[Federal Register Volume 67, Number 251 (Tuesday, December 31, 2002)]
[Proposed Rules]
[Pages 79898-79900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-32953]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 223 and 224

[Docket No. 021219319-2319-01; I.D. 121702B]


Endangered and Threatened Species: Status Review Updates for 
Snake River Sockeye Salmon and Southern California Steelhead; and 
Additional Information Request for Nine Evolutionarily Significant 
Units of West Coast Steelhead

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

ACTION: Notice of updated status reviews; request for information.

-----------------------------------------------------------------------

SUMMARY: The National Marine Fisheries Service (NMFS) is currently 
reviewing the status of 25 Evolutionarily Significant Units (ESUs) of 
salmon and steelhead (Oncorhynchus spp.) that are currently listed as 
threatened or endangered species under the Endangered Species Act (ESA) 
of 1973, as amended, or listed as a candidate species. NMFS is 
announcing that it will also be updating the status of two additional 
anadromous salmonid ESUs currently listed as endangered species: Snake 
River sockeye salmon (O. nerka) and Southern California steelhead (O. 
mykiss). NMFS is also announcing that its status review updates for all 
listed steelhead ESUs will also address resident rainbow trout (O. 
mykiss) populations associated with each ESU. To ensure that these 
status reviews are complete and based upon the best available 
scientific information, NMFS is soliciting information and data 
regarding the status of these ESUs, including information on resident 
rainbow trout populations associated with steelhead ESUs. These status 
review updates will be completed after a revision of NMFS' policy 
regarding the consideration of hatchery fish in ESA status reviews of 
Pacific salmonids. At such time that the status reviews are updated, 
NMFS will consider whether there is a need to reevaluate critical 
habitat designations, protective

[[Page 79899]]

regulations, or any ongoing recovery planning efforts for these ESUs.

DATES: Information and comments on this action must be received by 
February 14, 2003.

ADDRESSES: Information and comments on this action should be submitted 
to the Assistant Regional Administrator, Protected Resources Division, 
Southwest Region, NMFS, 501 West Ocean Blvd., Suite 4200, Long Beach, 
CA 90802-4213, or Assistant Regional Administrator, Protected Resources 
Division, Northwest Region, NMFS, 525 NE Oregon Street, Suite 500, 
Portland, OR 97232. Comments will not be accepted if submitted via e-
mail or the Internet. However, comments may be sent via fax to the 
Southwest Region (562-980-4021) or the Northwest Region (503-230-5435).

FOR FURTHER INFORMATION CONTACT: Craig Wingert, NMFS, Southwest Region 
(562) 980-4021, Scott Rumsey, NMFS, Northwest Region (503) 872-2791, or 
Barry Thom, NMFS, Office of Protected Resources (301) 713-1401.

SUPPLEMENTARY INFORMATION:

Background

    On February 11, 2002, NMFS announced it was undertaking updated 
status reviews for 25 Evolutionarily Significant Units (ESUs) of salmon 
and steelhead on the West coast (67 FR 6215). These updated status 
reviews are in progress and include 24 of 26 currently listed salmon 
and steelhead ESUs, as well as one candidate ESU (Lower Columbia River 
coho salmon). The status review updates for 14 of these ESUs were 
triggered by NMFS's acceptance of five de-listing petitions requesting 
that the ESUs should be de-listed on the basis of the September 2001 
U.S. District Court ruling in Alsea Valley Alliance v. Evans (Alsea 
decision). The Court held that NMFS made an improper distinction under 
the ESA by treating certain artificially propagated salmon populations 
included in a ``distinct population segment'' differently from natural 
populations in the same DPS in making its listing determinations. In 
the same Federal Register notice, NMFS also announced that it would not 
revisit the status of the endangered Snake River sockeye or the 
endangered Southern California steelhead ESUs because the listing 
determinations for these ESUs were unaffected by the ESA interpretative 
issues stemming from the Alsea decision.
    NMFS is planning to undertake updated status reviews for both of 
these ESUs. In the case of the Snake River sockeye, this is based on 
two considerations. First, the status of the ESU has not been updated 
since 1991 and since there is at least 10 years of new information 
available an update is warranted. Second, NMFS is developing a new 
hatchery listing policy that will give consideration to artificial 
propagation programs in future salmon and steelhead listing 
determinations. Since this ESU contains a captive hatchery population, 
it is appropriate to conduct an updated status review and apply the 
policy to this ESU so that a consistent approach will have been used in 
all NMFS' listing determinations for Pacific salmonids. In the case of 
Southern California steelhead, NMFS has determined that an updated 
status review is appropriate based on two considerations. First, the 
last comprehensive status review was completed in 1996 and thus several 
years of new information may be available that should be considered in 
a status update. Second, issues have been raised in recent litigation 
(Environmental Defense Center v. Evans) about the status of resident 
rainbow trout populations above and below barriers, their relationship 
to steelhead populations below barriers, and whether or not resident 
forms should be part of the listed steelhead ESU. These issues warrant 
further consideration and are most appropriately addressed in an 
updated status review.
    NMFS has also determined that the issues regarding the relationship 
between resident rainbow trout and steelhead that were raised in the 
Environmental Defense Center v. Evans case may also apply to the 9 ESUs 
of steelhead for which updated status reviews have already been 
initiated (see 67 FR 6215; February 11, 2002). Accordingly, NMFS has 
expanded these 9 steelhead ESU status review updates to further 
consider resident rainbow trout and their relationship to steelhead. To 
ensure that NMFS has the best available scientific and commercial data 
to address these issues, this Federal Register notice specifically 
requests information on resident rainbow trout populations associated 
with these 9 steelhead ESUs.
    In conducting these status review updates and making any future 
listing determinations for these ESUs, NMFS will utilize the best 
available scientific and commercial data and coordinate with the U.S. 
Fish and Wildlife Service (FWS). NMFS will also consider conservation 
efforts that provide substantial benefit to the protection and 
conservation of these ESUs (see joint NMFS - FWS ``Proposed Policy on 
Evaluating Conservation Efforts; 65 FR 37102; June 13, 
2000).

Description of ESUs to be Reviewed

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

Snake River Sockeye Salmon ESU

    The Snake River sockeye ESU was listed as an endangered species on 
November 20, 1991 (56 FR 58619). The ESU includes all naturally spawned 
populations of sockeye salmon in Redfish Lake in the Salmon River 
Basin, Idaho. The ESU also includes a captive hatchery population of 
sockeye salmon. The status of the ESU was last reviewed in 1991 (Waples 
et al., 1991) utilizing data through 1990.

Southern California Steelhead ESU

    The Southern California steelhead ESU was listed as an endangered 
species on August 18, 1997 (62 FR 43937). The ESU was defined to 
include all naturally spawned steelhead populations (and their progeny) 
occupying rivers from the Santa Maria River, San Luis Obispo County, 
California (inclusive) southward to Malibu Creek, Los Angeles County, 
California. Resident forms of steelhead (i.e. rainbow trout) above and 
below barriers were not included in the final listing determination. 
However, the status review noted that the resident life history form 
may be a significant part of the ESU, but that there was insufficient 
information regarding resident trout to reasonably evaluate their 
status or interactions with steelhead (Busby et al. 1966). On May 1, 
2002, NMFS redefined the geographic range of this ESU to include all 
naturally spawned steelhead (and their progeny) occupying rivers from 
the Santa Maria River, San Luis Obispo County, California (inclusive) 
to the U.S.-Mexico Border based on new information indicating that 
steelhead spawned in at least one location south of Malibu Creek (67 FR 
21586). Resident forms of steelhead (i.e. rainbow trout) were not 
included in this range extension. The status of this ESU was last 
reviewed comprehensively in 1996 based on the best data available at 
that time (Busby et al. 1996).
    The 9 steelhead ESUs for which NMFS is requesting additional 
information on resident rainbow trout populations are described in the

[[Page 79900]]

February 11, 2002, Federal Register notice announcing the west coast 
status review updates (67 FR 6215). They include the following ESUs: 
South-Central California Coast steelhead, Central California Coast 
steelhead, Upper Columbia River steelhead, Snake River Basin steelhead, 
Lower Columbia River steelhead, California Central Valley steelhead, 
Upper Williamette River steelhead, Middle Columbia River steelhead, and 
Northern California steelhead.

Information Solicited

    To ensure that the status review updates are complete and based on 
the best available and most recent scientific and commercial data, NMFS 
is soliciting information and comments (see DATES and ADDRESSES) 
concerning the Snake River sockeye and Southern California steelhead 
ESUs. NMFS is soliciting pertinent information on naturally spawned and 
hatchery populations within these ESUs including: data on population 
abundance, recruitment, productivity, escapement and reproductive 
success; historical and present data on hatchery releases, 
outmigration, survival, 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 and 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 the two ESUs (see Description of ESUs 
to be Reviewed).
    In the case of Southern California steelhead and the other 9 ESUs 
of west coast steelhead, NMFS is also soliciting pertinent information 
about resident rainbow trout populations above and below barriers 
within the geographic range occupied by the ESU. NMFS in particular is 
seeking information regarding: the relationship between resident 
rainbow trout and steelhead; the range, distribution, and habitat-use 
patterns of resident rainbow trout populations; the abundance, density, 
and presence/absence of resident rainbow trout; genetic or other 
relevant data indicating the amount of exchange and the degree of 
historic and current relatedness between steelhead and resident rainbow 
trout life history forms; the existence of natural and artificial 
barriers to anadromous steelhead populations; the relationship of 
resident fish located above impassible barriers to anadromous and 
resident populations below such barriers; and the spatial and temporal 
trends in the quality and quantity of freshwater habitat, particularly 
above barriers.

Conservation Efforts to Protect ESUs

    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 their decline. NMFS then assesses conservation efforts to determine 
whether they ameliorate a species' extinction risk. 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 be reliably implemented; the 
degree of certainty that such efforts will be effective in furthering 
the conservation of the species; and the existence of monitoring 
provisions to determine the effectiveness of conservation efforts and 
that allow for 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 
encourages all parties to submit information regarding ongoing 
conservation efforts to protect the Snake River sockeye and Southern 
California steelhead ESUs, as well as information on recently 
implemented or planned activities and their likely impact on these 
ESUs.
    The complete citations for the references 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: December 23, 2002.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 02-32953 Filed 12-30-02; 8:45 am]
BILLING CODE 3510-22-S