[Federal Register Volume 60, Number 52 (Friday, March 17, 1995)]
[Proposed Rules]
[Pages 14410-14412]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6611]



=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 222

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17


Endangered and Threatened Wildlife and Plants; 12 Month Finding 
for a Petition to List the Anadromous Atlantic Salmon (Salmo Salar) 
Populations in the United States as Endangered or Threatened

AGENCIES: National Marine Fisheries Service, National Oceanic and 
Atmospheric Administration, Commerce; and Fish and Wildlife Service, 
Interior.

ACTION: Notice of petition finding.

-----------------------------------------------------------------------

SUMMARY: The National Marine Fisheries Service (NMFS) and the U.S. Fish 
and Wildlife Service (FWS), collectively the Services, announce a 12-
month finding on a petition to list the Atlantic salmon (Salmo salar) 
throughout its range in the United States as an endangered species 
pursuant to the Endangered Species Act of 1973 (Act). A Biological 
Review Team (Team), comprising staff from both NMFS and FWS, have 
compiled and analyzed available data, and prepared a ``Status Review 
for Anadromous Atlantic Salmon in the United States.'' The Services 
have determined that available biological evidence indicates that the 
species described in the petition does not meet the definition of 
``species'' under the Endangered Species Act. Consequently, the 
Services conclude that the petitioned action to list Atlantic salmon 
throughout its historic United States range is not warranted.

DATES: The finding made in this document was made on March 10, 1995.

ADDRESSES: Comments or questions concerning this petition finding 
should be sent to the Chief, Division of Endangered Species, FWS, 300 
Westgate Center Drive, Hadley, Massachusetts 01035, or the Chief, 
Habitat and Protected Resources Division, NMFS, 1 Blackburn Drive, 
Gloucester, Massachusetts 01930. The petition finding and supporting 
data are available for public inspection by appointment during normal 
business hours at the above addresses and at FWS, 1033 South Main 
Street, Old Town, Maine 04468 (207-827-5938).

FOR FURTHER INFORMATION CONTACT: Paul Nickerson, Chief, Division of 
Endangered Species, at the Hadley, Massachusetts address (413-253-8615) 
or Mary Colligan, Marine Habitat Specialist, at the Gloucester, 
Massachusetts address (508-281-9116).

SUPPLEMENTARY INFORMATION:

Background

    Section 4(b)(3)(B) of the Act requires that for any petition to 
revise the List of Endangered and Threatened Wildlife and Plants that 
contains substantial scientific and commercial information indicating 
that the petitioned action may be warranted, the FWS or the NMFS, as 
appropriate, must undertake a review of the species in question and 
make a finding within 12 months of the receipt of the petition on 
whether the petitioned action is (a) not warranted, (b) warranted, or 
(c) warranted but precluded from immediate proposal by other pending 
proposals of higher priority. Section 4(b)(3)(C) requires that 
petitions for which the requested action is found to be ``warranted but 
precluded'' should be treated as though resubmitted on the date of such 
finding, i.e., requiring a subsequent finding to be made within 12 
months.
    In October and November, 1993, the Services received a petition 
from RESTORE: the North Woods, Biodiversity Legal Foundation and 
Jeffrey Elliot to list naturally spawning anadromous Atlantic salmon 
(Salmo salar) throughout its known historic range in the conterminous 
United States, and to designate critical habitat. The petitioners 
presented current and historical information on Atlantic salmon 
populations, identified possible threats including commercial and sport 
fishing, pollution, barriers, land use practices, genetic disruption 
and others, and cited numerous scientific articles to support the 
petition.
    The Services published a notice of finding on January 20, 1994 (59 
FR 3067-3068), stating that the petition presented substantial 
information indicating that the requested action may be warranted. The 
Services also announced their intention to conduct a status review and 
solicited information from interested parties. To formalize the 
cooperative approach between NMFS and FWS in response to this petition, 
a Memorandum of Agreement was signed on March 14, 1994, by the regional 
directors of the respective agencies. A Biological Review Team (Team), 
comprising staff from the Services, has compiled and analyzed available 
data. The Team prepared a report entitled ``Status Review for 
Anadromous Atlantic Salmon in the United States, January 1995'' which 
provides detailed information, discussion and references. This report 
is summarized below and is available upon request (see ADDRESSES).

Life History

    Anadromous Atlantic salmon have a relatively complex life history 
that extends from spawning and juvenile rearing in freshwater rivers to 
extensive feeding migration in the high seas. As a result, Atlantic 
salmon have several distinct phases in their life history that are 
identified by specific behavioral and physiological changes. Adult 
Atlantic salmon ascend the rivers of New England beginning in spring, a 
migration that peaks in June and continues into fall. Spawning occurs 
in late October through November. Good spawning habitat has a gravel 
substrate and adequate water circulation to keep eggs well oxygenated. 
Female anadromous Atlantic salmon produce between 1,500 and 1,800 eggs 
per kilogram (2.2 pounds) of body weight; on average each female Maine 
Atlantic salmon produces 7,200 eggs. Eggs hatch in late March or April 
and the resulting [[Page 14411]] alevin remain in the redd for about 6 
weeks and are nourished by their yolk sac. When alevin emerge from the 
gravel about mid-May and begin feeding, they are referred to as fry. 
Fry become parr as vertical bars become visible on the sides of their 
bodies. In spring, when the parr are 2 or 3 years of age and 12.5 
centimeters (cm) to 15 cm (5 to 6 inches (in.)) long, they undergo 
smoltification, a process where morphological and physiological changes 
prepare the smolt for the transition from fresh to salt water. Most 
smolts in New England migrate to sea in May and begin their ocean 
feeding migration.
    The marine life history of Atlantic salmon of U.S. origin is not as 
well understood as the freshwater phase. Scientists have discovered 
correlations between natural mortality in the marine environment and 
abiotic factors, particularly sea surface temperature. Atlantic salmon 
of U.S. origin are highly migratory, undertaking long marine migrations 
from the mouth of U.S. rivers to the northwest Atlantic Ocean where 
they are distributed seasonally over much of the region. Upon entry 
into the nearshore waters of Canada, the U.S. post-smolts become part 
of a mixture of stocks of Atlantic salmon from various North American 
streams. Data from commercial harvest indicate that post-smolts 
overwinter in the southern Labrador Sea and in the Bay of Fundy. Direct 
sampling during the winter months is needed to better understand post-
smolt Atlantic salmon distribution in the North Atlantic. Most Atlantic 
salmon of U.S. origin spend two winters in the ocean before returning 
to fresh water for spawning. Those that return after only 1 year at sea 
are called grilse.

Consideration as a ``Species'' Under the Act

    The Act defines species as ``any species of fish or wildlife or 
plants, and any distinct population segment of any species of 
vertebrate fish or wildlife that interbreeds when mature.'' This 
definition allows for the recognition of distinct population segments 
(DPSs) at levels below taxonomically recognized species or subspecies. 
Guidance on defining a DPS of a species under the Act has been provided 
by NMFS' ``Policy on Applying the Definition of Species under the 
Endangered Species Act to Pacific Salmon'' (56 FR 58612, November 20, 
1991). This Policy states that a Pacific salmon population will be 
considered distinct, and therefore a species under the Act, if it 
represents an evolutionarily significant unit (ESU) of the biological 
species. Because the structure of Atlantic salmon populations is 
similar to that of Pacific salmonids, the ESU approach currently used 
for the Pacific salmonids provides a practical framework for 
delineating DPSs of Atlantic salmon under the Act. Accordingly, the 
Team used the ESU approach to define DPSs of Atlantic salmon. To 
qualify as a DPS, a population (or group of populations) of indigenous 
Atlantic salmon must be reproductively isolated from conspecific 
populations and must be evolutionarily significant (i.e. contribute 
substantially to the ecological/genetic diversity of the species).
    Available scientific information indicates that naturally 
reproducing populations of Atlantic salmon in U.S. rivers are 
substantially reproductively isolated from those in Canada. Within the 
United States, Atlantic salmon populations have shown some evidence of 
straying but recolonization from adjacent watersheds is minimal. Gene 
flow between wild populations or stock transfers were determined not to 
have been sufficient to have eliminated all historic differences. As a 
group, these seven populations meet the criterion of reproductive 
isolation.
    The second criterion used was evolutionary significance, or the 
substantial ecological and genetic importance of a population(s) to the 
species as a whole. In salmonids, adaptations to local ecosystems are 
important to the survival of populations and the survival of the 
species throughout its range. Examination of U.S. populations of 
Atlantic salmon provides evidence of their distinctness from stocks in 
Canada and northern Europe.
    The Team categorized U.S. Atlantic salmon populations into three 
groupings: Extirpated, DPS and candidate species. A critical factor in 
determining the status of these populations was the historic 
persistence of a substantial component of natural reproduction. While 
it is unlikely that U.S. Atlantic salmon populations exist in a 
genetically pure native form, their continued presence in indigenous 
habitat suggests that important local adaptations still exist. The 
documented absence of wild Atlantic salmon from natal habitat for at 
least two generations (12 years) suggests the total loss of a native 
population under even the most conservative approach. Atlantic salmon 
populations in rivers south of the Kennebec River, Maine, were 
extirpated by the mid-1800's.
    The Team determined that the Atlantic salmon populations in the 
Sheepscot, Ducktrap, Narraguagus, Pleasant, Machias, East Machias and 
Dennys Rivers are reproductively isolated and, as a group, are of 
evolutionary significance. Therefore, the group meets the criteria for 
consideration as a ``species'' under the Act. The persistence of 
Atlantic salmon runs, and their link to native populations in the 
Kennebec River, Penobscot River, Tunk Stream, and St. Croix River are 
not well understood. Further study is warranted to determine whether 
Atlantic salmon in these rivers meet the criteria for consideration as 
``species'' under the Act.

Distribution and Abundance

    The original range of Atlantic salmon in the United States was from 
the Housatonic River in Connecticut north to U.S. tributaries of the 
St. Johns River in New Brunswick, Canada. The historic Atlantic salmon 
run in the United States has been estimated to have approached 500,000 
fish.
    The species began to disappear from U.S. rivers 150 years ago and 
currently only remnant populations occur in a limited number of rivers 
in Maine. Construction of hundreds of dams blocked salmon migration and 
reduced spawning habitat to a fraction of that available historically. 
Water pollution and overexploitation further reduced the abundance of 
Atlantic salmon. Indigenous Atlantic salmon in rivers south of the 
Kennebec River were extirpated by the mid-1800's. In addition, some 
populations north of the Kennebec River were also extirpated; most of 
these were in small rivers with less than 1 hectare (2.5 acres) of 
available nursery habitat. Beginning in the mid-1800's and continuing 
to the present time, numerous restoration efforts were undertaken. The 
Connecticut and Merrimack Rivers provided nearly 40 percent of historic 
U.S. Atlantic salmon habitat. These rivers are currently the focus of 
restoration efforts using nonindigenous stocks, and extensive efforts 
are being undertaken to gain access to historic habitat.
    The North American Salmon Working Group's NASWG method for 
estimating the escapement goal for adequate egg deposition for each 
river was used. Thus, an escapement goal was determined for each river 
and the return calculated as a percentage of the escapement goal. 
Throughout the past 24 years, the Dennys and Narraguagus Rivers have 
had the best returns relative to available habitat, averaging 20 
percent of escapement goal. The Pleasant, Sheepscot, and Machias Rivers 
have had returns that averaged between 10 and 12 percent of the 
escapement goal. However, recent downward trends in abundance have put 
most rivers at less than 10 percent of their respective 
[[Page 14412]] escapement goals. Only the Narraguagus River has 
exceeded 10 percent in the past 7 years.

Determination

    Section 4(b)(1)(a) of the Act requires that determinations of 
whether any species is threatened or endangered be based solely on the 
best scientific and commercial information available after conducting a 
status review of the species. The Services have evaluated the status of 
U.S. Atlantic salmon and determined that available biological evidence 
indicates that listing the Atlantic salmon as endangered throughout its 
historic range in the contiguous United States is not warranted. 
However, the Services have determined that sufficient information is 
available to support appropriate listing actions for the DPS that 
consists of populations in the Sheepscot, Ducktrap, Narraguagus, 
Pleasant, Machias, East Machias and Dennys Rivers. This DPS is 
designated as a Category 1 candidate by FWS, and a candidate species by 
NMFS. In addition, the Services have found that the status of salmon in 
the Kennebec River, Tunk Stream, Penobscot River and the St. Croix 
River is uncertain and warrants further study. Therefore, the Atlantic 
salmon in these rivers are to be designated category 2 candidates by 
FWS and candidate species by NMFS. Work on a proposed rule to initiate 
the appropriate listing actions under the Act is underway and the 
proposed rule will be published promptly.

    Author: The primary author of this document is Susan Lawrence of 
FWS (see ADDRESSES). Editorial comments were provided by Michael 
Amaral, FWS, 22 Bridge Street, Concord, New Hampshire 03301, and 
Joseph McKeon, FWS, Federal Building, Room 124, Laconia, New 
Hampshire 03246.

    Authority: The authority citation for this action is the 
Endangered Species Act (16 U.S.C. 1531 et seq.).

    Dated: March 10, 1995.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, NMFS.

    Dated: March 10, 1995.
Mollie H. Beattie,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 95-6611 Filed 3-16-95; 8:45 am]
BILLING CODE 4310-55-P