[Federal Register Volume 60, Number 239 (Wednesday, December 13, 1995)]
[Notices]
[Pages 64070-64073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30485]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
Draft Policy for Conserving Species Listed or Proposed for
Listing Under the Endangered Species Act While Providing and Enhancing
Recreational Fisheries Opportunities; Request for Public Comment
AGENCIES: Fish and Wildlife Service, Interior; National Marine
Fisheries Service, NOAA, Commerce.
[[Page 64071]]
ACTION: Notice of policy; Request for public comments.
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SUMMARY: The Fish and Wildlife Service and the National Marine
Fisheries Service (Services) propose to issue a policy that will
address the conservation needs of species listed, or proposed to be
listed, under the Endangered Species Act of 1973, as amended (ESA)
while providing for the continuation and enhancement of recreational
fisheries. This proposed policy identifies measures the Services will
take to ensure consistency in the administration of the Endangered
Species Act of 1973, as amended between and within the two agencies,
promote collaboration with other Federal, State, and Tribal fisheries
managers, and improve and increase efforts to inform nonfederal
entities of the requirements of the ESA while enhancing recreational
fisheries. This policy meets the requirements set forth in Section 4 of
Executive Order 12962, Recreational Fisheries.
DATES: Comments on this proposed draft policy must be received on or
before February 12, 1996 in order to be considered in the final
decision on this proposed policy.
ADDRESSES: Comments and materials concerning this proposal should be
sent to the Chief, Division of Endangered Species, U.S. Fish and
Wildlife Service, 4401 North Fairfax Drive, Room 452, Arlington,
Virginia 22203 (telephone 703/358-2171), or the Chief, Endangered
Species Division, National Marine Fisheries Service, 1315 East-West
Highway, Silver Spring, Maryland 20910 (telephone 301/713-1401).
Comments and materials received will be available for public
inspection, by appointment, during normal business hours in Room 452,
4401 North Fairfax Drive, Arlington, Virginia 22203 (703/358-2171).
FOR FURTHER INFORMATION CONTACT:
E. LaVerne Smith, Chief, Division of Endangered Species, U.S. Fish and
Wildlife Service (703/358-2171), or Russell Bellmer, Chief, Endangered
Species Division, National Marine Fisheries Service (301/713-1401) at
the respective addresses.
SUPPLEMENTARY INFORMATION:
Background
The ESA specifically charges the Secretaries of the Interior and
Commerce with the responsibility to identify, protect, manage, and
recover species of plants and animals in danger of extinction. The ESA
also specifically identifies the protection and conservation of
ecosystems upon which federally listed species depend as among the
legislation's purposes (16 U.S.C. 1531(i).
In addition to the ESA, many Federal laws recognize the importance
of aquatic resources (e.g., Fish and Wildlife Act of 1956, Fish and
Wildlife Coordination Act, Anadramous Fish Conservation Act, Federal
Water Project Recreation Act, Federal Aid in Sport Fish Restoration
Act, National Wildlife Refuge System Administration Act of 1966,
Magnuson Fishery Conservation and Management Act, Marine Sanctuaries
Act, Coastal Zone Management Act, National Recreation Act of 1962,
National Environmental Policy Act). These laws outline the roles of
several Federal agencies to protect, restore, and conserve aquatic
resources, and to provide for and enhance fisheries and other
recreational uses; some apply only to activities undertaken, permitted,
licensed, or funded by a Federal agency.
Most of North America's aquatic environments and biological
communities have been significantly altered by human impacts. Degraded
habitats have reduced the capacity of aquatic ecosystems to support
former diversity and abundance of native fish and other freshwater
species. Degraded and altered habitats are among the most commonly
cited causes of population extirpation and decline among federally
protected endangered and threatened aquatic species. Likewise, losses
of suitable aquatic habitats have resulted in significant declines
among many native sport and non-game species of fish and other aquatic
organisms.
As of November 1, 1995, within the United States, 105 species of
fish and 57 species of clams/mussels are on the Federal threatened or
endangered species list (50 CFR 17.11 & 17.12). Approximately 36
percent of the fishes, 64 percent of the crayfishes, and 69 percent of
the freshwater mussels in the United States are considered imperiled or
extinct (Data from the National Network of Natural Heritage Programs
and Conservation Data Centers and The Nature Conservancy, Eastern
Regional Office, Boston, Massachusetts).
The Services recognize that fishery resources and aquatic
ecosystems are integral components of our heritage and play an
important role in the Nation's social, cultural, and economic well-
being. Annually, approximately 50 million anglers spend $24 billion
directly on tackle, equipment, food and lodging, and other fishing-
related expenses. The total economic output (wholesale, retail,
manufacturing, and supply of goods and services) stimulated by angler
spending exceeded $69 billion in 1991. Those expenditures generated
over $2.1 billion in Federal tax revenues, and provided employment for
approximately 1.3 million people nationwide.
Historically, resource managers did not fully understand the
effects of some management actions on ecosystems. Habitat alteration
and degradation, heavy fishing pressure, and introduction of non-native
species often resulted in unexpected negative impacts to other
ecosystems components. As today's managers realize more fully the
impacts of their actions, they also realize that they must be more
cautious in what activities they prescribe in natural ecosystems. The
benefits gained by some actions may be paid for with losses to non-
target species or habitats. This has led to potential conflicts between
efforts to conserve native species and their communities, and
obligations to maintain and enhance recreational fishing opportunities.
These issues have been of particular concern where the Services'
responsibilities for both recreational fisheries and recovery of
federally protected species are perceived to be opposed or mutually
exclusive.
The present altered condition of many aquatic ecosystems limits
their ability to support fish and other aquatic organisms. Successful
future management of the Nation's aquatic resources must become more
focused on an ecosystem approach to management that recognizes multiple
uses of aquatic systems. Management of biological resources must be
based on a sound scientific understanding of species' life histories,
habitat requirements, and ecosystem processes. Resource managers and
administrators must recognize the intrinsic, aesthetic, recreational,
and economic importance of these same resources and assess their
ability to meet the needs and desires of a variety of interests.
Successful future management of aquatic resources requires substantive
cooperative partnerships and a willingness to resolve differences among
the Services and other Federal agencies, States, Native American
governments, and private stakeholders. Such cooperation and problem
solving must be based on a framework of mutually recognized concerns
and common goals developed by all the stakeholders in a given area.
On June 7, 1995, President Clinton issued Executive Order 12962,
Recreational Fisheries. That order requires Federal agencies, to the
extent permitted by law and where practical, and in cooperation with
States and Tribes, to improve the quantity, function, sustainable
productivity, and distribution of U.S. aquatic resources for
[[Page 64072]]
increased recreational fishing opportunities. Among other actions, the
order requires all Federal agencies to aggressively work to promote
compatibility and reduce conflict between administration of the ESA and
recreational fisheries.
Policy
The Services recognize the primary responsibility of State and
Native American governments for the protection and management of fish,
wildlife, and plant resources within their jurisdictions. The Services'
policy is to work closely with the States and other stakeholders to
minimize and resolve conflicts between implementation of the ESA and
activities to enhance recreational fisheries. This will be accomplished
through cooperative partnerships with other Federal agencies, State and
local governments, Native American governments, recreational fisheries
interests, conservation organizations, industry, and other interested
recreational fisheries stakeholders. Activities to be undertaken by the
Services with respect to implementation of the ESA include the
following general areas:
1. The Services will increase efforts to work with all stakeholders
in a given area to develop mutually understood and accepted goals and
objectives among the involved Federal agencies, States, Native American
governments, and affected recreational fisheries interests for the
conservation of listed species by:
A. Ensuring consistency in ESA implementation between and within
the Services;
B. Promoting cooperative interaction with other Federal agencies,
States, Native American governments, and recreational fisheries
stakeholders at appropriate organizational levels in implementing the
ESA;
C. Promoting collaboration and information sharing among other
Federal agencies, States, Native American governments, and recreational
fisheries stakeholders;
D. Coordinating with all affected partners throughout the decision-
making processes on federally listed species issues that may affect
recreational fisheries; and
E. Improving and increasing efforts to inform non-Federal entities
of the requirements of the ESA with particular reference to Sections 4,
7, 9, and 10.
2. The Services will encourage participation of other Federal
agencies, States, Native American governments, and affected
recreational fisheries stakeholders in developing, implementing, and
reviewing actions identified in approved recovery plans for listed
species by:
A. Involving other Federal agencies, States, Native American
governments, recreational fisheries stakeholders in recovery planning
and implementation;
B. Encouraging proactive conservation, restoration, and improvement
projects on public and private lands and waters to conserve federally
listed or proposed aquatic species and to support, when possible,
similar measures to prevent further decline of species and loss of
habitat in order to preclude the need to list additional species under
the ESA;
C. Supporting management practices that are consistent with
recovery objectives and compatible with existing recreational
fisheries;
D. Identifying priorities for the restoration of aquatic habitats
needed to conserve and recover federally listed and proposed species
and, working to concurrently to support increased recreational fishing
opportunities to the maximum extent possible;
E. Encouraging management actions that protect and conserve aquatic
habitats, ecological processes and the diversity of aquatic
communities;
F. Coordinating the reintroduction of listed species into former
habitats within the species' historical range with other Federal
agencies, States, and Native American governments, and other interested
or affected entities, including recreational fisheries interests;
G. Evaluating the potential impacts of proposed introductions of
non-indigenous species or hybrids in drainages supporting federally
listed or proposed species. Such introductions must be based on
management plans incorporating sound genetics, disease control,
ecological principles, and listed species recovery objectives, as well
as recreational fisheries and other socio-economic objectives;
H. Ensuring the effectiveness of actions taken to recover listed
species by periodically evaluating, and adjusting conservation and
recovery strategies and actions accordingly to minimize adverse effects
on recreational fisheries where possible;
I. Eliminating unnecessary restrictions affecting recreational
fisheries. Priority will be given to reviewing restrictions on
recreational fisheries in areas currently unoccupied by a listed
species but within known historical range of the listed species, areas
unoccupied but designated as critical habitat, and areas that are not
viewed as essential to a listed species' recovery. The value of the
unoccupied areas as reintroduction sites for federally listed species
will be carefully evaluated and balanced with activities needed to
enhance recreational fisheries.
J. Encouraging States to become active participants in listed
aquatic endangered, threatened, and proposed species recovery through
Section 6 grants; and
K. Assisting the States and Native American governments in meeting
their recreational fishing goals.
3. The Services, in cooperation with other Federal agencies,
States, Native American governments, private organizations, and other
recreational fisheries stakeholders will provide the public with a
better understanding of the relationship between conservation and
recovery of federally listed and proposed species and recreational
fisheries by:
A. Involving the public in identifying opportunities to enhance
recreational fisheries while providing for the conservation of
federally listed species, and in identifying and implementing solutions
to aquatic systems degradation;
B. Informing the fishing and non-fishing public about the ESA. Such
efforts will include but not be limited to addressing topics such as
the incidental take of listed species, the use of 4(d) rules, habitat
conservation planning, and other adaptive conservation tools; and
C. Assisting to identify and provide, contingent on appropriations,
priorities, and other constraints, comparable alternative recreational
opportunities when existing recreational fisheries opportunities are
altered or curtailed to meet objectives for conservation of federally
listed or proposed species.
4. In order for the Services to meet particular mandates to
conserve federally endangered, threatened, or proposed species while
providing and enhancing recreational fisheries opportunities, the
Services will:
A. Work with the recreational fisheries community in evaluating
accomplishments, including those of the Services, toward meeting the
prescriptions of this policy; and
B. Restore and enhance aquatic habitats to conserve Federal
endangered, threatened, and proposed species and increase recreational
fishing opportunities on Federal lands, consistent with agency
missions, authorities, and as described in various agency strategic
plans and initiatives contingent on appropriations, priorities, and
other constraints.
[[Page 64073]]
Scope of Policy
This draft policy applies to all pertinent organizational elements
of the Services and includes all efforts funded, authorized, or carried
out by the Services relative to recreational fisheries and
implementation of the ESA.
Public Comments Solicited
The Services intend that any final policy be accurate and effective
and take advantage of information and recommendations from all
interested parties. Therefore, the Services solicit comments and
suggestions from the public, other concerned governmental agencies, the
scientific community, industry, or any other interested party. The
final decision on this policy will take into consideration any comments
and any additional information received by the Services, and may lead
to a policy that differs from this draft. The Services' decision will
be published for public information
Author/Editor
The editors of this draft policy are David Harrelson of the Fish
and Wildlife Service's Division of Endangered Species, Mail Stop 452
ARLSQ, 1849 C Street, NW, Washington, DC 20240 (703/358-2171), Bob
Batky of the Fish and Wildlife Service's Division of Fish Hatcheries,
Mail Stop 832 ARLSQ, 1849 C Street, NW, Washington, DC 20240 (703/358-
1715), and Marta Nammack of the National Marine Fisheries Service's
Endangered Species Division, 1315 East-West Highway, Silver Spring,
Maryland 20910 (301/713-1401).
Authorities
Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1544),
Fish and Wildlife Act of 1956 (16 U.S.C. 742a-742j), Fish and Wildlife
Coordination Act (16 U.S.C. 661-667e), Federal Water Project Recreation
Act (16 U.S.C. 460 (L)(12)-460(L)(21), Federal Aid in Sport Fish
Restoration Act (16 U.S.C. 777-777k), Anadromous Fish Conservation Act
(16 U.S.C. 757a-757g), Magnuson Fishery Conservation and Management Act
(16 U.S.C. 1801-1862), National Environmental Policy Act of 1969 (42
U.S.C. 4321-4347).
Dated: December 1, 1995.
Mollie H. Beattie,
Director, U.S. Fish and Wildlife Service, Department of the Interior.
Dated: December 4, 1995.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries
Service, National Oceanic and Atmospheric Administration, Department of
Commerce.
[FR Doc. 95-30485 Filed 12-11-95; 2:13 pm]
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