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U.S. Fish & Wildlife Service

A Chronology of Bull Trout Events

June 1999

October 30, 1992: The U.S. Fish and Wildlife Service (Service) received a petition to list the bull trout as an endangered species throughout its range from the Friends of the Wild Swan, Alliance for the Wild Rockies, and the Swan View Coalition.

January 7, 1993: The Service received a second petition, requesting the listing of bull trout in the Klamath River Basin, from the Oregon Chapter of the American Fisheries Society.

May 17, 1993: The Service published a 90-day petition finding determining that the petitioners had provided substantial information indicating that listing of bull trout may be warranted.

June 10, 1994: The Service published a 12-month finding that listing was warranted for bull trout within the coterminous U.S., but precluded by other higher priority work. Due to the lack or unavailability of information, the Service found that listing bull trout in Alaska and Canada was not warranted.

November 1, 1994: Two of the petitioners, Friends of the Wild Swan and Alliance for the Wild Rockies, filed a lawsuit challenging the 1994 finding.

June 12, 1995: The Service published the recycled 12-month finding concluding that listing was still warranted but precluded.

June 22, 1995: The Oregon Federal District Court issued an order declaring the 1994 challenge to the original finding moot because the Service had, by then, issued a 1995 finding. The court instructed the plaintiffs to amend their complaint to challenge the 1995 finding if they so desired. The plaintiffs declined to amend their complaint and appealed to the Ninth Circuit Court of Appeals.

April 2, 1996: The Ninth Circuit Court of Appeals overturned the District Court and remanded the case back to the District Court for further proceedings, ruling that this type of action was capable of repetition but evades judicial review.

November 13, 1996: The Oregon Federal District Court granted the plaintiffs' motion for summary judgment, directing the Service to reconsider the 1994 finding and respond to the court within four months. The ruling included specific direction to consider only the information in the Service record at the time of the original 1994 finding.

March 13, 1997: In compliance with the District Court order, Service issued a reconsidered finding based solely on 1994 record, which concluded that two populations of bull trout warranted listing (Klamath River and Columbia River population segments).

March 25, 1997: Plaintiffs petitioned the court to compel the Service to issue a proposed rule within 30 days to list the Klamath and Columbia River bull trout populations based on the 1994 record.

April 11, 1997: The Service and the plaintiffs signed an agreement stipulating that within 60 days the Service will complete a proposed rule to list the Klamath population segment as endangered and the Columbia population segment as threatened.

June 10, 1997: A proposed rule to list the Klamath River bull trout population segment as endangered and the Columbia River population segment as threatened was issued by the Service.

December 4, 1997 The Oregon Federal District Court ordered Service to reconsider several aspects of the 1997 finding concerning listing of bull trout. The court directed Service to: consider whether listing of the bull trout is warranted throughout its range; whether listing is warranted throughout the coterminous U.S.; and if Service determines that listing throughout its range, or throughout the coterminous U.S. is not warranted, or is warranted but precluded, whether listing of the Coastal/Puget Sound DPS is warranted. The court subsequently directed the Service to prepare its response by June 12, 1998.

June 10, 1998 The Service published in the Federal Register a final rule to list the Klamath River and the Columbia River bull trout population segments as threatened under the Endangered Species Act; and a proposed rule to list the Jarbidge River, Coastal-Puget Sound and St. Mary-Belly River populations segments as threatened under the ESA.

August 11, 1998 The Service emergency-listed the Jarbidge River (Nevada) bull trout population as endangered after road crews from the Elko County Road Department destroyed 27 percent of the river's bull trout habitat while conducting unauthorized road construction activities.

April 8, 1999 The Service published a final rule in the Federal Register to list the Jarbidge River population of bull trout as threatened under the ESA.

Nov. 1, 1999 The Service published in the Federal Register a final rule to list the Coastal-Puget Sound and St. Mary-Belly River populations of bull trout.


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