97-19956. Designated Critical Habitat; Umpqua River Cutthroat Trout  

  • [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
    
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    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.        
    ------------------------------------------------------------------------
    
    
    BILLING CODE 3510-22-P
    
    [[Page 40791]]
    
    [GRAPHIC] [TIFF OMITTED] TN30JY97.003
    
    
    
    [FR Doc. 97-19956 Filed 7-29-97; 8:45 am]
    BILLING CODE 3510-22-C
    
    
    

Document Information

Published:
07/30/1997
Department:
National Oceanic and Atmospheric Administration
Entry Type:
Proposed Rule
Action:
Proposed rule; request for comments; and notice of public hearings.
Document Number:
97-19956
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.
Pages:
40786-40791 (6 pages)
Docket Numbers:
Docket No. 970715175-7175-01, I.D. No. 042997B
RINs:
0648-AG58: Designated Critical Habitat; Umpqua River Sea-Run Cutthroat Trout
RIN Links:
https://www.federalregister.gov/regulations/0648-AG58/designated-critical-habitat-umpqua-river-sea-run-cutthroat-trout
PDF File:
97-19956.pdf
CFR: (2)
50 CFR 226.22
50 CFR 226.23