[Federal Register Volume 59, Number 102 (Friday, May 27, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13002]


[[Page Unknown]]

[Federal Register: May 27, 1994]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 227

[I.D. 050294D]

 

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

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

ACTION: Notice of finding; request for comments.

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SUMMARY: NMFS has received a petition to list steelhead (Oncorhynchus 
mykiss) throughout its range in Washington, Oregon, California, and 
Idaho and to designate critical habitat under the Endangered Species 
Act of 1973 (ESA). In accordance with section 4 of the ESA, NMFS has 
determined that the petition presents substantial scientific 
information indicating that the request for a 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 coastal steelhead 
populations in California, Oregon, and Washington (including Puget 
Sound).

DATES: Comments and information must be received by July 26, 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 (Secretary) 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 requires that, to the maximum 
extent practicable, within 90 days after receiving such a petition, the 
Secretary determine whether the petition presents substantial 
scientific or commercial information indicating that the petitioned 
action may be warranted.

Petition Received

    On February 16, 1994, the Secretary received a petition from the 
Oregon Natural Resources Council (ONRC) and 15 co-petitioners to list 
steelhead (O. mykiss) throughout its range in Washington, Oregon, 
California, and Idaho and to designate critical habitat under the ESA. 
The Assistant Administrator for Fisheries, NOAA, (AA) found that the 
petition presents substantial scientific information indicating that a 
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 a ``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)(B) of the ESA, this finding 
requires that a review of the status of steelhead populations in 
Washington, Oregon, California, and Idaho 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 ONRC et 
al. petition within 12 months of February 16, 1994, the date it was 
received.

Ongoing Status Review

    On May 6, 1992, the Secretary received a petition from ONRC and ten 
co-petitioners to list the Illinois River (tributary to the Rogue 
River, Southern Oregon) winter steelhead and to designate critical 
habitat under the ESA. The AA determined that while ``there is 
insufficient evidence to demonstrate that the Illinois River winter 
steelhead by themselves represent an evolutionary significant unit 
(ESU), and hence a 'species' under the ESA, Illinois River winter 
steelhead are undoubtedly part of a larger ESU whose extent has not yet 
been determined.'' Moreover, in light of the general decline in many 
West Coast populations of steelhead, NMFS initiated its own 
comprehensive status review that will assess steelhead populations in 
coastal streams of California, Oregon, and Washington (including Puget 
Sound). The first objective of the larger steelhead status review is to 
define the boundaries of the ESU that contain Illinois River winter 
steelhead and determine whether they are threatened or endangered. In 
accordance with section 4 of the ESA, NMFS published a notice of 
determination and request for information (58 FR 29390, May 20, 1993) 
on an expanded status review of coastal steelhead populations. Although 
the geographic scope of the ONRC et al. petition is similar to the area 
addressed in the ongoing NMFS coastal steelhead status review, 
additional information about steelhead populations east of the Cascade 
Mountain Range is needed. Therefore, information received during the 
comment period for the ONRC et al. petition will be used in NMFS' 
ongoing review of steelhead populations in coastal streams of 
California, Oregon, and Washington (including Puget Sound).

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. All listing determinations are made 
solely on the best scientific and commercial data available.

Biological Information Solicited

    NMFS is soliciting information and comments concerning: (1) Whether 
or not the stocks qualify as a ``species'' under the ESA (56 FR 58612, 
November 20, 1991) and (2) whether or not the stocks are endangered or 
threatened based on the above listing criteria. Specifically, NMFS is 
soliciting information in the following areas: Migration timing and 
behavior of juvenile and adult steelhead; age structure of steelhead; 
interactions of steelhead with other salmonids; alteration of steelhead 
freshwater and marine habitats; disease epizootiology of steelhead; 
influence of historical and present hatchery fish releases on naturally 
spawning stocks of steelhead; and separation of hatchery and natural 
steelhead escapement. This information should address all steelhead 
populations in California, Oregon, Washington, Idaho, and British 
Columbia. Because a very similar request for information was published 
in the May 20, 1993, Federal Register notice announcing NMFS' decision 
to conduct a review of coastal steelhead populations, it is not 
necessary for parties to submit the same information for this request. 
Copies of the petition are available (see ADDRESSES).
    It is important to note that the determination to list a species is 
based solely on the best available scientific and commercial 
information regarding a species' status, without reference to possible 
economic or other impacts of such a determination (50 CFR 424.11(b)).

Critical Habitat

    NMFS is also requesting information on areas that may qualify as 
critical habitat for Washington, Oregon, California, and Idaho stocks 
of steelhead (see also October 15, 1991, 56 FR 51684). 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 habitats.
    Data, information, and comments should include: (1) Supporting 
documentation such as maps, bibliographic references, or reprints of 
pertinent publications, and (2) the commentor's name, address, and 
association, institution, or business.

    Dated: May 20, 1994.
William W. Fox, Jr.,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 94-13002 Filed 5-26-94; 8:45 am]
BILLING CODE 3510-22-F