[Federal Register Volume 62, Number 243 (Thursday, December 18, 1997)]
[Proposed Rules]
[Pages 66325-66338]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33042]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 227 and 425

[I.D. 950214048-7291-03]

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Parts 17 and 425

RIN 1018-AD12


Endangered and Threatened Wildlife and Plants; Withdrawal of 
Proposed Rule to List a Distinct Population Segment of Atlantic Salmon 
(Salmo Salar) as Threatened

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

ACTION: Proposed rule; withdrawal.

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SUMMARY: The National Marine Fisheries Service (NMFS) and the U.S. Fish 
and Wildlife Service (FWS), collectively the Services, withdraw the 
September 29, 1995, proposed rule (60 FR 50530) to list a distinct 
population segment (DPS) of Atlantic salmon (Salmo salar) in seven 
Maine rivers as threatened under the Endangered Species Act (Act) of 
1973, as amended (16 U.S.C. 1531 et seq.). This decision is based on an 
evaluation of the best scientific data available and consideration of 
ongoing and planned actions by State and Federal agencies and private 
entities including the development by the State of Maine of the 
Atlantic Salmon Conservation Plan for Seven Maine Rivers (Conservation 
Plan).

ADDRESSES: National Marine Fisheries Service, Northeast Region, 
Protected Resources Division, One Blackburn Drive, Gloucester, MA 
01930; U.S. Fish and Wildlife Service, Region 5, Endangered Species 
Division, 300 Westgate Center Drive, Hadley, MA 01035.

FOR FURTHER INFORMATION CONTACT: Mary Colligan (NMFS) at 978/281-9116 
or Paul Nickerson (FWS) at 413/253-8615.

SUPPLEMENTARY INFORMATION:

Background

    Information on the life history, distribution and abundance of U.S. 
Atlantic salmon can be found in the proposed rule published in the 
Federal Register on September 29, 1995 (60 FR 50530).

Previous Federal Action

    Atlantic salmon populations in the Dennys, Machias, East Machias, 
Narraguagus, and Pleasant rivers were designated as category 2 
candidate species by the FWS on November 21, 1991 (56 FR 58804). 
Category 2 candidates, a designation discontinued in a Notice of Review 
published by the FWS on February 28, 1996 (61 FR 7596), were taxa for 
which information in possession of the FWS indicated that proposing to 
list as endangered or threatened was possibly appropriate but for which 
conclusive data on biological vulnerability and threats were not 
currently available. On October 1, 1993, the Services received a 
petition from RESTORE: The North Woods, the Biodiversity Legal 
Foundation, and Jeffrey Elliott to list anadromous Atlantic salmon 
throughout its known historical range in the United States. The 
Services published a notice of their 90-day finding on January 20, 1994 
(59 FR 3067), stating that the petition presented substantial 
information indicating that the requested action may be warranted. A 
biological review team conducted a status review and prepared a draft 
report entitled ``Status Review for Anadromous Atlantic Salmon in the 
United States, January 1995'' (Status Review) (FWS and NMFS 1995). On 
March 17, 1995, the Services published a notice of their 12-month 
finding (60 FR 14410) stating that available biological evidence 
indicated that the species described in the petition did not meet the 
definition of a ``species'' under the Act. Consequently, the Services 
concluded that the petitioned action to list Atlantic salmon throughout 
its historical range within the United States was not warranted. 
However, the Services did find that sufficient information was 
available to support a listing action for a DPS comprised of seven 
river populations of Atlantic salmon in Maine (the seven rivers DPS) 
and stated that preparation of a proposed rule to list this DPS had 
begun.
    On September 29, 1995, the Services published a proposed rule to 
list the seven rivers DPS of Atlantic salmon as threatened (60 FR 
50530) (hereafter referred to as ``the proposed rule''). Pursuant to 
section 4(d) of the Act, the proposed rule (60 FR 50530) offered the 
State of Maine an opportunity to develop a Conservation Plan to retain 
the lead for the species' recovery. The Services reopened their comment 
period on the proposed rule (60 FR 50530) on August 27, 1996 (61 FR 
44032), to announce three public hearings which were held in Maine in 
September of that

[[Page 66326]]

year. The State prepared and circulated a draft Conservation Plan and 
sought public input at hearings also held in September 1996. The State 
submitted the final Conservation Plan to the Services on March 5, 1997, 
and made it available for public comment. The Services again reopened 
their comment period on May 23, 1997 (62 FR 28413), to invite comments 
on the Conservation Plan and on other information that had become 
available after the publication of the proposed rule (60 FR 50530).

Consideration as a ``Species'' Under the Act

    The term ``species'' is defined by section 3(15) of the Act as 
including ``any subspecies of fish or wildlife or plants, and any 
distinct population segment of any species of vertebrate fish or 
wildlife that interbreeds when mature.'' In the proposed rule (60 FR 
50530), the Services stated that Atlantic salmon populations in the 
Sheepscot, Ducktrap, Narraguagus, Pleasant, Machias, East Machias and 
Dennys rivers (the seven rivers) comprised one DPS (the seven rivers 
DPS). Also in the proposed rule (60 FR 50530), Atlantic salmon 
populations in the Kennebec River, Penobscot River, St. Croix River, 
and Tunk Stream were designated as category 2 candidate species by the 
FWS and as candidate species by NMFS until investigations into the 
presence and persistence of native Atlantic salmon populations within 
these rivers could be conducted.
    On February 7, 1996, the Services published a national policy (the 
Services' DPS policy) (61 FR 4722) to clarify their interpretation of 
the phrase ``distinct population segment of any species of vertebrate 
fish or wildlife'' for the purposes of listing, delisting, and 
reclassifying species under the Act. The policy identified the 
following three elements to be considered in deciding whether to list a 
possible DPS as endangered or threatened under Act: The discreteness of 
the population segment in relation to the remainder of the species or 
subspecies to which it belongs; the significance of the population 
segment to the species or subspecies to which it belongs; and the 
conservation status of the population segment in relation to the Act's 
standards for listing.

Discreteness of the Population Segment

    According to the Services' DPS policy, a population segment may be 
considered discrete if it satisfies either one of the following 
conditions: it is markedly separated from other populations of the same 
taxon as a consequence of physical, physiological, ecological, or 
behavioral factors; or it is delimited by international governmental 
boundaries across which there is a significant difference in control of 
exploitation, management of habitat, or conservation status. 
Mitochondrial DNA and microsatellite DNA data obtained through an 
ongoing peer-reviewed genetic study by the U.S. Geological Survey--
Biological Resources Division (USGS-BRD) demonstrate that North 
American Atlantic salmon stocks are reproductively isolated and 
genetically distinct from European stocks (King, et al. 1997). 
Differences within the North American complex are less clear, but due 
to differences in management and conservation programs between the 
United States and Canada, U.S. Atlantic salmon populations are 
considered to be discrete for the purposes of the Act. Management and 
conservation programs in the United States and Canada have similar 
goals, but differences in legislation and policy support the use of the 
United States/Canada international boundary as a measure of 
discreteness.

Significance of the Population Segment

    The Services' DPS policy states that the consideration of the 
significance of the population segment to the taxon to which it belongs 
may include, but is not limited to, the following: Persistence of the 
discrete population in an ecological setting unusual or unique for the 
taxon; evidence that the loss of the discrete population segment would 
result in a significant gap in the range of a taxon; evidence that the 
discrete population segment represents the only surviving natural 
occurrence of a taxon that may be more abundant elsewhere; or evidence 
that the discrete population segment differs markedly from other 
populations of the species in its genetic characteristics.
    A critical factor in determining the significance of river 
populations of Atlantic salmon is the persistence of a substantial 
component of native stock reproduction. Results of the USGS-BRD 
genetics study (King, et al. 1997) provide a range-wide survey of 
mitochondrial and nuclear DNA variation in Atlantic salmon. Composite 
mitochondrial DNA haplotypes revealed a strong discontinuity between 
North American and European salmon. Gene flow estimates for both 
mitochondrial and nuclear DNA at the inter-continental scale were less 
than one migrant per generation, strongly indicating a major 
discontinuity between North American and European populations. Pair-
wise comparisons of microsatellite genotypes revealed evidence of some 
significant population subdivisions described by the researchers as 
worthy of management consideration. This is consistent with the 
Services' recommendation in the proposed rule (60 FR 50530) that 
Atlantic salmon populations should be managed on a river-by-river 
basis.
    The DPS proposed for listing by the Services consisted of those 
seven river populations in Maine for which the greatest evidence of the 
persistence of historical, river-specific characteristics having 
evolutionary significance could be found. The results of the USGS-BRD 
genetics study (King, et al. 1997) together with phenotypic traits, 
life history and habitat characteristics suggest that the seven rivers 
DPS could be expanded in the future. Because the possibility exists 
that additional populations could be added to the seven rivers DPS in 
the future, and for purposes of future conservation activities, the 
Services are renaming the seven rivers DPS the Gulf of Maine DPS. Other 
Atlantic salmon populations will be added to the Gulf of Maine DPS if 
they are found to be naturally reproducing and to have historical, 
river-specific characteristics. The area within which populations 
meeting these criteria for addition to the DPS would most likely be 
found is from the Kennebec River north to, but not including, the St. 
Croix River.
    The Services believe that the Atlantic salmon populations in Togus 
Stream, a tributary to the Kennebec River, and Cove Brook, a tributary 
to the Penobscot River, may warrant inclusion in the Gulf of Maine DPS. 
Further investigation of these and other extant river populations from 
the Kennebec River north to, but not including, the St. Croix River 
will continue in order to determine if they meet the criteria for 
inclusion in the DPS. Populations that resulted primarily from 
colonization by fish unintentionally released or by fish which escaped 
from commercial aquaculture operations will not be included in the Gulf 
of Maine DPS; populations that resulted from private or public hatchery 
stockings where the broodstock did not originate from populations 
within the range of the Gulf of Maine DPS also will not be included.

Summary of Comments and Responses

    The Services held three public hearings in Maine in September 1996 
to solicit comments on the proposed listing determination for the seven 
rivers DPS of Atlantic Salmon. Over 150 individuals attended the 
hearings, and the Services received additional written comments on the 
proposed rule (60 FR 50530) from the State, Federal, and local 
government agencies, Indian tribes, non-governmental organizations, the

[[Page 66327]]

scientific community, and other individuals. In accordance with policy 
published on July 1, 1994 (59 FR 34270), the Services requested 
scientific peer review of the proposed rule (60 FR 50530) and draft 
Status Review and received comments from 15 reviewers. In addition, on 
March 25, 1997, the Services sent available genetics information to 23 
individuals for scientific peer review and received comments from 15 
reviewers. The comment period on the proposed rule (60 FR 50530) was 
reopened in May 1997 to allow public review and comment on additional 
information, including the Conservation Plan, that had become available 
since the publication of the proposed rule (60 FR 50530). Following is 
a summary of the major issues identified in public comments and the 
Services' responses to those issues.

Issue 1: Accuracy and Sufficiency of Scientific Data

    Comment: A few individuals stated that the biological data used was 
flawed and that, in fact, the salmon population is sufficiently large 
and growing. Other commenters stated that the stocks are declining and 
cited habitat degradation as a potential cause. The primary area of 
disagreement concerning the availability and assessment of data 
surrounded the issue of delineation of the DPS and, in particular, the 
role of genetic information in making that determination.
    Response: The Act requires that listing determinations be made on 
the basis of a population's status which is determined by utilizing the 
best available scientific and commercial data, with consideration being 
given to State and foreign efforts to protect such species. Data on 
species distribution and abundance is provided each year by the U.S. 
Atlantic Salmon Assessment Committee (USASAC), and additional 
information specific to the seven watersheds is provided in field 
activity reports prepared jointly by the FWS and the Maine Atlantic 
Salmon Authority (ASA). To specifically address concerns raised over 
the delineation of the DPS and the role of genetic information in that 
determination, the Services sent out the genetics section of the draft 
Status Review and a State-prepared genetics report (Maine Atlantic 
Salmon Task Force 1996) for an additional peer review. Many of these 
reviewers stated a desire for additional information; however, many 
supported the Services' proposal given the existing information. Many 
reviewers acknowledged that the USGS-BRD genetics report (King, et al. 
1997) contains the most comprehensive analysis ever conducted of U.S. 
Atlantic salmon populations. Some reviewers posed questions regarding 
the sampling and collection methodology and the statistical analysis of 
the results. These comments have been provided to the authors of the 
report to be addressed during preparation of the final report. The 
Services believe that, due to the nature of these comments, the results 
of the study will not be changed in a way which would affect the 
decision to withdraw the proposed rule (60 FR 50530).
    Detailed assessments have been conducted in the Narraguagus River 
to document the extent to which Atlantic salmon mortality in the 
freshwater phase of the salmon's life cycle may be responsible for the 
declines in adult abundance first observed in the mid-1980's (FWS and 
NMFS 1995). One of the specific objectives of this research was to 
determine the abundance and age structure of the adult and juvenile 
Atlantic salmon populations. This study concluded that rearing habitats 
in the Narraguagus River, although not pristine, are in good condition 
and capable of supporting robust juvenile salmon populations. 
Macroinvertebrate population data also suggest that freshwater habitats 
are in good condition, with diversity and abundance indices similar to 
those obtained 20 years earlier (FWS and NMFS 1995). Water chemistry 
data indicate that the mainstem Narraguagus River has adequate water 
quality to support juveniles, and contaminant sampling data suggest 
that most chemicals used in blueberry culture and forestry are not 
detected in the fish or waters of the Narraguagus River (ASA 1997).
    In 1992, native Atlantic salmon parr (young salmon in freshwater) 
were collected from the Dennys, Machias and Narraguagus rivers to be 
raised to maturity and used as broodstock. Adults that were produced by 
this program were released back into their rivers of origin in June and 
October 1996. Redd (spawning bed) counts on all three rivers indicated 
a surplus of redds relative to known returning sea run adults 
suggesting that reconditioned hatchery broodstock spawned successfully.

Issue 2: Delineation of the Seven Rivers DPS

    Comment: Some commenters expressed the opinion that all Atlantic 
salmon in New England are artificial and have been affected so greatly 
by hatchery practices that no aboriginal Atlantic salmon remain. They 
stated that these populations did not qualify for consideration for 
protection under the Act due to this mixed heritage. Some commenters 
stated that the Services were abusing their authority under the Act by 
making such a proposal. Other commenters stated that protection under 
the Act should be considered for all stocks in rivers that historically 
contained Atlantic salmon.
    Response: The Services' DPS policy (61 FR 4722) and its application 
to Atlantic salmon is explained in the section of this notice entitled 
``Consideration as a `Species' Under the Act.'' The Services note that, 
in addition to the information presented in that section, the results 
of the recently completed USGS-BRD genetics study (King, et al. 1997) 
do not support the claim that Atlantic salmon have been homogenized by 
migration, stocking and/or aquaculture operations. Analysis of the most 
current information on genetics, life history and stock assessment 
provides very strong evidence that the North American Atlantic salmon 
population is discrete and significant.

Issue 3: Appropriateness of Listing at This Time

    Comment: Some commenters urged the Services to delay the decision 
whether to list in order to allow more time for the river-specific 
rearing program to work, and some suggested that more time should be 
allowed for the Conservation Plan to be implemented. Others recommended 
that the Services immediately list Atlantic salmon and designate 
critical habitat.
    Response: The Act requires the Services to make listing 
determinations based on the biological status of the species and 
consideration of State and international efforts being made to protect 
it. Although adult returns to the seven rivers remain low and average 
less than 10 percent of the escapement goal (the number of adult 
returns sufficient to fully seed the habitat), collection of fish and 
the subsequent stocking of their progeny, as explained in the proposed 
rule (60 FR 50530), has resulted in substantially higher juvenile 
counts. Also, projections of marine survival have improved steadily 
since 1994 (International Council for Exploration of the Seas (ICES) 
1997). In addition, as explained in detail in the section of this 
notice entitled ``Efforts to Protect Maine Atlantic Salmon,'' the 
Services have determined that protection efforts have substantially 
reduced the level of threat to the DPS. Consequently, the Services have 
concluded that the DPS is not likely to become endangered within the

[[Page 66328]]

foreseeable future and that, therefore, listing is not justified at 
this time.

Issue 4: Adequacy of Existing Conservation Measures and Regulatory 
Mechanisms

    Comment: Many commenters expressed the opinion that existing 
regulations were more than adequate to provide protection to Atlantic 
salmon. Some asserted that the factor most responsible for the species' 
decline was marine survival and suggested that, since this was not a 
controllable factor, nothing was to be gained by listing the species. 
Other commenters expressed concern about the State of Maine acquiring 
management authority stating that Maine had a history of ineffective 
management of Atlantic salmon. They argued for increased Federal 
involvement through a listing action.
    Response: The Services agree that there are a number of existing 
conservation measures and regulatory mechanisms in place to protect 
Atlantic salmon. Those conservation measures and regulatory mechanisms 
are discussed in more detail in the ``Summary of Factors Affecting the 
Species'' and the ``Efforts to Protect Maine Atlantic Salmon'' sections 
of this notice. It is important to note that the Services have been, 
and will continue to be, closely involved in the management of Atlantic 
salmon in Maine, as well as throughout the rest of New England. The 
Services do not agree that Maine has a history of ineffective 
management of Atlantic salmon. The Status Review does state that the 
recreational harvest of the 1970's was likely too high but that, 
subsequently, restrictions were placed on the fishery, and currently 
only catch and release fishing is permitted. The Services also reviewed 
past management measures to determine their role, if any, in the 
species' decline. Current management measures were reviewed for their 
ability to protect and assist with the recovery of Atlantic salmon 
populations. The Services have determined that existing State 
regulations and management measures, together with additional efforts 
outlined in the Conservation Plan, sufficiently protect the species 
during the portion of its life cycle spent in Maine waters and will 
facilitate its continued improvement.

Issue 5: Economic Ramifications of Listing Atlantic Salmon as 
Endangered

    Comment: Many individuals stated that listing would add more 
government regulations that would cripple local economies. Concerns 
were raised over potential ramifications to forestry, aquaculture and 
agriculture. Other commenters cited economic benefits of successful 
salmon restoration.
    Response: The Act does not allow the Services to consider economics 
in making listing determinations. The Act does require Federal agencies 
to consult with the Services on any action they undertake, fund or 
authorize which may affect a proposed or listed species. In the 
majority of cases, these consultations do not slow or halt project 
planning and construction. The Services agree that there are many 
benefits, including economic benefits, to Atlantic salmon restoration.

Issue 6: Effects of Agriculture on Atlantic Salmon

    Comment: Commenters provided a broad range of views regarding the 
relationship between agricultural practices and Atlantic salmon. Some 
stated that agricultural practices do not threaten Atlantic salmon. 
Some of the same commenters expressed concern that listing Atlantic 
salmon would have negative effects on agriculture. Finally, a few 
commenters stated that erosion, pesticide run-off, and water withdrawal 
associated with agriculture are contributing to the decline of the 
species.
    Response: The Services examined the potential impact of 
agricultural practices on Atlantic salmon in the draft Status Review 
and concluded that current agricultural practices do not pose a major 
threat to Atlantic salmon. In response to the proposed rule (60 FR 
50530), the Governor of Maine formed a Task Force to address the 
decline of Atlantic salmon in the State. The Agriculture Working Group 
of the Task Force conducted an in-depth analysis of the relationship 
between agricultural practices and Atlantic salmon protection and 
recovery. This group identified a number of potential threats including 
water use, non-point source pollution and peat mining. The group also 
cited the increased interest in cranberry cultivation in the seven 
watersheds as a potential threat. The sections of this notice entitled 
``Summary of Factors Affecting the Species'' and ``Efforts To Protect 
Maine Atlantic Salmon'' discuss ongoing and proposed actions to address 
threats from agriculture.

Issue 7: Effects of Recreational Fishing on Atlantic Salmon

    Comment: Many commenters stated that recreational fishing does not 
threaten Atlantic salmon populations and some suggested that, if a 
listing resulted in the termination of a recreational fishery, the 
support of anglers for salmon recovery would be lost.
    Response: In the proposed rule (60 FR 50530), the Services stated 
that multi-sea-winter fish (fish which have spent two or more winters 
at sea) could incur some mortality from catch and release fishing and 
that parr could be vulnerable to incidental hooking mortality or 
illegal harvest by trout anglers. The Services also expressed some 
concern over the potential for poaching. In the past the recreational 
harvest of Atlantic salmon had the potential to negatively impact 
species abundance, however, there is no legal harvest in Maine at this 
time. In the Conservation Plan, the State of Maine has imposed further 
restrictions on the catch and release fishery for Atlantic salmon to 
reduce or eliminate the potential for adverse impacts to salmon by 
restricting the season, area and gear to be used. In addition, the 
State has imposed restrictions on recreational trout fishing to address 
concerns over impacts from incidental catch. To improve compliance with 
these new regulations, the State has added two seasonal wardens and has 
recommended increased fines for violations.
    During their review of the Conservation Plan, the Services 
requested that the State further define biological parameters for the 
catch and release fishery by identifying conditions under which a river 
may be closed and by describing monitoring or assessment efforts. The 
State has subsequently informed the Services that the Maine Technical 
Advisory Committee (TAC) is being requested to recommend to the ASA the 
appropriateness of catch and release fishing on each river. The ASA 
will then take this recommendation through a public hearing process and 
promulgate regulations. The TAC was advised to consider the following 
factors: Parr densities at index sites; sea temperature index developed 
for the North American Salmon Conservation Organization (NASCO); 
returns of adults or redd counts; availability of hatchery fry; and 
incidental mortality related to catch and release. The State has 
informed the Services that estimates of actual returns (numbers of 
adult salmon returning to their rivers of origin) would be compared to 
minimum biologically acceptable limits of spawners (spawning adult 
salmon) to determine the feasibility of catch and release for any given 
season. The Services are satisfied with this proposed plan of action 
and as members of the TAC will have an active role in the development 
of specific criteria.

[[Page 66329]]

Issue 8: Effects of Aquaculture on Wild Atlantic Salmon

    Comment: There was a wide range of opinions expressed concerning 
the effects of aquaculture on wild Atlantic salmon populations. Some 
commenters felt that aquaculture has negative impacts, whereas others 
stated that aquaculture does not threaten wild salmon populations and 
could in fact aid restoration or rehabilitation of wild populations 
through breeding and stocking programs. Finally, some commenters 
expressed concern that listing would have negative impacts on the 
aquaculture industry.
    Response: Through the Aquaculture Working Group of the Task Force, 
the Services and the aquaculture industry have identified industry 
practices that could impact wild populations. Strategies to mitigate or 
eliminate these potential impacts have been identified and are being 
implemented. The Maine Aquaculture Association is working with the 
University of Maine and representatives of the industry to develop a 
biosecurity code that will incorporate both a loss control code of 
practice and a fish health code. These codes will reduce the potential 
for genetic and health impacts to wild stocks. The Services will 
continue to monitor the development and implementation of these codes.
    The aquaculture industry is conducting further investigations into 
marking of cultured stock and is experimenting with the commercial 
culture of sterile triploids. The aquaculture industry, in an effort to 
actively participate in salmon recovery, has accepted river-specific 
eggs for 2 years and is raising those eggs to smolts (sub-adults) and/
or adults to be released back into their rivers of origin. The FWS has 
secured funds to construct weirs on three rivers that will aid in both 
wild stock management efforts and in culling aquaculture escapees.

Issue 9: Effects of Forestry on Atlantic Salmon

    Comment: Comments on forestry ranged from identifying forestry as 
having a negative impact on salmon recovery to stating that there is no 
proven link between forestry and the decline of salmon. Those who 
stated that forestry negatively impacts Atlantic salmon cited non-point 
source pollution and habitat degradation. Concerns were also raised 
over the potential economic ramifications of listing to the forestry 
industry.
    Response: In the draft Status Review and the proposed rule (60 FR 
50530), the Services cited forestry as a predominant land use in the 
central and northern coastal Maine watersheds. The Services concluded 
that while past forestry practices may have adversely affected salmon 
and their habitat, the regulatory mechanisms currently in place are 
sufficient to ensure that ongoing practices do not pose a major threat 
to the species. The Conservation Plan identifies potential impacts from 
forestry to include non-point source pollution, alteration of stream 
temperatures and hydrology, direct disturbance to habitat, and blockage 
of fish passage by deposition of woody debris. The Conservation Plan 
outlines a number of existing protective measures which address 
potential threats from forestry. These measures are discussed in detail 
in the section of this notice entitled ``Efforts to Protect Maine 
Atlantic Salmon.''

Issue 10: Effects of Hydroelectric Operations on Atlantic Salmon

    Comment: Many commenters stated that dams have played a major role 
in the reduction in range of Atlantic salmon and in the depressed 
levels of remaining populations. Others stated that dams are not 
responsible for the decline of salmon. Finally, a few expressed concern 
over the potential negative effects of a listing on the hydroelectric 
industry.
    Response: In the draft Status Review and the proposed rule (60 FR 
50530), the Services stated that the construction of dams was a major 
cause for the decline of U.S. Atlantic salmon. The rivers included in 
the seven rivers DPS do not have hydroelectric dams on them and, 
therefore, listing would not have impacted the hydroelectric industry.

Issue 11: Effects of Marine Survival on the Decline of Atlantic Salmon

    Comment: A few commenters stated that natural fluctuations in the 
marine environment are responsible for the decline of salmon and that, 
because these fluctuations could not be affected by listing, listing is 
not necessary.
    Response: As required by the Act, the determination as to whether a 
listing action is appropriate is based on the biological status of the 
species and consideration of State and international efforts to protect 
it. The Services considered all threats to the species including 
natural fluctuations in the marine environment in determining to 
propose the seven rivers DPS of Atlantic salmon as threatened and in 
deciding to withdraw the proposal.

Issue 12: Genetics Information

    Comment: The Service received comments from 15 individuals who 
conducted a scientific peer review of the genetics information. Most 
reviewers agreed it was difficult with the information available at 
that time to draw any conclusion regarding the correct delineation of a 
DPS. One reviewer stated that the metapopulation paradigm was more 
relevant than the stock concept as it emphasizes the inter-connections 
between population units within metapopulations and the multi-layered 
nature of the relationships among them (the metapopulation theory, in 
part, proposes that the loss of the species at one site can be 
compensated through reoccupation of the site from adjacent sites). In 
contrast, another reviewer pointed out, as evidence against the 
metapopulation theory, that populations tend to stay extirpated. In 
general, many reviewers desired more information, but most stated that 
if ``a substantial component of native genetic variation persists in 
the populations of the named rivers, they are presumably the last 
reservoirs of these genes, and hence deserving of the strongest 
possible protection.'' An additional reviewer agreed that there is no 
``pure'' native race of Atlantic salmon remaining but the remnant of 
mixed populations that does exist is all that is left of the original 
diversity of New England salmon.
    There was general agreement among reviewers that rivers south of 
Maine are not appropriate for listing because the original populations 
were extirpated, and current populations represent introductions of 
non-native stocks of mixed origin. One reviewer questioned the logic of 
excluding the Kennebec, Penobscot and St. Croix rivers from the DPS. 
This reviewer believed that, due to their size, these three rivers 
might become the last source of broodstock for stocking the seven 
rivers in the event the Atlantic salmon populations in the seven rivers 
DPS become extinct. Another reviewer argued that the populations in the 
Kennebec, Penobscot, and St. Croix rivers and Tunk Stream, which were 
designated as candidates by the Services in the proposed rule (60 FR 
50530), should be included in the seven rivers DPS. Some felt that the 
differences between U.S. and Canadian populations were overstated or 
exaggerated.
    Some comments specifically addressed the question of 
``significance'' and one reviewer stated that additional analyses of 
selectively neutral genetic variation would probably not be helpful for 
determining how to conserve and manage any adaptive variation that may 
reside in the rivers of Maine. Also, another reviewer stated that 
neutral markers do not reveal much about

[[Page 66330]]

significance. One reviewer offered an operational test of evolutionary 
value and suggested that if a climatic warming trend occurred, the 
Ducktrap River might be an appropriate source of broodstock for 
restocking rivers in the central part of the present species' 
distribution. This reviewer suggested that, putting genetics and 
statistics aside, if it is likely that a river population would be 
singled out to be used in the future as a source for restocking other 
rivers, then it should probably be preserved. Many reviewers emphasized 
the fact that Maine Atlantic salmon are at the southern extent of the 
species' range. One reviewer stated the following: ``The fact is that 
some salmon do continue to return to Maine's rivers in spite of all the 
difficulties put in their way. Furthermore, these fish hang on near the 
southern limits of the species' global range, in spite of the extreme 
nature of the environment and the challenges they must overcome.'' 
These reviewers believed that these facts supported the contention that 
Maine Atlantic salmon constitute a highly selected group (or DPS) 
uniquely suited to life in Maine's rivers.
    Some reviewers believed that the effects of hatcheries and stocking 
were adequately addressed in the draft Status Review, while others 
commented that more detail was needed. Most reviewers agreed that past 
extensive stocking raised concerns but was not conclusive evidence of 
the disruption or replacement of locally adapted native strains. Some 
commenters cited the suggestion in the State-prepared genetics report's 
(Maine Atlantic Salmon Task Force 1996) that the situation with 
Atlantic salmon is analogous to that with the lower Columbia River coho 
salmon for which both DPS status and Evolutionary Significant Unit 
(ESU) status was rejected due to the effects of stock transfers and 
hatchery propagation. One reviewer stated that this comparison was not 
appropriate as Columbia River coho lie in the middle of the species' 
range surrounded by populations that are less genetically compromised. 
Maine Atlantic salmon, on the other hand, are at the edge of the 
species' range. One reviewer offered his view that if a historical ESU 
can be identified with reasonable confidence (as is the case with Maine 
Atlantic salmon) there should be a presumption that it still remains 
unless there is a preponderance of evidence to indicate that it does 
not.
    Commenters on the most recent USGS-BRD genetics report (King, et 
al. 1997) generally were impressed with the volume of data contained 
and analyzed. All reviewers agreed that the results supported earlier 
studies clearly demonstrating a statistically significant genetic 
difference between North American and European populations of Atlantic 
salmon. There was no such consensus regarding the interpretation of 
results for populations within North America. Most reviewers agreed 
that delineation of U.S. and Canadian populations as two separate DPS's 
could not be justified based on these results; however, they pointed 
out that sampling of Canadian populations was too sparse to conclude 
that they were part of the same DPS.
    Response: The Services' carefully reviewed all of the available 
information concerning to the genetics of Atlantic salmon. The 
Services' identified the seven rivers DPS as a ``species'' under the 
Act in accordance with the Services' DPS policy (61 FR 4722). The 
Services' DPS policy and its application to the delineation of the 
seven rivers DPS (and the Gulf of Maine DPS) are described in the 
``Consideration as a `Species' Under the Act'' section of this notice.

Issue 13: The Conservation Plan

    Comments: Eleven letters of comment were received on the 
Conservation Plan. Seven of those were from State agencies and 
industries and organizations operating within the State which voiced 
enthusiasm and support for the Conservation Plan and encouraged the 
Services to accept the Conservation Plan and not list Atlantic salmon 
under the Act. The State's response included a list of ongoing actions 
under the Conservation Plan. Some concern was raised over funding for 
implementation of the Conservation Plan and for work on rivers not 
included in the seven rivers DPS originally proposed for listing. In 
addition, one commenter recommended that the FWS should closely monitor 
implementation of the Conservation Plan. One commenter, offered the 
opinion that the Conservation Plan lacks accountability and 
enforceability and is not biologically defensible.
    Response: The Services have worked closely with the State during 
the development of the Conservation Plan and believe that a very 
critical part of the Conservation Plan is the detailed implementation 
schedule and monitoring plan for each river. Each party's ability to 
meet funding obligations under the Conservation Plan will be evaluated 
annually as part of the review process.

Summary of Factors Affecting the Species

    Section 4 of the Act and regulations promulgated to implement the 
listing provisions of the Act (50 CFR part 424) set forth the 
procedures for adding species to the Federal list. Section 4 requires 
that listing determinations be based solely on the best scientific and 
commercial data available, without reference to possible economic or 
other impacts of such determinations. A species may be determined to be 
endangered or threatened due to one or more of the five factors 
described in section 4(a)(1) of the Act. The information presented here 
primarily concerns new developments since the publication of the 
proposed rule (60 FR 50530) and indicates the ways in which 
implementation of the Conservation Plan is further reducing threats to 
the DPS.

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

Forestry
    One of the predominant land uses of central and northern coastal 
Maine watersheds is the growing and harvesting of forest products. 
Forest management practices can cause numerous short and long-term 
negative impacts to Atlantic salmon as a result of increased runoff, 
decreased shade and increased water temperatures, deposition of woody 
debris and silt into waterways, and the use of insecticides or 
herbicides. In the proposed rule (60 FR 50530), the Services presented 
their finding that while historical forest practices have had harmful 
effects on Atlantic salmon in certain watersheds, numerous State and 
Federal laws now in existence prevent significant adverse impacts to 
Atlantic salmon and other aquatic species. The Conservation Plan offers 
further protection against potential impact to Atlantic salmon from 
forestry activities. Ongoing actions outlined in the Conservation Plan 
include: Formation of Project SHARE (Salmon Habitat and River 
Enhancement) addressing potential threats from forestry in 5 Downeast 
watersheds; establishment of riparian management zones; Champion 
International's adoption of self-imposed restrictive management 
standards for timber operations near streams and rivers; providing code 
enforcement training and shoreline technical assistance to help 
municipalities administer shoreline zoning standards; promoting best 
management practices in forests within the State through Maine's non-
point source pollution management program; and finally, formation of 
several river coalitions to improve watershed protection.

[[Page 66331]]

Agriculture
    Lowbush blueberry agriculture is another significant land use in 
eastern Maine watersheds. The associated extraction and diversion of 
water and application of herbicides, fungicides, and insecticides could 
adversely affect Atlantic salmon and their habitat. In the proposed 
rule (60 FR 50530), the Services concluded that current agricultural 
practices were not considered a major threat to Atlantic salmon due to 
protective measures in place. Cranberry production, a small but rapidly 
increasing component of Downeast Maine agriculture, requires land 
conversion, a large supply of water, and significant use of pesticides. 
Significant acreage is currently being converted to cranberry 
production.
    The Conservation Plan identifies the following programs and 
management activities currently being implemented to reduce impacts to 
Atlantic salmon from agricultural practices: Integrated crop management 
practices and best management practices for blueberry and cranberry 
production developed by the Maine Cooperative Extension Service; the 
State management plan for pesticides and ground water, as well as a 
more specific plan to protect groundwater from hexazinone; and the non-
point source pollution and coastal zone management programs which 
include best management practices to protect water quality. Additional 
activities proposed in the Conservation Plan are the development and 
implementation of total water use management plans for each watershed, 
the development of a non-point source pollution control program for the 
Sheepscot River, and the identification of wetlands with functions that 
maintain the integrity of salmon habitat.
Peat Mining
    Many eastern Maine watersheds contain deposits of peat. Commercial 
peat mining has the potential to adversely affect salmon habitat 
through the release of peat fibers, arsenic, and other chemical 
residues present in peat deposits. There are no known current impacts 
to Atlantic salmon, but further study is recommended to determine 
possible impacts, if any, of peat mining on Atlantic salmon and their 
habitat. The Conservation Plan identifies additional actions which are 
being taken to eliminate potential impacts from peat mining including: 
Improving the permit review process; increasing standards for erosion 
control; and evaluating possible threats to Atlantic salmon from water 
quality changes.
Dams
    In the proposed rule (60 FR 50530), the Services cited the 
historical impact of dams on Atlantic salmon but stated that there were 
no hydroelectric projects on any of the seven rivers which constitute 
the range of the seven rivers DPS. Portions of two other rivers, the 
Kennebec and the Penobscot, are heavily impacted by hydroelectric dams. 
The fact that naturally reproducing populations of Atlantic salmon are 
likely restricted to tributaries below the lowermost mainstem dam on 
each of these rivers is directly attributable to the impact of these 
dams. While expansion of the range of Atlantic salmon in these river 
systems may be limited at present, it does not appear that the 
continued persistence of the lower tributary populations is threatened 
by the presence of dams on the mainstems upstream of these lower 
tributaries. Beaver (Castor canadensis) dams and debris dams, which 
have been documented on many of the rivers within the seven rivers DPS, 
are typically partial, temporary obstructions to Atlantic salmon 
migration. The Conservation Plan identifies activities underway to 
address this threat which include breaching problematic beaver dams, 
removing debris dams, and expanding the beaver trapping season in 
certain areas. In addition, the Conservation Plan includes a commitment 
to identify and rectify fish passage problems at the Cooper's Mills Dam 
on the Sheepscot River.

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

    The proposed rule (60 FR 50530) discussed protective measures 
against any potential impact from a commercial Atlantic salmon fishery 
either domestically or internationally. A quota agreement was reached 
in 1997 for the West Greenland fishery, and Canada announced the 
continuation of the moratorium in Newfoundland and further restrictions 
and a comprehensive management plan for Labrador. Reduced ocean harvest 
resulting from these actions should benefit salmon runs throughout 
North America during the next several years. The Conservation Plan does 
not attempt to deal with ocean harvest, as that is beyond the State's 
jurisdiction.
    The Conservation Plan notes that there is no legal harvest of 
Atlantic salmon in Maine but that a catch and release fishery is 
permitted. As outlined in the Conservation Plan, the State is 
addressing potential threats from poaching and catch and release 
fishing by restricting seasons, locations and gear; increasing law 
enforcement by adding two seasonal wardens; modifying regulations on 
other targeted fisheries to reduce any impact to Atlantic salmon caught 
as bycatch; and agreeing, where necessary, to close cold water adult 
salmon holding areas to all fishing. In addition, any catch and release 
fishing will be permitted only after analyzing data from all phases of 
the species' life cycle to assess risks to the DPS. Furthermore, a 
monitoring and reporting program has been created for incidental take, 
and there is a recommendation to increase penalties for poaching. 
During 1997, additional seasonal restrictions were imposed, and 
seasonal wardens were employed to reduce poaching in the seven rivers.

C. Disease or Predation

    The proposed rule (60 FR 50530) included a comprehensive list of 
potential predators of Atlantic salmon but concluded that the effects 
and magnitude of competition and predation in the riverine, estuarine, 
and marine environments are not known. The Conservation Plan proposes 
further investigation of predation issues such as impacts of seal 
(harbor seal (Phoca vitulina) and gray seal (Halichoerus grypus)) and 
cormorant (double-crested cormorant (Phalacrocorax auritus)) predation 
and food habits of American eels (Anguilla rostrata) collected in 
juvenile Atlantic salmon habitat. The Conservation Plan also proposes a 
change in the daily limits on chain pickerel (Esox niger) to reduce 
pickerel populations that prey on migrating salmon smolts.
    While Atlantic salmon are susceptible to a number of diseases and 
parasites that can result in high mortality, furunculosis caused by a 
bacterium (Aeromonas salmonicida) is the only known source of disease-
related mortality that has been documented in wild Atlantic salmon in 
New England. The Conservation Plan describes efforts that are being 
implemented to reduce threats from disease. These include: maintenance 
of the current State, Federal, and New England fish health inspection 
protocols; continued vaccinations of farmed fish prior to placement in 
sea cages; and enforcement of private insurance standards. It is also 
noted that a State/Federal/industry fish health advisory board has been 
established to monitor and improve the current fish health protocols as 
they relate to salmonid fish culture. Additional protection will be 
provided by an emergency disease eradication program involving action 
steps to be taken in the event of the

[[Page 66332]]

detection of exotic fish pathogens in public or private rearing 
facilities; expansion of an ongoing epidemiological monitoring program 
to determine the type, incidence and geographic distribution of 
salmonid pathogens in Maine; documentation, evaluation and compilation 
of industry husbandry practices into a fish health code of practices; 
and, finally, complete adoption of an industry code of practices to 
minimize escapes of farmed fish.

D. Inadequacy of Existing Regulatory Mechanisms

    Regulatory mechanisms governing aquaculture, forestry, agriculture, 
poaching, recreational fishing, and commercial harvest are discussed 
elsewhere in this section and in the ``Efforts to Protect Maine 
Atlantic Salmon'' section of this notice.

E. Other Natural or Manmade Factors Affecting Its Continued Existence

    Scientific evidence suggests that low natural survival in the 
marine environment is a major factor contributing to the decline of 
Atlantic salmon throughout North America. Recent research indicates 
that major seasonal events influence survival of post-smolts (young 
salmon which have reached the ocean and are beginning to migrate). It 
appears that survival of the North American stock complex of Atlantic 
salmon is at least partly explained by sea surface water temperature 
during the winter months when Atlantic salmon concentrate at the mouth 
of the Labrador Sea and east of Greenland. The marine survival index 
improved in 1997 for the third consecutive year, suggesting the 
likelihood of improved adult returns during the next few years.
    Research initiated by the USASAC, the ICES-North Atlantic Salmon 
Study Group (ICES-NASSG), and the ICES-North Atlantic Salmon Working 
Group (ICES-NASWG) has furthered our basic understanding of the marine 
ecology of Atlantic salmon. Natural mortality in the marine environment 
can be attributed to four general sources: predation, starvation, 
disease/parasites and abiotic factors. Scientists have discovered 
correlations between mortality in the marine environment and abiotic 
factors, particularly sea surface temperature (ICES 1997). Correlations 
between survival rates for Atlantic salmon from numerous North American 
rivers led these scientists to suspect that a critical source of 
mortality was acting upon all the stocks when they were mixed and 
sharing a common habitat (the ocean). These scientists further 
speculated that sea temperatures influenced Atlantic salmon survival 
and abundance at West Greenland and, therefore, homewater catches. 
Patterns of stock production were found to relate to the area of winter 
habitat available to North American post-smolts.
    Recent research has pointed to the importance of the availability 
of suitable marine habitat as defined by sea surface temperature in the 
North Atlantic Ocean and particularly the Labrador Sea region (ICES 
1997). A natural climatic phenomenon known as the North Atlantic 
Oscillation appears to regulate general sea surface temperature 
patterns in this region and influence the marine survival and growth of 
Atlantic salmon. The cyclic character of this naturally occurring 
climatic pattern could be responsible for widespread patterns of low 
survival in Atlantic salmon observed recently (ICES 1997). The ICES's 
1997 report stated that estimates of pre-fishery abundance of non-
maturing and maturing one-sea-winter (1SW) salmon for 1995 and 1996 
suggest an end to the historically low values of non-maturing 1SW 
salmon and a clear increase in maturing 1SW salmon. The report 
concluded that the gradual upward trend of multi-sea-winter (MSW) 
returns to U.S. rivers is expected to continue.

Conclusion--Summary of Factors Affecting the Species

    The proposed rule (60 FR 50530) concluded that there were basically 
three major factors which continue to threaten the continued survival 
of Atlantic salmon within the seven rivers DPS--poaching, low natural 
survival of fish during their first winter at sea, and potential 
impacts from Atlantic salmon aquaculture operations and fish hatcheries 
to the genetic integrity and disease vulnerability of the DPS. The 
tightening of recreational fishing regulations described in the 
Conservation Plan and the increased enforcement of these regulations 
through the addition of two seasonal wardens to the rivers of the seven 
rivers DPS reduce the threat of poaching. Threats to the genetic 
integrity and disease vulnerability of the DPS from aquaculture and 
fish hatcheries are also alleviated by existing fish health protocols, 
screening of outlets at freshwater hatcheries, development of a code 
for fish health and containment at freshwater rearing and sea cage 
sites, experimental rearing of sterile triploids, and the construction 
of weirs. These ongoing and proposed actions, together with the river-
specific rearing program and projected improvements in the marine 
index, have improved the status of the DPS such that the Services are 
now able to conclude that the DPS is not likely to become endangered 
within the foreseeable future.

Efforts To Protect Maine Atlantic Salmon

    The Services, New England States and private industries and 
organizations have a long history of working cooperatively for the 
protection, restoration, and rehabilitation of Atlantic salmon. In 1991 
the FWS expressed concern about the status of Atlantic salmon and 
designated salmon in five rivers as category 2 candidate species. A 
prelisting strategy to advance the recovery of these stocks was 
developed in 1992 which included plans for stock assessment, habitat 
inventory, and procurement of river-specific broodstock for a fry 
stocking program. The Maine Wild Atlantic Salmon Stewardship Program 
was initiated by the FWS in 1994. Program activities include angler 
surveys, habitat surveys, and weir and trap installation and 
maintenance. Consistent with the Services' mandate to consider efforts 
being made to protect species in making listing determinations, the 
Services have considered the following Federal and State conservation 
efforts.

A. Federal Conservation Efforts

Narraguagus River Study
    In 1991 the NMFS initiated an intensive juvenile population 
monitoring program on the Narraguagus River in Maine. Juvenile 
population estimates have been obtained annually at approximately 30 
sites within the river. These data are then analyzed by the ASA and 
NMFS to refine models for estimating drainage-wide parr abundance, 
smolt recruitment, and adult return rates for wild Atlantic salmon. 
Accurate estimates of juvenile populations will continue to greatly 
enhance the ability to develop and refine effective management 
strategies. Cooperative research on Atlantic salmon production 
conducted by the Northeast Fisheries Science Center (NEFSC) and the ASA 
has examined, in detail, production from the spawner to the pre-smolt 
stage in the Narraguagus River. The NEFSC and ASA research has yielded 
a 7-year time series with accurate adult counts and basin-wide pre-
smolt production indices (FWS and NMFS 1995). In 1997 the ASA and NEFSC 
monitored outmigration of Atlantic salmon smolts in the Narraguagus 
River with four rotary screw fish traps. More accurate estimates of 
smolt production increases

[[Page 66333]]

the reliability of estimates of marine survival rates. Research has 
confirmed that overwinter survival of pre-smolts is a critical phase in 
Atlantic salmon population dynamics (FWS and NMFS 1995). Refinements in 
these estimates may be critical to determining the mechanisms that 
influence this life history stage. Five traps were utilized in 1997 as 
part of a mark/recapture population study. This information provides a 
baseline for studying the correlation between environmental conditions 
and overwinter survival. In the future, if suspect relationships are 
found, then the probable causes of mortality can be investigated, and 
work can be undertaken to identify possible habitat rehabilitation or 
enhancement that could increase survival to the smolt stage.
    Data is being obtained by the NEFSC and the ASA on smolt emigration 
mortality, movements and dispersal to provide more accurate estimates 
of parameters that might influence early marine survival and ocean 
movement patterns. Electrofishing is utilized to assess the survival of 
stocked fry, to track parr populations over time, and to collect parr 
for broodstock. A unique drainage-wide age 1+ parr population 
assessment method (Basin-wide Geographic and Ecological Stratification 
Technique, BGEST) has been developed for the Narraguagus River (FWS 
1997). This drainage-wide approach was developed to overcome the 
difficulties of comparing population data from individual sites when 
those data do not account for juvenile salmon movements within each 
drainage.
River-Specific Stocking
    In 1992 the ASA and the FWS implemented a Prelisting Recovery Plan 
for the Atlantic salmon populations in the seven rivers DPS (Baum et 
al. 1992). The highest priority identified in the Prelisting Recovery 
Plan was the development of river-specific broodstocks which could be 
utilized for restocking efforts in the rivers of concern. The 
management goal established for the seven rivers was to maximize the 
production of wild Atlantic salmon smolts by augmenting low wild 
juvenile populations with hatchery-produced fry. River-specific 
stocking was endorsed to protect the genetic integrity of remaining 
salmon stocks and to increase the adaptability and survival of stocked 
fry.
    During the period 1992 to 1996, more than 4,000 wild-origin 
Atlantic salmon parr were collected from 6 Maine rivers and raised to 
maturity in freshwater. Each parr that survived to maturity resulted in 
the production of approximately 1,000 feeding fry for restocking. The 
survival rate from stocked fry to the parr stage is assumed to be 
between 5 and 10 percent which means that between 50 and 100 parr will 
replace each of the original parr collected (Baum, King, and Marancik 
1996). Currently the majority of the nursery habitat in the Dennys, 
Narraguagus, and Machias rivers is utilized as a result of extensive 
fry stocking. Fry stocking began in 1996 in the East Machias and 
Sheepscot rivers. Two year classes of immature parr are being held to 
be used as broodstock for the Pleasant River. No collections have been 
made on the Ducktrap River. During 1995, approximately 1.5 million eggs 
were produced from river-specific broodstock. The resulting 790,000 fry 
were stocked in 5 rivers in May of 1996. More than 1.7 million eggs 
were taken from broodstock from 5 rivers during the 1996 spawning 
season which resulted in approximately 1.07 million fry for the 1997 
stocking season.
    Approximately 50,000 Machias River-origin eggs were transferred 
from Craig Brook National Fish Hatchery to a private hatchery operated 
by volunteers from the Pleasant River Fish and Game Conservation 
Association and the Downeast Salmon Federation. The 34,000 fry which 
resulted from this cooperative effort were stocked back into the 
Machias River. Experimentation continued with otolith and elastomer 
marking techniques. In addition to the stocking of fry, adult surplus 
broodstock have been released to supplement the river populations. 
Marked or tagged adults were released in the Narraguagus, Machias and 
Dennys rivers in June 1997. Additional adults were released in the 
Dennys, Machias and Narraguagus rivers in October 1997 to augment wild 
spawning stock. Age 2 smolts were also released in the Dennys and 
Machias rivers and were adipose fin clipped for identification when 
they return in 2 years as adults to spawn.
    Adult salmon counts are obtained on the Narraguagus River by a 
permanent salmon trapping facility operated by the ASA since 1991 and 
supplemented by analysis of videos to document any additional adults 
that had jumped over the water control dam. A portable weir has been 
operated on the Dennys River since 1992 and on the Sheepscot River from 
1994 to 1996. Angler data and redd counts also provide information 
useful in assessing adult abundance. Difficult weather conditions in 
1995 resulted in poor visibility and incomplete, or absent, redd count 
data for most river reaches. Conditions were significantly better in 
1996 and a total of 429 redds were counted in the 7 drainages, the 
highest number since 1991. Not all redds can be attributed to wild 
spawners, however, as captive broodstock were released to some of the 
rivers. Redd counts on rivers that did not receive releases of captive 
broodstock, with the exception of the Sheepscot River, were higher than 
at any other time since 1992.
Watershed Characterization Project
    Staff of the ASA have worked with the USGS and the Maine Geological 
Survey to undertake a Sub-Watershed Characterization Study for the 
Narraguagus River. The study utilizes digital data to create an 
overview, maps, and data sheets for each sub-watershed which provide 
information on the land cover composition, erosion potential, 
hypsometric curve and Atlantic salmon habitat. This will lead to a 
better understanding of the relationships between flows, water depths 
and wetted habitat. For each of the 49 sub-watersheds, the percentage 
of total spawning and nursery habitat within that sub-watershed, land 
cover composition, wetland types, stream flow data, a hypsometric 
curve, surficial geologic statistics and an erosion indicator will be 
provided.
Habitat Protection
    Staff from the ASA and FWS have worked with private organizations 
such as the National Fish and Wildlife Foundation and The Baker 
Conservation Trust to acquire parcels of land to protect Atlantic 
salmon habitat on the Ducktrap and Sheepscot rivers. The Coastal 
Mountains Land Trust acquired 123 acres and over 1 mile of Ducktrap 
River shoreline bordering spawning habitat. The Fish and Wildlife 
Foundation acquired 2 additional parcels totaling 10.3 hectares 
directly adjacent to spawning areas. The FWS, through its Partners for 
Wildlife Program, dedicated funds to restore two damaged areas on the 
Ducktrap River that are the sites of abandoned gravel quarries 
identified as sources of siltation and sedimentation directly upstream 
of spawning and rearing habitat. Funds were also contributed to this 
effort by the Natural Resources Conservation Service, and the Ducktrap 
Watershed Coalition. The gravel pit owner, the Ducktrap River 
Coalition, and campers from the 4-H Tanglewood Camp provided expertise 
and labor. Through a cooperative effort, a one-half-mile stretch of the 
Dyer River, lacking vegetated buffer and being used as a cattle wallow, 
is being restored and protected. This required working with the farmer 
to identify alternative drinking water for his cattle,

[[Page 66334]]

constructing a fence along the stream, planting to establish a 
vegetated buffer along the stream, and establishing pool and riffle 
habitat in the stream.
Habitat and Juvenile Assessments
    With the recognition that knowledge of habitat quantity and quality 
is a prerequisite for effective management of Atlantic salmon 
populations, intensive habitat inventories have been undertaken in 
recent years. By the end of the 1997 field season, highly accurate 
computerized data sets will be compiled for all seven rivers. These 
data will be used to coordinate future redd counting, parr collecting, 
and fry stocking activities. The planning and logistics of stocking a 
large number (850,000) of fry in the 7 drainages has been facilitated 
by a geographic information system. These data are also being made 
available to other agencies and interested parties for land 
conservation and management. An atlas was produced for the Machias 
River for use during fry stocking. In addition, maps were produced for 
redd count activities on the Dennys, Machias, Narraguagus, Pleasant, 
and Sheepscot rivers. A separate pilot project was undertaken to 
consolidate data from multiple sources into an overview of the 
hydrological characteristics for each sub-basin within the Narraguagus 
River watershed. The next step will be to identify factors that could 
affect stream flow, water depth, and wetted habitat and to evaluate the 
potential of those factors to affect habitat suitability and production 
potential. River temperatures were monitored extensively, and 
investigations are ongoing to identify and understand the role of cold 
water refugia.
    Surveys to locate and breach beaver dams and debris dams were 
conducted on each of the seven rivers. During the 1996 field season, a 
total of 85 obstructions were recorded on the 7 rivers and their 
tributaries. Seventy-four of these were located below spawning habitat 
and were breached or removed at least once in October of 1996. 
Breaching beaver dams and debris dams provided upstream passage to over 
292 kilometers of river containing quality spawning and rearing 
habitat. Breaching is timed just prior to spawning in order to provide 
an adequate migration window for salmon. A significant number of redds 
have been counted upstream from breached dams indicating a degree of 
success from this management measure. This work was conducted again in 
1997, and will continue in the future.
North American Salmon Conservation Organization
    The NASCO is an international organization with the goal of 
promoting the conservation, restoration, enhancement, and rational 
management of Atlantic salmon stocks in the North Atlantic Ocean 
through international cooperation. In 1993 the West Greenland 
Commission adopted a 5-year scientifically-based quota-setting 
agreement (West Greenland Commission 1993). At the Thirteenth Annual 
Meeting of NASCO in 1996, the Commission was unable to agree upon a 
quota utilizing that agreement due to differing interpretations of 
agreement components. As a result, West Greenland unilaterally set a 
quota which was higher than the scientists advised. The United States 
was very concerned about this departure and met with the other NASCO 
parties prior to the Fourteenth Annual Meeting in 1997 to attempt to 
reach agreement. In 1997 the Commission adopted an addendum to the 1993 
agreement which maintains the scientific method for setting quotas but 
allows for a reserve quota to be established in years of low abundance 
(West Greenland Commission 1997). Accordingly, a reserve quota of 57 
tons, much lower than quotas for previous years, was set for the 1997 
fishery including local use and subsistence fisheries. The events in 
1997 add assurance that the United States will be able to successfully 
negotiate in the international forum to protect U.S. stocks on their 
migration.

B. State Conservation Efforts

    The designation of some Atlantic salmon populations as candidate 
species under the Act and the subsequent receipt of a petition to list 
them as endangered prompted additional interest in the species. The 
forestry industry began Project SHARE, and other organizations such as 
the Sheepscot Valley Conservation Association, the Ducktrap River 
Coalition, and the Midcoast Atlantic Salmon Watershed Council were 
founded as a result of this interest.
Atlantic Salmon Authority
    The ASA was formed by the Maine Legislature in September 1995 
replacing the Atlantic Sea Run Salmon Commission (ASRSC) which had been 
in existence since 1945. The ASA is governed by the Atlantic Salmon 
Board which consists of nine members appointed by the Governor. The ASA 
has sole authority, except for those rights lawfully held by Maine's 
Native American Indian Tribes, and responsibility to manage the 
Atlantic salmon fishery in the State, including sole authority to 
introduce Atlantic salmon into Maine inland waters. Sole authority for 
the inland waters of the Dennys, East Machias, Machias, Pleasant, 
Narraguagus, Ducktrap and Sheepscot rivers was transferred to the ASA 
from the Task Force on July 1, 1997. The State-wide goal of the ASA is 
to protect, conserve, restore, manage, and enhance Atlantic salmon 
habitat, populations, and fisheries within historical habitat in Maine 
(Baum et al. 1997).
    Management activities outlined in the 1995 ASRSC plan (Baum 1995) 
include restoration of self-sustaining runs of Atlantic salmon, 
increasing natural reproduction of existing Atlantic salmon 
populations, providing recreational angling opportunities and 
compatible non-consumptive uses of Maine's Atlantic salmon resources, 
improving fish passage for Atlantic salmon where there are natural and 
artificial barriers to migration, establishing partnerships which will 
benefit salmon restoration and management programs, and increasing 
public awareness and broadening support for attainment of the ASA's 
overall goal through development of a public education program. The 
Report of the Maine Atlantic Salmon Authority to the Joint Standing 
Committee on Inland Fisheries and Wildlife (Baum and Atlantic Salmon 
Board 1997), states: ``Many of the challenges facing restoration and 
management of Atlantic salmon runs are found within the State of Maine, 
including the following: inadequate or incomplete information and 
biological data pertaining to salmon habitat and populations, upstream 
and downstream fish passage at hydroelectric dams, land-use practices, 
conflicts with other fishery programs, insufficient broodstock and 
inadequate numbers of juvenile salmon for restocking efforts.''
    The ASA is currently the sole management authority for Atlantic 
salmon management in the State, and staff work with the Division of 
Inland Fish and Wildlife and the Department of Marine Resources to 
address areas of overlap. The Chair of the ASA Board now has a seat on 
the board of the State's Land and Water Resources Council (Council). It 
is through this venue that the ASA can address activities conducted, 
funded or authorized by other State agencies to ensure that they do not 
negatively impact Atlantic salmon. This is a very positive step that 
recognizes the interrelationship of Atlantic salmon with other species 
and its dependence on a healthy ecosystem.

[[Page 66335]]

Conservation Plan
    The Services' proposed rule (60 FR 50530) included a special 4(d) 
rule inviting the State of Maine to develop a conservation plan for the 
species. Following the publication of that proposed rule (60 FR 50530), 
the Governor of Maine issued an Executive Order on October 20, 1995, 
establishing the Task Force and charged it with preparation of a 
conservation plan for the protection and recovery of Atlantic salmon 
populations in the seven rivers. The Task Force included scientists, 
academics, State employees, Native American sustenance fishers, 
conservationists and private citizens. The Task Force was organized 
into the following six working groups: genetics, aquaculture, 
agriculture, forestry, recreational fisheries, and the four rivers 
group to address four rivers (Kennebec River, Penobscot River, St. 
Croix River and Tunk Stream) containing Atlantic salmon populations 
which had been identified by the Services in the proposed rule (60 FR 
50530) as candidates for listing.
    The stated intent of the Conservation Plan is to minimize human 
impacts on the Atlantic salmon and to restore the species with the 
involvement of the citizens who know and use the resources in the 
watersheds. The introduction to the Conservation Plan states that this 
collaborative approach to protection and rehabilitation of Atlantic 
salmon is vital to maintaining the commitment of Maine citizens to the 
conservation of the species.
    The Conservation Plan identifies the following factors that affect 
juvenile, adult, and migratory smolt survival in rivers and streams: 
Stream hydrology, seasonal water temperatures, pH, dissolved oxygen, 
streambed characteristics, food availability, competition, predation, 
pollution, recreational angling, and illegal harvest. Factors 
influencing survival of salmon at sea include water temperature, food 
availability, competition, predation, and commercial fisheries. The 
Conservation Plan includes ongoing and proposed actions to reduce 
potential threats to Atlantic salmon and its habitat. These actions are 
discussed below.
    1. Agriculture: The Conservation Plan identifies a wide range of 
agricultural activities that take place in the seven river watersheds 
including dairy, hay, silage corn, horse, sheep, beef cattle, and 
Christmas tree operations; production of vegetables, blueberries, and 
cranberries; landscape and horticultural operations; and peat mining. 
Wild blueberry culture is the primary form of agriculture in the five 
Washington County watersheds (Narraguagus, Pleasant, Machias, East 
Machias and Dennys rivers). The only active peat mine is located in the 
Narraguagus River watershed. Livestock production is the predominant 
form of agriculture in the Sheepscot River watershed.
    The Conservation Plan groups agricultural activities that could 
affect Atlantic salmon habitat into three groups: Water use (including 
irrigation and use and disposal of process water), agricultural 
practices (non-point source pollution caused by crop production), and 
peat mining. The Conservation Plan identifies ongoing actions to 
address these potential threats: integrated crop management and best 
management practices for blueberry and cranberry production; a Coastal 
Zone Management program to protect water quality; a State pesticide 
management plan for protection of ground water; a State hexazinone 
management plan for protection of ground water; and soil and water 
conservation district programs offering technical support to farmers 
utilizing best management practices to reduce non-point source 
pollution.
    The Conservation Plan proposes additional actions for enhanced 
protection: development and implementation of total water use 
management plans for each watershed; development of a watershed 
specific non-point source pollution control program for the Sheepscot 
River; targeted integrated crop management programs and promotion of 
best management practices to further reduce potential threats from 
pesticide use and non-point source pollution; identification of 
wetlands with functions important for maintaining the integrity of 
Atlantic salmon habitat; enhancement of the Board of Pesticide Control 
programs that evaluate and mitigate the threats to Atlantic salmon 
associated with pesticide use; improvement of the permit review process 
and standards for erosion control for peat mines; and evaluation of the 
threat to Atlantic salmon from water quality changes associated with 
peat mining. The Conservation Plan concludes that these new actions, 
implemented through cooperative efforts of watershed steering 
committees, in conjunction with existing programs, laws, and 
regulations, will protect Atlantic salmon habitat quantity and quality.
    Interest in expansion of the cranberry industry in Maine increased 
during the development of the Conservation Plan, and all parties 
involved in the review of these proposals are working cooperatively, in 
compliance with the Conservation Plan, to examine these proposals for 
their potential effect on Atlantic salmon. The Services expect that new 
activities which could potentially impact Atlantic salmon will be 
proposed. These activities will be addressed using the collaborative 
and cooperative approach endorsed in the Conservation Plan. In 
monitoring the success of the Conservation Plan, the Services will 
assess how effectively new issues are being addressed.
    2. Aquaculture: The Conservation Plan states that potential threats 
to salmon from aquaculture include: disease and parasite transmission 
from farmed fish to wild fish; reduction of survival fitness as a 
result of escaped farmed fish interbreeding with wild fish; disruption 
of the incubation of wild salmon eggs by redd superimposition (redd 
formation by an escaped farmed fish on top of a redd constructed by a 
wild fish); or competition for food and space in river habitats from 
escaped juvenile farmed fish. The Conservation Plan further noted that 
potential threats from poor husbandry practices in freshwater fish 
culture operations could affect wild salmon in the Sheepscot, Pleasant 
and East Machias rivers. Current actions addressing these potential 
threats identified in the Conservation Plan include: State, Federal and 
New England fish health inspection protocols; vaccination of farmed 
fish prior to stocking in sea cages; enforcement of private insurance 
standards; harvesting of farmed salmon (with the exception of 
commercial broodstock) prior to the onset of maturation; escape control 
measures including careful site selection, regular equipment 
maintenance and storm preparation procedures; minimization of seal-
induced escapement through the use of predator nets and acoustic and 
visual deterrent devices; and minimization of farmed juvenile salmon 
escapes through screening of water intakes and discharges of freshwater 
culture facilities.
    Additional proposed measures to enhance protection include: 
Development of an emergency disease eradication program; expansion of 
the ongoing epidemiological monitoring program; creation of a fish 
health code of practices and a code of containment (for culture in 
freshwater and sea cage sites); participation in a river-specific 
rearing program; construction and operation of weirs to aid in research 
and management and to cull aquaculture escapees; development of a 
marking system for farmed fish to assist in distinguishing them from 
wild fish at

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the weirs; and research into seal behavior around cages.
    The construction of weirs will allow the collection of data on 
returning adults, collection of broodstock, and exclusion of 
aquaculture escapees. The FWS has secured funding for the construction 
of three weirs on the Dennys, Machias and East Machias rivers, and 
currently the design of those weirs is being finalized. The weirs will 
be constructed with state-of-the-art technology and will operate 
continuously and effectively without compromising the ability of wild, 
river-specific Atlantic salmon to migrate upriver or out to sea.
    3. Forestry: Forestry is the dominant land use in five of the seven 
watersheds. Forestry-related actions proposed in the Conservation Plan 
are designed to build upon present regulations and initiatives, and, 
therefore, provide incremental improvements to existing Atlantic salmon 
protection. These actions will help to reduce non-point source 
pollution, alteration of stream temperatures and hydrology, direct 
disturbance of salmon habitat, blockage of fish passage with poorly 
designed road crossings, and deposition of woody debris in streams.
    The Conservation Plan identifies current efforts to address 
potential threats to Atlantic salmon and their habitat from forestry 
activities: Project SHARE, a private non-profit organization dedicated 
to conserving and enhancing Atlantic salmon habitat; Sustainable 
Forestry Initiative, a forestry industry effort to promote a wide range 
of values in forest management decisions; riparian management zones; 
Champion International's self-imposed, restrictive management standards 
for timber operations near streams and rivers; Maine's non-point source 
pollution control program; code enforcement training and local 
shoreland zoning technical assistance; and the Sheepscot Valley 
Conservation Organization and the Ducktrap River Coalition.
    The Conservation Plan also identifies proposed actions to enhance 
protection which include: control of non-point source pollution by 
increased coordination among State agencies, municipalities, industry 
and local volunteers to increase compliance with prescribed best 
management practices through education and enforcement; protection of 
important habitat through conservation agreements; education of logging 
contractors and resource managers to raise awareness about the 
importance of maintaining riparian shade trees; increasing State 
enforcement of regulations and monitoring of harvesting activities near 
streams; the Maine Department of Environmental Protection (DEP), the 
Board of Pesticide Control and the ASA will review the geographic usage 
of pesticides in the seven watersheds and the DEP will target areas for 
in-stream assessment; the Board of Pesticide Control will work 
cooperatively with the Cooperative Extension Service and the Department 
of Agriculture Food and Rural Resources to update pesticide best 
management practices based on the latest research and to promote these 
practices in the seven river watersheds; and the Board of Pesticide 
Control will adjust State pesticide regulations to eliminate any 
threats to Atlantic salmon.
    4. Recreational Fishing: The Conservation Plan states that until 
recently the greatest threat to Atlantic salmon was legal harvest 
through directed fishing but that currently only catch and release 
fishing is allowed. It states that mortality can occur from a directed 
catch and release fishery but cites new data from several reports that 
suggest a carefully designed and regulated catch and release fishery 
will have little impact on the species. The Conservation Plan states 
that poaching is a continuing problem. In addition, the Conservation 
Plan states that the number of Atlantic salmon killed each year as a 
result of recreational fishing for other freshwater and estuarine 
species is estimated to be very small. The Plan proposes additional 
steps to further minimize, if not eliminate, the risk of an accidental 
bycatch. To address these threats, no direct harvest of Atlantic salmon 
will be permitted and recreational fishing regulations will be 
enforced.
    The ASA adopted new angling regulations, which became effective on 
June 30, 1997, in an effort to reduce the potential mortality of 
Atlantic salmon that are caught and released during periods of high 
water temperature. The Maine Department of Inland Fisheries and 
Wildlife also promulgated regulations to close specific areas of rivers 
from fishing for all species to protect Atlantic salmon. The Maine 
Department of Inland Fisheries and Wildlife and the Maine Department of 
Marine Resources have filled two new warden positions devoted to 
Atlantic salmon on the seven rivers. They will provide a law 
enforcement presence on the rivers and collect valuable information 
about habitat and angling trends which will be reported weekly. The 
Maine Land Use Regulation Commission is pursuing enforcement (fines and 
reparation) of two separate violations related to clearing vegetation 
in riparian areas along the Narraguagus River.
    The Conservation Plan proposes additional protective actions, some 
of which have been implemented. These include: modifying the catch and 
release program for Atlantic salmon to further restrict dates, location 
and gear allowed; instituting a reporting and monitoring program to 
better estimate any incidental take; restricting anglers to the use of 
artificial lures only; requiring a minimum length for all trout of 8 
inches in the mainstem and major tributaries of all 7 rivers; requiring 
a maximum length for brown trout (Salmo trutta) and landlocked salmon 
of 25 inches within the Sheepscot River and estuary; requiring a 
maximum length of 25 inches for landlocked salmon within all Washington 
County waters, except West and Grand lakes; eliminating size and bag 
restrictions on black bass (Micropterus sp.), a predator of juvenile 
Atlantic salmon, on the Dennys River and Cathance Stream; when 
justified, closing cold water adult Atlantic salmon holding areas to 
all fishing; and finally, increasing penalties for poaching.
    5. Other Natural and Human Related Threats: The Conservation Plan 
identifies additional actions that could affect Atlantic salmon: 
Commercial harvest of suckers (Castostomus commersoni), eels, elvers 
(young eels), and alewives (Alosa pseudoharengus); interbreeding among 
wild Atlantic salmon, landlocked salmon, brown trout, and salmon which 
have escaped from inland hatcheries; predation on juveniles by splake 
(lake trout (Salvelinus fontanilis) x brook trout (S. namaycush)) and 
brown trout; predation by cormorants on migrating smolts; predation by 
seals on returning adults; beaver dam blockage of migration routes and 
flooding salmon habitat; residential development and gravel mining 
operations; and possibly restricted passage at the Cooper's Mills Dam 
on the Sheepscot River.
    Current actions addressing these potential threats were identified 
as follows: Monitoring of the bycatch of commercial fisheries; 
placement of a moratorium on new eel weirs; stricter regulation of 
elver fisheries; enforcement of commercial fishing regulations; 
breaching of beaver dams in the fall; expansion of the beaver trapping 
season; enforcement of municipal shoreland zoning restrictions; 
development of municipal comprehensive plans and institution of local 
ordinances designed to steer development away from sensitive resources 
and to manage the effects of gravel mining and development; 
implementation of a surface water

[[Page 66337]]

ambient toxic monitoring program by the DEP; evaluation of the Dennys 
River Superfund site; and toxic removal action at Smith Junk Yard.
    Additional actions proposed for enhancing protection include: 
Placing exclusion panels on elver nets; instituting a moratorium on 
commercial sucker harvesting in freshwater on the seven rivers; 
monitoring other salmonid populations that could interbreed with 
Atlantic salmon; screening the outlet of Meddybemps Lake to prevent the 
drop down of landlocked salmon during the spawning season; screening 
the outflows of hatcheries to prevent escapement of small salmon and 
trout; evaluating the impact of splake, brown trout, cormorant and seal 
predation; identifying and rectifying fish passage problems at Cooper's 
Mills Dam; evaluating the Eastern Surplus Superfund site at Meddybemps 
Lake; and instituting a moratorium on the disposal of toxic materials 
at Smith Junk Yard.
    The Conservation Plan concludes that the key to successfully 
providing for the needs of Atlantic salmon, other fisheries resources, 
agriculture, and forestry is watershed planning. The Conservation Plan 
uses specific watershed councils, which include all interested 
stakeholders (State and Federal agencies, conservation groups, 
industries, towns, landowners, etc.), to guide and oversee Atlantic 
salmon conservation activities related to land use and other activities 
within each watershed. The Sheepscot River Watershed Council was 
organized in the spring of 1996 and immediately began addressing 
agricultural non-point source pollution within that watershed. The 
Ducktrap Coalition is addressing a variety of conservation issues 
within that watershed, and the Midcoast Atlantic Salmon Watershed 
Council was established to coordinate planning on the Ducktrap and 
Sheepscot rivers. Two new local watershed councils have been formed on 
the Sheepscot and Pleasant rivers.
    Project SHARE has coordinated conservation efforts on the five 
Downeast rivers since 1994. Local angler groups are present on all of 
the rivers and are very active in salmon conservation. Project SHARE 
continues to provide support for Atlantic salmon conservation and 
serves as a valuable forum for exchanging ideas and resolving 
conservation issues. Specific examples of work Project SHARE has 
undertaken include: A temperature monitoring study on five rivers; the 
design of a prototype trap to improve collection at the Dennys River 
weir; repair of the fish ladder, gate, and screen at Meddybemps Lake; 
upgrading the Pleasant River Hatchery and Education Center; and 
training of land managers and foresters on salmon biology and 
management. Champion International, a significant landowner in five of 
the seven watersheds, has instituted riparian management standards that 
exceed the regulatory standards enforced by the State. The U.S. 
Environmental Protection Agency (EPA) is currently completing 
preliminary assessment work on the Eastern Surplus Superfund site at 
Meddybemps Lake, and the DEP is investigating the nearby Smith Junk 
Yard site for contaminants migrating into the Dennys River.
    6. Monitoring and Implementation: The Conservation Plan is complex 
and will require the commitment from and cooperation of numerous State, 
private and Federal entities to succeed. The Services intend to conduct 
thorough monitoring of plan implementation. This oversight will be 
accomplished through membership in various groups and by inspecting 
projects, attending ASA and Project SHARE meetings, and remaining in 
contact with Maine officials. Beginning in 1998, the FWS will have 
additional staff to accomplish these tasks. The Services also 
anticipate relying on the expertise of the Technical Advisory Committee 
(TAC) of the ASA to continue to assess the salmon's status and needs.
    The Conservation Plan recognizes that the continued rehabilitation 
of Atlantic salmon in the seven rivers will depend on partnerships 
between State and Federal agencies and private sector groups. The 
Council is responsible for the implementation and monitoring of the 
Conservation Plan and will supervise the Conservation Plan Coordinator, 
in consultation with the ASA. Because its members include the 
Commissioners from all the natural resource and development related 
agencies in Maine, the Council can affect State-wide policy and direct 
State agency actions. An Atlantic Salmon Committee has been formed 
under the Council, and the Chair of the ASA is as a full voting member 
of that Committee.
    During the Services' second reopened comment period, the State of 
Maine submitted a report which provided an update on progress in 
implementation of the Conservation Plan. The Maine State Legislature 
approved and funded a Conservation Plan Coordinator at the State 
Planning Office and an Atlantic salmon biologist at the ASA. State 
agencies have been advised of their responsibilities under the 
Conservation Plan and are planning for the implementation of their 
respective responsibilities. The Conservation Plan contains a 5-year 
monitoring and implementation schedule that will allow the Conservation 
Plan Coordinator to assess progress toward achievement of goals. The 
Council, with the assistance of the Conservation Plan Coordinator, will 
provide annual reports of Conservation Plan activities and results from 
each watershed. Information for that report will be solicited from the 
ASA, State agencies, private organizations and watershed councils. 
Monitoring reports will be organized under the following four headings: 
habitat protection, habitat enhancement, species protection, and 
fishery management. The Services will make these reports available for 
public review and comment.

Finding and Withdrawal

    Section 4(b)(1)(a) of the Act provides that the Secretaries of 
Interior and Commerce shall make listing determinations solely on the 
basis of the best scientific and commercial data available and after 
taking into account those efforts being made by any State or foreign 
nation to protect such species. The Services have considered the 
current status of the seven rivers DPS of Atlantic salmon and have 
taken into account the efforts being made to protect the species 
including development of the Conservation Plan, the extent of 
implementation of the Conservation Plan to date, private and Federal 
efforts to restore the species, and international efforts to control 
ocean harvest through NASCO. The Services believe that ongoing actions, 
including those identified in the Conservation Plan, have substantially 
reduced threats to the species and that these ongoing actions, together 
with additional planned actions, will facilitate the continued 
rehabilitation of the seven rivers DPS. Consequently, the Services find 
that the seven rivers DPS of Atlantic salmon is not likely to become 
endangered in the foreseeable future and that, therefore, listing is 
not warranted at this time.
    In addition, because the possibility exists that other populations 
of Atlantic salmon could be added to the seven rivers DPS in the 
future, and for purposes of future conservation activities, the 
Services are renaming the seven rivers DPS the Gulf of Maine DPS. Other 
populations of Atlantic salmon will be added to the Gulf of Maine DPS 
if they are found to be naturally reproducing and to have historical, 
river-specific characteristics. The area within which populations of 
Atlantic salmon meeting the criteria for inclusion in the DPS are most 
likely to

[[Page 66338]]

be found is from the Kennebec River north to, but not including, the 
St. Croix River. The Services believe that the populations in Togus 
Stream, a tributary to the Kennebec River, and Cove Brook, a tributary 
to the Penobscot River, may warrant inclusion in the Gulf of Maine DPS. 
Further investigation of these and other extant river populations from 
the Kennebec River north to, but not including, the St. Croix River 
will continue in order to determine if they meet the criteria for 
inclusion in the DPS.
    The Conservation Plan was developed for the seven rivers DPS of 
Atlantic salmon originally proposed for listing by the Services. The 
Services will work with the State to determine the status of any other 
populations of Atlantic salmon which may be added to the DPS in the 
future and whether the Conservation Plan should be modified to address 
any threats faced by any added populations.
    The Conservation Plan calls for annual reporting of plan 
implementation on a river-by-river basis. In order to inform interested 
citizens and to give them an opportunity for comment, the Services will 
make the annual reports available for review upon request and solicit 
comments through a notice in the Federal Register and news releases.
    The Conservation Plan identifies numerous ongoing and planned 
actions for the protection and rehabilitation of the seven rivers DPS 
of Atlantic salmon. Modifications to the recreational fishery including 
the addition of wardens, shortened seasons and gear restrictions are 
already being implemented. The Services are seeking additional 
refinements to the catch and release program to further remove the 
likelihood of mortality including closure of some of the rivers when 
biological conditions warrant closure. The Services have received a 
commitment by the State that such modifications will be in place prior 
to the 1998 angling season. Efforts to minimize impacts from 
aquaculture include institution of the most stringent fish health 
regulations in the country, weir construction on several rivers, 
development of a code of practices, and continued research on marking 
and triploidy. The Services will continue to monitor the development of 
a code of practice for the aquaculture industry and its subsequent 
implementation and assessment. The United States remains active in the 
international forum for Atlantic salmon management, NASCO, and the 
parties have endorsed scientific establishments of quotas to protect 
U.S. fish during their migration. Numerous other tasks dealing with 
agriculture, forestry, recreational fishing for other species, outreach 
and education, were discussed in the ``Factors Affecting the Species'' 
and the ``Efforts to Protect Maine Atlantic Salmon'' sections of this 
notice. The development of river specific stocks, ongoing habitat 
assessment work, establishment of watershed councils, juvenile survival 
studies, and conversion of Craig Brook Hatchery further support the 
Services' finding that listing is not justified at this time.

Endangered Species Act Oversight

    The process for listing Maine Atlantic salmon under the Act will be 
reinitiated if:
    1. An emergency which poses a significant risk to the well-being of 
the Gulf of Maine DPS is identified and not immediately and adequately 
addressed;
    2. The biological status of the Gulf of Maine DPS is such that the 
DPS is in danger of extinction throughout all or a significant portion 
of its range, or;
    3. The biological status of the Gulf of Maine DPS is such that the 
DPS is likely to become endangered in the foreseeable future throughout 
all or a significant portion of its range.
    The circumstances described under 1, 2, and 3 above could be a 
result of: insufficient progress in implementation of the Conservation 
Plan; a failure to modify the Conservation Plan to address a new 
threat(s) or an increase in the severity of a threat(s); a failure to 
modify the Conservation Plan, if necessary, to address a threat(s) 
facing any other populations added to the Gulf of Maine DPS in the 
future; or the inability of the State of Maine to address a threat(s). 
A decision to reinitiate the listing process generally would be made 
shortly after the end of an annual reporting period; however, under 
circumstances involving an emergency threat, the decision would be made 
immediately following a determination by the Services that the 
emergency threat is not being adequately addressed. Appropriate notice 
will be provided to State officials should the Services decide to 
reinitiate the listing process.

References/Administrative Record

    The complete citations for the references used in the preparation 
of this document can be obtained by contacting Mary Colligan or Paul 
Nickerson (see ADDRESSES section). Persons wishing to review the 
Administrative Record relating to this action may contact either 
individual to set up an appointment.
    Authors: The primary authors of this notice are Mary Colligan and 
Paul Nickerson (see ADDRESSES section).

    Authority: The authority for this action is section 
4(b)(6)(B)(ii) of the Endangered Species Act of 1973, as amended (16 
U.S.C. 1531 et seq.)

    Dated: December 12, 1997.
Jamie Rappaport Clark,
Director, Fish and Wildlife Service.

    Dated: December 12, 1997.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 97-33042 Filed 12-17-97; 8:45 am]
BILLING CODE 4310-55-P