Availability of a Status Review of the Atlantic Salmon in the Gulf of Maine Distinct Population Segment

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 227

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

Availability of a Status Review of the Atlantic Salmon in the

Gulf of Maine Distinct Population Segment

AGENCIES: National Marine Fisheries Services, National Oceanic and

Atmospheric Administration, Commerce; Fish and Wildlife Service,

Interior.

ACTION: Notice of availability.

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SUMMARY: A Biological Review Team (Team), consisting of National Marine

Fisheries Service (NMFS) and U.S. Fish and Wildlife Service (FWS)

(Services) biologists, has completed a review of the status of Atlantic

salmon in the Gulf of Maine distinct population segment (DPS) (Review

of the Status of Anadromous Atlantic Salmon (Salmo salar) under the

U.S. Endangered Species Act, July, 1999).

DATES: You should request copies of the July, 1999, status review by

November 18, 1999.

ADDRESSES: Requests should be addressed to Mary Colligan, NMFS,

Protected Resources Division, One Blackburn Drive, Gloucester,

Massachusetts, 01930, or Paul Nickerson, FWS, 300 Westgate Center

Drive, Hadley, MA, 01035.

FOR FURTHER INFORMATION CONTACT: Mary Colligan, NMFS (978-281-9116) or

Paul Nickerson, FWS (413-253-8615) at the above addresses.

SUPPLEMENTARY INFORMATION: The Team has completed a review of the

biological status of Atlantic salmon in the Gulf of Maine DPS,

including an assessment of the adequacy of protective measures, the

extent of implementation of these measures, and the effect of these

measures on Atlantic salmon and their habitat. This status review is an

update to the 1995 Atlantic salmon status review and indicates that,

under current circumstances, it is the opinion of the Biological Review

Team that the Gulf of Maine DPS is in danger of extinction.

Availability of Documents

You may obtain copies of the July, 1999, status review from Mary

Colligan or Paul Nickerson (see ADDRESSES section).

Background Information

On December 18, 1997, the Services withdrew a proposed rule to list

a distinct population segment of Atlantic salmon in seven Maine rivers

as ``threatened'' under the Endangered Species Act of 1973, as amended

(Act) (62 FR 66325). In reaching this determination, the Services

considered the status of the Atlantic salmon in the seven Maine rivers.

This evaluation took into account the efforts made to protect the

species including the State of Maine Atlantic Salmon Conservation Plan

(Conservation Plan) for the Seven Rivers, private and Federal efforts

to restore the species, and international efforts to control ocean

harvest through the North Atlantic Salmon Conservation Organization.

The Services determined that these efforts substantially reduced

threats to the species; that the seven rivers DPS of Atlantic salmon

was not likely to become endangered in the foreseeable future; and

that, therefore, listing under the Act was not warranted. The

populations that constituted the seven rivers DPS were those in the

Dennys, East Machias, Machias, Pleasant, Narraguagus, Ducktrap, and

Sheepscot Rivers. However, the Services renamed the seven rivers DPS

the ``Gulf of Maine DPS'' in recognition of the possibility that

Atlantic salmon in other Maine rivers could be added to the DPS in the

future. The Services stated that Atlantic salmon populations in other

rivers would be added to the DPS if they were found to be naturally

reproducing and have historical river-specific characteristics. The

geographic area within which populations of Atlantic salmon would be

likely to meet the criteria for inclusion in the DPS was identified as

ranging from the lower tributaries of the Kennebec River north to, but

not including, the St. Croix River.

With the withdrawal of the proposed listing rule, the NMFS retained

the Gulf of Maine DPS of Atlantic salmon on its list of candidate

species, and the Services committed to maintaining oversight of the

species. Specifically, the Services stated in the withdrawal notice

that the process for listing the Gulf of Maine DPS would be reinitiated

if: (1) An emergency which poses a significant risk to the well-being

of the Gulf of Maine DPS is identified and not immediately and

adequately addressed; (2) the biological status of the Gulf of Maine

DPS is such that the DPS is in danger of extinction throughout all or a

significant portion of its range; or (3) the biological status of the

Gulf of Maine DPS is such that the DPS is likely to become endangered

in the foreseeable

[[Page 56298]]

future throughout all or a significant portion of its range. Further,

the withdrawal notice stated that the circumstances described under

(1), (2), and (3) could result from: insufficient progress in

implementation of the Conservation Plan; a failure to modify the

Conservation Plan to address new threat(s) or an increase in the

severity of threat(s); a failure to modify the Conservation Plan, if

necessary, to address threat(s) facing any other populations added to

the Gulf of Maine DPS in the future; or the inability of the State of

Maine to address threat(s). The notice stated that a decision to

reinitiate the listing process generally would be made shortly after

the end of an annual reporting period.

In the withdrawal notice, the Services committed to making the

State of Maine's annual report on the implementation of their

Conservation Plan available for review to the public in order to keep

interested parties informed and to provide an opportunity for comment.

The annual review of the Conservation Plan was part of the Services'

broader comprehensive review of the species' status relative to the

Act. On January 20, 1999, the first State of Maine annual report on

implementation of the Conservation Plan was made available for public

review and comment. The Services published a Federal Register notice on

that day, opening a comment period until March 8, 1999. The Services

reviewed all public comments received on the draft annual report and

provided a summary of those, along with their own comments, to the

State of Maine in March 1999. The Services received a final revised

annual report from the State of Maine on April 13, 1999.

The July, 1999, Atlantic salmon status review identifies changes in

species status, threats, and protection since the withdrawal notice.

The updated status review states that, under current circumstances, it

is the opinion of the Biological Review Team that the Gulf of Maine DPS

is in danger of extinction. The status review also states that there

are now at least eight rivers in the DPS range that still contain

functioning populations, but at substantially reduced abundance levels.

Recent survey work indicates that a naturally reproducing population

that contains historic-river-specific characteristics also remains in

Cove Brook and therefore warrants inclusion in the Gulf of Maine DPS.

The FWS has designated the Atlantic salmon Gulf of Maine DPS as a

candidate for listing. The FWS and NMFS will promptly begin preparation

of a proposed rule to list this DPS of Atlantic salmon under the

Endangered Species Act.

Dated: September 30, 1999.

Jamie Rappaport Clark,

Director, U.S. Fish and Wildlife Service.

Dated: October 6, 1999.

Penelope D. Dalton,

Assistant Administrator for Fisheries, National Marine Fisheries

Service.

[FR Doc. 99-27377 Filed 10-15-99; 4:24 pm]

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