[Federal Register Volume 65, Number 244 (Tuesday, December 19, 2000)]
[Proposed Rules]
[Pages 79328-79336]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-32167]
[[Page 79328]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 224
[Docket No. 001025296-0296-01; I.D. 072600A]
RIN 0648-AO05
Endangered and Threatened Species: Proposed Range Extension for
Endangered Steelhead in Southern California
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: In August 1997, NMFS listed the Southern California steelhead
Evolutionarily Significant Unit (ESU) as an endangered species and
defined its southern limit as Malibu Creek in Los Angeles County,
California, based on the best information available at that time. In
February 2000, NMFS designated critical habitat for this ESU that
includes all accessible and occupied waterways, including the adjacent
riparian zone, below longstanding impassable natural barriers within
the range of the ESU.
There is now new information indicating that steelhead or their
progeny now occur in at least two coastal river basins south of Malibu
Creek, and have successfully spawned in one of these basins (San Mateo
Creek). Based on this new information, NMFS is now issuing a proposed
rule under the Endangered Species Act (ESA) to extend the current range
of this endangered ESU to San Mateo Creek in northern San Diego County,
California.
Within the redefined Southern California steelhead ESU, only
naturally spawned populations of steelhead, and their progeny, which
reside below naturally occurring and man-made impassable barriers
(e.g., impassable waterfalls and dams) are proposed for listing. At
this time, NMFS is proposing to list only the anadromous life forms of
Onchorynchus mykiss (O. mykiss) in those river basins south of Malibu
Creek.
DATES: Comments must be received by February 20, 2001. Requests for
public hearings must be received by February 2, 2001.
ADDRESSES: Comments on this proposed rule and requests for public
hearings or reference materials should be sent to the Assistant
Regional Administrator, Protected Resources Division, NMFS, Southwest
Region, 501 West Ocean Blvd., Suite 4200, Long Beach, CA 90802-4213.
FOR FURTHER INFORMATION CONTACT: Craig Wingert, 562-980-4021, or Chris
Mobley, 301-713-1401.
SUPPLEMENTARY INFORMATION:
Previous Federal ESA Actions Related to the Southern California
Steelhead ESU
In 1994, NMFS received a petition from the Oregon Natural Resources
Council and 15 co-petitioners to list west coast steelhead populations
under the ESA. In response to this petition, NMFS conducted a status
review of west coast steelhead (Busby et al., 1996). Based on the
results of this status review and other information which constituted
the best scientific and commercial data available, NMFS published a
proposed listing determination on August 9, 1996, that identified 15
ESUs of steelhead distributed throughout the states of Washington,
Oregon, Idaho, and California, including the Southern California ESU
(61 FR 41541). Ten of the ESUs were proposed for listing as threatened
or endangered species in that document, including the Southern
California steelhead ESU which was proposed for listing as an
endangered species. On August 18, 1997, NMFS published a final rule
listing five steelhead ESUs as threatened or endangered under the ESA
(62 FR 43937). The Southern California steelhead ESU was listed as an
endangered species in that final rule.
On February 5, 1999, NMFS published a proposed critical habitat
designation for nineteen ESUs of threatened and endangered salmon and
steelhead distributed throughout Washington, Oregon, Idaho, and
California (64 FR 5740), including the endangered Southern California
steelhead ESU. A final rule designating critical habitat for these 19
ESUs, including the Southern California steelhead ESU, was published on
February 16, 2000 (65 FR 7764).
New Information Concerning Steelhead Distribution and Habitat Use
South of Malibu Creek in Southern California
In the proposed listing determination for the Southern California
steelhead ESU (61 FR 41541), NMFS indicated that the current range of
the ESU extended to the southernmost extent of the species range which
was thought to be Malibu Creek in Los Angeles County based on the best
available information. Many comments were received regarding this issue
during the public comment period, with most indicating that the
southern boundary of the ESU should be extended further south to either
the southern extent of the species historical range, the Mexican
border, or some other location. NMFS reviewed the available references
to steelhead occurring historically and more recently in streams south
of Malibu Creek and concluded in its final listing determination that
there was insufficient information to revise the southern boundary of
this ESU even though some information indicated that steelhead might
occasionally occur as far south as the Santa Margarita River in San
Diego County (62 FR 43937).
The San Mateo Creek watershed arises in the Cleveland National
Forest and flows in a southwesterly direction to the Pacific Ocean just
south of San Clemente in northern San Diego County. It is located
approximately 100 miles (161.3 kilometers (km)) south of Malibu Creek
which NMFS identified in 1997 as the southern extent of the species
range and, therefore, the southern boundary of the Southern California
steelhead ESU. Much of the lower reach of San Mateo Creek flows through
the Camp Pendleton Marine Corps Base. Approximately 6-7 miles (9.7-11.3
km) are accessible to steelhead in the mainstem and tributaries.
According to information in Titus et al. (in press), Woelfel (1991),
and the California Department of Fish and Game (DFG) (DFG, 2000), San
Mateo Creek was an important steelhead-producing stream prior to 1950
and evidently supported a local sport fishery of both juveniles and
adults. More recently, however, Nehlsen et al. (1991) classified the
San Mateo Creek steelhead population as extinct.
In February 1999, an angler reported catching and releasing a
juvenile steelhead/rainbow trout (O. mykiss) in the lower reach of San
Mateo Creek. Based on this report, DFG initiated a field investigation
to confirm the presence of O. mykiss in the San Mateo Creek watershed.
The results of this investigation are presented in a February 2000
report prepared by DFG entitled: ``Steelhead Rainbow Trout in San Mateo
Creek, San Diego County, California''(DFG, 2000), and are summarized
here.
Between March 3 and September 3, 1999, a total of 78 juvenile O.
mykiss were observed by DFG and other personnel in the San Mateo Creek
watershed, with the majority of these observations occurring in the
mainstem near its confluence with Devil Canyon. DFG did not employ
depletion or mark-recapture methods in its surveys; thus, population
size could not be estimated.
[[Page 79329]]
In conjunction with the field investigation, DFG also collected
biological information and samples for subsequent analysis, including
fin clip tissue samples from two fish for mitochondrial DNA analysis,
one otolith sample for micro chemical analysis of its primordium to
determine the marine versus freshwater residency of the maternal
parent, and scale samples and length measurements to estimate age and
growth.
Analysis of the scale samples and associated length data indicated
that the juvenile O. mykiss observed in 1999 were age 2+ fish that
constituted a relatively homogenous population in terms of size (164-
245 millimeters (mm) total length). Based on the age of these fish, DFG
concluded that they were progeny of adults that spawned in 1997. Micro
chemical analysis of strontium/calcium (Sr/Ca) ratios in the single
otolith sample obtained from a fish that was sacrificed produced a Sr/
Ca profile characteristic of a fish having an anadromous maternal
parent (i.e. a steelhead parent). Given the homogenous nature of the
observed juvenile population in terms of age and length, DFG concluded
that the juvenile O. mykiss observed in 1999 were the progeny of at
least one maternal parent that was anadromous and that spawned
somewhere in the San Mateo Creek watershed in 1997. Finally, genetic
analysis of tissue samples from two fish demonstrated that both carried
the mtDNA haplotype (MYS5) which is found most commonly in southern
California steelhead (Nielson, 1994 and 1996; Nielson et al., 1994a and
1994b). Since this haplotype is primarily found in southern California
steelhead populations and it has not been found in any hatchery
populations of steelhead or domestic trout in California, the juvenile
O. mykiss population found in San Mateo Creek in 1999 appears to have
close genetic affinities with native southern California steelhead, and
is not the result of domestic trout planting.
In late May 2000, DFG conducted a follow up survey for steelhead in
the upper portion of San Mateo Creek just above the gauging station on
Camp Pendleton, including the lower reach of the tributary Devils
Canyon Creek. This survey was conducted in conjunction with biologists
from NMFS and the U.S. Fish and Wildlife Service (FWS). The limited
survey effort observed three adult (approximately 8-12 inches or 200-
300 mm in total length) O. mykiss in the mainstem pools and
approximately 15-20 juveniles (60-65 mm in total length) in Devils
Canyon Creek. DFG biologists speculate that the larger size class of O.
mykiss may be holdover fish from the steelhead population found in
1999, whereas the smaller juveniles may be the progeny of these
holdover fish.
Based on this new information, NMFS believes that reconsideration
of the geographic range and critical habitat for the Southern
California steelhead ESU is warranted.
Southern California Steelhead ESU Revision
To qualify for listing as a threatened or endangered species,
identified populations of steelhead must be considered a ``species''
under the ESA. The ESA defines ``species'' to include ``any subspecies
of fish or wildlife or plants, and any distinct population segment of
any species of vertebrate fish or wildlife which interbreeds when
mature.'' NMFS published a policy (56 FR 58612, November 20, 1991)
describing how the agency would apply the ESA definition of ``species''
to anadromous salmonid species. This policy provides that a salmonid
population will be considered distinct, and hence a species under the
ESA, if it represents an ESU of the biological species. A population
must satisfy two criteria to be considered an ESU: (1) It must be
reproductively isolated from other conspecific population units; and
(2) it must represent an important component in the evolutionary legacy
of the biological species. The first criterion, reproductive isolation,
need not be absolute, but must be strong enough to permit
evolutionarily important differences to accrue in different population
units. The second criterion is met if the population contributes
substantially to the ecological/genetic diversity of the species as a
whole. Guidance on the application of this policy is contained in
Waples (1991). The genetic, ecological, and life history
characteristics that NMFS assessed to identify the number and
geographic extent of steelhead ESUs on the west coast in accordance
with this policy, including the Southern California steelhead ESU, are
discussed in detail in Busby et al. (1996) and in the August 9, 1996,
proposed listing determination for west coast steelhead (61 FR 41541).
The Southern California steelhead ESU, as currently defined, is
described in previous Federal Register documents (61 FR 41541 and 62 FR
43937) based on data collected and analyzed by NMFS and summarized in
the 1996 west coast steelhead status review (Busby et al., 1996) and a
subsequent status review update (NMFS, 1997). As described in the
August 18, 1997, final listing determination (62 FR 43937), the
Southern California ESU consists of all naturally spawned populations
of steelhead (O. mykiss), and their progeny, which occupy rivers and
streams from the Santa Maria River in San Luis Obispo County,
California (inclusive) to the southern extent of the species' range
which was identified as Malibu Creek in Los Angeles County, California
(inclusive).
In the 1996 proposed listing determination for the Southern
California steelhead ESU (61 FR 41541), NMFS concluded that the current
range of the ESU extended to the southernmost extent of the species
range which was thought to be Malibu Creek in Los Angeles County.
However, NMFS also acknowledged that there were reports of steelhead in
some coastal streams as far south as the Santa Margarita River in San
Diego County (Hubbs, 1946; Barnhart, 1986; Higgins, 1991; McEwan and
Jackson, 1996; and Titus et al., in press), and, therefore, indicated
that the distribution and abundance of steelhead south of Malibu Creek
were unresolved issues regarding this ESU. NMFS received many comments
regarding this issue during the public comment period, with most
indicating that the southern boundary of the ESU should be extended
further south to either the historical range of the species, the U.S.-
Mexico border, or some other location. NMFS reviewed the available
references to steelhead occurring historically and more recently in
streams south of Malibu Creek and concluded in the 1997 final listing
determination for this ESU that there was insufficient information to
revise the southern boundary of this ESU south of Malibu Creek even
though some limited anecdotal information suggested steelhead may
occasionally occur as far south as the Santa Margarita River (62 FR
43937).
The recent information compiled by DFG (DFG, 2000) is limited, but
still suggests that adult steelhead entered San Mateo Creek and
successfully spawned in 1997. The juvenile progeny of those spawning
adults were observed by DFG during its field investigations in the
spring and summer of 1999. More recent information from May 2000
suggests that steelhead still occupy portions of San Mateo Creek and
may have successfully spawned again since 1997. The limited genetic
information suggests that the juvenile steelhead found in 1999 have
close genetic affinities to native southern California steelhead and
are not the result of domestic trout planting. Since there is no
evidence of a resident trout population or recent evidence of
[[Page 79330]]
steelhead presence in San Mateo Creek (DFG, 2000; Titus et al., in
press; Lang et al., 1998), it is likely that the adult steelhead which
successfully spawned in 1997 were strays from another watershed
elsewhere in the Southern California steelhead ESU. Based on a review
of this new information, NMFS now proposes that the San Mateo Creek
steelhead population be considered part of the Southern California
steelhead ESU.
The Malibu Creek and San Mateo Creek watersheds are separated by
approximately 100 miles (161.3 km). Therefore, inclusion of the San
Mateo Creek steelhead population in the Southern California ESU raises
the question of whether or not steelhead occur or are present in any
other watersheds located between Malibu Creek and San Mateo Creek.
Based on information reported by Titus et al. (in press), steelhead
were historically reported in several watersheds between Malibu Creek
and San Mateo Creek (i.e., Los Angeles River, San Gabriel River, Santa
Ana River, and San Juan Creek), but are now extinct as a result of
major habitat modification or habitat blockage associated with flood
control, urban development, and other factors. Given the existing
habitat conditions in these highly modified river systems, NMFS does
not believe they are currently suitable for steelhead utilization, and,
therefore, are highly unlikely to support steelhead absent major
restoration efforts.
Information regarding the current presence of steelhead in other
streams between Malibu Creek and San Mateo Creek is lacking with the
exception of a recent observation of fish in Topanga Creek which is
approximately 4 miles (6.5 km) south of Malibu Creek. Titus et al., (in
press) indicated that O. mykiss were observed in Topanga Creek in 1979
and in the early 1990s. In April 2000, an adult O. mykiss was reported
in Topanga Creek. A NMFS' biologist conducted a site visit and
confirmed the presence and identification of two O. mykiss ranging from
14-20 inches (359-573 mm) in total length. Both fish were observed in a
relatively deep pool (4 ft (1.2 meters (m)) deep) located about 1 mile
(1.7 km) upstream of the confluence with the ocean. Based on the
existing habitat conditions and the size of the fish, it is unlikely
that they spent their entire life cycle in Topanga Creek. Since there
is no evidence of any stocking of rainbow trout in Topanga Creek, it is
most likely that these fish originated from some other stream within
the ESU. The nearest streams known to support steelhead are Malibu
Creek and Arroyo Sequit, both of which are located only a few miles
north of Topanga Creek.
Although steelhead historically occurred further south than San
Mateo Creek, there is no evidence that they do so any longer and are
considered extinct throughout San Diego County by Titus et al., (in
press). As with most streams south of Malibu Creek, significant habitat
modification has occurred due to urbanization and other factors which
have blocked steelhead access to historical spawning and rearing
habitat and degraded the remaining habitat. Although there is no
information documenting the presence of steelhead south of San Mateo
Creek, suitable habitat for steelhead is thought to exist in San Onofre
Creek which is located on Camp Pendleton just south of San Mateo Creek
(Lang et al., 1998)
Status of Southern California Steelhead ESU
The Southern California steelhead ESU was listed as an endangered
species under the ESA in 1997 (62 FR 43937). The biological status of
this ESU was described in the final rule based on the results of NMFS'
west coast steelhead status review (Busby et al., 1996) and in an
updated status review (NMFS, 1997), which concluded that this ESU was
at a high risk of extinction.
Historically, steelhead naturally occurred south into Baja
California. Titus et al., (in press), as cited in the final listing
determination, concluded that all steelhead populations south of Malibu
Creek in Los Angeles County were extinct based on the available
information. Estimates of pre-1960s abundance for several rivers in
this ESU (i.e. Santa Ynez, Ventura, Santa Clara, Malibu Creek) suggest
that individual steelhead populations numbered in the thousands of
individuals. Published abundance estimates for the Ventura and Santa
Clara Rivers, for example, ranged from 4,000-6,000 and 7,000-9,000
fish, respectively. At the time of NMFS' final listing determination,
the total run size for several streams in the ESU (e.g., Santa Ynez,
Ventura River, Santa Clara River, Malibu Creek) was estimated to number
fewer than 200 individuals each (Titus et al., in press). Recent
information regarding steelhead abundance for the Santa Ynez, Ventura,
and Santa Clara Rivers suggests that the abundance estimates made at
the time of the final listing determination were probably high.
NMFS' primary concerns about this steelhead ESU at the time of its
listing in 1997, were the widespread and dramatic declines in abundance
relative to historical levels and the major reduction in the species
range. Given the extremely low abundance estimates and the associated
risk associated with demographic and genetic variability in small
populations, the long-term persistence of sustainability of this ESU in
the future was a critical concern. In addition, NMFS was concerned that
the restricted spatial distribution of the remaining populations placed
the ESU as a whole at risk because of reduced opportunities for re-
colonization of streams suffering local population extinctions. NMFS
concluded that the principal factors responsible for the decline of
steelhead populations within this ESU were water diversions and
extraction, habitat blockages and degradation, agricultural activities,
and urbanization. Little new information regarding the abundance of
steelhead in this ESU has been collected since NMFS' final listing
determination in 1997, with the exception of limited data collected as
a result of monitoring efforts in the Santa Ynez and Santa Clara
Rivers. These data are not comprehensive enough to estimate population
sizes, but they do indicate that these steelhead populations continue
to be very small.
As discussed earlier in this document, NMFS has concluded that the
San Mateo Creek steelhead population should be considered part of the
Southern California ESU based on the available information. Based on
the information compiled by DFG, the steelhead population found in San
Mateo Creek during 1999 appears to be very small and was likely
produced by a limited number of adults that strayed into the watershed
and spawned in 1997. Given the small number of steelhead found in San
Mateo Creek, the apparent extirpation of steelhead from virtually all
other streams between Malibu Creek and San Mateo Creek with the
exception of Topanga Creek, and the extremely low abundance estimates
for all other populations within the ESU, NMFS concludes that the
proposed redefined Southern California steelhead ESU continues to be at
a high risk of extinction.
Summary of Factors Affecting the Species
Section 4(a)(1) of the ESA and NMFS' implementing regulations (50
CFR part 424) set forth procedures for listing species. The Secretary
of Commerce (Secretary) must determine, through the regulatory process,
if a species is endangered or threatened based upon any one or a
combination of the following factors: (1) The present or threatened
destruction, modification, or curtailment of its habitat or range; (2)
overutilization for commercial,
[[Page 79331]]
recreational, scientific, or education purposes; (3) disease or
predation; (4) inadequacy of existing regulatory mechanisms; or (5)
other natural or human-made factors affecting its continued existence.
In conjunction with its proposed listing determination for west
coast steelhead ESUs in 1996, NMFS prepared a report summarizing the
factors leading to the decline of west coast steelhead, including the
Southern California steelhead ESU. This report was entitled: ``Factors
for Decline: A supplement to the notice of determination for west coast
steelhead'' (NMFS, 1996). This report concluded that all of the factors
identified in section 4(a)(1) of the ESA have played a role in the
decline of west coast steelhead ESUs. The report specifically
identified destruction and modification of habitat, overutilization for
recreational purposes, and natural and human-made factors as being the
primary causes for the decline of steelhead on the west coast.
NMFS (1996) identified several specific factors that contributed to
the decline of steelhead populations in the ESU as it was defined in
the proposed and final listing determinations, including: habitat
blockages, water diversion and extraction, urbanization, agriculture,
and recreational harvest. McEwan and Jackson, 1996; and Titus et
al.,(in press) also cited extensive loss of habitat due to water
development, impassible dams, and dewatering of portions of rivers as
the principal reasons for the decline of steelhead in this ESU. Habitat
problems resulting from water development include inadequate flows,
flow fluctuations, blockages (partial and full), and entrainment
(McEwan and Jackson, 1996). These factors for decline are discussed in
more detail in NMFS (1996), McEwan and Jackson (1996), and in NMFS'
1997 final listing determination (62 FR 43937). Although NMFS has been
working to address impacts to the Southern California steelhead ESU
through sections 7 and 10 of the ESA since it was listed in 1997, these
same factors continue to adversely affect the small steelhead
populations which persist in the watersheds ranging from the Santa
Maria River southward to Malibu Creek. Because NMFS has concluded that
the Southern California steelhead ESU range should be extended to San
Mateo Creek, the following discussion focuses only on those factors
affecting steelhead within the geographic range extending from Malibu
Creek southward to San Mateo Creek (inclusive).
1. The Present or Threatened Destruction, Modification, or Curtailment
of Steelhead Habitat or Range
With the exception of the recent steelhead observations in San
Mateo Creek and Topanga Creek, steelhead populations south of Malibu
Creek are thought to be extirpated due to habitat destruction or
blockages associated with urbanization and flood control (Titus et al.,
in press), although extensive monitoring has not been conducted to
assess their presence. For example, steelhead access and use of the Los
Angeles River is currently precluded by the presence of flood control
structures throughout much of its lower reach such as the concrete
lining of the river channel and the dam at the Sepulveda Flood Control
Basin. The lower reaches of the San Gabriel River are highly urbanized
with the channel modified for flood control, and the river is impounded
further upstream. The Santa Ana River is similarly modified for flood
control and flows largely consist of effluent from water treatment
plants except in the rainy season. Because of these limited flows and
restricted releases from Prado Dam, fish habitat is limited in the
lower Santa Ana River. San Juan Creek, a much smaller stream in
southern Orange County, is also channelized for flood control in its
lower reach (approximately 2-3 miles (3.2-4.8 km)) and other potential
barriers to upstream movement also exist.
San Mateo Creek was once an important production area for steelhead
in San Diego County (Nehlsen et al., 1991; DFG, 2000). As summarized in
Titus et al., (in press), steelhead appear to have been most abundant
in the San Mateo Creek watershed prior to 1950. After 1950, there are
many fewer observations of steelhead and none after the early 1980s
until juveniles were found there in 1999. For example, Woelfel (1991)
found no juvenile steelhead or rainbow trout in San Mateo Creek during
surveys in 1987-88. Similarly, Lang et al., (1998) failed to observe or
capture any steelhead during surveys in 1995, 1996, and 1997. The
steelhead population in San Mateo Creek was probably reduced by natural
episodes of sediment input from within the watershed. However,
increased groundwater extraction in the lower creek area since the mid-
1940s is also thought to be responsible, both directly and indirectly,
for the inability of steelhead to use the system as they historically
did (DFG, 2000; Titus et al., in press; Lang et al., 1998). Riparian
vegetation has been lost, stream channel width has increased, and
surficial flow has been reduced or eliminated during most of the year.
Accordingly, the migration corridor for immigrating adult and
emigrating juvenile steelhead has become very unreliable. Human-caused
fires farther upstream have also resulted in large sediment input that
has filled pools and contributed sediment to the lagoon at the river
mouth, both of which are important rearing habitat for juvenile
steelhead. Despite less than optimal conditions in the lower river
which are not always conducive to adult or juvenile passage, Lang et
al., (1998) and DFG (2000) have identified upstream spawning and
rearing habitat which can be used by steelhead when sufficient flows
allow adult passage.
2. Overutilization for Commercial, Recreational, Scientific, or
Education Purposes
NMFS' review of factors affecting west coast steelhead concluded
that harvest was a factor contributing to the decline of the Southern
California steelhead ESU (NMFS, 1996). According to McEwan and Jackson
(1996), steelhead in most streams in Santa Barbara, Ventura, and Los
Angeles Counties were until the early 1990s subject to the most liberal
angling regulations anywhere in the State of California. Most streams
in southern California were regulated by the general regulations of the
Southern Sport Fishing District (which includes Santa Barbara, Ventura,
Los Angeles, Orange, and San Diego counties) which allowed fishing
year-round with a five-fish daily bag limit. The only streams with
special protective regulations were the Ventura River and Malibu Creek.
Because steelhead populations in southern California had declined
to such critically low population levels by the early 1990s, the
California Fish and Game Commission adopted more restrictive angling
regulations for some streams (Santa Ynez River, Ventura River, Santa
Clara River, and Gaviota Creek) in 1994. These more stringent
regulations included: (1) a reduction in the fishing season from year
round to the Saturday before Memorial Day through December 31; (2) a
zero bag limit; and (3) a requirement that anglers use artificial lures
with barbless hooks. In 1996, these same regulations were adopted by
the Commission for the anadromous reaches of all coastal streams in
southern California. Within the coastal area extending south of Malibu
Creek to San Mateo Creek, these same regulations are now in effect for
the following streams: Topanga Creek, San Juan Creek, and San Mateo
Creek. Given the extremely low numbers of juvenile steelhead that were
found in
[[Page 79332]]
San Mateo Creek, and the possible sporadic occurrence of small numbers
of steelhead in other streams (e.g., Topanga Creek), recreational
angling may continue to be a risk to steelhead in at least some
portions of the redefined Southern California steelhead ESU.
3. Disease or Predation
Introductions of non-native species and habitat modifications have
resulted in increased predator populations in numerous west coast river
systems, thereby increasing the level of predation experienced by
steelhead and other salmonids (NMFS, 1996). Exotic fish species that
are potential predators of steelhead are known to occur in San Mateo
Creek and other watersheds (San Onofre Creek, Santa Margarita River) on
Camp Pendleton (Lang et al., 1998). According to Lang et al., (1998)
brown bullhead dominated the fish assemblage in San Mateo Creek, with
both adults and juveniles observed in perennial pools. Other species
observed in the San Mateo Creek watershed included, mosquito fish,
adult and juvenile green sunfish, bluegill and largemouth bass. One
Channel catfish, which is a known predator of steelhead, was found dead
in the upper San Mateo Creek in a portion of the Cleveland National
Forest (Lang et al., 1998). Brown trout have been stocked in San Mateo
Creek (last time in the mid 1980s), but they were not observed during
the most recent surveys (Lang et al., 1998).
Mosquito fish were introduced for mosquito abatement and are found
in most Camp Pendleton waters. This species has taken over the niche of
the native three-spined stickleback which is often an important prey
item for salmonids; thus it could possibly serve as a prey item for
steelhead in San Mateo Creek. Green sunfish dominated the San Mateo
Creek lagoon in the late 1980s and early 1990's according to Swift
(1994) and were the only fish found in perennial pools in the upper
watershed and Devil Canyon in the late 1980's, suggesting that they may
have displaced residual steelhead during the drought period (Woelfel,
1991). In other California streams (i.e., Malibu Creek and Carmel
River) green sunfish were found to prey on juvenile trout (Swift, 1975;
Greenwood, 1988; cited in Woelfel, 1991), and in San Clemente Reservoir
on the Carmel River, green sunfish outcompeted trout for benthic food
(Greenwood, 1988).
The control of exotic fish species in the San Mateo Creek
watershed, both on Camp Pendleton and in Cleveland National Forest, is
considered critical to restoring steelhead to that watershed (DFG,
2000; Lang et al., 1998). Lang et al., (1998) recommend implementation
of measures to contain exotic fish species in small lakes and ponds
where recreational fishing occurs, in conjunction with efforts to
control in-river propagation of exotics using Rotenone, electro-
shocking, seining, or other means in perennial pools during summer low
flows.
4. Inadequacy of Existing Regulatory Mechanisms
Virtually all of the San Mateo Creek watershed is located on
Federal land managed by the Cleveland National Forest or the Camp
Pendleton Marine Corps Base. San Mateo Creek originates in the
Cleveland National Forest and flows in a southwesterly direction
through Camp Pendleton to the Pacific Ocean just south of San Clemente,
California. Within the San Mateo Creek watershed, the majority of
spawning and rearing habitat is upstream from Camp Pendleton within the
Cleveland National Forest. That portion of San Mateo Creek on Camp
Pendleton is primarily migratory habitat for steelhead.
That portion of the San Mateo Creek watershed that is located on
Cleveland National Forest land has not been greatly altered by human
activity over the past 50 years (Woelfel, 1991). Forest lands in the
watershed have remained natural and undeveloped over this period
although there are a few private property in-holdings which have had
limited development. Woelfel (1991) reviewed water use on these private
in-holdings and concluded that stream flows in the watershed were not
significantly altered. According to Woelfel (1991), one of the main
activities of the Cleveland National Forest has been the protection of
vegetation and water resources in its various watersheds through the
prevention of forest fires. In part, this effort was intended to
protect and manage forest vegetation so that water resources were
retained and water quality remained high. In the San Mateo Creek
watershed this effort was not especially successful because of the
rugged and isolated conditions.
The lower portion of San Mateo Creek watershed which flows through
Camp Pendleton has been impacted by base activities (Woelfel, 1991).
Groundwater extraction to support base military training operations and
on-base agriculture has led to stream channel dewatering or reduced
channel flows, loss of riparian vegetation, and increased erosion.
Military training operations, including accidental fires caused by live
ammunition use, have likely contributed to erosion problems in the
watershed. The cumulative effect of groundwater extraction, reduction
or loss of riparian vegetation, stream channel morphology changes, and
accelerated erosion is that steelhead migration opportunities are
impacted. Based on the available information, it unlikely that existing
land and water management programs on Camp Pendleton provide sufficient
protection for steelhead or its habitat in the San Mateo Creek
watershed.
5. Other Natural or Human-Made Factors Affecting Continued Existence of
Steelhead
Natural climatic conditions have exacerbated the problems
associated with degraded and altered riverine and estuarine habitats.
Persistent drought conditions have reduced already limited spawning,
rearing and migration habitat. Climatic conditions appear to have
resulted in decreased ocean productivity which, during more productive
periods, may help offset degraded freshwater habitat conditions (NMFS,
1996).
Efforts Being Made to Protect Southern California Steelhead ESU
Section 4(b)(1)(A) of the ESA requires the Secretary of Commerce to
make listing determinations solely on the basis of the best scientific
and commercial data available after conducting a review of the status
of the species, including factors affecting the species, and after
taking into account efforts being made to protect the species.
Therefore, in making its listing determinations, NMFS first assesses
the status of the species and identifies factors that have lead to the
decline of the species. NMFS then assesses conservation measures to
determine if they ameliorate risks to the species.
As part of its west coast steelhead status review, NMFS reviewed an
array of protective efforts for west coast steelhead and other
salmonids, including the Southern California steelhead ESU, ranging in
scope from regional strategies to local watershed initiatives. NMFS has
summarized some of the major efforts in a document entitled ``Steelhead
Conservation Efforts: A Supplement to the Notice of Determination for
West Coast Steelhead under the Endangered Species Act'' (NMFS, 1996c).
In the coastal area extending from Malibu Creek southward to San
Mateo Creek, no steelhead-specific conservation efforts are currently
in place, although there have been recent assessments of habitat
distribution and restoration potential in the Camp Pendleton area (Lang
et al., 1998; and
[[Page 79333]]
DFG, 2000). Recently, however, the California voters passed a State-
wide proposition which provides $800,000 for the restoration of San
Mateo Creek and San Onofre Creek, both of which are located on Camp
Pendleton, to support native fish species including the unarmored
three-spined stickleback, arroyo chub, and steelhead. This restoration
program is expected to focus on addressing control of exotic plants,
control of exotic fish species which compete with and/or prey upon
steelhead and other native species, restoration of streambed pools,
channels and stream banks, and the reintroduction of native plants and
possibly native fish species. A wide range of agencies and private
organizations, including the Cleveland National Forest, Camp Pendleton
Marine Corps Base, FWS, DFG, Trout Unlimited, San Diego Trout, and the
Coastal Conservancy, are expected to participate in development of this
program. NMFS strongly encourages this effort and intends to
participate in its development and implementation.
In addition to this State funding directed at San Mateo Creek
restoration, the U.S. Congress appropriated $9.0 million in Fiscal Year
2000 for Pacific Coastal Salmon Recovery in California. A Memorandum of
Understanding has been signed between NMFS and the State of California
that will govern the expenditure of these funds, some of which may be
directed at habitat restoration and other related issues within the
range of the Southern California steelhead ESU.
Proposed Determination
Section 3 of the ESA defines the term ``endangered species'' as
``any species which is in danger of extinction throughout all or a
significant portion of its range.'' The term ``threatened species'' is
defined as ``any species which is likely to become an endangered
species within the foreseeable future throughout all or a significant
portion of its range.'' In its previous status reviews for west coast
salmon and steelhead, NMFS has identified a number of factors that
should be considered in evaluating the level of risk faced by an ESU,
including: (1) absolute numbers of fish and their spatial and temporal
distribution; (2) current abundance in relation to historical abundance
and current carrying capacity of the habitat; (3) trends in abundance;
(4) natural and human-influenced factors that cause variability in
survival and abundance; (5) possible threats to genetic integrity
(e.g., from strays or outplants from hatchery programs); and (6) recent
events (e.g., a drought or changes in harvest management) that have
predictable short-term consequences for abundance of the ESU. Section
4(b)(1) of the ESA requires that the listing determination be based
solely on the best scientific and commercial data available, after
conducting a review of the status of the species and after taking into
account those efforts, if any, being made to protect such species.
As a result of its 1996 coast-wide status review of steelhead, NMFS
concluded that the Southern California steelhead ESU constituted a
``species'' under the ESA (NMFS, 1996). Based on the information
available at that time, NMFS concluded that the current range of this
ESU extended from the Santa Maria River (inclusive) to, and including,
Malibu Creek (61 FR 41541; 62 FR 43937). The recent information
compiled by DFG (DFG, 2000) indicates that adult steelhead, which were
most likely strays from elsewhere in the Southern California steelhead
ESU, successfully spawned in San Mateo Creek during 1997 and
subsequently reared through at least 1998 and 1999. In addition,
steelhead have recently been observed in Topanga Creek which is located
just a few miles south of Malibu Creek. Based on a consideration of
this new information, including the existence of documented spawning
and rearing habitat in the San Mateo Creek watershed (Lang et al.,
1998; DFG, 2000), NMFS now proposes to redefine the Southern California
steelhead ESU to include any populations of steelhead (or their
progeny) that occur in watersheds southward of Malibu Creek to, and
including, San Mateo Creek.
Based on the best scientific information available in 1996, NMFS
concluded that the Southern California steelhead ESU, as it was defined
at that time (i.e., Santa Maria River to and including Malibu Creek),
was in danger of extinction (NMFS, 1996; 61 FR 41541). This conclusion
was based on the fact that steelhead had already been extirpated from
much of its historic range in southern California, the extremely low
abundance of extant steelhead populations, and the continued threats to
the species from widespread habitat degradation and loss, water
diversions and extraction, and other factors. As discussed previously
in this document, there is no new information indicating that steelhead
populations occurring in watersheds ranging from the Santa Maria River
to Malibu Creek have increased in abundance since NMFS' final listing
determination in 1997. In addition, steelhead are almost completely
extirpated from coastal watersheds south of Malibu Creek, with the
exception of their recent observations in San Mateo Creek and Topanga
Creek, and occur in only very low abundance in those streams. Based on
a consideration of this new information regarding steelhead presence
south of Malibu Creek, NMFS concludes that the redefined Southern
California steelhead ESU continues to be at a high risk of extinction.
Based on a review of the currently available information regarding
the status of steelhead populations in the proposed redefined Southern
California steelhead ESU (Santa Maria River to and including San Mateo
Creek), as well as a consideration of the various factors affecting
this steelhead ESU, NMFS proposes that the redefined ESU continues to
warrant listing as an endangered species under the ESA. Only anadromous
life forms (i.e., steelhead and their progeny) of O. mykiss within the
range of this proposed redefined ESU will be part of the listed
population.
As discussed previously in this document, the currently available
information indicates that steelhead or their progeny have only been
found in two watersheds, Topanga Creek and San Mateo Creek, located
south of Malibu Creek. Based on the currently available information,
NMFS believes that steelhead have been extirpated from virtually all
other streams and rivers between Malibu Creek and San Mateo Creek,
including the Los Angeles River, San Gabriel River, Santa Ana River,
and San Juan Creek, because viable habitat is extremely limited or no
longer exists. For these reasons, NMFS does not expect that steelhead
will occur in these watersheds in the future absent major restoration
efforts. Nevertheless, if steelhead or their progeny are found to occur
in any stream or river between Malibu Creek and San Mateo Creek, NMFS
will consider those fish to be part of the listed ESU, and, therefore,
protected under the ESA. Because steelhead in this ESU may potentially
stray to streams south of San Mateo Creek, NMFS will also consider
steelhead or their progeny that occur south of San Mateo Creek to be
part of the listed ESU unless there is evidence to indicate they are
resident forms or derived from hatchery rainbow trout populations. NMFS
will inform the public of the presence of southern California steelhead
south of the proposed redefined ESU's range via a Federal Register
document.
Prohibitions and Protective Measures
Section 9 of the ESA prohibits certain activities that directly or
indirectly
[[Page 79334]]
affect endangered species. These prohibitions apply to all individuals,
organizations, and agencies subject to U.S. jurisdiction. Section 9
prohibitions apply automatically to endangered species such as the
redefined Southern California steelhead ESU.
Sections 7(a)(2) and 7(a)(4) of the ESA require Federal agencies to
consult with NMFS to ensure that activities they authorize, fund, or
conduct are not likely to jeopardize the continued existence of a
listed species or a species proposed for listing, or adversely modify
critical habitat or proposed critical habitat. Federal agencies and
actions that may be affected by the revision of the Southern California
steelhead ESU and its critical habitat designation are the U.S. Forest
Service (USFS) and their management and regulatory activities in
Cleveland National Forest, the U.S. Marine Corps and its operation and
management of Camp Pendleton Marine Corps Base, and the Corps of
Engineers (COE) and its issuance of permits under the Clean Water Act.
Sections 10(a)(1)(A) and 10(a)(1)(B) of the ESA provide NMFS with
authority to grant exceptions to the ESA's ``take'' prohibitions.
Section 10(a)(1)(A) scientific research and enhancement permits may be
issued to entities (Federal and non-Federal) for scientific purposes or
to enhance the propagation or survival of a listed species. NMFS has
issued section 10(a)(1)(A) research/enhancement permits for listed
salmonids, including steelhead in the Southern California ESU, to
conduct activities such as trapping and tagging and other research and
monitoring activities.
Section 10(a)(1)(B) incidental take permits may be issued to non-
Federal entities conducting activities which may incidentally take
listed species so long as the taking is incidental to, and not the
purpose of, the carrying out of an otherwise lawful activity. The types
of activities potentially requiring a section 10(a)(1)(B) incidental
take permit include the operation and release of artificially
propagated fish by state or privately operated and funded hatcheries,
state regulated angling, academic research not receiving Federal
authorization or funding, road building, grazing, and diverting water
onto private lands.
NMFS Policies on Endangered and Threatened Fish and Wildlife
On July 1, 1994, NMFS and FWS published a policy in the Federal
Register (59 FR 34272) indicating that the agencies would, to the
maximum extent practicable at the time a species is listed, identify
those activities that will not be considered likely to result in
violations of section 9, as well as activities that will be considered
likely to result in violations. NMFS believes that, based on the best
available information, the following actions will not result in a
violation of section 9 with regard to steelhead in the redefined
Southern California ESU:
1. Possession of steelhead which are acquired lawfully by permit
issued by NMFS pursuant to section 10 of the ESA, or by the terms of an
incidental take statement pursuant to section 7 of the ESA.
2. Federally funded or approved projects that involve activities
such as military operations, agriculture, grazing, mining, road
construction, discharge of fill material, stream channelization or
diversion for which section 7 consultation has been completed, and when
activities are conducted in accordance with any terms and conditions
provided by NMFS in an incidental take statement accompanying a
biological opinion.
Activities that NMFS believes could potentially harm steelhead in
the redefined Southern California steelhead ESU, and, therefore, may
violate the section 9 take prohibitions of the ESA include, but are not
limited to:
1. Land-use activities that adversely affect steelhead habitat
(e.g., agriculture, water extraction, recreational activities, road
construction in riparian areas and areas susceptible to mass wasting
and surface erosion).
2. Destruction/alteration of steelhead habitat, such as removal of
woody debris or riparian shade canopy, dredging, discharge of fill
material, draining, ditching, diverting, blocking, or altering stream
channels or surface or ground water flow.
3. Discharges or dumping of toxic chemicals or other pollutants
(e.g., sewage, oil, gasoline) into waters or riparian areas supporting
steelhead.
4. Violation of discharge permits.
5. Pesticide applications.
6. Collecting or handling of steelhead. Permits to conduct these
activities are available for purposes of scientific research or to
enhance the propagation or survival of the species.
7. Introduction of non-native species likely to prey on steelhead
or displace them from their habitat.
These lists are not exhaustive. They are intended to provide some
examples of the types of activities that might or might not be
considered by NMFS as constituting a prohibited take of steelhead in
the Southern California steelhead ESU. Questions regarding whether
specific activities may constitute a violation of the section 9 take
prohibitions, and general inquiries regarding prohibitions and permits,
should be directed to NMFS (see ADDRESSES).
Critical Habitat
Section 4(a)(3)(A) of the ESA requires that, to the maximum extent
prudent and determinable, NMFS designate critical habitat concurrently
with a determination that a species is endangered or threatened. While
NMFS has completed its initial analysis and proposes that the San Mateo
Creek population of steelhead be part of the Southern California
steelhead ESU, and that the range of the ESU should, therefore, be
extended from Malibu Creek to San Mateo Creek, the agency has not
performed the full analysis necessary for determining whether the
existing critical habitat designation for this ESU should be modified
to include areas south of Malibu Creek. Prior to making any
determination regarding the modification of the existing critical
habitat designation, NMFS intends to complete an analysis of the
additional habitat, if any, which is necessary for the conservation and
recovery of this ESU. NMFS expects that a recovery team will be
established in the near future to develop recovery goals for this ESU,
and intends to rely on the team's analysis and recommendations in
making any determination to modify the existing critical habitat. In
conjunction with these efforts, NMFS also intends to work with Federal
land managers (Camp Pendleton Marine Corps Base and Cleveland National
Forest) to review and evaluate their existing land management and
habitat protection programs to determine the extent to which they
protect steelhead and its habitat in the San Mateo Creek watershed. It
is NMFS intent to complete its analysis and make a determination about
whether or not any habitat south of Malibu Creek should be incorporated
into the existing critical habitat designation within the next year.
Public Comments Solicited
NMFS has exercised its best professional judgement in developing
this proposal to redefine the Southern California steelhead ESU. To
ensure that the final action resulting from this proposal will be as
accurate and effective as possible, NMFS is soliciting comments and
suggestions from the public, other governmental agencies, the
scientific community, industry, and any other interested parties
regarding the proposal. NMFS is interested in any relevant information
concerning: (1) biological or other relevant data
[[Page 79335]]
concerning any threats to steelhead or its habitat in this redefined
ESU; (2) the range, distribution, and population size of steelhead in
this redefined ESU or in areas outside its southern boundary, including
habitat utilization; (3) current or planned activities in the redefined
ESU and their possible impact on steelhead or its habitat; and (4)
efforts being made to protect steelhead or its habitat in this
redefined ESU. Written comments on the proposal should be sent to NMFS
(see ADDRESSES and DATES).
Public Hearings
NMFS has not scheduled any public hearings on this proposal.
However, Joint Commerce-Interior ESA implementing regulations state
that the Secretary ``shall promptly hold at least one public hearing if
any person so requests within 45 days of publication of a proposed
regulation to list ... or to designate or revise critical habitat.''
(see 50 CFR 424.16(c)(3)). Requests for public hearings must be
received by February 2, 2001.
References
A complete list of all cited references is available upon request
(see ADDRESSES).
Classification
National Environmental Policy Act
The 1982 amendments to the ESA, in section 4(b)(1)(A), restrict the
information that may be considered when assessing species for listing.
Based on this limitation of criteria for a listing decision and the
opinion in Pacific Legal Foundation v. Andrus, 675 F. 2d 825 (6th Cir.
1981), NMFS has concluded that ESA listing actions are not subject to
the environmental assessment requirements of the National Environmental
Policy Act (NEPA). See NOAA Administrative Order 216-6.
Executive Order 12866 and Regulatory Flexibility Act
As noted in the Conference Report on the 1982 amendments to the
ESA, economic impacts cannot be considered when assessing the status of
species. Therefore, the economic analysis requirements of the
Regulatory Flexibility Act are not applicable to the listing process.
In addition this proposed rule is exempt from review under Executive
Order 12866.
Paperwork Reduction Act
This rule does not contain a collection-of-information requirement
for purposes of the Paperwork Reduction Act.
Executive Order 13132 - Federalism
In keeping with the intent of the Administration and Congress to
provide continuing and meaningful dialogue on issues of mutual State
and Federal interest, NMFS has conferred with state and local
government agencies in the course of assessing the status of this ESU,
and considered, among other things, state and local conservation
measures. State and local governments have expressed support for both
the conservation of this ESU and for those activities which affect it.
NMFS staff have had discussions with various government agency
representatives regarding the status of this ESU and have sought
working relationships with them in order to promote restoration and
conservation of this and other ESUs. As the process continues, NMFS
intends to continue engaging in informal and formal contacts with
affected State, regional, or local entities, giving careful
consideration to all written and oral comments received on the proposed
action. NMFS intends to consult, as needed, with appropriate elected
officials in the promulgation of a final rule.
List of Subjects in 50 CFR Part 224
Administrative practices, and procedure, Endangered and threatened
species, Exports, Imports, Reporting and record keeping requirements,
Transportation.
Dated: 11, 2000.
William T. Hogarth,
Deputy Assistant Administrator, National Marine Fisheries Service.
For the reasons set forth in the preamble, 50 CFR part 224 is
proposed to be amended as follows:
PART 224 -- ENDANGERED MARINE AND ANADROMOUS SPECIES
1. The authority citation for part 224 continues to read as
follows:
Authority: 16 U.S.C. 1531-1543; and 16 U.S.C. 1361 et seq.
2. In Sec. 224.101, paragraph (a) is revised to read as follows:
Sec. 224.101 Enumeration of endangered marine and anadromous species.
(a) Marine and anadromous fish.The following table lists the common
and scientific names of endangered species, the locations where they
are listed, and the citations for the listings and critical habitat
designations.
Common and Scientific Names
----------------------------------------------------------------------------------------------------------------
Species\1\
-------------------------------------------------- Where listed When listed Critical habitat
Common name Scientific name
----------------------------------------------------------------------------------------------------------------
Shortnose sturgeon Acipenser U.S.A., 32 FR 4001, Mar. NA
brevirosrtum northwestern 11, 1967.
Atlantic, in river
systems from the
Saint John River
in New Brunswick,
Canada, to the St.
Johns River,
Florida.
Southern California steelhead Oncorhynchus U.S.A., CA, 62 FR 43937, Aug. 64 FR 5740, Feb. 5,
mykiss including all 18, 1997. 1999
naturally spawned
populations of
steelhead (and
their progeny) in
streams from the
Santa Maria River,
San Luis Obispo
County, California
(inclusive) to San
Mateo Creek, San
Diego County,
California
(inclusive).
Upper Columbia River steelhead Oncorhynchus U.S.A., WA, 62 FR 43937, Aug. 64 FR 5740, Feb. 5,
mykiss including the 18, 1997. 1999
Wells Hatchery
stock and all
naturally spawned
populations of
steelhead (and
their progeny) in
streams in the
Columbia River
Basin upstream
from the Yakima
River, Washington,
to the U.S.-
Canada Border.
Snake River sockeye salmon Oncorhynchus U.S.A., ID, Snake 56 FR 58619, Nov. 58 FR 68543, Dec.
nerka River. 20, 1991. 28, 1993
[[Page 79336]]
Upper Columbia River spring-run Oncorhynchus U.S.A., WA, 64 FR 14308, Mar. 65 FR 7764, Feb.
chinook salmon tshawytscha including all 24, 1999. 16, 2000
naturally spawned
populations of
chinook salmon in
Columbia River
tributaries
upstream of the
Rock Island Dam
and downstream of
Chief Joseph Dam
in Washington
(excluding the
Okanogan River),
the Columbia River
from a straight
line connecting
the west end of
the Clatsop jetty
(south jetty,
Oregon side) and
the west end of
the Peacock jetty
(north jetty,
Washington side)
upstream to Chief
Joseph Dam in
Washington, and
the Chiwawa River
(spring run),
Methow River
(spring run),
Twisp River
(spring run),
Chewuch River
(spring run),
White River
(spring run), and
Nason Creek
(spring run)
hatchery stocks
(and their
progeny).
Sacramento River winter-run Oncorhynchus U.S.A., CA, 59 FR 13836, Mar. 58 FR 33212, Jun.
chinook salmon tshawytscha Sacramento River. 23, 1994. 16, 1993
Salmon, Atlantic Salmo Salar U.S.A., ME Gulf of ................. NA
Maine Atlantic
Salmon Distinct
Population
Segment, which
includes all
naturally
reproducing wild
populations and
those river-
specific hatchery
populations of
Atlantic salmon
having historical,
river-specific
characteristics
found north of and
including
tributaries of the
lower Kennebec
River to, but not
including, the
mouth of the St.
Croix River at the
U.S.-Canada
border. To date,
the Services have
determined that
these populations
are found in the
Dennys, East
Machias, Machias,
Pleasant,
Narraguagus,
Sheepscot, and
Ducktrap Rivers
and in Cove Brook,
Maine..
Totoaba Cynoscion Mexico, Gulf of CA. 44 FR 29480, May NA
macdonaldi 21, 1979.
----------------------------------------------------------------------------------------------------------------
\1\Species includes taxonomic species, subspecies, distinct population segments (or DPSs, as defined in 61 FR
4722, February 7, 1996), and evolutionarily significant units (or ESUs, as defined in 56 FR 58612, November
20, 1991)
[FR Doc. 00-32167 Filed 12-18-00; 8:45 am]
BILLING CODE 3510-22-S