Endangered and Threatened Species; Proposed Threatened Status for Southern Oregon and Northern California Steelhead

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[Docket No. 941084-4284; I.D. 080894C]

50 CFR Part 227

Endangered and Threatened Species; Proposed Threatened Status for

Southern Oregon and Northern California Steelhead

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

Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS is issuing a proposed rule to list natural steelhead

(Oncorhynchus mykiss) populations (progeny of naturally-spawning fish)

occurring between Cape Blanco, OR, and the Klamath River Basin, in

Oregon and California (inclusive; hereinafter referred to as the

Klamath Mountains Province) as threatened under the Endangered Species

Act of 1973 (ESA). NMFS has determined that Klamath Mountains Province

steelhead populations constitute a ``species'' as interpreted under the

ESA. Should the proposed listing be made final, protective regulations

under the ESA would be put into effect and a recovery program would be

implemented.

DATES: Comments must be received by May 15, 1995. Requests for a public

hearing must be received by May 1, 1995.

ADDRESSES: Comments on this proposed rule, requests for public

hearings, and requests for supporting documents should be sent to the

Environmental and Technical Services Division, NMFS, Northwest Region,

911 NE. 11th Avenue, Suite 620, Portland, OR 97232.

FOR FURTHER INFORMATION CONTACT: Garth Griffin, 503-230-5430; R. Craig

Wingert, 310-980-4021; or Marta Nammack, 301/713-2322.

SUPPLEMENTARY INFORMATION:

Petition Background

rule, requests for public

hearings, and requests for supporting documents should be sent to the

Environmental and Technical Services Division, NMFS, Northwest Region,

911 NE. 11th Avenue, Suite 620, Portland, OR 97232.

FOR FURTHER INFORMATION CONTACT: Garth Griffin, 503-230-5430; R. Craig

Wingert, 310-980-4021; or Marta Nammack, 301/713-2322.

SUPPLEMENTARY INFORMATION:

Petition Background

On May 5, 1992, NMFS received a petition from the Oregon Natural

Resources Council, the Siskiyou Regional Education Project, Federation

of Fly Fishers, Kalmiopsis Audubon Society, Siskiyou Audubon Society,

Klamath/Siskiyou Coalition, Headwaters, The Wilderness Society, North

Coast Environmental Center, The Sierra Club - Oregon Chapter, and the

National Wildlife Federation, to list indigenous, naturally-spawning

Illinois River winter steelhead (Oncorhynchus mykiss) and to designate

critical habitat under the ESA. After publishing a document that a

listing may be warranted (57 FR 33939, July 31, 1992), and soliciting

information about the status of this population, the NMFS Northwest

Fisheries Science Center Biological Review Team (BRT) completed a

status review (Busby et al. 1993) that was summarized in a May 20,

1993, publication (58 FR 29390). The BRT concluded that the Illinois

River winter steelhead did not represent a ``species'' under the ESA

(see 56 FR 58612, November 20, 1991), and therefore, a proposal to list

Illinois River winter steelhead under the ESA was not warranted.

However, NMFS recognized that this population was part of a larger

Evolutionarily Significant Unit ((ESU); see Consideration as a

``Species'' Under the ESA, below), whose extent had not yet been

determined, but whose status may warrant listing because of declining

trends in steelhead abundance in several southern Oregon streams

Illinois River winter steelhead under the ESA was not warranted.

However, NMFS recognized that this population was part of a larger

Evolutionarily Significant Unit ((ESU); see Consideration as a

``Species'' Under the ESA, below), whose extent had not yet been

determined, but whose status may warrant listing because of declining

trends in steelhead abundance in several southern Oregon streams. An

expanded status review was initiated (58 FR 29390, May 20, 1993) to

identify ESU(s) within California, Oregon, and Washington, and to

determine whether any identified ESU(s) warrant listing under the ESA.

NMFS received an additional petition to list Deer Creek summer

steelhead, and found that listing of this population may be warranted

(58 FR 68108, December 23, 1993). In response to a petition from the

Oregon Natural Resources Council and 15 co-petitioners, February 16,

1994, NMFS later announced that the status review of steelhead was

further expanded to include Idaho populations (59 FR 27527, May 27,

1994).

Biological Background

The BRT has completed biological evaluations associated with the

determination of the geographic boundaries of the ESU that includes the

Illinois River winter steelhead and whether the ESU warrants listing as

endangered or threatened under the ESA. The BRT has prepared an

administrative report detailing the conclusions of their status review

(Northwest Fisheries Science Center BRT 1994). A summary of this report

follows. A more complete discussion of the subject, including

additional references, will be available upon request in the near

future (see ADDRESSES).

The name steelhead refers to the anadromous form of the rainbow

trout. Recently, the scientific name for the biological species that

includes both steelhead and rainbow trout was changed from Salmo

gairdneri to Oncorhynchus mykiss. This change reflects a belief that

all trouts from western North America share a common lineage with

Pacific salmon

n request in the near

future (see ADDRESSES).

The name steelhead refers to the anadromous form of the rainbow

trout. Recently, the scientific name for the biological species that

includes both steelhead and rainbow trout was changed from Salmo

gairdneri to Oncorhynchus mykiss. This change reflects a belief that

all trouts from western North America share a common lineage with

Pacific salmon. The present endemic distribution of steelhead extends

from the Kamchatka Peninsula, Asia, east and south, along the Pacific

coast of North America, to Malibu Creek in southern California.

Steelhead exhibit a wide variety of life history strategies. In

general, steelhead migrate to the sea after spending 2 years in fresh

water and then spend 2 years in the ocean prior to returning to fresh

water to spawn. Variations of this pattern are common. Some spawners

survive and return to the ocean for 1 or more years between spawning

migrations. Some steelhead return to fresh water after only a few

months at sea and are termed ``half-pounders,'' having attained the

approximate size that inspired this term. Half-pounders generally spend

the winter in fresh water and then return to sea for several months

before returning to fresh water to spawn.

Steelhead exhibit several spawning migration strategies. ``Summer-

run steelhead'' enter fresh water between May and October, and begin

their spawning migration in a sexually immature state. After several

months in fresh water, summer steelhead mature and spawn. ``Winter-run

steelhead'' enter fresh water between November and April with well-

developed gonads. In drainages with populations of both summer- and

winter-run steelhead, there may or may not be temporal or spatial

separation of spawning.

Consideration as a ``Species'' Under the ESA

migration in a sexually immature state. After several

months in fresh water, summer steelhead mature and spawn. ``Winter-run

steelhead'' enter fresh water between November and April with well-

developed gonads. In drainages with populations of both summer- and

winter-run steelhead, there may or may not be temporal or spatial

separation of spawning.

Consideration as a ``Species'' Under the ESA

To qualify for listing as a threatened or endangered species, the

identified populations of steelhead must be a ``species'' under the

ESA. The ESA defines a ``species'' to include any ``distinct population

segment of any species of vertebrate . . . which interbreeds when

mature.'' NMFS published a policy (56 FR 58612, November 20, 1991)

describing how the agency will apply the ESA definition of ``species''

to Pacific salmonid species, including steelhead. This policy provides

that a salmonid population will be considered distinct, and hence a

species under the ESA, if it represents an ESU of the biological

species. The population must satisfy two criteria to be considered an

ESU: (1) It must be reproductively isolated from other conspecific

population units, and (2) it must represent an important component in

the evolutionary legacy of the biological species. The first criterion,

reproductive isolation, need not be absolute, but must be strong enough

to permit evolutionarily important differences to develop in different

population units. The second criterion would be met if the population

contributed substantially to the ecological/genetic diversity of the

species as a whole. Guidance on the application of this policy is

contained in ``Pacific Salmon (Oncorhynchus spp.) and the Definition of

Species under the Endangered Species Act,'' which is available upon

request (see ADDRESSES).

Reproductive Isolation

population units. The second criterion would be met if the population

contributed substantially to the ecological/genetic diversity of the

species as a whole. Guidance on the application of this policy is

contained in ``Pacific Salmon (Oncorhynchus spp.) and the Definition of

Species under the Endangered Species Act,'' which is available upon

request (see ADDRESSES).

Reproductive Isolation

For this criterion, NMFS considered available information on the

geographic extent and reproductive strategies (e.g., run timing) of the

ESU containing the Illinois River winter steelhead. In general,

steelhead are believed to have strong tendencies to home to their natal

streams, but there are few studies directly relevant to the area under

consideration. There is evidence that some adult steelhead move between

the Klamath, Rogue, and Smith Rivers. However, it is not clear whether

this wandering results in spawning within non-natal streams.

Available genetic information indicates that there is a genetic

discontinuity (or at least a transition) between steelhead from coastal

streams in southern and northern Oregon. Although the discontinuity/

transition appears to be in the vicinity of Cape Blanco, the resolution

of genetic sampling does not allow for precise definition of this

boundary.

Several genetic samples from northern California steelhead were

considered during this status review. Samples from the Klamath River

and the Trinity River (a tributary to the Klamath River) do not differ

substantially from steelhead populations to the north. However, there

are large genetic differences between samples from the Klamath River

Basin and those taken from rivers to the south. The differences between

steelhead from these two areas are stronger than those between southern

and northern Oregon steelhead populations

nd the Trinity River (a tributary to the Klamath River) do not differ

substantially from steelhead populations to the north. However, there

are large genetic differences between samples from the Klamath River

Basin and those taken from rivers to the south. The differences between

steelhead from these two areas are stronger than those between southern

and northern Oregon steelhead populations.

Within the area bounded by Cape Blanco and the Klamath River Basin,

there is evidence of genetic heterogeneity, suggesting a reasonable

degree of reproductive isolation between individual populations.

However, the genetic structuring has no clear geographic pattern that

would allow identification of major subgroups within this area.

In addition to summer- and winter-run steelhead, there are

populations sometimes referred to as fall-run steelhead in the Klamath

River Basin. Disagreement exists as to whether these fall-run steelhead

should be considered summer-run, winter-run, or a separate entity.

During this status review, NMFS considered fall-run steelhead from the

Klamath River Basin to be part of the summer run.

Because most summer-run steelhead populations in the Klamath

Mountains Province are substantially depressed and difficult to sample,

genetic studies during the expanded status review focused on winter-run

steelhead. However, other genetic studies that considered both winter

and summer steelhead from other areas have failed to find consistent

genetic differences between run-types within individual regions

(Allendorf 1975; Utter and Allendorf 1977; Chilcote et al. 1980;

Schreck et al. 1986; Reisenbichler and Phelps 1989; Reisenbichler et

al. 1992). Therefore, NMFS concludes that all runs of steelhead within

the Klamath Mountains Province should be considered part of the same

ESU.

Patterns of ocean migration of salmon and steelhead may reflect

reproductive isolation of spawning populations

ons

(Allendorf 1975; Utter and Allendorf 1977; Chilcote et al. 1980;

Schreck et al. 1986; Reisenbichler and Phelps 1989; Reisenbichler et

al. 1992). Therefore, NMFS concludes that all runs of steelhead within

the Klamath Mountains Province should be considered part of the same

ESU.

Patterns of ocean migration of salmon and steelhead may reflect

reproductive isolation of spawning populations. Chinook salmon

populations from south of Cape Blanco are generally considered south-

migrating (e.g., to ocean areas off southern Oregon and California),

whereas stocks from north of Cape Blanco are considered north-

migrating. Other studies suggest that coho salmon and steelhead from

south of Cape Blanco may not be highly migratory, remaining instead in

the highly productive oceanic waters off southern Oregon and northern

California (Pearcy et al. 1990; Pearcy 1992).

NMFS is not aware of any direct evidence about the relationship

between the anadromous and nonanadromous life history forms of O.

mykiss within the Klamath Mountains Province. Although it has been

reported that these two life history forms within a geographic area may

be more genetically similar to each other than either is to the same

form from outside the area, other studies have found evidence for

reproductive isolation between anadromous and nonanadromous O. mykiss.

NMFS' policy contained in ``Pacific Salmon and the Definition of

Species under the ESA'' states that anadromous and nonanadromous forms

should be considered separately if they are reproductively isolated.

Reproductive isolation, as previously noted, is a question of degree.

NMFS has determined that, until specific information regarding these

two life history forms within the Klamath Mountains Province becomes

available, nonanadromous fish will not be considered part of the ESU.

This determination may be reconsidered if information demonstrating

that the two forms share a common gene pool becomes available.

Ecological/Genetic Diversity

, is a question of degree.

NMFS has determined that, until specific information regarding these

two life history forms within the Klamath Mountains Province becomes

available, nonanadromous fish will not be considered part of the ESU.

This determination may be reconsidered if information demonstrating

that the two forms share a common gene pool becomes available.

Ecological/Genetic Diversity

Several types of physical and biological information were

considered during evaluation of the contribution of Klamath Mountains

Province steelhead to ecological/genetic diversity, including: (1)

Physical environment, (2) zoogeography, and (3) life history

characteristics. The Klamath Mountains Geological Province extends from

the vicinity of Cape Blanco in the north to the Klamath River Basin

(inclusive) in the south. Ecologically, the province includes areas

that are warmer and drier than coastal regions to the north and south;

interior valleys receive less precipitation than any other Pacific

Northwest location west of the Cascade Mountain Range. The nearshore

ocean environment in this region is strongly affected by seasonal

upwelling, which extends southward from Cape Blanco, with some local

variations as far south as 33 deg.N. lat.

Zoogeographic studies of freshwater fishes have consistently

identified differences in fish assemblages between the Rogue River

Basin and streams to the north. Also, similarities have been noted

between freshwater fish communities in the Klamath and Rogue River

basins. For marine fishes, Cape Mendocino in California has been

identified as an important southern limit of many northern species.

The occurrence of the half-pounder life history form of steelhead

appears to be restricted to southern Oregon and northern California,

identified in the Rogue, Klamath, Eel, and Mad rivers. It is likely

that expression of this life history strategy is due to a combination

of distinctive genetic and environmental factors.

ESU Determination

an important southern limit of many northern species.

The occurrence of the half-pounder life history form of steelhead

appears to be restricted to southern Oregon and northern California,

identified in the Rogue, Klamath, Eel, and Mad rivers. It is likely

that expression of this life history strategy is due to a combination

of distinctive genetic and environmental factors.

ESU Determination

Several lines of evidence suggest that Cape Blanco is the northern

boundary and the Klamath River Basin forms the southern boundary of the

ESU that contains the Illinois River winter steelhead. Genetic and

ocean distribution data suggest that there is substantial reproductive

isolation between steelhead populations from north and south of Cape

Blanco. Cape Blanco is also an approximate northern boundary for the

Klamath Mountains Province, an area of intense upwelling in the ocean,

the range of the half-pounder life history, and the Klamath-Rogue

freshwater zoogeographic zone. Although Cape Mendocino in California is

a natural landmark associated with changes in ocean currents, and also

represents the approximate southern limit of the half-pounder life

history, the Klamath River Basin forms the southern boundary of the

Klamath Mountains Province and the Klamath-Rogue freshwater fish

zoogeographic zone. Furthermore, genetic data show a sharp

discontinuity between steelhead populations from the Klamath River

Basin and those farther south. Based on available information, the BRT

concluded that the geographic range of the ESU containing the Illinois

River winter steelhead extends from the vicinity of Cape Blanco in

southern Oregon to the Klamath River Basin (inclusive) in northern

California (see Figure 1).

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River

Basin and those farther south. Based on available information, the BRT

concluded that the geographic range of the ESU containing the Illinois

River winter steelhead extends from the vicinity of Cape Blanco in

southern Oregon to the Klamath River Basin (inclusive) in northern

California (see Figure 1).

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Although diversity in run-timing is an important life history

characteristic of steelhead within this ESU, and this diversity may be

in part genetically based, there is little direct information about the

degree of reproductive isolation between identified runs within the

Klamath Mountains Province. Furthermore, previous genetic studies have

failed to find consistent genetic differences between run-types within

individual regions, and suggest that summer- and winter-run steelhead

are not independent, monophyletic groups over broad geographic regions.

Based on available evidence, the BRT concluded that all steelhead runs

(those termed summer-, fall-, and winter-run) within the identified

geographic boundaries should be considered together as one ESU, and

therefore a species, as defined under the ESA.

Status of the Klamath Mountains Province ESU

NMFS uses a number of factors that should be considered in

evaluating the level of risk faced by an ESU, including: (1) Absolute

numbers of fish and their spatial and temporal distribution, (2)

current abundance in relation to historical abundance and current

carrying capacity of the habitat, (3) trends in abundance, (4) natural

and human-influenced factors that cause variability in survival and

abundance, (5) possible threats to genetic integrity (e.g., from strays

or outplants from hatchery programs), and (6) recent events (e.g., a

drought or changes in harvest management) that have predictable short-

term consequences for abundance of the ESU.

During consideration of the ESU status, the BRT evaluated both

qualitative and quantitative information

t cause variability in survival and

abundance, (5) possible threats to genetic integrity (e.g., from strays

or outplants from hatchery programs), and (6) recent events (e.g., a

drought or changes in harvest management) that have predictable short-

term consequences for abundance of the ESU.

During consideration of the ESU status, the BRT evaluated both

qualitative and quantitative information. Recent qualitative analyses

of the status of steelhead stocks within the Klamath Mountains Province

have been conducted by agencies and conservation groups (Nehlsen et al.

1991; Nickelson et al. 1992; U.S. Forest Service 1993a,b; McEwan and

Jackson 1994). Most winter steelhead stocks in the region are

considered to be depressed and/or declining. Of the exceptions (those

from the Rogue, Winchuck, Smith, and subbasins of the Klamath and

Trinity Rivers), most are heavily influenced by hatchery production.

Only the Smith River appears to have healthy and largely natural

production of winter-run steelhead in this region. The best assessment

of any summer steelhead stock in this region is depressed, and most

were considered to be at moderate to high risk of extinction.

Quantitative evaluations included comparisons of current and

historic abundance of steelhead. Because historical abundance

information for the Klamath Mountains Province ESU is largely

anecdotal, coastwide abundance trends provide a larger perspective for

this review. Rough estimates of total coastwide steelhead abundance

made in 1972 and 1987 suggested significant declines (Sheppard 1972,

Light 1987). However, by all accounts, there has been significant

replacement of natural production with hatchery fish. Over a large

region (British Columbia, Washington, and Oregon), steelhead stocks

(both natural and hatchery) have exhibited recent decreases in survival

that may be due, in part, to climate and ocean production.

Historical abundance information for the Klamath Mountains Province

ESU is largely anecdotal

ccounts, there has been significant

replacement of natural production with hatchery fish. Over a large

region (British Columbia, Washington, and Oregon), steelhead stocks

(both natural and hatchery) have exhibited recent decreases in survival

that may be due, in part, to climate and ocean production.

Historical abundance information for the Klamath Mountains Province

ESU is largely anecdotal. Within this area, time-series data are

available for most populations only since 1970. The BRT compiled and

analyzed available information to provide summary statistics of

spawning abundance. Not all summary statistics were available for all

populations.

NMFS policy, as stated in ``Pacific Salmon and the Definition of

``Species'' under the ESA,'' focuses on viability of natural

populations, and notes that an ESU is not healthy unless a viable

population exists in the natural habitat. The BRT attempted to

distinguish between naturally produced fish and hatchery produced fish.

Total abundance (including hatchery populations) varies widely among

populations within the proposed ESU, with several populations having

run sizes of 10,000 or more fish. The heavily hatchery-influenced

summer-run steelhead population from the Klamath River may total

100,000 or more fish. At the other extreme, a number of populations

have less than 1,000 spawners per year.

Estimates of percent annual change in run size indicate that most

of the steelhead populations in the Klamath Mountains Province are in

significant decline, even with hatchery production included. The BRT

considered that this assessment may be influenced by the recent

coastwide decreases in steelhead survival (due to climate and ocean

conditions). However, excluding recent years from the trend analysis

did not substantially change overall conclusions for the stocks

considered here.

Natural steelhead production was roughly indexed using natural

return ratios

chery production included. The BRT

considered that this assessment may be influenced by the recent

coastwide decreases in steelhead survival (due to climate and ocean

conditions). However, excluding recent years from the trend analysis

did not substantially change overall conclusions for the stocks

considered here.

Natural steelhead production was roughly indexed using natural

return ratios. This index is an estimate of the ratio of naturally

produced spawners in one generation to total spawners (both hatchery

and naturally produced) in the previous generation. Natural production

of all winter-, summer-, and fall-run steelhead within the Klamath

Mountains Province appears to be below replacement for all populations

for which the BRT had sufficient quantitative information. Considering

the qualitative assessments, there is little reason to believe that

other populations are in better condition (with the exception of the

Smith River winter-run steelhead). Based on angler catch data, Illinois

River winter steelhead (the natural population in southern Oregon with

the least hatchery influence) have declined at an average rate of about

10 percent annually for the last 20 years. With this analysis, the BRT

was unable to demonstrate that any steelhead populations in the Klamath

Mountains Province are naturally self-sustaining.

Summary of Factors Affecting the Species

Section 2(a) of the ESA states that various species of fish,

wildlife, and plants in the United States have been rendered extinct as

a consequence of economic growth and development untempered by adequate

concern and conservation. Section 4(a)(1) of the ESA and the listing

regulations (50 CFR part 424) set forth procedures for listing species

aining.

Summary of Factors Affecting the Species

Section 2(a) of the ESA states that various species of fish,

wildlife, and plants in the United States have been rendered extinct as

a consequence of economic growth and development untempered by adequate

concern and conservation. Section 4(a)(1) of the ESA and the listing

regulations (50 CFR part 424) set forth procedures for listing species.

NMFS must determine, through the regulatory process, if a species is

endangered or threatened based upon any one or a combination of the

following factors: (1) The present or threatened destruction,

modification, or curtailment of its habitat or range; (2)

overutilization for commercial, recreational, scientific, or education

purposes; (3) disease or predation; (4) inadequacy of existing

regulatory mechanisms; or (5) other natural or human-made factors

affecting its continued existence.

A. The Present or Threatened Destruction, Modification, or Curtailment

of its Habitat or Range

Logging, mining, agricultural activities (e.g., livestock grazing),

and water withdrawals have likely contributed to the decline of

steelhead populations within the Klamath Mountains Province ESU.

Removal of trees within the riparian zone of streams in the Klamath

Mountains Province has resulted in increased summer water temperatures

and has eliminated the potential for trees to fall into streams. Large

woody material in streams can provide cover, shade, and create pools;

these habitat features are required by juvenile steelhead. Logging

activities, and the associated road networks, can result in soil

erosion and sedimentation of streams. Livestock grazing can eliminate

streamside vegetation and prevent riparian species from

growing to maturity, resulting in shallow, warm streams that are not

suitable for juvenile and adult steelhead. Water withdrawals reduce

stream flow, sometimes during critical periods, and can contribute to

high water temperature problems

networks, can result in soil

erosion and sedimentation of streams. Livestock grazing can eliminate

streamside vegetation and prevent riparian species from

growing to maturity, resulting in shallow, warm streams that are not

suitable for juvenile and adult steelhead. Water withdrawals reduce

stream flow, sometimes during critical periods, and can contribute to

high water temperature problems.

In the Klamath and Rogue River Basins, dams without fish passage

facilities have decreased the amount of habitat available for

steelhead, and may have contributed to the decrease in Klamath

Mountains Province steelhead populations. There are also fish passage

concerns regarding dams with inadequate fish passage facilities.

B. Overutilization for Commercial, Recreational, Scientific, or

Education Purposes

Klamath Mountains Province steelhead are not currently targeted for

commercial harvest, and scientific and educational programs have had

little or no impact on Klamath Mountains Province steelhead

populations. However, steelhead are popular gamefish throughout the

Pacific Northwest and, in some locations, recreational fishing may

contribute to the general decline of steelhead populations. Also,

poaching may pose an additional threat to some depressed populations of

adult steelhead. Summer-run steelhead are particularly susceptible to

poaching activity because of holding/resting behavior in deep pools.

C. Disease or Predation

Disease is not believed to be a major factor contributing to the

decline of steelhead populations in the Klamath Mountains Province.

Declines in some summer steelhead populations are reportedly due, in

part, to predation by marine mammals (Nehlsen et al. 1991).

D. Inadequacy of Existing Regulatory Mechanisms

activity because of holding/resting behavior in deep pools.

C. Disease or Predation

Disease is not believed to be a major factor contributing to the

decline of steelhead populations in the Klamath Mountains Province.

Declines in some summer steelhead populations are reportedly due, in

part, to predation by marine mammals (Nehlsen et al. 1991).

D. Inadequacy of Existing Regulatory Mechanisms

Early mechanisms regulating local mining and timber harvest

activities in the Klamath Mountains Province clearly were inadequate.

Early mining practices were particularly destructive in portions of the

Rogue and Trinity River (a tributary of the Klamath River) watersheds.

Although most of these particularly destructive mining and timber

harvest activities no longer occur, land management activities still

contribute to adverse habitat modifications.

The continued decline of Klamath Mountains Province steelhead

suggests that management plans and practices followed by the U.S.

Forest Service (USFS), Bureau of Land Management (BLM), Oregon

Department of Fish and Wildlife, and California Department of Fish and

Game have not provided adequate protection for this species. A Federal

interagency cooperative program, the Record of Decision for Amendments

to USFS and BLM Planning Documents Within the Range of the Spotted Owl

(the Forest Plan, April 1994), has recently been implemented to provide

a coordinated land management direction for the lands administered by

USFS and BLM within the range of the northern spotted owl, which

includes the Klamath Mountains Province. While the extent of protection

provided by the Forest Plan is not yet known, its region-wide

management direction will amend existing management plans, including

Forest Plans, Regional Guides, Timber Sale Plans, and Resource

Management Plans for lands within the range of the northern spotted

owl

BLM within the range of the northern spotted owl, which

includes the Klamath Mountains Province. While the extent of protection

provided by the Forest Plan is not yet known, its region-wide

management direction will amend existing management plans, including

Forest Plans, Regional Guides, Timber Sale Plans, and Resource

Management Plans for lands within the range of the northern spotted

owl. As part of the Forest Plan, implementation of the Aquatic

Conservation Strategy (ACS) may help reverse the trend of aquatic

ecosystem degradation and contribute toward fish habitat recovery.

Coordination between the Federal land management agencies and NMFS, the

Environmental Protection Agency, and the U.S. Fish and Wildlife Service

should ensure that the ACS objectives are achieved.

Steelhead are popular gamefish throughout the Pacific Northwest

and, in some locations, recreational fishing may contribute to the

general decline of Klamath Mountains Province steelhead populations.

Existing harvest regulations may not be adequate to protect a

substantial portion of the Klamath Mountains Province's juvenile and

adult steelhead populations from overutilization by recreational

anglers.

E. Other Natural or Manmade Factors Affecting its Continued Existence

Drought conditions may contribute to reduced Klamath Mountains

Province steelhead production. In general, drought conditions have

existed in southern Oregon since 1977.

Unusually warm ocean surface temperatures and associated changes in

coastal currents and upwelling, known as El Nino conditions, have

occurred in recent years and resulted in ecosystem alterations such as

reductions in primary and secondary productivity and changes in prey

and predator species distributions. Based on fish distribution, El Nino

conditions may affect individual salmonid populations differently

cean surface temperatures and associated changes in

coastal currents and upwelling, known as El Nino conditions, have

occurred in recent years and resulted in ecosystem alterations such as

reductions in primary and secondary productivity and changes in prey

and predator species distributions. Based on fish distribution, El Nino

conditions may affect individual salmonid populations differently. For

example, during El Nino conditions, chinook salmon stocks that rear in

ocean areas south of Vancouver Island generally survive at a lower rate

than chinook salmon stocks that inhabit northerly ocean areas (Johnson

1988). As there is some evidence that steelhead originating from south

of Cape Blanco rarely migrate north of Cape Blanco, Klamath Mountains

Province steelhead populations may be particularly susceptible to the

adverse affects of El Nino conditions.

Artificial propagation has, in some cases, impacted Klamath

Mountains Province steelhead populations. Potential problems associated

with hatchery programs include genetic impacts on indigenous wild

populations, difficulty in determination of wild run status due to

incomplete marking of hatchery releases, and replacement (rather than

supplementation) of wild stocks through continued annual introductions

of steelhead.

Proposed Determination

The ESA defines an endangered species as any species in danger of

extinction throughout all or a significant portion of its range, and a

threatened species as any species likely to become an endangered

species within the foreseeable future throughout all or a significant

portion of its range. Section 4(b)(1) of the ESA requires that the

listing determination be based solely on the best scientific and

commercial data available, after conducting a review of the status of

the species and after taking into account those efforts, if any, being

made to protect such species

o become an endangered

species within the foreseeable future throughout all or a significant

portion of its range. Section 4(b)(1) of the ESA requires that the

listing determination be based solely on the best scientific and

commercial data available, after conducting a review of the status of

the species and after taking into account those efforts, if any, being

made to protect such species.

Based on its assessment of the best scientific and commercial

information available, NMFS determines that all Klamath Mountains

Province steelhead populations (i.e., summer-, fall-, and winter-run)

constitute an ESU and, therefore, a ``species'' under the ESA.

Estimates of percent annual change in run size indicate that most of

the steelhead populations in the Klamath Mountains Province are in

significant decline. Although trends in abundance of most steelhead

populations within the ESU have been downward, absolute abundance of

steelhead in several streams within the proposed ESU remains fairly

high; thus the BRT concluded that the ESU as a whole cannot be

considered to be endangered at this time. However, available

information indicates that Klamath Mountains Province steelhead

populations are not self-sustaining. If present trends continue, there

is a significant probability that the ESU will become endangered.

Therefore, NMFS proposes to list all Klamath Mountains Province natural

steelhead (progeny of naturally-spawning fish) as threatened. Prior to

development of a final rule, NMFS will continue to consider the

status of steelhead populations within the Klamath

Mountains Province and determine which, if any, hatchery populations

are essential for recovery of listed steelhead.

Proposed Protective Regulations and Measures

o list all Klamath Mountains Province natural

steelhead (progeny of naturally-spawning fish) as threatened. Prior to

development of a final rule, NMFS will continue to consider the

status of steelhead populations within the Klamath

Mountains Province and determine which, if any, hatchery populations

are essential for recovery of listed steelhead.

Proposed Protective Regulations and Measures

In addition to the proposed listing, NMFS proposes to adopt

protective measures, pursuant to section 4(d) of the ESA, to prohibit,

with respect to Klamath Mountains Province natural steelhead, taking,

interstate commerce, import and export, and the other prohibitions

pursuant to section 9 of the ESA applicable to endangered species, with

the exceptions provided by section 10 of the ESA.

NMFS recognizes that protective regulations and recovery programs

for Klamath Mountains Province steelhead will need to be developed in

the context of conserving aquatic ecosystem health, and intends that

Federal lands and Federal activities bear as much of the burden as

possible for conserving listed populations. However, steelhead habitat

within this ESU occurs and can be affected by activities on state,

tribal and private land. Non-Federal landowners are encouraged to

assess the impacts of their actions on potentially threatened steelhead

and to participate in the formulation of watershed partnerships that

promote conservation in accordance with ecosystem principles. NMFS will

seek the advice and assistance of Federal and non-Federal

jurisdictions, including tribal and county governments, private

organizations and affected individuals in recovery plan development and

implementation.

NMFS will identify, to the extent known at the time of a final

rule, specific activities that will not be considered likely to result

in adverse impacts to listed Klamath Mountains Province steelhead

and assistance of Federal and non-Federal

jurisdictions, including tribal and county governments, private

organizations and affected individuals in recovery plan development and

implementation.

NMFS will identify, to the extent known at the time of a final

rule, specific activities that will not be considered likely to result

in adverse impacts to listed Klamath Mountains Province steelhead. NMFS

is soliciting recommendations as to what activities should be so

identified, as well as terms and conditions for specific types of land

or water use activities that would avoid adverse impacts to listed

steelhead. The activities, as modified by the recommended terms and

conditions, should promote the conservation of Klamath Mountains

Province steelhead.

Conservation measures provided to species listed as threatened or

endangered under the ESA included prohibitions on taking, recovery

actions, and Federal agency consultation requirements. Recognition

through listing promotes conservation actions by Federal and state

agencies and private groups and individuals.

Section 7(a)(4) of the ESA requires that Federal agencies confer

with NMFS on any actions likely to jeopardize the continued existence

of a species proposed for listing and on actions resulting in

destruction or adverse modification of proposed critical habitat.

``Conference'' is defined at 50 CFR 402.02 to mean ``a process which

involves informal discussions between a Federal agency and the Service

. . . regarding the impact of an action on proposed species or proposed

critical habitat and recommendations to minimize or avoid the adverse

effects.'' For listed species, section 7(a)(2) requires Federal

agencies to ensure that activities they authorize, fund, or conduct are

not likely to jeopardize the continued existence of a listed species or

to destroy or adversely modify its critical habitat

regarding the impact of an action on proposed species or proposed

critical habitat and recommendations to minimize or avoid the adverse

effects.'' For listed species, section 7(a)(2) requires Federal

agencies to ensure that activities they authorize, fund, or conduct are

not likely to jeopardize the continued existence of a listed species or

to destroy or adversely modify its critical habitat. If a Federal

action may adversely affect a listed species or its critical habitat,

the responsible Federal agency must enter into formal consultation with

NMFS. Non-Federal entities requesting the incidental take of listed

species must develop a conservation plan associated with their proposed

action. Prior to issuance of an incidental take permit, NMFS must

review the conservation plan and determine that the proposed action

will not appreciably reduce the likelihood of the survival and recovery

of the species in the wild (see 50 CFR 222.22).

Examples of Federal actions that may be affected by this proposal

include, but are not limited to, various Federal land management agency

activities (e.g., actions associated with timber harvest, mining, and

grazing), U.S. Army Corps of Engineers (COE) Clean Water Act section

404 permitting activities, Federal Energy Regulatory Commission

licenses for non-Federal development and operation of hydropower,

commercial fishery management under a regional fishery management

council, and hatchery operations authorized, carried out, or funded by

a Federal agency.

Measures that could be implemented to help protect and conserve the

species include, but are not limited to:

1. All water diversions could have adequate headgate and staff

gauge structures installed to control and monitor water usage

accurately. Water rights should be enforced to prevent irrigators from

exceeding the amount of water to which they are legally entitled.

2. All irrigation diversions affecting downstream migrating Klamath

Mountains Province steelhead could be screened

e not limited to:

1. All water diversions could have adequate headgate and staff

gauge structures installed to control and monitor water usage

accurately. Water rights should be enforced to prevent irrigators from

exceeding the amount of water to which they are legally entitled.

2. All irrigation diversions affecting downstream migrating Klamath

Mountains Province steelhead could be screened. A thorough review of

the impact of irrigation diversions on steelhead could be conducted.

3. Artificial propagation could be conducted in a manner minimizing

impacts upon native populations of steelhead.

4. Efforts could be made to ensure that adult passage facilities at

dams effectively pass migrating salmon upstream.

5. Evaluation of existing recreational harvest regulations could

identify any changes necessary in light of the Klamath Mountains

Province steelhead status.

Some or all of these measures, as well as other measures not

enumerated here, may be required to be undertaken through the section 7

consultation or section 10 permitting processes. NMFS will also

consider these and additional measures in developing a recovery plan

pursuant to section 4(f).

NMFS encourages non-Federal landowners to assess the impacts of

their actions on potentially threatened or endangered salmonids. In

particular, NMFS encourages the formulation of watershed partnerships

to promote conservation in accordance with ecosystem principles. These

partnerships will be successful only if all watershed stakeholders

(i.e., state, tribal, and local governments, landowner representatives,

and Federal and non-Federal biologists) participate and share the goal

of restoring steelhead to the watersheds. To assist with such efforts,

NMFS, the U.S. Fish and Wildlife Service and the U.S. Environmental

Protection Agency, with technical assistance from the Natural Resources

Conservation Service, have contracted a study to provide technical

guidance and training to agency staff

atives,

and Federal and non-Federal biologists) participate and share the goal

of restoring steelhead to the watersheds. To assist with such efforts,

NMFS, the U.S. Fish and Wildlife Service and the U.S. Environmental

Protection Agency, with technical assistance from the Natural Resources

Conservation Service, have contracted a study to provide technical

guidance and training to agency staff. This guidance is intended to

produce a technical foundation and informational support base for

fostering development of conservation plans pursuant to section 10 of

the ESA and cooperative agreements with the states of Washington,

Oregon, and California, pursuant to section 6 of the ESA. Furthermore,

NMFS intends to enlist non-Federal jurisdictions, including tribal and

county governments, private organizations and affected individuals, in

recovery plan development and implementation.

Critical Habitat

Section 4(a)(3)(A) of the ESA requires that, to the extent prudent

and determinable, critical habitat be designated concurrently with the

listing of a species. While NMFS has completed its analysis of the

biological status of Klamath Mountains Province steelhead, it has not

completed the analysis necessary for designating critical habitat.

Therefore, to avoid delaying this listing proposal, NMFS

will propose critical habitat in a separate rulemaking.

Public Comments Solicited

To ensure that the final action resulting from this proposal will

be as accurate and as effective as possible, NMFS is soliciting

comments and suggestions from the public, other concerned governmental

agencies, the scientific community, industry, and any other interested

parties (see DATES and ADDRESSES) regarding the stock composition and

abundance of all steelhead stocks within the Klamath Mountains

Province

final action resulting from this proposal will

be as accurate and as effective as possible, NMFS is soliciting

comments and suggestions from the public, other concerned governmental

agencies, the scientific community, industry, and any other interested

parties (see DATES and ADDRESSES) regarding the stock composition and

abundance of all steelhead stocks within the Klamath Mountains

Province. NMFS is also requesting information identifying specific

areas that qualify as critical habitat for Klamath Mountains Province

steelhead and the economic costs and benefits of additional

requirements of management measures likely to result from designating

critical habitat. Information about the relationship between existing

hatchery populations and natural populations within the ESU, and the

relationship between anadromous and nonanadromous populations of O.

mykiss within the ESU, is also of great interest.

NMFS is also requesting suggestions for specific regulations under

section 4(d) of the ESA that could apply to Klamath Mountains Province

steelhead. Suggested regulations should address activities, plans, or

guidelines that, despite their potential to result in the incidental

take of listed fish, will ultimately promote the conservation of this

ESU.

NMFS will review all public comments and any additional information

regarding the status of the proposed ESU, and, as required under the

ESA, intends to complete a final rule within one year of this proposed

rule. The availability of new information may cause NMFS to re-assess

the status of this ESU. The final decision on this proposal will take

into consideration the comments and any additional information received

by NMFS, and may differ from this proposed rule.

Classification

of the proposed ESU, and, as required under the

ESA, intends to complete a final rule within one year of this proposed

rule. The availability of new information may cause NMFS to re-assess

the status of this ESU. The final decision on this proposal will take

into consideration the comments and any additional information received

by NMFS, and may differ from this proposed rule.

Classification

The 1982 amendments to the ESA, in section 4(b)(1)(A), restrict the

information that may be considered when assessing species for listing.

Based on this limitation of criteria for a listing decision and the

opinion in Pacific Legal Foundation v. Andrus, 675 F. 2d 825 (6th Cir.,

1981), NMFS has categorically excluded all ESA listing actions from

environmental assessment requirements of National Environmental Policy

Act (48 FR 4413, February 6, 1984).

This proposed rule is exempt from review under E.O. 12866.

References

Allendorf, F.W. 1975. Genetic Variability in a Species Possessing

Extensive Gene Duplication: Genetic Interpretation of Duplicate Loci

and Examination of Genetic Variation in Populations of Rainbow Trout.

Ph.D. Dissertation, Univ. Washington, Seattle, 98 p.

Busby, P.J., O.W. Johnson, T.C. Wainwright, F.W. Waknitz, and R.S.

Waples. 1993. Status Review for Oregon's Illinois River Winter

Steelhead. NOAA Technical Memorandum. NMFS-NWFSC-10.

Chilcote, M. N., B. A. Crawford, and S. A. Leider. 1980. A Genetic

Comparison of Sympatric Populations of Summer and Winter Steelheads.

Trans. Am. Fish. Soc. 109:203-208.

Johnson, S.L. 1988. The Effects of the 1983 El Nino on Oregon's

Coho (Oncorhynchus kisutch), and Chinook (Oncorhynchus tshawytscha)

Salmon. Fisheries Research. 6:105-123.

Light, J.T. 1987. Coastwide Abundance of North American Steelhead

Trout. (Document Submitted to the Annual Meeting of the INPFC, 1987.)

Fisheries Research Institute Report FRI-UW-8710. Univ. Washington,

Seattle, WA. 18 p.

McEwan, D., and Jackson, T. A. 1994. Steelhead Management Plan for

California

nchus kisutch), and Chinook (Oncorhynchus tshawytscha)

Salmon. Fisheries Research. 6:105-123.

Light, J.T. 1987. Coastwide Abundance of North American Steelhead

Trout. (Document Submitted to the Annual Meeting of the INPFC, 1987.)

Fisheries Research Institute Report FRI-UW-8710. Univ. Washington,

Seattle, WA. 18 p.

McEwan, D., and Jackson, T. A. 1994. Steelhead Management Plan for

California. California Department Fish and Game. (Available

Environmental and Technical Services Division, NMFS, 911 N.E. 11th

Ave., Room 620, Portland, OR 97232.)

Nehlsen, W., J.E. Williams, and J.A. Lichatowich. 1991. Pacific

Salmon at the Crossroads: Stocks at Risk from California, Oregon,

Idaho, and Washington. Fisheries 16(2):4-21.

Nickelson, T.E., J.W. Nicholas, A.M. McGie, R.B. Lindsay, D.L.

Bottom, R.J. Kaiser, and S.E. Jacobs. 1992. Status of Anadromous

Salmonids in Oregon Coastal Basins. Unpubl. manuscr., 83 p., Research

and Development Section, Oregon Department of Fish and Wildlife (ODFW),

Corvallis, and Ocean Salmon Management, ODFW, Newport, OR.

Northwest Fisheries Science Center Biological Review Team (BRT).

1994. May 2 Administrative Report: Conclusions of the Northwest Science

Center's Status Review of Southern Oregon/Northern California

Steelhead. 13 p.

Pearcy, W.G. 1992. Ocean Ecology of North Pacific Salmonids.

University of Washington Press, Seattle, WA. 179 p.

Pearcy, W.G., R.D. Brodeur, and J.P. Fisher. 1990. Distribution and

Biology of Juvenile Cutthroat Trout Oncorhynchus clarki clarki and

Steelhead O. mykiss in Coastal Waters of Oregon and Washington. Fish.

Bull., U.S. 88(4):697-711.

Reisenbichler, R.R., J.D. McIntyre, M.F. Solazzi, and S.W. Landino.

1992. Genetic Variation in Steelhead of Oregon and Northern California.

Trans. Am. Fish. Soc. 121:158-169.

Reisenbichler, R.R., and S.R. Phelps. 1989. Genetic Variation in

Steelhead (Salmo gairdneri) from the North Coast of Washington. Can. J.

Fish. Aquat. Sci. 46:66-73.

Schreck, C.B., H.W. Li, R.C. Hjort, and C.S. Sharpe. 1986

senbichler, R.R., J.D. McIntyre, M.F. Solazzi, and S.W. Landino.

1992. Genetic Variation in Steelhead of Oregon and Northern California.

Trans. Am. Fish. Soc. 121:158-169.

Reisenbichler, R.R., and S.R. Phelps. 1989. Genetic Variation in

Steelhead (Salmo gairdneri) from the North Coast of Washington. Can. J.

Fish. Aquat. Sci. 46:66-73.

Schreck, C.B., H.W. Li, R.C. Hjort, and C.S. Sharpe. 1986. Stock

Identification of Columbia River Chinook Salmon and Steelhead Trout.

Final Report to Bonneville Power Administration, Contract DE-A179-

83BP13499, Project 83-451, 184 p. (Available Bonneville Power

Administration, P.O. Box 351, Portland, OR 97208.)

Sheppard, D. 1972. The Present Status of the Steelhead Trout Stocks

Along the Pacific Coast. In D.H. Rosenberg (editor), A Review of the

Oceanography and Renewable Resources of the Northern Gulf of Alaska, p.

519-556. IMS Report R72-23, Sea Grant Report 73-3. Institute of Marine

Science, University of Alaska, Fairbanks, AK.

United States Forest Service, U.S. Department of Agriculture

(USFS). 1993a. Letter to ESA Administrative Record for coastal

steelhead from Hugh Black. Letter Dated July 19, 1993, 2 p. and

Enclosures. (Available Environmental and Technical Services Division,

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

United States Forest Service, U.S. Department of Agriculture

(USFS). 1993b. Letter to ESA Administrative Record for Coastal

Steelhead from Hugh Black. Letter Dated August 4, 1993, 2 p. and

Enclosures. (Available Environmental and Technical Services Division,

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

Utter, F.M., and F.W. Allendorf. 1977. Determination of the

Breeding Structure of Steelhead Populations through Gene Frequency

Analysis. In T.J. Hassler and R.R. VanKirk (editors), Proceedings of

the Genetic Implications of Steelhead Management Symposium, May 20-21,

1977, Arcata, CA, p. 44-54. Special Report 77-1. Calif. Coop. Fish.

Res. Unit.

List of Subjects in 50 CFR Part 227