Endangered and Threatened Wildlife and Plants; Withdrawal of Proposed Rule to List a Distinct Population Segment of Atlantic Salmon (Salmo Salar) as Threatened

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 227 and 425

[I.D. 950214048-7291-03]

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Parts 17 and 425

RIN 1018-AD12

Endangered and Threatened Wildlife and Plants; Withdrawal of

Proposed Rule to List a Distinct Population Segment of Atlantic Salmon

(Salmo Salar) as Threatened

AGENCY: National Marine Fisheries Service, National Oceanic and

Atmospheric Administration, Commerce and Fish and Wildlife Service,

Interior.

ACTION: Proposed rule; withdrawal.

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SUMMARY: The National Marine Fisheries Service (NMFS) and the U.S. Fish

and Wildlife Service (FWS), collectively the Services, withdraw the

September 29, 1995, proposed rule (60 FR 50530) to list a distinct

population segment (DPS) of Atlantic salmon (Salmo salar) in seven

Maine rivers as threatened under the Endangered Species Act (Act) of

1973, as amended (16 U.S.C. 1531 et seq.). This decision is based on an

evaluation of the best scientific data available and consideration of

ongoing and planned actions by State and Federal agencies and private

entities including the development by the State of Maine of the

Atlantic Salmon Conservation Plan for Seven Maine Rivers (Conservation

Plan).

ADDRESSES: National Marine Fisheries Service, Northeast Region,

Protected Resources Division, One Blackburn Drive, Gloucester, MA

01930; U.S. Fish and Wildlife Service, Region 5, Endangered Species

Division, 300 Westgate Center Drive, Hadley, MA 01035.

FOR FURTHER INFORMATION CONTACT: Mary Colligan (NMFS) at 978/281-9116

or Paul Nickerson (FWS) at 413/253-8615.

SUPPLEMENTARY INFORMATION:

Background

Information on the life history, distribution and abundance of U.S.

Atlantic salmon can be found in the proposed rule published in the

Federal Register on September 29, 1995 (60 FR 50530).

Previous Federal Action

nter Drive, Hadley, MA 01035.

FOR FURTHER INFORMATION CONTACT: Mary Colligan (NMFS) at 978/281-9116

or Paul Nickerson (FWS) at 413/253-8615.

SUPPLEMENTARY INFORMATION:

Background

Information on the life history, distribution and abundance of U.S.

Atlantic salmon can be found in the proposed rule published in the

Federal Register on September 29, 1995 (60 FR 50530).

Previous Federal Action

Atlantic salmon populations in the Dennys, Machias, East Machias,

Narraguagus, and Pleasant rivers were designated as category 2

candidate species by the FWS on November 21, 1991 (56 FR 58804).

Category 2 candidates, a designation discontinued in a Notice of Review

published by the FWS on February 28, 1996 (61 FR 7596), were taxa for

which information in possession of the FWS indicated that proposing to

list as endangered or threatened was possibly appropriate but for which

conclusive data on biological vulnerability and threats were not

currently available. On October 1, 1993, the Services received a

petition from RESTORE: The North Woods, the Biodiversity Legal

Foundation, and Jeffrey Elliott to list anadromous Atlantic salmon

throughout its known historical range in the United States. The

Services published a notice of their 90-day finding on January 20, 1994

(59 FR 3067), stating that the petition presented substantial

information indicating that the requested action may be warranted. A

biological review team conducted a status review and prepared a draft

report entitled ``Status Review for Anadromous Atlantic Salmon in the

United States, January 1995'' (Status Review) (FWS and NMFS 1995). On

March 17, 1995, the Services published a notice of their 12-month

finding (60 FR 14410) stating that available biological evidence

indicated that the species described in the petition did not meet the

definition of a ``species'' under the Act

red a draft

report entitled ``Status Review for Anadromous Atlantic Salmon in the

United States, January 1995'' (Status Review) (FWS and NMFS 1995). On

March 17, 1995, the Services published a notice of their 12-month

finding (60 FR 14410) stating that available biological evidence

indicated that the species described in the petition did not meet the

definition of a ``species'' under the Act. Consequently, the Services

concluded that the petitioned action to list Atlantic salmon throughout

its historical range within the United States was not warranted.

However, the Services did find that sufficient information was

available to support a listing action for a DPS comprised of seven

river populations of Atlantic salmon in Maine (the seven rivers DPS)

and stated that preparation of a proposed rule to list this DPS had

begun.

On September 29, 1995, the Services published a proposed rule to

list the seven rivers DPS of Atlantic salmon as threatened (60 FR

50530) (hereafter referred to as ``the proposed rule''). Pursuant to

section 4(d) of the Act, the proposed rule (60 FR 50530) offered the

State of Maine an opportunity to develop a Conservation Plan to retain

the lead for the species' recovery. The Services reopened their comment

period on the proposed rule (60 FR 50530) on August 27, 1996 (61 FR

44032), to announce three public hearings which were held in Maine in

September of that

year. The State prepared and circulated a draft Conservation Plan and

sought public input at hearings also held in September 1996. The State

submitted the final Conservation Plan to the Services on March 5, 1997,

and made it available for public comment. The Services again reopened

their comment period on May 23, 1997 (62 FR 28413), to invite comments

on the Conservation Plan and on other information that had become

available after the publication of the proposed rule (60 FR 50530).

Consideration as a ``Species'' Under the Act

te

submitted the final Conservation Plan to the Services on March 5, 1997,

and made it available for public comment. The Services again reopened

their comment period on May 23, 1997 (62 FR 28413), to invite comments

on the Conservation Plan and on other information that had become

available after the publication of the proposed rule (60 FR 50530).

Consideration as a ``Species'' Under the Act

The term ``species'' is defined by section 3(15) of the Act as

including ``any subspecies of fish or wildlife or plants, and any

distinct population segment of any species of vertebrate fish or

wildlife that interbreeds when mature.'' In the proposed rule (60 FR

50530), the Services stated that Atlantic salmon populations in the

Sheepscot, Ducktrap, Narraguagus, Pleasant, Machias, East Machias and

Dennys rivers (the seven rivers) comprised one DPS (the seven rivers

DPS). Also in the proposed rule (60 FR 50530), Atlantic salmon

populations in the Kennebec River, Penobscot River, St. Croix River,

and Tunk Stream were designated as category 2 candidate species by the

FWS and as candidate species by NMFS until investigations into the

presence and persistence of native Atlantic salmon populations within

these rivers could be conducted.

On February 7, 1996, the Services published a national policy (the

Services' DPS policy) (61 FR 4722) to clarify their interpretation of

the phrase ``distinct population segment of any species of vertebrate

fish or wildlife'' for the purposes of listing, delisting, and

reclassifying species under the Act. The policy identified the

following three elements to be considered in deciding whether to list a

possible DPS as endangered or threatened under Act: The discreteness of

the population segment in relation to the remainder of the species or

subspecies to which it belongs; the significance of the population

segment to the species or subspecies to which it belongs; and the

conservation status of the population segment in relation to the Act's

standards for listing.

eciding whether to list a

possible DPS as endangered or threatened under Act: The discreteness of

the population segment in relation to the remainder of the species or

subspecies to which it belongs; the significance of the population

segment to the species or subspecies to which it belongs; and the

conservation status of the population segment in relation to the Act's

standards for listing.

Discreteness of the Population Segment

According to the Services' DPS policy, a population segment may be

considered discrete if it satisfies either one of the following

conditions: it is markedly separated from other populations of the same

taxon as a consequence of physical, physiological, ecological, or

behavioral factors; or it is delimited by international governmental

boundaries across which there is a significant difference in control of

exploitation, management of habitat, or conservation status.

Mitochondrial DNA and microsatellite DNA data obtained through an

ongoing peer-reviewed genetic study by the U.S. Geological Survey--

Biological Resources Division (USGS-BRD) demonstrate that North

American Atlantic salmon stocks are reproductively isolated and

genetically distinct from European stocks (King, et al. 1997).

Differences within the North American complex are less clear, but due

to differences in management and conservation programs between the

United States and Canada, U.S. Atlantic salmon populations are

considered to be discrete for the purposes of the Act. Management and

conservation programs in the United States and Canada have similar

goals, but differences in legislation and policy support the use of the

United States/Canada international boundary as a measure of

discreteness.

Significance of the Population Segment

ween the

United States and Canada, U.S. Atlantic salmon populations are

considered to be discrete for the purposes of the Act. Management and

conservation programs in the United States and Canada have similar

goals, but differences in legislation and policy support the use of the

United States/Canada international boundary as a measure of

discreteness.

Significance of the Population Segment

The Services' DPS policy states that the consideration of the

significance of the population segment to the taxon to which it belongs

may include, but is not limited to, the following: Persistence of the

discrete population in an ecological setting unusual or unique for the

taxon; evidence that the loss of the discrete population segment would

result in a significant gap in the range of a taxon; evidence that the

discrete population segment represents the only surviving natural

occurrence of a taxon that may be more abundant elsewhere; or evidence

that the discrete population segment differs markedly from other

populations of the species in its genetic characteristics.

A critical factor in determining the significance of river

populations of Atlantic salmon is the persistence of a substantial

component of native stock reproduction. Results of the USGS-BRD

genetics study (King, et al. 1997) provide a range-wide survey of

mitochondrial and nuclear DNA variation in Atlantic salmon. Composite

mitochondrial DNA haplotypes revealed a strong discontinuity between

North American and European salmon. Gene flow estimates for both

mitochondrial and nuclear DNA at the inter-continental scale were less

than one migrant per generation, strongly indicating a major

discontinuity between North American and European populations. Pair-

wise comparisons of microsatellite genotypes revealed evidence of some

significant population subdivisions described by the researchers as

worthy of management consideration

w estimates for both

mitochondrial and nuclear DNA at the inter-continental scale were less

than one migrant per generation, strongly indicating a major

discontinuity between North American and European populations. Pair-

wise comparisons of microsatellite genotypes revealed evidence of some

significant population subdivisions described by the researchers as

worthy of management consideration. This is consistent with the

Services' recommendation in the proposed rule (60 FR 50530) that

Atlantic salmon populations should be managed on a river-by-river

basis.

The DPS proposed for listing by the Services consisted of those

seven river populations in Maine for which the greatest evidence of the

persistence of historical, river-specific characteristics having

evolutionary significance could be found. The results of the USGS-BRD

genetics study (King, et al. 1997) together with phenotypic traits,

life history and habitat characteristics suggest that the seven rivers

DPS could be expanded in the future. Because the possibility exists

that additional populations could be added to the seven rivers DPS in

the future, and for purposes of future conservation activities, the

Services are renaming the seven rivers DPS the Gulf of Maine DPS. Other

Atlantic salmon populations will be added to the Gulf of Maine DPS if

they are found to be naturally reproducing and to have historical,

river-specific characteristics. The area within which populations

meeting these criteria for addition to the DPS would most likely be

found is from the Kennebec River north to, but not including, the St.

Croix River.

The Services believe that the Atlantic salmon populations in Togus

Stream, a tributary to the Kennebec River, and Cove Brook, a tributary

to the Penobscot River, may warrant inclusion in the Gulf of Maine DPS.

Further investigation of these and other extant river populations from

the Kennebec River north to, but not including, the St

ec River north to, but not including, the St.

Croix River.

The Services believe that the Atlantic salmon populations in Togus

Stream, a tributary to the Kennebec River, and Cove Brook, a tributary

to the Penobscot River, may warrant inclusion in the Gulf of Maine DPS.

Further investigation of these and other extant river populations from

the Kennebec River north to, but not including, the St. Croix River

will continue in order to determine if they meet the criteria for

inclusion in the DPS. Populations that resulted primarily from

colonization by fish unintentionally released or by fish which escaped

from commercial aquaculture operations will not be included in the Gulf

of Maine DPS; populations that resulted from private or public hatchery

stockings where the broodstock did not originate from populations

within the range of the Gulf of Maine DPS also will not be included.

Summary of Comments and Responses

The Services held three public hearings in Maine in September 1996

to solicit comments on the proposed listing determination for the seven

rivers DPS of Atlantic Salmon. Over 150 individuals attended the

hearings, and the Services received additional written comments on the

proposed rule (60 FR 50530) from the State, Federal, and local

government agencies, Indian tribes, non-governmental organizations, the

scientific community, and other individuals. In accordance with policy

published on July 1, 1994 (59 FR 34270), the Services requested

scientific peer review of the proposed rule (60 FR 50530) and draft

Status Review and received comments from 15 reviewers. In addition, on

March 25, 1997, the Services sent available genetics information to 23

individuals for scientific peer review and received comments from 15

reviewers. The comment period on the proposed rule (60 FR 50530) was

reopened in May 1997 to allow public review and comment on additional

information, including the Conservation Plan, that had become available

since the publication of the proposed rule (60 FR 50530)

97, the Services sent available genetics information to 23

individuals for scientific peer review and received comments from 15

reviewers. The comment period on the proposed rule (60 FR 50530) was

reopened in May 1997 to allow public review and comment on additional

information, including the Conservation Plan, that had become available

since the publication of the proposed rule (60 FR 50530). Following is

a summary of the major issues identified in public comments and the

Services' responses to those issues.

Issue 1: Accuracy and Sufficiency of Scientific Data

Comment: A few individuals stated that the biological data used was

flawed and that, in fact, the salmon population is sufficiently large

and growing. Other commenters stated that the stocks are declining and

cited habitat degradation as a potential cause. The primary area of

disagreement concerning the availability and assessment of data

surrounded the issue of delineation of the DPS and, in particular, the

role of genetic information in making that determination.

Response: The Act requires that listing determinations be made on

the basis of a population's status which is determined by utilizing the

best available scientific and commercial data, with consideration being

given to State and foreign efforts to protect such species. Data on

species distribution and abundance is provided each year by the U.S.

Atlantic Salmon Assessment Committee (USASAC), and additional

information specific to the seven watersheds is provided in field

activity reports prepared jointly by the FWS and the Maine Atlantic

Salmon Authority (ASA). To specifically address concerns raised over

the delineation of the DPS and the role of genetic information in that

determination, the Services sent out the genetics section of the draft

Status Review and a State-prepared genetics report (Maine Atlantic

Salmon Task Force 1996) for an additional peer review

vity reports prepared jointly by the FWS and the Maine Atlantic

Salmon Authority (ASA). To specifically address concerns raised over

the delineation of the DPS and the role of genetic information in that

determination, the Services sent out the genetics section of the draft

Status Review and a State-prepared genetics report (Maine Atlantic

Salmon Task Force 1996) for an additional peer review. Many of these

reviewers stated a desire for additional information; however, many

supported the Services' proposal given the existing information. Many

reviewers acknowledged that the USGS-BRD genetics report (King, et al.

1997) contains the most comprehensive analysis ever conducted of U.S.

Atlantic salmon populations. Some reviewers posed questions regarding

the sampling and collection methodology and the statistical analysis of

the results. These comments have been provided to the authors of the

report to be addressed during preparation of the final report. The

Services believe that, due to the nature of these comments, the results

of the study will not be changed in a way which would affect the

decision to withdraw the proposed rule (60 FR 50530).

Detailed assessments have been conducted in the Narraguagus River

to document the extent to which Atlantic salmon mortality in the

freshwater phase of the salmon's life cycle may be responsible for the

declines in adult abundance first observed in the mid-1980's (FWS and

NMFS 1995). One of the specific objectives of this research was to

determine the abundance and age structure of the adult and juvenile

Atlantic salmon populations. This study concluded that rearing habitats

in the Narraguagus River, although not pristine, are in good condition

and capable of supporting robust juvenile salmon populations.

Macroinvertebrate population data also suggest that freshwater habitats

are in good condition, with diversity and abundance indices similar to

those obtained 20 years earlier (FWS and NMFS 1995)

ntic salmon populations. This study concluded that rearing habitats

in the Narraguagus River, although not pristine, are in good condition

and capable of supporting robust juvenile salmon populations.

Macroinvertebrate population data also suggest that freshwater habitats

are in good condition, with diversity and abundance indices similar to

those obtained 20 years earlier (FWS and NMFS 1995). Water chemistry

data indicate that the mainstem Narraguagus River has adequate water

quality to support juveniles, and contaminant sampling data suggest

that most chemicals used in blueberry culture and forestry are not

detected in the fish or waters of the Narraguagus River (ASA 1997).

In 1992, native Atlantic salmon parr (young salmon in freshwater)

were collected from the Dennys, Machias and Narraguagus rivers to be

raised to maturity and used as broodstock. Adults that were produced by

this program were released back into their rivers of origin in June and

October 1996. Redd (spawning bed) counts on all three rivers indicated

a surplus of redds relative to known returning sea run adults

suggesting that reconditioned hatchery broodstock spawned successfully.

Issue 2: Delineation of the Seven Rivers DPS

Comment: Some commenters expressed the opinion that all Atlantic

salmon in New England are artificial and have been affected so greatly

by hatchery practices that no aboriginal Atlantic salmon remain. They

stated that these populations did not qualify for consideration for

protection under the Act due to this mixed heritage. Some commenters

stated that the Services were abusing their authority under the Act by

making such a proposal. Other commenters stated that protection under

the Act should be considered for all stocks in rivers that historically

contained Atlantic salmon

almon remain. They

stated that these populations did not qualify for consideration for

protection under the Act due to this mixed heritage. Some commenters

stated that the Services were abusing their authority under the Act by

making such a proposal. Other commenters stated that protection under

the Act should be considered for all stocks in rivers that historically

contained Atlantic salmon.

Response: The Services' DPS policy (61 FR 4722) and its application

to Atlantic salmon is explained in the section of this notice entitled

``Consideration as a `Species' Under the Act.'' The Services note that,

in addition to the information presented in that section, the results

of the recently completed USGS-BRD genetics study (King, et al. 1997)

do not support the claim that Atlantic salmon have been homogenized by

migration, stocking and/or aquaculture operations. Analysis of the most

current information on genetics, life history and stock assessment

provides very strong evidence that the North American Atlantic salmon

population is discrete and significant.

Issue 3: Appropriateness of Listing at This Time

Comment: Some commenters urged the Services to delay the decision

whether to list in order to allow more time for the river-specific

rearing program to work, and some suggested that more time should be

allowed for the Conservation Plan to be implemented. Others recommended

that the Services immediately list Atlantic salmon and designate

critical habitat.

Response: The Act requires the Services to make listing

determinations based on the biological status of the species and

consideration of State and international efforts being made to protect

it. Although adult returns to the seven rivers remain low and average

less than 10 percent of the escapement goal (the number of adult

returns sufficient to fully seed the habitat), collection of fish and

the subsequent stocking of their progeny, as explained in the proposed

rule (60 FR 50530), has resulted in substantially higher juvenile

counts

d international efforts being made to protect

it. Although adult returns to the seven rivers remain low and average

less than 10 percent of the escapement goal (the number of adult

returns sufficient to fully seed the habitat), collection of fish and

the subsequent stocking of their progeny, as explained in the proposed

rule (60 FR 50530), has resulted in substantially higher juvenile

counts. Also, projections of marine survival have improved steadily

since 1994 (International Council for Exploration of the Seas (ICES)

1997). In addition, as explained in detail in the section of this

notice entitled ``Efforts to Protect Maine Atlantic Salmon,'' the

Services have determined that protection efforts have substantially

reduced the level of threat to the DPS. Consequently, the Services have

concluded that the DPS is not likely to become endangered within the

foreseeable future and that, therefore, listing is not justified at

this time.

Issue 4: Adequacy of Existing Conservation Measures and Regulatory

Mechanisms

Comment: Many commenters expressed the opinion that existing

regulations were more than adequate to provide protection to Atlantic

salmon. Some asserted that the factor most responsible for the species'

decline was marine survival and suggested that, since this was not a

controllable factor, nothing was to be gained by listing the species.

Other commenters expressed concern about the State of Maine acquiring

management authority stating that Maine had a history of ineffective

management of Atlantic salmon. They argued for increased Federal

involvement through a listing action.

Response: The Services agree that there are a number of existing

conservation measures and regulatory mechanisms in place to protect

Atlantic salmon. Those conservation measures and regulatory mechanisms

are discussed in more detail in the ``Summary of Factors Affecting the

Species'' and the ``Efforts to Protect Maine Atlantic Salmon'' sections

of this notice

vement through a listing action.

Response: The Services agree that there are a number of existing

conservation measures and regulatory mechanisms in place to protect

Atlantic salmon. Those conservation measures and regulatory mechanisms

are discussed in more detail in the ``Summary of Factors Affecting the

Species'' and the ``Efforts to Protect Maine Atlantic Salmon'' sections

of this notice. It is important to note that the Services have been,

and will continue to be, closely involved in the management of Atlantic

salmon in Maine, as well as throughout the rest of New England. The

Services do not agree that Maine has a history of ineffective

management of Atlantic salmon. The Status Review does state that the

recreational harvest of the 1970's was likely too high but that,

subsequently, restrictions were placed on the fishery, and currently

only catch and release fishing is permitted. The Services also reviewed

past management measures to determine their role, if any, in the

species' decline. Current management measures were reviewed for their

ability to protect and assist with the recovery of Atlantic salmon

populations. The Services have determined that existing State

regulations and management measures, together with additional efforts

outlined in the Conservation Plan, sufficiently protect the species

during the portion of its life cycle spent in Maine waters and will

facilitate its continued improvement.

Issue 5: Economic Ramifications of Listing Atlantic Salmon as

Endangered

tlantic salmon

populations. The Services have determined that existing State

regulations and management measures, together with additional efforts

outlined in the Conservation Plan, sufficiently protect the species

during the portion of its life cycle spent in Maine waters and will

facilitate its continued improvement.

Issue 5: Economic Ramifications of Listing Atlantic Salmon as

Endangered

Comment: Many individuals stated that listing would add more

government regulations that would cripple local economies. Concerns

were raised over potential ramifications to forestry, aquaculture and

agriculture. Other commenters cited economic benefits of successful

salmon restoration.

Response: The Act does not allow the Services to consider economics

in making listing determinations. The Act does require Federal agencies

to consult with the Services on any action they undertake, fund or

authorize which may affect a proposed or listed species. In the

majority of cases, these consultations do not slow or halt project

planning and construction. The Services agree that there are many

benefits, including economic benefits, to Atlantic salmon restoration.

Issue 6: Effects of Agriculture on Atlantic Salmon

Comment: Commenters provided a broad range of views regarding the

relationship between agricultural practices and Atlantic salmon. Some

stated that agricultural practices do not threaten Atlantic salmon.

Some of the same commenters expressed concern that listing Atlantic

salmon would have negative effects on agriculture. Finally, a few

commenters stated that erosion, pesticide run-off, and water withdrawal

associated with agriculture are contributing to the decline of the

species.

Response: The Services examined the potential impact of

agricultural practices on Atlantic salmon in the draft Status Review

and concluded that current agricultural practices do not pose a major

threat to Atlantic salmon

iculture. Finally, a few

commenters stated that erosion, pesticide run-off, and water withdrawal

associated with agriculture are contributing to the decline of the

species.

Response: The Services examined the potential impact of

agricultural practices on Atlantic salmon in the draft Status Review

and concluded that current agricultural practices do not pose a major

threat to Atlantic salmon. In response to the proposed rule (60 FR

50530), the Governor of Maine formed a Task Force to address the

decline of Atlantic salmon in the State. The Agriculture Working Group

of the Task Force conducted an in-depth analysis of the relationship

between agricultural practices and Atlantic salmon protection and

recovery. This group identified a number of potential threats including

water use, non-point source pollution and peat mining. The group also

cited the increased interest in cranberry cultivation in the seven

watersheds as a potential threat. The sections of this notice entitled

``Summary of Factors Affecting the Species'' and ``Efforts To Protect

Maine Atlantic Salmon'' discuss ongoing and proposed actions to address

threats from agriculture.

Issue 7: Effects of Recreational Fishing on Atlantic Salmon

Comment: Many commenters stated that recreational fishing does not

threaten Atlantic salmon populations and some suggested that, if a

listing resulted in the termination of a recreational fishery, the

support of anglers for salmon recovery would be lost.

Response: In the proposed rule (60 FR 50530), the Services stated

that multi-sea-winter fish (fish which have spent two or more winters

at sea) could incur some mortality from catch and release fishing and

that parr could be vulnerable to incidental hooking mortality or

illegal harvest by trout anglers. The Services also expressed some

concern over the potential for poaching

y would be lost.

Response: In the proposed rule (60 FR 50530), the Services stated

that multi-sea-winter fish (fish which have spent two or more winters

at sea) could incur some mortality from catch and release fishing and

that parr could be vulnerable to incidental hooking mortality or

illegal harvest by trout anglers. The Services also expressed some

concern over the potential for poaching. In the past the recreational

harvest of Atlantic salmon had the potential to negatively impact

species abundance, however, there is no legal harvest in Maine at this

time. In the Conservation Plan, the State of Maine has imposed further

restrictions on the catch and release fishery for Atlantic salmon to

reduce or eliminate the potential for adverse impacts to salmon by

restricting the season, area and gear to be used. In addition, the

State has imposed restrictions on recreational trout fishing to address

concerns over impacts from incidental catch. To improve compliance with

these new regulations, the State has added two seasonal wardens and has

recommended increased fines for violations.

During their review of the Conservation Plan, the Services

requested that the State further define biological parameters for the

catch and release fishery by identifying conditions under which a river

may be closed and by describing monitoring or assessment efforts. The

State has subsequently informed the Services that the Maine Technical

Advisory Committee (TAC) is being requested to recommend to the ASA the

appropriateness of catch and release fishing on each river. The ASA

will then take this recommendation through a public hearing process and

promulgate regulations. The TAC was advised to consider the following

factors: Parr densities at index sites; sea temperature index developed

for the North American Salmon Conservation Organization (NASCO);

returns of adults or redd counts; availability of hatchery fry; and

incidental mortality related to catch and release

ill then take this recommendation through a public hearing process and

promulgate regulations. The TAC was advised to consider the following

factors: Parr densities at index sites; sea temperature index developed

for the North American Salmon Conservation Organization (NASCO);

returns of adults or redd counts; availability of hatchery fry; and

incidental mortality related to catch and release. The State has

informed the Services that estimates of actual returns (numbers of

adult salmon returning to their rivers of origin) would be compared to

minimum biologically acceptable limits of spawners (spawning adult

salmon) to determine the feasibility of catch and release for any given

season. The Services are satisfied with this proposed plan of action

and as members of the TAC will have an active role in the development

of specific criteria.

Issue 8: Effects of Aquaculture on Wild Atlantic Salmon

Comment: There was a wide range of opinions expressed concerning

the effects of aquaculture on wild Atlantic salmon populations. Some

commenters felt that aquaculture has negative impacts, whereas others

stated that aquaculture does not threaten wild salmon populations and

could in fact aid restoration or rehabilitation of wild populations

through breeding and stocking programs. Finally, some commenters

expressed concern that listing would have negative impacts on the

aquaculture industry.

Response: Through the Aquaculture Working Group of the Task Force,

the Services and the aquaculture industry have identified industry

practices that could impact wild populations. Strategies to mitigate or

eliminate these potential impacts have been identified and are being

implemented. The Maine Aquaculture Association is working with the

University of Maine and representatives of the industry to develop a

biosecurity code that will incorporate both a loss control code of

practice and a fish health code. These codes will reduce the potential

for genetic and health impacts to wild stocks

te or

eliminate these potential impacts have been identified and are being

implemented. The Maine Aquaculture Association is working with the

University of Maine and representatives of the industry to develop a

biosecurity code that will incorporate both a loss control code of

practice and a fish health code. These codes will reduce the potential

for genetic and health impacts to wild stocks. The Services will

continue to monitor the development and implementation of these codes.

The aquaculture industry is conducting further investigations into

marking of cultured stock and is experimenting with the commercial

culture of sterile triploids. The aquaculture industry, in an effort to

actively participate in salmon recovery, has accepted river-specific

eggs for 2 years and is raising those eggs to smolts (sub-adults) and/

or adults to be released back into their rivers of origin. The FWS has

secured funds to construct weirs on three rivers that will aid in both

wild stock management efforts and in culling aquaculture escapees.

Issue 9: Effects of Forestry on Atlantic Salmon

Comment: Comments on forestry ranged from identifying forestry as

having a negative impact on salmon recovery to stating that there is no

proven link between forestry and the decline of salmon. Those who

stated that forestry negatively impacts Atlantic salmon cited non-point

source pollution and habitat degradation. Concerns were also raised

over the potential economic ramifications of listing to the forestry

industry.

Response: In the draft Status Review and the proposed rule (60 FR

50530), the Services cited forestry as a predominant land use in the

central and northern coastal Maine watersheds. The Services concluded

that while past forestry practices may have adversely affected salmon

and their habitat, the regulatory mechanisms currently in place are

sufficient to ensure that ongoing practices do not pose a major threat

to the species

ew and the proposed rule (60 FR

50530), the Services cited forestry as a predominant land use in the

central and northern coastal Maine watersheds. The Services concluded

that while past forestry practices may have adversely affected salmon

and their habitat, the regulatory mechanisms currently in place are

sufficient to ensure that ongoing practices do not pose a major threat

to the species. The Conservation Plan identifies potential impacts from

forestry to include non-point source pollution, alteration of stream

temperatures and hydrology, direct disturbance to habitat, and blockage

of fish passage by deposition of woody debris. The Conservation Plan

outlines a number of existing protective measures which address

potential threats from forestry. These measures are discussed in detail

in the section of this notice entitled ``Efforts to Protect Maine

Atlantic Salmon.''

Issue 10: Effects of Hydroelectric Operations on Atlantic Salmon

Comment: Many commenters stated that dams have played a major role

in the reduction in range of Atlantic salmon and in the depressed

levels of remaining populations. Others stated that dams are not

responsible for the decline of salmon. Finally, a few expressed concern

over the potential negative effects of a listing on the hydroelectric

industry.

Response: In the draft Status Review and the proposed rule (60 FR

50530), the Services stated that the construction of dams was a major

cause for the decline of U.S. Atlantic salmon. The rivers included in

the seven rivers DPS do not have hydroelectric dams on them and,

therefore, listing would not have impacted the hydroelectric industry.

Issue 11: Effects of Marine Survival on the Decline of Atlantic Salmon

draft Status Review and the proposed rule (60 FR

50530), the Services stated that the construction of dams was a major

cause for the decline of U.S. Atlantic salmon. The rivers included in

the seven rivers DPS do not have hydroelectric dams on them and,

therefore, listing would not have impacted the hydroelectric industry.

Issue 11: Effects of Marine Survival on the Decline of Atlantic Salmon

Comment: A few commenters stated that natural fluctuations in the

marine environment are responsible for the decline of salmon and that,

because these fluctuations could not be affected by listing, listing is

not necessary.

Response: As required by the Act, the determination as to whether a

listing action is appropriate is based on the biological status of the

species and consideration of State and international efforts to protect

it. The Services considered all threats to the species including

natural fluctuations in the marine environment in determining to

propose the seven rivers DPS of Atlantic salmon as threatened and in

deciding to withdraw the proposal.

Issue 12: Genetics Information

Comment: The Service received comments from 15 individuals who

conducted a scientific peer review of the genetics information. Most

reviewers agreed it was difficult with the information available at

that time to draw any conclusion regarding the correct delineation of a

DPS. One reviewer stated that the metapopulation paradigm was more

relevant than the stock concept as it emphasizes the inter-connections

between population units within metapopulations and the multi-layered

nature of the relationships among them (the metapopulation theory, in

part, proposes that the loss of the species at one site can be

compensated through reoccupation of the site from adjacent sites). In

contrast, another reviewer pointed out, as evidence against the

metapopulation theory, that populations tend to stay extirpated

en population units within metapopulations and the multi-layered

nature of the relationships among them (the metapopulation theory, in

part, proposes that the loss of the species at one site can be

compensated through reoccupation of the site from adjacent sites). In

contrast, another reviewer pointed out, as evidence against the

metapopulation theory, that populations tend to stay extirpated. In

general, many reviewers desired more information, but most stated that

if ``a substantial component of native genetic variation persists in

the populations of the named rivers, they are presumably the last

reservoirs of these genes, and hence deserving of the strongest

possible protection.'' An additional reviewer agreed that there is no

``pure'' native race of Atlantic salmon remaining but the remnant of

mixed populations that does exist is all that is left of the original

diversity of New England salmon.

There was general agreement among reviewers that rivers south of

Maine are not appropriate for listing because the original populations

were extirpated, and current populations represent introductions of

non-native stocks of mixed origin. One reviewer questioned the logic of

excluding the Kennebec, Penobscot and St. Croix rivers from the DPS.

This reviewer believed that, due to their size, these three rivers

might become the last source of broodstock for stocking the seven

rivers in the event the Atlantic salmon populations in the seven rivers

DPS become extinct. Another reviewer argued that the populations in the

Kennebec, Penobscot, and St. Croix rivers and Tunk Stream, which were

designated as candidates by the Services in the proposed rule (60 FR

50530), should be included in the seven rivers DPS. Some felt that the

differences between U.S. and Canadian populations were overstated or

exaggerated

populations in the seven rivers

DPS become extinct. Another reviewer argued that the populations in the

Kennebec, Penobscot, and St. Croix rivers and Tunk Stream, which were

designated as candidates by the Services in the proposed rule (60 FR

50530), should be included in the seven rivers DPS. Some felt that the

differences between U.S. and Canadian populations were overstated or

exaggerated.

Some comments specifically addressed the question of

``significance'' and one reviewer stated that additional analyses of

selectively neutral genetic variation would probably not be helpful for

determining how to conserve and manage any adaptive variation that may

reside in the rivers of Maine. Also, another reviewer stated that

neutral markers do not reveal much about

significance. One reviewer offered an operational test of evolutionary

value and suggested that if a climatic warming trend occurred, the

Ducktrap River might be an appropriate source of broodstock for

restocking rivers in the central part of the present species'

distribution. This reviewer suggested that, putting genetics and

statistics aside, if it is likely that a river population would be

singled out to be used in the future as a source for restocking other

rivers, then it should probably be preserved. Many reviewers emphasized

the fact that Maine Atlantic salmon are at the southern extent of the

species' range. One reviewer stated the following: ``The fact is that

some salmon do continue to return to Maine's rivers in spite of all the

difficulties put in their way. Furthermore, these fish hang on near the

southern limits of the species' global range, in spite of the extreme

nature of the environment and the challenges they must overcome.''

These reviewers believed that these facts supported the contention that

Maine Atlantic salmon constitute a highly selected group (or DPS)

uniquely suited to life in Maine's rivers

l the

difficulties put in their way. Furthermore, these fish hang on near the

southern limits of the species' global range, in spite of the extreme

nature of the environment and the challenges they must overcome.''

These reviewers believed that these facts supported the contention that

Maine Atlantic salmon constitute a highly selected group (or DPS)

uniquely suited to life in Maine's rivers.

Some reviewers believed that the effects of hatcheries and stocking

were adequately addressed in the draft Status Review, while others

commented that more detail was needed. Most reviewers agreed that past

extensive stocking raised concerns but was not conclusive evidence of

the disruption or replacement of locally adapted native strains. Some

commenters cited the suggestion in the State-prepared genetics report's

(Maine Atlantic Salmon Task Force 1996) that the situation with

Atlantic salmon is analogous to that with the lower Columbia River coho

salmon for which both DPS status and Evolutionary Significant Unit

(ESU) status was rejected due to the effects of stock transfers and

hatchery propagation. One reviewer stated that this comparison was not

appropriate as Columbia River coho lie in the middle of the species'

range surrounded by populations that are less genetically compromised.

Maine Atlantic salmon, on the other hand, are at the edge of the

species' range. One reviewer offered his view that if a historical ESU

can be identified with reasonable confidence (as is the case with Maine

Atlantic salmon) there should be a presumption that it still remains

unless there is a preponderance of evidence to indicate that it does

not.

Commenters on the most recent USGS-BRD genetics report (King, et

al. 1997) generally were impressed with the volume of data contained

and analyzed. All reviewers agreed that the results supported earlier

studies clearly demonstrating a statistically significant genetic

difference between North American and European populations of Atlantic

salmon

nce of evidence to indicate that it does

not.

Commenters on the most recent USGS-BRD genetics report (King, et

al. 1997) generally were impressed with the volume of data contained

and analyzed. All reviewers agreed that the results supported earlier

studies clearly demonstrating a statistically significant genetic

difference between North American and European populations of Atlantic

salmon. There was no such consensus regarding the interpretation of

results for populations within North America. Most reviewers agreed

that delineation of U.S. and Canadian populations as two separate DPS's

could not be justified based on these results; however, they pointed

out that sampling of Canadian populations was too sparse to conclude

that they were part of the same DPS.

Response: The Services' carefully reviewed all of the available

information concerning to the genetics of Atlantic salmon. The

Services' identified the seven rivers DPS as a ``species'' under the

Act in accordance with the Services' DPS policy (61 FR 4722). The

Services' DPS policy and its application to the delineation of the

seven rivers DPS (and the Gulf of Maine DPS) are described in the

``Consideration as a `Species' Under the Act'' section of this notice.

Issue 13: The Conservation Plan

Comments: Eleven letters of comment were received on the

Conservation Plan. Seven of those were from State agencies and

industries and organizations operating within the State which voiced

enthusiasm and support for the Conservation Plan and encouraged the

Services to accept the Conservation Plan and not list Atlantic salmon

under the Act. The State's response included a list of ongoing actions

under the Conservation Plan. Some concern was raised over funding for

implementation of the Conservation Plan and for work on rivers not

included in the seven rivers DPS originally proposed for listing. In

addition, one commenter recommended that the FWS should closely monitor

implementation of the Conservation Plan

almon

under the Act. The State's response included a list of ongoing actions

under the Conservation Plan. Some concern was raised over funding for

implementation of the Conservation Plan and for work on rivers not

included in the seven rivers DPS originally proposed for listing. In

addition, one commenter recommended that the FWS should closely monitor

implementation of the Conservation Plan. One commenter, offered the

opinion that the Conservation Plan lacks accountability and

enforceability and is not biologically defensible.

Response: The Services have worked closely with the State during

the development of the Conservation Plan and believe that a very

critical part of the Conservation Plan is the detailed implementation

schedule and monitoring plan for each river. Each party's ability to

meet funding obligations under the Conservation Plan will be evaluated

annually as part of the review process.

Summary of Factors Affecting the Species

Section 4 of the Act and regulations promulgated to implement the

listing provisions of the Act (50 CFR part 424) set forth the

procedures for adding species to the Federal list. Section 4 requires

that listing determinations be based solely on the best scientific and

commercial data available, without reference to possible economic or

other impacts of such determinations. A species may be determined to be

endangered or threatened due to one or more of the five factors

described in section 4(a)(1) of the Act. The information presented here

primarily concerns new developments since the publication of the

proposed rule (60 FR 50530) and indicates the ways in which

implementation of the Conservation Plan is further reducing threats to

the DPS.

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

of Its Habitat or Range

e of the five factors

described in section 4(a)(1) of the Act. The information presented here

primarily concerns new developments since the publication of the

proposed rule (60 FR 50530) and indicates the ways in which

implementation of the Conservation Plan is further reducing threats to

the DPS.

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

of Its Habitat or Range

Forestry

One of the predominant land uses of central and northern coastal

Maine watersheds is the growing and harvesting of forest products.

Forest management practices can cause numerous short and long-term

negative impacts to Atlantic salmon as a result of increased runoff,

decreased shade and increased water temperatures, deposition of woody

debris and silt into waterways, and the use of insecticides or

herbicides. In the proposed rule (60 FR 50530), the Services presented

their finding that while historical forest practices have had harmful

effects on Atlantic salmon in certain watersheds, numerous State and

Federal laws now in existence prevent significant adverse impacts to

Atlantic salmon and other aquatic species. The Conservation Plan offers

further protection against potential impact to Atlantic salmon from

forestry activities. Ongoing actions outlined in the Conservation Plan

include: Formation of Project SHARE (Salmon Habitat and River

Enhancement) addressing potential threats from forestry in 5 Downeast

watersheds; establishment of riparian management zones; Champion

International's adoption of self-imposed restrictive management

standards for timber operations near streams and rivers; providing code

enforcement training and shoreline technical assistance to help

municipalities administer shoreline zoning standards; promoting best

management practices in forests within the State through Maine's non-

point source pollution management program; and finally, formation of

several river coalitions to improve watershed protection.

ards for timber operations near streams and rivers; providing code

enforcement training and shoreline technical assistance to help

municipalities administer shoreline zoning standards; promoting best

management practices in forests within the State through Maine's non-

point source pollution management program; and finally, formation of

several river coalitions to improve watershed protection.

Agriculture

Lowbush blueberry agriculture is another significant land use in

eastern Maine watersheds. The associated extraction and diversion of

water and application of herbicides, fungicides, and insecticides could

adversely affect Atlantic salmon and their habitat. In the proposed

rule (60 FR 50530), the Services concluded that current agricultural

practices were not considered a major threat to Atlantic salmon due to

protective measures in place. Cranberry production, a small but rapidly

increasing component of Downeast Maine agriculture, requires land

conversion, a large supply of water, and significant use of pesticides.

Significant acreage is currently being converted to cranberry

production.

The Conservation Plan identifies the following programs and

management activities currently being implemented to reduce impacts to

Atlantic salmon from agricultural practices: Integrated crop management

practices and best management practices for blueberry and cranberry

production developed by the Maine Cooperative Extension Service; the

State management plan for pesticides and ground water, as well as a

more specific plan to protect groundwater from hexazinone; and the non-

point source pollution and coastal zone management programs which

include best management practices to protect water quality

ices and best management practices for blueberry and cranberry

production developed by the Maine Cooperative Extension Service; the

State management plan for pesticides and ground water, as well as a

more specific plan to protect groundwater from hexazinone; and the non-

point source pollution and coastal zone management programs which

include best management practices to protect water quality. Additional

activities proposed in the Conservation Plan are the development and

implementation of total water use management plans for each watershed,

the development of a non-point source pollution control program for the

Sheepscot River, and the identification of wetlands with functions that

maintain the integrity of salmon habitat.

Peat Mining

Many eastern Maine watersheds contain deposits of peat. Commercial

peat mining has the potential to adversely affect salmon habitat

through the release of peat fibers, arsenic, and other chemical

residues present in peat deposits. There are no known current impacts

to Atlantic salmon, but further study is recommended to determine

possible impacts, if any, of peat mining on Atlantic salmon and their

habitat. The Conservation Plan identifies additional actions which are

being taken to eliminate potential impacts from peat mining including:

Improving the permit review process; increasing standards for erosion

control; and evaluating possible threats to Atlantic salmon from water

quality changes.

Dams

In the proposed rule (60 FR 50530), the Services cited the

historical impact of dams on Atlantic salmon but stated that there were

no hydroelectric projects on any of the seven rivers which constitute

the range of the seven rivers DPS. Portions of two other rivers, the

Kennebec and the Penobscot, are heavily impacted by hydroelectric dams.

The fact that naturally reproducing populations of Atlantic salmon are

likely restricted to tributaries below the lowermost mainstem dam on

each of these rivers is directly attributable to the impact of these

dams

ny of the seven rivers which constitute

the range of the seven rivers DPS. Portions of two other rivers, the

Kennebec and the Penobscot, are heavily impacted by hydroelectric dams.

The fact that naturally reproducing populations of Atlantic salmon are

likely restricted to tributaries below the lowermost mainstem dam on

each of these rivers is directly attributable to the impact of these

dams. While expansion of the range of Atlantic salmon in these river

systems may be limited at present, it does not appear that the

continued persistence of the lower tributary populations is threatened

by the presence of dams on the mainstems upstream of these lower

tributaries. Beaver (Castor canadensis) dams and debris dams, which

have been documented on many of the rivers within the seven rivers DPS,

are typically partial, temporary obstructions to Atlantic salmon

migration. The Conservation Plan identifies activities underway to

address this threat which include breaching problematic beaver dams,

removing debris dams, and expanding the beaver trapping season in

certain areas. In addition, the Conservation Plan includes a commitment

to identify and rectify fish passage problems at the Cooper's Mills Dam

on the Sheepscot River.

B. Overutilization for Commercial, Recreational, Scientific, or

Educational Purposes

The proposed rule (60 FR 50530) discussed protective measures

against any potential impact from a commercial Atlantic salmon fishery

either domestically or internationally. A quota agreement was reached

in 1997 for the West Greenland fishery, and Canada announced the

continuation of the moratorium in Newfoundland and further restrictions

and a comprehensive management plan for Labrador. Reduced ocean harvest

resulting from these actions should benefit salmon runs throughout

North America during the next several years. The Conservation Plan does

not attempt to deal with ocean harvest, as that is beyond the State's

jurisdiction

ry, and Canada announced the

continuation of the moratorium in Newfoundland and further restrictions

and a comprehensive management plan for Labrador. Reduced ocean harvest

resulting from these actions should benefit salmon runs throughout

North America during the next several years. The Conservation Plan does

not attempt to deal with ocean harvest, as that is beyond the State's

jurisdiction.

The Conservation Plan notes that there is no legal harvest of

Atlantic salmon in Maine but that a catch and release fishery is

permitted. As outlined in the Conservation Plan, the State is

addressing potential threats from poaching and catch and release

fishing by restricting seasons, locations and gear; increasing law

enforcement by adding two seasonal wardens; modifying regulations on

other targeted fisheries to reduce any impact to Atlantic salmon caught

as bycatch; and agreeing, where necessary, to close cold water adult

salmon holding areas to all fishing. In addition, any catch and release

fishing will be permitted only after analyzing data from all phases of

the species' life cycle to assess risks to the DPS. Furthermore, a

monitoring and reporting program has been created for incidental take,

and there is a recommendation to increase penalties for poaching.

During 1997, additional seasonal restrictions were imposed, and

seasonal wardens were employed to reduce poaching in the seven rivers.

C. Disease or Predation

alyzing data from all phases of

the species' life cycle to assess risks to the DPS. Furthermore, a

monitoring and reporting program has been created for incidental take,

and there is a recommendation to increase penalties for poaching.

During 1997, additional seasonal restrictions were imposed, and

seasonal wardens were employed to reduce poaching in the seven rivers.

C. Disease or Predation

The proposed rule (60 FR 50530) included a comprehensive list of

potential predators of Atlantic salmon but concluded that the effects

and magnitude of competition and predation in the riverine, estuarine,

and marine environments are not known. The Conservation Plan proposes

further investigation of predation issues such as impacts of seal

(harbor seal (Phoca vitulina) and gray seal (Halichoerus grypus)) and

cormorant (double-crested cormorant (Phalacrocorax auritus)) predation

and food habits of American eels (Anguilla rostrata) collected in

juvenile Atlantic salmon habitat. The Conservation Plan also proposes a

change in the daily limits on chain pickerel (Esox niger) to reduce

pickerel populations that prey on migrating salmon smolts.

While Atlantic salmon are susceptible to a number of diseases and

parasites that can result in high mortality, furunculosis caused by a

bacterium (Aeromonas salmonicida) is the only known source of disease-

related mortality that has been documented in wild Atlantic salmon in

New England. The Conservation Plan describes efforts that are being

implemented to reduce threats from disease. These include: maintenance

of the current State, Federal, and New England fish health inspection

protocols; continued vaccinations of farmed fish prior to placement in

sea cages; and enforcement of private insurance standards. It is also

noted that a State/Federal/industry fish health advisory board has been

established to monitor and improve the current fish health protocols as

they relate to salmonid fish culture

ce

of the current State, Federal, and New England fish health inspection

protocols; continued vaccinations of farmed fish prior to placement in

sea cages; and enforcement of private insurance standards. It is also

noted that a State/Federal/industry fish health advisory board has been

established to monitor and improve the current fish health protocols as

they relate to salmonid fish culture. Additional protection will be

provided by an emergency disease eradication program involving action

steps to be taken in the event of the

detection of exotic fish pathogens in public or private rearing

facilities; expansion of an ongoing epidemiological monitoring program

to determine the type, incidence and geographic distribution of

salmonid pathogens in Maine; documentation, evaluation and compilation

of industry husbandry practices into a fish health code of practices;

and, finally, complete adoption of an industry code of practices to

minimize escapes of farmed fish.

D. Inadequacy of Existing Regulatory Mechanisms

Regulatory mechanisms governing aquaculture, forestry, agriculture,

poaching, recreational fishing, and commercial harvest are discussed

elsewhere in this section and in the ``Efforts to Protect Maine

Atlantic Salmon'' section of this notice.

E. Other Natural or Manmade Factors Affecting Its Continued Existence

Scientific evidence suggests that low natural survival in the

marine environment is a major factor contributing to the decline of

Atlantic salmon throughout North America. Recent research indicates

that major seasonal events influence survival of post-smolts (young

salmon which have reached the ocean and are beginning to migrate). It

appears that survival of the North American stock complex of Atlantic

salmon is at least partly explained by sea surface water temperature

during the winter months when Atlantic salmon concentrate at the mouth

of the Labrador Sea and east of Greenland

ates

that major seasonal events influence survival of post-smolts (young

salmon which have reached the ocean and are beginning to migrate). It

appears that survival of the North American stock complex of Atlantic

salmon is at least partly explained by sea surface water temperature

during the winter months when Atlantic salmon concentrate at the mouth

of the Labrador Sea and east of Greenland. The marine survival index

improved in 1997 for the third consecutive year, suggesting the

likelihood of improved adult returns during the next few years.

Research initiated by the USASAC, the ICES-North Atlantic Salmon

Study Group (ICES-NASSG), and the ICES-North Atlantic Salmon Working

Group (ICES-NASWG) has furthered our basic understanding of the marine

ecology of Atlantic salmon. Natural mortality in the marine environment

can be attributed to four general sources: predation, starvation,

disease/parasites and abiotic factors. Scientists have discovered

correlations between mortality in the marine environment and abiotic

factors, particularly sea surface temperature (ICES 1997). Correlations

between survival rates for Atlantic salmon from numerous North American

rivers led these scientists to suspect that a critical source of

mortality was acting upon all the stocks when they were mixed and

sharing a common habitat (the ocean). These scientists further

speculated that sea temperatures influenced Atlantic salmon survival

and abundance at West Greenland and, therefore, homewater catches.

Patterns of stock production were found to relate to the area of winter

habitat available to North American post-smolts.

Recent research has pointed to the importance of the availability

of suitable marine habitat as defined by sea surface temperature in the

North Atlantic Ocean and particularly the Labrador Sea region (ICES

1997)

bundance at West Greenland and, therefore, homewater catches.

Patterns of stock production were found to relate to the area of winter

habitat available to North American post-smolts.

Recent research has pointed to the importance of the availability

of suitable marine habitat as defined by sea surface temperature in the

North Atlantic Ocean and particularly the Labrador Sea region (ICES

1997). A natural climatic phenomenon known as the North Atlantic

Oscillation appears to regulate general sea surface temperature

patterns in this region and influence the marine survival and growth of

Atlantic salmon. The cyclic character of this naturally occurring

climatic pattern could be responsible for widespread patterns of low

survival in Atlantic salmon observed recently (ICES 1997). The ICES's

1997 report stated that estimates of pre-fishery abundance of non-

maturing and maturing one-sea-winter (1SW) salmon for 1995 and 1996

suggest an end to the historically low values of non-maturing 1SW

salmon and a clear increase in maturing 1SW salmon. The report

concluded that the gradual upward trend of multi-sea-winter (MSW)

returns to U.S. rivers is expected to continue.

Conclusion--Summary of Factors Affecting the Species

The proposed rule (60 FR 50530) concluded that there were basically

three major factors which continue to threaten the continued survival

of Atlantic salmon within the seven rivers DPS--poaching, low natural

survival of fish during their first winter at sea, and potential

impacts from Atlantic salmon aquaculture operations and fish hatcheries

to the genetic integrity and disease vulnerability of the DPS. The

tightening of recreational fishing regulations described in the

Conservation Plan and the increased enforcement of these regulations

through the addition of two seasonal wardens to the rivers of the seven

rivers DPS reduce the threat of poaching

potential

impacts from Atlantic salmon aquaculture operations and fish hatcheries

to the genetic integrity and disease vulnerability of the DPS. The

tightening of recreational fishing regulations described in the

Conservation Plan and the increased enforcement of these regulations

through the addition of two seasonal wardens to the rivers of the seven

rivers DPS reduce the threat of poaching. Threats to the genetic

integrity and disease vulnerability of the DPS from aquaculture and

fish hatcheries are also alleviated by existing fish health protocols,

screening of outlets at freshwater hatcheries, development of a code

for fish health and containment at freshwater rearing and sea cage

sites, experimental rearing of sterile triploids, and the construction

of weirs. These ongoing and proposed actions, together with the river-

specific rearing program and projected improvements in the marine

index, have improved the status of the DPS such that the Services are

now able to conclude that the DPS is not likely to become endangered

within the foreseeable future.

Efforts To Protect Maine Atlantic Salmon

The Services, New England States and private industries and

organizations have a long history of working cooperatively for the

protection, restoration, and rehabilitation of Atlantic salmon. In 1991

the FWS expressed concern about the status of Atlantic salmon and

designated salmon in five rivers as category 2 candidate species. A

prelisting strategy to advance the recovery of these stocks was

developed in 1992 which included plans for stock assessment, habitat

inventory, and procurement of river-specific broodstock for a fry

stocking program. The Maine Wild Atlantic Salmon Stewardship Program

was initiated by the FWS in 1994. Program activities include angler

surveys, habitat surveys, and weir and trap installation and

maintenance

ategy to advance the recovery of these stocks was

developed in 1992 which included plans for stock assessment, habitat

inventory, and procurement of river-specific broodstock for a fry

stocking program. The Maine Wild Atlantic Salmon Stewardship Program

was initiated by the FWS in 1994. Program activities include angler

surveys, habitat surveys, and weir and trap installation and

maintenance. Consistent with the Services' mandate to consider efforts

being made to protect species in making listing determinations, the

Services have considered the following Federal and State conservation

efforts.

A. Federal Conservation Efforts

Narraguagus River Study

In 1991 the NMFS initiated an intensive juvenile population

monitoring program on the Narraguagus River in Maine. Juvenile

population estimates have been obtained annually at approximately 30

sites within the river. These data are then analyzed by the ASA and

NMFS to refine models for estimating drainage-wide parr abundance,

smolt recruitment, and adult return rates for wild Atlantic salmon.

Accurate estimates of juvenile populations will continue to greatly

enhance the ability to develop and refine effective management

strategies. Cooperative research on Atlantic salmon production

conducted by the Northeast Fisheries Science Center (NEFSC) and the ASA

has examined, in detail, production from the spawner to the pre-smolt

stage in the Narraguagus River. The NEFSC and ASA research has yielded

a 7-year time series with accurate adult counts and basin-wide pre-

smolt production indices (FWS and NMFS 1995). In 1997 the ASA and NEFSC

monitored outmigration of Atlantic salmon smolts in the Narraguagus

River with four rotary screw fish traps. More accurate estimates of

smolt production increases

wner to the pre-smolt

stage in the Narraguagus River. The NEFSC and ASA research has yielded

a 7-year time series with accurate adult counts and basin-wide pre-

smolt production indices (FWS and NMFS 1995). In 1997 the ASA and NEFSC

monitored outmigration of Atlantic salmon smolts in the Narraguagus

River with four rotary screw fish traps. More accurate estimates of

smolt production increases

the reliability of estimates of marine survival rates. Research has

confirmed that overwinter survival of pre-smolts is a critical phase in

Atlantic salmon population dynamics (FWS and NMFS 1995). Refinements in

these estimates may be critical to determining the mechanisms that

influence this life history stage. Five traps were utilized in 1997 as

part of a mark/recapture population study. This information provides a

baseline for studying the correlation between environmental conditions

and overwinter survival. In the future, if suspect relationships are

found, then the probable causes of mortality can be investigated, and

work can be undertaken to identify possible habitat rehabilitation or

enhancement that could increase survival to the smolt stage.

Data is being obtained by the NEFSC and the ASA on smolt emigration

mortality, movements and dispersal to provide more accurate estimates

of parameters that might influence early marine survival and ocean

movement patterns. Electrofishing is utilized to assess the survival of

stocked fry, to track parr populations over time, and to collect parr

for broodstock. A unique drainage-wide age 1+ parr population

assessment method (Basin-wide Geographic and Ecological Stratification

Technique, BGEST) has been developed for the Narraguagus River (FWS

1997). This drainage-wide approach was developed to overcome the

difficulties of comparing population data from individual sites when

those data do not account for juvenile salmon movements within each

drainage

unique drainage-wide age 1+ parr population

assessment method (Basin-wide Geographic and Ecological Stratification

Technique, BGEST) has been developed for the Narraguagus River (FWS

1997). This drainage-wide approach was developed to overcome the

difficulties of comparing population data from individual sites when

those data do not account for juvenile salmon movements within each

drainage.

River-Specific Stocking

In 1992 the ASA and the FWS implemented a Prelisting Recovery Plan

for the Atlantic salmon populations in the seven rivers DPS (Baum et

al. 1992). The highest priority identified in the Prelisting Recovery

Plan was the development of river-specific broodstocks which could be

utilized for restocking efforts in the rivers of concern. The

management goal established for the seven rivers was to maximize the

production of wild Atlantic salmon smolts by augmenting low wild

juvenile populations with hatchery-produced fry. River-specific

stocking was endorsed to protect the genetic integrity of remaining

salmon stocks and to increase the adaptability and survival of stocked

fry.

During the period 1992 to 1996, more than 4,000 wild-origin

Atlantic salmon parr were collected from 6 Maine rivers and raised to

maturity in freshwater. Each parr that survived to maturity resulted in

the production of approximately 1,000 feeding fry for restocking. The

survival rate from stocked fry to the parr stage is assumed to be

between 5 and 10 percent which means that between 50 and 100 parr will

replace each of the original parr collected (Baum, King, and Marancik

1996). Currently the majority of the nursery habitat in the Dennys,

Narraguagus, and Machias rivers is utilized as a result of extensive

fry stocking. Fry stocking began in 1996 in the East Machias and

Sheepscot rivers. Two year classes of immature parr are being held to

be used as broodstock for the Pleasant River. No collections have been

made on the Ducktrap River

Baum, King, and Marancik

1996). Currently the majority of the nursery habitat in the Dennys,

Narraguagus, and Machias rivers is utilized as a result of extensive

fry stocking. Fry stocking began in 1996 in the East Machias and

Sheepscot rivers. Two year classes of immature parr are being held to

be used as broodstock for the Pleasant River. No collections have been

made on the Ducktrap River. During 1995, approximately 1.5 million eggs

were produced from river-specific broodstock. The resulting 790,000 fry

were stocked in 5 rivers in May of 1996. More than 1.7 million eggs

were taken from broodstock from 5 rivers during the 1996 spawning

season which resulted in approximately 1.07 million fry for the 1997

stocking season.

Approximately 50,000 Machias River-origin eggs were transferred

from Craig Brook National Fish Hatchery to a private hatchery operated

by volunteers from the Pleasant River Fish and Game Conservation

Association and the Downeast Salmon Federation. The 34,000 fry which

resulted from this cooperative effort were stocked back into the

Machias River. Experimentation continued with otolith and elastomer

marking techniques. In addition to the stocking of fry, adult surplus

broodstock have been released to supplement the river populations.

Marked or tagged adults were released in the Narraguagus, Machias and

Dennys rivers in June 1997. Additional adults were released in the

Dennys, Machias and Narraguagus rivers in October 1997 to augment wild

spawning stock. Age 2 smolts were also released in the Dennys and

Machias rivers and were adipose fin clipped for identification when

they return in 2 years as adults to spawn.

Adult salmon counts are obtained on the Narraguagus River by a

permanent salmon trapping facility operated by the ASA since 1991 and

supplemented by analysis of videos to document any additional adults

that had jumped over the water control dam. A portable weir has been

operated on the Dennys River since 1992 and on the Sheepscot River from

1994 to 1996

return in 2 years as adults to spawn.

Adult salmon counts are obtained on the Narraguagus River by a

permanent salmon trapping facility operated by the ASA since 1991 and

supplemented by analysis of videos to document any additional adults

that had jumped over the water control dam. A portable weir has been

operated on the Dennys River since 1992 and on the Sheepscot River from

1994 to 1996. Angler data and redd counts also provide information

useful in assessing adult abundance. Difficult weather conditions in

1995 resulted in poor visibility and incomplete, or absent, redd count

data for most river reaches. Conditions were significantly better in

1996 and a total of 429 redds were counted in the 7 drainages, the

highest number since 1991. Not all redds can be attributed to wild

spawners, however, as captive broodstock were released to some of the

rivers. Redd counts on rivers that did not receive releases of captive

broodstock, with the exception of the Sheepscot River, were higher than

at any other time since 1992.

Watershed Characterization Project

Staff of the ASA have worked with the USGS and the Maine Geological

Survey to undertake a Sub-Watershed Characterization Study for the

Narraguagus River. The study utilizes digital data to create an

overview, maps, and data sheets for each sub-watershed which provide

information on the land cover composition, erosion potential,

hypsometric curve and Atlantic salmon habitat. This will lead to a

better understanding of the relationships between flows, water depths

and wetted habitat. For each of the 49 sub-watersheds, the percentage

of total spawning and nursery habitat within that sub-watershed, land

cover composition, wetland types, stream flow data, a hypsometric

curve, surficial geologic statistics and an erosion indicator will be

provided

tic salmon habitat. This will lead to a

better understanding of the relationships between flows, water depths

and wetted habitat. For each of the 49 sub-watersheds, the percentage

of total spawning and nursery habitat within that sub-watershed, land

cover composition, wetland types, stream flow data, a hypsometric

curve, surficial geologic statistics and an erosion indicator will be

provided.

Habitat Protection

Staff from the ASA and FWS have worked with private organizations

such as the National Fish and Wildlife Foundation and The Baker

Conservation Trust to acquire parcels of land to protect Atlantic

salmon habitat on the Ducktrap and Sheepscot rivers. The Coastal

Mountains Land Trust acquired 123 acres and over 1 mile of Ducktrap

River shoreline bordering spawning habitat. The Fish and Wildlife

Foundation acquired 2 additional parcels totaling 10.3 hectares

directly adjacent to spawning areas. The FWS, through its Partners for

Wildlife Program, dedicated funds to restore two damaged areas on the

Ducktrap River that are the sites of abandoned gravel quarries

identified as sources of siltation and sedimentation directly upstream

of spawning and rearing habitat. Funds were also contributed to this

effort by the Natural Resources Conservation Service, and the Ducktrap

Watershed Coalition. The gravel pit owner, the Ducktrap River

Coalition, and campers from the 4-H Tanglewood Camp provided expertise

and labor. Through a cooperative effort, a one-half-mile stretch of the

Dyer River, lacking vegetated buffer and being used as a cattle wallow,

is being restored and protected. This required working with the farmer

to identify alternative drinking water for his cattle,

ed Coalition. The gravel pit owner, the Ducktrap River

Coalition, and campers from the 4-H Tanglewood Camp provided expertise

and labor. Through a cooperative effort, a one-half-mile stretch of the

Dyer River, lacking vegetated buffer and being used as a cattle wallow,

is being restored and protected. This required working with the farmer

to identify alternative drinking water for his cattle,

constructing a fence along the stream, planting to establish a

vegetated buffer along the stream, and establishing pool and riffle

habitat in the stream.

Habitat and Juvenile Assessments

With the recognition that knowledge of habitat quantity and quality

is a prerequisite for effective management of Atlantic salmon

populations, intensive habitat inventories have been undertaken in

recent years. By the end of the 1997 field season, highly accurate

computerized data sets will be compiled for all seven rivers. These

data will be used to coordinate future redd counting, parr collecting,

and fry stocking activities. The planning and logistics of stocking a

large number (850,000) of fry in the 7 drainages has been facilitated

by a geographic information system. These data are also being made

available to other agencies and interested parties for land

conservation and management. An atlas was produced for the Machias

River for use during fry stocking. In addition, maps were produced for

redd count activities on the Dennys, Machias, Narraguagus, Pleasant,

and Sheepscot rivers. A separate pilot project was undertaken to

consolidate data from multiple sources into an overview of the

hydrological characteristics for each sub-basin within the Narraguagus

River watershed. The next step will be to identify factors that could

affect stream flow, water depth, and wetted habitat and to evaluate the

potential of those factors to affect habitat suitability and production

potential

rate pilot project was undertaken to

consolidate data from multiple sources into an overview of the

hydrological characteristics for each sub-basin within the Narraguagus

River watershed. The next step will be to identify factors that could

affect stream flow, water depth, and wetted habitat and to evaluate the

potential of those factors to affect habitat suitability and production

potential. River temperatures were monitored extensively, and

investigations are ongoing to identify and understand the role of cold

water refugia.

Surveys to locate and breach beaver dams and debris dams were

conducted on each of the seven rivers. During the 1996 field season, a

total of 85 obstructions were recorded on the 7 rivers and their

tributaries. Seventy-four of these were located below spawning habitat

and were breached or removed at least once in October of 1996.

Breaching beaver dams and debris dams provided upstream passage to over

292 kilometers of river containing quality spawning and rearing

habitat. Breaching is timed just prior to spawning in order to provide

an adequate migration window for salmon. A significant number of redds

have been counted upstream from breached dams indicating a degree of

success from this management measure. This work was conducted again in

1997, and will continue in the future.

North American Salmon Conservation Organization

The NASCO is an international organization with the goal of

promoting the conservation, restoration, enhancement, and rational

management of Atlantic salmon stocks in the North Atlantic Ocean

through international cooperation. In 1993 the West Greenland

Commission adopted a 5-year scientifically-based quota-setting

agreement (West Greenland Commission 1993). At the Thirteenth Annual

Meeting of NASCO in 1996, the Commission was unable to agree upon a

quota utilizing that agreement due to differing interpretations of

agreement components. As a result, West Greenland unilaterally set a

quota which was higher than the scientists advised

eenland

Commission adopted a 5-year scientifically-based quota-setting

agreement (West Greenland Commission 1993). At the Thirteenth Annual

Meeting of NASCO in 1996, the Commission was unable to agree upon a

quota utilizing that agreement due to differing interpretations of

agreement components. As a result, West Greenland unilaterally set a

quota which was higher than the scientists advised. The United States

was very concerned about this departure and met with the other NASCO

parties prior to the Fourteenth Annual Meeting in 1997 to attempt to

reach agreement. In 1997 the Commission adopted an addendum to the 1993

agreement which maintains the scientific method for setting quotas but

allows for a reserve quota to be established in years of low abundance

(West Greenland Commission 1997). Accordingly, a reserve quota of 57

tons, much lower than quotas for previous years, was set for the 1997

fishery including local use and subsistence fisheries. The events in

1997 add assurance that the United States will be able to successfully

negotiate in the international forum to protect U.S. stocks on their

migration.

B. State Conservation Efforts

The designation of some Atlantic salmon populations as candidate

species under the Act and the subsequent receipt of a petition to list

them as endangered prompted additional interest in the species. The

forestry industry began Project SHARE, and other organizations such as

the Sheepscot Valley Conservation Association, the Ducktrap River

Coalition, and the Midcoast Atlantic Salmon Watershed Council were

founded as a result of this interest.

Atlantic Salmon Authority

The ASA was formed by the Maine Legislature in September 1995

replacing the Atlantic Sea Run Salmon Commission (ASRSC) which had been

in existence since 1945. The ASA is governed by the Atlantic Salmon

Board which consists of nine members appointed by the Governor

Coalition, and the Midcoast Atlantic Salmon Watershed Council were

founded as a result of this interest.

Atlantic Salmon Authority

The ASA was formed by the Maine Legislature in September 1995

replacing the Atlantic Sea Run Salmon Commission (ASRSC) which had been

in existence since 1945. The ASA is governed by the Atlantic Salmon

Board which consists of nine members appointed by the Governor. The ASA

has sole authority, except for those rights lawfully held by Maine's

Native American Indian Tribes, and responsibility to manage the

Atlantic salmon fishery in the State, including sole authority to

introduce Atlantic salmon into Maine inland waters. Sole authority for

the inland waters of the Dennys, East Machias, Machias, Pleasant,

Narraguagus, Ducktrap and Sheepscot rivers was transferred to the ASA

from the Task Force on July 1, 1997. The State-wide goal of the ASA is

to protect, conserve, restore, manage, and enhance Atlantic salmon

habitat, populations, and fisheries within historical habitat in Maine

(Baum et al. 1997).

Management activities outlined in the 1995 ASRSC plan (Baum 1995)

include restoration of self-sustaining runs of Atlantic salmon,

increasing natural reproduction of existing Atlantic salmon

populations, providing recreational angling opportunities and

compatible non-consumptive uses of Maine's Atlantic salmon resources,

improving fish passage for Atlantic salmon where there are natural and

artificial barriers to migration, establishing partnerships which will

benefit salmon restoration and management programs, and increasing

public awareness and broadening support for attainment of the ASA's

overall goal through development of a public education program

-consumptive uses of Maine's Atlantic salmon resources,

improving fish passage for Atlantic salmon where there are natural and

artificial barriers to migration, establishing partnerships which will

benefit salmon restoration and management programs, and increasing

public awareness and broadening support for attainment of the ASA's

overall goal through development of a public education program. The

Report of the Maine Atlantic Salmon Authority to the Joint Standing

Committee on Inland Fisheries and Wildlife (Baum and Atlantic Salmon

Board 1997), states: ``Many of the challenges facing restoration and

management of Atlantic salmon runs are found within the State of Maine,

including the following: inadequate or incomplete information and

biological data pertaining to salmon habitat and populations, upstream

and downstream fish passage at hydroelectric dams, land-use practices,

conflicts with other fishery programs, insufficient broodstock and

inadequate numbers of juvenile salmon for restocking efforts.''

The ASA is currently the sole management authority for Atlantic

salmon management in the State, and staff work with the Division of

Inland Fish and Wildlife and the Department of Marine Resources to

address areas of overlap. The Chair of the ASA Board now has a seat on

the board of the State's Land and Water Resources Council (Council). It

is through this venue that the ASA can address activities conducted,

funded or authorized by other State agencies to ensure that they do not

negatively impact Atlantic salmon. This is a very positive step that

recognizes the interrelationship of Atlantic salmon with other species

and its dependence on a healthy ecosystem.

the board of the State's Land and Water Resources Council (Council). It

is through this venue that the ASA can address activities conducted,

funded or authorized by other State agencies to ensure that they do not

negatively impact Atlantic salmon. This is a very positive step that

recognizes the interrelationship of Atlantic salmon with other species

and its dependence on a healthy ecosystem.

Conservation Plan

The Services' proposed rule (60 FR 50530) included a special 4(d)

rule inviting the State of Maine to develop a conservation plan for the

species. Following the publication of that proposed rule (60 FR 50530),

the Governor of Maine issued an Executive Order on October 20, 1995,

establishing the Task Force and charged it with preparation of a

conservation plan for the protection and recovery of Atlantic salmon

populations in the seven rivers. The Task Force included scientists,

academics, State employees, Native American sustenance fishers,

conservationists and private citizens. The Task Force was organized

into the following six working groups: genetics, aquaculture,

agriculture, forestry, recreational fisheries, and the four rivers

group to address four rivers (Kennebec River, Penobscot River, St.

Croix River and Tunk Stream) containing Atlantic salmon populations

which had been identified by the Services in the proposed rule (60 FR

50530) as candidates for listing.

The stated intent of the Conservation Plan is to minimize human

impacts on the Atlantic salmon and to restore the species with the

involvement of the citizens who know and use the resources in the

watersheds. The introduction to the Conservation Plan states that this

collaborative approach to protection and rehabilitation of Atlantic

salmon is vital to maintaining the commitment of Maine citizens to the

conservation of the species

an is to minimize human

impacts on the Atlantic salmon and to restore the species with the

involvement of the citizens who know and use the resources in the

watersheds. The introduction to the Conservation Plan states that this

collaborative approach to protection and rehabilitation of Atlantic

salmon is vital to maintaining the commitment of Maine citizens to the

conservation of the species.

The Conservation Plan identifies the following factors that affect

juvenile, adult, and migratory smolt survival in rivers and streams:

Stream hydrology, seasonal water temperatures, pH, dissolved oxygen,

streambed characteristics, food availability, competition, predation,

pollution, recreational angling, and illegal harvest. Factors

influencing survival of salmon at sea include water temperature, food

availability, competition, predation, and commercial fisheries. The

Conservation Plan includes ongoing and proposed actions to reduce

potential threats to Atlantic salmon and its habitat. These actions are

discussed below.

1. Agriculture: The Conservation Plan identifies a wide range of

agricultural activities that take place in the seven river watersheds

including dairy, hay, silage corn, horse, sheep, beef cattle, and

Christmas tree operations; production of vegetables, blueberries, and

cranberries; landscape and horticultural operations; and peat mining.

Wild blueberry culture is the primary form of agriculture in the five

Washington County watersheds (Narraguagus, Pleasant, Machias, East

Machias and Dennys rivers). The only active peat mine is located in the

Narraguagus River watershed. Livestock production is the predominant

form of agriculture in the Sheepscot River watershed.

The Conservation Plan groups agricultural activities that could

affect Atlantic salmon habitat into three groups: Water use (including

irrigation and use and disposal of process water), agricultural

practices (non-point source pollution caused by crop production), and

peat mining

us River watershed. Livestock production is the predominant

form of agriculture in the Sheepscot River watershed.

The Conservation Plan groups agricultural activities that could

affect Atlantic salmon habitat into three groups: Water use (including

irrigation and use and disposal of process water), agricultural

practices (non-point source pollution caused by crop production), and

peat mining. The Conservation Plan identifies ongoing actions to

address these potential threats: integrated crop management and best

management practices for blueberry and cranberry production; a Coastal

Zone Management program to protect water quality; a State pesticide

management plan for protection of ground water; a State hexazinone

management plan for protection of ground water; and soil and water

conservation district programs offering technical support to farmers

utilizing best management practices to reduce non-point source

pollution.

The Conservation Plan proposes additional actions for enhanced

protection: development and implementation of total water use

management plans for each watershed; development of a watershed

specific non-point source pollution control program for the Sheepscot

River; targeted integrated crop management programs and promotion of

best management practices to further reduce potential threats from

pesticide use and non-point source pollution; identification of

wetlands with functions important for maintaining the integrity of

Atlantic salmon habitat; enhancement of the Board of Pesticide Control

programs that evaluate and mitigate the threats to Atlantic salmon

associated with pesticide use; improvement of the permit review process

and standards for erosion control for peat mines; and evaluation of the

threat to Atlantic salmon from water quality changes associated with

peat mining

or maintaining the integrity of

Atlantic salmon habitat; enhancement of the Board of Pesticide Control

programs that evaluate and mitigate the threats to Atlantic salmon

associated with pesticide use; improvement of the permit review process

and standards for erosion control for peat mines; and evaluation of the

threat to Atlantic salmon from water quality changes associated with

peat mining. The Conservation Plan concludes that these new actions,

implemented through cooperative efforts of watershed steering

committees, in conjunction with existing programs, laws, and

regulations, will protect Atlantic salmon habitat quantity and quality.

Interest in expansion of the cranberry industry in Maine increased

during the development of the Conservation Plan, and all parties

involved in the review of these proposals are working cooperatively, in

compliance with the Conservation Plan, to examine these proposals for

their potential effect on Atlantic salmon. The Services expect that new

activities which could potentially impact Atlantic salmon will be

proposed. These activities will be addressed using the collaborative

and cooperative approach endorsed in the Conservation Plan. In

monitoring the success of the Conservation Plan, the Services will

assess how effectively new issues are being addressed.

2. Aquaculture: The Conservation Plan states that potential threats

to salmon from aquaculture include: disease and parasite transmission

from farmed fish to wild fish; reduction of survival fitness as a

result of escaped farmed fish interbreeding with wild fish; disruption

of the incubation of wild salmon eggs by redd superimposition (redd

formation by an escaped farmed fish on top of a redd constructed by a

wild fish); or competition for food and space in river habitats from

escaped juvenile farmed fish

parasite transmission

from farmed fish to wild fish; reduction of survival fitness as a

result of escaped farmed fish interbreeding with wild fish; disruption

of the incubation of wild salmon eggs by redd superimposition (redd

formation by an escaped farmed fish on top of a redd constructed by a

wild fish); or competition for food and space in river habitats from

escaped juvenile farmed fish. The Conservation Plan further noted that

potential threats from poor husbandry practices in freshwater fish

culture operations could affect wild salmon in the Sheepscot, Pleasant

and East Machias rivers. Current actions addressing these potential

threats identified in the Conservation Plan include: State, Federal and

New England fish health inspection protocols; vaccination of farmed

fish prior to stocking in sea cages; enforcement of private insurance

standards; harvesting of farmed salmon (with the exception of

commercial broodstock) prior to the onset of maturation; escape control

measures including careful site selection, regular equipment

maintenance and storm preparation procedures; minimization of seal-

induced escapement through the use of predator nets and acoustic and

visual deterrent devices; and minimization of farmed juvenile salmon

escapes through screening of water intakes and discharges of freshwater

culture facilities.

Additional proposed measures to enhance protection include:

Development of an emergency disease eradication program; expansion of

the ongoing epidemiological monitoring program; creation of a fish

health code of practices and a code of containment (for culture in

freshwater and sea cage sites); participation in a river-specific

rearing program; construction and operation of weirs to aid in research

and management and to cull aquaculture escapees; development of a

marking system for farmed fish to assist in distinguishing them from

wild fish at

al monitoring program; creation of a fish

health code of practices and a code of containment (for culture in

freshwater and sea cage sites); participation in a river-specific

rearing program; construction and operation of weirs to aid in research

and management and to cull aquaculture escapees; development of a

marking system for farmed fish to assist in distinguishing them from

wild fish at

the weirs; and research into seal behavior around cages.

The construction of weirs will allow the collection of data on

returning adults, collection of broodstock, and exclusion of

aquaculture escapees. The FWS has secured funding for the construction

of three weirs on the Dennys, Machias and East Machias rivers, and

currently the design of those weirs is being finalized. The weirs will

be constructed with state-of-the-art technology and will operate

continuously and effectively without compromising the ability of wild,

river-specific Atlantic salmon to migrate upriver or out to sea.

3. Forestry: Forestry is the dominant land use in five of the seven

watersheds. Forestry-related actions proposed in the Conservation Plan

are designed to build upon present regulations and initiatives, and,

therefore, provide incremental improvements to existing Atlantic salmon

protection. These actions will help to reduce non-point source

pollution, alteration of stream temperatures and hydrology, direct

disturbance of salmon habitat, blockage of fish passage with poorly

designed road crossings, and deposition of woody debris in streams

ed to build upon present regulations and initiatives, and,

therefore, provide incremental improvements to existing Atlantic salmon

protection. These actions will help to reduce non-point source

pollution, alteration of stream temperatures and hydrology, direct

disturbance of salmon habitat, blockage of fish passage with poorly

designed road crossings, and deposition of woody debris in streams.

The Conservation Plan identifies current efforts to address

potential threats to Atlantic salmon and their habitat from forestry

activities: Project SHARE, a private non-profit organization dedicated

to conserving and enhancing Atlantic salmon habitat; Sustainable

Forestry Initiative, a forestry industry effort to promote a wide range

of values in forest management decisions; riparian management zones;

Champion International's self-imposed, restrictive management standards

for timber operations near streams and rivers; Maine's non-point source

pollution control program; code enforcement training and local

shoreland zoning technical assistance; and the Sheepscot Valley

Conservation Organization and the Ducktrap River Coalition.

The Conservation Plan also identifies proposed actions to enhance

protection which include: control of non-point source pollution by

increased coordination among State agencies, municipalities, industry

and local volunteers to increase compliance with prescribed best

management practices through education and enforcement; protection of

important habitat through conservation agreements; education of logging

contractors and resource managers to raise awareness about the

importance of maintaining riparian shade trees; increasing State

enforcement of regulations and monitoring of harvesting activities near

streams; the Maine Department of Environmental Protection (DEP), the

Board of Pesticide Control and the ASA will review the geographic usage

of pesticides in the seven watersheds and the DEP will target areas for

in-stream assessment; the Board of Pesticide Control will work

ntaining riparian shade trees; increasing State

enforcement of regulations and monitoring of harvesting activities near

streams; the Maine Department of Environmental Protection (DEP), the

Board of Pesticide Control and the ASA will review the geographic usage

of pesticides in the seven watersheds and the DEP will target areas for

in-stream assessment; the Board of Pesticide Control will work

cooperatively with the Cooperative Extension Service and the Department

of Agriculture Food and Rural Resources to update pesticide best

management practices based on the latest research and to promote these

practices in the seven river watersheds; and the Board of Pesticide

Control will adjust State pesticide regulations to eliminate any

threats to Atlantic salmon.

4. Recreational Fishing: The Conservation Plan states that until

recently the greatest threat to Atlantic salmon was legal harvest

through directed fishing but that currently only catch and release

fishing is allowed. It states that mortality can occur from a directed

catch and release fishery but cites new data from several reports that

suggest a carefully designed and regulated catch and release fishery

will have little impact on the species. The Conservation Plan states

that poaching is a continuing problem. In addition, the Conservation

Plan states that the number of Atlantic salmon killed each year as a

result of recreational fishing for other freshwater and estuarine

species is estimated to be very small. The Plan proposes additional

steps to further minimize, if not eliminate, the risk of an accidental

bycatch. To address these threats, no direct harvest of Atlantic salmon

will be permitted and recreational fishing regulations will be

enforced.

The ASA adopted new angling regulations, which became effective on

June 30, 1997, in an effort to reduce the potential mortality of

Atlantic salmon that are caught and released during periods of high

water temperature

ate, the risk of an accidental

bycatch. To address these threats, no direct harvest of Atlantic salmon

will be permitted and recreational fishing regulations will be

enforced.

The ASA adopted new angling regulations, which became effective on

June 30, 1997, in an effort to reduce the potential mortality of

Atlantic salmon that are caught and released during periods of high

water temperature. The Maine Department of Inland Fisheries and

Wildlife also promulgated regulations to close specific areas of rivers

from fishing for all species to protect Atlantic salmon. The Maine

Department of Inland Fisheries and Wildlife and the Maine Department of

Marine Resources have filled two new warden positions devoted to

Atlantic salmon on the seven rivers. They will provide a law

enforcement presence on the rivers and collect valuable information

about habitat and angling trends which will be reported weekly. The

Maine Land Use Regulation Commission is pursuing enforcement (fines and

reparation) of two separate violations related to clearing vegetation

in riparian areas along the Narraguagus River.

The Conservation Plan proposes additional protective actions, some

of which have been implemented. These include: modifying the catch and

release program for Atlantic salmon to further restrict dates, location

and gear allowed; instituting a reporting and monitoring program to

better estimate any incidental take; restricting anglers to the use of

artificial lures only; requiring a minimum length for all trout of 8

inches in the mainstem and major tributaries of all 7 rivers; requiring

a maximum length for brown trout (Salmo trutta) and landlocked salmon

of 25 inches within the Sheepscot River and estuary; requiring a

maximum length of 25 inches for landlocked salmon within all Washington

County waters, except West and Grand lakes; eliminating size and bag

restrictions on black bass (Micropterus sp.), a predator of juvenile

Atlantic salmon, on the Dennys River and Cathance Stream; when

justified, closin

t (Salmo trutta) and landlocked salmon

of 25 inches within the Sheepscot River and estuary; requiring a

maximum length of 25 inches for landlocked salmon within all Washington

County waters, except West and Grand lakes; eliminating size and bag

restrictions on black bass (Micropterus sp.), a predator of juvenile

Atlantic salmon, on the Dennys River and Cathance Stream; when

justified, closing cold water adult Atlantic salmon holding areas to

all fishing; and finally, increasing penalties for poaching.

5. Other Natural and Human Related Threats: The Conservation Plan

identifies additional actions that could affect Atlantic salmon:

Commercial harvest of suckers (Castostomus commersoni), eels, elvers

(young eels), and alewives (Alosa pseudoharengus); interbreeding among

wild Atlantic salmon, landlocked salmon, brown trout, and salmon which

have escaped from inland hatcheries; predation on juveniles by splake

(lake trout (Salvelinus fontanilis) x brook trout (S. namaycush)) and

brown trout; predation by cormorants on migrating smolts; predation by

seals on returning adults; beaver dam blockage of migration routes and

flooding salmon habitat; residential development and gravel mining

operations; and possibly restricted passage at the Cooper's Mills Dam

on the Sheepscot River.

Current actions addressing these potential threats were identified

as follows: Monitoring of the bycatch of commercial fisheries;

placement of a moratorium on new eel weirs; stricter regulation of

elver fisheries; enforcement of commercial fishing regulations;

breaching of beaver dams in the fall; expansion of the beaver trapping

season; enforcement of municipal shoreland zoning restrictions;

development of municipal comprehensive plans and institution of local

ordinances designed to steer development away from sensitive resources

and to manage the effects of gravel mining and development;

implementation of a surface water

ial fishing regulations;

breaching of beaver dams in the fall; expansion of the beaver trapping

season; enforcement of municipal shoreland zoning restrictions;

development of municipal comprehensive plans and institution of local

ordinances designed to steer development away from sensitive resources

and to manage the effects of gravel mining and development;

implementation of a surface water

ambient toxic monitoring program by the DEP; evaluation of the Dennys

River Superfund site; and toxic removal action at Smith Junk Yard.

Additional actions proposed for enhancing protection include:

Placing exclusion panels on elver nets; instituting a moratorium on

commercial sucker harvesting in freshwater on the seven rivers;

monitoring other salmonid populations that could interbreed with

Atlantic salmon; screening the outlet of Meddybemps Lake to prevent the

drop down of landlocked salmon during the spawning season; screening

the outflows of hatcheries to prevent escapement of small salmon and

trout; evaluating the impact of splake, brown trout, cormorant and seal

predation; identifying and rectifying fish passage problems at Cooper's

Mills Dam; evaluating the Eastern Surplus Superfund site at Meddybemps

Lake; and instituting a moratorium on the disposal of toxic materials

at Smith Junk Yard.

The Conservation Plan concludes that the key to successfully

providing for the needs of Atlantic salmon, other fisheries resources,

agriculture, and forestry is watershed planning. The Conservation Plan

uses specific watershed councils, which include all interested

stakeholders (State and Federal agencies, conservation groups,

industries, towns, landowners, etc.), to guide and oversee Atlantic

salmon conservation activities related to land use and other activities

within each watershed. The Sheepscot River Watershed Council was

organized in the spring of 1996 and immediately began addressing

agricultural non-point source pollution within that watershed

stakeholders (State and Federal agencies, conservation groups,

industries, towns, landowners, etc.), to guide and oversee Atlantic

salmon conservation activities related to land use and other activities

within each watershed. The Sheepscot River Watershed Council was

organized in the spring of 1996 and immediately began addressing

agricultural non-point source pollution within that watershed. The

Ducktrap Coalition is addressing a variety of conservation issues

within that watershed, and the Midcoast Atlantic Salmon Watershed

Council was established to coordinate planning on the Ducktrap and

Sheepscot rivers. Two new local watershed councils have been formed on

the Sheepscot and Pleasant rivers.

Project SHARE has coordinated conservation efforts on the five

Downeast rivers since 1994. Local angler groups are present on all of

the rivers and are very active in salmon conservation. Project SHARE

continues to provide support for Atlantic salmon conservation and

serves as a valuable forum for exchanging ideas and resolving

conservation issues. Specific examples of work Project SHARE has

undertaken include: A temperature monitoring study on five rivers; the

design of a prototype trap to improve collection at the Dennys River

weir; repair of the fish ladder, gate, and screen at Meddybemps Lake;

upgrading the Pleasant River Hatchery and Education Center; and

training of land managers and foresters on salmon biology and

management. Champion International, a significant landowner in five of

the seven watersheds, has instituted riparian management standards that

exceed the regulatory standards enforced by the State. The U.S.

Environmental Protection Agency (EPA) is currently completing

preliminary assessment work on the Eastern Surplus Superfund site at

Meddybemps Lake, and the DEP is investigating the nearby Smith Junk

Yard site for contaminants migrating into the Dennys River.

6

e seven watersheds, has instituted riparian management standards that

exceed the regulatory standards enforced by the State. The U.S.

Environmental Protection Agency (EPA) is currently completing

preliminary assessment work on the Eastern Surplus Superfund site at

Meddybemps Lake, and the DEP is investigating the nearby Smith Junk

Yard site for contaminants migrating into the Dennys River.

6. Monitoring and Implementation: The Conservation Plan is complex

and will require the commitment from and cooperation of numerous State,

private and Federal entities to succeed. The Services intend to conduct

thorough monitoring of plan implementation. This oversight will be

accomplished through membership in various groups and by inspecting

projects, attending ASA and Project SHARE meetings, and remaining in

contact with Maine officials. Beginning in 1998, the FWS will have

additional staff to accomplish these tasks. The Services also

anticipate relying on the expertise of the Technical Advisory Committee

(TAC) of the ASA to continue to assess the salmon's status and needs.

The Conservation Plan recognizes that the continued rehabilitation

of Atlantic salmon in the seven rivers will depend on partnerships

between State and Federal agencies and private sector groups. The

Council is responsible for the implementation and monitoring of the

Conservation Plan and will supervise the Conservation Plan Coordinator,

in consultation with the ASA. Because its members include the

Commissioners from all the natural resource and development related

agencies in Maine, the Council can affect State-wide policy and direct

State agency actions. An Atlantic Salmon Committee has been formed

under the Council, and the Chair of the ASA is as a full voting member

of that Committee.

During the Services' second reopened comment period, the State of

Maine submitted a report which provided an update on progress in

implementation of the Conservation Plan

cies in Maine, the Council can affect State-wide policy and direct

State agency actions. An Atlantic Salmon Committee has been formed

under the Council, and the Chair of the ASA is as a full voting member

of that Committee.

During the Services' second reopened comment period, the State of

Maine submitted a report which provided an update on progress in

implementation of the Conservation Plan. The Maine State Legislature

approved and funded a Conservation Plan Coordinator at the State

Planning Office and an Atlantic salmon biologist at the ASA. State

agencies have been advised of their responsibilities under the

Conservation Plan and are planning for the implementation of their

respective responsibilities. The Conservation Plan contains a 5-year

monitoring and implementation schedule that will allow the Conservation

Plan Coordinator to assess progress toward achievement of goals. The

Council, with the assistance of the Conservation Plan Coordinator, will

provide annual reports of Conservation Plan activities and results from

each watershed. Information for that report will be solicited from the

ASA, State agencies, private organizations and watershed councils.

Monitoring reports will be organized under the following four headings:

habitat protection, habitat enhancement, species protection, and

fishery management. The Services will make these reports available for

public review and comment.

Finding and Withdrawal

ach watershed. Information for that report will be solicited from the

ASA, State agencies, private organizations and watershed councils.

Monitoring reports will be organized under the following four headings:

habitat protection, habitat enhancement, species protection, and

fishery management. The Services will make these reports available for

public review and comment.

Finding and Withdrawal

Section 4(b)(1)(a) of the Act provides that the Secretaries of

Interior and Commerce shall make listing determinations solely on the

basis of the best scientific and commercial data available and after

taking into account those efforts being made by any State or foreign

nation to protect such species. The Services have considered the

current status of the seven rivers DPS of Atlantic salmon and have

taken into account the efforts being made to protect the species

including development of the Conservation Plan, the extent of

implementation of the Conservation Plan to date, private and Federal

efforts to restore the species, and international efforts to control

ocean harvest through NASCO. The Services believe that ongoing actions,

including those identified in the Conservation Plan, have substantially

reduced threats to the species and that these ongoing actions, together

with additional planned actions, will facilitate the continued

rehabilitation of the seven rivers DPS. Consequently, the Services find

that the seven rivers DPS of Atlantic salmon is not likely to become

endangered in the foreseeable future and that, therefore, listing is

not warranted at this time.

In addition, because the possibility exists that other populations

of Atlantic salmon could be added to the seven rivers DPS in the

future, and for purposes of future conservation activities, the

Services are renaming the seven rivers DPS the Gulf of Maine DPS

antic salmon is not likely to become

endangered in the foreseeable future and that, therefore, listing is

not warranted at this time.

In addition, because the possibility exists that other populations

of Atlantic salmon could be added to the seven rivers DPS in the

future, and for purposes of future conservation activities, the

Services are renaming the seven rivers DPS the Gulf of Maine DPS. Other

populations of Atlantic salmon will be added to the Gulf of Maine DPS

if they are found to be naturally reproducing and to have historical,

river-specific characteristics. The area within which populations of

Atlantic salmon meeting the criteria for inclusion in the DPS are most

likely to

be found is from the Kennebec River north to, but not including, the

St. Croix River. The Services believe that the populations in Togus

Stream, a tributary to the Kennebec River, and Cove Brook, a tributary

to the Penobscot River, may warrant inclusion in the Gulf of Maine DPS.

Further investigation of these and other extant river populations from

the Kennebec River north to, but not including, the St. Croix River

will continue in order to determine if they meet the criteria for

inclusion in the DPS.

The Conservation Plan was developed for the seven rivers DPS of

Atlantic salmon originally proposed for listing by the Services. The

Services will work with the State to determine the status of any other

populations of Atlantic salmon which may be added to the DPS in the

future and whether the Conservation Plan should be modified to address

any threats faced by any added populations.

The Conservation Plan calls for annual reporting of plan

implementation on a river-by-river basis. In order to inform interested

citizens and to give them an opportunity for comment, the Services will

make the annual reports available for review upon request and solicit

comments through a notice in the Federal Register and news releases

to address

any threats faced by any added populations.

The Conservation Plan calls for annual reporting of plan

implementation on a river-by-river basis. In order to inform interested

citizens and to give them an opportunity for comment, the Services will

make the annual reports available for review upon request and solicit

comments through a notice in the Federal Register and news releases.

The Conservation Plan identifies numerous ongoing and planned

actions for the protection and rehabilitation of the seven rivers DPS

of Atlantic salmon. Modifications to the recreational fishery including

the addition of wardens, shortened seasons and gear restrictions are

already being implemented. The Services are seeking additional

refinements to the catch and release program to further remove the

likelihood of mortality including closure of some of the rivers when

biological conditions warrant closure. The Services have received a

commitment by the State that such modifications will be in place prior

to the 1998 angling season. Efforts to minimize impacts from

aquaculture include institution of the most stringent fish health

regulations in the country, weir construction on several rivers,

development of a code of practices, and continued research on marking

and triploidy. The Services will continue to monitor the development of

a code of practice for the aquaculture industry and its subsequent

implementation and assessment. The United States remains active in the

international forum for Atlantic salmon management, NASCO, and the

parties have endorsed scientific establishments of quotas to protect

U.S. fish during their migration. Numerous other tasks dealing with

agriculture, forestry, recreational fishing for other species, outreach

and education, were discussed in the ``Factors Affecting the Species''

and the ``Efforts to Protect Maine Atlantic Salmon'' sections of this

notice

tic salmon management, NASCO, and the

parties have endorsed scientific establishments of quotas to protect

U.S. fish during their migration. Numerous other tasks dealing with

agriculture, forestry, recreational fishing for other species, outreach

and education, were discussed in the ``Factors Affecting the Species''

and the ``Efforts to Protect Maine Atlantic Salmon'' sections of this

notice. The development of river specific stocks, ongoing habitat

assessment work, establishment of watershed councils, juvenile survival

studies, and conversion of Craig Brook Hatchery further support the

Services' finding that listing is not justified at this time.

Endangered Species Act Oversight

The process for listing Maine Atlantic salmon under the Act will 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 future throughout

all or a significant portion of its range.

The circumstances described under 1, 2, and 3 above could be a

result of: insufficient progress in implementation of the Conservation

Plan; a failure to modify the Conservation Plan to address a new

threat(s) or an increase in the severity of a threat(s); a failure to

modify the Conservation Plan, if necessary, to address a 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 a threat(s)