Listing Endangered and Threatened Species and Designating Critical Habitat: Initiation of Status Reviews for Pink Salmon, Chum Salmon, Sockeye Salmon, Chinook Salmon, and Sea-Run Cutthroat Trout Populations in Washington, Oregon, Idaho, and California

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 227

[I.D. 081694D]

Listing Endangered and Threatened Species and Designating

Critical Habitat: Initiation of Status Reviews for Pink Salmon, Chum

Salmon, Sockeye Salmon, Chinook Salmon, and Sea-Run Cutthroat Trout

Populations in Washington, Oregon, Idaho, and California

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of finding; initiation of status reviews; request for

comments.

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SUMMARY: NMFS has received three petitions to list several populations

of salmon comprising four biological species of Pacific salmon

(Oncorhynchus spp.) from Puget Sound and the Olympic Peninsula, WA, and

to designate critical habitat under the Endangered Species Act of 1973

(ESA). In accordance with section 4 of the ESA, NMFS finds that the

petitions present substantial scientific information indicating that

listings may be warranted. Therefore, NMFS is initiating a status

review on these stocks to determine if listing is warranted. Moreover,

NMFS is initiating comprehensive status reviews for populations of

Pacific salmon and anadromous trout not presently undergoing status

reviews in Washington, Oregon, Idaho, and California. Comprehensive,

coastwide status reviews are already underway for coho salmon (O.

kisutch) and steelhead (O. mykiss). Species for which comprehensive,

coastwide status reviews will be initiated are: Pink salmon (O.

gorbuscha), chum salmon (O. keta), sockeye salmon (O. nerka), chinook

salmon (O. tshawytscha), and sea-run cutthroat trout (O. clarki

clarki). To ensure that these status reviews are complete, NMFS is

soliciting information and data regarding the petitioned stocks as well

as the five species in Washington, Oregon, Idaho, and California.

DATES: Comments and information must be received by November 14, 1994.

ADDRESSES: Copies of the petitions are available from, and comments

should be submitted to, Environmental and Technical Services Division,

NMFS, 911 NE 11th Avenue, Room 620, Portland, OR 97232.

FOR FURTHER INFORMATION CONTACT: Garth Griffin, NMFS, Northwest Region,

(503) 230-5430; Jim Lecky, NMFS, Southwest Region, (310) 980-4015; or

Marta Nammack, NMFS, Office of Protected Resources, (301) 713-2322.

SUPPLEMENTARY INFORMATION:

Background

Section 4 of the ESA allows interested persons to petition the

Secretary of the Interior or the Secretary of Commerce (Secretary) to

add a species to or remove a species from the List of Endangered and

Threatened Wildlife and to designate critical habitat. Section

4(b)(3)(A) of the ESA requires that to the maximum extent practicable,

within 90 days after receiving such a petition, the Secretary makes a

finding whether the petition presents substantial scientific or

commercial information indicating that the petitioned action may be

warranted.

Petitions Received

On March 14, 1994, the Secretary received a petition from the

Professional Resource Organization--Salmon (PRO-Salmon petition) to

list nine populations of salmon comprising four biological species from

Puget Sound and the Olympic Peninsula, WA, and to designate critical

habitat under the ESA. The nine populations are identified as

indigenous, naturally spawning populations of (1) Hood Canal summer

chum salmon, (2) Elwha River pink salmon, (3) Lower Dungeness River

pink salmon, (4) North Fork Nooksack River spring chinook salmon, (5)

South Fork Nooksack River spring chinook salmon, (6) Dungeness River

spring chinook salmon, (7) Baker River sockeye salmon, (8) Discovery

Bay chum salmon, and (9) White River spring chinook salmon.

Subsequently, the Secretary received two additional petitions to list

populations of chum salmon in Mud Bay/Eld Inlet and in Hood Canal, WA,

from the Save Allison Springs Citizens' Committee (April 4, 1994) and

Trout Unlimited (May 23, 1994), respectively.

The Assistant Administrator for Fisheries, NOAA, makes a finding

that the petition presents substantial scientific information

indicating that the petitioned action may be warranted based on the

criteria specified in 50 CFR 424.14(b)(2), and based on evidence

presented in the petition that the petitioned populations may qualify

as ``species'' under the ESA in accordance with NMFS' ``Policy on

Applying the Definition of Species under the Endangered Species Act to

Pacific Salmon'' (56 FR 58612, November 20, 1991). Under section

4(b)(3)(A) of the ESA, this finding requires that a review of the

status of the petitioned stocks be conducted to determine if the action

is warranted.

Systematic Approach for Comprehensive Status Reviews

During the past 15 months, NMFS has received nine petitions

requesting ESA protection for various population segments of all seven

species of Oncorhynchus found in North America. NMFS has determined

that all of these petitions, including those for the 10 Puget Sound

populations covered by this document, present substantial scientific

information indicating that listings may be warranted. However, there

are also indications that declines in abundance (and local extinctions)

of Pacific salmon and anadromous trout have occurred over broad

geographic areas (e.g., Nehlsen et al. 1991). Furthermore, experience

gained from Pacific salmon status reviews conducted by NMFS during the

past 3 years has made it clear that determining the geographic

boundaries and biological status of distinct population segments

generally requires assessing populations and habitats occurring outside

the range covered by specific petitions. For this reason, NMFS has

initiated comprehensive, coastwide status reviews for two species--

steelhead (58 FR 29390, May 20, 1993; 59 FR 27527, May 27, 1994) and

coho salmon (58 FR 57770, October 27, 1993) in order to more accurately

and efficiently determine the geographic boundaries and status of

distinct population segments.

NMFS believes it is now prudent to initiate comprehensive status

reviews for the remaining species of Pacific salmon and anadromous

trout in Washington, Oregon, Idaho, and California. These comprehensive

reviews will allow NMFS to conduct a more thorough assessment of the

ecological and genetic diversity of west coast salmon populations, and

to identify the geographic extent and biological status of populations

representing substantial components of the overall diversity of the

biological species. This systematic evaluation will allow NMFS to

accomplish the major goal of the ESA--to conserve the diversity of

these species and the ecosystems they inhabit.

Proposed Timeline To Complete Comprehensive Status Reviews

NMFS proposes to complete comprehensive species status reviews and

publish its determination whether or not to list the species according

to the following schedule:

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Proposed

Species completion date

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Coho Salmon......................................... October 20, 1994.

Steelhead........................................... February 16, 1995.

Pink Salmon......................................... June 1, 1995.

Chum Salmon......................................... July 15, 1995.

Sockeye Salmon...................................... September 1, 1995.

Chinook Salmon...................................... December 15, 1995.

Sea-run Cutthroat Trout............................. April 1, 1996.

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In order for NMFS to concentrate efforts towards completion of

comprehensive status reviews by the above dates, 1-year findings for

the individual petitoned stocks, due in March, April, and May, 1995,

may be delayed. However, NMFS will complete status reviews for the

species identified in the above petitions as soon as possible and will

thereafter promptly propose listings for any species that are found to

warrant protection under the ESA. While findings on petitioned Puget

Sound stocks could be delayed, NMFS believes that the comprehensive

approach will provide a more thorough and accurate assessment of the

status and risks to anadromous salmonids throughout their ranges in

California, Washington, Oregon, and Idaho.

NMFS has elected to complete the status review for sea-run

cutthroat trout last because existing scientific information regarding

this species' life history and population status is extremely scarce.

NMFS anticipates that valuable information for assessing the health of

this species will be forthcoming from studies being conducted by the

United States Forest Service and Oregon State University. However, due

to the broad geographic scope of these studies (Alaska to northern

California), it will probably be at least 1 year before information is

compiled and evaluated in a manner that will facilitate NMFS' ESA

determinations.

Listing Factors and Basis for Determination

Under section 4(a)(1) of the ESA, a species can be determined to be

endangered or threatened for any of the following reasons: (1) 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) inadequacy of

existing regulatory mechanisms; or (5) other natural or manmade factors

affecting its continued existence. Listing determinations are made

solely on the best scientific and commercial data available.

Biological Information Solicited

To ensure that the review is complete and is based on the best

available scientific and commercial data, NMFS is soliciting

information and comments concerning (1) whether or not any stock

qualifies as a ``species'' under the ESA in accordance with NMFS'

policy (56 FR 58612, November 20, 1991), and (2) whether or not any

stock is endangered or threatened based on the above listing criteria.

Specifically, NMFS is soliciting information on the petitioned stocks.

In general, NMFS is soliciting information on pink, chum, sockeye, and

chinook salmon and sea-run cutthroat trout in the following areas:

Physical and biological features of freshwater habitat; life history

patterns of juvenile and adult fish, including age structure and

migration patterns; meristic, morphometric, and genetic studies;

disease epizootiology; population abundance and trends in abundance

over time; influence of historical and present hatchery fish releases

on naturally spawning stocks; and separation of hatchery and natural

salmon/trout escapement.

To facilitate the compilation of existing information, NMFS will

expand its Pacific Salmon Biological Technical Committees' (PSBTC)

meetings in Washington, Oregon, Idaho, and California to include

discussions of all species of Pacific salmon and anadromous trout. The

PSBTCs will provide NMFS with access to experts having a working

knowledge of salmonid populations and will ensure that an accurate and

complete administrative record is developed for each species. All

meetings will be open to the public; interested parties should contact

NMFS (see ADDRESSES) for information regarding locations and times of

upcoming PSBTC meetings.

As noted above, the determination to list a species is based solely

on the basis of the best available scientific and commercial

information regarding a species' status without reference to possible

economic or other impacts of such a determination (50 CFR 424.11(b)).

Due to the broad scope of the species status reviews identified in this

action, NMFS will attempt to consider information submitted after the

comment period (see DATES). However, information must be received no

later than 60 days before the proposed scheduled completion date

(except for coho salmon) given in this document to allow NMFS

sufficient time to review the material.

Critical Habitat

NMFS is also requesting information on areas that may qualify as

critical habitat for all stocks of pink, chum, sockeye, and chinook

salmon and sea-run cutthroat trout in Washington, Oregon, Idaho, and

California. Areas that include the physical and biological features

essential to the recovery of the species should be identified. Areas

outside the present distribution should also be identified if such

areas are essential to the recovery of the species. Essential features

should include, but are not limited to: (1) Space for individual and

population growth, and for normal behavior; (2) food, water, air,

light, minerals, or other nutritional or physiological requirements;

(3) cover or shelter; (4) sites for breeding, reproduction, rearing of

offspring; and generally, (5) habitats that are protected from

disturbance or are representative of the historic geographical and

ecological distributions of the species.

For areas potentially qualifying as critical habitat, NMFS is

requesting information describing (1) the activities that affect the

area or could be affected by the designation, and (2) the economic

costs and benefits of additional requirements of management measures

likely to result from the designation.

The economic cost to be considered in the critical habitat

designations under the ESA is the probable economic impact of the

[critical habitat] designation upon proposed or ongoing activities (50

CFR 424.19). NMFS must consider the incremental costs specifically

resulting from a critical habitat designation that are above the

economic effects attributable to listing the species. Economic effects

attributable to listing include actions resulting from section 7

consultations under the ESA to avoid jeopardy to the species and from

the taking prohibitions under section 9 of the ESA. Comments concerning

economic impacts should distinguish the costs of listing from the

incremental costs that can be directly attributed to the designation of

specific areas as critical habitat.

Data, information, and comments should include: (1) Supporting

documentation such as maps, bibliographic references, or reprints of

pertinent publications; and (2) the commentor's name, address, and

association, institution, or business.

References

Nehlsen et al., 1991. Pacific salmon at the crossroads: stocks

at risk from California, Oregon, Idaho, and Washington. Fisheries

16(2):4-21.

Dated: September 6, 1994.

Herbert W. Kaufman,

Deputy Director, Office of Protected Resources, National Marine

Fisheries Service.

[FR Doc. 94-22481 Filed 9-9-94; 8:45 am]

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