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CFR Citation: 50 CFR Part 17

FWS ID: [FWS-R6-ES-2008-0023; 1111 FY07 MO-B2]

NOTICE: PROPOSED RULES

ACTION: Endangered and Threatened Wildlife and Plants:

DOCUMENT ACTION: Notice of a 12-month petition finding.

SUBJECT CATEGORY: Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition To List the Bonneville Cutthroat Trout as Threatened or Endangered

DATES: The finding in this document was made on September 9, 2008.

DOCUMENT SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce our 12month finding on a petition to list the Bonneville cutthroat trout (Oncorhynchus clarkii utah) as a threatened subspecies throughout its range in the United States, pursuant to the Endangered Species Act of 1973, as amended (Act). After a thorough review of all available scientific and commercial information, we find that listing the Bonneville cutthroat trout as either threatened or endangered is not warranted at this time. We ask the public to continue to submit to us any new information that becomes available concerning the status of or threats to the subspecies. This information will help us to monitor and encourage the conservation of the subspecies.

SUMMARY: 12-Month Finding on Petition to List Bonneville Cutthroat Trout as Threatened or Endangered,

SUPPLEMENTAL INFORMATION

Section 4(b)(3)(B) of the Endangered Species Act of 1973, as amended (Act) (16 U.S.C. 1531 et seq.), requires that, for any petition to revise the List of Endangered and Threatened Species that contains substantial scientific and commercial information that listing may be warranted, we make a finding within 12 months of the date of receipt of the petition on whether the petitioned action is: (a) Not warranted, (b) warranted, or (c) warranted but the immediate proposal of a regulation implementing the petitioned action is precluded by other pending proposals to determine whether species are threatened or endangered, and expeditious progress is being made to add or remove qualified species from the List of Endangered and Threatened Species. Section 4(b)(3)(C) of the Act requires that a petition for which the requested action is found to be warranted but precluded be treated as though resubmitted on the date of such finding, that is, requiring a subsequent finding to be made within 12 months. Such 12month findings must be published in the Federal Register.

Previous Federal Actions

On February 26, 1998, we received a petition, dated February 5, 1998, from the Biodiversity Legal Foundation requesting that the Service list the Bonneville cutthroat trout (Oncorhynchus clarkii utah) (BCT) as threatened in U.S. river and lake ecosystems where it continues to exist, and to designate its occupied habitat as critical habitat within a reasonable period of time following the listing. On December 8, 1998, we published a 90day petition finding for the BCT in the Federal Register (63 FR 67640). We found that the petition presented substantial information indicating that the subspecies may be warranted for listing under the Act, and initiated a review of the subspecies' status within its historic range.

In the 1998 90day finding, we solicited additional data, comments, and suggestions from the public, other governmental agencies, the scientific community, industry, and other interested parties concerning the status of the BCT throughout its range. The comment period for submission of additional information ended on January 7, 1999, but was reopened (64 FR 2167) during January 13 through February 12, 1999. We published a 12month finding in the Federal Register on October 9, 2001 (66 FR 51362), and documented that the BCT was not warranted for listing under the Act because it was neither endangered nor likely to become endangered within the foreseeable future throughout all or a significant portion of its range.

On February 17, 2005, we were sued by the Center for Biological Diversity, and others, on the merits of the 12month finding. On March 7, 2007, the District Court of Colorado dismissed the lawsuit after determining that Plaintiffs failed to demonstrate the not warranted finding was arbitrary, capricious, or contrary to law. The Plaintiffs appealed to the 10th Circuit Court of Appeals on May 4, 2007.

On March 16, 2007, in the interim between the lawsuit dismissal and appeal, the Solicitor of the Department of the Interior issued a formal opinion regarding the legal interpretation of the term ``significant portion of the range'' of a species (DOI 2007). The opinion provides guidance on analysis intended to determine whether a species is in danger of extinction throughout a significant portion of its range when it is not in danger of extinction throughout its entire current range. Because this opinion was pertinent to the BCT decision, we withdrew the 2001 12month finding for BCT (USFWS 2007, entire), and initiated a new status review to include significant portion of the range analysis. We published a notice in the Federal Register (73 FR 7236) announcing the opening of a comment period from February 7 through April 7, 2008. The notice specified that the new status review would include consideration and analysis of all information previously submitted, and any new information provided regarding the status of the BCT.

Species Biology

The BCT is native to the Bonneville basin, and is 1 of 14 subspecies of cutthroat trout recognized by Behnke (1992, pp. 321, 132138) that are native to interior regions of western North America. BCT generally have large, evenly distributed spots, but a high degree of intrabasin variation exists. BCT tend to develop large, pronounced spots that are evenly distributed on the sides of the body rather than concentrated posteriorly as in the Yellowstone cutthroat trout (Oncorhynchus clarkii bouveri)
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subspecies. Coloration in BCT is generally dull compared to other cutthroat subspecies; however, coloration can vary depending on environmental conditions and local genetic composition (Behnke 1992, pp. 132138).

Vertebrae typically number 6263, slightly higher than in other subspecies. Scales in lateral series average 150170. BCT average between 1621 gill rakers, with a mean of 1819, except the Snake Valley type, which have 1824 (mean, 2022). Another important characteristic of all cutthroat subspecies is the presence of basibranchial teeth, which are absent in rainbow trout (Behnke 1992, p. 132). Numbers of basibranchial teeth provide information about subspecies derivation and relatedness. The Snake Valley type have profuse basibranchial teeth, averaging 2028, while most other BCT average 510 (Behnke 1992, p. 132).

Life strategies exhibited by BCT include stream resident (occupy home ranges entirely within relatively short reaches of streams), fluvial (migrate as adults from larger streams or rivers to smaller streams to reproduce), adfluvial (migrate, sometimes many kilometers, as mature adults from lakes to inlet or outlet streams to spawn), and lacustrine (lake) forms. The life strategy that a particular BCT population exhibits likely depends on a combination of environmental conditions and genetic plasticity of inherited traits. Very little information is available to suggest the extent of plasticity and what environmental characteristics may cue a successful shift in life strategy. Most information is based on the success or failure of transplants of various life forms among different aquatic ecosystems. Furthermore, evidence suggests that BCT populations within a single stream can comprise multiple life history strategies (resident, fluvial, adfluvial), and that individuals may use mainstem rivers to move between and among drainages where they are not fragmented by water diversions or barriers (Kershner et al. 1997, entire).

May et al. (1978, p. 19) found that male BCT sexually matured at age 2 while females matured at 3 years of age. However, Bear Lake BCT were reported to mature much later, with adults normally beginning to mature at 5 years of age but not spawning until age 10 (Neilson and Lentsch 1988, p. 131). Both the age at maturity and the annual timing of spawning vary geographically with elevation, temperature, and life history strategy (Behnke 1992, p. 136; Kershner 1995, pp. 2830). Lake resident trout may begin spawning at 2 years and usually continue throughout their lives, while adfluvial individuals may not spawn for several years (Kershner 1995, pp. 2830). Annual spawning of BCT usually occurs during the spring and early summer at higher elevations at temperatures ranging from 410 [deg]C (May et al. 1978, p. 19). May et al. (1978, p. 19) reported BCT spawning in Birch Creek, Utah, beginning in May and continuing into June. BCT in Bear Lake began spawning in late April and completed spawning in June (Nielson and Lentsch 1988, p. 131). The wild broodstock at Manning Meadow Reservoir (9,500 feet elevation) spawn from late June to early July (Hepworth and Ottenbacher 1997, p. 1). In Lake Alice, Wyoming, fish were predicted to spawn from late May until midJune (Binns 1981, p. 47).

Fecundity of cutthroat is typically 1,2003,200 eggs per kilogram (kg) (2.2 pounds (lbs)) of body weight (Behnke 1992, p. 33). In Birch Creek, a 147 millimeters (mm) (5.8 inches (in)) BCT female produced 99 eggs, a 158 mm (5.8 in) female produced 60 eggs and a 176 mm (6.9 in) female produced 176 eggs (May et al. 1978, p. 19). Whereas in Raymond Creek, Wyoming, 3 females ranging from 124 to 246 mm (4.9 to 9.7 in) averaged 165 eggs (Binns 1981, p. 48). Evidence suggests fecundity of lakedwelling BCT is greater. Fecundity of females in Lake Alice averaged 474 eggs/female (Binns 1981, p. 48), while females in Manning Meadow, Utah, averaged 994 eggs/female (D. Hepworth, Utah Division of Wildlife Resources, unpubl. data). Incubation times for wild BCT have not been verified, but Platts (1957, p. 10) suggested eggs hatch and fry begin to emerge approximately 45 days after spawning, depending on temperature.

Larvae typically emerge in midtolate summer, depending on spawning times. Once emerged, larvae or fry, as they are commonly called, are poor swimmers and typically migrate to stream margins. Adfluvial BCT spend 1 or 2 years in streams before migrating to the Lake (Nielson and Lentsch 1988, p. 131).

Growth of resident BCT is highly dependent on stream productivity. In general, growth of trout tends to be slower in highelevation headwater drainages than in lacustrine environments, but this likely depends on temperatures and food base. In Birch Creek, Utah, age 1 fish averaged 84 mm (3.3 in), age 2 fish averaged 119 mm (4.7 in), age 3 fish averaged 158 mm (6.2 in), and age 4 fish averaged 197 mm (7.8 in) in length (May et al. 1978, p. 17). Growth in two Wyoming streams was faster, and age 4 fish averaged 282 to 320 mm (11.1 to 12.6 in) in length (Binns 1981, p. 44). In contrast, BCT in Bear Lake grow to an average size of 560 mm (22.0 in) and 2 kg (4.4 lbs) (Nielson and Lentsch 1988, p. 131). Historic accounts of BCT in Utah Lake suggest fish may have reached a meter in length (Notes from Yarrow and Henshaw in 1872 as described by Tanner 1936). Platts (1957, p. 10) reported that some BCT taken from Utah Lake a century ago attained weights of over 11.3 kg (25 lbs).

Little is known about feeding habits of BCT. In general, BCT trout are insectivorous, especially in stream habitats. Both terrestrial and aquatic insects appear to be important to their diet (May et al. 1978, pp. 710; Binns 1981, p. 48). In Birch Creek, May et al. (1978, pp. 9 10) reported BCT diets were diverse in summer, while in the fall in Trout Creek, Utah, their diet consisted primarily of terrestrial insects. Dipterans and debris were the dominant food items for immature trout, while terrestrial insects were the dominant prey for mature individuals. BCT may display more plasticity in feeding habits depending on the system or specific population characteristics. Little information has been collected on BCT to understand the extent of feeding shifts of BCT. Platts (1957, p. 4) suggested that cutthroat do not need to feed on fish to attain large sizes but will do so where insects are not abundant.

Interactions With Nonnative Fish

BCT may or may not persist when nonnative trout are stocked into BCT waters. The actual mechanism that dictates the survivorship of BCT in the presence of nonnatives is unknown, but the recent discovery that numerous BCT populations have persisted for decades in the presence of rainbow trout (Oncorhynchus mykiss), Yellowstone cutthroat trout, and other nonnatives suggests BCT is not always displaced by nonnatives as previously thought. However, BCT can hybridize with rainbow trout and Yellowstone cutthroats in some situations and be displaced by the superior competitor, brook trout (Salvelinus fontinalis). The degree of hybridization appears to vary with the persistence of the stocked fish and also with habitat conditions as does the level of competition with brook trout.

Benhke (1992, p. 107) reported that BCT native to the Bear River drainage adapted to the harsh and fluctuating environments of desert basin streams, remaining the dominant trout today in many streams where nonnative trout were introduced. This seems to be a fairly unique trait of BCT compared to other cutthroat subspecies. There is still no specific rationale as to why BCT would persist better than other desert [[Page 52237]]
cutthroat subspecies, yet something in its unique genetic composition seems to allow BCT to persist where other cutthroat subspecies have been found to be displaced.

For example, Bear Lake BCT, probably due to the unique environmental conditions in which they developed, have resisted hybridization with and replacement by nonnative trout. Yellowstone cutthroat trout, Yellowstone cutthroat rainbow trout hybrids, and rainbow trout were consistently stocked into Bear Lake for decades. Benhke (1992, p.137) examined specimens from Bear Lake and compared these to museum specimens from the lake and with cutthroat trout from the Bear River drainage and found no evidence of hybridization among their taxonomic characters. Nielson and Lentsch (1988, p.130) similarly reported that, after examining the DNA of 52 Bear Lake specimens, no rainbow trout alleles were observed in any fish.

Since the early 1990's, many additional remnant BCT populations have been found in streams that had been stocked with rainbow trout or Yellowstone cutthroat trout (Utah Division of Wildlife Resources, unpublished data). These BCT populations were assumed to be lost through hybridization until recent surveys found BCT present. Results of these surveys suggest BCT have retained much of their natural genetic integrity despite intensive nonnative stocking efforts.

Introduced brook trout have been stocked, legally and illegally, into some BCT waters. BCT do not hybridize with brook trout, but brook trout are thought to acquire resources better and reproduce and recruit more efficiently than BCT. The specific mechanism of how brook trout displace BCT is unknown, but greater fecundity, earlier maturity, and tolerance of higher densities gives brook trout an advantage over the native BCT (Griffith 1988, p. 105; Fausch 1989, pp. 307312). The extent of threat to BCT from brook trout varies depending on environmental conditions of the stream. Although not considered the greatest threat to the persistence of BCT, competition from introduced brook trout can and has displaced native BCT populations.

Habitat Requirements

Trout, regardless of their evolutionary history, require 4 types of habitat during various stages of their life history: spawning habitat, nursery or rearing habitat, adult habitat, and overwintering habitat. Spawning gravels are required for spawning success and can be a limiting factor in highgradient streams where the current carries off suitable spawning gravel (Behnke 1992, p. 25). Conversely, an even greater concern may be accumulation of fine sediments into interstitial spaces of spawning gravels, which prevents egg incubation and reduces larval survival. Such fines can become dominant in the sediments when poor landuse practices alter flow regimes, remove riparian vegetation, and/or degrade overall watershed conditions. These humaninduced activities can aggravate already fragile soils and geology in vulnerable desert climates.

Little information is available on specific habitat requirements for BCT; however, there is a wealth of information on salmonid habitat conditions in general which appear to generally represent those of BCT (Pennak and Van Gerpen 1947, entire; Binns and Eiserman 1979, entire; Scarnecchia and Bergersen 1987, entire). For example, welloxygenated water, cooler temperatures in general and a complexity of instream habitat structure, such as large woody debris and overhanging banks, are considered good trout habitat conditions. For various species, subspecies, and local forms, adaptations and tolerance of these conditions varies. BCT have also been found to survive and be fairly robust in what is considered marginal salmonid habitat conditions (e.g., turbid water, fine sediments, warmer temperatures, poor structural habitat). This may be because BCT have evolved in a desert environment where climate can cause fluctuations in water and sediment regimes and environmental condition (Behnke 1992, p. 107).

It was previously thought that with the exception of three lacustrine systems, Bear Lake (Utah and Idaho), Utah Lake, and Alice Lake (Wyoming), BCT were historically found in cool headwater streams throughout the Bonneville basin. However, more recent research and status and genetic surveys reveal BCT populations are found at high, moderate, and low elevations (within the range of elevations in the Bonneville Basin) in small headwater streams, such as those of the north slope of the western Uintas, to larger mainstem rivers, such as the Thomas Fork of the Bear River (UDWR, unpublished data). Historic Habitat

BCT likely historically occupied all suitable habitats within the Pleistocene Lake Bonneville basin, which included portions of Idaho, Nevada, Utah, and Wyoming. The desiccation of ancient Lake Bonneville about 8,000 years ago likely fragmented the BCT into remaining streams and lakes throughout the basin, resulting in several slightly differentiated groups of BCT, including: (1) The Bear River basin; (2) the Bonneville basin proper, including the Wasatch Mountain and Sevier River drainages; and (3) the Snake Valley, an arm of ancient Lake Bonneville that was isolated during an earlier desiccation event (Behnke 1992, pp. 132138). There is general consensus among the scientific community, including the Service, that all these groups represent the BCT subspecies (Shiozawa 2008, p. 1). For the purposes of this finding, all three groups are considered BCT.

The BCT Conservation Team, which includes biologists from Wyoming Game and Fish Department (WGFD), Utah Division of Wildlife Resources (UDWR), Nevada Division of Wildlife (NDOW), Idaho Department of Fish and Game (IDFG), Bureau of Land Management (BLM), U.S. Forest Service (USFS), the National Park Service (NPS), and the Service, completed a status report (May and Albeke 2005) that describes the rangewide status of BCT in the United States. The rangewide status report summarized the best available information on BCT (May and Albeke 2005, pp. i, 16, 103 104). The status report was peer reviewed by five recognized experts in the fields of fishery biology, conservation biology, and genetics. The peer reviewers found that the status report provided sound scientific data to use in this 12month finding.

The 2001 finding on Bonneville Cutthroat Trout included 28,863 hectares (71,322 acres) of lake habitat (indicated as an adfluvial life history) (USFWS 2001, pp. 34, 44, 50, 75). The 2005 BCT rangewide status report relied on a protocol that was not designed to address lake populations; however, 8 lakes connected to occupied stream habitat were included as 412 stream kilometers (km) (256 stream miles (mi)) (May and Albeke 2005, pp. 107, 110, 120). Thus, throughout the remainder of the document, all occupied BCT habitat is reported as stream habitat and includes lake populations. These lake populations are an important component in conserving BCT, and some lakes are specifically designated to preserve genetically pure populations (Donaldson 2008, pp. 89).

The BCT Conservation Team's status report included an analysis of probable historic distribution (May and Albeke 2005, pp. 6, 1619). Our understanding of BCT historic distribution is based on habitat thought to be occupied around 1800. The determination of occupation in this era was based on historic
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climactic conditions, stream channel gradient, barriers that would preclude fish, and expertise of fishery biologists familiar with each watershed. The analysis resulted in 10,876 (km) (6,758 mi) of stream habitat potentially occupied historically (May and Albeke 2005, pp. 6, 1619). This analysis included estimated stream miles for historically occupied BCT lakes because the analysis protocol was not designed to address lake populations separately. The historically occupied habitat identified in each State included: Utah7,916 km (4,919 mi) (73 percent); Idaho1,854 km (1,152 mi) (17 percent); Wyoming974 km (605 mi) (9 percent); and Nevada132 km (82 mi) (1 percent) (May and Albeke 2005, pp. 6, 1619). The United States is divided and subdivided into successively smaller hydrologic units that are classified into four levels: regions, subregions, accounting units, and cataloging units. Fourthlevel hydrologic unit codes (HUCs) in the Lake Bonneville Basin, including Pine Valley, Tule Valley, PilotThousand Springs, Northern Great Salt Lake Desert, Lower Beaver, and Sevier Lake, were not included as historical habitats because they were judged unsuitable due to extreme conditions, because information on them prior to 1800 is unavailable, or because historical records indicate that they were devoid of fish.

Current Distribution

Current distribution of BCT is approximately 3,830 km (2,380 mi) 35 percent of the probable historically occupied stream miles (May and Albeke 2005, p. 19). Currently occupied habitat identified in each State includes Utah2,438 km (1,515 mi) (64 percent); Idaho869 km (540 mi) (23 percent); Wyoming476 km (296 mi) (12 percent); and Nevada47 km (29 mi) (1 percent) (May and Albeke 2005, p. 19).

The BCT is well distributed throughout its range in four watershed based GMUs (see Figure 1; Table 1 below). In earlier assessments, five GMUs or GUs (geographic units) were identified as including current populations of BCT; however, we combined the Bear Lake and Bear River GMUs because they occur within one watershed, and our analysis was conducted by watershed (May and Albeke 2005, pp. 45). This reconfiguration of GMUs does not imply a reduction in the geographic area where BCT occur (May and Albeke 2005, pp. 25).

Within each GMU, streams were identified to the 4thlevel hydrologic unit and assigned to a HUC. BCT occupy habitat in 22 of the 23 HUCs determined to likely have supported historical habitat. BCT also occupy habitat in three HUCs that are either partially or totally outside of the subspecies historic range (May and Albeke 2005, pp. 19 20); most of these populations were reintroduced into suitable habitat with no record of nonnative fish (Behnke 1992, pp. 134135). The Bear River GMU has the greatest extent of currently occupied BCT habitat (2,010 km/1,249 mi), followed by the Northern Bonneville (1,532 km/952 mi), Southern Bonneville (187 km/116 mi), and the West Desert (101 km/ 63 mi).
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Table 1From May and Albeke 2005, (p. 19), Table 21 (p. 34) Km (mi) occupied Km (mi) currently Number of BCT by BCT GMU name occupied by BCT conservation conservation populations populations Bear River............................................. 2,010 (1,249) 33 1,753 (1,089) Northern Bonneville.................................... 1,532 (952) 65 1,318 (819) Southern Bonneville.................................... 187 (116) 21 145 (90) West Desert............................................ 101 (63) 34 101 (63)

Totals............................................. 3,830 (2,380) 153 3,316 (2,061) Hybridization

Hybridization is a concern for many cutthroat trout populations. An introgressed population results when a nonnative species or subspecies is introduced into or invades native cutthroat trout habitat, the two species then interbreed (i.e., hybridize), and the resulting hybrids survive and reproduce. If the hybrids backcross with one or both of the parental species, genetic introgression occurs. Continual introgression can eventually lead to the loss of genetic identity of one or both parent species, thus resulting in a ``hybrid swarm'' consisting entirely of individual fish that often contain variable proportions of genetic material from both of the parental species.

Our criteria for considering the potential impact of introgressed populations of BCT are consistent with a position paper, titled ``Genetic Considerations Associated with Cutthroat Trout Management,'' developed by the fish and wildlife agencies of the intermountain western States (UDWR 2000a, pp. 19). Signatories to the position paper include the IDFG, Montana Fish Wildlife and Parks, NDOW, New Mexico Game and Fish Department, UDWR, and WGFD. The document identified, for all subspecies of inland cutthroat trout, three tiers of natural populations for prioritizing conservation and management options under State fish and wildlife management authorities: (1) Core conservation populations composed of greater than 99 percent cutthroat trout genes; (2) conservation populations that generally ``have less than 10 percent introgression, but in which introgression may extend to a greater amount depending upon circumstances and the values and attributes to be preserved''; and (3) cutthroat trout sport fish populations that, ``at a minimum, meet a species'' phenotypic expression defined by morphological and meristic characteristics (counts of body parts) of cutthroat trout.''

The premise of the position paper on genetic considerations was that populations must conform, at a minimum, to the morphological and meristic characteristics of a particular cutthroat trout subspecies in order to be included in a State's conservation and management plan for that subspecies. Conservation populations of a cutthroat trout subspecies include fish believed to have uncommon or important genetic, behavioral, or ecological characteristics relative to other populations of the subspecies. Sport fish populations, conversely, while conforming morphologically (and meristically) to the scientific taxonomic description of the subspecies, do not meet the additional genetic criteria of conservation or core, and are managed for their value as sport fish rather than for conservation of the subspecies.

Following the State management agencies' position paper (UDWR 2000a, pp. 19), a ``core population'' is genetically unaltered (pure), and a ``conservation population'' is pure (a core population) or slightly introgressed (typically less than 10 percent) due to past hybridization, yet has attributes worthy of conservation. Therefore, conservation populations include both core populations (genetically pure) and populations that are less than 10 percent introgressed with rainbow trout or other subspecies of cutthroat trout (May and Albeke 2005, p. 71). The BCT rangewide status report (May and Albeke 2005, p. 31) identified 153 stream populations (3,316 km/2,061 mi) as conservation populations (see Table 1, above, and Figure 2). Of the 153 conservation populations, 73 (732 km/455 mi) are considered core populations containing genetically pure BCT.

We consider all core and conservation populations, as defined under the States' standards and as described by May and Albeke (2005, p. 31), for purposes of conducting this status review. Because the categories are nested (conservation populations include core populations), we refer to them collectively as ``BCT conservation populations'' in the remainder of this finding. Some of the data presented in May and Albeke (2005) pertains to all BCT populations (including sport fish) or habitat. Those areas of this document that do not specify
``conservation populations,'' therefore, are referring to all BCT populations. We conducted our analysis on conservation populations because we found that BCT with less than 10 percent introgression still express important behavioral, life history, or ecological adaptations of indigenous populations within the range of the subspecies, and remain valuable to the overall conservation and survival of the subspecies (Campton and Kaeding 2005, pp. 13231325). (See also Factor E, Hybridization with Nonnative Fishes.)
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Conservation Populations

Designated BCT conservation populations exist throughout the subspecies' historic range (May and Albeke 2005, p. 31)in all four States and in the four designated GMUs. BCT currently occupy some habitat in 22 of the 23 HUCs historically occupied, and BCT that meet the conservation population definition (less than 10 percent introgressed) exist in 19 of those HUCs. BCT conservation populations were also identified in two HUCs (SpringSteptoe and Hot CreekRailroad Valley) outside historic range, and three additional conservation populations were identified outside historical range within the Upper Virgin HUC. The majority of conservation populations (65) occur in the Northern Bonneville GMU occupying 1,318 km (819 mi). The remainder of BCT conservation populations are relatively equally distributed among the West Desert (34), Bear River (33), and Southern Bonneville (21) GMUs. These populations occupy 101 km (63 mi), 1,753 km (1089 mi), and 145 km (90 mi) respectively (May and Albeke 2005, p. 34).

The majority of BCT conservation populations (101; 66 percent) occur as isolated, nonnetworked populations (May and Albeke 2005, p. 34); 25 populations (16 percent) are weakly connected; 15 populations (10 percent) are moderately connected; and 12 populations (8 percent) have migratory forms and open migration corridors that make them strongly connected. The strongly connected populations occur in Utah, Idaho, and Wyoming in the Bear River Geographic Management Unit (GMU) and Northern Bonneville GMU (May and Albeke 2005, pp. 34, 107, 115, 117).

BCT Population Trend

BCT population trend and status can be interpreted from results of previous assessments conducted from the early 1970's through the present time. Hickman (1978, pp. 121122) identified approximately 15 populations he considered ``pure'' occupying approximately 34 km (21 mi) of stream habitat. Duff (1988, pp. 121127) reported 41 ``genetically pure'' BCT populations (39 stream populations) in association with 304 km (189 mi) of stream habitat. A draft Service status review that was never finalized reported 48 genetically pure BCT populations throughout the Bonneville Basin (USFWS 1993, pp. 162). Duff (1996, pp. 3839) further refined his BCT population distribution reporting 81 genetically ``pure'' populations occupying 377 km (234 mi) of stream habitat. A Service status review found that BCT occupied a total of 1,372 km (852 mi) of stream habitat and 28,352 ha (70,059 acres) of lake habitat totaling 291 populations (USFWS 2001, pp. ivv).

BCT assessments conducted between 1978 and 1996 generally counted populations that were thought to be genetically ``pure.'' The 2001 Service assessment determined the genetic status of each population but was more inclusive and counted management, conservation, and potential conservation populations (USFWS 2001, pp. viiixi). The May and Albeke (2005) assessment assessed the genetic status of each BCT population and then categorized genetic status based on the criteria in the State's genetic position paper (UDWR 2000a, pp. 19).

Methods for tallying the number of individual BCT populations tended to vary by individual assessment, with earlier assessments tending to split tributary populations from mainstem river reaches. In contrast, methods used for the May and Albeke (2005, p. 64) assessment tended to group populations by higher order streams, thereby reducing the total count of populations. Thus, it is important to consider changes in the amount of occupied habitat when assessing population trends from different assessments rather than to simply rely on changes in number of populations. The number of known stream miles occupied by BCT conservation populations increased over time from 15 populations in 34 km (21 mi) of habitat in 1978 to 153 populations in 3,316 km (2,061 mi) in 2004. Some of the increase in BCT conservation populations and their habitat is the result of conservation actions such as the discovery of more populations in recent years; the expansion or restoration of populations; and the eligibility of populations for conservation status (through genetic testing) that were previously considered hybridized. Increases in the amount of BCT conservation population habitat is also due to the use of a more accurate GISbased assessment method that incorporated the National Hydrography Dataset geodatabase (May and Albeke 2005, p. 2) and also the inclusion of lakes as river miles as used in the most recent assessment protocol (see above), although the increase due to the inclusion of lakes in the river mile calculation only accounts for an additional 412 km (256 mi) of stream habitat.

The BCT Conservation Team's most recent analysis of the number of BCT conservation populations and the extent of their habitat indicates that conservation populations have increased from 153 populations in 3,316 km (2,061 mi) in 2004 (May and Albeke 2005, p. 31), to 172 populations in 3,333 km (2,071 mi) in 2008 (Burnett 2008a, entire). This most recent evaluation of the BCT Conservation Team's database was cursory and was not performed for other population parameters discussed in May and Albeke (2005) (i.e., restoration activities, genetic status, population health and densities, etc.); however, it does indicate that the number of BCT conservation populations and their habitat continue to increase.

Summary of Factors Affecting the Species

Section 4 of the Act (16 U.S.C. 1533), and implementing regulations at 50 CFR 424, set forth procedures for adding species to the Federal Lists of Endangered and Threatened Wildlife and Plants. In making this finding, we summarize information regarding the threats to the BCT in relation to the five factors provided in section 4(a)(1) of the Act.

In making this finding, we considered all scientific and commercial information that we received or acquired up to the publication of the 2001 12month finding (66 FR 51362), and after publication of the notice initiating this finding (73 FR 7236; February 7, 2008). We relied primarily on published and peerreviewed documentation for our conclusions, and most significantly, the rangewide status report competed by the BCT Conservation Team (May and Albeke 2005, entire).

Pursuant to section (4) of the Act, a species may be determined to be an endangered or threatened species on the basis of any of the following five factors: (A) Present or threatened destruction, modification, or curtailment of habitat or range; (B) overutilization for commercial, recreational, scientific, or educational purposes; (C) disease or predation; (D) inadequacy of existing regulatory mechanisms; or (E) other natural or manmade factors affecting its continued existence. We evaluated whether threats to the BCT may affect its survival. Our evaluation of threats, based on the best scientific and commercial information available, is presented below.
Factor A. The Present or Threatened Destruction, Modification, or Curtailment of the Species' Habitat or Range

Land use activities associated with each BCT conservation population were
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identified and documented in May and Albeke (2005, p. 52, Table 30), but the significance of the activities was not determined in relation to individual populations or to the conservation of the subspecies. Nonangling recreation (camping, hiking, ATV use, etc.) occurs in 69 percent of the conservation populations. Livestock grazing occurs in 58 percent of the conservation populations, roads in 69 percent, timber harvest in 20 percent, and dewatering in 30 percent. Hydroelectric plants, water storage, or flood control occurs in 20 percent of the conservation populations. A small percentage of populations have mining or nonnative fish stocking. Many populations have more than one land use occurring in the area.

A comprehensive assessment of the effects of land management practices on BCT does not exist. However, an evaluation of habitat quality was conducted for currently occupied habitat (May and Albeke 2005, p. 26). The evaluation considered both natural habitat features and humancaused disturbances. A stream ranked as ``excellent'' if it had ample pool habitat, low sediment levels, optimal temperatures, and quality riparian habitat. A ``good'' habitat quality rating indicated the presence of some less than ideal attributes, and ``fair'' indicated the presence of a greater number of less than ideal attributes. A ``poor'' habitat quality rating indicated the inferior conditions of most habitat attributes. Of total occupied habitat for all BCT populations, excellent habitat conditions occurred in approximately 196 km (122 mi) (5 percent); good conditions occurred in 1,801 km (1,119 mi) (47 percent); fair conditions occurred in 1,080 km (671 mi) (28 percent); poor conditions occurred in 628 km (390 mi) (16 percent), and unknown conditions occurred in 126 km (78 mi) (3.2 percent). The majority of occupied habitat (80 percent) is in fair, good, or excellent condition.

Livestock grazing occurs in 58 percent of the BCT populations. Livestock grazing became an acute problem for watershed health in the late 1880s through 1930s when grazing, particularly sheep grazing, was so extensive and illmanaged that widespread watershed damage occurred throughout many areas in the Bonneville Basin. In fact, at the turn of the century, sheep were crowding cattle out of many areas (Peterson and Speth 1980, p. 179). In the Wasatch Mountains east of Salt Lake City, Utah, overgrazing of sheep denuded mountain meadows, some to the extent that watersheds experienced massive soil loss, landslides and severe erosional damage. In addition to resident sheep, Utah was at a geographical `crossroads of the west' where hundreds of sheep were trailed to and from neighboring States (Peterson and Speth 1980, p. 179).

Overgrazing by sheep can be particularly damaging to overall watershed conditions. Sheep have been known to graze vegetation down to dirt and ``grub'' away at grass roots thereby damaging the soil mantle, which acts to hold water for plant uptake (Peterson and Speth 1980, p.180). The extensive watershed damage typical of overgrazing sheep in the early 20th century led to massive soil erosion, land slides, and flooding during heavy precipitation (Cottam 1947, pp. 2329). Such events can completely eliminate local fish populations and undoubtedly affected local populations of BCT. For streams already fragmented from diversions or dewatering, such events could have led to local extirpation of BCT where no connected populations were available to recolonize streams after a catastrophic flood.

Although cattle grazing can affect watershed conditions as well, the greater concern for cattle grazing stems from direct stream impacts where cattle are permitted to dwell in or are trailed through stream channels and riparian areas. Without adequate management, cattle can trample and destroy instream habitat and stream banks. They forage on lush riparian vegetation, which leads to degraded stream conditions and changes in channel morphology. Trampling destroys undercut banks resulting in wider and shallower channel morphology. Where this occurs, BCT can be impacted by increased water temperatures, loss of habitat complexity, altered macroinvertebrate foodbase, and increased deposition of fine sediment (Platts 1991, p.393; Belsky et al. 1999, p.420; Rinne 1999, p.14).

When livestock grazing is managed appropriately, it can occur in the vicinity of stream and riparian habitat, and habitat conditions that support fish populations can still be maintained (Fitch and Adams 1998, p. 197). The Western Watersheds Project, Inc. (Carter 2008, pp. 17) submitted information documenting grazing impacts in localized areas in the Bear River GMU. Much of the information documents range conditions relative to grazing allotment reauthorizations. The information and conclusions presented included the assumption that, if a land management activity occurred within the vicinity of a BCT population, it was adversely affecting the population. We recognize that overgrazing can cause adverse impacts to individual populations of BCT. However, only 16 percent of the occupied stream miles have poor habitat quality (May and Albeke 2005, p. 26). Specific information on grazing impacts to BCT habitat on a rangewide basis is not available. We found no information indicating that overgrazing significantly affects the rangewide status of BCT now, or will do so in the foreseeable future. Therefore, we conclude that overgrazing is not a significant threat to BCT.

Roads, timber harvest, and dewatering occur in the area of some BCT populations. Similar to water development and grazing, the greatest impacts from timber harvesting occurred from 1850 to 1950. Although timber harvesting still occurs on National Forest Lands and very limited private lands in the Bonneville Basin, and may have some detrimental impacts on streams and watersheds, timber harvesting standards have substantially improved, particularly regarding protection of streams and watershed condition, and the catastrophic destruction that occurred in the first 100 years of pioneer settlement no longer occurs.

Currently, timber harvesting affects BCT through the indirect effects of road building and deforestation. Road building is known to add fine sediment to streams where roads cross or follow stream channels. These fine sediments can fill interstitial spaces important for successful spawning and survival of eggs and larval fish as well as alter the macroinvertebrate food base (Williams and Mundie 1978, p.10321033). Deforestation can also add sediment input into streams where riparian buffers are not implemented. Loss of trees also increases water volume draining into stream channels, which can alter flow and sediment regimes or exacerbate catastrophic flooding during extreme precipitation events.

Within the Bonneville Basin, timber harvesting is fairly limited compared to other areas of the inland west, mainly because the arid climate is not conducive to extensive, lush forests. Timber harvest occurs in only 20 percent of BCT conservation population habitat (May and Albeke 2005, p. 52, Table 30). We found no information indicating that timber harvesting significantly affects the rangewide status of BCT now, or will do so in the foreseeable future. Therefore, we conclude that timber harvesting is not a significant threat to BCT.

Direct effects of water diversions and depletions (dewatering) on BCT occur where reaches are dewatered or made inaccessible by instream barriers. Secondary effects of water development may include higher water temperatures
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in summer months because of lower water volume and diminished riparian condition and altered instream and shoreline habitat, all of which can impact cutthroat trout spawning and populations (Clancy 1988, pp. 40 41). Dewatering occurs in only 30 percent of BCT conservation population habitat (May and Albeke 2005, p. 52, Table 30). Rates of habitat loss through water diversions and depletions were likely heaviest for the decades immediately after pioneer settlement, in the late 1800s, throughout the Bonneville Basin near locations of population growth. We found no information indicating that dewatering significantly affects the rangewide status of BCT now, or will do so in the foreseeable future. Therefore, we conclude that dewatering is not a significant threat to BCT.

Idaho and Nevada have no producing oil or gas wells in BCT areas. However, oil and gas development has been accelerating over the last several years in Utah and Wyoming. Oil and gas development could affect BCT through increased land disturbance from roads and pads that could cause water quality problems associated with increased sediment loads, and through leaks, spills, and discharge of produced water reaching BCT habitat (WGFD 2004, pp. 2526). The BLM and Utah Division of Oil Gas and Mining provided information on locations of existing active and inactive wells and oil and gas leases on BLM, USFS, and other lands where BLM has jurisdiction over the subsurface mineral rights within the BCT range in Utah and Wyoming (BLM 2008a, entire; UDOGM 2008, entire). A well exists within 1.6 km (1 mi) or less of 26 BCT conservation populations (17 percent of all conservation populations). Of these 26 populations, 2 were near active or producing wells; the wells near the remaining 24 populations were nonproducing and were shutin, plugged and abandoned, or abandoned entirely for development. These nonproducing wells have a greatly reduced likelihood of releasing oil and gas related contaminants into BCT habitat (BLM 2008b, entire). Relatively little overlap exists between oil and gas development sites and BCT conservation populations. BCT populations typically occur at higher elevations where minimal oil and gas activity exists. An analysis of potential future oil and gas development for the States of Wyoming and Utah indicates that the majority of leases occur outside the historic range of BCT (BLM 2008b, entire). Potential impacts to BCT resulting from oil and gas development on Federal land are typically assessed through the National Environmental Policy Act (NEPA) review process; as a result, future effects should be disclosed and effects to BCT will have to be taken into consideration due to the sensitive species management status of BCT on Federal land. Therefore, based on the best scientific and commercial information available, we conclude that dewatering is not a significant threat to BCT now, or in the foreseeable future.

Summary of Factor A

Land use practices, such as livestock grazing, road construction and maintenance, dewatering, and timber harvest, are occurring to some extent in most areas of occupied habitat. However, habitat quality ratings are fair, good, or excellent in 80 percent of BCT habitat throughout the current range of the subspecies. Approximately half of all BCT populations (49 percent) occur on Federal lands where land use regulations are in place to ensure ongoing maintenance of existing habitat (see Factor D). Restoration and conservation activities are occurring for at least 57 percent of the conservation populations.

We find that the presence alone of an activity within a stream segment containing a conservation population is not sufficient evidence to conclude that the population is threatened or that a certain land use activity affects all populations rangewide at a significant level. Additional parameters, such as magnitude of impacts, distribution and abundance of BCT populations, and population trends, lend to an overall status determination. Many species exist in managed landscapes; not all are significantly impacted by humancaused influences to the level of being considered threatened under the Act.

BCT conservation populations are well distributed in four GMUs, collectively forming a solid basis for persistence of BCT. These GMUs contain 19 of the 23 HUCs determined to have supported historical BCT habitat. In addition, BCT conservation populations currently occupy habitat in three HUCs that are either partially or totally outside the subspecies' historic range.

Based on the best scientific and commercial information available, we conclude that BCT is not now or in the foreseeable future, threatened by destruction, modification, or curtailment of its habitat or range to the extent that listing under the Act as a threatened or endangered species is warranted at this time.
Factor B. Overutilization for Commercial, Recreational, Scientific, or Educational Purposes

No commercial harvest of BCT currently occurs, so only recreational angling could potentially result in overutilization. Data show that angling occurs in 60 percent of BCT conservation populations (May and Albeke 2005, p. 52). Utah, Idaho, and Wyoming have special regulations providing protection against overharvest of BCT. These special regulations include catchandrelease requirements, limited harvest, fishing closures, and tackle restrictions. In addition, the remote location of many BCT streams provides protection from heavy fishing pressure (NDOW 2006, p. S28; Baker et al. 2008, p. 29; Donaldson 2008, p. 3).

The State of Idaho implements several fishing regulations to manage potential angler impacts in State waters. For most streams able to support larger fish, bag limits are 2 fish greater than or equal to 40 centimeters (cm) (16 in) in length. In smaller streams, where BCT typically do not exceed 30 cm (12 in), the general stream limit is 2 fish, and no size constraints exist. In other waters, seasonal angling restrictions or catchandreleaseonly regulations are implemented (IDFG 2008, pp. 3, 19). In Utah, several fishing regulations protect native cutthroat trout from overutilization. The State reduced trout bag and possession limits from eight fish to four, and imposed short term fishing closures to protect native cutthroat trout (Donaldson 2008, p. 3). Wyoming implements angling restrictions, such as size limits, reduced bag limits, and tackle restrictions to protect BCT populations (WGFD 2008, p. 8). Many of Nevada's BCT populations occur in remote areas, which provide protection from heavy fishing pressure (Baker et al. 2008, p. 29). None of the four States considers angling, under their current regulations, to be a threat to the subspecies.

Collection of BCT for scientific or educational purposes is controlled by strict State permitting processes that prevent excessive sampling throughout its range in Utah, Wyoming, Idaho, and Nevada. Collection of fish tissue for genetic sampling is conducted by nonlethal techniques (Rogers 2007, pp. 13).

Summary of Factor B

No commercial harvest of BCT currently occurs. Only recreational angling could potentially result in overutilization. However, Utah, Idaho, and Wyoming have special regulations
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providing protection against overharvest of BCT. Also, in our 2001 12 month finding (66 FR 51362), we concluded that angler harvest did not pose a significant threat to the continued existence of BCT, and we know of no new information during development of this finding to change this conclusion. Collection of BCT for scientific or educational purposes is controlled by strict State permitting processes throughout the range of the subspecies. Therefore, we conclude that the best scientific and commercial information available indicates that overutilization for commercial, recreational, scientific, or educational purposes is not a significant threat to BCT now, or in the foreseeable future.
Factor C. Disease or Predation

Disease

The BCT Conservation Team evaluated disease in the BCT status report (May and Albeke 2005, pp. 1112, 4042). Diseases considered had the potential to cause significant impacts to population health and included, but were not limited to, whirling disease, infectious pancreatic necrosis virus, and furunculosis. The BCT Conservation Team assessed risks based on proximity of diseasecausing pathogens and their accessibility to a population. The majority of the populations (63 percent) have limited risk because disease and pathogens are not known to exist in the watershed, or a barrier blocks upstream fish movement. In general, isolated populations have less risk of catastrophic diseases. Fourteen populations (9 percent) are currently known to be infected with one of the identified diseases (May and Albeke 2005, pp. 4041).

In recent years, whirling disease has become of great concern to fishery managers in western States. Whirling disease is caused by the nonnative myxosporean parasite, Myxobolus cerebralis. This parasite was introduced to the United States from Europe in the 1950's and requires two separate host organisms to complete its life cycle. Its essential hosts are a salmonid fish and an aquatic worm, Tubifex tubifex. Juvenile, subadult, and adult life stages of BCT have been shown to be susceptible to whirling disease in the Logan River, and some Logan River study sites exhibit a downward trend in BCT abundance (Budy et al. 2005, pp. xixiii). Despite this, BCT in the Logan River demonstrate high growth and survival rates and are generally in relatively good health. Logan River tributaries are important refuges from whirling diseaseinfected areas in the Logan mainstem (Budy et al. 2005, pp. xixiii). Tubifex tubifex is most abundant in areas of high sedimentation, warmer water temperatures, and low dissolved oxygen. Most populations of BCT occur in cold water stream habitats at high elevations, where Tubifex tubifex is less likely to be abundant.

All four States have developed management activities to protect BCT populations from whirling disease. Though whirling disease is known to occur in some Nevada waters, it currently does not pose a threat to BCT populations because it occurs at low levels among BCT populations (NDOW 2006, pp. S27). Regardless, Nevada is in the process of formalizing protocols for BCT reintroductions and transplants relating to disease certification and broodstock management (NDOW 2006, pp. S27, S32). Idaho has outlined several strategies to protect BCT populations from the negative effects of disease. Strategies include monitoring fish populations for disease, prohibiting importation of fish and wildlife that carry disease risk, and ensuring that stocking, translocation, and propagation of fish do not contribute to the transmission or introduction of diseases (IDFG 2008, p. 14). Utah has some of the most stringent fish disease laws in the United States, which do not allow the stocking of fish that test positive for whirling disease (Donaldson 2008, pp. 45). UDWR is studying the effects of whirling disease in a portion of BCT occupied waters in Utah that have been infected (Donaldson 2008, p. 4). Wyoming has a policy of not stocking fish that test positive for Myxobolus cerebralis (WGFD 2008, p. 9).

Predation

Of the 153 conservation populations identified in the rangewide BCT status report, 97 (63 percent) had no interaction with nonnative fish and 56 (37 percent) were sympatric with nonnative fish (May and Albeke 2005, p. 31). All BCT conservation populations sympatric with nonnative fish are located in the Bear River and Northern Bonneville GMUs. In these GMUs, BCT can be replaced by nonnative trout, but the degree to which predation is a factor in this replacement has not been well documented (Holden et al. 1997, pp. 321). Although nonnative fish can have negative effects on BCT in localized areas due to predation, research in the Logan River drainage shows that it is possible for BCT populations to persist in the presence of predacious nonnative fish (Behnke 1992, p. 107; Budy et al. 2005, pp. xixiii).

Predation can affect BCT, mainly during early life stages, where other predaceous fish occupy the same area (UDWR 2000b, p. 48). Utah has implemented several management actions intended to alleviate potential predation of BCT by nonnative trout, including: nonnative removal/barrier installation projects; barring nonnative cutthroat stocking in conservation drainages; increasing angler harvest limits for brook trout in the Boulder and Uinta Mountains; and initiating fisheries research work (Donaldson 2008, pp. 57). Nevada has virtually eliminated threats to BCT from nonnative fish by utilizing barriers and nonnative removal restoration projects (Baker et al. 2008, pp. 35; NDOW 2006, p. S27).

Similar to Utah, Idaho and Wyoming have enacted management actions intended to alleviate potential predation of BCT by nonnative trout. Idaho has discontinued stocking brook trout into native trout streams, increased the daily limit for brook trout from 6 to 25, and removed or suppressed nonnative trout species that compete with BCT (IDFG 2008, pp. 67). Wyoming is monitoring BCT populations to ensure that nonnative populations do not become established in new waters in the Bear River drainage, have ceased stocking nonnative trout in waters managed for BCT conservation populations, and have implemented nonnative removal/barrier installation projects to control nonnative fish in BCT habitat (Emmrich 2008, p. 2; WGFD 2008, p. 10). Summary of Factor C

Only 14 (9 percent) BCT conservation populations are infected with a significant disease, and no additional populations are at high risk for infection (May and Albeke 2005, pp. 4041). Therefore, we conclude that the best scientific and commercial information available indicates that neither whirling disease nor other disease organisms significantly threaten BCT now, or in the foreseeable future.

Predation by nonnative fish, the primary source of predation on young BCT, may have some effect on BCT populations in the Bear River and Northern Bonneville GMUs. However, 63 percent of conservation populations have no interactions with nonnative fish. Also, research shows that it is possible for BCT populations to persist in the presence of predacious nonnative fish (Behnke 1992, p. 107; Budy et al. 2005, pp. xixiii). State fish and wildlife agencies continue to implement management actions intended to alleviate potential predation of BCT by nonnative fish. At this time, we know of
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no information that indicates to us that predation significantly affects BCT now, or in the foreseeable future.

Factor D. Inadequacy of Existing Regulatory Mechanisms

The Act requires us to examine the adequacy of existing regulatory mechanisms with respect to extant threats that place the subspecies in danger of becoming either threatened or endangered. Regulatory mechanisms affecting BCT fall into three general categories: angling, land management, and water quantity.

Angling

The States of Utah, Idaho, Nevada, and Wyoming consider BCT a game species, and each State has specific regulations regarding catching BCT by angling. We concluded above that recreational angling is not a significant threat to BCT, now or in the foreseeable future (see Factor B).

Regulatory Mechanisms Involving Land Management

Numerous State and Federal laws and regulations help reduce adverse effects of land management activities on BCT. Most habitat in watersheds inhabited by BCT conservation populations is managed by Federal land management agencies, primarily the USFS and BLM, and to a limited extent the NPS. Federal laws that reduce impacts to BCT and their habitats include the Clean Water Act, Federal Land Policy and Management Act, National Forest Management Act, Wilderness Act, and National Environmental Policy Act. Approximately 49 percent of all occupied BCT habitat (including both sport fish and conservation populations) occurs on lands managed by Federal agencies, and the USFS manages the majority (May and Albeke 2005, p. 29). Of the 3,830 km (2,380 mi) of occupied habitat, 1,867 km (1,160 mi) are under Federal jurisdiction and the majority occur on National Forests (1,209 km (751 miles)) (May and Albeke 2005, p. 29); these figures include sport fish populations because figures for conservation populations alone are not available (see Table 2 below). BCT occur in a large geographic area within the following National Forests: BridgerTeton, CaribouTarghee, Dixie, Fishlake, HumboldtToiyabe, Uinta, and WasatchCache. BCT occupy 11 km (7 mi) of land administered by the BLM, and 7 km (4.4 mi) managed by the NPS. Approximately 657 km (408 mi) of occupied BCT habitat occurs in wilderness areas managed by the USFS or BLM. Wilderness Areas and National Parks provide an extra level of protection for BCT because many land management activities are prohibited in them.
Table 2BCT Occupied Land Ownership [Numbers include areas occupied by both sport fish and conservation populations] USFS and BLM USFS BLM NPS Wilderness Nonfederal Total 1,209 km........................ 11 km 7 km 657 km 2,603 km 3,830 km (751 mi)........................ (7 mi) (4.4 mi) (408 mi) (1,618 mi) (2,380 mi) U.S. Forest Service

The USFS Sensitive Species Policy in Forest Manual 2670 outlines procedures for conserving sensitive species. The policy applies to projects implemented under the 1982 National Forest Management Act (NFMA). The range of the BCT is within USFS Region 4, where it is designated a sensitive species by the USFS, and where the Forests have Land and Resource Management Plans (LRMPs) developed under NFMA. The USFS has proposed a revision to NFMA in 2008; it is likely that, if the rule is finalized, LRMPs would be revised accordingly. The NFMA revision would result in more strategic and less prescriptive LRMPs that identify ecosystemlevel desired conditions and provide management objectives and guidelines for meeting desired conditions (Forsgren 2008, pp. 12). The LRMPs might provide speciesspecific direction for special status species when broader, ecosystemlevel desired conditions do not meet conservation requirements.

USFS Manuals and Handbooks codify the agency's policy, practices, and procedures and are sources of administrative direction for USFS employees. USFS Region 4 applies practices outlined in their Soil and Water Conservation Practices Handbook to BCT habitat (USFS 1988, pp. 1 71). This handbook states that the USFS will apply watershed conservation practices to sustain healthy soil, riparian, and aquatic systems. The handbook provides Management Measures with specific criteria for implementation. For example, Management Measure No. 11.01 states: ``The Northern and Intermountain Regions will manage watersheds to avoid irreversible effects on the soil resource and to produce water of quality and quantity sufficient to maintain beneficial uses in compliance with State Water Quality Standards.'' Irreversible effects include reduced natural woody debris, excess sediment production that could reduce fish habitat, water temperature and nutrient increases that could affect beneficial uses, and compacted or disturbed soils that could cause site productivity loss and increased soil erosion. USFS land management practices are intended to avoid these effects whenever possible, while also providing for multipleuse mandates; therefore, maintaining or enhancing BCT habitat is being considered in conjunction with other agency priorities. We determined that USFS BCT management policies are currently adequately reducing impacts to the species; we found no information indicating that threats would rise to a significant level in the foreseeable future.

Bureau of Land Management

The BCT is designated a sensitive species by the BLM in Utah, Wyoming, Nevada, and Idaho. BLM policy offers the same level of protection for sensitive species as for candidate species. The policy in BLM Manual 6840Special Status Species Management (BLM 2001, pp. 06A3.06C1), reads as follows: ``For candidate/sensitive species where lands administered by the BLM or BLM authorized actions have a significant effect on their status, manage the habitat to conserve the species by:
(a) Ensuring candidate/sensitive species are appropriately considered in land use plans.
(b) Developing, cooperating with, and implementing rangewide or sitespecific management plans, conservation strategies, and assessments for candidate/sensitive species that include specific habitat and population management objectives designed for
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conservation, as well as management strategies necessary to meet those objectives.
(c) Ensuring that BLM activities affecting the habitat of candidate/sensitive species are carried out in a manner that is consistent with objectives for managing those species.
(d) Monitoring populations and habitats of candidate/sensitive species to determine whether management objectives are being met.''

BLM

FOR FURTHER INFORMATION CONTACT Larry Crist, Field Supervisor, U.S. Fish and Wildlife Service, Utah Ecological Services Office (see ADDRESSES section). If you use a telecommunications device for the deaf (TDD), call the Federal Information Relay Service (FIRS) at 800877 8339.