[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]
BILLING CODE 3510-22-S