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Federal Register / Vol. 86, No. 1 / Monday, January 4, 2021 / Rules and Regulations
Opportunities published in the Federal Register on June 3, 1996 61 FR 27978, the Service will support management practices that are consistent with recovery objectives and compatible with existing recreational fisheries.
Management of recreational fishing opportunities undertaken by the State, or its designated agent, on Utah Lake and its tributaries require regular monitoring of sport fish populations.
Methods that may be used to monitor sport fish populations include trammel netting, spotlighting, trawling, minnow trapping, trap netting, gill-netting, electrofishing, and seining. Use of these methods may inadvertently result in the capture, and incidental take, of individual June Sucker. Any activities associated with recreational fisheries management that are likely to significantly or repeatedly impact June suckers, such as those in spawning habitat during the season of use, those in the rearing habitat any time of year, or those that use methods not targeted to count or capture recreational sport fish only, must be approved by the Service in writing by letter or email and conducted in coordination with any existing recovery program in order to minimize effects on the population.
Research This 4d rule defines June sucker research allowed to cause take as any activity undertaken for the purposes of increasing our understanding of June sucker biology, ecology, or recovery needs under the auspices of UDWR, a recognized academic institution, or a qualified scientific contractor and approved by the Service in writing, in coordination with any existing designated recovery program, as a necessary and productive study for June sucker recovery. Additional research is needed on June sucker biology, ecology, habitat needs, predators, and response to threats in order to improve the species status and provide recommendations for population management, habitat improvement, and threat reduction. Research may involve capture of June suckers using methods described above, or a variety of other activities to study water quality, nonnative fishes, lake and riverine ecosystems, tributary flows, habitat, or other factors affecting June suckers that may impact individual fish inadvertently. In some cases, lethal sampling of June suckers for research purposes may be necessary and appropriate.
Education and Outreach This 4d rule defines June sucker educational and outreach actions
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allowed to cause take as any activity undertaken for the purposes of increasing public awareness of June sucker biology, ecology, or recovery needs and their positive effects on Utah Lake and its tributaries e.g., a June sucker rearing-and-release program for high school students or a live June sucker display at an outreach event.
These activities must be approved by the Service in writing by letter or email, in coordination with any existing designated recovery program e.g., JSRIP, as activities likely to benefit June sucker conservation through increased public awareness and engagement, which support June sucker recovery.
Education and outreach are a vital part of June sucker recovery progress.
Public awareness of June sucker biology and ecology helps foster support for the recovery programs activities in and around Utah Lake. Increasing the prevailing understanding of how recovery activities for June suckers improve the health, function, beauty, and quality of Utah Lake for sport fishers, recreationists, and the surrounding community will strengthen support for continued conservation of the fish. It will also serve to counteract common and incorrect narratives that the protection of the June sucker is responsible for preventing positive activities and development in and around Utah Lake. This is particularly important during the upcoming PRDRP
construction, in order to tie the recovery of the fish to meaningful improvements in ecological conditions and amenities for the public at Utah Lake.
Refuges and Stocking This 4d rule defines June sucker stocking and refuge maintenance as any activity undertaken for the long-term maintenance of the June sucker at facilities outside of Utah Lake and its tributaries or for the production of June suckers for stocking in Utah Lake. Take could occur from necessary facility maintenance or water management, including at Red Butte Reservoir and its downstream drainages. Any breeding, stocking, or refuge program must be approved by the Service in writing, in coordination with any existing designated recovery program. Any June sucker breeding program shall be in compliance with all applicable regulations and best hatchery and fishery management practices as described in the American Fisheries Societys Fish Hatchery Management Wedemeyer 2002.
Maintaining refuge populations and stocking the June sucker in Utah Lake is an integral part of June sucker recovery.

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The process of breeding, rearing, growing, maintaining, and stocking June suckers may result in take at all life stages, but the benefits to the species far outweigh any losses. At the present time, one facility FES hatchery breeds the June sucker for stocking in Utah Lake; this facility also functions as the designated refuge population for June sucker. In addition to the hatchery, FES
uses offsite ponds as a grow-out facility to allow fish to reach a larger size before they are stocked in Utah Lake because this significantly increases survival upon release Burgad et al. 2016, p. 8.
Another population of June suckers exists in Red Butte Reservoir and is maintained, but not actively managed as a refuge, for stocking purposes. Red Butte Reservoir is a useful source population and may be used for stocking more intensively in the future, since fish from Red Butte Reservoir consistently have the highest poststocking success rates.
Nothing in this 4d rule changes in any way the recovery planning provisions of section 4f of the Act, the consultation requirements under section 7 of the Act, or our ability to enter into partnerships for the management and protection of the June sucker. However, interagency cooperation may be further streamlined through planned programmatic consultations for the species between us and other Federal agencies, where appropriate.
Required Determinations National Environmental Policy Act 42
U.S.C. 4321 et seq.
We have determined that environmental assessments and EISs, as defined under the authority of the National Environmental Policy Act NEPA; 42 U.S.C. 4321 et seq., need not be prepared in connection with determining a species listing status under the Endangered Species Act. In an October 25, 1983, notice in the Federal Register 48 FR 49244, we outlined our reasons for this determination, which included a compelling recommendation from the Council on Environmental Quality that we cease preparing environmental assessments or environmental impact statements for listing decisions.
Government-to-Government Relationship With Tribes In accordance with the Presidents memorandum of April 29, 1994, Government-to-Government Relations with Native American Tribal Governments; 59 FR 22951, Executive Order 13175 Consultation and Coordination with Indian Tribal
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