[Federal Register Volume 70, Number 26 (Wednesday, February 9, 2005)]
[Notices]
[Pages 6840-6841]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-2530]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 020105C]


Endangered and Threatened Species: Notice of New Information 
Available Concerning Oregon Coast Coho Salmon Currently Proposed for 
Threatened Status

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

ACTION: Notice of Availability of new information.

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SUMMARY: In June 2004, NMFS proposed that Oregon Coast coho salmon be 
listed as a threatened species under the Endangered Species Act (ESA). 
The State of Oregon (hereafter, ``the State'') has recently made 
publically available a draft assessment of the viability of Oregon 
Coast coho salmon, as well as of the contributions of the Oregon Plan 
for Salmon and Watersheds (OPSW) to conserving Oregon Coast coho 
salmon. To ensure that the final listing determination for Oregon Coast 
coho salmon is based upon the best available scientific and commercial 
information, NMFS will be considering the information presented in the 
State's draft assessment (hereafter the ``draft Coho Project Report'') 
in determining the final listing status for the species. Accordingly, 
notice is hereby given of the availability of the State's draft Coho 
Project Report for public review and comment. NMFS is furnishing this 
notification to allow other agencies and the public an opportunity to 
review and comment on the State's analyses and findings. Specifically, 
NMFS is soliciting public comment on the State's assessment as it 
relates to the ESA listing status of Oregon Coast coho salmon, as well 
as other information concerning NMFS' final listing decision on Oregon 
Coast coho. All comments received will become part of the public record 
and will be available for review.

DATES: All comments must be received no later than 5 p.m. Pacific 
Standard Time on March 11, 2005.

ADDRESSES: Copies of the State's draft Coho Project Report are 
available on the Internet at: ftp://nrimp.dfw.state.or.us/OregonPlan/, 
or upon request (see FOR FURTHER INFORMATION CONTACT below). You may 
submit comments on the draft Coho Project Report by any of the 
following methods:
    E-mail: The mailbox address for submitting e-mail comments on the 
draft OPSW Assessment Report is [email protected]. Please 
include in the subject line of the e-mail comment the document 
identifier ``Oregon's Draft Coho Project Report.''
    Mail: Prior to February 18, 2005, you may submit written comments 
and information to Chief, NMFS, Protected Resources Division, 525 NE 
Oregon Street, Suite 500, Portland, Oregon, 97232-2737. Following 
February 18, 2005, you may submit written comments and information to 
Chief, NMFS, Protected Resources Division, 1201 NE Lloyd Boulevard, 
Suite 1100, Portland, Oregon, 97232. Please identify the comment as 
regarding the ``Oregon's Draft Coho Project Report.''
    Hand Delivery/Courier: Prior to February 18, 2005, you may hand 
deliver written comments and information to NMFS, Protected Resources 
Division, 525 NE Oregon Street, Suite 500, Portland, Oregon, 97232-
2737. Following February 18, 2005, you may hand deliver written 
comments and information to NMFS, Protected Resources Division, 1201 NE 
Lloyd Boulevard, Suite 1100, Portland, Oregon, 97232. Business hours 
are 8 a.m. to 5 p.m., Monday through Friday, except Federal holidays. 
Please identify the comment as regarding the ``Oregon's Draft Coho 
Project Report.''

[[Page 6841]]

    Fax: 503-230-5441. Please identify the fax comment as regarding the 
``Oregon's Draft Coho Project Report.''

FOR FURTHER INFORMATION CONTACT: Scott Rumsey, NMFS, Northwest Region, 
Protected Resources Division by phone at (503) 872-2791. Copies of the 
Federal Register notices cited herein and additional salmon-related 
materials are available on the Internet at http://www.nwr.noaa.gov.

SUPPLEMENTARY INFORMATION:

Background

    Section 4(b)(1)(A) of the ESA requires NMFS to make listing 
determinations 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 efforts being made to protect the species. In 
judging the efficacy of existing protective efforts, NMFS relies on the 
joint NMFS-U.S. Fish and Wildlife Service ``Policy for Evaluation of 
Conservation Efforts When Making Listing Decisions'' (``PECE;'' 68 FR 
15100; March 28, 2003). PECE provides direction for the consideration 
of protective efforts identified in conservation agreements, 
conservation plans, management plans, or similar documents that have 
not yet been implemented, or have been implemented but have not yet 
demonstrated effectiveness. The policy articulates several criteria for 
evaluating the certainty of implementation and effectiveness of 
protective efforts to aid in determination of whether a species should 
be listed as threatened or endangered. NMFS lists as endangered ``any 
species which is in danger of extinction throughout all or a 
significant portion of its range,'' and lists as threatened any species 
``which is likely to become an endangered species within the 
foreseeable future throughout all or a significant portion of its 
range.''
    On June 14, 2004, NMFS published proposed ESA listing 
determinations for 27 Evolutionarily Significant Units ( ESUs) of 
salmon and O. mykiss (69 FR 33101), including a proposal to list the 
Oregon Coast ESU as ``threatened'' under the ESA. In concluding that 
the ESU is ``likely to become endangered within the foreseeable 
future,'' NMFS evaluated the status of the species, noting that recent 
strong returns (in 2000-2002) are extremely encouraging, but that these 
strong returns follow 3 years of successive recruitment failure (in 
1997-1999). The recent increases in Oregon Coast coho returns are 
largely attributed to highly productive ocean conditions favoring high 
rates of coho marine survival. NMFS concluded that the recent increases 
need to be sustained through additional brood years to resolve 
remaining uncertainties regarding ESU viability, particularly during 
unfavorable ocean conditions. NMFS noted that additional information 
demonstrating that the freshwater habitat can support high abundances 
of natural spawners and sustain recent abundance levels would also help 
resolve these uncertainties.
    As part of its June 2004 listing proposals, NMFS evaluated, 
pursuant to the ESA and consistent with PECE, available information 
regarding efforts being made to protect the species. In its proposed 
listing determination for the Oregon Coast coho ESU, NMFS determined 
that, given the best information available at the time of the proposal, 
OPSW and other protective efforts do not provide sufficient certainty 
of implementation and effectiveness to alter the conclusion that the 
ESU is ``likely to become an endangered species within the foreseeable 
future throughout all or a significant portion of its range.'' However, 
NMFS noted that the State was initiating a comprehensive analysis of 
the adequacy of actions under OPSW, specifically in the context of 
contributing to the conservation and recovery of the Oregon Coast coho 
ESU. At the time of the proposal the State's OPSW assessment had just 
recently been initiated, and no new information was available to 
further inform NMFS' proposed listing determination for the Oregon 
Coast coho ESU. However, NMFS noted that ``if information is made 
available to NMFS suggesting that the Oregon Plan [OPSW] and/or other 
conservation efforts substantially mitigate ESU extinction risk, NMFS 
may take such opportunity to re-initiate a status review for the Oregon 
Coast coho ESU to consider the best and most recent scientific and 
commercial information available.''
    Following an initial public comment period of 90 days, the public 
comment period was extended twice for an additional 36 and 22 days, 
respectively (69 FR 53031; August 31, 2004; 69 FR 61348; October 18, 
2004).
    The State has recently made a draft report publicly available 
(available on the Internet at: ftp://nrimp.dfw.state.or.us/OregonPlan/) 
assessing the viability of Oregon Coast coho and the contributions of 
OPSW to the conservation of the ESU. NMFS will consider the information 
presented in the draft and final Coho Project Report in developing a 
final listing determination for the Oregon Coast coho ESU. To that end, 
NMFS is soliciting public comment on the State's draft Coho Project 
Report.

Information Solicited

    NMFS is soliciting public comment on whether the State's draft Coho 
Project Report provides new information and analyses concerning the 
viability of Oregon Coast coho to alter the NMFS' extinction risk 
assessment and proposed determination that the ESU is likely to become 
an endangered species within the foreseeable future throughout all or a 
significant portion of its range (i.e., ``threatened''). Additionally, 
NMFS is soliciting comment on whether the draft Coho Project Report 
presents information and analyses demonstrating, consistent with PECE, 
that the OPSW provides sufficient certainty of implementation and 
effectiveness to alter NMFS' proposed determination that efforts being 
made to protect the Oregon Coast coho ESU do not substantially mitigate 
the assessed level of extinction risk. NMFS will also consider, in 
making a final listing decision for the Oregon Coast coho ESU, any 
information provided pursuant to this notice concerning the viability 
of Oregon Coast coho and any efforts being made to protect that ESU.

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

    Dated: February 3, 2005.
Laurie K. Allen,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 05-2530 Filed 2-8-05; 8:45 am]
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