[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
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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