[Federal Register Volume 67, Number 28 (Monday, February 11, 2002)]
[Proposed Rules]
[Pages 6215-6220]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-3271]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 223, 224, and 226

[Docket No. 020205024-2024-01; I.D. 011502K]
RIN 0648-ZB13


Endangered and Threatened Species: Findings on Petitions to 
Delist Pacific Salmonid ESUs

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

ACTION: Notice of findings; request for information on reinitiation of 
status reviews.

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SUMMARY: The National Marine Fisheries Service (NMFS) has received six 
petitions to delist 15 Evolutionarily Significant Units (ESUs) of 
Pacific salmon and steelhead (Oncorhynchus spp.) in California, Oregon, 
Washington, and Idaho that are currently listed as threatened or 
endangered under the Endangered Species Act of 1973, as amended (ESA). 
One petition fails to present substantial scientific or commercial 
information to suggest that delisting may be warranted. The remaining 
petitions address ESUs with hatchery populations. In a recent U.S. 
District Court ruling, the Court found NMFS' prior treatment of 
hatchery fish in ESA listing determinations to be arbitrary and 
capricious. As such, NMFS finds that these petitions present 
substantial scientific and commercial information indicating that the 
petitioned actions may be warranted for 14 of the petitioned ESUs. 
Moreover, NMFS is reviewing the status of 10 additional ESUs currently 
listed as threatened or endangered, as well as updating the status of 
the ESA candidate Lower Columbia River/Southwestern Washington coho 
salmon ESU (O. kisutch). To ensure that these status reviews are 
complete, NMFS is soliciting information and data regarding the status 
of the 25 ESUs to be updated. These status updates will be completed 
after a revision of agency policy regarding the consideration of 
hatchery fish in ESA status reviews of Pacific salmonids. At such time 
that the status reviews are complete, NMFS will consider whether there 
is a need to re-evaluate critical habitat designations, protective 
regulations, or ongoing recovery planning efforts for these ESUs. In 
addition to the reinitiation of status reviews, NMFS will identify 
preliminary recovery planning targets to assist in regional, state, 
tribal and local recovery efforts.

DATES: Information and comments on the action must be received by April 
12, 2002

ADDRESSES: Information or comments on this action should be submitted 
to the Assistant Regional Administrator, Protected Resources Division, 
NMFS, 525 NE Oregon Street, Suite 500, Portland, OR, 97232-2737. 
Comments will not be accepted if submitted via e-mail or the internet. 
However, comments may be sent via fax to (503) 230-5435.

FOR FURTHER INFORMATION CONTACT: Garth Griffin, NMFS, Northwest Region, 
(503) 231-2005; Craig Wingert, NMFS, Southwest Region, (562) 980-4021; 
or Chris Mobley, NMFS, Office of Protected Resources, (301) 713-1401. 
Additional information, including the references used and the petitions 
addressed in this document, are available on the internet at 
www.nwr.noaa.gov.

SUPPLEMENTARY INFORMATION:

Background

Delisting Factors and Basis for Determination

    Section 4(b)(3)(A) of the ESA requires that, to the maximum extent 
practicable, within 90 days after receiving a petition for delisting, 
among other things, the Secretary of Commerce (Secretary) shall make a 
finding whether the petition presents substantial scientific 
information indicating that the petitioned action may be warranted. The 
ESA implementing regulations for NMFS define ``substantial 
information'' as the amount of information that would lead a reasonable 
person to believe that the measure proposed in the petition may be 
warranted (50 CFR 424.14(b)(1)). In evaluating a petitioned action, the 
Secretary must consider whether such a petition: clearly indicates the 
recommended administrative measure and the species involved; contains a 
detailed narrative justification for the recommended measure, 
describing past and present numbers and distribution of the species 
involved and any threats faced by the species; provides

[[Page 6216]]

information regarding the status of the species over all or a 
significant portion of its range; and is accompanied by appropriate 
supporting documentation (50 CFR 424.14(b)(2)).
    50 CFR 424.11(d) contains provisions concerning petitions from 
interested persons requesting the Secretary to delist or reclassify a 
species listed under the ESA. A species may be delisted for one or more 
of the following reasons: The species is extinct or has been extirpated 
from its previous range; the species has recovered and is no longer 
endangered or threatened; or investigations show that the best 
scientific or commercial data available when the species was listed, or 
the interpretation of such data, were in error.

Salmonid Evolutionarily Significant Units

    NMFS is responsible for determining whether species, subspecies, or 
distinct population segments (DPSs) of Pacific salmon and steelhead 
(Oncorhychus spp.) are threatened or endangered species under the ESA. 
NMFS has determined that DPSs are represented by ESUs of Pacific salmon 
and steelhead, and treats ESUs as a ``species'' under the ESA (56 FR 
58612, November 20, 1991). To date, NMFS has completed comprehensive 
coastwide status reviews of Pacific salmonids and identified 51 ESUs in 
California, Oregon, Washington, and Idaho. Five of these ESUs are 
currently listed under the ESA as endangered, and 21 ESUs are listed as 
threatened. In making these assessments, NMFS has focused on whether 
the native naturally spawned fish within an ESU are self-sustaining. 
NMFS then considers which hatchery populations are part of an ESU, and 
includes in the final listing only the ESU hatchery populations that 
are deemed essential for recovery. Typically, few or none of the 
hatchery populations within an ESU have been listed using this 
approach, which NMFS articulated in an interim artificial propagation 
policy published in the Federal Register on April 5, 1993 (58 FR 
17573). However, a recent Federal court decision requires that NMFS 
reassess this approach.
    In Alsea Valley Alliance v. Evans (99-6265-HO, D. OR, September 12, 
2001) (Alsea decision), the U.S. District Court in Eugene, Oregon, set 
aside NMFS' 1998 ESA listing of Oregon Coast coho salmon, and ruled 
that NMFS' treatment of hatchery populations within an ESU was 
arbitrary and capricious. Specifically, the Court found that NMFS' 1998 
listing of Oregon Coast coho made improper distinctions beyond the 
level of an ESU by excluding hatchery populations from listing 
protection even though they were determined to be part of the same ESU 
as the listed naturally spawned populations. While this ruling affected 
only one ESU, the interpretive issue raised by the ruling has the 
potential to affect nearly all of the agency's West Coast salmon and 
steelhead listing determinations made to date. On December 14, 2001, 
the U.S. Court of Appeals for the Ninth Circuit (01-36071) granted 
intervenors-appellants an emergency motion to stay the district court 
judgement in the Alsea decision. Accordingly, the Oregon Coast coho ESU 
remains listed as a threatened species pending final disposition of the 
appeal.

Petitions Received

    During September and October of 2001, NMFS received six delisting 
petitions. On September 19, 2001, NMFS received a petition from 
Interactive Citizens United (ICU petition) to delist coho salmon (O. 
kisutch) in Siskiyou County, CA. These fish are part of a larger ESU of 
Southern Oregon/Northern California Coast (SONCC) coho salmon. NMFS has 
also received several other petitions to delist 15 West Coast salmon 
and steelhead ESUs that include hatchery populations. On October 22, 
2001, NMFS received a petition from the Washington State Farm Bureau 
(WFB petition), on the behalf of a coalition of agricultural 
organizations in Washington State, to delist 12 Pacific salmon ESUs: 
the endangered Snake River sockeye (O. nerka) ESU; the threatened Puget 
Sound, Snake River spring/summer, Snake River fall, Lower Columbia 
River, and endangered Upper Columbia River spring-run chinook (O. 
tshawytscha) ESUs; the threatened Hood Canal summer-run and Columbia 
River chum (O. keta) ESUs; and, the threatened Lower Columbia River, 
Middle Columbia River, Snake River steelhead (O. mykiss) ESUs and the 
endangered Upper Columbia River. On October 17, 2001, NMFS received a 
petition on behalf of the Columbia-Snake River Irrigators' Association 
(CSRIA petition) to delist seven Pacific salmon ESUs: the endangered 
Snake River sockeye ESU; the threatened Snake River fall, Snake River 
spring/summer, and the endangered Upper Columbia River spring-run 
chinook ESUs; and, the threatened Middle Columbia River, Snake River 
steelhead ESUs; and, the endangered Upper Columbia River. Also on 
October 17, 2001, a petition on behalf of the Kitsap Alliance of 
Property Owners and the Skagit County Cattlemen's Association (KAPO 
petition) was received to delist the threatened Puget Sound chinook and 
Hood Canal summer-run chum ESUs. On October 23, 2001 a petition was 
received on behalf of seven anonymous petitioners (SONCC-7 petition) to 
delist the threatened SONCC coho ESU. Finally, on October 24, 2001, 
NMFS received a petition on behalf of the Greenberry Irrigation 
District (GID petition) to delist the threatened Upper Willamette River 
chinook and steelhead ESUs. Copies of all of these petitions are 
available from NMFS (see FOR FURTHER INFORMATION CONTACT).

Petition Findings and Re-initiation of Status Reviews

    The ICU petition seeks delisting of a portion (i.e., fish in 
Siskiyou County) of the threatened SONCC coho salmon ESU, an action not 
authorized by the ESA. NMFS has determined that DPSs are represented by 
ESUs of Pacific salmon and steelhead, and treats ESUs as a species 
under the ESA (56 FR 58612, November 20, 1991). The ESA authorizes the 
listing, delisting, or reclassification of a species, subspecies, or 
DPS, as defined under the ESA (50 CFR 424.02(k)). However, the ESA does 
not authorize the delisting of only a subset or portion of a listed 
species/subspecies/DPS (50 CFR 424.11(d)). The ICU petition does not 
provide status data for the listed ESU over all or a significant 
portion of its range, hence the data provided are not instructive in 
the context of the ESU's status as a whole. The petition lacks a 
coherent narrative detailing the justification for the recommended 
delisting. Furthermore, it does not present substantial scientific or 
commercial information that the SONCC ESU is recovered, extinct, or 
that the data or its interpretation in the original listing 
determination were in error. Additionally, the data provided are 
restricted to the Iron Gate Hatchery population, a population which was 
determined to be of uncertain relationship to the ESU in the original 
listing determination (62 FR 24588; May 6, 1997). Therefore, NMFS 
determines that the petition does not present substantial scientific or 
commercial information to indicate that the petitioned action may be 
warranted based on the criteria specified in 50 CFR 424.14(b)(2) and 50 
CFR 424.11(d).
    The WFB, CSRIA, KAPO, SONCC-7, and GID petitions address entire 
ESUs and, in a recent U.S. District Court ruling, the Court found NMFS 
prior treatment of hatchery fish in ESA listing determinations to be 
arbitrary and capricious. NMFS thereby concludes

[[Page 6217]]

that the petitions present substantial scientific and commercial 
information indicating that the petitioned action may be warranted for 
14 of the 15 petitioned ESUs (50 CFR 424.14(b)(2) and 50 CFR 
424.11(d)). However, NMFS finds that the WFB & CSRIA petitions do not 
present substantial scientific and commercial information to indicate 
that delisting of the Snake River sockeye ESU may be warranted (see 
discussion below).
    NMFS is undertaking status reviews for 14 of the 15 petitioned 
ESUs. Moreover, NMFS is also reviewing the status of 11 additional ESUs 
that currently are candidates or are listed as threatened or endangered 
species under the ESA. These coastwide status reviews will encompass 24 
of the 26 currently listed salmon and steelhead ESUs, as well as the 
candidate Lower Columbia River/Southwestern Washington coho ESU (see 
Description of ESUs to be Reviewed, below). NMFS will not revisit the 
status of the endangered Snake River sockeye ESU (identified in the WFB 
and CSRIA petitions), nor will it update the status of the endangered 
Southern California steelhead ESU. The captive hatchery population of 
Snake River sockeye was determined essential to the recovery of the 
ESU, and was included in the original listing determination (56 FR 
58619; November 20, 1991). Although the captive propagation program 
offers some protection against extinction of the ESU in the short term, 
the precarious status of Snake River sockeye (e.g. the annual number of 
returning naturally spawned adults since 1991 has ranged from 0 to 250 
fish) warrants maintaining the ESU as an endangered species. In the 
Southern California steelhead ESU there are no hatchery populations. 
Thus its original listing determination (62 FR 43937; August 18, 1997) 
is not affected by ESA interpretive issues stemming from the Alsea 
decision. Additionally, Southern California steelhead remain in danger 
of extinction throughout all or a significant portion of their range 
and will be maintained as an endangered species under the ESA.
    Concurrent with the coastwide status review updates, NMFS will 
review its policy regarding the consideration of hatchery-bred salmon 
in its ESA listing determinations and issue a new artificial 
propagation policy. This new policy (see New Artificial Propagation 
Policy, below) is scheduled to be completed by September 2002. 
Subsequent listing determinations will be made in accordance with the 
new artificial propagation policy, and any indicated changes in the 
ESA-listing statuses of the 25 ESUs will be completed as soon as 
possible following the publication of a new artificial propagation 
policy in September 2002. At that time NMFS will consider whether there 
is the need to reevaluate critical habitat designations, protective 
regulations, or ongoing recovery planning efforts for these ESUs. In 
conducting these status reviews, NMFS will utilize the best available 
scientific and commercial data. NMFS will also consider conservation 
efforts that provided substantial benefit to the protection and 
conservation of West Coast salmon and steelhead (see joint NMFS-U.S. 
Fish and Wildlife Service ``Draft Policy on Evaluating Conservation 
Efforts'' 65 FR 37102; June 13, 2000).

Description of ESUs to be Reviewed

    The following sections describe the specific ESUs to be updated. 
The year of the most recent status review and the latest data utilized 
are also provided for each ESU to indicate the data that would be most 
valuable to NMFS (e.g. information since the most recent status review) 
in conducting the status review updates.

West Coast Sockeye Salmon

Ozette Lake Sockeye Salmon ESU

    The Ozette Lake ESU of sockeye salmon was listed as a threatened 
species on March 25, 1999 (64 FR 14528). The ESU includes all naturally 
spawned populations of sockeye salmon in Ozette lake and streams 
flowing into Ozette lake, Washington. The status of the ESU was last 
reviewed in 1998 (NMFS 1998), utilizing available population data 
through 1998.

West Coast Chinook Salmon

Sacramento River Winter-run Chinook Salmon ESU

    The Sacramento River winter-run chinook ESU was listed as 
endangered on January 4, 1994 (59 FR 440). The ESU includes populations 
of winter-run chinook salmon in the Sacramento River and its 
tributaries in California. The status of the ESU was last reviewed in 
1994 (NMFS 1994) using available data through 1992.

Snake River Spring/Summer Chinook Salmon ESU

    The Snake River spring/summer ESU was listed as a threatened 
species on April 22, 1992 (57 FR 34639, but see correction in 57 FR 
23458, June 3, 1992). The ESU includes all naturally spawned 
populations of spring/summer-run chinook salmon in the mainstem Snake 
River and any of the Tucannon, Grande Ronde, Imnaha and Salmon River 
subbasins. The status of the ESU was last reviewed in 1998 (63 FR 1807; 
January 12, 1998) utilizing available data through 1997.

Snake River Fall Chinook Salmon ESU

    The Snake River fall chinook ESU was listed as a threatened species 
(57 FR 34639, April 22, 1992; but see correction in 57 FR 23458, June 
3, 1992), and the ESU includes all naturally spawned populations of 
fall-run chinook salmon in the mainstem Snake River and the Tucannon, 
Grande Ronde, Imnaha, Salmon, and Clearwater River subbasins. The 
status of the ESU was last reviewed in 1999 (NMFS 1999) utilizing 
available data through 1998.

Puget Sound Chinook Salmon ESU

    The Puget Sound chinook ESU was listed as a threatened species on 
March 24, 1999 (64 FR 14208). The ESU includes all naturally spawned 
populations of chinook salmon from rivers and streams flowing into 
Puget Sound, including the Straits of Juan De Fuca from the Elwha River 
eastward, and including rivers and streams flowing into the Hood Canal, 
South Sound, North Sound and the Strait of Georgia in Washington. 
Chinook salmon (and their progeny) from the following hatchery stocks 
are also part of the listed Puget Sound ESU: Kendall Creek (spring 
run); North Fork Stillaguamish River (summer run); White River (spring 
run); Dungeness River (spring run); and Elwha River (fall run). The 
status of the ESU was last reviewed in 1998 (NMFS 1998) utilizing 
available data through 1996.

Upper Willamette River Chinook Salmon ESU

    The Upper Willamette River chinook ESU was listed as a threatened 
species on March 24, 1999 (64 FR 14208). The ESU includes all naturally 
spawned populations of spring-run chinook in the Clackamas River, and 
in the Willamette River and its tributaries above Willamette Falls, 
Oregon. The status of the ESU was last reviewed in 1998 (NMFS 1998) 
utilizing available data through 1996.

Lower Columbia River Chinook Salmon ESU

    The Lower Columbia River ESU of chinook salmon was listed as 
threatened on March 24, 1999 (64 FR 14208). The ESU includes all 
naturally spawned populations of chinook salmon from the Columbia River 
and its tributaries from its mouth at the Pacific Ocean upstream to a 
transitional point between Washington and Oregon east of the Hood River 
and the White Salmon

[[Page 6218]]

River, and includes the Willamette River to Willamette Falls, OR, 
exclusive of spring-run chinook salmon in the Clackamas River. The 
status of the ESU was last reviewed in 1998 (NMFS 1998) utilizing 
available data through 1996.

Upper Columbia River Spring-run Chinook Salmon ESU

    The endangered Upper Columbia River spring-run chinook ESU was 
listed on March 24, 1999 (64 FR 14208). The ESU includes all naturally 
spawned populations of chinook salmon in all river reaches accessible 
to chinook salmon in the Columbia River and its tributaries upstream of 
the Rock Island Dam and downstream of Chief Joseph Dam in Washington, 
excluding the Okanogan River. Chinook salmon (and their progeny) from 
hatchery stocks in the Chiwawa River (spring run), Methow River (spring 
run), Twisp River (spring run), Chewuch River (spring run), White River 
(spring run), and Nason Creek are also part of the endangered Upper 
Columbia ESU. The status of the ESU was last reviewed in 1998 (NMFS 
1998) utilizing available data through 1996.

Central Valley Spring-run Chinook Salmon ESU

    The California Central Valley spring-run chinook ESU was listed as 
a threatened species on September 16, 1999 (64 FR 50394). The ESU 
includes all naturally spawned populations of spring-run chinook salmon 
in the Sacramento River and its tributaries in California. The status 
of the ESU was last reviewed in 1999 (NMFS 1999) utilizing available 
data through 1998.

California Coastal Chinook Salmon ESU

    The California Coastal chinook ESU was listed as threatened on 
September 16, 1999 (64 FR 50394). The ESU includes all naturally 
spawned populations of chinook salmon from California rivers and 
streams south of the Klamath River to the Russian River. The status of 
the ESU was last reviewed in 1999 (NMFS 1999) utilizing available data 
through 1998.

West Coast Coho Salmon

Central California Coast Coho Salmon ESU

    The Central California Coast ESU was listed as threatened on 
October 31, 1996 (64 FR 50394), and includes all naturally spawned 
populations of coho salmon from Punta Gorda in northern California, 
south to and including the San Lorenzo River in central California, as 
well as populations in tributaries to the San Francisco Bay excluding 
the Sacramento-San Joaquin River system. The status of the ESU was last 
reviewed in 1995 (NMFS 1995), utilizing available population data 
through 1992.

Southern Oregon/Northern California Coast Coho Salmon ESU

    The SONCC coho ESU was listed as a threatened species on May 6, 
1997 (62 FR 24588). This ESU includes all naturally spawned populations 
of coho salmon in coastal streams between Cape Blanco, Oregon, and 
Punta Gorda, California. The status of the ESU was last reviewed in 
1997 (NMFS 1997) utilizing available data through 1996.

Oregon Coast Coho Salmon ESU

    The Oregon Coast coho ESU was originally listed as a threatened 
species on August 10, 1998 (63 FR 42587), was delisted by court order 
on September 12, 2001, and on December 14, 2001 reinstated as a 
threatened species pending an appeal (see Background). The ESU includes 
all naturally spawned populations of coho salmon in Oregon coastal 
streams south of the Columbia River and north of Cape Blanco. The 
status of the ESU was last reviewed in 1997 (NMFS 1997), utilizing 
available data through 1996.

Lower Columbia/Southwest Washington Coho Salmon ESU

    On July 25, 1995, NMFS determined that listing was not warranted 
for this ESU (60 FR 38011). However, the ESU is designated as a 
candidate for listing due to concerns over specific risk factors. The 
ESU includes all naturally spawned populations of coho salmon from 
Columbia River tributaries below the Klickitat River on the Washington 
side and below the Deschutes River on the Oregon side (including the 
Willamette River as far upriver as Willamette Falls), as well as 
coastal drainages in southwest Washington between the Columbia River 
and Point Grenville. The status of the ESU was last reviewed in 1996 
(NMFS 1996), utilizing available data through 1995.

West Coast Chum Salmon

Hood Canal Summer-run Chum Salmon ESU

    The Hood Canal summer-run chum ESU was listed as a threatened 
species on March 25, 1999 (64 FR 14508). The ESU includes all naturally 
spawned populations of summer-run chum salmon in Hood Canal and its 
tributaries, as well as populations in rivers of the Olympic Peninsula 
between Hood Canal and Dungeness Bay, Washington. The status of the ESU 
was last reviewed in 1999 (NMFS 1999) utilizing available data through 
1997.

Columbia River Chum Salmon ESU

    The Columbia River chum ESU was listed as a threatened species on 
March 25, 1999 (64 FR 14508). The ESU includes all naturally spawned 
populations of chum salmon in the Columbia River and its tributaries in 
Washington and Oregon. The status of the ESU was last reviewed in 1999 
(NMFS 1999) utilizing available data through 1997.

West Coast Steelhead

South-Central California Coast Steelhead ESU

    The South-Central California steelhead ESU was listed as a 
threatened species on August 18, 1997 (62 FR 43937). The South-Central 
ESU includes all naturally spawned populations of steelhead (and their 
progeny) in streams from the Pajaro River (inclusive) to, but not 
including, the Santa Maria River in California. The status of the ESU 
was last reviewed in 1997 (NMFS 1997) utilizing available data through 
1996.

Central California Coast Steelhead ESU

    The Central California Coast ESU was listed as a threatened species 
on August 18, 1997 (62 FR 43937). The ESU includes all naturally 
spawned populations of steelhead (and their progeny) in California 
streams from the Russian River to Aptos Creek, as well as the drainages 
of San Francisco and San Pablo Bays eastward to the Napa River 
(inclusive), exclusive of the Sacramento-San Joaquin River Basin. The 
status of the ESU was last reviewed in 1997 (NMFS 1997) utilizing 
available data through 1996.

Upper Columbia River Steelhead ESU

    The Upper Columbia River ESU was listed as an endangered species on 
August 18, 1997 (62 FR 43937). The ESU is composed of all naturally 
spawned populations of steelhead (and their progeny) in Columbia River 
Basin streams upstream from the Yakima River, Washington, to the U.S.-
Canada international border. Steelhead from the Wells Hatchery stock 
are also included in this ESU and are listed as endangered. The status 
of the ESU was last reviewed in 1997 (NMFS 1997) utilizing available 
data through 1996.

Snake River Basin Steelhead ESU

    The Snake River Basin ESU was listed as a threatened species on 
August 18, 1997 (62 FR 43937). The ESU includes all naturally spawned 
populations (and their progeny) in streams in the Snake River Basin of 
southeast Washington, northeast Oregon, and Idaho. The status of the 
ESU was last reviewed in 1997

[[Page 6219]]

(NMFS 1997) utilizing available data through 1996.

Lower Columbia River Steelhead ESU

    The Lower Columbia River steelhead ESU was listed as a threatened 
species on August 18, 1997 (62 FR 43937). The Lower Columbia River ESU 
includes all naturally spawned steelhead (and their progeny) in streams 
and tributaries of the Columbia River between the Cowlitz and Wind 
Rivers (inclusive), Oregon. Excluded from this ESU are steelhead in the 
upper Willamette Basin above Willamette Falls and steelhead in the 
Little and Big White Salmon Rivers, Washington. The status of the ESU 
was last reviewed in 1997 (NMFS 1997) utilizing available data through 
1996.

California Central Valley Steelhead ESU

    The California Central Valley steelhead ESU was listed as a 
threatened species on March 19, 1998 (63 FR 13347). The ESU includes 
all naturally spawned populations of steelhead (and their progeny) in 
the Sacramento and San Joaquin Rivers and their tributaries, exclusive 
of San Francisco and San Pablo Bays and their tributaries. The status 
of the ESU was last reviewed in 1998 (NMFS 1998) utilizing available 
population data through 1996.

Upper Willamette River Steelhead ESU

    The Upper Willamette River ESU was listed as a threatened species 
on March 25, 1999 (64 FR 14517). The ESU includes all naturally spawned 
populations of winter-run steelhead in the Willamette River and its 
tributaries upstream of Willamette Falls, Oregon, to the Calapooia 
River (inclusive). The status of the ESU was last reviewed in 1999 
(NMFS 1999), utilizing available population data through 1997.

Middle Columbia River Steelhead ESU

    The Middle Columbia River ESU was listed as a threatened species on 
March 25, 1999 (64 FR 14517). The Middle Columbia River ESU comprises 
all naturally spawned populations of steelhead in Columbia River Basin 
streams above the Wind River, Washington, and the Hood River, Oregon 
(exclusive), upstream to and including the Yakima River in Washington. 
Steelhead from the Snake River are excluded from this ESU. The status 
of the ESU was last reviewed in 1999 (NMFS 1999), utilizing available 
population data through 1997.

Northern California Steelhead ESU

    Steelhead in the Northern California ESU were listed as a 
threatened species on June 7, 2000 (65 FR 36074). This ESU includes 
steelhead in California coastal river basins from Redwood Creek south 
to the Gualala River, inclusive. The status of the ESU was last 
reviewed in 2000 (NMFS 2000), utilizing available data through 1998.

New Artificial Propagation Policy

    In implementing its ``Interim Policy on Artificial Propagation of 
Pacific Salmon Under the Endangered Species Act'' (Interim Policy; 58 
FR 17573; April 5, 1993), NMFS emphasized naturally spawned and self-
sustaining populations in ESA listing determinations, and has included 
hatchery populations in the final listing only if they were determined 
to be similar to self-sustaining naturally spawned fish, and deemed 
essential for recovery (i.e. needed in artificial propagation programs 
intended to assist ESU recovery). In the Interim Policy, NMFS asserted 
that the listing of hatchery fish determined to be nonessential to 
recovery would not contribute to the ESA's goals of ensuring viable and 
naturally reproduced populations and conserving the ecosystems they 
inhabit. This approach, however, was called into question by the Alsea 
decision, in which the court ruled that NMFS could not determine that 
certain hatchery populations are part of an ESU, yet exclude them from 
protections under the ESA in the final listing determination.
    The Alsea decision gives NMFS the opportunity to reevaluate how 
hatchery populations are considered in ESA listing determinations. NMFS 
will prepare a new artificial propagation policy that will propose an 
alternative approach to dealing with these listing issues under the 
ESA. In support of the new policy, NMFS will also issue guidelines that 
address the extent to which hatchery populations can be used to 
accelerate recovery, and that detail long-term standards for hatchery 
operation which assure that artificial propagation of salmon stocks 
will not undermine recovery efforts. The new artificial propagation 
policy and supporting guidelines will consider comments received in 
response to NMFS' Interim Policy. Additionally, NMFS will work in 
coordination with the U.S. Fish and Wildlife Service in drafting the 
new policy and the supporting guidelines. In formulating the new policy 
and supporting guidelines NMFS will seek public input and include 
public hearings during a 60-day comment period following publication of 
the proposed rule and guidelines. NMFS intends to publish the final 
policy on artificial propagation in listing determinations by September 
2002.

Preliminary Recovery Planning Targets

    As part of the status review updates, NMFS recognizes that 
regional, state, tribal and local planning efforts are vital to the 
recovery of threatened and endangered Pacific salmon and steelhead 
ESUs. NMFS also recognizes that recovery goals can provide an important 
context and perspective for these ongoing recovery efforts. Thus, NMFS 
will provide preliminary estimates of recovery planning targets to help 
stimulate recovery efforts and to provide guidance while final recovery 
plans and recovery targets are being developed. It is NMFS' intent that 
these preliminary estimates be helpful and meaningful to stakeholders 
by helping them gauge the disparity between present ESU status and that 
needed to ensure a species' conservation and survival (ESA Sec. 4(f)). 
Although these preliminary estimates may utilize biological ``rules of 
thumb'' (e.g., the population abundance or productivity values 
maintained over a specified time-frame that are necessary for 
population viability in a given subbasin), NMFS regards them as policy 
goals rather than more formally adopted delisting goals. These 
preliminary estimates will be in place until they are refined with 
information from the Technical Recovery Teams (TRTs) established by 
NMFS. NMFS intends to provide preliminary targets for all listed 
salmonid ESUs by Spring 2002. Refined and more specific targets 
resulting from TRT and local recovery planning efforts could be 
available by early summer for ESUs in the Puget Sound, Upper Columbia, 
and Lower Columbia recovery areas.

Information Solicited

Biological Status of ESUs

    In the interim between publication of this document and the 
completion of the updated status reviews, NMFS seeks to compile the 
data and information necessary to expedite completion of the status 
review process once the new artificial propagation policy is finalized. 
To ensure that the status review updates are complete and are based on 
the best available and most recent scientific and commercial data, NMFS 
is soliciting information and comments (see DATES and ADDRESSES) 
concerning the 25 ESUs described earlier in the section entitled 
Description of ESUs to be Reviewed. NMFS is soliciting pertinent 
information on naturally spawned and hatchery populations within these 
ESUs, data on population abundance, recruitment, productivity, 
escapement, and reproductive success (e.g. spawner-recruit or spawner-
spawner

[[Page 6220]]

survivorship, smolt production estimates, fecundity, and ocean survival 
rates); historical and present data on hatchery fish releases, 
outmigration, survivorship, returns, straying rates, replacement rates, 
and reproductive success in the wild; data on age structure and 
migration patterns of juveniles and adults; meristic, morphometric, and 
genetic studies; and spatial or temporal trends in the quality and 
quantity of freshwater, estuarine, and marine habitats. NMFS is 
particularly interested in receiving such information for the period 
subsequent to the most recent status review for a given ESU (see 
Description of ESUs to be Reviewed). Status reviews for the majority of 
the 25 ESUs to be reviewed were conducted in 1997-2000. However, the 
status of Sacramento River winter-run chinook, and Central California 
coast coho were last assessed in 1994, and 1995, respectively.

Conservation Efforts to Protect West Coast Salmonids

    Section 4(b)(1)(A) of the ESA requires the Secretary to make 
listing determinations solely on the basis of the best scientific and 
commercial data available after conducting a review of the status of a 
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 led 
to the decline. NMFS then assesses conservation measures to determine 
whether they ameliorate a species extinction risk (50 CFR 424.11(f)). 
In judging the efficacy of conservation efforts, NMFS considers the 
following: The substantive, protective, and conservation elements of 
such efforts; the degree of certainty that such efforts will reliably 
be implemented (see draft policy, 65 FR 37102; June 13, 2000); the 
degree of certainty that such efforts will be effective in furthering 
the conservation of the species; and the presence of monitoring 
provisions to determine effectiveness of recovery efforts and that 
permit adaptive management. In some cases, conservation efforts may be 
relatively new or may not have had sufficient time to demonstrate their 
biological benefit. In such cases, provisions of adequate monitoring 
and funding for conservation efforts are essential to ensure that the 
intended conservation benefits are realized. NMFS also encourages all 
parties to submit information on ongoing efforts to protect and 
conserve West Coast salmonids, as well as information on recently 
implemented or planned activities (i.e., since the time of listing for 
a given ESU) and their likely impact on the ESUs to be reviewed.
    The complete citations for the references used in this document can 
be obtained by contacting NMFS or via the internet (see ADDRESSES and 
FOR FURTHER INFORMATION CONTACT).

    Authority: 16 U.S.C. 1531 et seq.

    Dated: February 6, 2002.
Rebecca Lent,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 02-3271 Filed 2-8-02; 8:45 am]
BILLING CODE 3510-22-S