[Federal Register Volume 66, Number 64 (Tuesday, April 3, 2001)]
[Proposed Rules]
[Pages 17659-17668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-8049]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 223 and 224

[Docket No. 010312061-1061-01; I.D. 061199B]
RIN 0648-XA63


Endangered and Threatened Species: Puget Sound Populations of 
Copper Rockfish, Quillback Rockfish, Brown Rockfish, and Pacific 
Herring

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

ACTION: Notice of determination of status review.

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SUMMARY: NMFS has completed an Endangered Species Act (ESA) status 
review for copper rockfish (Sebastes caurinus), quillback rockfish (S. 
maliger), brown rockfish (S. auriculatus), and Pacific herring (Clupea 
pallasi) populations in the eastern North Pacific Ocean. After 
reviewing the available scientific and commercial information, NMFS has 
determined that the petitioned populations of the three rockfish 
species in Puget Sound, WA do not warrant listing as threatened or 
endangered at this time. NMFS also concludes that the petitioned 
Pacific herring populations are part of a larger distinct population 
segment (DPS) that qualifies as a species under the ESA but does not 
warrant listing as threatened or endangered at this time.

ADDRESSES: Protected Resource Division, NMFS, 525 NE Oregon Street, 
Suite 500, Portland, OR 97232. Reference materials regarding this 
determination can be obtained via the Internet at www.nwr.noaa.gov/1salmon/salmesa/pubs.htm .

FOR FURTHER INFORMATION CONTACT: Garth Griffin, NMFS, Northwest Region 
(503) 231-2005, or Marta Nammack, NMFS, Office of Protected Resources 
(301) 713-1401.

SUPPLEMENTARY INFORMATION:

Petition Background

    On February 8, 1999, the Secretary of Commerce received a petition 
from Sam Wright of Olympia, WA, to list as threatened or endangered 
under the ESA and to designate critical habitat for 18 species of 
marine fishes in Puget Sound, WA. On June 21, 1999 (64 FR 33037), NMFS 
accepted the petition for seven of these species, including Pacific 
herring and three members of the genus

[[Page 17660]]

Sebastes: copper rockfish, quillback rockfish, and brown rockfish. 
Although there was not enough information to warrant reviews for 11 of 
the petitioned rockfish species, NMFS believes that the assessments for 
copper, quillback, and brown rockfish reflect current trends and risks 
for Puget Sound rockfish in general. Findings for three of the seven 
species (Pacific hake, Pacific cod, and walleye pollock) have already 
been completed and were announced on November 22, 2000 (65 FR 58612).
    The petitioner requested listings for ``species/populations or 
evolutionary [sic] significant units'' in Puget Sound, WA. Under the 
ESA, a listing determination can address a species, subspecies, or DPS 
of a vertebrate species (16 U.S.C. 1532 (15)). The term 
``evolutionarily significant unit'' is currently defined only for 
Pacific salmonid DPSs (56 FR 58612, November 20, 1991). Therefore, to 
define the four species being discussed here, NMFS relied on the DPS 
framework described in the joint NMFS/USFWS policy (61 FR 4722, 
February 7, 1996). See ``Consideration as a `Species' Under the ESA'' 
section of this document.
    To ensure a comprehensive review, NMFS requested comments from any 
party having relevant information concerning: (1) biological or other 
relevant data that may help identify rockfish and Pacific herring DPSs; 
(2) the range, distribution, and size of these species' populations in 
Puget Sound and coastal waters of Washington and British Columbia; (3) 
current or planned activities and their possible effects on these 
species; and (4) efforts being made to protect these species in 
Washington and British Columbia. NMFS also asked for quantitative 
evaluations of the quality and extent of the species' estuarine and 
marine habitats and information on areas that may qualify as critical 
habitat in Washington. Although the status review focused on the 
petitioned populations in Puget Sound, NMFS also considered populations 
from the U.S. West Coast, British Columbia, and Alaska, because of 
their geographic proximity and potential relationship to populations in 
Puget Sound.
    A NMFS Biological Review Team (BRT) made up of staff from NMFS' 
Northwest Fisheries Science Center, Southwest Fisheries Science Center, 
Alaska Fisheries Science Center, and the U.S. Fish and Wildlife Service 
(USFWS) has reviewed the best available scientific and commercial 
information pertaining to copper rockfish, quillback rockfish, brown 
rockfish, and Pacific herring from California to Alaska (NMFS, 2001a 
and 2001b). This document summarizes the principal results of this 
status review. Copies of the entire BRT report and other documents 
relevant to this review are available upon request (see ADDRESSES).

Biological Background

    This section describes the general physical setting and biological 
attributes of copper rockfish, quillback rockfish, brown rockfish, and 
Pacific herring. More detailed information can be obtained from the 
NMFS status reviews (NMFS, 2001a and 2001b) and species accounts 
contained in Miller and Lea (1972), Hart (1973), Eschmeyer et al. 
(1983), and Kessler (1985).
    The petition focused on populations in Puget Sound, a fjord-like 
estuary located in northwest Washington State that covers an area of 
about 9,000 km\2\ and has about 3,700 km of coastline. It is subdivided 
into five basins or regions: (1) North Puget Sound, (2) Main Basin, (3) 
Whidbey Basin, (4) South Puget Sound, and (5) Hood Canal. The Georgia 
Basin is an international water body that encompasses the marine waters 
of Puget Sound, the Strait of Georgia, and the Strait of Juan de Fuca. 
The coastal drainage of the Georgia Basin is bounded to the west and 
south by the Olympic and Vancouver Island Mountains, and to the north 
and east by the Cascade and Coast Ranges.
    The petition addressed only those populations of rockfish and 
Pacific herring found in Puget Sound. The petitioner stated that there 
may be genetic differences between rockfish in the northern and 
southern regions of Puget Sound as a result of physical and 
reproductive isolation. In addition, the petition cited information on 
genetic population subdivision for some species. The petitioner also 
noted life-history differences between some rockfish populations and 
pointed out discrete spawning areas for some species in Puget Sound. 
The petitioner used similar criteria to support individual population 
structures for Pacific herring in Puget Sound. The petitioner stated 
that differences in spawning time, spawning areas, and growth rates 
indicate that 18 herring population groups exist in Puget Sound. The 
petition placed considerable weight on four populations reported as 
``depressed'' or at a critically low level of abundance (West, 1997; 
Bargmann, 1998). One of these populations is located in Cherry Point, 
one in Discovery Bay, one in Port Susan, and one in Port Orchard and 
Port Madison. The 14 remaining Puget Sound populations are classified 
as ``unknown,'' ``moderately healthy,'' or ``healthy'' (Bargmann, 
1998).

Copper Rockfish

    Copper rockfish are found from the Gulf of Alaska southward to 
central Baja California (Eschmeyer et al., 1983; Stein and Hassler, 
1989; Matthews, 1990a; Love, 1996) and are common in Puget Sound 
(Buckley and Hueckel, 1985; Quinnel and Schmitt, 1991). Adult copper 
rockfish are found in nearshore waters from the surface to 183 m deep 
(Eschmeyer et al., 1983; Stein and Hassler, 1989).
    Larval and small juvenile copper rockfish are pelagic for several 
months and are frequently found in surface waters and shallow habitats 
(Stein and Hassler, 1989; Love et al., 1991). They use bays as nursery 
areas (Stein and Hassler, 1989) and recruit to nearshore substrates in 
surface waters. Juveniles migrate from surface to benthic habitats 
(Matthews, 1990b). In the Georgia Basin, small young-of-the-year copper 
rockfish are associated with cobble substrate and rock piles. They are 
also found under pieces of bark or kelp fronds lying on the bottom 
(Patten, 1973; Love, 1996; Love et al., 1991). Benthic aquatic plants 
and crevices are also important habitats (Buckley, 1997).
    Adult copper rockfish are associated with sand/gravel bottoms and 
rocky areas in shallow water ( Eschmeyer et al., 1983; Haldorson and 
Richards, 1986; Stein and Hassler, 1989). They inhabit natural rocky 
reefs, artificial reefs, and rock piles that are closely associated 
with submerged vegetation (Matthews, 1990c). Once adults find a 
suitable reef, they have a strong tendency to remain there (Stein and 
Hassler, 1989; Matthews, 1990c; Love, 1996).
    In Puget Sound, copper rockfish males and females become sexually 
mature at 3 to 4 years of age (Stein and Hassler, 1989). They spawn 
once a year and, like all Sebastes species, are ovoviviparous, i.e., 
eggs are fertilized internally and develop within the mother and hatch 
there or immediately after they are released. Mating/fertilization 
typically occurs from March to May (DeLacy et al., 1964). Egg 
production ranges from 15,000 eggs in a 24-cm female to 640,000 in a 
47-cm female (DeLacy et al., 1964). Embryos are mature by April, and 
larvae are released from April to June (DeLacy et al., 1964; Matthews, 
1990b). Adults move inshore to release their young (Matthews, 1990a).
    Larvae are 5 to 6 mm at birth and remain pelagic until they are 40 
to 50 mm long (Stein and Hassler, 1989). Juvenile growth rates range 
from 0.15 to 0.20 mm/day (Love et al., 1991). Growth rates are highest 
during the summer coinciding with high feeding rates and

[[Page 17661]]

off-shore nutrient upwelling (Stein and Hassler, 1989). Copper rockfish 
live up to 55 years (Matthews, 1990b) and can grow to 57 cm (Eschmeyer 
et al., 1983; Stein and Hassler, 1989).

Quillback Rockfish

    Quillback rockfish are found from the northern Channel Islands in 
southern California (R. Lea, California Department of Fish and Game, 
pers. comm. cited in NMFS, 2001a), to the Gulf of Alaska (Miller and 
Lea, 1972). They are common in the Strait of Georgia, San Juan Islands, 
and Puget Sound (Clemons and Wilby, 1961; Hart, 1973; Matthews, 1990a; 
Love, 1996).
    Quillback rockfish are found in subtidal waters to depths of 275 m 
(Hart, 1973; Love, 1996), but typically inhabit depths from 41 m to 60 
m (Murie et al., 1993; Love, 1996). Larval and juvenile stages occupy 
mid-water habitats before they settle-usually in sandy/muddy habitats 
at moderate depths (Buckley, 1997). These juveniles (18-25 mm) 
gradually settle in shallow waters along the shores and are associated 
with submerged vegetation, bull kelp beds, natural rock configurations, 
and natural and artificial reefs (West et al., 1994). Young-of-the-year 
quillback rockfish are found on sandy bottoms associated with eelgrass 
and natural and artificial reefs (Matthews, 1990b).
    Adults are solitary reef-dwellers living near or on the bottom 
(Miller and Lea, 1972; Matthews, 1988; Rosenthal et al., 1988; Love, 
1996). They live among rocks, artificial and natural reefs, or on 
coarse sand or pebble substrates near reefs, particularly in areas with 
a high abundance of flat-bladed kelp (Love, 1996). Adult quillback 
rockfish have been known to return to their homesites after being 
displaced up to 6.4 km, indicating site fidelity (Patten, 1973).
    In Puget Sound, most female quillback rockfish become sexually 
mature at 4 to 5 years of age, although a few become sexually mature at 
two or three (Gowan, 1983). Mating takes place in March and the larvae 
are released in May (Matthews, 1990b). They spawn from April to July, 
though the peak spawning period is early in the season (Love, 1996; 
Matthews, 1988).
    Quillback rockfish can grow to 61 cm (Clemons and Wilby, 1961; 
Hart, 1973; Love, 1996) and can live to be more than 50 years old 
(Gowan, 1983; Love, 1996). Growth rates vary within the species' range; 
off southeastern Alaska a 12-year-old is approximately 31 cm in length 
whereas a 12-year-old would be 18 cm off the coast of California (Love, 
1996).

Brown Rockfish

    Brown rockfish range from central Baja California, to southeastern 
Alaska (Miller and Lea, 1972; Hart, 1973; Eschmeyer et al., 1983; Stein 
and Hassler, 1989; Matthews, 1990b; Love, 1996). Brown rockfish are 
common in shallow water (Matthews, 1990a; Matthews, 1990b) and are 
found from the surface to a depth of 128 m (Eschmeyer et al., 1983). 
However, they are most common in waters below a depth of 6 m and are 
widely distributed in shallow-water bays (Love, 1996). Brown rockfish 
use estuaries as nursery grounds (Stein and Hassler, 1989) and are 
common in Puget Sound (Hart, 1973).
    Brown rockfish settle when they are 18 to 25 mm in length-choosing 
shallow, vegetated habitats such as kelp beds or eelgrass (West et al., 
1994). Juveniles gradually move into deeper water as they mature (Love, 
1996). Brown rockfish are bottom dwellers-living on hard bottoms such 
as siltstone or sand (Lea, 1992). Adults aggregate near rocks, oil 
platforms, sewer pipes, and even old tires (Matthews, 1990b; Love, 
1996). They display strong reef fidelity on natural and artificial 
reefs in Puget Sound. They rarely move more than 3 kilometers 
(Matthews, 1990a) and they have a strong homing tendency (Love, 1996).
    In Puget Sound, male and female brown rockfish mature at 4 to 7 
years of age (Matthews, 1987). They mate in March and April (Stein and 
Hassler, 1989) and give birth in June (Hart, 1973). They spawn once per 
year (Stein and Hassler, 1989), unlike females off the California coast 
that spawn more often (Love, 1996). A 31-cm female brown rockfish 
produces approximately 52,000 young and a 48-cm female produces 
approximately 339,000 young (Hart, 1973).
    Brown rockfish are 5 to 6 mm in length at birth (Stein and Hassler, 
1989) and grow to a length of 55 cm (Hart, 1973; Love, 1996). Males and 
females grow at the same rate and mature at similar ages and lengths 
(Love, 1996).

Pacific Herring

    Pacific herring in the Eastern Pacific Ocean range from northern 
Baja California north to Cape Bathurst in the Beaufort Sea (Hart, 1973; 
Lassuy, 1989). They are also found in Arctic waters from Coronation 
Gulf, Canada, to the Chuckchi Sea and the Russian Arctic. In the 
Western Pacific they are found from Toyama Bay, Japan, west to Korea 
and the Yellow Sea (Haegele and Schweigert, 1985; Wang, 1986).
    Pacific herring larvae drift in the ocean currents after hatching 
and are abundant in shallow nearshore waters (Eldridge and Kaill, 1973; 
Suer, 1987). Juveniles usually stay in nearshore shallow-water areas 
until fall. After their first summer, they disperse to deeper offshore 
waters or reside year-round in some estuaries (Wang, 1986). For 
instance, some populations of Puget Sound Pacific herring spend their 
entire lives in Puget Sound while other populations summer in the 
coastal areas of Washington and southern British Columbia (Trumble, 
1983). Adult Pacific herring school at depths between 100 and 150 m 
(Eldridge and Kaill, 1973; Suer, 1987) and move toward the surface to 
feed at dawn and dusk. They exhibit inshore-offshore movements 
associated with spawning and feeding (Morrow, 1980).
    Adults move inshore during winter and early spring and reside in 
holding areas before moving to adjacent spawning grounds (Emmett et 
al., 1991). Spawning grounds are typically in sheltered inlets, sounds, 
bays, and estuaries (Haegele and Schweigert, 1985). In the state of 
Washington there are 19 well-defined spawning locations; 18 in Puget 
Sound and one on the coast (Bargman, 1998; Lemberg et al., 1997). The 
spawning locations and timing are very consistent and predictable from 
year to year (Hay and Outram, 1981; O'Toole et al., 2000).
    Herring spawning time varies with latitude. In the south, spawning 
begins in November; farther north it begins in August (Lassuy 1989; 
Emmett et al., 1991). Spawning peaks in February and March in Puget 
Sound (Trumble, 1983); however, the Cherry Point population spawns from 
early April to early June, with peak spawning in May (O'Toole et al., 
2000). Pacific herring usually spawn at night in shallow subtidal zones 
(Emmett et al., 1991; Bargman, 1998). In Puget Sound, a significant 
amount of spawning takes place during the day (Washington Department of 
Fish and Wildlife (WDFW), 2000). They deposit their eggs over 
vegetation or other substrates in intertidal and subtidal areas-where 
they adhere. Normally, this takes place at depths no greater than 2 m 
below low tide (Emmett et al., 1991).
    Pacific herring fecundity increases with the size of the female. A 
19-cm female produces 19,000 eggs annually and a 22-cm female produces 
29,500 (Hart, 1973). In general, there appears to be a decline in 
fecundity for a given length when moving from south (Puget Sound) to 
north (Prince William Sound) and northwest (Peter the Great Bay) 
(Garrison and Miller, 1982).
    Pacific herring larvae range from 5 to 26 mm in length (Emmett et 
al., 1991). It takes 2 to 3 months for the larvae to

[[Page 17662]]

metamorphose into 35 to 150 mm juveniles-depending upon the region 
(Emmett et al., 1991). Herring juveniles gather in large schools and 
remain primarily in inshore waters during their first summer. After the 
first summer they may move offshore until maturation (Stocker and 
Kronlund, 1985) or remain inshore until their first spawning event 
(Hay, 1985). Age at first maturity is generally 2 to 5 years (Hay, 
1985) and lengths range from 13 to 26 cm (Garrison and Miller, 1982; 
Emmett et al., 1991). In Puget Sound, Pacific herring may reach sexual 
maturity at age 2 and lengths of 14 to 16 cm (Katz, 1942). Populations 
in the Strait of Georgia reach sexual maturity at age 4 (Trumble, 
1979).

Consideration as a ``Species'' Under the ESA

    To qualify for listing as a threatened or endangered species, the 
petitioned populations of Puget Sound, copper rockfish, quillback 
rockfish, brown rockfish, and Pacific herring must be considered 
``species'' under the ESA. Section 3(15) of the ESA defines a 
``species'' to include any ``distinct population segment of any species 
of vertebrate which interbreeds when mature.'' On February 7, 1996, the 
USFWS and NMFS adopted a policy 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 ESA (51 FR 4722). The joint policy identifies two 
elements that must be considered when making DPS determinations: (1) 
The discreteness of the population segment in relation to the remainder 
of the species (or subspecies) to which it belongs; and (2) the 
significance of the population segment to the species or subspecies to 
which it belongs.
    Discreteness. According to the joint policy mentioned here, a 
population segment may be considered discrete if it satisfies either 
one of the following conditions: (1) It is markedly separated from 
other populations of the same taxon as a consequence of physical, 
physiological, ecological, or behavioral factors; or (2) it is 
delimited by international governmental boundaries across which there 
is a significant difference in exploitation control, habitat 
management, or conservation status.
    Significance. The joint policy states that the following are some 
of the considerations that may be used when determining the 
significance of a population segment to the taxon to which it belongs: 
Persistence of the discrete population in an unusual or unique 
ecological setting for the taxon; evidence that the loss of the 
discrete population segment would cause a significant gap in the 
taxon's range; 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 
has marked genetic differences from other populations of the species.
    This status review applies the DPS criteria to marine fish species 
over a broad area of the North Pacific Ocean and, as noted previously, 
NMFS' assessment includes populations from a larger range (i.e., U.S. 
West Coast, British Columbia and southeast Alaska) than the populations 
petitioned. NMFS considered several kinds of information in the attempt 
to delineate DPSs of copper rockfish, quillback rockfish, brown 
rockfish, and Pacific herring. The first kind of information centered 
on habitat characteristics that might indicate a population segment 
occupies an unusual or unique ecological setting for the species as a 
whole. The second kind of information dealt with geographical 
variability in phenotypic and life-history traits that might reflect 
local adaptation. Such traits may have an underlying genetic basis, but 
are often strongly influenced by local environmental factors. The third 
kind of information consisted of mark-recapture studies, which give 
insight into individuals' physical movement patterns. The fourth kind 
of information consisted of traits that are inherited in a predictable 
way and remain unchanged throughout the life of an individual. 
Differences among populations in the frequencies of these genetically 
determined traits may reflect the degree to which the populations are 
isolated from one another. Based on the DPS criteria described above, 
and after assessing the best available scientific and commercial 
information, NMFS has identified DPSs for each petitioned species. 
These DPSs and the information used to characterize them are discussed 
below.

General Life History Traits of Rockfish

    Copper, quillback, and brown rockfish have a common genetic 
lineage, the Pteropodussubgenus within the genus Sebastes(Seeb, 1986; 
Taylor, 1998; Rocha-Olivares et al., 1999). They are all sedentary, 
non-schooling fish. The Pteropodus rockfish are the shallowest-dwelling 
group and are most likely to release larvae that are subject to local 
retention mechanisms such as currents and eddies. The females can 
regulate where and when they release larvae, typically after the spring 
upwelling season. At birth, larvae are capable of swimming and buoyancy 
control. They are larger and more developed than other Sebastes larvae 
(G. Moser, NMFS, pers. comm., cited in NMFS, 2001a), and move to adult 
habitats at a smaller size (Anderson, 1983; Carr, 1991). These factors 
alter the period of passive dispersal and shorten the overall 
planktonic dispersal phase which, in turn, increases larval retention.
    The rockfish mating process is a possible mechanism for 
reproductive isolation as it involves an elaborate behavioral ritual of 
assortative (non-random) mating (Shinomiya and Ezaki, 1991). Thus, if 
larvae successfully disperse and recruit to a distant population, 
localized behavior can prevent successful mating. Analyses of 
microsatellite nuclear DNA clearly show populations living in the same 
location assortatively mating despite sharing many other common genetic 
traits (Narum, 2000). In addition, seasonal reproduction timing may 
isolate adults from different basins even if they successfully disperse 
into an adjacent basin. If colonists from areas of the outer coast 
migrate to different portions of the Georgia Basin it is likely that 
their differences in color pattern, mating behavior, or reproduction 
timing would lead to reproductive isolation.
    The Pteropodus rockfishes have a strong homing tendency and reef 
fidelity. Also, on high-relief reefs in Puget Sound, they maintain 
small home ranges (within 30 m\2\) (Matthews 1990a). On low-relief 
reefs, they have considerably larger home ranges (400 to 1500 m\2\). 
They inhabit low-relief reefs during the summer-coinciding with peak 
algal cover and return to high-relief reefs for the winter (Matthews, 
1990a). All of these life history characteristics indicate that their 
dispersal is limited.

Copper Rockfish

    NMFS examined a number of studies to determine whether the 
petitioned Puget Sound populations are reproductively isolated enough 
to be distinct from coastal populations (or each other). NMFS assessed 
information showing statistically significant morphometric and meristic 
differences between Puget Sound copper rockfish and those from Monterey 
and Southern California (Chen, 1986). In contrast, there was not enough 
evidence to show that Puget Sound populations were isolated from other 
populations in the Georgia Basin or on the outer coast.
    NMFS also analyzed the considerable genetic evidence to further 
evaluate population discreteness. For instance, Seeb (1998) examined 
allozyme patterns

[[Page 17663]]

and microsatellite DNA differences in Puget Sound copper rockfish and 
those from the coastal waters of Southern California to Alaska. The 
results showed a significant, genetically based population structure 
over the entire sample range and demonstrated a marked degree of 
genetic divergence between populations in Puget Sound ``proper'' and 
Northern Puget Sound. Puget Sound proper is the body of water east of 
Deception Pass and to the south and east of Admiralty Head-encompassing 
Southern Puget Sound, Whidbey Basin, Hood Canal, and the Main Basin.
    Another study (P. Wimberger, University of Puget Sound (UPS), pers. 
comm. cited in NMFS, 2001a) examined genetic variations in seven 
populations of copper rockfish from Southern California to British 
Columbia (with particular attention given to the populations in Puget 
Sound and the greater Georgia Basin). The study indicates that Puget 
Sound populations show significant genetic divergence from populations 
outside of the Sound. In fact, all populations sampled were genetically 
different from the two oceanic populations with the exceptions of 
samples from the San Juan Islands and northern Vancouver Island. The 
San Juan Island population appears equally differentiated from 
populations from the Canadian Gulf Islands in the Strait of Georgia, 
northern Vancouver Island, and Puget Sound proper. A more recent study 
examined the population structure in copper rockfish along the outer 
coast and within the Puget Sound (unpublished manuscript, R. Vetter, 
NMFS, pers. comm. cited in NMFS, 2001a). It shows that Puget Sound 
populations have a much greater genetic distance from the nearest 
population outside the Sound than geographic distance alone would 
indicate. The results also show Puget Sound proper populations to be 
genetically distinct from populations in the San Juan Islands and the 
rest of the Georgia Basin.
    NMFS also analyzed habitat characteristics for copper rockfish to 
determine if Puget Sound copper rockfish occupied a unique setting 
within the biological species as a whole. Puget Sound and the greater 
Georgia Basin are of recent post-glacial origin. The geological history 
and present day physical characteristics may affect rockfish 
colonization and movement. NMFS found that the long and sinuous water 
bodies, shallow sills, and estuarine current patterns that characterize 
the Puget Sound may limit larval movements into and out of different 
basins. For example, one study examined circulation patterns between 
North Puget Sound and South Puget Sound using drift cards (T. Klinger, 
University of Washington, pers. comm. cited in NMFS, 2001a). The study 
indicated that virtually nothing on the surface enters the main basin 
of Puget Sound from the San Juan Islands or Eastern Basin of the Strait 
of Juan de Fuca. However, general circulation studies identified some 
mixing of subsurface waters near the sills, so limited exchange is 
possible. Freshwater inputs differ among the regions of the Georgia 
Basin and between the Basin and the outer coast, suggesting that lower 
salinity could promote local adaptation and prevent foreign larvae from 
recruiting to those areas (NMFS, 2001a).
    In addition, the life history traits of copper rockfish, such as 
the fact that they are live-bearing, use internal fertilization, have 
short pelagic larval stages, exhibit adult-specific fidelity to certain 
habitat, and may be physically isolated due to current conditions in 
Puget Sound, are evidence of isolating mechanisms that are consistent 
with the genetic information.
    DPS Determination. NMFS concludes that the best available 
information indicates that copper rockfish populations are divided into 
a Puget Sound proper DPS, a Northern Puget Sound DPS, and a coastal 
DPS. The Puget Sound proper DPS encompasses the populations in the body 
of water east of Deception Pass and to the south and east of Admiralty 
Head-encompassing Southern Puget Sound, Whidbey Basin, Hood Canal, and 
the Main Basin. The Northern Puget Sound DPS comprises populations in 
the San Juan Islands, the Strait of Juan de Fuca, and the Canadian Gulf 
Islands. The provisional boundaries of this DPS extend to an uncertain 
degree further north into the rest of the Georgia Basin. The coastal 
DPS consists of populations from California to Alaska and has a 
provisional boundary at Cape Flattery with the Northern Puget Sound 
DPS.
    NMFS considered several DPS configurations for copper rockfish in 
the northeastern Pacific Ocean in attempting to identify ``discrete'' 
and ``significant'' segments of the biological species that 
incorporates Puget Sound populations. The considerable genetic evidence 
shows significant reproductive isolation between the Puget Sound proper 
DPS, the Northern Puget Sound DPS, and the coastal DPS. Rockfish life 
history traits and Puget Sound's unique habitat characteristics further 
support these DPS configurations. Although some genetic data suggest 
that multiple populations may exist within the Northern Puget Sound 
DPS, NMFS believes that there is not enough evidence to support 
geographically smaller DPSs.

Quillback Rockfish

    NMFS reviewed a number of genetic studies to determine whether the 
Puget Sound populations are reproductively isolated from the coastal 
populations (or each other). One study examined specimens from 
California, Washington, and Alaska, including five locations within the 
Georgia Basin (Seeb, 1998). Allele frequencies were remarkably 
different between Puget Sound proper and even the closest location (San 
Juan Islands). Another study compared two sites in the Puget Sound with 
populations in the San Juan Islands, WA, Sitka, AK, and Prince William 
Sound in Alaska (P. Wimberger, UPS, pers. comm. cited in NMFS, 2001a). 
The genetic differences increased with greater geographic distance. The 
genetic information also indicated that the San Juan Islands population 
was more similar to the Sitka population than the Puget Sound 
population. The study supported the conclusions of Seeb's (1998) 
genetic research.
    In addition to the genetic information, NMFS reviewed the habitat 
characteristics for quillback rockfish to determine if Puget Sound 
quillback rockfish occupied a unique setting within the biological 
species as a whole. The habitat characteristics contributing to copper 
rockfish reproductive isolation are also considered isolating 
mechanisms for quillback rockfish. And, as with copper rockfish, 
quillback rockfish life history traits are evidence of isolating 
mechanisms that are consistent with the genetic information.
    DPS Determination. NMFS concludes that the best available 
information indicates that quillback rockfish populations are divided 
into a Puget Sound proper DPS, a Northern Puget Sound DPS, and a 
coastal DPS. The Puget Sound proper DPS comprises populations east of 
Deception Pass and to the south and east of Admiralty Head. The 
Northern Puget Sound DPS consists of populations in the San Juan 
Islands, the Strait of Juan de Fuca, and the Canadian Gulf Islands. The 
provisional boundaries of this DPS extend to an uncertain degree 
further north into the rest of the Georgia Basin. The coastal DPS 
consists of populations from California to Alaska and has a provisional 
boundary at Cape Flattery with the Northern Puget Sound DPS.
    NMFS considered several DPS configurations for quillback rockfish 
in the northeastern Pacific Ocean in attempting to identify 
``discrete'' and

[[Page 17664]]

``significant'' segments of the biological species that incorporates 
Puget Sound populations. The considerable genetic evidence shows 
significant reproductive isolation between the Puget Sound proper DPS, 
the Northern Puget Sound DPS, and the coastal DPS. Rockfish life 
history traits and the Puget Sound's unique habitat characteristics 
further support these DPS configurations. While there are presently 
very few data and many uncertainties regarding the exact northern 
boundary of the Northern Puget Sound DPS, NMFS believes that the best 
available information does not support grouping this DPS with a larger 
coastal DPS.

Brown Rockfish

    To determine whether the petitioned Puget Sound populations are 
distinct from other Georgia Basin or coastal populations, NMFS examined 
genetic studies to determine if they were reproductively isolated. As 
with copper rockfish, Seeb (1998) analyzed allozyme patterns and 
microsatellite DNA to compare two Puget Sound locations with California 
samples. The allozyme frequencies differ significantly between the 
Puget Sound population and the California population.
    Brown rockfish life histories and habits differ from those of 
quillback and copper rockfish; however, the habitat characteristics and 
key life history traits that contribute to their isolation are found 
among brown rockfish as well (i.e., they are live-bearing, use internal 
fertilization, and have short pelagic larval stages).
    In 1987, trawl surveys detected brown rockfish in Northern Puget 
Sound, but no brown rockfish were collected in subsequent surveys (W. 
Palsson, WDFW, pers. comm. cited in NMFS, 2001a). Video-Acoustic 
Technique (VAT) surveys did not detect brown rockfish in Northern Puget 
Sound in 1994 or 1995, but small numbers were detected in the Strait of 
Juan de Fuca in 1996 (Pacunski and Palsson, 1998). Brown rockfish are 
considerably rare or non-existent off the coasts of Washington and 
Oregon, however they are relatively common in California. This large 
disjunction indicates that the Puget Sound populations inhabit an 
ecologically unique habitat. In addition, current conditions in Puget 
Sound also provide a physical isolating mechanism that is consistent 
with the genetic information.
    DPS Determination. NMFS concludes that the best available 
information indicates that brown rockfish populations are divided into 
a Puget Sound proper DPS and a coastal DPS. The Puget Sound proper DPS 
comprises those populations in the the body of water east of Deception 
Pass and to the south and east of Admiralty Head. The coastal DPS 
encompasses populations from California to Alaska although the extent 
of the DPS is unknown.
    NMFS considered several DPS configurations for brown rockfish in 
the northeastern Pacific Ocean in attempting to identify a ``discrete'' 
and ``significant'' segment of the biological species that incorporates 
Puget Sound populations. The genetic evidence shows significant 
reproductive isolation between the Puget Sound proper DPS and the 
coastal DPS. Rockfish life history traits and the Puget Sound's unique 
habitat characteristics further support these DPS configurations. 
Unlike copper and quillback rockfish, brown rockfish do not appear to 
reside in Northern Puget Sound and the Strait of Georgia. Although 
brown rockfish are occasionally found in Washington coastal and inland 
waters outside of Puget Sound proper (i.e., east of Cape Flattery), 
information suggests that these individuals are vagrants from the Puget 
Sound proper DPS.

Pacific Herring

    As previously noted, the WDFW recognizes 18 spawning populations of 
Pacific herring in Puget Sound; these are based on spawn timing and 
location: (1) Squaxin Pass, (2) Quartermaster Harbor, (3) Port Orchard-
Port Madison, (4) South Hood Canal, (5) Quilcene Bay, (6) Port Gamble, 
(7) Kilisut Harbor, (8) Port Susan, (9) Holmes Harbor, (10) Skagit Bay, 
(11) Fidalgo Bay, (12) Samish Bay-Portage Bay, (13) Interior San Juan 
Islands, (14) Northwest San Juan Islands, (15) Semiahmoo Bay, (16) 
Cherry Point, (17) Discovery Bay, and (18) Dungeness Bay (Lemberg et 
al., 1997; O'Toole et al., 2000). Koenigs (2000) supplied updated 
information indicating that spawning Pacific herring were found in 
Wollochet Bay in 2000, suggesting a 19\th\ spawning population in Puget 
Sound. The Canada Department of Fisheries and Oceans (DFO) recognizes 
multiple spawning aggregates in the Strait of Georgia but manages them 
as one population.
    NMFS reviewed a number of genetic studies to determine whether the 
petitioned Puget Sound populations are distinct from each other (or 
from coastal and Northern Georgia Basin populations). Genetic studies 
indicate no significant differences in allele frequencies between 
samples from the Puget Sound and the Washington coast (Utter, 1972). 
Samples collected from Oregon to Kodiak Island, Alaska, did not suggest 
significant genetic differentiation among these populations either 
(Utter et al., 1974). However, studies did indicate reproductive 
isolation between the Asian-Bering Sea populations and the populations 
in the eastern North Pacific (Grant and Utter, 1984; Kobayashi, 1993; 
Seeb et al., 1999).
    NMFS analyzed tagging studies to determine the amount of spawning-
site fidelity within the populations. Although there were few available 
tagging data from fish spawning in Puget Sound, tagging data from 
British Columbia populations indicated various degrees of spawning-site 
fidelity among different spawning locations. However, the same studies 
also showed movement into other known spawning areas in the Georgia 
Basin. These results indicate that there is sufficient migration to 
support genetic homogeneity among the distinct spawning aggregates, 
indicating a larger genetic population structure than the petitioner 
suggested.
    Larval distribution studies in the Queen Charlotte Islands, North 
Coast of British Columbia, and Strait of Georgia management regions 
indicate that Pacific herring larvae mix extensively outside of natal 
spawning locations but tend to remain within the regional boundaries 
(Hay and McCarter, 1997). Extensive larval mixing within regions 
indicates that Pacific herring population structure is established at 
early life-history stages and is independent of the exact spawning 
location. The studies also substantiate the idea that natural barriers 
and current-induced gyres act as larval retention mechanisms in the 
Strait of Georgia, indicating that the Strait of Georgia population is 
largely reproductively isolated from the coastal populations. There 
were no studies of this type for the Puget Sound populations. However, 
the available evidence supports the hypothesis that there is enough 
intermingling between distinct spawning aggregates to define a 
population structure that is larger than Puget Sound.
    NMFS also looked at morphometric and meristic differences to 
further evaluate population discreteness. Several morphometric and 
meristic characters showed detectable differences between Strait of 
Georgia Pacific herring populations and those in northern British 
Columbia (Meng and Stocker, 1984). Southern Puget Sound populations had 
different average vertebral counts from those found in the Pacific 
herring population whose spawning aggregation was closer to the open 
ocean (Katz, 1942), and average vertebral counts from British Columbia 
populations were notably different from those exhibited by California 
(Thompson, 1917) and Alaska

[[Page 17665]]

populations (Rounsefell, 1929; Rounsefell, 1930). There was not enough 
morphometric or meristic information to support a Puget Sound DPS; 
however, the data do indicate that inshore populations are detectably 
different from coastal populations.
    NMFS analyzed other available information regarding the 
reproductive isolation of Puget Sound Pacific herring but found no 
evidence of discreteness to support a Puget Sound DPS. For example, 
though populations of Pacific herring sampled in Puget Sound and 
British Columbia showed significant differences in growth rate and 
length at various year classes (Trumbull, 1980; Gonyea and Trumble, 
1983; Ware, 1985; Schweigert, 1991; O'Toole, 2000), these differences 
may simply be because some of the resident herring grow more slowly 
than migratory herring due to poorer food production in the nearshore 
environment (Ware, 1985). Several studies indicated Pacific herring 
fecundity differences at given lengths over large geographic distances, 
but this is because fecundity at a particular length decreases with an 
increase in latitude and the concomitant decline in environmental 
temperature (Paulson and Smith, 1977; Hay, 1985; Lassuy, 1989). Pacific 
herring in the north ultimately grow much larger, live longer, and 
consequently produce more ova than Pacific herring in the south (Katz, 
1948). There was insufficent parasitological or age at maturity 
information to show whether the Puget Sound population is structured on 
a finer scale.
    NMFS also looked at Pacific herring habitat characteristics to 
determine if the populations in the Georgia Basin occupied a unique 
setting within the biological species as a whole. NMFS finds that the 
habitat characteristics contributing to rockfish isolation also isolate 
Pacific herring in the Georgia Basin.
    DPS Determination. NMFS concludes that the Pacific herring 
populations identified by the petitioner do not constitute a 
``species'' under the ESA, but are part of a larger Georgia Basin 
Pacific herring DPS that consists of inshore populations from Puget 
Sound and the Strait of Georgia. This DPS encompasses the 18 spawning 
populations in Puget Sound and the Strait of Georgia populations 
recognized by the WDFW and DFO.
    NMFS considered several DPS configurations for Pacific herring in 
the northeastern Pacific Ocean in attempting to identify ``discrete'' 
and ``significant'' segments of the biological species that 
incorporates Puget Sound populations. Evidence that NMFS looked at 
appeared contradictory, such as (1) observed rates of straying of adult 
and juvenile Pacific herring and the lack of consistent genetic 
differentiation among regional populations, and (2) the consistency of 
timing and specific spawning locations. However, this evidence is 
consistent with the metapopulation concept that has been used to 
describe stock structure of Atlantic herring (McQuinn, 1997). The 
metapopulation concept shows that distinct populations can exhibit 
these types of discreteness and mixing by explaining that larger 
populations are made up of smaller local breeding populations that 
interact genetically and ecologically (National Research Council, 
1995).

Status of Copper, Quillback, and Brown Rockfish and Pacific Herring 
DPSs

    In considering whether these DPSs should be listed as threatened or 
endangered under the ESA, NMFS evaluated both qualitative and 
quantitative information. The qualitative evaluations included recent, 
published assessments by a variety of sources, and the quantitative 
assessments were based on current and historical abundance information 
and time series data compiled principally by fisheries agencies in 
Washington and Canada. NMFS focused on information and risk assessments 
pertaining to those rockfish and herring DPSs containing the petitioned 
populations within Puget Sound, i.e., the coastal DPSs for rockfish 
were not evaluated as they were outside the scope of the petition.

General Risk Factors for Rockfish

    In general, recreational rockfish harvest rates showed a 
precipitous decline in Puget Sound proper from 1.01 fish/trip in 1977 
to approximately 0.50 fish/trip in 1994. After 1994, the catch rates 
dropped to between 0.27 and 0.30 fish/trip and remained there (W. 
Palsson, WDFW, pers. comm. cited in NMFS, 2001a). Catch rates after 
1994 may have become stable because the bag limit was reduced from five 
to three rockfish in Puget Sound proper. The percentage of brown 
rockfish in the catches declined through the 1980s and mid-1990s, but 
increased in the late 1990s. The recreational catch composition of 
copper and quillback rockfish was about the same from 1980 to 1989, 
however there was a noticeable decline of quillback rockfish in 1996. 
Declines in catch rates and relatively high densities of rockfish in 
unfished marine protected areas indicate that harvesting has affected 
population size.
    The catch per trip of all rockfish species in Northern Puget Sound 
from 1980 to 1999 fluctuated between 0.6 and 1.2 with no apparent trend 
after a decline from higher levels (1.2 to 1.8) in the late 1970s. In 
1980, copper rockfish constituted 30 percent of the recreational catch 
of rockfish in this area. The composition of copper rockfish fluctuated 
from 32 to 65 percent between 1984 and 1999. Copper rockfish remain 
common in Northern Puget Sound, making up 30 to 60 percent of the 
recreational catch, although fishery data indicate that they have 
declined. From 1980 to 1999, quillback rockfish constituted 20 to 40 
percent of the recreational catch of rockfish in this area, and the 
trend has decreased over time. In 1994, the bag limit was reduced from 
10 to five rockfish in Northern Puget Sound to reduce fishing 
mortality.
    Richards and Cass (1987) reported decreases in the rockfish 
population in the Strait of Georgia, with overharvest cited as the 
major factor. Subsequently, the catch per effort of the copper and 
quillback rockfish complex has declined moderately in the Queen 
Charlotte Strait, Campbell River area, and Gulf Islands.
    Nearshore nursery habitat degradation and shoreline modification 
may decrease juvenile rockfish survival. Early life stages usually 
settle into intertidal/subtidal habitats, commonly associated with 
eelgrass and kelp beds, and these habitats have declined in both extent 
and quality in the Puget Sound (West, 1997). Studies indicate that 
rockfish are not major components of pinniped diets (Everitt et al., 
1981) but are an important prey item for the Oregon Coastal common 
murre (Uria aalge) (Wiens and Scott, 1975). However, according to 
Mahaffy et al. (1994), the populations of common murre in the Georgia 
Basin are quite small. Similarly, it is unclear how changes in the 
abundance of other fish species may affect rockfish populations in 
Puget Sound.
    Heavy metals, pesticides, and other contaminants in the 
concentrations occurring in Puget Sound may be toxic to rockfish. 
Studies confirm that rockfish accumulate certain chemicals in urban 
areas of the Georgia Basin (Malins et al., 1982; West et al., 1998; 
Puget Sound Water Quality Action Team, 2000; G. Ylitalo, NMFS, and J. 
West, WDFW, unpublished data). It has not yet been established what 
levels of contaminants are likely to affect rockfish health. Research 
investigating the effects of contaminants on other species in Puget 
Sound show sublethal effects that include biochemical alterations and 
effects on growth, reproductive function, larval growth

[[Page 17666]]

and survival, embryonic malformation, and disease resistance (Meador, 
2000; Beckvar et al., 1996). However, the effects of contaminants on 
rockfish are unclear.

Puget Sound Proper Copper Rockfish DPS

    Population assessments for copper rockfish based on VAT surveys 
estimated that there were approximately 450,000 copper rockfish in 
Puget Sound proper (average) between 1993 and 1996 (Pacunski and 
Palsson, 1998). Palsson (WDFW, pers. comm., cited in NMFS, 2001a) 
provided information indicating that copper rockfish are dispersed 
throughout Puget Sound; however, he noted that there were a number of 
cases where VAT surveys did not detect the species in areas containing 
suitable habitat. Self-Contained Underwater Breathing Apparatus (SCUBA) 
surveys conducted in the Main Basin of Puget Sound in 1987 and 1988 
showed an average of 42 copper rockfish per 270 m\2\ transect 
(Matthews, 1990). Surveys conducted between 1995 and 1997 showed 
approximately six copper rockfish per 270 m\2\ transect in similar 
transects (W. Palsson, WDFW, pers. comm. cited in 2001a).
    Bottom trawl surveys were conducted annually in the Main Basin of 
Puget Sound between 1987 and 1995 (W. Palsson, WDFW, pers. comm. cited 
in NMFS, 2001a). Copper rockfish abundance was estimated at 183,000 in 
1987 and rose to 1,010,000 in 1989. Abundance since 1989 declined to 
35,000 in 1995. Changes in survey methodology and seasonality may have 
contributed to some of these apparent changes in abundance.
    Copper rockfish egg production was estimated from 1975 to 1999 
using data from recreational catch surveys. Relative egg production 
peaked in 1977 and declined rapidly through the 1980s (W. Palsson, 
WDFW, pers. comm. cited in NMFS, 2001a). During the 1990s, egg 
production was somewhat constant ranging from 10.5 to 28.7 percent of 
peak production in South Puget Sound. The decrease in egg production 
coincides with the considerable decline in copper rockfish abundance.
    As noted previously, NMFS has found that this DPS consists of 
populations in waters east of Deception Pass and to the south and east 
of Admiralty Head. Although populations of this species have declined 
over the last four decades with over-harvesting a likely major factor, 
the populations have appeared stable over the last 5 years. Further, 
the reductions in the recreational fishery bag limit and voluntary 
establishment of some no-take marine reserves have reduced current 
levels of fishing mortality. In addition, the lower population numbers 
in this DPS compared to the larger numbers in northern Puget Sound are 
roughly in proportion to the greater amounts of kelp and high relief 
habitat in Northern Puget Sound. Therefore, NMFS concludes that the 
Puget Sound proper copper rockfish DPS is not presently in danger of 
extinction nor is it likely to become so in the foreseeable future.

Northern Puget Sound Copper Rockfish DPS

    As discussed previously, Pacunski and Palsson (1998) reported on 
VAT surveys conducted in Puget Sound. In 1994, the populations of 
copper rockfish in the San Juan Islands and Strait of Juan de Fuca were 
estimated at approximately 2,000,000 and 530,000 fish, respectively. 
Surveys in 1996 yielded no significant difference from the 1994 
estimates.
    In addition, the WDFW conducted trawl surveys annually in North 
Puget Sound between 1987 and 1995 to determine population trends 
(Palsson pers. comm. cited in NMFS, 2001a). Copper rockfish abundance 
was estimated at 72,000 in 1987 and decreased to 17,000 in 1995. Length 
frequency data from the recreational fishery catch show a decline in 
the average length because there was a reduction in the number of fish 
greater than 45 cm; however most of the decline occurred before 1985. 
Copper rockfish egg production from 1975 to 1999 was similar to egg 
production in Puget Sound proper (Palsson pers. comm. cited in NMFS, 
2001a).
    As noted previously, NMFS has found that this DPS comprises 
populations in the San Juan Islands, the Strait of Juan de Fuca, and 
the Canadian Gulf Islands with a provisional boundary extending to an 
uncertain degree further north into the rest of the Georgia Basin. It 
is apparent that copper rockfish persist throughout the range of this 
DPS and that their abundance in Northern Puget Sound is substantial 
(two million in the VAT survey). The populations in this DPS do not 
exhibit dramatic downtrends in most of the indicators for this area, 
but there are not enough data to quantitatively assess and project the 
trends in the population. Further, the reductions in the recreational 
fishery bag limit and voluntary establishment of some no-take marine 
reserves have reduced current levels of fishing mortality. Therefore, 
NMFS concludes that the Northern Puget Sound copper rockfish DPS is not 
presently in danger of extinction nor is it likely to become so in the 
foreseeable future.

Puget Sound Proper Quillback Rockfish DPS

    VAT survey assessments between 1993 and 1996 showed approximately 
300,000 quillback rockfish in Puget Sound proper (Pacunski and Palsson, 
1998). Palsson (WDFW, pers. comm. cited in NMFS, 2001a) provided 
information indicating that quillback rockfish are dispersed throughout 
Puget Sound; however, he noted that there were a number of cases where 
VAT surveys did not detect the species in areas containing suitable 
habitat.
    SCUBA surveys conducted between 1987 and 1997 in the Main Basin of 
Puget Sound have shown a substantial decline in the densities of 
quillback rockfish. Densities in 1987 and 1988 showed an average of 181 
quillback rockfish per 270 m2 transect (Matthews, 1990). Surveys 
conducted between 1995 and 1997 showed approximately 28 quillback 
rockfish per 270m2 transect. However, the trawl surveys conducted 
annually in the Main Basin of Puget Sound between 1987 and 1995 depict 
a more stable trend in the estimated abundance. These surveys yield 
estimated abundances of quillback rockfish in 1987 and 1989 of 
1,153,000 and 1,055,000, respectively. In 1991, this value declined to 
668,000 and gradually increased to 766,000 in 1995 (W. Palsson, WDFW, 
pers. comm. cited in NMFS, 2001a).
    As noted previously, NMFS has found that this DPS consists of 
populations in waters east of Deception Pass and to the south and east 
of Admiralty Head. Although 1997 SCUBA surveys show that quillback 
rockfish are at 15 percent of their 1987-1988 population level, the VAT 
and trawl surveys depict a more stable population over the last 5 
years. In addition, the reductions in the recreational fishery bag 
limit and voluntary establishment of some no-take marine reserves have 
reduced current levels of fishing mortality. Moreover, the lower 
population numbers in this DPS compared to the larger numbers in 
northern Puget Sound are roughly in proportion to the greater amounts 
of kelp and high relief habitat in Northern Puget Sound. Therefore, 
NMFS concludes that the Puget Sound proper quillback rockfish DPS is 
not presently in danger of extinction nor is it likely to become so in 
the foreseeable future.

Northern Puget Sound Quillback Rockfish DPS

    The WDFW conducted trawl surveys annually in Northern Puget Sound 
(San Juan Islands and the Strait of Juan de Fuca) between 1987 and 1995 
to determine population trends (Palsson,

[[Page 17667]]

pers. comm. cited in NMFS, 2001a). Estimated quillback rockfish 
abundance from these surveys was 30,000 in 1987 and fluctuated from 
363,000 in 1989 to 123,000 in 1991. In 1995, the species' abundance was 
estimated at 42,000 fish. However, VAT surveys conducted in Puget Sound 
between 1993 and 1996 give a different indication about the relative 
abundance of quillback rockfish in Northern Puget Sound (Pacunski and 
Palsson, 1998). In 1994, the population of quillback rockfish was 
estimated at approximately 1,000,000 fish, while 1996 surveys yielded 
estimates closer to 141,000 fish.
    As noted previously, NMFS could not identify a definitive northern 
boundary for this DPS, but believes that it extends to an uncertain 
degree north into the Georgia Basin. There are not enough data to 
quantitatively assess the extinction risk of the Northern Puget Sound 
quillback rockfish DPS. However, it is apparent that the species 
persists throughout the range of this DPS and its abundance in Northern 
Puget Sound is substantial (i.e., estimated at one million fish in the 
VAT survey). The populations in this DPS lack a dramatic downtrend in 
most of the indicators for this area. Further, the reductions in the 
recreational fishery bag limit and voluntary establishment of some no-
take marine reserves have reduced current levels of fishing mortality. 
Therefore, NMFS concludes that the Northern Puget Sound quillback 
rockfish DPS is not presently in danger of extinction nor is it likely 
to become so in the foreseeable future.

Puget Sound Proper Brown Rockfish DPS

    VAT survey assessments between 1993 and 1996 estimated 
approximately 98,000 brown rockfish in Puget Sound proper (Pacunski and 
Palsson, 1998). The SCUBA surveys conducted between 1987 and 1997 in 
the Main Basin of Puget Sound show a steady increase in brown rockfish 
densities. In 1987, densities were 2.5 fish per 270 m\2\ transect, 
whereas in 1997 there were more than 18 fish per transect.
    The trawl surveys conducted annually in the Main Basin of Puget 
Sound between 1987 and 1995 (W. Palsson, WDFW, pers. comm. cited in 
2001a). The estimated abundance of brown rockfish in 1987 was 761,000. 
This value declined to 23,000 in 1991 and rose slightly to 30,000 in 
1995. Marine Recreational Fisheries Statistics Surveys show variable 
recreational catches ranging from 800 to 6,000 fish between 1996 and 
1999 in Puget Sound proper. The highest catch rates were in 1997 and 
1999.
    As noted previously, NMFS has found that this brown rockfish DPS 
consists of populations in waters east of Deception Pass and to the 
south and east of Admiralty Head. Available evidence indicates (1) an 
increased abundance of brown rockfish in central Puget Sound during the 
late 1990s, (2) a stable population size in the Main Basin of the Puget 
Sound during the 1990s, and (3) increased relative percent of brown 
rockfish in the recreational catch composition during the late 1990s. 
In addition, the reductions in the recreational fishery bag limit and 
voluntary establishment of some no-take marine reserves have reduced 
current levels of fishing mortality. Moreover, brown rockfish are 
habitat generalists, making them more adaptable to the types of 
intertidal and subtidal habitats and associated food organisms 
available in the range of the DPS. Therefore, NMFS concludes that the 
Puget Sound proper brown rockfish DPS is not presently in danger of 
extinction, nor is it likely to become so in the foreseeable future.

General Risk Factors for Pacific Herring

    NMFS looked at a number of factors that are potential risks to 
Pacific herring populations in the Georgia Basin. While there are data 
on some risk factors, others are not well documented or only suspected 
to be factors for decline. Examples of the latter include habitat 
alterations in Puget Sound that reduced the amount of eelgrass (a 
probable preferred spawning habitat). Pacific herring are prey for many 
marine birds, but predator consumption estimates were not available. 
The chemical contaminants that potentially affect rockfish are also 
considered potential risks to Pacific herring. Many of these 
contaminants have known negative effects on aquatic organisms; however, 
their effects on the Pacific herring populations in Puget Sound are not 
known.
    Birds and other animals prey on Pacific herring eggs but it is 
difficult to estimate their effect on egg mortality (Palsson, 1984). 
West (1997) also suggested that the increased abundance of Pacific hake 
(Merluccius productus) in offshore waters may be adversely affecting 
the Pacific herring populations. In addition, changes in spiny dogfish 
(Squalus acanthias) abundance and the release of yearling hatchery 
chinook salmon (Oncorhynchus tshawytscha) could account for some of the 
increased non-fishing mortality. The declines in some of the Puget 
Sound populations coincide with the recent warm/dry conditions in the 
Pacific Northwest. Similar conditions occurred during the 1930s when 
Chapman et al. (1941) reported that the Discovery Bay and Cherry Point 
populations were at low levels.
    In contrast, NMFS was able to examine more quantitatively the 
possible effects of harvest and pinniped predation on Pacific herring 
in the Georgia Basin. For instance, harbor seal (Phoca vitulina) 
activity increased near schools of Pacific herring, consequently 
changing their schooling behavior (N. Lemberg, WDFW, pers. comm., cited 
in West, 1997). Harbor seals consumed an estimated 3,206 mt of Pacific 
herring in the Canadian portion of the Strait of Georgia during 1988, 
which represented 9.6 percent of the spawning biomass (Olesiuk et al., 
1990). Pacific herring constituted 32.4 percent of the area's harbor 
seal diet in 1988. NMFS (1997) estimated that harbor seals consumed 
4,859 mt of Pacific herring in Washington inland waters during 1993, 
which represented 34.9 percent of the estimated spawning biomass for 
that year. California sea lions (Zalophus californianus) consumed an 
estimated 830 mt of Puget Sound Pacific herring per year (on average) 
between 1986 and 1994 (NMFS 1997).

Georgia Basin Pacific Herring DPS

    The Pacific herring populations in Puget Sound reported by Bargmann 
(1998) as ``depressed'' or ``critical'' show a marked decline in 
biomass from 1973 to 1999. For instance, the Cherry Point population 
has historically been the largest Puget Sound population, estimated at 
14,998 tons in 1973. Spawn deposition surveys showed that the biomass 
decreased to 1,266 tons in 1999 (K. Stick, WDFW, pers. comm. cited in 
NMFS, 2001b). The Discovery Bay stock, the largest Strait of Juan de 
Fuca population, was believed to be one of the largest populations in 
Washington waters. This population fluctuated between 697 tons and 
3,220 tons from 1976 to 1993 (K. Stick, WDFW, pers. comm. cited in 
NMFS, 2001b). After 1993, the population dramatically declined to 199 
tons in 1997; however, the 1999 trawl surveys showed an increase in 
biomass to 307 tons (K. Stick, WDFW, pers. comm. cited in NMFS, 2001b). 
The Port Susan and Port Orchard/Port Madison populations also exhibited 
distinct downward trends. However, the 1999 surveys showed an increase 
in the Port Orchard/Port Madison estimates from 489 tons to 1,900 tons 
(K. Stick, WDFW, pers. comm. cited in NMFS, 2001b).
    Herring populations from other spawning sites within Puget Sound 
did not show the marked declines seen with

[[Page 17668]]

the four ``depressed'' or ``critical'' populations. Many of these 
populations appear stable and healthy. For instance, the Kilisut Harbor 
populations fluctuated from 279 tons in 1975 to 850 tons in 1999. The 
Quartermaster Harbor, Dungeness Bay, Skagit Bay, Fidalgo Bay, and 
Samish-Portage Bay populations experienced similar populations trends 
during that time period.
    Biomass in the Canadian portion of the Strait of Georgia, estimated 
from spawn deposition surveys, did not show the severe downward trends 
observed for some of the Puget Sound populations. The population was at 
relatively high levels in recent years, fluctuating between 67,031 
metric tons (mt) in 1990 to 83,450 mt in 1999 (Schweigert and Fort, 
1999).
    Recreational fishery landings in Puget Sound are insignificant, and 
commercial fishing for Pacific herring has not been allowed in 
Washington coastal waters west of the Strait of Juan de Fuca. In Puget 
Sound, the sac roe fishery closed in 1981, and was followed by a 
general purpose fishery closure in 1983. The spawn-on-kelp fishery 
began in 1990 and continued on a limited basis until 1996. A low level 
sport bait fishery continues, primarily in central and south Puget 
Sound. Commercial landings were historically modest and did not exceed 
1,000 tons until 1958 and then remained above 1,000 tons until 1983 (K. 
Stick, WDFW, pers. comm. cited in NMFS, 2001b). Since then, landings 
have ranged from 1,076 tons in 1990 to 361 tons in 1998, which is well 
below peak landings of 7,171 tons in 1975 (K. Stick, WDFW, pers. comm. 
cited in NMFS, 2001b). Native American tribes have conducted a 
significant Pacific herring fishery in the past, but these efforts were 
curtailed in 1996 due to concerns about the species' declining 
abundance.
    Bargmann (1998) reported that natural herring mortality rates 
increased significantly from 1976 to 1995. In addition, the number of 
age groups comprising the bulk of the populations decreased from five 
to two or three during this time period. While Pacific herring formerly 
lived to ages exceeding 10 years, fish older than 6 years are now rare 
(Bargmann, 1998). British Columbia populations did not exhibit a 
decrease in abundance of older fish comparable to the decrease in Puget 
Sound populations (Schweigert and Fort, 1999). However, weight at age 
has decreased in all major British Columbia populations since the mid- 
to late 1980s (Stocker and Kronlund, 1998), which is consistent with 
the decline observed for the Cherry Point population. Numbers of 3-
year-old fish in the Cherry Point population were approximated for the 
1971-1975 and 1996-1999 period. This study indicated a considerably 
higher recruitment of 3-year-old fish during 1971 to 1976 than in later 
years. Reduced recruitment of 3-year-old Pacific herring and increased 
non-fishery related losses of older fish appear to be the primary 
causes for declining biomass of the Cherry Point populations and, 
perhaps, other Puget Sound populations as well.
    As noted previously, NMFS has found that this Pacific herring DPS 
consists of populations from Puget Sound and the Strait of Georgia. 
Therefore, NMFS' risk assessment included more populations than those 
addressed in the petition. The British Columbia populations do not 
appear to be declining or at the low levels observed for some of the 
Puget Sound populations. Consequently, the population declines apparent 
in Puget Sound do not appear to be widespread throughout the range of 
the DPS. Moreover, because of the moderate to high productivity of 
Pacific herring populations and their tendency to stray among spawning 
sites, there are reasonable possibilities for reversing declines of 
depleted populations in specific spawning sites. Therefore, NMFS 
concludes that the Georgia Basin Pacific herring DPS is not presently 
in danger of extinction nor is it likely to become so in the 
foreseeable future.

Determination

    The ESA defines an endangered species as any species in danger of 
extinction throughout all or a significant portion of its range, and a 
threatened species as any species likely to become an endangered 
species within the foreseeable future throughout all or a significant 
portion of its range. 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, that 
are being made to protect such species.
    After reviewing the best available scientific and commercial 
information for these species, NMFS concludes that for the three 
rockfish species reviewed, petitioned populations comprise five DPSs 
under the ESA: (1) A Puget Sound proper copper rockfish DPS; (2) a 
Northern Puget Sound copper rockfish DPS; (3) a Puget Sound proper 
quillback rockfish DPS; (4) a Northern Puget Sound quillback rockfish 
DPS; and (5) a Puget Sound proper brown rockfish DPS. In addition, NMFS 
concludes that the petitioned populations of Pacific herring do not 
constitute a ``species'' under the ESA, but are part of a larger 
Georgia Basin Pacific herring DPS that consists of inshore populations 
from Puget Sound and the Strait of Georgia. After assessing the risk of 
extinction faced by each DPS, NMFS further determines that none of the 
rockfish or herring DPSs warrant listing as threatened or endangered at 
this time.

References

    A list of references is available upon request (See ADDRESSES).

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

    Dated: March 27, 2001.
William T. Hogarth,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 01-8049 Filed 4-2-01; 8:45 am]
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