[Federal Register Volume 59, Number 159 (Thursday, August 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20322]


[[Page Unknown]]

[Federal Register: August 18, 1994]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 222 and 227

[Docket No. 940822-4222 I.D. 072594B]

 

Endangered and Threatened Species; Status of Snake River Spring/
Summer Chinook Salmon and Snake River Fall Chinook Salmon

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

ACTION: Emergency interim rule.

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SUMMARY: NMFS is taking emergency action to reclassify Snake River 
spring/summer and fall chinook salmon (Oncorhynchus tshawytscha) as 
endangered, a change from the current threatened status, under the 
Endangered Species Act of 1973 (ESA). NMFS has determined that the 
status of Snake River spring/summer chinook salmon and the status of 
Snake River fall chinook salmon warrant reclassification to endangered, 
based on a projected decline in adult Snake River chinook salmon 
abundance.

EFFECTIVE DATE: This rule is effective from August 18, 1994 to May 26, 
1995.

FOR FURTHER INFORMATION CONTACT: Garth Griffin, Environmental and 
Technical Services Division, NMFS, Portland, OR (503/230-5430) or 
Laurie Sullivan, Protected Species Management Division, NMFS, 1335 
East-West Highway, Silver Spring, MD 20910 (301/713-2322).

SUPPLEMENTARY INFORMATION:

Background

    On June 7, 1990, NMFS received petitions from Oregon Trout, and co-
petitioners Oregon Natural Resources Council, Northwest Environmental 
Defense Center, American Rivers, and Idaho and Oregon chapters of 
American Fisheries Society to determine whether Snake River spring 
chinook salmon, Snake River summer chinook salmon, and Snake River fall 
chinook salmon should be listed as threatened or endangered under the 
ESA. NMFS published a notice on September 11, 1990, (55 FR 37342) 
announcing that the petitions presented substantial scientific 
information indicating that the listings may be warranted and 
requesting information from the public. During the subsequent status 
reviews, NMFS reviewed all available scientific information pertaining 
to the status of Snake River spring chinook salmon, Snake River summer 
chinook salmon, and Snake River fall chinook salmon. The NMFS Northwest 
Region Biological Review Team (BRT) prepared status review reports for 
Snake River spring and summer chinook salmon (Matthews and Waples 1991) 
and Snake River fall chinook salmon (Waples et al. 1991) providing 
detailed information, discussion, and references relevant to the level 
of risk faced by the species, including historical and current 
abundance, population trends, distribution of fish in space and time, 
and other information indicative of the health of the population.
    NMFS proposed listing Snake River spring/summer chinook salmon (56 
FR 29542) and Snake River fall chinook salmon (56 FR 29547) as 
threatened on June 27, 1991. The final rule listing Snake River spring/
summer chinook salmon and Snake River fall chinook salmon as threatened 
was published on April 22, 1992 (57 FR 14653). The decision to list was 
based in part on a determination that the population constituted an 
evolutionarily significant unit (ESU) pursuant to NMFS's policy 
published on November 20, 1991 (56 FR 58612). Critical habitat was 
designated for Snake River spring/summer chinook salmon and Snake River 
fall chinook salmon on December 28, 1993 (58 FR 68543).
    Under the ESA and its implementing regulations (50 CFR part 424), 
an ``endangered species'' is any species that is in danger of 
extinction throughout all or a significant portion of its range. A 
``threatened species'' is any species that is likely to become an 
endangered species within the foreseeable future throughout all or a 
significant portion of its range.

Current Status

Spring/Summer Chinook Salmon

    Since listing of Snake River spring/summer chinook salmon in 1992, 
redd counts in index areas for 1992 and 1993 have continued to maintain 
the low levels observed during the 1980s. Data from 1994 indicate that 
the situation is much worse than in recent years, thus posing an 
imminent threat of extinction throughout all or a significant portion 
of its range. The pre-season estimate for returning upriver spring/
summer chinook adults was 49,000, the third lowest on record since 
1938. However, the final total 1994 adult spring chinook salmon count 
at Bonneville Dam was 20,132 (Fish Passage Center 1994), about 43 
percent of the previous record low return. The expected 1994 escapement 
of the combined run of Snake River spring and summer chinook salmon to 
Lower Granite Dam will likely result in the production of 250 to 500 
redds in the index areas, which is only 14 to 28 percent of the recent 
ten-year average (NMFS and USFWS 1994).
    The return of spring chinook salmon in 1995 is likely to be even 
lower than in 1994. The total 1994 spring chinook salmon jack count at 
Bonneville Dam was 397 fish (Fish Passage Center 1994), less than 30 
percent of the record low in 1993 and 10 percent of the recent 10 year 
average (NMFS and USFWS 1994).
    While it is impossible to make specific projections for returns of 
spring chinook salmon over the next three to five years, it is possible 
to comment in general terms on the prospects for decreasing run sizes. 
Because of the weak 1990 brood and the apparent failure of the 1991 
brood, the prospects for improved returns depend on the relatively 
abundant 1992 and 1993 broods. Outmigration conditions in 1994 for the 
1992 brood were poor. Therefore, there is reason to believe that 
returns will not substantially increase until the 1993 brood 
contributes to the returns in 1997 and 1998. After 1998, returns will 
again be influenced by the low adult returns expected in 1994 and 1995. 
NMFS is concerned that the expected dramatic decline in spring chinook 
salmon abundance may indicate that summer chinook salmon abundance will 
also be lower than in recent years.
    In small populations, random processes can lead to two major types 
of risk: Demographic and genetic. Demographic risk is the risk of 
extinction due to environmental fluctuations, random events affecting 
individuals in the population, and possible reductions in reproduction 
or survival at low population sizes. Genetic risk is the risk of loss 
of genetic variability and/or population fitness through inbreeding and 
genetic drift. Both types of risk increase rapidly as population size 
decreases.
    Severe, short-term genetic problems from inbreeding are unlikely 
unless population size remains very low for a number of years. However, 
the erosion of genetic variability due to low population size is 
cumulative, so long-term effects on the population (even if it 
subsequently recovers numerically) are also a concern.
    The Snake River spring/summer chinook salmon ESU consists of many 
local spawning populations spread over large geographic areas. 
Therefore, the total number of fish returning to local spawning 
populations would be much less than the total run size. Assuming that 
1,300 to 1,500 spring/summer chinook salmon adults survive to spawn, 
the average number of spawners per subpopulation would only be 30 to 40 
fish (NMFS and USFWS 1994). Based on recent trends in redd counts in 
major tributaries of the Snake River, NMFS believes that many local 
populations could be at critically low levels, with individual streams 
in the Grande Ronde River, Middle Fork Salmon River, and Upper Salmon 
River basins at particularly high risk. Both demographic and genetic 
risks would be of concern for local populations, and in some cases, 
habitat might be so sparsely populated that adults would not find 
mates.

Fall Chinook Salmon

    Since listing of Snake River fall chinook salmon in 1992, adult 
returns to Lower Granite dam for 1992 and 1993 have continued to 
maintain the low levels observed during the 1980s. Updated information 
in 1994 indicate that the situation is much worse thus posing an 
imminent threat of extinction throughout all or a significant portion 
of its range. The projected return of listed fall chinook salmon to the 
Columbia River in 1994 is 803, the second lowest on record. A tentative 
run forecast for 1995 suggests that the return will be about 60 percent 
of that expected in 1994 (NMFS and USFWS 1994). While it is impossible 
to make specific projections for returns of fall chinook salmon over 
the next three to five years, it is possible to generally comment on 
the prospects for decreasing run sizes. The 1991 brood is apparently 
weak, based on the record low return of jacks in 1993. Therefore, the 5 
year-old component of the 1996 return is likely to be low. There was 
sufficient escapement in 1992 and 1993 to allow for increased returns 
after 1995, but success of these runs will depend largely on improved 
passage and ocean survival conditions.
    Although risks associated with small population sizes are also a 
general concern for Snake River fall chinook salmon, currently there is 
no evidence of multiple subpopulations of naturally-spawning Snake 
River fall chinook salmon. The primary risk to Snake River fall chinook 
salmon remains the continued low numbers of spawning adults. Genetic 
and demographic risk increases dramatically with increasing number of 
consecutive years of depressed population levels.

Summary of Factors Affecting the Species

    Section 4(a)(1) of the ESA specifies five criteria to be evaluated 
during a status review of a species or population proposed for listing 
or reclassification. In addition to the evaluation for this emergency 
action, these criteria were reviewed in the proposed and final rules to 
list Snake River spring/summer chinook salmon and Snake River fall 
chinook salmon.

A. The Present or Threatened Destruction, Modification, or Curtailment 
of its Habitat or Range

    Hydropower development has resulted in blockage and inundation of 
habitat, turbine-related mortality of juvenile fish, increased travel 
time of juvenile migration through the Snake and Columbia Rivers, and 
increased travel time of migrating adults. Water withdrawal and 
storage, irrigation diversions, siltation and pollution from sewage, 
farming, grazing, logging, and mining have also degraded Snake River 
salmon habitat. Changes in operation of lower Snake and Columbia River 
dams and changes in land and water management activities since the 
listing of Snake River chinook salmon should result in long term 
improvements in survival of adult and juvenile chinook salmon. However, 
observed and expected low returns from 1994 and for the next few years 
suggest that these improvements have not yet been sufficient to remove 
the immediate risks to the listed species.

B. Overutilization for Commercial, Recreational, Scientific, or 
Educational Purposes

    Historically, combined ocean and river harvest rates of Snake River 
spring/summer chinook salmon exceeded 80 and sometimes 90 percent 
(Ricker 1959). Current ocean and river Snake River spring/summer 
chinook salmon harvest levels have been reduced in the commercial, 
recreational, and tribal fisheries due to low escapements and efforts 
to protect these runs. Between 1991 and 1993, the approximate Snake 
River spring/summer chinook salmon harvest rate ranged from 5.5 to 7.7 
percent.
    For upriver bright (Columbia and Snake Rivers) fall chinook salmon, 
the 1990 total harvest rate (commercial, recreational, and tribal 
fisheries) was approximately 70 percent. Measures have been taken 
between 1991 and 1993 to reduce harvest impacts on Snake River fall 
chinook salmon to approximately 50 percent. However, as evidenced by 
continued and projected low returns, these efforts have not reversed 
the decline of the species and further measures are urgently needed to 
reduce the risk of extinction.
    While there are a number of scientific research programs involving 
handling, tagging, and moving of fish in the Columbia and Snake rivers, 
NMFS believes that the contribution of these programs to the decline of 
listed Snake River chinook salmon is negligible. Furthermore, these 
programs contribute to the efforts to enhance long-term survival of 
these species.

C. Disease or Predation

    Chinook salmon are exposed to numerous bacterial, protozoan, viral, 
and parasitic organisms; however, these organisms' impacts on Snake 
River chinook salmon are largely unknown.
    Predator populations, particularly northern squawfish 
(Ptychocheilus oregonensis), have increased due to hydroelectric 
development that created impoundments providing ideal predator foraging 
areas. Turbulent conditions in turbines, dam bypasses, and spillways 
have increased predator success by stunning or disorienting passing 
juvenile salmon migrants. Increased efforts to reduce populations of 
northern squawfish should result in survival improvements of listed 
salmon, but the benefits are not yet fully known.
    Marine mammal numbers, especially harbor seals and California sea 
lions, are increasing on the West Coast and increases in predation by 
pinnipeds have been noted in all Northwest salmonid fisheries. However, 
the extent to which marine mammal predation is a factor causing the 
decline of Snake River chinook salmon is unknown.

D. Inadequacy of Existing Regulatory Mechanisms

    A wide variety of Federal and state laws and programs have affected 
the abundance and survival of anadromous fish populations in the 
Columbia River Basin. Relevant regulatory mechanisms in place when the 
species were proposed for listing were discussed in supplemental 
factors for decline reports (NMFS 1991a; NMFS 1991b). Although some 
improvements in regulatory mechanisms have been made since listing, 
increases in estimated Snake River chinook salmon abundance during the 
1991 through 1993 period are not expected to be sustained in the near 
future. This indicates that regulatory mechanisms currently in place 
are insufficient or not effectively applied, and immediate action must 
be taken to reverse the continuing decline of listed Snake River 
salmon.

E. Other Natural and Manmade Factors

    Drought conditions may have contributed to reduced Snake River 
chinook salmon production. Annual mean streamflows for the 1977 water 
year were the lowest recorded since the late nineteenth century for 
many streams (Columbia River Water Management Group 1978). Generally, 
drought conditions have continued since this time, particularly in the 
Snake River.
    Unusually warm ocean surface temperatures and associated changes in 
coastal currents and upwelling, known as El Nino conditions, result in 
ecosystem alterations such as reductions in primary and secondary 
productivity and changes in prey and predator species distributions. El 
Nino conditions may affect individual Snake River chinook salmon stocks 
differently. During El Nino conditions, chinook salmon stocks that rear 
in ocean areas south of Vancouver Island generally survive at a lower 
rate than chinook salmon stocks that inhabit northerly ocean areas 
(Johnson 1988). Most hatchery Snake River spring chinook salmon CWTs 
are recovered in British Columbia fisheries, and are believed to be 
less affected by El Nino conditions than hatchery summer chinook 
salmon. Approximately half of the Snake River hatchery (McCall 
Hatchery) summer chinook salmon CWT ocean recoveries come from 
Washington, Oregon, and California fisheries (Berkson 1991). 
Approximately 20 to 30 percent of the Snake River hatchery (Lyons Ferry 
and Hagerman hatcheries) fall chinook salmon CWT ocean recoveries occur 
in Washington, Oregon, and California fisheries.
    Artificial propagation has, in some cases, impacted listed Snake 
River spring/summer chinook salmon. Potential problems associated with 
hatchery programs include genetic impacts on indigenous wild 
populations from stock transfers, reduced natural production due to 
collection of wild adults for hatchery brood stocks, competition with 
wild salmon, predation of wild salmon by hatchery salmon, and disease 
transmission.
    Artificial propagation activities in the Snake River have also been 
a factor in the decline of Snake River fall chinook salmon. The taking 
of Snake River fall chinook salmon for hatchery brood stock has reduced 
natural escapement, and the straying of hatchery fall chinook salmon 
from other areas into the Snake River threatens the genetic integrity 
of wild Snake River fall chinook salmon. Most of the stray adult fall 
chinook salmon returning to Lyons Ferry Hatchery originate from 
Umatilla River releases. Although the Oregon Department of Fish and 
Wildlife now releases hatchery fall chinook salmon further upstream in 
the Umatilla River to improve imprinting, implementation of adequate 
flow augmentation actions in the lower Umatilla River have not yet been 
accomplished and low flow conditions in the Umatilla River during adult 
return periods still contribute to straying concerns.

Reasons for Emergency Determination

    Although conservation measures have been implemented since 1992 
specifically to improve habitat and migration passage conditions, 
decrease harvest levels, and improve hatchery programs, NMFS believes 
that the new data indicating critically low returns expected for 1994 
constitute an emergency requiring immediate action to reclassify both 
Snake River spring/summer chinook and Snake River fall chinook salmon 
as endangered. Section 4(b)(7) of the ESA provides that an emergency 
rule may be promulgated by the Secretary ``in regard to any emergency 
posing a significant risk to the well-being of any species * * *'' The 
severity of the decrease in run size based on the most recent estimates 
of returns indicates that there is a significant risk to the well-being 
of both Snake River fall chinook and Snake River spring/summer chinook 
that warrants this emergency rule. Although the reclassification will 
not result in additional prohibitions under section 9 of the ESA, the 
emergency reclassification serves notice that NMFS will immediately 
implement further protections to reverse the continued decline.
    Because time is a critical factor in the effort to prevent the 
Snake River spring/summer and fall chinook salmon from becoming 
extinct, and given the demographic and genetic risks these small 
populations of Snake River chinook salmon are now facing, it is crucial 
that these species be provided a high level of protection immediately.
    Evaluation criteria currently used by Federal action agencies to 
assess impacts on threatened salmon may not adequately protect 
endangered salmon, and could preclude future options for recovering 
species now considered to be precariously close to extinction. A more 
accurate characterization of the status of the Snake River chinook 
salmon should encourage action agencies to immediately employ more 
conservative criteria when they propose, evaluate and implement their 
actions. Similarly, because changing the status of a species may 
require reinitiation of consultation under section 7 of the ESA on 
previously issued biological opinions, the emergency reclassification 
of Snake River chinook salmon will require NMFS to reevaluate completed 
consultations to determine if reinitiation is necessary. However, it 
should be noted that reinitiation may be made independent of the legal 
status of the species and may be based on new information regarding run 
size that may reveal that the effects of Federal actions may affect 
listed species in a manner or to an extent not previously considered. 
(See 50 CFR 402.16).
    This emergency reclassification should compel Federal action 
agencies to adopt a more conservative approach in analyzing the risk to 
Snake River chinook salmon associated with ongoing and future actions, 
including hydropower operations, land management actions, harvest 
activities, and hatchery practices. For example, alternative scenarios 
for hydropower operation are currently being evaluated by a multi-
agency workgroup. Should the current hydropower actions be determined 
to jeopardize the continued existence of listed species when evaluated 
with new analytical methods, these alternative operation scenarios may 
represent reasonable and prudent alternatives to the current action by 
providing a higher level of protection for endangered species. For land 
management actions, restricting development in roadless areas, 
evaluating land management activities on a landscape scale through 
watershed analysis, and affording a higher level of protection to 
riparian areas would prevent foreclosure of future options for 
protecting Snake River chinook salmon habitat. Following 
reclassification, hatchery releases of listed and unlisted fish would 
be subjected to additional scrutiny and be expected to further reduce 
ecological interactions that adversely affect listed Snake River 
chinook salmon. Chinook fisheries are likely to be subject to 
restrictions beyond that of recent years. These types of protective 
measures should be adopted immediately to ensure that all future 
actions will improve survival conditions for Snake River chinook 
salmon.
    Based on reviews of the current and expected short-term future 
status of Snake River spring/summer and fall chinook salmon, NMFS 
believes that this emergency action to reclassify Snake River spring/
summer chinook salmon and Snake River fall chinook salmon from 
threatened to endangered is warranted. This emergency reclassification 
is needed immediately to preserve future management options and modify 
the current levels of acceptable risk to the continued existence of 
Snake River spring/summer chinook salmon and Snake River fall chinook 
salmon.
    During the 240 days this emergency rule is in effect, NMFS will 
initiate and complete a rulemaking (with a public comment period) to 
extend the reclassification of Snake River spring/summer and fall 
chinook salmon to endangered under the ESA until such time as 
reclassification or delisting is warranted.

Classification

    The Assistant Administrator for Fisheries, NOAA (AA), has 
determined that the present situation poses a significant risk to the 
well-being of Snake River chinook salmon; therefore, emergency 
regulations can be issued under 16 U.S.C. 1533(b)(7). Pursuant to this 
section, the requirements of section 553 of the Administrative 
Procedure Act do not apply to this rulemaking. Furthermore, the AA 
finds that independent of 16 U.S.C. 1533(b)(7) the reasons justifying 
promulgation of this rule on an emergency basis also make it 
impracticable and contrary to the public interest to provide notice and 
opportunity for prior comment or to delay for 30 days its effective 
date under section 553 (b) and (d) of the Administrative Procedure Act.
    This rule is exempt from the procedures of the Regulatory 
Flexibility Act because it is issued without opportunity for prior 
public comment.
    This rule will be implemented in a manner that is consistent to the 
maximum extent practicable with the approved coastal management program 
of the States of Washington and Oregon. This determination has been 
submitted under section 307 of the Coastal Zone Management Act for 
review by the responsible State agency.
    This proposed rule has been determined to be exempt from review 
under E.O. 12866.
    NOAA Administrative Order 216-6 states that listing actions under 
the ESA are categorically excluded from the requirement to prepare an 
environmental assessment or an environmental impact statement.

List of Subjects

50 CFR Part 222

    Administrative practice and procedure, Endangered and threatened 
species, Exports, Imports, Reporting and record keeping requirements, 
Transportation.

50 CFR Part 227

    Endangered and threatened species, Exports, Imports, Marine 
mammals, Transportation.

    Dated: August 15, 1994.
Gary C. Matlock,
Program Management Officer, National Marine Fisheries Service.

    For the reasons set out in the preamble, 50 CFR parts 222 and 227 
are amended as follows:

PART 222--ENDANGERED FISH OR WILDLIFE

    1. The authority citation of part 222 continues to read as follows:

    Authority: 16 U.S.C. 1531-1543.


Sec. 222.23  [Amended]

    2. In Sec. 222.23, paragraph (a), the second sentence, is amended 
by adding the phrase ``Snake River spring/summer chinook salmon 
(Oncorhynchus tshawytscha); Snake River fall chinook salmon 
(Oncorhynchus tshawytscha);'' immediately after the phrase ``Sacramento 
River winter-run chinook salmon (Oncorhynchus tshawytscha);''.

PART 227--THREATENED FISH AND WILDLIFE

    3. The authority citation of part 227 continues to read as follows:

    Authority: 16 U.S.C. 1531 et seq.


Sec. 227.4  [Amended]

    4. In Sec. 227.4, paragraphs (f) and (g) are removed.

Subpart C--Threatened Marine and Anadromous Fish [Reserved]


Sec. 227.21  [Removed]

    5. Subpart C ``Threatened marine and anadromous fish'' is reserved 
and Sec. 227.21 is removed.

[FR Doc. 94-20322 Filed 8-15-94; 2:31 pm]
BILLING CODE 3510-22-W