[Federal Register Volume 59, Number 17 (Wednesday, January 26, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1634]


[[Page Unknown]]

[Federal Register: January 26, 1994]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 227

 

Listing Endangered and Threatened Species and Designating 
Critical Habitat: Petition To List Coho Salmon Throughout Its Range in 
Washington, Oregon, Idaho, and California

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration, Commerce.

ACTION: Notice of petition finding and request for information.

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SUMMARY: NMFS has received a petition to list, either on an emergency 
basis or through normal listing procedures, coho salmon (Oncorhynchus 
kisutch) throughout its range in Washington, Oregon, Idaho, and 
California, and to designate critical habitat under the Endangered 
Species Act of 1973 (ESA). The petition presents substantial scientific 
information indicating that the request for a non-emergency listing may 
be warranted. Therefore, NMFS is initiating a status review to 
determine if the petitioned action is warranted. To ensure that the 
review is comprehensive, NMFS is soliciting information and data 
regarding this action. Information received during the comment period 
for this status review will be used in NMFS' ongoing review of coho 
salmon populations in California, Oregon, and Washington (including 
Puget Sound).

DATES: Comments and information must be received on March 28, 1994.

ADDRESSES: Copies of the petition are available from, and comments 
should be submitted to, Merritt Tuttle, Chief, Environmental and 
Technical Services Division, NMFS, 911 NE 11th Avenue, room 620, 
Portland, OR 97232.

FOR FURTHER INFORMATION CONTACT:
Garth Griffin, NMFS, Northwest Region (503) 230-5430; Jim Lecky, NMFS, 
Southwest Region, (310) 980-4015; or Marta Nammack, NMFS, Office of 
Protected Resources, (301) 713-2322.

SUPPLEMENTARY INFORMATION:

Background

    Section 4 of the ESA contains provisions allowing interested 
persons to petition the Secretary of the Interior or the Secretary of 
Commerce to add a species to or remove a species from the List of 
Endangered and Threatened Wildlife and to designate critical habitat. 
Section 4(b)(3)(A) of the ESA (16 U.S.C. 1531-1544) requires that, to 
the maximum extent practicable, within 90 days after receiving such a 
petition, the Secretary make a finding whether the petition presents 
substantial scientific or commercial information indicating that the 
petitioned action may be warranted.

Petition Received

    On October 20, 1993, the Secretary of Commerce received a petition 
from The Pacific Rivers Council (PRC) and 22 co-petitioners to list, 
either on an emergency basis or through normal listing procedures, coho 
salmon throughout its range in Washington, Oregon, Idaho, and 
California, and to designate critical habitat under the ESA. The 
Assistant Administrator for Fisheries, NOAA (AA), has determined that 
there is insufficient evidence demonstrating the existence of an 
emergency posing a significant risk to the well-being of the species 
and, thus, the request for an emergency rule is denied. The AA makes a 
finding that the petition presents substantial scientific information 
indicating that a non-emergency listing may be warranted based on the 
criteria specified in 50 CFR 424.14(b)(2), and based on evidence 
presented in the petition that the petitioned populations may qualify 
as ``species'' under the ESA, in accordance with NMFS' ``Policy on 
Applying the Definition of Species under the Endangered Species Act to 
Pacific Salmon'' (56 FR 58612, November 20, 1991). Under section 
4(b)(3)(A) of the ESA, this finding requires that a review of the 
status of coho salmon populations in Washington, Oregon, Idaho, and 
California be conducted to determine if the petitioned action is 
warranted. In keeping with section 4(b)(3)(B) of the ESA, the Secretary 
will make his determination on the PRC et al. petition within 12 months 
of the date it was received (October 12, 1993). Information received 
during this status review will be used in NMFS' ongoing review of coho 
salmon populations in California, Oregon, and Washington (58 FR 57770, 
October 27, 1993).

Listing Factors and Basis for Determination

    Under section 4(a)(1) of the ESA, a species can be determined to be 
endangered or threatened for any of the following reasons: (1) Present 
or threatened destruction, modification, or curtailment of its habitat 
or range; (2) overutilization for commercial, recreational, scientific, 
or educational purposes; (3) disease or predation; (4) inadequacy of 
existing regulatory mechanisms; or (5) other natural or manmade factors 
affecting its continued existence. In addition, under section 4(b)(7) 
of the ESA, the Secretary of Commerce may at any time issue an 
emergency regulation if there exists a significant risk to the well-
being of the species. In such a case, the Secretary must publish a 
Federal Register notice detailing the reasons for an emergency listing. 
Listing determinations are made solely on the best scientific and 
commercial data available.

Biological Information Solicited

    To ensure that the coho salmon status review is complete and is 
based on the best available scientific and commercial data, NMFS is 
soliciting information and comments concerning: (1) Whether or not the 
populations qualify as ``species'' under the ESA in accordance with 
NMFS' ``Policy on Applying the Definition of Species Under the 
Endangered Species Act to Pacific Salmon'' (56 FR 58612, November 20, 
1991); and (2) whether or not the populations are endangered or 
threatened based on the above listing criteria. Specifically, NMFS is 
soliciting information in the following areas: Influence of historical 
and present hatchery fish releases on naturally spawning populations of 
coho salmon, separation of hatchery and natural coho salmon escapement, 
alteration of coho salmon freshwater and marine habitats, disease 
epizootiology of coho salmon, age structure of coho salmon populations, 
migration timing and behavior of juvenile and adult coho salmon, and 
interactions of coho salmon with other salmonids. This information 
should address all coho salmon populations in California, Oregon, 
Idaho, and Washington (including Puget Sound). Because a very similar 
request for information was published in the Federal Register (58 FR 
57770, October 27, 1993) announcing NMFS' decision to conduct a review 
of West Coast coho salmon populations, it is not necessary for parties 
to submit the same information for this request. Copies of the petition 
are available (see ADDRESSES).

Critical Habitat

    NMFS is also requesting information on areas that may qualify as 
critical habitat for California, Oregon, Idaho, and Washington 
populations of coho salmon. Areas that include the physical and 
biological features essential to the recovery of the species should be 
identified. Areas outside the present range should also be identified 
if such areas are essential to the recovery of the species. Essential 
features should include, but are not limited to: (1) Space for 
individual and population growth, and for normal behavior; (2) food, 
water, air, light, minerals, or other nutritional or physiological 
requirements; (3) cover or shelter; (4) sites for reproduction and 
rearing of offspring; and (5) habitats that are protected from 
disturbance or are representative of the historic geographical and 
ecological distributions of the species.
    For areas potentially qualifying as critical habitat, NMFS is 
requesting information describing: (1) The activities that affect the 
area or could be affected by the designation, and (2) the economic 
costs and benefits of additional requirements of management measures 
likely to result from the designation.
    The economic cost to be considered in the critical habitat 
designation under the ESA is the probable economic impact ``of the 
[critical habitat] designation upon proposed or ongoing activities'' 
(50 CFR 424.19). NMFS must consider the incremental costs specifically 
resulting from a critical habitat designation that are above the 
economic effects attributable to listing the species. Economic effects 
attributable to listing include actions resulting from section 7 
consultations under the ESA to avoid jeopardy to the species and from 
the taking prohibitions under section 9 of the ESA. Comments concerning 
economic impacts should distinguish the costs of listing from the 
incremental costs that can be directly attributed to the designation of 
specific areas as critical habitat.
    Data, information, and comments should include: (1) Supporting 
documentation such as maps, bibliographic references, or reprints of 
pertinent publications, and (2) the person's name, address, and 
association, institution, or business.

    Dated: January 18, 1994.
Herbert W. Kaufman,
Deputy Director, Office of Protected Resources.
[FR Doc. 94-1634 Filed 1-25-94; 8:45 am]
BILLING CODE 3510-22-M