorized by the
Federal Highway Administration, U.S. Forest Service, and U.S. Bureau of
Land Management; and mining and road building activities authorized by
the state of Oregon. Other actions of concern include dredge and fill,
mining, and bank stabilization activities authorized and/or conducted
by the U.S. Army Corps of Engineers throughout the Umpqua River Basin.
The Federal agencies that will most likely be affected by this
critical habitat designation include the U.S. Forest Service, U.S.
Bureau of Land Management, U.S. Bureau of Reclamation, U.S. Army Corps
of Engineers, the Federal Highway Administration, and the Federal
Energy Regulatory Commission. This designation will provide clear
notification to these agencies, private entities, and the public of
critical habitat designated for listed Umpqua River cutthroat trout and
the boundaries of the habitat and protection provided for that habitat
by the section 7 consultation process. This designation will also
assist these agencies and others in evaluating the potential effects of
their activities on listed Umpqua River cutthroat trout and their
critical habitat and in determining when consultation with NMFS would
be appropriate.
Proposed Critical Habitat; Geographic Extent
Proposed critical habitat for listed Umpqua River cutthroat trout
includes: The Umpqua River from a straight line connecting the west end
of the South jetty and the west end of the North jetty and including
all Umpqua River estuarine areas (including the Smith River) and
tributaries proceeding upstream from the Pacific Ocean to the
confluence of the North and South Umpqua Rivers; the North Umpqua
River, including all tributaries, from its confluence with the mainstem
Umpqua River to Toketee Falls; the South Umpqua River, including all
tributaries, from its confluence with the mainstem Umpqua River to its
headwaters (including Cow Creek, tributary to the South Umpqua River).
Critical habitat includes all waterways below longstanding, natural
impassable barriers (i.e., natural water falls in existence for over
several hundred years). Critical habitat includes the bottom and water
of the waterways and adjacent riparian zone. The riparian zone includes
those areas within 300 ft (91.4 m) of the normal line of the high water
mark of the stream channel or from the shoreline of a standing body of
water.
Expected Economic Impacts of Designating Critical Habitat
The economic impacts to be considered in a critical habitat
designation are the incremental effects of critical habitat designation
above the economic impacts attributable to listing or attributable to
authorities other than the ESA (see Consideration of
[[Page 40789]]
Economic, Environmental and Other Factors section of this preamble).
Incremental impacts result from special management activities in areas
outside the present distribution of the listed species that have been
determined to be essential to the conservation of the species. However,
NMFS has determined that the present in-river species range contains
sufficient habitat for conservation of the species. Therefore, NMFS
finds that there are no incremental impacts associated with this
critical habitat designation.
Public Comments Solicited; Public Hearings
NMFS is soliciting information, comments and/or recommendations on
any aspect of this proposal from all concerned parties (see ADDRESSES).
NMFS will consider all information, comments, and recommendations
received before reaching a final decision.
Department of Commerce ESA implementing regulations state that the
Secretary ``shall promptly hold at least one public hearing if any
person so requests within 45 days of publication of a proposed
regulation to designate critical habitat.'' (See 50 CFR 424.16(c)(3)).
Public hearings on the proposed rule provide the opportunity for the
public to give comments and to permit an exchange of information and
opinion among interested parties. NMFS encourages the public's
involvement in such ESA matters.
The public hearings on this action are scheduled as follows:
1. Wednesday, August 20, 6:30 p.m. to 9:30 p.m., Douglas County
Court House, Hearing Room 216, 1036 SE Douglas, Roseburg, OR 97470.
2. Thursday, August 21, 6:30 p.m. to 9:30 p.m., Reedsport Community
Building, Council Chambers, 451 Winchester Avenue, Reedsport, OR 97467.
Interested parties will have an opportunity to provide oral and
written testimony at the public hearings. These hearings are physically
accessible to people with disabilities. Requests for sign language
interpretation or other auxiliary aids should be directed to Jim Lynch
at (503) 230-5422.
National Environmental Policy Act
NMFS has determined that Environmental Assessments and
Environmental Impact Statements, as defined under the authority of the
National Environmental Policy Act of 1969, need not be prepared for
critical habitat designations made pursuant to the ESA. See Douglas
County v. Babbitt, 48 F.3D 1495 (9th Cir. 1995), cert. denied, 116
S.Ct. 698 (1996).
Classification
The Assistant Administrator for Fisheries, NOAA (AA), has
determined that this is not a ``major rule'' requiring a regulatory
impact analysis under E.O. 12291. The regulations are not likely to
result in (1) an annual effect on the economy of $100 million or more;
(2) a major increase in costs or prices for consumers, individual
industries, Federal, state, or local government agencies, or geographic
regions; or (3) a significant adverse effect on competition,
employment, investment, productivity, innovation, or on the ability of
U.S.-based enterprises to compete with foreign-based enterprises in
domestic or export markets.
The General Counsel of the Department of Commerce has certified to
the Chief Counsel for Advocacy of the Small Business Administration,
that the proposed rule, if adopted, would not have a significant
economic impact on a substantial number of small entities as described
in the Regulatory Flexibility Act. NMFS completed an assessment of the
economic impacts of designating critical habitat. NMFS found that since
listing species under the ESA provides significant protection to the
species habitat, the economic and other impacts resulting from critical
habitat designation are minimal. Therefore, a regulatory flexibility
analysis is not required.
This rule does not contain a collection-of-information requirement
for purposes of the Paperwork Reduction Act.
The AA has determined that the proposed designation is consistent
to the maximum extent practicable with the approved Coastal Zone
Management Program of the State of Oregon. This determination has been
submitted for review by the responsible state agencies under section
3.7 of the Coastal Zone Management Act.
References
The complete citations for the references used in this document can
be obtained by contacting Garth Griffin, NMFS (see ADDRESSES).
List of Subjects in 50 CFR Part 226
Endangered and Threatened Species.
Dated: July 24, 1997.
David L. Evans,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 226 is
proposed to be amended as follows:
PART 226--DESIGNATED CRITICAL HABITAT
1. The authority citation for part 226 continues to read as
follows:
Authority: 16 U.S.C. 1533.
2. Sec. 226.22, introductory paragraph, is amended by revising the
sixth sentence to read as follows:
Sec. 226.22 Snake River Sockeye Salmon (Oncorhynchus nerka), Snake
River Spring/Summer Chinook Salmon (Oncorhynchus tshawytscha), Snake
River Fall Chinook Salmon (Oncorhynchus tshawytscha).
* * * Hydrologic units (Table 3) are those defined by the
Department of the Interior (DOI), U.S. Geological Survey (USGS)
publication, ``Hydrologic Unit Maps,'' Water Supply Paper 2294, 1986'',
and the following DOI, USGS, 1:500,000 scale hydrologic unit maps:
State of Oregon (1974) and State of California (1978), which are
incorporated by reference. * * *
3. Section 226.23 is added to subpart C to read as follows:
Sec. 226.23 Umpqua River cutthroat trout (Oncorhynchus clarki clarki).
The following areas consisting of the water, waterway bottom, and
adjacent riparian zone of specified lakes and river reaches in
hydrologic units presently accessible to listed Umpqua River cutthroat
trout: The Umpqua River from a straight line connecting the west end of
the South jetty and the west end of the North jetty and including all
Umpqua River estuarine areas (including the Smith River) and
tributaries proceeding upstream from the Pacific Ocean to the
confluence of the North and South Umpqua Rivers; the North Umpqua
River, including all tributaries, from its confluence with the mainstem
Umpqua River to Toketee Falls; the South Umpqua River, including all
tributaries, from its confluence with the mainstem Umpqua River to its
headwaters (including Cow Creek, tributary to the South Umpqua River).
Critical habitat includes all river reaches below longstanding, natural
impassable barriers (i.e., waterfalls in existence for several hundred
years) in the following hydrologic units: North Umpqua, South Umpqua,
and Umpqua. Critical habitat borders on or passes through the following
counties in Oregon: Douglas, Lane, Coos, Jackson, and Klamath counties.
Perennial rivers and creeks within the defined areas are also included
in the critical habitat designation (but are not specifically named),
unless otherwise noted. Adjacent riparian zones are defined as those
areas within a horizontal distance of 300 ft (91.4 m) from the normal
line
[[Page 40790]]
of high water of a stream channel (600 ft or 182.8 m, when both sides
of the stream channel are included) or from the shoreline of a standing
body of water. Figure 1 identifies the general geographic extent of
larger rivers, lakes, and streams within hydrologic units designated as
critical habitat for Umpqua River cutthroat trout. Note that Figure 1
does not constitute the definition of critical habitat but, instead, is
provided as a general reference to guide Federal agencies and
interested parties in locating the general boundaries of critical
habitat for listed Umpqua River cutthroat trout. The complete text
delineating the critical habitat for the species follows.
Hydrologic units (Table 1) are those defined by the Department of
the Interior (DOI), U.S. Geological Survey (USGS) publication,
``Hydrologic Unit Maps,'' Water Supply Paper 2294, 1986, and the
following DOI, USGS, 1:500,000 scale hydrologic unit maps: State of
Oregon, 1974, which are incorporated by reference. This incorporation
by reference was approved by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of the USGS
publication and maps may be obtained from the USGS, Map Sales, Box
25286, Denver, CO 80225. Copies may be inspected at NMFS, Protected
Species Program, Environmental and Technical Services Division, 525 NE
Oregon St.--Suite 500, Portland, OR 97232-2737, or NMFS, Office of
Protected Resources, 1335 East-West Highway, Silver Spring, MD 20910,
or at the Office of the Federal Register, 800 North Capitol Street,
NW., Suite 700, Washington, DC. Critical habitat maps are available
upon request from Garth Griffin, NMFS, Protected Species Branch,
Environmental and Technical Services Division, 525 NE Oregon St. Suite
500, Portland, OR 97232-2737, telephone (503/230-5430).
3. Table 4 and Figure 9 are added to part 226 to read as follows:
Table 4 to part 226--Hydrologic Units \2\ Containing Critical
Habitat for Endangered Umpqua River cutthroat trout and counties
contained in each Hydrologic Unit.
---------------------------------------------------------------------------
\2\ Hydrologic units and names taken from DOI, USGS 1:500,000
scale State of Oregon (1974) hydrologic unit map (available from
USGS).
------------------------------------------------------------------------
Hydrologic
Hydrologic unit name unit Counties contained in
number hydrologic unit
------------------------------------------------------------------------
North Umpqua.................. 17100301 Douglas, Lane, Klamath.
South Umpqua.................. 17100302 Douglas, Jackson, Coos.
Umpqua........................ 17100303 Douglas, Lane, Coos.
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[FR Doc. 97-19956 Filed 7-29-97; 8:45 am]
BILLING CODE 3510-22-C