The fluvial population in the upper Missouri river basin once merited a high priority for listing under the Endangered Species Act (ESA) by the US Fish & Wildlife Service (FWS). This unique southernmost population is now extirpated from all areas of the basin with the exception of the Big Hole River watershed. In preparation for an ESA listing, the US FWS began implementing a "Candidate Conservation Agreement with Assurances" (CCAA). This agreement protects cooperating landowners from being prosecuted under the ESA "takings" clause so long as they fulfill specific obligations, spelled out in a contractual arrangement and intended to restore the dwindling population. Finally, in 2014 the FWS determined not to list the grayling under ESA, due to the effectiveness of the CCAA.