Proposed Rule2025-12998
Endangered and Threatened Wildlife; 90-Day Finding on a Petition To Revise the Critical Habitat Designation for Southern California Steelhead
Primary source
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Published
July 11, 2025
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
We, NMFS, announce a 90-day finding on a petition to revise the critical habitat designation for the Southern California steelhead (Oncorhynchus mykiss) distinct population segment (DPS) under the Endangered Species Act (ESA). The petition requests that we revise the designated critical habitat to remove an approximately 9-mile (15- kilometer) stream reach from the confluence of the Santa Clara River and Hopper Creek upstream to the face of Santa Felicia Dam on Piru Creek. We find that the petition presents substantial scientific information indicating that the petitioned action may be warranted. We are hereby initiating a review of the currently designated critical habitat to determine whether the requested revision is warranted. To ensure a comprehensive review, we are soliciting scientific and commercial information pertaining to this action.
Full Text
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<title>Federal Register, Volume 90 Issue 131 (Friday, July 11, 2025)</title>
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[Federal Register Volume 90, Number 131 (Friday, July 11, 2025)]
[Proposed Rules]
[Pages 30833-30835]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12998]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 226
[Docket No. 250707-0119; RTID 0648-XE896]
Endangered and Threatened Wildlife; 90-Day Finding on a Petition
To Revise the Critical Habitat Designation for Southern California
Steelhead
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Department of Commerce.
ACTION: 90-Day petition finding; request for information.
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SUMMARY: We, NMFS, announce a 90-day finding on a petition to revise
the critical habitat designation for the Southern California steelhead
(Oncorhynchus mykiss) distinct population segment (DPS) under the
Endangered Species Act (ESA). The petition requests that we revise the
designated critical habitat to remove an approximately 9-mile (15-
kilometer) stream reach from the confluence of the Santa Clara River
and Hopper Creek upstream to the face of Santa Felicia Dam on Piru
Creek. We find that the petition presents substantial scientific
information indicating that the petitioned action may be warranted. We
are hereby initiating a review of the currently designated critical
habitat to determine whether the requested revision is warranted. To
ensure a comprehensive review, we are soliciting scientific and
commercial information pertaining to this action.
DATES: Scientific and commercial data pertinent to the petitioned
action must be received by September 9, 2025.
ADDRESSES: You may submit comments, information, or data on this
document identified by docket number, NOAA-NMFS-2025-0050, using any of
the following methods:
<bullet> Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Visit <a href="https://www.regulations.gov">https://www.regulations.gov</a> and type NOAA-NMFS-2025-0050 in the Search box.
Click on the ``Comment'' icon, complete the required fields, and enter
or attach your comments.
<bullet> Mail or Hand-Delivery: NMFS, West Coast Region, Protected
Resource Division, Re: NOAA-NMFS-2025-0050, 1201 NE Lloyd Blvd., Suite
#1100, Portland, OR 97232.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing at
<a href="https://www.regulations.gov">https://www.regulations.gov</a> without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
Electronic copies of the petition and related materials are
available from the NMFS website at <a href="https://www.fisheries.noaa.gov/endangered-species-conservation/candidate-species-under-endangered-species-act">https://www.fisheries.noaa.gov/endangered-species-conservation/candidate-species-under-endangered-species-act</a>.
FOR FURTHER INFORMATION CONTACT: Robert Markle, NMFS West Coast Region,
<a href="/cdn-cgi/l/email-protection#50223f323522247e3d31223b3c35103e3f31317e373f26"><span class="__cf_email__" data-cfemail="1e6c717c7b6c6a30737f6c75727b5e70717f7f30797168">[email protected]</span></a> or 503-230-5419.
SUPPLEMENTARY INFORMATION:
Background
The Southern California steelhead was listed as an endangered
species under the ESA in 1997 (62 FR 43937, August 18, 1997), and the
listing was reaffirmed in 2006 (71 FR 834, January 5, 2006). The
geographic range of this listed distinct population segment (DPS) of
steelhead was extended in 2002 (67 FR 21586, May 1, 2002). The listed
DPS is comprised of naturally spawned anadromous O. mykiss (steelhead)
originating below natural and manmade impassable barriers from the
Santa Maria River to the United States-Mexico border (50 CFR 224.101).
Critical habitat for the Southern California DPS of steelhead was
designated in 2005 (70 FR 52488, September 2, 2005).
On March 21, 2025, the Secretary of Commerce and the Under
Secretary/NOAA Administrator received a petition from the United Water
Conservation District (hereafter, the Petitioner) to remove an
approximately 9-mile (15-kilometer) stream reach currently designated
as critical habitat for Southern California steelhead. This reach
includes all currently designated critical habitat in the Santa Clara
River basin upstream of the confluence of Hopper Creek.
The ESA of 1973, as amended (16 U.S.C. 1531 et seq.) defines
critical habitat as: (i) The specific areas within the geographical
area currently occupied by the species, at the time it is listed . . .
, on which are found those physical or biological features (I)
essential to the conservation of the species and (II) which may require
special management considerations or protection; and (ii) specific
areas outside the geographical area occupied by the species at the time
it is listed . . . , upon a determination by the Secretary that such
areas are essential for the conservation of the species (16 U.S.C.
1532(5)(A)). Joint NMFS-Fish and Wildlife Service (FWS) regulations for
designating critical habitat state that the agencies will identify
physical and biological features essential to the conservation of the
species at an appropriate level of specificity using the best available
scientific data (50 CFR 424.12(b)(1)(ii)), and that prior to finalizing
a designation of critical habitat we will take into consideration the
probable economic, national security, and other relevant impacts of the
designation upon proposed or ongoing activities (50 CFR 424.19). An
[[Page 30834]]
essential physical and biological feature may be a single habitat
characteristic or a more complex combination of characteristics, may
include characteristics that support ephemeral or dynamic habitat
conditions, and may also be expressed in terms relating to principles
of conservation biology, such as patch size, distribution distances,
and connectivity (50 CFR 424.02). ``Special management considerations
or protection'' means any method or procedure useful in protecting
physical and biological features essential to the conservation of the
species (50 CFR 424.02).
Section 4(b)(2) of the ESA requires NMFS to designate, and make
revisions to, critical habitat for listed species based on the best
scientific data available and after taking into consideration the
economic impact, the impact on national security, and any other
relevant impact, of specifying any particular area as critical habitat
(16 U.S.C. 1533(b)(2); see also 50 CFR 424.19). The Secretary of
Commerce may exclude any particular area from critical habitat if he
determines that the benefits of such exclusion outweigh the benefits of
specifying such area as part of the critical habitat, unless he
determines, based on the best scientific and commercial data available,
that the failure to designate such area as critical habitat will result
in the extinction of the species concerned.
Section 4(b)(3)(D)(i) of the ESA requires, to the maximum extent
practicable, that within 90 days of receipt of a petition to revise a
critical habitat designation, the Secretary of Commerce make a finding
on whether that petition presents substantial scientific information
indicating that the petitioned revision may be warranted, and to
promptly publish such finding in the Federal Register (16 U.S.C.
1533(b)(3)(D)(i)). The ESA implementing regulations issued jointly by
NMFS and FWS state that ``substantial scientific information'' refers
to credible scientific information that would lead a reasonable person
conducting an impartial scientific review to conclude that the revision
proposed in the petition may be warranted (50 CFR 424.14(i)(1)(i)). The
Secretary's determination as to whether the petition provides
substantial scientific information indicating that the petitioned
action may be warranted will depend in part on the degree to which a
petition for removal of an area from currently designated critical
habitat includes the following types of information: (1) a description
and map(s) of the areas that the current designation includes that
should no longer be included, and a description of the benefits of
designating or not designating these specific areas of critical
habitat; (2) a description of physical or biological features essential
for the conservation of the species and whether they may require
special management considerations or protections; (3) information
indicating that the specific areas do not contain the physical or
biological features (including characteristics that support ephemeral
or dynamic habitat conditions) that are essential to the conservation
of the species, or that these features do not require special
management considerations or protection, for any areas petitioned for
removal from currently designated critical habitat within the
geographical area occupied by the species at the time it was listed;
(4) information indicating why the petitioned areas are not essential
for the conservation of the species for areas petitioned to be removed
from critical habitat that were outside the geographical area occupied
by the species at the time it was listed; and (5) a complete, balanced
representation of the relevant facts, including information that may
contradict claims in the petition. (50 CFR 424.14(e)(1)-(2), and (4)-
(6)).
At the 90-day stage, we evaluate the Petitioner's request based
upon the information in the petition, including its references, and
information readily available in our files. We do not conduct
additional research, and we do not solicit information from parties
outside the agency to help us evaluate the petition. We will accept the
Petitioner's sources and characterizations of the information
presented, if they appear to be based on accepted scientific
principles, unless we have specific information in our files that
indicates the petition's information is incorrect, unreliable,
obsolete, or otherwise irrelevant to the requested action. Information
that is susceptible to more than one interpretation or that is
contradicted by other available information will not be dismissed at
the 90-day finding stage, so long as it is reliable and a reasonable
person would conclude that it supports the Petitioner's assertions. If
we find that a petition presents substantial information indicating
that the revision may be warranted (i.e., a ``positive 90-day
finding''), within 12 months after receiving the petition, we are
required to determine how we intend to proceed with the requested
critical habitat revision and promptly publish notice of such intention
in the Federal Register (16 U.S.C. 1533(b)(3)(D)(ii)). Because the
determination at the 12-month stage is based on a more thorough review
of the available information, as compared to the narrow scope at the
90-day stage, a ``positive 90-day finding'' does not prejudge the
outcome of our review.
Current Critical Habitat Designation
In 2005, a total of 708 stream miles (1,139 kilometers) of critical
habitat were designated for Southern California steelhead, including
the stream reach at issue in the petition (70 FR 52488, September 2,
2005). The physical and biological features essential to the
conservation of this DPS, grouped by specific areas of use, included:
(1) freshwater spawning sites with sufficient water quantity and
quality and adequate substrate to support spawning, incubation, and
larval development; (2) freshwater rearing sites with sufficient water
quantity and floodplain connectivity to form and maintain physical
habitat conditions and allow salmonid development and mobility;
sufficient water quality to support growth and development; food and
nutrient resources such as terrestrial and aquatic invertebrates and
forage fish; and natural cover (e.g., shade, submerged, and overhanging
large wood, log jams, beaver dams, aquatic vegetation, large rocks and
boulders, side channels, and undercut banks); (3) freshwater migration
corridors free of obstruction and excessive predation with adequate
water quantity to allow for juvenile and adult mobility; cover,
shelter, and holding areas for juveniles and adults; and adequate water
quality to allow for survival; (4) estuarine areas that provide
uncontaminated water and substrates; food and nutrient sources to
support growth and development; and connected shallow water areas and
wetlands to cover and shelter juveniles; and (5) marine areas with
sufficient water quality to support salmonid growth, development, and
mobility; food and nutrient resources such as marine invertebrates and
forage fish; and nearshore marine habitats with adequate depth, cover,
and marine vegetation to provide cover and shelter (NMFS 2005a).
To evaluate the conservation value of habitat areas, each
California Water Service (CALWATER) Hydrologic Subarea (HSA) within the
occupied range of the DPS was assessed. The subject stream reach occurs
in HSA 440341. The 2005 Critical Habitat Analytical Review Team
(CHART), comprised of NMFS fishery biologists and habitat specialists,
rated HSA 440341 as having a ``high'' conservation value and identified
16 miles (26
[[Page 30835]]
kilometers) of occupied spawning, rearing, and migration habitat (NMFS
2005a). Large water storage dams were identified as the primary
management activity affecting the essential physical and biological
features of Southern California steelhead habitat.
Analysis of Petition
The Petitioner states that the best available scientific
information demonstrates that lower Piru Creek was not occupied at the
time of listing and is not currently occupied by the listed steelhead,
that NMFS erred in its evaluation of the physical and biological
features of HSA 440341, and that NMFS' assessment of the economic
impacts associated with the designation was flawed.
The expert opinion of the CHART was that the stream reaches that
were ultimately designated were occupied by naturally spawned steelhead
(anadromous O. mykiss) at the time of listing. The CHART identified 16
miles (26 kilometers) of occupied habitat within HSA 440341, including
the subject stream reach. The Petitioner's perspective is that no
reliable information exists to definitively establish that the subject
stream reach was ever occupied by a native steelhead population, let
alone at the time of listing or since that time. Historically, any
steelhead noted in the system are attributed to hatchery releases of
fish from outside of the DPS. Regarding presence since dam construction
in 1955, the petition states ``no anadromous Steelhead have been
documented in Lower Piru creek below the dam.'' In 2004, surveys
conducted in lower Piru Creek during dam relicensing observed no
steelhead. The Petitioner attributes observations of juvenile trout in
lower Piru Creek between 2005 and 2016 as consisting of resident (non-
anadromous) O. mykiss (i.e., rainbow trout) that were washed downstream
from Lake Piru. Surveys of lower Piru Creek from 2017-2024 observed no
trout, anadromous or resident.
As stated above, the CHART identified the habitat in HSA 440341 as
having a ``high'' conservation value and indicated all 16 miles (26
kilometers) of occupied habitat provided the physical or biological
features required for steelhead spawning, rearing, and migration. The
Petitioner states that the habitat value of the subject reach is poor
and should not have been assessed as having ``high'' conservation
value. The Petitioner indicates that habitat in the subject reach is
unsuitable for spawning and rearing, and does not serve as a viable
migration route. The Petitioner supports this perspective by noting
that the substrate in the subject stream reach is of poor quality for
successful spawning, that flows and other habitat elements (e.g., water
temperature, instream cover, pools) are inadequate to support rearing,
and that access by adult steelhead to more suitable habitat is
precluded by Santa Felicia Dam, which is currently a complete upstream
passage barrier.
NMFS' assessment of economic impacts under ESA section 4(b)(2)
indicated that the annualized cost of designating HSA 440341 was
$322,647. Under step one of the assessment process articulated in the
final economic impact report supporting the 2005 critical habitat
designation (NMFS 2005b), that estimate exceeded the identified
threshold value for eligibility for exclusion. This outcome meant that
the area was eligible for exclusion because doing so would offer a
meaningful cost savings. However, under step two, the CHART concluded
that exclusion would impede the overall conservation of the species
thus the area was included in the final critical habitat designation.
The Petitioner criticizes NMFS for not providing further explanation of
that conclusion. Furthermore, the Petitioner asserts that NMFS
underestimated the economic impacts associated with designation. The
Petitioner states that the true economic impact of the designation to
the United Water Conservation District alone since 2005 was nearly
$74.6 million, which it attributes to associated operational changes
and compliance costs (or approximately $3.7 million annually, a value
that is greater than what the CHART estimated).
Consequently, the Petitioner's opinion is that due to the absence
of steelhead presence, the lack of suitable spawning, rearing, and
migration habitat, and the extent of actual economic impact, NMFS
should have not designated the subject stream reach as critical habitat
for Southern California steelhead.
Petition Finding
Based on the information presented and referenced in the petition,
as well as all other information readily available in our files, and
pursuant to the criteria specific in 50 CFR 424.14(c) and (e), we find
the information presented by the Petitioner regarding steelhead
presence and the quantity and quality of existing habitat in the
subject stream reach, as well as regarding the economic impact of
designation, indicate that revision of critical habitat may be
warranted.
Information Solicited
To ensure that our review of Southern California steelhead critical
habitat is complete and based on the best available scientific
information, and allows us to take into consideration the economic
impact, any impact to national security, and any other relevant impact,
we are soliciting relevant information with respect to the subject
stream reach (i.e., Santa Clara River upstream of the Hopper Creek
confluence to the face of Santa Felicia Dam on Piru Creek) from the
public, government agencies, Tribes, the scientific community,
industry, environmental entities, and any other interested parties
concerning: (1) steelhead presence (or absence), both historically and
from the time of listing in 1997 to the present; (2) the existing
physical and biological features present (or absent) that are essential
to the conservation of Southern California steelhead; (3) information
regarding potential benefits or impacts associated with the petitioned
revision to the current critical habitat designation, including
information on the types of Federal actions that may affect the area's
physical and biological features; and (4) current or planned activities
and costs of potential modifications of those activities due to the
existing critical habitat designation.
We request that all data and information be accompanied by
supporting documentation such as maps, bibliographic references, or
reprints of pertinent publications. All relevant comments will be made
publicly available at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
References Cited
The complete citations for the references used in this document can
be obtained by contacting NMFS (see ADDRESSES and FOR FURTHER
INFORMATION CONTACT).
Authority
The authority for this action is the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et seq.). This finding is issued in
accordance with 16 U.S.C. 1533(b)(3)(D)(i).
Dated: July 7, 2025.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2025-12998 Filed 7-10-25; 8:45 am]
BILLING CODE 3510-22-P
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