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The 90-Day Finding on a Petition to List the California Golden Trout

September 20, 2002

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SERVICE TO CONSIDER LISTING CALIFORNIA’S STATE FISH

SACRAMENTO, California – The California golden trout, which lives in some of the highest watersheds in the southern Sierra Nevada and is California’s official state fish, may need to be protected under the Endangered Species Act, the U.S. Fish and Wildlife Service has determined.The Service, complying with a court order, has completed an initial review – called a "90-day finding" – on a petition filed by Trout Unlimited to list the species as endangered. The Service has determined that substantial evidence exists to support the petitioned action.The Service next will complete a 12-month review to decide whether or not to propose the California golden trout for listing as threatened or endangered. At the end of the 12-month review, the Service will determine whether listing is "not warranted," "warranted" or "warranted but precluded" based on other higher priority species.

An "endangered" species is one that is in danger of extinction throughout all or a significant portion of its range. A "threatened" species is one that is likely to become endangered within the foreseeable future.
"No final decision has been made," said Steve Thompson, Manager of the Service’s California/Nevada Operations Office. "The Service is initiating a 12-month status review to determine if the petitioned action is warranted. To ensure that the review is comprehensive, we are soliciting information and data regarding this species."At the same time it is doing the 12-month review, the Service will work with the state Department of Fish and Game, the U.S. Forest Service and other agencies and stakeholders on updating and refining a 1999 conservation strategy for the trout. Effective conservation measures in place at the time of the 12-month finding could reduce or prevent any need to list the species.

The golden trout takes its name from the brilliant gold coloring on its lower sides and the red orange coloring on its belly, cheeks, and central lateral band. A subspecies of the redband trout, the California golden trout and the Little Kern golden trout, a related species, evolved from an invasion of sea-run rainbow trout 20,000 years ago into the southern Sierra Nevada. Isolations between drainages resulted in the independent evolution of the subspecies.

California golden trout are now limited to two watersheds – the Golden Trout Creek drainage and the headwaters of the South Fork Kern River. Both are in the Golden Trout Wilderness, part of the Inyo National Forest in Tulare County. The California golden trout has experienced a decline in its range as well as abundance. Declines in populations are a result of hybridization with introduced rainbow trout and competition with introduced brown trout. Genetic studies have shown that fish in most reaches in the two watersheds show some level of hybridization. The fish have also been affected by livestock overgrazing.In November 2001, Trout Unlimited filed a complaint in Federal District Court alleging the Service had violated the Endangered Species Act by failing to act on its petition within the specified 90-day period. In June 2001, U.S. District Judge Vaughn Walker ruled in favor of Trout Unlimited and ordered the Service to complete the 90-day finding. This finding, published in today’s Federal Register, complies with that order.The Service requests any additional information, comments, and suggestions from the public, other concerned governmental agencies, the scientific community, industry, and other interested parties concerning the status of the California golden trout.

The Service is seeking information regarding historic and current distribution, biology and ecology, ongoing conservation measures for the species and its habitat, and threats to the species and its habitat. Data, information, comments or questions concerning this petition should be submitted to the Field Supervisor, Sacramento Fish and Wildlife Office, 2800 Cottage Way, Room W-2605, Sacramento, California 95825.


The U.S. Fish and Wildlife Service is the principal Federal agency responsible for conserving, protecting, and enhancing fish and wildlife and their habitats for the continuing benefit of the American people. The Service manages the 95-million-acre National Wildlife Refuge System comprising more than 540 national wildlife refuges, thousands of small wetlands, and other special management areas. It also operates 66 national fish hatcheries and 78 ecological services field stations. The agency enforces Federal wildlife laws, administers the Endangered Species Act, manages migratory bird populations, restores nationally significant fisheries, conserves and restores wildlife habitat such as wetlands, and helps foreign governments with their conservation efforts.

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FACTS ABOUT THE 90-DAY FINDING ON A PETITION
TO LIST THE CALIFORNIA GOLDEN TROUT

The California golden trout: The California golden trout is a subspecies of rainbow trout native only to the Kern River drainage. The belly and cheek coloration are bright red to bright orange, the lower sides are bright gold, the central lateral band is red orange, and the back is deep olive green. Ten parr marks are usually present on each side, even on adults. Body spotting is highly variable but California golden trout in the South Fork of the Kern River drainage typically have small dark spots over most of the length of their body, while trout from the Golden Trout Creek drainage have very few spots on their body. Standard length of an adult is between 7 and 8 inches.

The California golden trout can be found in two watersheds in the Sierra Nevada: the Golden Trout Creek drainage; and the South Fork of the Kern River drainage. These two watersheds encompass approximately 593 square miles. The California golden trout is found in elevations between 7,000 feet and 10,800 feet with an historic elevation range of 2,605 feet and 10,800 feet.

The California golden trout has experienced a decline in its range as well as abundance. Declines in California golden trout populations are a result of hybridization with introduced rainbow trout and competition with introduced brown trout. Genetic studies have shown that fish in most reaches in the two watersheds show some level of hybridization. Scientific studies have shown that factors such as livestock over-grazing can negatively affect their habitat.

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FREQUENTLY ASKED QUESTIONS ON THE 90-DAY FINDING ON
A PETITION TO LIST THE CALIFORNIA GOLDEN TROUT
 

Q. What is a 90-day finding on a petition to list?

A. Section 4 of the Endangered Species Act requires that the Fish and Wildlife Service make a finding on whether a petition to list, delist, or reclassify a species contains substantial information to indicate that the requested action may be warranted. That finding is to be made within 90 days, to the maximum extent practicable, after receipt of the petition and is to be published in the Federal Register. Findings are based on information contained in the petition, supporting information submitted with the petition, and other information available to the Service at the time.

Q. What is meant by substantial information?

A.
When the Service evaluates a petition for substantiality, it considers the adequacy and reliability of the information supporting the action advocated by the petition. A "substantial" finding indicates the Service has determined that adequate and reliable information has been presented or is available that would lead a reasonable person to believe the petitioned action may be warranted.

Q. What kinds of information are considered reliable?

A.
Among the most reliable and credible sources are papers published in peer-reviewed
scientific literature. Information provided by individuals with demonstrated expertise in the relevant subject area is also generally considered reliable. Anecdotal information or information from sources without established records of subject matter experience and expertise must be strongly corroborated to be considered substantial.

Q. What happens now?

A.
Once a positive 90-day finding is made, the Service proceeds with a status review of the species. Within 12 months of receipt of the petition, the Service decides whether the petitioned action is warranted, not warranted or warranted but precluded by proposals for other, higher-priority listing actions. If a warranted finding is made, the Service must promptly publish a proposed rule to pursue the petitioned action.

If a warranted but precluded finding is made for a petition to list, the Service classifies the petitioned species as a candidate for listing. The Service must document that it is making progress in listing, reclassifying or delisting species, and that the Service's decisions follow its listing priority system. The Service annually reviews warranted but precluded species for possible listing action.

If a not-warranted finding is made for a petition to list, the species is not assigned to candidate status.

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