[Federal Register Volume 75, Number 52 (Thursday, March 18, 2010)]
[Notices]
[Pages 13082-13083]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-5994]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XU09


Listing Endangered and Threatened Species; Initiation of 5-Year 
Reviews for 27 Evolutionarily Significant Units and Distinct Population 
Segments of Pacific Salmon and Steelhead

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

ACTION: Notice of initiation of 5-year reviews; request for 
information.

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SUMMARY: We, NMFS, announce 5-year reviews of 16 evolutionarily 
significant units (ESUs) of Pacific salmon (Oncorhynchus sp.) and 11 
distinct population segments (DPSs) of steelhead (Oncorhynchus mykiss) 
under the Endangered Species Act of 1973, as amended (ESA). The purpose 
of the review is to ensure the accuracy of the listing classifications 
of these salmonids. On June 28, 2005, NMFS issued final listing 
determinations for 16 ESUs of Pacific salmon and on January 5, 2006 for 
ten DPSs of steelhead. We will also complete a 5-year review of Puget 
Sound steelhead listed on May 11, 2007. The 5-year reviews will be 
based on the best scientific and commercial data available at the time 
of the reviews; therefore, we request submission of any such 
information on these ESUs and DPSs that has become available since the 
listing determinations in 2005, 2006, and 2007. Based on the results of 
these 5-year reviews, we will make the requisite determinations under 
the ESA.

DATES: To allow us adequate time to conduct these reviews, we must 
receive your information no later than May 17, 2010. However, we will 
continue to accept new information about any listed species at any 
time.

ADDRESSES: Please submit information on salmonids in Oregon, Idaho, and 
Washington to Eric Murray, NMFS Northwest Region, 1201 Lloyd Blvd, 
Suite 1100, Portland, OR 97232 and information on salmonids in 
California to Craig Wingert, NMFS Southwest Region, 501, West Ocean 
Blvd., Long Beach, CA, 90802-4213. Information received in response to 
this notice will be available for public inspection by appointment, 
during normal business hours, at the above addresses. Information may 
also be submitted via facsimile (fax) to (503) 230-5441 (Northwest 
Region) or (562) 980-4027 (Southwest Region).

FOR FURTHER INFORMATION CONTACT: Eric Murray at the above address or at 
(503) 231-2378 or Craig Wingert at the above address or at (562) 980-
4021.

SUPPLEMENTARY INFORMATION: Section 4(c)(2)(A) of the ESA requires that 
we conduct a review of listed species at least once every five years. 
On the basis of such reviews, we determine under section 4(c)(2)(B) 
whether a species should be delisted, or reclassified from endangered 
to threatened or from threatened to endangered.
    We will undertake reviews for the following salmon ESUs: (1) 
Sacramento River winter-run Chinook salmon, (2) Upper Columbia River 
spring-run Chinook salmon, (3) Snake River spring/summer-run Chinook 
salmon; (4) Central Valley spring-run Chinook salmon: (5) California 
Coastal Chinook salmon; (6) Puget Sound Chinook salmon; (7) Lower 
Columbia River Chinook salmon; (8) Upper Willamette River Chinook 
salmon; (9) Snake River fall-run Chinook salmon; (10) Hood Canal 
summer-run chum salmon; (11) Columbia River chum salmon; (12) Central 
California Coast coho salmon; (13) Southern Oregon/Northern California 
Coast coho salmon; (14) Lower Columbia River coho salmon; (15) Snake 
River sockeye salmon; and (16) Ozette Lake sockeye salmon.
    We will undertake reviews for the following steelhead DPSs: (1) 
Southern California; (2) Upper Columbia River; (3) Middle Columbia 
River; (4) Snake River Basin; (5) Lower Columbia River; (6) Upper 
Willamette; (7) South-Central California Coast; (8) Central California 
Coast; (9) Northern California; (10) California Central Valley; and 
(11) Puget

[[Page 13083]]

Sound. Information about these ESUs and DPSs can be found at our 
regional websites: http://www.nwr.noaa.gov/ (Northwest Region) or 
http://swr.nmfs.noaa.gov/ (Southwest Region). The Oregon Coast coho 
salmon ESU is currently undergoing review and therefore is not included 
in these 5-year reviews.
    Our regulations for periodic reviews at 50 CFR 424.21 require that 
we publish a notice in the Federal Register announcing those species 
currently under active review. This notice announces our active reviews 
of the ESUs and DPSs of salmon and steelhead listed above. Any change 
in listing classification would require a separate rulemaking process.

Determining if a Species is Threatened or Endangered

    Section 4(a)(1) of the ESA requires that we determine whether a 
species is endangered or threatened based on one or more of the five 
following factors: (1) The present or threatened destruction, 
modification, or curtailment of its habitat or range; (2) 
overutilization for commercial, recreational, scientific, or 
educational purposes; (3) disease or predation; (4) the inadequacy of 
existing regulatory mechanisms; or (5) other natural or manmade factors 
affecting its continued existence. Section 4(b) also requires that our 
determination be made on the basis of the best scientific and 
commercial data available after taking into account those efforts, if 
any, being made by any State or foreign nation, to protect such 
species.

Application of the ESU and DPS Policies

    NMFS is responsible for determining whether species, subspecies, or 
DPSs of Pacific salmon and steelhead are threatened or endangered under 
the ESA. To identify the proper taxonomic unit for consideration in a 
listing determination, we use our Policy on Applying the Definition of 
Species under the ESA to Pacific Salmon (ESU Policy) (56 FR 58612). 
Under this policy, populations of salmon substantially reproductively 
isolated from other conspecific populations and representing an 
important component in the evolutionary legacy of the biological 
species are considered to be an ESU. In our listing determinations for 
Pacific salmon under the ESA, we have treated an ESU as constituting a 
DPS, and hence a ``species,'' under the ESA.
    On January 5, 2006, we announced that we would apply the joint US 
Fish and Wildlife Service-NMFS DPS policy (61 FR 4722) rather than our 
ESU Policy to populations of steelhead. Under this policy, a DPS of 
steelhead must be discrete from other conspecific populations, and it 
must be significant to its taxon. A group of organisms is discrete if 
it is ``markedly separated from other populations of the same taxon as 
a consequence of physical, physiological, ecological, and behavioral 
factors.'' Under the DPS Policy, if a population group is determined to 
be discrete, the agency must then consider whether it is significant to 
the taxon to which it belongs. Considerations in evaluating the 
significance of a discrete population include: (1) persistence of the 
discrete population in an unusual or unique ecological setting for the 
taxon; (2) evidence that the loss of the discrete population segment 
would cause a significant gap in the taxon's range; (3) evidence that 
the discrete population segment represents the only surviving natural 
occurrence of a taxon that may be more abundant elsewhere outside its 
historical geographic range; or (4) evidence that the discrete 
population has marked genetic differences from other populations of the 
species.
    On June 28, 2005, we announced a final policy addressing the role 
of artificially propagated (hatchery produced) Pacific salmon and 
steelhead in listing determinations under the ESA (70 FR 37204). 
Specifically, this policy (1) establishes criteria for including 
hatchery stocks in ESUs and DPSs, (2) provides direction for 
considering hatchery fish in extinction risk assessments of ESUs and 
DPSs, (3) requires that hatchery fish determined to be part of an ESU 
will be included in any listing of the ESU; (4) affirms NMFS' 
commitment to conserving natural salmon and steelhead populations and 
the ecosystems upon which they depend, and (5) affirms NMFS' commitment 
to fulfilling trust and treaty obligations with regard to the harvest 
of some Pacific salmon and steelhead populations, consistent with the 
conservation and recovery of listed salmon and steelhead ESUs.

Public Solicitation of New Information

    The 5-year reviews will consider the best scientific and commercial 
data available and new information that has become available since the 
last listing determinations. Our Northwest and Southwest Fisheries 
Science Centers will assist the Regions in gathering and analyzing this 
information. To ensure that the 5-year reviews are complete and based 
on the best available information, we are soliciting new information 
from the public, concerned governmental agencies, Tribes, the 
scientific community, industry, environmental entities, and any other 
interested parties concerning the status of the salmon and steelhead 
ESUs and DPSs listed above.
    Specifically, we request new information since our listing 
determinations in 2005, 2006, and 2007 on (1) Population abundance; (2) 
population productivity; (3) changes in species distribution or 
population spatial structure; (4) genetics or other diversity measures; 
(5) changes in habitat conditions; (6) conservation measures that have 
been implemented that benefit the species; (7) status and trends of 
threats; (8) changes to salmon and steelhead hatchery programs that may 
affect ESU or DPS membership, and (9) other new information, data, or 
corrections including, but not limited to, taxonomic or nomenclatural 
changes, identification of erroneous information in the previous 
listing determination, and improved analytical methods.
    If you wish to provide information for this 5-year review, you may 
submit your information and materials to Eric Murray or Craig Wingert 
(see ADDRESSES). Our practice is to make submissions of information, 
including names and home addresses of respondents, available for public 
review during regular business hours. Respondents may request that we 
withhold a respondent's identity as allowable by law. If you wish us to 
withhold your name or address, you must state this request prominently 
at the beginning of your submission. We will not, however, consider 
anonymous submissions. To the extent consistent with applicable law, we 
will make all submissions from organizations or businesses, and from 
individuals identifying themselves as representatives or officials of 
organizations or businesses, available for public inspection in their 
entirety. Information and materials received will be available for 
public inspection, by appointment, during normal business hours (see 
ADDRESSES).

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

    Dated: March 12, 2010
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources, 
National Marine Fisheries Service.
[FR Doc. 2010-5994 Filed 3-17-10; 8:45 am]
BILLING CODE 3510-22-S