[Federal Register: November 1, 1999 (Volume 64, Number 210)]
[Proposed Rules]               
[Page 58934-58936]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01no99-22]                         



[[Page 58934]]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AF71

 
 Endangered and Threatened Wildlife and Plants; Notice of Intent 
to Prepare a Proposed Special Rule Pursuant to Section 4(d) of the 
Endangered Species Act for the Bull Trout

AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of proposed rulemaking.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), are 
considering proposing additional special regulations under the 
authority of section 4(d) of the Endangered Species Act (Act) of 1973, 
as amended, that would promote the conservation of bull trout 
(Salvelinus confluentus). The Act prohibits take of species that are 
listed as endangered, except where authorized by permit. We have 
extended the Act's take prohibition to species that are listed as 
threatened under the authority of the Act. For some threatened species, 
we have issued special rules that exempt from the take prohibition 
certain activities that are consistent with conservation of the 
species. Published elsewhere in today's Federal Register is the final 
rule listing bull trout within the coterminous United States as 
threatened. In the final listing rule we have included a special rule 
that exempts from the take prohibition fishing activities authorized 
under State, National Park Service, or Native American Tribal laws and 
regulations and take for educational purposes, scientific purposes, the 
enhancement of propagation or survival of the species, zoological 
exhibition, and other conservation purposes consistent with the Act.

    We are considering amending this special rule to also exempt two 
categories of activities affecting bull trout: Habitat restoration; and 
other land and water management activities that are governed by 
enforceable regulations that provide substantial protection for bull 
trout.

    Habitat restoration activities designed to enhance riparian and 
stream habitat conditions for salmonids can provide major contributions 
to the conservation of bull trout. However, some of these activities 
may cause short-term impacts, such as sediment entering streams from 
culvert removal or bank restoration, that result in take of bull trout. 
We are considering amending the special rule to exempt such activities, 
both Federal and non-Federal, from the take prohibitions of the Act, 
where the activities meet criteria for minimizing adverse impacts to 
bull trout. We would require some, as yet to be defined, minimal annual 
level of reporting to help us monitor restoration efforts and 
accomplishments.

    We are also considering amending the special rule to exempt other 
land and water management activities from the take prohibitions of the 
Act when they are conducted in accordance with enforceable regulations 
that provide substantial protection for bull trout. Activities 
considered for coverage under the amended special rule would be non-
Federal activities, and would be implemented under locally prepared, 
Service-approved, Conservation Enhancement Plans (CEPs). Activities 
that would be exempted under a special rule could involve some level of 
impact, but would have to fall within an overall framework that would 
contribute to the conservation of the species.

DATES: Send your comments to reach us on or before December 16, 1999.

ADDRESSES: You should send your comments to the U.S. Fish and Wildlife 
Service, Western Washington Office, 510 Desmond Drive, Lacey, 
Washington 98503.

FOR FURTHER INFORMATION CONTACT: Gerry Jackson, Supervisor, Western 
Washington Office, (see ADDRESSES section) (telephone 360/753-9440; 
facsimile 360/753-9405).