[Federal Register Volume 59, Number 175 (Monday, September 12, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22481]


[[Page Unknown]]

[Federal Register: September 12, 1994]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 227

[I.D. 081694D]

 

Listing Endangered and Threatened Species and Designating 
Critical Habitat: Initiation of Status Reviews for Pink Salmon, Chum 
Salmon, Sockeye Salmon, Chinook Salmon, and Sea-Run Cutthroat Trout 
Populations in Washington, Oregon, Idaho, and California

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

ACTION: Notice of finding; initiation of status reviews; request for 
comments.

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SUMMARY: NMFS has received three petitions to list several populations 
of salmon comprising four biological species of Pacific salmon 
(Oncorhynchus spp.) from Puget Sound and the Olympic Peninsula, WA, and 
to designate critical habitat under the Endangered Species Act of 1973 
(ESA). In accordance with section 4 of the ESA, NMFS finds that the 
petitions present substantial scientific information indicating that 
listings may be warranted. Therefore, NMFS is initiating a status 
review on these stocks to determine if listing is warranted. Moreover, 
NMFS is initiating comprehensive status reviews for populations of 
Pacific salmon and anadromous trout not presently undergoing status 
reviews in Washington, Oregon, Idaho, and California. Comprehensive, 
coastwide status reviews are already underway for coho salmon (O. 
kisutch) and steelhead (O. mykiss). Species for which comprehensive, 
coastwide status reviews will be initiated are: Pink salmon (O. 
gorbuscha), chum salmon (O. keta), sockeye salmon (O. nerka), chinook 
salmon (O. tshawytscha), and sea-run cutthroat trout (O. clarki 
clarki). To ensure that these status reviews are complete, NMFS is 
soliciting information and data regarding the petitioned stocks as well 
as the five species in Washington, Oregon, Idaho, and California.

DATES: Comments and information must be received by November 14, 1994.

ADDRESSES: Copies of the petitions are available from, and comments 
should be submitted to, 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 allows 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 makes a 
finding whether the petition presents substantial scientific or 
commercial information indicating that the petitioned action may be 
warranted.

Petitions Received

    On March 14, 1994, the Secretary received a petition from the 
Professional Resource Organization--Salmon (PRO-Salmon petition) to 
list nine populations of salmon comprising four biological species from 
Puget Sound and the Olympic Peninsula, WA, and to designate critical 
habitat under the ESA. The nine populations are identified as 
indigenous, naturally spawning populations of (1) Hood Canal summer 
chum salmon, (2) Elwha River pink salmon, (3) Lower Dungeness River 
pink salmon, (4) North Fork Nooksack River spring chinook salmon, (5) 
South Fork Nooksack River spring chinook salmon, (6) Dungeness River 
spring chinook salmon, (7) Baker River sockeye salmon, (8) Discovery 
Bay chum salmon, and (9) White River spring chinook salmon. 
Subsequently, the Secretary received two additional petitions to list 
populations of chum salmon in Mud Bay/Eld Inlet and in Hood Canal, WA, 
from the Save Allison Springs Citizens' Committee (April 4, 1994) and 
Trout Unlimited (May 23, 1994), respectively.
    The Assistant Administrator for Fisheries, NOAA, makes a finding 
that the petition presents substantial scientific information 
indicating that the petitioned action 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 the petitioned stocks be conducted to determine if the action 
is warranted.

Systematic Approach for Comprehensive Status Reviews

    During the past 15 months, NMFS has received nine petitions 
requesting ESA protection for various population segments of all seven 
species of Oncorhynchus found in North America. NMFS has determined 
that all of these petitions, including those for the 10 Puget Sound 
populations covered by this document, present substantial scientific 
information indicating that listings may be warranted. However, there 
are also indications that declines in abundance (and local extinctions) 
of Pacific salmon and anadromous trout have occurred over broad 
geographic areas (e.g., Nehlsen et al. 1991). Furthermore, experience 
gained from Pacific salmon status reviews conducted by NMFS during the 
past 3 years has made it clear that determining the geographic 
boundaries and biological status of distinct population segments 
generally requires assessing populations and habitats occurring outside 
the range covered by specific petitions. For this reason, NMFS has 
initiated comprehensive, coastwide status reviews for two species--
steelhead (58 FR 29390, May 20, 1993; 59 FR 27527, May 27, 1994) and 
coho salmon (58 FR 57770, October 27, 1993) in order to more accurately 
and efficiently determine the geographic boundaries and status of 
distinct population segments.
    NMFS believes it is now prudent to initiate comprehensive status 
reviews for the remaining species of Pacific salmon and anadromous 
trout in Washington, Oregon, Idaho, and California. These comprehensive 
reviews will allow NMFS to conduct a more thorough assessment of the 
ecological and genetic diversity of west coast salmon populations, and 
to identify the geographic extent and biological status of populations 
representing substantial components of the overall diversity of the 
biological species. This systematic evaluation will allow NMFS to 
accomplish the major goal of the ESA--to conserve the diversity of 
these species and the ecosystems they inhabit.

Proposed Timeline To Complete Comprehensive Status Reviews

    NMFS proposes to complete comprehensive species status reviews and 
publish its determination whether or not to list the species according 
to the following schedule: 

------------------------------------------------------------------------
                                                           Proposed     
                       Species                         completion date  
------------------------------------------------------------------------
Coho Salmon.........................................  October 20, 1994. 
Steelhead...........................................  February 16, 1995.
Pink Salmon.........................................  June 1, 1995.     
Chum Salmon.........................................  July 15, 1995.    
Sockeye Salmon......................................  September 1, 1995.
Chinook Salmon......................................  December 15, 1995.
Sea-run Cutthroat Trout.............................  April 1, 1996.    
------------------------------------------------------------------------

    In order for NMFS to concentrate efforts towards completion of 
comprehensive status reviews by the above dates, 1-year findings for 
the individual petitoned stocks, due in March, April, and May, 1995, 
may be delayed. However, NMFS will complete status reviews for the 
species identified in the above petitions as soon as possible and will 
thereafter promptly propose listings for any species that are found to 
warrant protection under the ESA. While findings on petitioned Puget 
Sound stocks could be delayed, NMFS believes that the comprehensive 
approach will provide a more thorough and accurate assessment of the 
status and risks to anadromous salmonids throughout their ranges in 
California, Washington, Oregon, and Idaho.
    NMFS has elected to complete the status review for sea-run 
cutthroat trout last because existing scientific information regarding 
this species' life history and population status is extremely scarce. 
NMFS anticipates that valuable information for assessing the health of 
this species will be forthcoming from studies being conducted by the 
United States Forest Service and Oregon State University. However, due 
to the broad geographic scope of these studies (Alaska to northern 
California), it will probably be at least 1 year before information is 
compiled and evaluated in a manner that will facilitate NMFS' ESA 
determinations.

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

Biological Information Solicited

    To ensure that the 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 any stock 
qualifies as a ``species'' under the ESA in accordance with NMFS' 
policy (56 FR 58612, November 20, 1991), and (2) whether or not any 
stock is endangered or threatened based on the above listing criteria. 
Specifically, NMFS is soliciting information on the petitioned stocks. 
In general, NMFS is soliciting information on pink, chum, sockeye, and 
chinook salmon and sea-run cutthroat trout in the following areas: 
Physical and biological features of freshwater habitat; life history 
patterns of juvenile and adult fish, including age structure and 
migration patterns; meristic, morphometric, and genetic studies; 
disease epizootiology; population abundance and trends in abundance 
over time; influence of historical and present hatchery fish releases 
on naturally spawning stocks; and separation of hatchery and natural 
salmon/trout escapement.
    To facilitate the compilation of existing information, NMFS will 
expand its Pacific Salmon Biological Technical Committees' (PSBTC) 
meetings in Washington, Oregon, Idaho, and California to include 
discussions of all species of Pacific salmon and anadromous trout. The 
PSBTCs will provide NMFS with access to experts having a working 
knowledge of salmonid populations and will ensure that an accurate and 
complete administrative record is developed for each species. All 
meetings will be open to the public; interested parties should contact 
NMFS (see ADDRESSES) for information regarding locations and times of 
upcoming PSBTC meetings.
    As noted above, the determination to list a species is based solely 
on the basis of 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)). 
Due to the broad scope of the species status reviews identified in this 
action, NMFS will attempt to consider information submitted after the 
comment period (see DATES). However, information must be received no 
later than 60 days before the proposed scheduled completion date 
(except for coho salmon) given in this document to allow NMFS 
sufficient time to review the material.

Critical Habitat

    NMFS is also requesting information on areas that may qualify as 
critical habitat for all stocks of pink, chum, sockeye, and chinook 
salmon and sea-run cutthroat trout in Washington, Oregon, Idaho, and 
California. Areas that include the physical and biological features 
essential to the recovery of the species should be identified. Areas 
outside the present distribution 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 breeding, reproduction, rearing of 
offspring; and generally, (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 
designations 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 commentor's name, address, and 
association, institution, or business.

References

    Nehlsen et al., 1991. Pacific salmon at the crossroads: stocks 
at risk from California, Oregon, Idaho, and Washington. Fisheries 
16(2):4-21.

    Dated: September 6, 1994.

Herbert W. Kaufman,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 94-22481 Filed 9-9-94; 8:45 am]
BILLING CODE 3510-22-P