[Federal Register Volume 74, Number 102 (Friday, May 29, 2009)]
[Notices]
[Pages 25706-25710]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12558]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XP36
Endangered and Threatened Species; Recovery Plans
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration, Commerce.
ACTION: Notice of Availability.
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SUMMARY: The National Marine Fisheries Service (NMFS) announces the
adoption of its Endangered Species Act (ESA) Recovery Plan (Recovery
Plan) for the Lake Ozette Sockeye Salmon (Oncorhynchus nerka)
Evolutionarily Significant Unit (ESU). This Recovery Plan was prepared
by NMFS' Northwest Region and underwent public review. The final
Recovery Plan for Lake Ozette Sockeye contains revisions and additions
in consideration of public comments received on the draft Recovery
Plan.
ADDRESSES: Additional information about the Recovery Plan may be
obtained by writing to Rosemary Furfey, National Marine Fisheries
Service, 1201 N.E. Lloyd Blvd., Suite 1100, Portland, OR 97232, or
calling (503) 231-2149.
Persons wishing to read the Recovery Plan can obtain an electronic
copy (i.e., CD-ROM) from Sharon Houghton by calling (503) 230-5418, or
by emailing a request to [email protected], with the subject
line ``CD-ROM Request for Final ESA Recovery Plan for Lake Ozette
Sockeye Salmon.'' NMFS' summary of and response to public comments on
the draft Recovery Plan for Lake Ozette Sockeye Salmon will be included
on the CD-ROM. Electronic copies of these documents are also available
on-line via the NMFS' website, www.nwr.noaa.gov/Salmon-Recovery-Planning/Recovery-Domains/Puget-Sound/Lake-Ozette-Plan.cfm.
FOR FURTHER INFORMATION CONTACT: Rosemary Furfey, NMFS Lake Ozette
Salmon Recovery Coordinator at (503) 231-2149, or Elizabeth Gaar, NMFS
Salmon Recovery Division at (503) 230-5434.
SUPPLEMENTARY INFORMATION:
Background
Recovery plans describe actions beneficial to the conservation and
recovery of species listed under the Endangered Species Act of 1973
(ESA), as amended (16 U.S.C. 1531 et seq.). The ESA requires that
recovery plans, to the extent practicable, incorporate (1) objective,
measurable criteria, which, when met, would result in a determination
that the species is no longer threatened or endangered; (2) site-
specific management actions that may be necessary to achieve the plan's
goals; and (3) estimates of the time required and costs to implement
recovery actions. The ESA requires the development of recovery plans
for listed species unless such a plan would not promote recovery of a
particular species.
NMFS' goal is to restore endangered and threatened Pacific salmon
ESUs and steelhead distinct population segments (DPSs) to the point
that they are again self-sustaining members of their ecosystems and no
longer need the protections of the ESA. NMFS believes it is critically
important to base its recovery plans on the many state, regional,
tribal, local, and private conservation efforts already underway
throughout the region. Therefore, the agency supports and participates
in locally led collaborative efforts to develop recovery plans,
involving local communities, state, tribal, and Federal entities, and
other stakeholders. As the lead ESA agency for listed salmon, NMFS is
responsible for reviewing these locally produced recovery plans and
[[Page 25707]]
deciding whether they meet ESA statutory requirements and merit
adoption as ESA recovery plans.
In 2005, NMFS and the Lake Ozette Steering Committee (Steering
Committee), an existing, locally based citizen group, began working
together to write a plan for the recovery of Lake Ozette sockeye salmon
(originally listed as threatened on March 25, 1999 (64 FR 14528)). The
goal was to produce a plan that meets ESA requirements for recovery
plans as well as the State of Washington's recovery planning outline
and guidance (WDFW 2003). The Makah and Quileute Tribes, Olympic
National Park, Clallam County, local land owners, Washington Governor's
Salmon Recovery Office, Washington Department of Fish and Wildlife,
Washington Department of Natural Resources, NMFS, U.S. Environmental
Protection Agency, North Olympic Peninsula Lead Entity, private timber
companies, and local citizens comprised the Steering Committee and have
met periodically since 1981 to discuss natural resource issues related
to sockeye salmon. The diverse representation on the Steering Committee
has provided a broad and unique perspective that has lent great value
to the recovery planning process.
To ensure that recovery plans are scientifically sound, NMFS has
appointed teams of scientists with expertise in salmon species to
provide scientific support for recovery planning in the Northwest.
These technical recovery teams (TRTs) include biologists from NMFS,
state, tribal, and local agencies, academic institutions, and private
consulting groups. The Puget Sound TRT provided two reports for the
Lake Ozette sockeye salmon recovery planning process: (1) a description
of the Lake Ozette sockeye salmon population (Currents et al. 2006) and
(2) viability criteria for the sockeye (Rawson et al. 2007). The TRT
also reviewed the Lake Ozette Sockeye Limiting Factors Analysis
(Haggerty et al. 2007), the proposed recovery plan, and coordinated an
independent peer review process. Frequent Steering Committee meetings
enabled NMFS and the Puget Sound TRT to share draft recovery plan
products and seek review and comment as the draft plan was developed.
Based on this iterative process, the availability of the Proposed
Recovery Plan for Lake Ozette Sockeye Salmon was published in the
Federal Register on April 23, 2008, and public comments were solicited
(73 FR 21913). Other supporting documents were also made available for
public review and comment, including the Draft Limiting Factors
Analysis and draft Puget Sound TRT reports.
NMFS received 20 comment letters, by mail, facsimile, or e-mail, on
the Proposed Recovery Plan. Public hearings were held between April 23,
2008, and June 23, 2008, in Port Angeles, WA, and Sekiu, WA. NMFS
summarized the public comments and oral testimony and prepared
responses, now available on the NMFS website at: www.nwr.noaa.gov/Salmon-Recovery-Planning/Recovery-Domains/Puget-Sound/Lake-Ozette-Plan.cfm. NMFS revised its Proposed Recovery Plan based on comments
received.
Consistent with adoption of this final Recovery Plan, NMFS will
seek to implement the actions for which it has authority, to work
cooperatively on implementation of other actions, and to encourage
other Federal agencies to implement Recovery Plan actions for which
they have responsibility and authority. NMFS will also encourage the
State of Washington to seek similar implementation commitments from
state agencies and local governments. NMFS expects the Recovery Plan to
help NMFS and other Federal agencies take a more consistent approach to
future ESA section 7 consultations under the ESA and other ESA
decisions. For example, the Recovery Plan will provide greater
biological context for the effects that a proposed action may have on
the listed ESU. This context will be enhanced by adding Recovery Plan
science to the ``best available information'' for section 7
consultation opinions, section 10 habitat conservation plans, and other
ESA decisions. Such information includes viability criteria for the ESU
and its independent populations; better understanding of and
information on limiting factors and threats impacting the ESU; better
information on priority areas for addressing specific limiting factors;
and better geographic context for where the ESU can tolerate varying
levels of risk.
The Recovery Plan
Lake Ozette, its perimeter shore, and most of the Ozette River,
which forms the outlet of the lake to the estuary and Pacific Ocean,
are included in the 922,000-acre Olympic National Park. This Recovery
Plan complements, recognizes, and works within the authorities of the
Olympic National Park, Clallam County, the Forest Practices Habitat
Conservation Plan, and tribal trust and treaty rights, and does not
augment or supersede these or other authorities.
The Recovery Plan is based on a series of hypotheses about what is
limiting the survival of Lake Ozette sockeye salmon. These hypotheses
are based on the best available current knowledge about Lake Ozette
sockeye salmon. These hypotheses are designed to be tested in the
course of time through monitoring the fish, their environment, and the
effects of the actions that may be taken to protect and improve the
Lake Ozette sockeye's ecosystem and survival chances. The process of
designing actions based on best available information, then monitoring
the results to find out what works best and changing the actions as
appropriate, is called adaptive management. This Recovery Plan is
intended as a tool for adaptive management for Lake Ozette sockeye
salmon recovery and is to be implemented within the range of the Lake
Ozette Sockeye Salmon ESU.
ESU Addressed and Planning Area
Lake Ozette sockeye salmon were listed under the ESA on March 25,
1999 (64 FR 14528), as a species threatened with becoming endangered
throughout all or a significant portion of its range. The Lake Ozette
Sockeye Salmon ESU is unique among other ESA-listed salmon in being
made up of only one population (Currens et al. 2006), with an inland
range that is limited to a single freshwater watershed a short distance
from the ocean. The Lake Ozette watershed has an unusual potential for
protection and restoration of landscape processes to support long-term
salmon survival, because it is relatively undeveloped, has a relatively
low human population density, and the lake itself is located within the
Olympic National Park.
The single population of Lake Ozette sockeye salmon currently
contains five distinct spawning aggregations that are described in the
Recovery Plan as subpopulations. The subpopulations can be grouped
according to whether they spawn in tributaries or near lake beaches.
Lake Ozette sockeye salmon are distinguished from other Washington
sockeye salmon ESUs based on unique genetic characteristics, early
river entry, the relatively large adult body size, and larger average
smolt size relative to other coastal Washington sockeye salmon
populations.
Lake Ozette is situated on the coastal plain between the Pacific
Ocean and the Olympic Mountains. The lake is approximately 8 miles
(12.9 km) long from north to south and 2 miles (3.2 km) wide,
irregularly shaped, and containing several bays, distinct points, and
three islands. With a surface area of 11.8 mi\2\ (30.6 km\2\, 7,550
acres; 3,056 ha), Lake Ozette is the third largest natural lake in
Washington State. The Ozette River
[[Page 25708]]
drains the lake from its north end and travels approximately 5.3 miles
(8.5 km) along a sinuous course to the Pacific Ocean. The total
drainage area of the Ozette watershed at the confluence with the
Pacific Ocean is 88.4 mi\2\ (229 km\2\).
Historically, the Ozette watershed supported thriving populations
of sockeye salmon, which were an important element of the fisheries of
the Makah and Quileute Tribes, as well as an important subsistence
species for early European-American settlers in the watershed. The peak
harvest of 17,500 fish was recorded in 1949, but abundance decreased
rapidly in the following decades. Because of declining numbers, tribal
commercial harvest ceased in 1974 and all tribal ceremonial and
subsistence harvest ceased in 1982.
The Plan's Recovery Goals and Recovery Criteria
The Recovery Plan's goal is for the Lake Ozette sockeye salmon
population to reach the point that it is naturally self-sustaining, no
longer needs the protection of the ESA, and can be delisted. In
addition, a recovery plan can have ``broad-sense'' goals that may go
beyond the requirements for delisting to acknowledge social, cultural,
or economic values regarding the listed species. NMFS and the Lake
Ozette Steering Committee crafted the following vision statement
describing desirable future conditions for the Lake Ozette sockeye
salmon and its human and biological setting:
``The naturally spawning Lake Ozette sockeye salmon population
is sufficiently abundant, productive, and diverse (in terms of life
histories and geographic distribution) to provide significant
ecological, cultural, social, and economic benefits. Protection and
restoration of ecosystems have sustained processes necessary to
maintain sockeye as well as other salmon, steelhead, and wildlife
species. Community livability, economic well-being, and treaty-
reserved fishing rights have benefited by balancing salmon recovery
with management of local land use and fishery economies.''
To meet the ESA requirements for objective, measurable criteria for
delisting, the Recovery Plan provides biological recovery criteria
based on the Puget Sound TRT viability criteria for Lake Ozette sockeye
salmon, as well as ``threats'' criteria based on the listing factors
defined in ESA section 4(a)(1).
Biological Recovery Criteria
The Puget Sound TRT provided viability criteria for Lake Ozette
sockeye salmon in terms of the four ``viable salmonid populations''
(VSP) parameters defined in NMFS technical memorandum, Viable salmonid
populations and the recovery of evolutionarily significant units
(McElhany et al. 2000). The Puget Sound TRT's viability criteria for
Lake Ozette sockeye salmon are as follows:
Abundance: Approximately 31,250-121,000 adult spawners, over a
number of years; this planning range is associated with a productivity
of 1:1 recruits-per-spawner. NMFS is working with the Puget Sound TRT
to develop more specific abundance and productivity targets and a
specific number of years that would represent a level upon which to
make a delisting decision.
Productivity (Growth Rate): Stable or increasing.
Spatial Structure: Multiple, persistent, and spatially distinct
beach-spawning aggregations, augmented by tributary spawning
aggregations.
Diversity: One or more persistent spawning aggregations from each
major genetic and life history group historically present within that
population. Maintain the distinctness between Lake Ozette sockeye
salmon and kokanee.
NMFS, in coordination with the Steering Committee, concluded that
the Puget Sound TRT's viability criteria should be the biological
recovery criteria of this Recovery Plan.
Threats Criteria
``Threats'' are the human activities or natural events that cause
the factors limiting a species' survival. For example, where high water
temperatures are identified as a limiting factor, removal of riparian
vegetation, which causes loss of shade and results in higher water
temperatures, is categorized as the threat. The threats criteria define
the conditions under which the listing factors, or threats, can be
considered to be addressed or mitigated. Threats criteria are provided
in Section 3.3.3 of the Recovery Plan.
Causes for Decline and Current Threats
The 1999 listing of the Lake Ozette sockeye salmon ESU as
threatened under the ESA was primarily attributed to concerns about low
abundance and effects of small population genetic and demographic
variability. A more thorough identification of limiting factors is
provided in the Lake Ozette Sockeye Limiting Factors Analysis (Haggerty
et al. 2009). Based on the best available information and analysis, the
Lake Ozette Steering Committee's Technical Workgroup evaluated and
rated each of the limiting factors hypotheses for its contribution to
sockeye population or subpopulation mortality by life stage.
Some limiting factors, habitat conditions, and life histories were
shared among all subpopulations, while others vary. In the Limiting
Factors Analysis, the subpopulations were grouped based on spawning
environment, i.e., tributary vs. beach, and limiting factors were
described in three categories: those affecting the entire population;
those specific to beach spawners; and those specific to tributary
spawners.
Two limiting factors are hypothesized as having a high impact on
all Lake Ozette sockeye salmon population segments: piscivorous fish
predation on juveniles rearing in the lake, and general marine
survival. Limiting factors with moderate impact on all population
segments are marine mammal predation on adults re-entering the Ozette
River and water quality in the Ozette River.
Limiting factors hypothesized as having a high impact specifically
on beach spawners are poor-quality spawning habitat, which decreases
survival in the incubation-to-emergence life stage, and predation on
adults, eggs, and newly emerged fry. Limiting factors with moderate
impact on beach spawners are: seasonal lake level changes; water
quality issues, including turbidity and fine sediment; and competition
for good quality spawning habitat, which can result in redd
superimposition and decreased egg-to-fry survival.
Limiting factors hypothesized as having high impact specifically on
tributary spawners are fine sediments, unstable channel, and other
water quality issues that reduce spawning habitat quality and result in
decreased egg-to-fry survival. High predation on fry during their
emigration to the lake was identified as a limiting factor with
moderate impact on tributary spawners.
Recovery Strategies and Actions
The Recovery Plan recommends an overall recovery strategy based on
current research about the relationships between watershed processes,
land use, and freshwater habitat. This information is then related to
what is known about sockeye salmon mortality by life stage, and to the
hypothesized limiting factors. The result is a hierarchy of types of
recovery strategies that can form the basis for setting priorities
among potential actions.
The first priority, and likely the most effective type of action,
is to assess, protect, and maintain good quality habitat and the
processes that create and maintain it. One example would be to protect
currently used spawning areas. Another would be for willing landowners
to protect forest or streamside areas with conservation easements,
where trees could be
[[Page 25709]]
allowed to grow large, mature, and eventually fall by natural forces,
creating habitat conditions needed by sockeye salmon.
Next in importance and certainty of effectiveness is reconnecting
isolated habitat - for example, removing a blockage in the stream, thus
allowing salmon more room to spawn and rear.
Third is restoring biological processes of various kinds; this
includes a wide range of potential actions. For example: restoring
natural predator-prey balance by improving egg-to-fry survival and/or
reducing non-native fish species by means of selective fishing; ceasing
to remove large woody debris from sections of the lower Ozette River;
and assessing sources of sediment and reducing sediment production and
delivery to streams.
Directly restoring degraded habitat is of lower priority because it
is more difficult, often more costly, and often effective only in the
short-term, compared to restoring the processes that create habitat and
will continue creating properly functioning habitat over time. However,
some direct actions, such as placing large woody debris in carefully
chosen areas, will initiate biological processes that are likely to
continue naturally if accompanied by appropriate long-term riparian
management. Creating new habitat is significantly more difficult than
working to protect and restore existing habitat; creating new habitat
is therefore of lowest priority, although in some circumstances it may
be the only alternative.
NMFS, with input from the Steering Committee, evaluated the sub-
basins in the Lake Ozette watershed for their importance as sockeye
habitat. The Recovery Plan accordingly provides geographic priorities
for recovery actions.
Habitat, harvest, and hatchery factors affecting Lake Ozette
sockeye salmon are included in the recovery strategies. Hatchery and
harvest management issues are presented and addressed within the
context of biological processes.
NMFS and the Lake Ozette Steering Committee developed an extensive
list of 121 potential projects/actions. The proposed actions are
designed to address the full range of limiting factors for all life
cycle stages of Lake Ozette sockeye salmon and are intended to improve
the health and ecosystems of these fish.
The proposed actions are in six categories:
Fisheries management
Habitat-related actions
Hatchery supplementation
Predation-related actions
Research, monitoring, and adaptive management
Public education and outreach, which need to be
implemented in cooperation with all appropriate permitting authorities
(including Olympic National Park), and in the context of existing
permits, regulations, agreements, and public processes.
Site-specific Actions
The Recovery Plan recognizes that recovery actions must be
implemented at both the regional, or ESU, and watershed, or population,
levels. In the case of Lake Ozette sockeye, the ESU contains only one
population, so actions taken to benefit the ESU will undoubtedly
benefit the sole population. Site-specific actions articulated in this
Recovery Plan are intended to link directly to recovery models,
watershed processes, locations (including Ozette River, tributaries,
estuarine, and nearshore environments), and address primary and
secondary limiting factor hypotheses. Details of the site-specific
actions can be found in Appendix D of the Plan.
Research, Monitoring, and Adaptive Management
The Recovery Plan identifies the many knowledge gaps and
uncertainties involved in designing recovery actions for the Lake
Ozette sockeye salmon. Because the proposed recovery actions are based
on hypotheses about the relationships between fish, limiting factors,
human activities, and the environment, the Recovery Plan recommends
research and monitoring to determine recovery progress. Monitoring is
the basis for adaptive management the process of adjusting management
actions and/or directions based on new information. Research,
monitoring, and adaptive management are built into the Recovery Plan.
Time and Cost Estimates
Section 4(f)(1) of the ESA requires that the Recovery Plan include
``estimates of the time required and the cost to carry out those
measures needed to achieve the Plan's goal and to achieve intermediate
steps toward that goal'' (16 U.S.C. 1533[f][1]). Chapter 9 of the
Recovery Plan provides cost estimates for actions where costs are
available. Costs for actions that are being implemented as part of
ongoing, existing programs are considered ``baseline'' and are not
included in Chapter 9 as costs to recover Lake Ozette sockeye salmon.
The overall total cost to implement recovery actions for the first 10
years of this plan is estimated to be approximately $46 million. Many
of these are one-time costs.
Approximately $100,000 of the estimated implementation cost
represents ongoing, annual administrative or infrastructure costs that
will likely continue for the duration of implementation of the plan.
Thus, it can be inferred that if recovery takes 50 years, another $4
million may be incurred over the long term to continue and maintain
habitat improvements.
NMFS estimates that recovery of the Lake Ozette Sockeye Salmon ESU,
like recovery for most of the ESA-listed salmon, could take 50 to 100
years. Because many uncertainties exist about how sockeye salmon and
their habitat will respond to recovery actions, the costs and recovery
actions in this plan focus on the first 10 years of implementation.
Actions and costs will be revised over time as part of adaptive
management.
Unlike other ESA-listed salmon species in Washington State, the
Lake Ozette Sockeye Salmon ESU has not had a state-designated recovery
board responsible for developing the recovery plan. Therefore, NMFS is
working with the Lake Ozette Steering Committee and other entities,
such as the newly formed North Pacific Coast Lead Entity and the
Washington Coast Sustainable Salmon Partnership, to make an
Implementation Plan. NMFS anticipates that the organizations
potentially involved will choose to participate in recognition of the
shared benefits of habitat protection and restoration. A detailed
Implementation Schedule and further details of an organizational
approach to implementation will be produced in 2009.
Conclusions
NMFS concludes that the Recovery Plan meets the requirements of ESA
section 4(f) and thus is adopting it as the Recovery Plan for Lake
Ozette Sockeye Salmon.
Literature Cited
Currens, K.P., R. Fuerstenberg, W. Graeber, K. Rawson, M.
Ruckelshaus, N.J. Sands, and J. Scott. 2006. Independent populations of
sockeye salmon in Lake Ozette. Puget Sound Technical Recovery Team
document. March 21, 2006. Northwest Fisheries Science Center. NOAA
Fisheries Service. Seattle, WA. 20p. www.nwfsc.noaa.gov/trt/puget_docs.
Haggerty, M.J., A.C. Ritchie, J.G. Shellberg, M.J. Crewson, and J.
Jolonen. 2007. Lake Ozette Sockeye Limiting Factors Analysis. Prepared
for the Makah Indian Tribe and NOAA
[[Page 25710]]
Fisheries in cooperation with the Lake Ozette Sockeye Steering
Committee. Port Angeles, WA.
McElhany, P., M.H. Ruckelshaus, M.J. Ford, T.C. Wainwright, and
E.P. Bjorkstedt. 2000. Viable salmon populations and the recovery of
evolutionarily significant units. U.S. Dept. of Commerce, NOAA Tech.
Memo., NMFS-NWFSC 42. 156p.
Rawson, K., N.J. Sands, K.P.Currens, W. Graeber, M. Ruckelshaus, R.
Fuerstenberg, and J.B. Scott. 2008. Viability Criteria for the Lake
Ozette Sockeye Salmon ESU. Puget Sound Technical Recovery Team
document. Northwest Fisheries Science Center. NOAA Fisheries Service.
Seattle, WA. 39p.
Washington Department of Fish and Wildlife (WDFW). 2003. State of
Washington: An Outline for Salmon Recovery Plans. December 2003.
Olympia, WA. 44p.
Authority: 16 U.S.C. 1531 et seq.
Dated: May 22, 2009.
Therese Conant,
Acting Chief, Endangered Species Division, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. E9-12558 Filed 5-28-09; 8:45 am]
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