[Federal Register Volume 65, Number 244 (Tuesday, December 19, 2000)]
[Proposed Rules]
[Pages 79328-79336]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-32167]



[[Page 79328]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

 50 CFR Part 224

[Docket No. 001025296-0296-01; I.D. 072600A]
RIN 0648-AO05


Endangered and Threatened Species: Proposed Range Extension for 
Endangered Steelhead in Southern California

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

ACTION: Proposed rule; request for comments.

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SUMMARY: In August 1997, NMFS listed the Southern California steelhead 
Evolutionarily Significant Unit (ESU) as an endangered species and 
defined its southern limit as Malibu Creek in Los Angeles County, 
California, based on the best information available at that time. In 
February 2000, NMFS designated critical habitat for this ESU that 
includes all accessible and occupied waterways, including the adjacent 
riparian zone, below longstanding impassable natural barriers within 
the range of the ESU.
    There is now new information indicating that steelhead or their 
progeny now occur in at least two coastal river basins south of Malibu 
Creek, and have successfully spawned in one of these basins (San Mateo 
Creek). Based on this new information, NMFS is now issuing a proposed 
rule under the Endangered Species Act (ESA) to extend the current range 
of this endangered ESU to San Mateo Creek in northern San Diego County, 
California.
    Within the redefined Southern California steelhead ESU, only 
naturally spawned populations of steelhead, and their progeny, which 
reside below naturally occurring and man-made impassable barriers 
(e.g., impassable waterfalls and dams) are proposed for listing. At 
this time, NMFS is proposing to list only the anadromous life forms of 
Onchorynchus mykiss (O. mykiss) in those river basins south of Malibu 
Creek.

DATES: Comments must be received by February 20, 2001. Requests for 
public hearings must be received by February 2, 2001.

ADDRESSES: Comments on this proposed rule and requests for public 
hearings or reference materials should be sent to the Assistant 
Regional Administrator, Protected Resources Division, NMFS, Southwest 
Region, 501 West Ocean Blvd., Suite 4200, Long Beach, CA 90802-4213.

FOR FURTHER INFORMATION CONTACT: Craig Wingert, 562-980-4021, or Chris 
Mobley, 301-713-1401.

SUPPLEMENTARY INFORMATION:

Previous Federal ESA Actions Related to the Southern California 
Steelhead ESU

    In 1994, NMFS received a petition from the Oregon Natural Resources 
Council and 15 co-petitioners to list west coast steelhead populations 
under the ESA. In response to this petition, NMFS conducted a status 
review of west coast steelhead (Busby et al., 1996). Based on the 
results of this status review and other information which constituted 
the best scientific and commercial data available, NMFS published a 
proposed listing determination on August 9, 1996, that identified 15 
ESUs of steelhead distributed throughout the states of Washington, 
Oregon, Idaho, and California, including the Southern California ESU 
(61 FR 41541). Ten of the ESUs were proposed for listing as threatened 
or endangered species in that document, including the Southern 
California steelhead ESU which was proposed for listing as an 
endangered species. On August 18, 1997, NMFS published a final rule 
listing five steelhead ESUs as threatened or endangered under the ESA 
(62 FR 43937). The Southern California steelhead ESU was listed as an 
endangered species in that final rule.
    On February 5, 1999, NMFS published a proposed critical habitat 
designation for nineteen ESUs of threatened and endangered salmon and 
steelhead distributed throughout Washington, Oregon, Idaho, and 
California (64 FR 5740), including the endangered Southern California 
steelhead ESU. A final rule designating critical habitat for these 19 
ESUs, including the Southern California steelhead ESU, was published on 
February 16, 2000 (65 FR 7764).

New Information Concerning Steelhead Distribution and Habitat Use 
South of Malibu Creek in Southern California

    In the proposed listing determination for the Southern California 
steelhead ESU (61 FR 41541), NMFS indicated that the current range of 
the ESU extended to the southernmost extent of the species range which 
was thought to be Malibu Creek in Los Angeles County based on the best 
available information. Many comments were received regarding this issue 
during the public comment period, with most indicating that the 
southern boundary of the ESU should be extended further south to either 
the southern extent of the species historical range, the Mexican 
border, or some other location. NMFS reviewed the available references 
to steelhead occurring historically and more recently in streams south 
of Malibu Creek and concluded in its final listing determination that 
there was insufficient information to revise the southern boundary of 
this ESU even though some information indicated that steelhead might 
occasionally occur as far south as the Santa Margarita River in San 
Diego County (62 FR 43937).
    The San Mateo Creek watershed arises in the Cleveland National 
Forest and flows in a southwesterly direction to the Pacific Ocean just 
south of San Clemente in northern San Diego County. It is located 
approximately 100 miles (161.3 kilometers (km)) south of Malibu Creek 
which NMFS identified in 1997 as the southern extent of the species 
range and, therefore, the southern boundary of the Southern California 
steelhead ESU. Much of the lower reach of San Mateo Creek flows through 
the Camp Pendleton Marine Corps Base. Approximately 6-7 miles (9.7-11.3 
km) are accessible to steelhead in the mainstem and tributaries. 
According to information in Titus et al. (in press), Woelfel (1991), 
and the California Department of Fish and Game (DFG) (DFG, 2000), San 
Mateo Creek was an important steelhead-producing stream prior to 1950 
and evidently supported a local sport fishery of both juveniles and 
adults. More recently, however, Nehlsen et al. (1991) classified the 
San Mateo Creek steelhead population as extinct.
    In February 1999, an angler reported catching and releasing a 
juvenile steelhead/rainbow trout (O. mykiss) in the lower reach of San 
Mateo Creek. Based on this report, DFG initiated a field investigation 
to confirm the presence of O. mykiss in the San Mateo Creek watershed. 
The results of this investigation are presented in a February 2000 
report prepared by DFG entitled: ``Steelhead Rainbow Trout in San Mateo 
Creek, San Diego County, California''(DFG, 2000), and are summarized 
here.
    Between March 3 and September 3, 1999, a total of 78 juvenile O. 
mykiss were observed by DFG and other personnel in the San Mateo Creek 
watershed, with the majority of these observations occurring in the 
mainstem near its confluence with Devil Canyon. DFG did not employ 
depletion or mark-recapture methods in its surveys; thus, population 
size could not be estimated.

[[Page 79329]]

 In conjunction with the field investigation, DFG also collected 
biological information and samples for subsequent analysis, including 
fin clip tissue samples from two fish for mitochondrial DNA analysis, 
one otolith sample for micro chemical analysis of its primordium to 
determine the marine versus freshwater residency of the maternal 
parent, and scale samples and length measurements to estimate age and 
growth.
    Analysis of the scale samples and associated length data indicated 
that the juvenile O. mykiss observed in 1999 were age 2+ fish that 
constituted a relatively homogenous population in terms of size (164-
245 millimeters (mm) total length). Based on the age of these fish, DFG 
concluded that they were progeny of adults that spawned in 1997. Micro 
chemical analysis of strontium/calcium (Sr/Ca) ratios in the single 
otolith sample obtained from a fish that was sacrificed produced a Sr/
Ca profile characteristic of a fish having an anadromous maternal 
parent (i.e. a steelhead parent). Given the homogenous nature of the 
observed juvenile population in terms of age and length, DFG concluded 
that the juvenile O. mykiss observed in 1999 were the progeny of at 
least one maternal parent that was anadromous and that spawned 
somewhere in the San Mateo Creek watershed in 1997. Finally, genetic 
analysis of tissue samples from two fish demonstrated that both carried 
the mtDNA haplotype (MYS5) which is found most commonly in southern 
California steelhead (Nielson, 1994 and 1996; Nielson et al., 1994a and 
1994b). Since this haplotype is primarily found in southern California 
steelhead populations and it has not been found in any hatchery 
populations of steelhead or domestic trout in California, the juvenile 
O. mykiss population found in San Mateo Creek in 1999 appears to have 
close genetic affinities with native southern California steelhead, and 
is not the result of domestic trout planting.
    In late May 2000, DFG conducted a follow up survey for steelhead in 
the upper portion of San Mateo Creek just above the gauging station on 
Camp Pendleton, including the lower reach of the tributary Devils 
Canyon Creek. This survey was conducted in conjunction with biologists 
from NMFS and the U.S. Fish and Wildlife Service (FWS). The limited 
survey effort observed three adult (approximately 8-12 inches or 200-
300 mm in total length) O. mykiss in the mainstem pools and 
approximately 15-20 juveniles (60-65 mm in total length) in Devils 
Canyon Creek. DFG biologists speculate that the larger size class of O. 
mykiss may be holdover fish from the steelhead population found in 
1999, whereas the smaller juveniles may be the progeny of these 
holdover fish.
    Based on this new information, NMFS believes that reconsideration 
of the geographic range and critical habitat for the Southern 
California steelhead ESU is warranted.

Southern California Steelhead ESU Revision

    To qualify for listing as a threatened or endangered species, 
identified populations of steelhead must be considered a ``species'' 
under the ESA. The ESA defines ``species'' to include ``any subspecies 
of fish or wildlife or plants, and any distinct population segment of 
any species of vertebrate fish or wildlife which interbreeds when 
mature.'' NMFS published a policy (56 FR 58612, November 20, 1991) 
describing how the agency would apply the ESA definition of ``species'' 
to anadromous salmonid species. This policy provides that a salmonid 
population will be considered distinct, and hence a species under the 
ESA, if it represents an ESU of the biological species. A population 
must satisfy two criteria to be considered an ESU: (1) It must be 
reproductively isolated from other conspecific population units; and 
(2) it must represent an important component in the evolutionary legacy 
of the biological species. The first criterion, reproductive isolation, 
need not be absolute, but must be strong enough to permit 
evolutionarily important differences to accrue in different population 
units. The second criterion is met if the population contributes 
substantially to the ecological/genetic diversity of the species as a 
whole. Guidance on the application of this policy is contained in 
Waples (1991). The genetic, ecological, and life history 
characteristics that NMFS assessed to identify the number and 
geographic extent of steelhead ESUs on the west coast in accordance 
with this policy, including the Southern California steelhead ESU, are 
discussed in detail in Busby et al. (1996) and in the August 9, 1996, 
proposed listing determination for west coast steelhead (61 FR 41541).
    The Southern California steelhead ESU, as currently defined, is 
described in previous Federal Register documents (61 FR 41541 and 62 FR 
43937) based on data collected and analyzed by NMFS and summarized in 
the 1996 west coast steelhead status review (Busby et al., 1996) and a 
subsequent status review update (NMFS, 1997). As described in the 
August 18, 1997, final listing determination (62 FR 43937), the 
Southern California ESU consists of all naturally spawned populations 
of steelhead (O. mykiss), and their progeny, which occupy rivers and 
streams from the Santa Maria River in San Luis Obispo County, 
California (inclusive) to the southern extent of the species' range 
which was identified as Malibu Creek in Los Angeles County, California 
(inclusive).
    In the 1996 proposed listing determination for the Southern 
California steelhead ESU (61 FR 41541), NMFS concluded that the current 
range of the ESU extended to the southernmost extent of the species 
range which was thought to be Malibu Creek in Los Angeles County. 
However, NMFS also acknowledged that there were reports of steelhead in 
some coastal streams as far south as the Santa Margarita River in San 
Diego County (Hubbs, 1946; Barnhart, 1986; Higgins, 1991; McEwan and 
Jackson, 1996; and Titus et al., in press), and, therefore, indicated 
that the distribution and abundance of steelhead south of Malibu Creek 
were unresolved issues regarding this ESU. NMFS received many comments 
regarding this issue during the public comment period, with most 
indicating that the southern boundary of the ESU should be extended 
further south to either the historical range of the species, the U.S.- 
Mexico border, or some other location. NMFS reviewed the available 
references to steelhead occurring historically and more recently in 
streams south of Malibu Creek and concluded in the 1997 final listing 
determination for this ESU that there was insufficient information to 
revise the southern boundary of this ESU south of Malibu Creek even 
though some limited anecdotal information suggested steelhead may 
occasionally occur as far south as the Santa Margarita River (62 FR 
43937).
    The recent information compiled by DFG (DFG, 2000) is limited, but 
still suggests that adult steelhead entered San Mateo Creek and 
successfully spawned in 1997. The juvenile progeny of those spawning 
adults were observed by DFG during its field investigations in the 
spring and summer of 1999. More recent information from May 2000 
suggests that steelhead still occupy portions of San Mateo Creek and 
may have successfully spawned again since 1997. The limited genetic 
information suggests that the juvenile steelhead found in 1999 have 
close genetic affinities to native southern California steelhead and 
are not the result of domestic trout planting. Since there is no 
evidence of a resident trout population or recent evidence of

[[Page 79330]]

steelhead presence in San Mateo Creek (DFG, 2000; Titus et al., in 
press; Lang et al., 1998), it is likely that the adult steelhead which 
successfully spawned in 1997 were strays from another watershed 
elsewhere in the Southern California steelhead ESU. Based on a review 
of this new information, NMFS now proposes that the San Mateo Creek 
steelhead population be considered part of the Southern California 
steelhead ESU.
    The Malibu Creek and San Mateo Creek watersheds are separated by 
approximately 100 miles (161.3 km). Therefore, inclusion of the San 
Mateo Creek steelhead population in the Southern California ESU raises 
the question of whether or not steelhead occur or are present in any 
other watersheds located between Malibu Creek and San Mateo Creek. 
Based on information reported by Titus et al. (in press), steelhead 
were historically reported in several watersheds between Malibu Creek 
and San Mateo Creek (i.e., Los Angeles River, San Gabriel River, Santa 
Ana River, and San Juan Creek), but are now extinct as a result of 
major habitat modification or habitat blockage associated with flood 
control, urban development, and other factors. Given the existing 
habitat conditions in these highly modified river systems, NMFS does 
not believe they are currently suitable for steelhead utilization, and, 
therefore, are highly unlikely to support steelhead absent major 
restoration efforts.
    Information regarding the current presence of steelhead in other 
streams between Malibu Creek and San Mateo Creek is lacking with the 
exception of a recent observation of fish in Topanga Creek which is 
approximately 4 miles (6.5 km) south of Malibu Creek. Titus et al., (in 
press) indicated that O. mykiss were observed in Topanga Creek in 1979 
and in the early 1990s. In April 2000, an adult O. mykiss was reported 
in Topanga Creek. A NMFS' biologist conducted a site visit and 
confirmed the presence and identification of two O. mykiss ranging from 
14-20 inches (359-573 mm) in total length. Both fish were observed in a 
relatively deep pool (4 ft (1.2 meters (m)) deep) located about 1 mile 
(1.7 km) upstream of the confluence with the ocean. Based on the 
existing habitat conditions and the size of the fish, it is unlikely 
that they spent their entire life cycle in Topanga Creek. Since there 
is no evidence of any stocking of rainbow trout in Topanga Creek, it is 
most likely that these fish originated from some other stream within 
the ESU. The nearest streams known to support steelhead are Malibu 
Creek and Arroyo Sequit, both of which are located only a few miles 
north of Topanga Creek.
    Although steelhead historically occurred further south than San 
Mateo Creek, there is no evidence that they do so any longer and are 
considered extinct throughout San Diego County by Titus et al., (in 
press). As with most streams south of Malibu Creek, significant habitat 
modification has occurred due to urbanization and other factors which 
have blocked steelhead access to historical spawning and rearing 
habitat and degraded the remaining habitat. Although there is no 
information documenting the presence of steelhead south of San Mateo 
Creek, suitable habitat for steelhead is thought to exist in San Onofre 
Creek which is located on Camp Pendleton just south of San Mateo Creek 
(Lang et al., 1998)

Status of Southern California Steelhead ESU

    The Southern California steelhead ESU was listed as an endangered 
species under the ESA in 1997 (62 FR 43937). The biological status of 
this ESU was described in the final rule based on the results of NMFS' 
west coast steelhead status review (Busby et al., 1996) and in an 
updated status review (NMFS, 1997), which concluded that this ESU was 
at a high risk of extinction.
    Historically, steelhead naturally occurred south into Baja 
California. Titus et al., (in press), as cited in the final listing 
determination, concluded that all steelhead populations south of Malibu 
Creek in Los Angeles County were extinct based on the available 
information. Estimates of pre-1960s abundance for several rivers in 
this ESU (i.e. Santa Ynez, Ventura, Santa Clara, Malibu Creek) suggest 
that individual steelhead populations numbered in the thousands of 
individuals. Published abundance estimates for the Ventura and Santa 
Clara Rivers, for example, ranged from 4,000-6,000 and 7,000-9,000 
fish, respectively. At the time of NMFS' final listing determination, 
the total run size for several streams in the ESU (e.g., Santa Ynez, 
Ventura River, Santa Clara River, Malibu Creek) was estimated to number 
fewer than 200 individuals each (Titus et al., in press). Recent 
information regarding steelhead abundance for the Santa Ynez, Ventura, 
and Santa Clara Rivers suggests that the abundance estimates made at 
the time of the final listing determination were probably high.
    NMFS' primary concerns about this steelhead ESU at the time of its 
listing in 1997, were the widespread and dramatic declines in abundance 
relative to historical levels and the major reduction in the species 
range. Given the extremely low abundance estimates and the associated 
risk associated with demographic and genetic variability in small 
populations, the long-term persistence of sustainability of this ESU in 
the future was a critical concern. In addition, NMFS was concerned that 
the restricted spatial distribution of the remaining populations placed 
the ESU as a whole at risk because of reduced opportunities for re-
colonization of streams suffering local population extinctions. NMFS 
concluded that the principal factors responsible for the decline of 
steelhead populations within this ESU were water diversions and 
extraction, habitat blockages and degradation, agricultural activities, 
and urbanization. Little new information regarding the abundance of 
steelhead in this ESU has been collected since NMFS' final listing 
determination in 1997, with the exception of limited data collected as 
a result of monitoring efforts in the Santa Ynez and Santa Clara 
Rivers. These data are not comprehensive enough to estimate population 
sizes, but they do indicate that these steelhead populations continue 
to be very small.
    As discussed earlier in this document, NMFS has concluded that the 
San Mateo Creek steelhead population should be considered part of the 
Southern California ESU based on the available information. Based on 
the information compiled by DFG, the steelhead population found in San 
Mateo Creek during 1999 appears to be very small and was likely 
produced by a limited number of adults that strayed into the watershed 
and spawned in 1997. Given the small number of steelhead found in San 
Mateo Creek, the apparent extirpation of steelhead from virtually all 
other streams between Malibu Creek and San Mateo Creek with the 
exception of Topanga Creek, and the extremely low abundance estimates 
for all other populations within the ESU, NMFS concludes that the 
proposed redefined Southern California steelhead ESU continues to be at 
a high risk of extinction.

Summary of Factors Affecting the Species

    Section 4(a)(1) of the ESA and NMFS' implementing regulations (50 
CFR part 424) set forth procedures for listing species. The Secretary 
of Commerce (Secretary) must determine, through the regulatory process, 
if a species is endangered or threatened based upon any one or a 
combination of the following factors: (1) The present or threatened 
destruction, modification, or curtailment of its habitat or range; (2) 
overutilization for commercial,

[[Page 79331]]

recreational, scientific, or education purposes; (3) disease or 
predation; (4) inadequacy of existing regulatory mechanisms; or (5) 
other natural or human-made factors affecting its continued existence.
    In conjunction with its proposed listing determination for west 
coast steelhead ESUs in 1996, NMFS prepared a report summarizing the 
factors leading to the decline of west coast steelhead, including the 
Southern California steelhead ESU. This report was entitled: ``Factors 
for Decline: A supplement to the notice of determination for west coast 
steelhead'' (NMFS, 1996). This report concluded that all of the factors 
identified in section 4(a)(1) of the ESA have played a role in the 
decline of west coast steelhead ESUs. The report specifically 
identified destruction and modification of habitat, overutilization for 
recreational purposes, and natural and human-made factors as being the 
primary causes for the decline of steelhead on the west coast.
    NMFS (1996) identified several specific factors that contributed to 
the decline of steelhead populations in the ESU as it was defined in 
the proposed and final listing determinations, including: habitat 
blockages, water diversion and extraction, urbanization, agriculture, 
and recreational harvest. McEwan and Jackson, 1996; and Titus et 
al.,(in press) also cited extensive loss of habitat due to water 
development, impassible dams, and dewatering of portions of rivers as 
the principal reasons for the decline of steelhead in this ESU. Habitat 
problems resulting from water development include inadequate flows, 
flow fluctuations, blockages (partial and full), and entrainment 
(McEwan and Jackson, 1996). These factors for decline are discussed in 
more detail in NMFS (1996), McEwan and Jackson (1996), and in NMFS' 
1997 final listing determination (62 FR 43937). Although NMFS has been 
working to address impacts to the Southern California steelhead ESU 
through sections 7 and 10 of the ESA since it was listed in 1997, these 
same factors continue to adversely affect the small steelhead 
populations which persist in the watersheds ranging from the Santa 
Maria River southward to Malibu Creek. Because NMFS has concluded that 
the Southern California steelhead ESU range should be extended to San 
Mateo Creek, the following discussion focuses only on those factors 
affecting steelhead within the geographic range extending from Malibu 
Creek southward to San Mateo Creek (inclusive).

1. The Present or Threatened Destruction, Modification, or Curtailment 
of Steelhead Habitat or Range

    With the exception of the recent steelhead observations in San 
Mateo Creek and Topanga Creek, steelhead populations south of Malibu 
Creek are thought to be extirpated due to habitat destruction or 
blockages associated with urbanization and flood control (Titus et al., 
in press), although extensive monitoring has not been conducted to 
assess their presence. For example, steelhead access and use of the Los 
Angeles River is currently precluded by the presence of flood control 
structures throughout much of its lower reach such as the concrete 
lining of the river channel and the dam at the Sepulveda Flood Control 
Basin. The lower reaches of the San Gabriel River are highly urbanized 
with the channel modified for flood control, and the river is impounded 
further upstream. The Santa Ana River is similarly modified for flood 
control and flows largely consist of effluent from water treatment 
plants except in the rainy season. Because of these limited flows and 
restricted releases from Prado Dam, fish habitat is limited in the 
lower Santa Ana River. San Juan Creek, a much smaller stream in 
southern Orange County, is also channelized for flood control in its 
lower reach (approximately 2-3 miles (3.2-4.8 km)) and other potential 
barriers to upstream movement also exist.
    San Mateo Creek was once an important production area for steelhead 
in San Diego County (Nehlsen et al., 1991; DFG, 2000). As summarized in 
Titus et al., (in press), steelhead appear to have been most abundant 
in the San Mateo Creek watershed prior to 1950. After 1950, there are 
many fewer observations of steelhead and none after the early 1980s 
until juveniles were found there in 1999. For example, Woelfel (1991) 
found no juvenile steelhead or rainbow trout in San Mateo Creek during 
surveys in 1987-88. Similarly, Lang et al., (1998) failed to observe or 
capture any steelhead during surveys in 1995, 1996, and 1997. The 
steelhead population in San Mateo Creek was probably reduced by natural 
episodes of sediment input from within the watershed. However, 
increased groundwater extraction in the lower creek area since the mid-
1940s is also thought to be responsible, both directly and indirectly, 
for the inability of steelhead to use the system as they historically 
did (DFG, 2000; Titus et al., in press; Lang et al., 1998). Riparian 
vegetation has been lost, stream channel width has increased, and 
surficial flow has been reduced or eliminated during most of the year. 
Accordingly, the migration corridor for immigrating adult and 
emigrating juvenile steelhead has become very unreliable. Human-caused 
fires farther upstream have also resulted in large sediment input that 
has filled pools and contributed sediment to the lagoon at the river 
mouth, both of which are important rearing habitat for juvenile 
steelhead. Despite less than optimal conditions in the lower river 
which are not always conducive to adult or juvenile passage, Lang et 
al., (1998) and DFG (2000) have identified upstream spawning and 
rearing habitat which can be used by steelhead when sufficient flows 
allow adult passage.

2. Overutilization for Commercial, Recreational, Scientific, or 
Education Purposes

    NMFS' review of factors affecting west coast steelhead concluded 
that harvest was a factor contributing to the decline of the Southern 
California steelhead ESU (NMFS, 1996). According to McEwan and Jackson 
(1996), steelhead in most streams in Santa Barbara, Ventura, and Los 
Angeles Counties were until the early 1990s subject to the most liberal 
angling regulations anywhere in the State of California. Most streams 
in southern California were regulated by the general regulations of the 
Southern Sport Fishing District (which includes Santa Barbara, Ventura, 
Los Angeles, Orange, and San Diego counties) which allowed fishing 
year-round with a five-fish daily bag limit. The only streams with 
special protective regulations were the Ventura River and Malibu Creek.
    Because steelhead populations in southern California had declined 
to such critically low population levels by the early 1990s, the 
California Fish and Game Commission adopted more restrictive angling 
regulations for some streams (Santa Ynez River, Ventura River, Santa 
Clara River, and Gaviota Creek) in 1994. These more stringent 
regulations included: (1) a reduction in the fishing season from year 
round to the Saturday before Memorial Day through December 31; (2) a 
zero bag limit; and (3) a requirement that anglers use artificial lures 
with barbless hooks. In 1996, these same regulations were adopted by 
the Commission for the anadromous reaches of all coastal streams in 
southern California. Within the coastal area extending south of Malibu 
Creek to San Mateo Creek, these same regulations are now in effect for 
the following streams: Topanga Creek, San Juan Creek, and San Mateo 
Creek. Given the extremely low numbers of juvenile steelhead that were 
found in

[[Page 79332]]

San Mateo Creek, and the possible sporadic occurrence of small numbers 
of steelhead in other streams (e.g., Topanga Creek), recreational 
angling may continue to be a risk to steelhead in at least some 
portions of the redefined Southern California steelhead ESU.

3. Disease or Predation

    Introductions of non-native species and habitat modifications have 
resulted in increased predator populations in numerous west coast river 
systems, thereby increasing the level of predation experienced by 
steelhead and other salmonids (NMFS, 1996). Exotic fish species that 
are potential predators of steelhead are known to occur in San Mateo 
Creek and other watersheds (San Onofre Creek, Santa Margarita River) on 
Camp Pendleton (Lang et al., 1998). According to Lang et al., (1998) 
brown bullhead dominated the fish assemblage in San Mateo Creek, with 
both adults and juveniles observed in perennial pools. Other species 
observed in the San Mateo Creek watershed included, mosquito fish, 
adult and juvenile green sunfish, bluegill and largemouth bass. One 
Channel catfish, which is a known predator of steelhead, was found dead 
in the upper San Mateo Creek in a portion of the Cleveland National 
Forest (Lang et al., 1998). Brown trout have been stocked in San Mateo 
Creek (last time in the mid 1980s), but they were not observed during 
the most recent surveys (Lang et al., 1998).
    Mosquito fish were introduced for mosquito abatement and are found 
in most Camp Pendleton waters. This species has taken over the niche of 
the native three-spined stickleback which is often an important prey 
item for salmonids; thus it could possibly serve as a prey item for 
steelhead in San Mateo Creek. Green sunfish dominated the San Mateo 
Creek lagoon in the late 1980s and early 1990's according to Swift 
(1994) and were the only fish found in perennial pools in the upper 
watershed and Devil Canyon in the late 1980's, suggesting that they may 
have displaced residual steelhead during the drought period (Woelfel, 
1991). In other California streams (i.e., Malibu Creek and Carmel 
River) green sunfish were found to prey on juvenile trout (Swift, 1975; 
Greenwood, 1988; cited in Woelfel, 1991), and in San Clemente Reservoir 
on the Carmel River, green sunfish outcompeted trout for benthic food 
(Greenwood, 1988).
    The control of exotic fish species in the San Mateo Creek 
watershed, both on Camp Pendleton and in Cleveland National Forest, is 
considered critical to restoring steelhead to that watershed (DFG, 
2000; Lang et al., 1998). Lang et al., (1998) recommend implementation 
of measures to contain exotic fish species in small lakes and ponds 
where recreational fishing occurs, in conjunction with efforts to 
control in-river propagation of exotics using Rotenone, electro-
shocking, seining, or other means in perennial pools during summer low 
flows.

4. Inadequacy of Existing Regulatory Mechanisms

    Virtually all of the San Mateo Creek watershed is located on 
Federal land managed by the Cleveland National Forest or the Camp 
Pendleton Marine Corps Base. San Mateo Creek originates in the 
Cleveland National Forest and flows in a southwesterly direction 
through Camp Pendleton to the Pacific Ocean just south of San Clemente, 
California. Within the San Mateo Creek watershed, the majority of 
spawning and rearing habitat is upstream from Camp Pendleton within the 
Cleveland National Forest. That portion of San Mateo Creek on Camp 
Pendleton is primarily migratory habitat for steelhead.
    That portion of the San Mateo Creek watershed that is located on 
Cleveland National Forest land has not been greatly altered by human 
activity over the past 50 years (Woelfel, 1991). Forest lands in the 
watershed have remained natural and undeveloped over this period 
although there are a few private property in-holdings which have had 
limited development. Woelfel (1991) reviewed water use on these private 
in-holdings and concluded that stream flows in the watershed were not 
significantly altered. According to Woelfel (1991), one of the main 
activities of the Cleveland National Forest has been the protection of 
vegetation and water resources in its various watersheds through the 
prevention of forest fires. In part, this effort was intended to 
protect and manage forest vegetation so that water resources were 
retained and water quality remained high. In the San Mateo Creek 
watershed this effort was not especially successful because of the 
rugged and isolated conditions.
    The lower portion of San Mateo Creek watershed which flows through 
Camp Pendleton has been impacted by base activities (Woelfel, 1991). 
Groundwater extraction to support base military training operations and 
on-base agriculture has led to stream channel dewatering or reduced 
channel flows, loss of riparian vegetation, and increased erosion. 
Military training operations, including accidental fires caused by live 
ammunition use, have likely contributed to erosion problems in the 
watershed. The cumulative effect of groundwater extraction, reduction 
or loss of riparian vegetation, stream channel morphology changes, and 
accelerated erosion is that steelhead migration opportunities are 
impacted. Based on the available information, it unlikely that existing 
land and water management programs on Camp Pendleton provide sufficient 
protection for steelhead or its habitat in the San Mateo Creek 
watershed.

5. Other Natural or Human-Made Factors Affecting Continued Existence of 
Steelhead

    Natural climatic conditions have exacerbated the problems 
associated with degraded and altered riverine and estuarine habitats. 
Persistent drought conditions have reduced already limited spawning, 
rearing and migration habitat. Climatic conditions appear to have 
resulted in decreased ocean productivity which, during more productive 
periods, may help offset degraded freshwater habitat conditions (NMFS, 
1996).

Efforts Being Made to Protect Southern California Steelhead ESU

    Section 4(b)(1)(A) of the ESA requires the Secretary of Commerce to 
make listing determinations solely on the basis of the best scientific 
and commercial data available after conducting a review of the status 
of the species, including factors affecting the species, and after 
taking into account efforts being made to protect the species. 
Therefore, in making its listing determinations, NMFS first assesses 
the status of the species and identifies factors that have lead to the 
decline of the species. NMFS then assesses conservation measures to 
determine if they ameliorate risks to the species.
    As part of its west coast steelhead status review, NMFS reviewed an 
array of protective efforts for west coast steelhead and other 
salmonids, including the Southern California steelhead ESU, ranging in 
scope from regional strategies to local watershed initiatives. NMFS has 
summarized some of the major efforts in a document entitled ``Steelhead 
Conservation Efforts: A Supplement to the Notice of Determination for 
West Coast Steelhead under the Endangered Species Act'' (NMFS, 1996c).
    In the coastal area extending from Malibu Creek southward to San 
Mateo Creek, no steelhead-specific conservation efforts are currently 
in place, although there have been recent assessments of habitat 
distribution and restoration potential in the Camp Pendleton area (Lang 
et al., 1998; and

[[Page 79333]]

DFG, 2000). Recently, however, the California voters passed a State-
wide proposition which provides $800,000 for the restoration of San 
Mateo Creek and San Onofre Creek, both of which are located on Camp 
Pendleton, to support native fish species including the unarmored 
three-spined stickleback, arroyo chub, and steelhead. This restoration 
program is expected to focus on addressing control of exotic plants, 
control of exotic fish species which compete with and/or prey upon 
steelhead and other native species, restoration of streambed pools, 
channels and stream banks, and the reintroduction of native plants and 
possibly native fish species. A wide range of agencies and private 
organizations, including the Cleveland National Forest, Camp Pendleton 
Marine Corps Base, FWS, DFG, Trout Unlimited, San Diego Trout, and the 
Coastal Conservancy, are expected to participate in development of this 
program. NMFS strongly encourages this effort and intends to 
participate in its development and implementation.
    In addition to this State funding directed at San Mateo Creek 
restoration, the U.S. Congress appropriated $9.0 million in Fiscal Year 
2000 for Pacific Coastal Salmon Recovery in California. A Memorandum of 
Understanding has been signed between NMFS and the State of California 
that will govern the expenditure of these funds, some of which may be 
directed at habitat restoration and other related issues within the 
range of the Southern California steelhead ESU.

Proposed Determination

    Section 3 of the ESA defines the term ``endangered species'' as 
``any species which is in danger of extinction throughout all or a 
significant portion of its range.'' The term ``threatened species'' is 
defined as ``any species which is likely to become an endangered 
species within the foreseeable future throughout all or a significant 
portion of its range.'' In its previous status reviews for west coast 
salmon and steelhead, NMFS has identified a number of factors that 
should be considered in evaluating the level of risk faced by an ESU, 
including: (1) absolute numbers of fish and their spatial and temporal 
distribution; (2) current abundance in relation to historical abundance 
and current carrying capacity of the habitat; (3) trends in abundance; 
(4) natural and human-influenced factors that cause variability in 
survival and abundance; (5) possible threats to genetic integrity 
(e.g., from strays or outplants from hatchery programs); and (6) recent 
events (e.g., a drought or changes in harvest management) that have 
predictable short-term consequences for abundance of the ESU. Section 
4(b)(1) of the ESA requires that the listing determination be based 
solely on the best scientific and commercial data available, after 
conducting a review of the status of the species and after taking into 
account those efforts, if any, being made to protect such species.
    As a result of its 1996 coast-wide status review of steelhead, NMFS 
concluded that the Southern California steelhead ESU constituted a 
``species'' under the ESA (NMFS, 1996). Based on the information 
available at that time, NMFS concluded that the current range of this 
ESU extended from the Santa Maria River (inclusive) to, and including, 
Malibu Creek (61 FR 41541; 62 FR 43937). The recent information 
compiled by DFG (DFG, 2000) indicates that adult steelhead, which were 
most likely strays from elsewhere in the Southern California steelhead 
ESU, successfully spawned in San Mateo Creek during 1997 and 
subsequently reared through at least 1998 and 1999. In addition, 
steelhead have recently been observed in Topanga Creek which is located 
just a few miles south of Malibu Creek. Based on a consideration of 
this new information, including the existence of documented spawning 
and rearing habitat in the San Mateo Creek watershed (Lang et al., 
1998; DFG, 2000), NMFS now proposes to redefine the Southern California 
steelhead ESU to include any populations of steelhead (or their 
progeny) that occur in watersheds southward of Malibu Creek to, and 
including, San Mateo Creek.
    Based on the best scientific information available in 1996, NMFS 
concluded that the Southern California steelhead ESU, as it was defined 
at that time (i.e., Santa Maria River to and including Malibu Creek), 
was in danger of extinction (NMFS, 1996; 61 FR 41541). This conclusion 
was based on the fact that steelhead had already been extirpated from 
much of its historic range in southern California, the extremely low 
abundance of extant steelhead populations, and the continued threats to 
the species from widespread habitat degradation and loss, water 
diversions and extraction, and other factors. As discussed previously 
in this document, there is no new information indicating that steelhead 
populations occurring in watersheds ranging from the Santa Maria River 
to Malibu Creek have increased in abundance since NMFS' final listing 
determination in 1997. In addition, steelhead are almost completely 
extirpated from coastal watersheds south of Malibu Creek, with the 
exception of their recent observations in San Mateo Creek and Topanga 
Creek, and occur in only very low abundance in those streams. Based on 
a consideration of this new information regarding steelhead presence 
south of Malibu Creek, NMFS concludes that the redefined Southern 
California steelhead ESU continues to be at a high risk of extinction.
    Based on a review of the currently available information regarding 
the status of steelhead populations in the proposed redefined Southern 
California steelhead ESU (Santa Maria River to and including San Mateo 
Creek), as well as a consideration of the various factors affecting 
this steelhead ESU, NMFS proposes that the redefined ESU continues to 
warrant listing as an endangered species under the ESA. Only anadromous 
life forms (i.e., steelhead and their progeny) of O. mykiss within the 
range of this proposed redefined ESU will be part of the listed 
population.
    As discussed previously in this document, the currently available 
information indicates that steelhead or their progeny have only been 
found in two watersheds, Topanga Creek and San Mateo Creek, located 
south of Malibu Creek. Based on the currently available information, 
NMFS believes that steelhead have been extirpated from virtually all 
other streams and rivers between Malibu Creek and San Mateo Creek, 
including the Los Angeles River, San Gabriel River, Santa Ana River, 
and San Juan Creek, because viable habitat is extremely limited or no 
longer exists. For these reasons, NMFS does not expect that steelhead 
will occur in these watersheds in the future absent major restoration 
efforts. Nevertheless, if steelhead or their progeny are found to occur 
in any stream or river between Malibu Creek and San Mateo Creek, NMFS 
will consider those fish to be part of the listed ESU, and, therefore, 
protected under the ESA. Because steelhead in this ESU may potentially 
stray to streams south of San Mateo Creek, NMFS will also consider 
steelhead or their progeny that occur south of San Mateo Creek to be 
part of the listed ESU unless there is evidence to indicate they are 
resident forms or derived from hatchery rainbow trout populations. NMFS 
will inform the public of the presence of southern California steelhead 
south of the proposed redefined ESU's range via a Federal Register 
document.

Prohibitions and Protective Measures

    Section 9 of the ESA prohibits certain activities that directly or 
indirectly

[[Page 79334]]

affect endangered species. These prohibitions apply to all individuals, 
organizations, and agencies subject to U.S. jurisdiction. Section 9 
prohibitions apply automatically to endangered species such as the 
redefined Southern California steelhead ESU.
    Sections 7(a)(2) and 7(a)(4) of the ESA require Federal agencies to 
consult with NMFS to ensure that activities they authorize, fund, or 
conduct are not likely to jeopardize the continued existence of a 
listed species or a species proposed for listing, or adversely modify 
critical habitat or proposed critical habitat. Federal agencies and 
actions that may be affected by the revision of the Southern California 
steelhead ESU and its critical habitat designation are the U.S. Forest 
Service (USFS) and their management and regulatory activities in 
Cleveland National Forest, the U.S. Marine Corps and its operation and 
management of Camp Pendleton Marine Corps Base, and the Corps of 
Engineers (COE) and its issuance of permits under the Clean Water Act.
    Sections 10(a)(1)(A) and 10(a)(1)(B) of the ESA provide NMFS with 
authority to grant exceptions to the ESA's ``take'' prohibitions. 
Section 10(a)(1)(A) scientific research and enhancement permits may be 
issued to entities (Federal and non-Federal) for scientific purposes or 
to enhance the propagation or survival of a listed species. NMFS has 
issued section 10(a)(1)(A) research/enhancement permits for listed 
salmonids, including steelhead in the Southern California ESU, to 
conduct activities such as trapping and tagging and other research and 
monitoring activities.
    Section 10(a)(1)(B) incidental take permits may be issued to non-
Federal entities conducting activities which may incidentally take 
listed species so long as the taking is incidental to, and not the 
purpose of, the carrying out of an otherwise lawful activity. The types 
of activities potentially requiring a section 10(a)(1)(B) incidental 
take permit include the operation and release of artificially 
propagated fish by state or privately operated and funded hatcheries, 
state regulated angling, academic research not receiving Federal 
authorization or funding, road building, grazing, and diverting water 
onto private lands.

NMFS Policies on Endangered and Threatened Fish and Wildlife

    On July 1, 1994, NMFS and FWS published a policy in the Federal 
Register (59 FR 34272) indicating that the agencies would, to the 
maximum extent practicable at the time a species is listed, identify 
those activities that will not be considered likely to result in 
violations of section 9, as well as activities that will be considered 
likely to result in violations. NMFS believes that, based on the best 
available information, the following actions will not result in a 
violation of section 9 with regard to steelhead in the redefined 
Southern California ESU:
    1. Possession of steelhead which are acquired lawfully by permit 
issued by NMFS pursuant to section 10 of the ESA, or by the terms of an 
incidental take statement pursuant to section 7 of the ESA.
    2. Federally funded or approved projects that involve activities 
such as military operations, agriculture, grazing, mining, road 
construction, discharge of fill material, stream channelization or 
diversion for which section 7 consultation has been completed, and when 
activities are conducted in accordance with any terms and conditions 
provided by NMFS in an incidental take statement accompanying a 
biological opinion.
    Activities that NMFS believes could potentially harm steelhead in 
the redefined Southern California steelhead ESU, and, therefore, may 
violate the section 9 take prohibitions of the ESA include, but are not 
limited to:
    1. Land-use activities that adversely affect steelhead habitat 
(e.g., agriculture, water extraction, recreational activities, road 
construction in riparian areas and areas susceptible to mass wasting 
and surface erosion).
    2. Destruction/alteration of steelhead habitat, such as removal of 
woody debris or riparian shade canopy, dredging, discharge of fill 
material, draining, ditching, diverting, blocking, or altering stream 
channels or surface or ground water flow.
    3. Discharges or dumping of toxic chemicals or other pollutants 
(e.g., sewage, oil, gasoline) into waters or riparian areas supporting 
steelhead.
    4. Violation of discharge permits.
    5. Pesticide applications.
    6. Collecting or handling of steelhead. Permits to conduct these 
activities are available for purposes of scientific research or to 
enhance the propagation or survival of the species.
    7. Introduction of non-native species likely to prey on steelhead 
or displace them from their habitat.
    These lists are not exhaustive. They are intended to provide some 
examples of the types of activities that might or might not be 
considered by NMFS as constituting a prohibited take of steelhead in 
the Southern California steelhead ESU. Questions regarding whether 
specific activities may constitute a violation of the section 9 take 
prohibitions, and general inquiries regarding prohibitions and permits, 
should be directed to NMFS (see ADDRESSES).

Critical Habitat

    Section 4(a)(3)(A) of the ESA requires that, to the maximum extent 
prudent and determinable, NMFS designate critical habitat concurrently 
with a determination that a species is endangered or threatened. While 
NMFS has completed its initial analysis and proposes that the San Mateo 
Creek population of steelhead be part of the Southern California 
steelhead ESU, and that the range of the ESU should, therefore, be 
extended from Malibu Creek to San Mateo Creek, the agency has not 
performed the full analysis necessary for determining whether the 
existing critical habitat designation for this ESU should be modified 
to include areas south of Malibu Creek. Prior to making any 
determination regarding the modification of the existing critical 
habitat designation, NMFS intends to complete an analysis of the 
additional habitat, if any, which is necessary for the conservation and 
recovery of this ESU. NMFS expects that a recovery team will be 
established in the near future to develop recovery goals for this ESU, 
and intends to rely on the team's analysis and recommendations in 
making any determination to modify the existing critical habitat. In 
conjunction with these efforts, NMFS also intends to work with Federal 
land managers (Camp Pendleton Marine Corps Base and Cleveland National 
Forest) to review and evaluate their existing land management and 
habitat protection programs to determine the extent to which they 
protect steelhead and its habitat in the San Mateo Creek watershed. It 
is NMFS intent to complete its analysis and make a determination about 
whether or not any habitat south of Malibu Creek should be incorporated 
into the existing critical habitat designation within the next year.

Public Comments Solicited

    NMFS has exercised its best professional judgement in developing 
this proposal to redefine the Southern California steelhead ESU. To 
ensure that the final action resulting from this proposal will be as 
accurate and effective as possible, NMFS is soliciting comments and 
suggestions from the public, other governmental agencies, the 
scientific community, industry, and any other interested parties 
regarding the proposal. NMFS is interested in any relevant information 
concerning: (1) biological or other relevant data

[[Page 79335]]

concerning any threats to steelhead or its habitat in this redefined 
ESU; (2) the range, distribution, and population size of steelhead in 
this redefined ESU or in areas outside its southern boundary, including 
habitat utilization; (3) current or planned activities in the redefined 
ESU and their possible impact on steelhead or its habitat; and (4) 
efforts being made to protect steelhead or its habitat in this 
redefined ESU. Written comments on the proposal should be sent to NMFS 
(see ADDRESSES and DATES).

Public Hearings

    NMFS has not scheduled any public hearings on this proposal. 
However, Joint Commerce-Interior ESA implementing regulations state 
that the Secretary ``shall promptly hold at least one public hearing if 
any person so requests within 45 days of publication of a proposed 
regulation to list ... or to designate or revise critical habitat.'' 
(see 50 CFR 424.16(c)(3)). Requests for public hearings must be 
received by February 2, 2001.

References

    A complete list of all cited references is available upon request 
(see ADDRESSES).

Classification

National Environmental Policy Act

    The 1982 amendments to the ESA, in section 4(b)(1)(A), restrict the 
information that may be considered when assessing species for listing. 
Based on this limitation of criteria for a listing decision and the 
opinion in Pacific Legal Foundation v. Andrus, 675 F. 2d 825 (6th Cir. 
1981), NMFS has concluded that ESA listing actions are not subject to 
the environmental assessment requirements of the National Environmental 
Policy Act (NEPA). See NOAA Administrative Order 216-6.

Executive Order 12866 and Regulatory Flexibility Act

    As noted in the Conference Report on the 1982 amendments to the 
ESA, economic impacts cannot be considered when assessing the status of 
species. Therefore, the economic analysis requirements of the 
Regulatory Flexibility Act are not applicable to the listing process. 
In addition this proposed rule is exempt from review under Executive 
Order 12866.

Paperwork Reduction Act

    This rule does not contain a collection-of-information requirement 
for purposes of the Paperwork Reduction Act.

Executive Order 13132 - Federalism

    In keeping with the intent of the Administration and Congress to 
provide continuing and meaningful dialogue on issues of mutual State 
and Federal interest, NMFS has conferred with state and local 
government agencies in the course of assessing the status of this ESU, 
and considered, among other things, state and local conservation 
measures. State and local governments have expressed support for both 
the conservation of this ESU and for those activities which affect it. 
NMFS staff have had discussions with various government agency 
representatives regarding the status of this ESU and have sought 
working relationships with them in order to promote restoration and 
conservation of this and other ESUs. As the process continues, NMFS 
intends to continue engaging in informal and formal contacts with 
affected State, regional, or local entities, giving careful 
consideration to all written and oral comments received on the proposed 
action. NMFS intends to consult, as needed, with appropriate elected 
officials in the promulgation of a final rule.

List of Subjects in 50 CFR Part 224

    Administrative practices, and procedure, Endangered and threatened 
species, Exports, Imports, Reporting and record keeping requirements, 
Transportation.

    Dated: 11, 2000.
William T. Hogarth,
Deputy Assistant Administrator, National Marine Fisheries Service.

    For the reasons set forth in the preamble, 50 CFR part 224 is 
proposed to be amended as follows:

PART 224 -- ENDANGERED MARINE AND ANADROMOUS SPECIES

    1. The authority citation for part 224 continues to read as 
follows:

    Authority: 16 U.S.C. 1531-1543; and 16 U.S.C. 1361 et seq.

    2. In Sec.  224.101, paragraph (a) is revised to read as follows:


Sec.  224.101  Enumeration of endangered marine and anadromous species.

    (a) Marine and anadromous fish.The following table lists the common 
and scientific names of endangered species, the locations where they 
are listed, and the citations for the listings and critical habitat 
designations.

                                           Common and Scientific Names
----------------------------------------------------------------------------------------------------------------
                    Species\1\
--------------------------------------------------     Where listed         When listed        Critical habitat
           Common name            Scientific name
----------------------------------------------------------------------------------------------------------------
Shortnose sturgeon                      Acipenser  U.S.A.,              32 FR 4001, Mar.     NA
                                     brevirosrtum   northwestern         11, 1967.
                                                    Atlantic, in river
                                                    systems from the
                                                    Saint John River
                                                    in New Brunswick,
                                                    Canada, to the St.
                                                    Johns River,
                                                    Florida.
Southern California steelhead        Oncorhynchus  U.S.A., CA,          62 FR 43937, Aug.    64 FR 5740, Feb. 5,
                                           mykiss   including all        18, 1997.            1999
                                                    naturally spawned
                                                    populations of
                                                    steelhead (and
                                                    their progeny) in
                                                    streams from the
                                                    Santa Maria River,
                                                    San Luis Obispo
                                                    County, California
                                                    (inclusive) to San
                                                    Mateo Creek, San
                                                    Diego County,
                                                    California
                                                    (inclusive).
Upper Columbia River steelhead       Oncorhynchus  U.S.A., WA,          62 FR 43937, Aug.    64 FR 5740, Feb. 5,
                                           mykiss   including the        18, 1997.            1999
                                                    Wells Hatchery
                                                    stock and all
                                                    naturally spawned
                                                    populations of
                                                    steelhead (and
                                                    their progeny) in
                                                    streams in the
                                                    Columbia River
                                                    Basin upstream
                                                    from the Yakima
                                                    River, Washington,
                                                    to the U.S.-
                                                    Canada Border.
Snake River sockeye salmon           Oncorhynchus  U.S.A., ID, Snake    56 FR 58619, Nov.    58 FR 68543, Dec.
                                            nerka   River.               20, 1991.            28, 1993

[[Page 79336]]

 
Upper Columbia River spring-run      Oncorhynchus  U.S.A., WA,          64 FR 14308, Mar.    65 FR 7764, Feb.
 chinook salmon                       tshawytscha   including all        24, 1999.            16, 2000
                                                    naturally spawned
                                                    populations of
                                                    chinook salmon in
                                                    Columbia River
                                                    tributaries
                                                    upstream of the
                                                    Rock Island Dam
                                                    and downstream of
                                                    Chief Joseph Dam
                                                    in Washington
                                                    (excluding the
                                                    Okanogan River),
                                                    the Columbia River
                                                    from a straight
                                                    line connecting
                                                    the west end of
                                                    the Clatsop jetty
                                                    (south jetty,
                                                    Oregon side) and
                                                    the west end of
                                                    the Peacock jetty
                                                    (north jetty,
                                                    Washington side)
                                                    upstream to Chief
                                                    Joseph Dam in
                                                    Washington, and
                                                    the Chiwawa River
                                                    (spring run),
                                                    Methow River
                                                    (spring run),
                                                    Twisp River
                                                    (spring run),
                                                    Chewuch River
                                                    (spring run),
                                                    White River
                                                    (spring run), and
                                                    Nason Creek
                                                    (spring run)
                                                    hatchery stocks
                                                    (and their
                                                    progeny).
Sacramento River winter-run          Oncorhynchus  U.S.A., CA,          59 FR 13836, Mar.    58 FR 33212, Jun.
 chinook salmon                       tshawytscha   Sacramento River.    23, 1994.            16, 1993
Salmon, Atlantic                      Salmo Salar  U.S.A., ME Gulf of     .................  NA
                                                    Maine Atlantic
                                                    Salmon Distinct
                                                    Population
                                                    Segment, which
                                                    includes all
                                                    naturally
                                                    reproducing wild
                                                    populations and
                                                    those river-
                                                    specific hatchery
                                                    populations of
                                                    Atlantic salmon
                                                    having historical,
                                                    river-specific
                                                    characteristics
                                                    found north of and
                                                    including
                                                    tributaries of the
                                                    lower Kennebec
                                                    River to, but not
                                                    including, the
                                                    mouth of the St.
                                                    Croix River at the
                                                    U.S.-Canada
                                                    border. To date,
                                                    the Services have
                                                    determined that
                                                    these populations
                                                    are found in the
                                                    Dennys, East
                                                    Machias, Machias,
                                                    Pleasant,
                                                    Narraguagus,
                                                    Sheepscot, and
                                                    Ducktrap Rivers
                                                    and in Cove Brook,
                                                    Maine..
Totoaba                                 Cynoscion  Mexico, Gulf of CA.  44 FR 29480, May     NA
                                       macdonaldi                        21, 1979.
----------------------------------------------------------------------------------------------------------------
\1\Species includes taxonomic species, subspecies, distinct population segments (or DPSs, as defined in 61 FR
  4722, February 7, 1996), and evolutionarily significant units (or ESUs, as defined in 56 FR 58612, November
  20, 1991)

[FR Doc. 00-32167 Filed 12-18-00; 8:45 am]
BILLING CODE 3510-22-S