[Federal Register: June 6, 2005 (Volume 70, Number 107)]
[Rules and Regulations]               
[Page 32732]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AU31

Endangered and Threatened Wildlife and Plants; Opening of the 
Comment Period for the Proposed and Final Designation of Critical 
Habitat for the Klamath River and Columbia River Populations of Bull 
Trout (Salvelinus confluentus); Clarification

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule; opening of comment period; clarification.


SUMMARY: We are publishing additional information pertaining to a 
recent Federal Register document that opened a comment period on a 
proposed and final rule to designate critical habitat for the Klamath 
River and Columbia River populations of bull trout. This information 
provides clarification to that document. We hope that this additional 
information will benefit the public in understanding our actions in 
regard to the bull trout critical habitat designation.

DATES: We will accept public comments on the proposed and final rules 
until June 24, 2005.

ADDRESSES: Please see our May 25, 2005, Federal Register document (70 
FR 29998) for information regarding how and where to submit comments.




    We published a document in the May 25, 2005, Federal Register (70 
FR 29998) that announced the opening of a public comment period on the 
proposed and final designations of critical habitat for the Klamath 
River and Columbia River populations of bull trout. The proposed rule 
published on November 29, 2002, at 67 FR 71236, and the final rule 
published on October 6, 2004, at 69 FR 59996. The following information 
provides clarification to the May 25, 2005, document.
    On April 28, 2005, the government filed a motion for voluntary 
remand. If the court grants this motion, the October 6, 2004, final 
critical habitat designation will be remanded to the Service for a new 
decision. The voluntary remand would have the effect of reinstating the 
November 29, 2002, proposed rule. In a declaration supporting the 
motion for voluntary remand, the Service informed the court that in 
mid-May the Service would reopen the comment period on the November 29, 
2002, proposed rule and seek comment on the exclusions made in the 
October 6, 2004, final rule. Further, the Service indicated that the 
culmination of the administrative process initiated with the opening of 
the comment period would be conditional upon the court's ruling. In 
other words, the Service will only be making a new final determination 
on the November 2002 proposed rule to the extent that this is 
consistent with the court's ruling on the government's motion.
    Subsequently, we published the May 25, 2005, document that 
announced the opening of a public comment period. Should the court deny 
the government's motion, the Service will still collect and analyze all 
comments received as a result of the May 25, 2005, notice for use in 
any future rulemaking regarding bull trout critical habitat, and comply 
with any court order issued. The Service published the notice reopening 
the comment period before the court ruled on the government's motion to 
ensure that a new final determination could be made as quickly as 


    The authority for this action is the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.).

    Dated: May 31, 2005.
Craig Manson,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 05-11166 Filed 6-3-05; 8:45 am]