Proposed Rule To List the Dolly Varden as Threatened in Washington Due to Similarity of Appearance to Bull Trout

We, the U.S. Fish and Wildlife Service (Service), propose to list the Dolly Varden (Salvelinus malma) as threatened under the ``Similarity of Appearance'' provisions of the Endangered Species Act of 1973, as amended. In Washington, the Dolly Varden, an anadromous char and a member of the family Salmonidae, occurs in several river drainages within the Coastal-Puget Sound distinct population segment of the bull trout (Salvelinus confluentus), which is listed as a threatened species under the Act. Because of the close resemblance in appearance between bull trout and Dolly Varden, law enforcement personnel have substantial difficulty in differentiating between the two species. The determination of threatened status due to similarity of appearance for Dolly Varden will extend to this species the prohibitions against take that apply to bull trout, and will substantially facilitate law enforcement actions to protect bull trout. Actions that result in take of Dolly Varden may include capture as a result of fishing and actions that degrade or destroy habitat.