Bull Trout Critical Habitat Proposed Under Court Order

WASHINGTON, DC, June 25, 2004 (ENS) - The U.S. Fish and Wildlife Service has been forced to propose critical habitat for bull trout in four states as the result of a court settlement with two conservation groups. Bull trout, Salvelinus confluentus, was listed as a threatened species under the Endangered Species Act in 1999. The Service's action is in response to a lawsuit filed by the Alliance for the Wild Rockies and Friends of the Wild Swan.

Bull trout in Montana (Photo courtesy USFS)

While making these proposals, the Service emphasizes that it is doing so only under court order and does not support the designation of critical habitat. "In 30 years of implementing the Endangered Species Act, the Service has found that the designation of critical habitat provides little additional protection to most listed species, while preventing the Service from using scarce conservation resources for activities with greater conservation benefits."

Critical habitat is proposed for:

1. the Saint Mary River/Belly River population that encompasses 88 miles of streams and 6,295 acres of lakes in the Saint Mary River and Belly River drainages in northwest Montana.

   Roughly half of the Saint Mary River drainage and the entire headwaters of the Belly River watershed are in Glacier National Park. Both streams flow northward into Alberta, Canada where they join the South Saskatchewan River system and eventually flow to Hudson Bay.

   The eastern, downstream, reaches of the Saint Mary River watershed lie entirely within the boundaries of the Blackfeet Indian Reservation.

2. the Coastal-Puget Sound population of bull trout that takes in 2,290 miles of streams, 52,540 acres of lakes and 985 miles of shoreline in western Washington.

   The Coastal-Puget Sound population is located west of the Cascade mountains. It includes bull trout in all watersheds within the Puget Sound basin and the marine near-shore areas of Puget Sound and all watersheds within the Olympic Peninsula and the near-shore marine waters of the Pacific Ocean, Strait of Juan de Fuca and Hood Canal.

   The proposal excludes properties where special management for bull trout already exists, such as an approved Habitat Conservation Plan (HCP), designated private lands under state regulations based on the Washington Forest and Fish Report (FFR), Integrated Natural Resource Management Plan (INRMP), or other natural resource plan.

   Today's proposal of critical habitat for the bull trout exempts lands covered by the Washington Department of Natural Resources, City of Seattle Cedar River Watershed, Tacoma Water, and Simpson Timber Company HCPs; private timber lands covered under the FFR-based regulations; the Jim Creek Naval Antenna Station near Arlington, Washington covered under an INRMP; and the Quinault Indian Reservation covered under an approved Forest Management Plan.

   "We appreciate the initiative of the agencies and tribes that have worked cooperatively with us to protect bull trout," said Ken Berg, manager of the Service's Western Washington Fish and Wildlife Office. "We will continue, between now and the final critical habitat designation, to work with any interested parties to develop special management plans."

3. the Jarbidge River populations of bull trout that includes 131 miles of streams in Idaho and Nevada.

   The Jarbidge River population includes six local populations of bull trout in the Jarbidge River and its tributaries: the East Fork Jarbidge River, including the East Fork headwaters, Cougar Creek, and Fall Creek; West Fork Jarbidge River, including Sawmill Creek; Dave Creek; Jack Creek; Pine Creek; and Slide Creek. These populations are considered to be quite low and at risk of disappearing, the Service said.

4. the Columbia River population of bull trout that encompasses 18,175 miles of rivers and streams and 498,782 acres of lakes and reservoirs in Oregon, Washington, Idaho and Montana. Proposed in November 2001, this habitat designation will be finalized in September.

5. the Klamath River Basin population of bull trout that includes 396 miles of streams and 33,939 acres of lakes and marshes in Oregon. Proposed in November 2001, this habitat designation will be finalized in September.

Bull trout pair. Logging, roadbuilding, mining and overharvest threaten this species. (Photo courtesy Sierra Club)

To forestall objections from landowners, the Service points out that, "The designation of critical habitat does not affect land ownership or establish a refuge, wilderness, reserve, preserve, or other conservation area. It does not allow government or public access to private lands."

In January 2002, the Service and the Alliance for the Wild Rockies and Friends of the Wild Swan reached a court settlement establishing a schedule for the proposal of critical habitat for bull trout.

The two environmental groups sued the Service for not designating critical habitat after listing bull trout in 1999 as threatened throughout its range in the lower 48 states. At the time, the Service says it was "unable to complete critical habitat determinations because of budget constraints."

The public will have until August 25 to comment on the proposal. Two public information meetings and two public hearings will occur in July and August. Comments may be submitted on Bull Trout Website at: http://species.fws.gov/bulltrout

An economic analysis of the critical habitat proposal will be prepared and made available for public comment before a final decision is made. The Service may exclude areas from the final designation if the benefit of exclusion outweighs the benefit of inclusion.

Meanwhile, another trout conservation lawsuit is brewing, this one on behalf of coastal cutthroat trout in Washington.

The nonprofit public interest law firm Earthjustice, representing four conservation groups, on Wednesday filed a formal 60 day notice of intent to sue the Fish and Wildlife Service for illegally denying protection for Columbia River and southwestern Washington populations of the coastal cutthroat trout under the Endangered Species Act.

The notice was filed by the Center for Biological Diversity, Oregon Natural Resources Council, Pacific Rivers Council, and WaterWatch.

“The coastal cutthroat trout is near extinction in the Columbia River,” states Noah Greenwald, conservation biologist with the Center for Biological Diversity. “Coastal cutthroat need the safety net provided by the Endangered Species Act to survive.”

Based on a status review produced by the National Marine Fisheries Service, the Clinton administration proposed to list coastal cutthroat trout in the Columbia River and southwestern Washington as threatened April 5, 1999, but did not finalize protection before leaving office.

Coastal cutthroat trout (Photo courtesy FWS)

Coastal cutthroat have evolved a unique strategy for survival, with some fish spending their entire lives in small tributary streams, while others become anadromous, migrating to the ocean and returning to spawn, as salmon do.

The greatest concern is for ocean-migrating populations, whose migratory corridors are severely threatened by habitat loss caused by logging, grazing, hydropower, and other land and water use.

“The coastal cutthroat trout is one among many fish and other species now threatened by unwise development of land and water in the West,” said Dr. Chris Frissell, aquatic ecologist with the Pacific Rivers Council. “Protection of the coastal cutthroat trout and restoration of their natural habitat should benefit many species, helping to save the web of life in fresh waters of the Columbia River and beyond.”

Coastal cutthroat trout were once abundant across the Pacific Northwest. Their name comes from the brilliant slash of orange or red that usually marks their lower jaw line. Resident cutthroat living in streams may only be a few inches long as adults, while sea-run cutthroats may reach a length of 20 inches or more.

“Generations of Oregonians grew up fishing for coastal cutthroat trout in rivers like the Sandy and the Hood,” said John DeVoe, executive director of WaterWatch of Oregon. “We need to protect these fish from extinction, and restore them, so that they can remain a vital part of Oregon’s natural heritage.”