Listing Endangered and Threatened Species and Designating Critical Habitat: Petition To List Chinook Salmon Throughout its Range in California, Oregon, Washington, and Idaho

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 227

[I.D. 042795A]

Listing Endangered and Threatened Species and Designating

Critical Habitat: Petition To List Chinook Salmon Throughout its Range

in California, Oregon, Washington, and Idaho

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

Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of petition finding; request for information.

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SUMMARY: NMFS has received a petition to list chinook salmon

(Oncorhynchus tshawytscha) throughout its range in California, Oregon,

Washington, and Idaho, and to designate critical habitat under the

Endangered Species Act of 1973 (ESA). The petition presents substantial

scientific information indicating that the request for listing may be

warranted. Therefore, NMFS is initiating a status review to determine

if the petitioned action is warranted. To ensure that the review is

comprehensive, NMFS is soliciting information and data regarding this

action. Information received during the comment period for this status

review will be used in NMFS' ongoing review of West Coast chinook

salmon populations.

DATES: Comments and information must be received by August 7, 1995.

ADDRESSES: Requests for copies of the petition and comments regarding

the species populations in Washington, Oregon, and Idaho should be

submitted to Dr. Jacqueline Wyland, Chief, Environmental and Technical

Services Division, NMFS, 525 NE Oregon Street, Suite 500, Portland, OR

97232. Comments regarding species populations in California should be

submitted to James H. Lecky, Chief, Protected Species Management

Division, NMFS, Southwest Region, 501 W. Ocean Blvd., Suite 4200, Long

Beach, CA 90802-4213.

FOR FURTHER INFORMATION CONTACT: Garth Griffin, 503-231-2005; Craig

Wingert, 310-980-4021; or Marta Nammack, 301-713-1401.

SUPPLEMENTARY INFORMATION:

Background

Section 4 of the ESA contains provisions allowing 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 make a finding whether the petition presents substantial

scientific or commercial information indicating that the petitioned

action may be warranted.

Petition Received

On February 1, 1995, the Secretary received a petition from the

Oregon Natural Resources Council (ONRC) and Richard K. Nawa to list

chinook salmon throughout its range in California, Oregon, Washington,

and Idaho, and to designate critical habitat under the ESA. The

Assistant Administrator for Fisheries, NOAA (AA), makes a finding that

the petition presents substantial scientific information indicating

that a listing 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 chinook salmon populations in

California, Oregon, [[Page 30264]] Washington, and Idaho be conducted

to determine if the petitioned action is warranted. Information

received during this status review will be used in NMFS' ongoing review

of West Coast chinook salmon populations (59 FR 46808, September 12,

1994).

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. In addition, under section 4(b)(7)

of the ESA, the Secretary may at any time issue an emergency regulation

if there exists a significant risk to the well-being of the species. In

such a case, the Secretary must publish a Federal Register notice

detailing the reasons for an emergency listing. Listing determinations

are made solely on the best scientific and commercial data available.

Information Solicited

To ensure that the chinook salmon status 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 the

populations qualify as ``species'' under the ESA in accordance with

NMFS' Policy on Applying the Definition of Species Under the Endangered

Species Act (56 FR 58612, November 20, 1991); and (2) whether or not

the populations are endangered or threatened based on the above listing

criteria. Specifically, NMFS is soliciting information in the following

areas: Influence of historical and present hatchery fish releases on

naturally spawning populations of chinook salmon, separation of

hatchery and natural chinook salmon escapement, alteration of chinook

salmon freshwater and marine habitats, disease epizootiology of chinook

salmon, age structure of chinook salmon populations, migration timing

and behavior of juvenile and adult chinook salmon, and interactions of

chinook salmon with other salmonids. This information should address

all chinook salmon populations in California, Oregon, Washington, and

Idaho. NMFS is also soliciting information regarding factors which have

contributed to the decline of west coast chinook salmon populations,

and any efforts being made to protect this species. In conducting this

status review, NMFS will consider information received in response to a

very similar request for information published in the Federal Register

(59 FR 46808, September 12, 1994) in conjunction with NMFS' decision to

conduct a review of West Coast chinook salmon populations.

Consequently, it is not necessary for parties to submit the same

information for this request. Copies of the petition are available (see

ADDRESSES).

Critical Habitat

NMFS is also requesting information on areas that may qualify as

critical habitat for California, Oregon, Washington, and Idaho

populations of chinook salmon. Areas that include the physical and

biological features essential to the recovery of the species should be

identified. Areas outside the present range 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 reproduction and

rearing of offspring; and (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

designation 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 person's name, address, and

association, institution, or business.

Dated: June 2, 1995.

William W. Fox, Jr.,

Director, Office of Protected Resources, National Marine Fisheries

Service.

[FR Doc. 95-13965 Filed 6-7-95; 8:45 am]

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