[Federal Register Volume 67, Number 114 (Thursday, June 13, 2002)]
[Proposed Rules]
[Pages 40679-40680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-14959]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR. Parts 223, and 226

[Docket no. 020603139-2139-01 I.D. 052302A]


Listing Endangered and Threatened Species: Finding on Petition to 
Delist Coho Salmon in the Klamath River Basin; Reopening of Public 
Comment Period

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

ACTION: Notice of finding; re-opening of public comment period.

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SUMMARY: The National Marine Fisheries Service (NMFS) has received a 
petition to delist coho salmon (Oncorhynchus kisutch) in the Klamath 
River Basin (California and Oregon). Coho populations in the Klamath 
River Basin are part of the Southern Oregon/Northern California Coasts 
(SONCC) Evolutionarily Significant Unit (ESU), which is listed as a 
threatened species under the Endangered Species Act of 1973, as amended 
(ESA). The petition fails to present substantial scientific or 
commercial information to suggest that delisting may be warranted. On 
February 11, 2002, NMFS published a notice in the Federal Register on 
the findings on 6 delisting petitions and status reviews of 25 ESUs of 
Pacific salmon and steelhead, including the SONCC coho salmon ESU. 
Based on input received thus far, NMFS is reopening the comment period 
and seeking additional information on the status of the 25 ESUs under 
review.

DATES: Written comments on the previous February 11, 2002, findings on 
6 delisting petitions and on the status review updates for 25 ESUs of 
Pacific salmon and steelhead (67 FR 6215), must be received by August 
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 facsimile 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 notice, is 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 Endangered Species Act of 1973, as 
amended, 16 U.S.C. 1531 et seq. (ESA) requires that, to the maximum 
extent practicable, within 90 days after receiving a petition for 
delisting species, the Secretary make a finding whether the petition 
presents substantial scientific information indicating that the 
petitioned action may be warranted. The ESA implementing regulations 
for the National Marine Fisheries Service (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 (1) clearly indicates 
the recommended administrative measure and the species involved, (2) 
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, (3) provides 
information regarding the status of the species over all or a 
significant portion of its range, and (4) is accompanied by appropriate 
supporting documentation (50 CFR 424.14(b)(2)).
    Section 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 
that the interpretation of such data were in error.

Salmonid Evolutionarily Significant Units

    NMFS is responsible for determining whether a species, subspecies, 
or

[[Page 40680]]

distinct population segment (DPS) of Pacific salmon and steelhead 
(Oncorhychusspp.) is 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.

Petition Received

    On March 18, 2002, NMFS received a petition from the California 
State Grange (Grange petition) to delist coho salmon in Siskiyou 
County, California. These fish are part of a larger ESU of SONCC coho 
salmon. 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. NMFS has recently committed to update the 
status of 25 ESUs of Pacific salmon and steelhead, including the SONNC 
coho ESU (67 FR 6215 February 11, 2002).
    The Grange petition is a duplicate of a petition received by NMFS 
on September 19, 2001, from the Interactive Citizens United (ICU). NMFS 
rejected the ICU petition in a notice published in the Federal 
Registeron February 11, 2002 (67 FR 6215), finding that the petition 
failed to present substantial scientific or commercial information to 
suggest that delisting may be warranted.

Petition Finding

    The Grange petition seeks delisting of a portion of the threatened 
SONCC coho salmon ESU (i.e., fish in Siskiyou County), an action not 
enabled by the ESA. NMFS having determined that DPSs are represented by 
ESUs of Pacific salmon and steelhead, treats ESUs as 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 Act (50 CFR 424.02(k)). However, the ESA does not 
authorize the delisting of one subset or portion of a listed species/
subspecies/DPS (50 CFR 424.11(d)). The petition lacks a coherent 
narrative detailing the justification for the recommended measure. 
Additionally, it does not present substantial scientific or commercial 
information that the SONCC ESU is recovered, extinct, or that the data 
or the interpretation in the original listing determination were in 
error. Furthermore, the Grange 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 data provided in the petition are restricted to 
the Iron Gate Hatchery population, a population which is not part of 
the listed ESU (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 424.11(d) and 424.14(b)(2).

Re-opening of Comment Period

    Several comments and requests have been received to extend the 
comment period for the February 11, 2002, petition findings (67 FR 
6215) and the associated status review updates for 25 Pacific salmon 
and steelhead ESUs. The comment period closed on April 12, 2002. 
Accordingly, NMFS is re-opening the comment period for 60 days to allow 
adequate opportunity for public comment (see DATES and ADDRESSES). NMFS 
is seeking information, comments, and/or data concerning the petition 
findings or the status review updates. The following are the 25 ESUs 
for which NMFS is conducting status review updates: Ozette lake sockeye 
(O. nerka) ESU; Sacramento River winter-run, Snake River spring/summer, 
Snake River fall, Puget Sound, Upper Willamette River, Lower Columbia 
River, Upper Columbia River spring-run, Central Valley spring-run, and 
California Coastal chinook (O. tshawytscha) ESUs; Central California 
Coast, Southern Oregon/Northern California Coasts, Oregon Coast, and 
Lower Columbia/Southwest Washington coho ESUs; Hood Canal summer-run, 
and Columbia River chum (O. keta) ESUs; and South-Central California, 
Central California Coast, Upper Columbia River, Snake River Basin, 
Lower Columbia River, California Central Valley, Upper Willamette 
River, Middle Columbia River, and Northern California steelhead (O. 
mykiss) ESUs. NMFS is soliciting such pertinent information on 
naturally spawned and hatchery populations within these ESUs as data on 
population abundance, recruitment, productivity, escapement, and 
reproductive success (e.g. spawner-recruit or spawner-spawner 
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 such information for the period since the 
most recent status review for a given ESU (see 67 FR 6215, February 11, 
2002, for a summary, by ESU, of the last status review conducted and 
the most recent data used). 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. Comments submitted 
during the initial public comment period need not be re-submitted. NMFS 
will consider all information, comments, and recommendations received 
during the extended public comment period.

References

    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: June 7, 2002.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 02-14959 Filed 6-12-02; 8:45 am]
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