July 5, 2008

United States Fish and Wildlife Service

National Office

Division of Policy and Directive's Management

4401 N. Fairfax Drive, Suite 222

Arlington, VA 22203

RE: Comments by Snoqualmie Tribe and Trout Unlimited groups in Response
to Notice of 12-Month Status Review on Petition for listing of Lake
Sammamish Kokanee.

**[Comments by the Snoqualmie Tribe to the 90-Day Finding on the
Petition to List the Kokanee (Oncorhynchus nerka) in Lake Sammamish,
Washington, as Threatened or Endangered]{.underline}**

FWS-R1-ES-2008-0048; 1111 FY07 MO B2

June 24, 2008

In July of 2007, several co-petitioners petitioned the US Fish and
Wildlife Service (FWS) for protection of the Lake Sammamish kokanee
under the Endangered Species Act (ESA), 16 U.S.C. §§ 1531-1544 (1973).
On Tuesday, May 6, 2008, the FWS published notice in the Federal
Register indicating that, based on the petition, substantial information
exists to warrant further review and it solicited any additional
information and data regarding this species. We are pleased that FWS
will undertake this review and believe that convincing data exists to
support the conclusion that the kokanee's biological vulnerability is
such that a listing is warranted for this species.

In addition to the information presented in our original petition for
listing (dated July 2007), The Snoqualmie Indian Tribe and Trout
Unlimited respectfully submit the following additional information for
consideration during the 12-month review process:

-   2007/08 Spawner Survey Data and Summary collected by Washington
    Department of Fish and Wildlife (WDFW);

-   2008 Fry trap data collected by Trout Unlimited

-   Additional comments related to proposed urban development

We provide these comments and new information in support of the FWS's
initial finding that listing the Lake Sammamish Kokanee population as
endangered or threatened under ESA may be warranted and we urge the
Secretary of the Interior (hereafter referred to as "Secretary") to make
his 12-month status review in accordance with this initial
determination.[^1]

**I. SUMMARY**

When Congress enacted the ESA, it made a commitment to conserve and
protect those species facing serious threats to their continued
existence, stating clearly that it is "the policy of Congress that all
Federal departments and agencies shall seek to conserve endangered
species and threatened species and shall utilize their authorities in
furtherance of the purposes" of the ESA. 16 U.S.C. § 1531(c)(1). The
native kokanee population of Lake Sammamish, Washington, (hereafter
referred to as the Lake Sammamish Population) a formerly plentiful
resident fish, today stands on the brink of extinction. In the past, the
Lake supported three distinct runs of native kokanee, an early/
summer-run, a middle/ fall-run, and a late/ winter run. Petition from
the Petitioners to the U.S. Fish and Wildlife Serv. to List the Lake
Sammamish Kokanee (Oncorhynchus nerka) as Threatened or Endangered Under
the Fed. Endangered Species Act, at 8 (June 29, 2007) (hereinafter
referred to as the \"Petition\") (on file with U.S. Fish and Wildlife
Service). Today the only viable run occurs in the winter; the early run
is already considered functionally extinct and, although more
investigation is needed, the middle run might also have met the same
fate. Berge, Hans B., and Kollin Higgins. 2003. The Current Status of
Kokanee in the Great Lake Washington Watershed. King County Dept. of
Natural Resources and Parks, Water and Land Resources Division. Seattle,
WA. October 2003. 50 pp. at i, 6.

To aid in the determination of whether the Lake Sammamish Population
warrants classification as endangered or threatened under the ESA, the
Snoqualmie Tribe and Trout Unlimited submit these comments to the
Secretary and request that he find: (1) that the Lake Sammamish
Population represents a Distinct Population Segment (DPS) and is thus a
listable species under the ESA; (2) that the best scientific and
commercial data supports the conclusion that the Lake Sammamish
Population warrants designation as endangered or threatened based upon
the five listing factors established by the ESA; and (3) that the Lake
Sammamish Population holds cultural significance to the Snoqualmie
people, which although incapable of scientific measure, is worthy of
protection as well. Additionally, we request that the Secretary propose
designated critical habitat for this species as part of any listing
determination.

**II. COMMENTS**

**[A. The Lake Sammamish Population constitutes a DPS and is eligible
for listing under the ESA]{.underline}**

Species being considered for possible designation as endangered or
threatened must first meet the requirements of the statutory definition.
The ESA defines species as including "any subspecies of fish or wildlife
or plants, and any distinct population segment of any species of
vertebrate fish or wildlife which interbreeds when mature." 16 U.S.C. §
1532(16). Three elements are considered when assessing whether a
candidate species represents a distinct population segment. Those
elements are: (1) the discreteness of the population segment in relation
to the rest of its taxon; (2) the significance of the population segment
to its taxon; and (3) the population segment's conservation status as
determined by the five listing factors under the ESA § 1533(a)(1). 61
Fed. Reg. 4722, 4725 (1996).

**1. Discreteness**

A population segment can meet the discreteness requirement if it is
either (1) "markedly separated" from other populations of the same taxon
in terms of physical, physiological, ecological, or behavioral factors,
as evidenced by genetic or morphological discontinuity, or (2) delimited
by international boundaries, resulting in significant differences in
control of exploitation, management of habitat, conservation status, or
regulatory mechanisms. *Id*.

The Lake Sammamish Population differs ecologically, genetically, and
physiologically from both the kokanee populations that have been
introduced into Lake Sammamish, those artificially produced as well as
the wild non-native populations, and also from its anadromous relative,
the sockeye, which spends time in the Lake Washington-Sammamish
watershed as well. Petition at 11, 12. First, the Lake Sammamish
Population's ecological discreteness is evidenced by its unique
three-run spawning cycle. *Id*. at 13. Although two of the three runs
are now considered functionally extinct, all three have been included in
the petition since possible remnants of the now extinct runs are crucial
to the recovery of the Lake Sammamish Population. Second, studies have
also shown that the runs are genetically discrete relative to each other
and to other kokanee and sockeye populations throughout the West. *Id*.
Third, there is also evidence of physiological differences among the
Lake Sammamish Population. *Id*. Relying on historic data for the two
extinct runs, studies show that the three run timings display different
average lengths, each one corresponding to their unique ecological
settings. *Id*. Finally, it appears that both the wild and artificially
produced kokanee that have been introduced into the Lake from other
watersheds have been unable to persist in Lake Sammamish as evident by
the absence of a genetic signal from those introduced populations. *Id*.
This highlights the Lake Sammamish Population's high degree of
adaptability to the particular ecological circumstances of its
surroundings. Taken together, this data supports the conclusion that the
Lake Sammamish Population fulfills the discreteness requirement.

**2. Significance**

Once a species has been designated as discrete, its biological and
ecological significance is then evaluated in accordance with the
Congressional decree "that the authority to list DPS's be used
'sparingly' while encouraging the conservation of genetic diversity." 61
Fed. Reg. at 4725. Consideration is given, but not limited to, the
following factors:

> 1\. Persistence of the discrete population segment in an ecological
> setting unusual or unique for the taxon;
>
> 2\. Evidence that the loss of the discrete population segment would
> result in a significant gap in the range of the taxon;
>
> 3\. Evidence that the discrete population segment represents the only
> surviving natural occurrence of a taxon that may be more abundant
> elsewhere as an introduced population outside its historic range; or
>
> 4\. Evidence that the discrete population segment differs markedly
> from other populations of the species in its genetic characteristics.

*Id*. This is a case by case analysis that should rely upon the best
scientific and commercial data available. 16 U.S.C. § 1533(b)(1)(A).
However, when making such a determination the Secretary "may not ignore
evidence simply because it falls short of absolute scientific
certainty." *N.W. Ecosystem Alliance v. U. S. Fish and Wildlife Serv.*,
475 F.3d 1136 (9th Cir. 2007).

The best scientific and commercial data available supports the
conclusion that the Lake Sammamish Population is significant to the
species to which it belongs. First, as discussed above, the three Lake
Sammamish Population cycles have shown the ability to persist in their
unique ecological settings whereas other introduced kokanee populations
have been unable to obtain a lasting foothold. Petition at 13. Second,
taking into consideration both the apparent inability of other
non-native kokanee populations to persist in the Lake Sammamish system
and the functional extinction of two of the three spawning cycles, the
loss of the third cycle poses a significant threat to the continued
existence of kokanee in the Lake Washington-Sammamish watershed. *Id*.
The loss of the remaining cycle would create a significant gap in the
range of the taxon. Third, as mentioned above, studies show that the
three groups comprising the Lake Sammamish Population differ genetically
in relation to each other, and in relation to other kokanee populations.
*Id*. Since preservation of genetic diversity is one of Congress' stated
goals, preserving the ecologically and genetically distinct and
significant Lake Sammamish Population would help to accomplish such a
task. 61 Fed. Reg. at 4423.

Given the scientific evidence in support of the Lake Sammamish
Population's classification as both discrete and significant to its
taxon, a conclusion given initial support by the FWS, 73 Fed. Reg. 24915
(May 6, 2008), its designation as a DPS is warranted.

**[B. The Lake Sammamish Population Warrants Designation as Endangered
or Threatened Based Upon the Five Listing Factors in the
ESA]{.underline}**

After establishing that the species in question is eligible for listing
under the ESA, the Secretary shall then determine whether the species is
endangered or threatened based upon the following five factors: (A) the
present or threatened destruction, modification, or curtailment of its
habitat or range; (B) overutilization for commercial, recreational,
scientific, or educational purposes; (C) disease or predation; (D) the
inadequacy of existing regulatory mechanisms; or (E) other natural or
manmade factors affecting its continued existence. 16 U.S.C. §
1533(a)(1). The Secretary is to make this determination based solely
upon the best scientific and commercial data available to him after
conducting a status review of the species and after giving consideration
to those efforts, if any, being made by any State, foreign nation, or
political subdivision thereof, to protect the species. 16 U.S.C. §
1533(b)(1)(A). The FWS, in its initial evaluation of the Lake Sammamish
Population along these five factors, concluded that the listing of this
DPS may be warranted, and the Petitioners believe that this conclusion
is supported by the scientific evidence. 73 Fed. Reg. at 24922.

**1. The Present and** **Threatened Destruction, Modification, and
Curtailment of the Lake Sammamish Population's Habitat and Range**

Perhaps the greatest threat to the survival of the Lake Sammamish
Population comes from the loss of habitat it has suffered, continues to
suffer, and is threatened to suffer in the future. The initial Petition
to list the Lake Sammamish Population identified 4 main alterations to
Lake Sammamish and its tributaries that have adversely affected the DPS:
(1) the loss and degradation of available kokanee habitat as a result of
the channelization of the Sammamish River for flood control; (2) the
degradation of lake and tributary water quality as a result of pollution
and continued urbanization; (3) the alteration of stream hydrology (ie,
water levels and temperatures) due to urbanization; and (4) the
inability of kokanee to access upstream spawning habitat due to manmade
fish passage barriers. Petition at 21-23. In addition to these manmade
alterations, climate change poses a serious threat to the ability of the
kokanee to survive in its remaining habitat (for a discussion of climate
change, see (B)(5)).

First, the major channelization of the Sammamish River that occurred
after Lake Washington was permanently connected to Puget Sound in 1917
transformed the once 28 mile meandering marshland into a narrow, steep
sided, and faster moving channel. *Id*. at 21. As a result, rearing
ponds and areas of slack water where the kokanee could take refuge from
predators were destroyed. *Id*. The continued alteration of the River
and its banks has led to increased sediment in the water, debris that
superimposes upon the kokanee's egg beds, or redds, leading to their
death. *Id*. Also, the channelization has resulted in a straightening of
the river, intensifying flooding and leading to the scattering of
kokanee redds and interference with potential spawning. *Id*. Impacts of
such alternations to the Lake Sammamish Population's habitat are
reflected in the dismal population figures for 2008. These impacts
create a new level of threat from otherwise naturally occurring
conditions owing to a reduced ability of streams to absorb natural
processes. The streams are flashier and faster in storm events -- an
impact which was clearly seen on December 3^rd^, 2007, when a winter
storm caused severe flood conditions in the Lake Sammamish tributaries,
washing out the bulk of the newly formed redds. The WDFW notes in its
2007/08 spawning survey report that it is "unlikely that any of the
redds constructed prior to the flood event survived the scour and
sedimentation effects." WDFW Spawner Survey 2007/08. [^2] This storm
came during a year of already low returns (the results of the spawner
survey provide reason for concern. The results indicate that the total
combined escapement for Vasa, Lewis, Laughing Jacobs, Ebright and Pine
Lake creeks was only 143 fish, which represents a mere 15.1% of the
1996/97 -- 2006/07 average of 946 fish) and spawner surveys indicate
that more than 80 percent of the run was recorded prior to the December
3^rd^ storm event. *Id.* As an example of this loss suffered by the
kokanee, in Lewis Creek, of the total 118 live fish recorded, only 9
were recorded after the flood event. *Id.* The extremely low escapement
numbers provide reason for concern, and the unexpectedly low number is
even more dire when considering the harm caused by the December 3^rd^
storm event. Given the timing, there is reason to believe that the
returns in 2011-2012 will be reduced due to this loss of spawners. The
impact of this storm and the low spawner counts was reaffirmed during
the 2008 count of outmigrating fry. Newly emerged kokanee fry migrate
from their natal rivers and creeks into a lake in April and May (Berge
2003). A fry trap study conducted by Trout Unlimited during this period
(late March through the end of May) reported only 195 kokanee fry
leaving from Lewis Creek, compared to 2272 reported during this same
period in 2007. Lewis Creek Fry Collection data 2008, attached as
Appendix A. Of these numbers, all 195 were counted after April 30^th^, a
very late date compared to previous years.

A second factor identified in the listing petition is the past, present,
and threatened future urbanization of the Lake Washington-Sammamish
watershed, and the increased levels of pollution this activity
generates, has led to the degradation of the water quality of Lake
Sammamish and its tributaries. In the 1960's, effluent from a wastewater
treatment plant, a milk processing plant, a hatchery, and mining
operations was being channeled into Lake Sammamish from Issaquah Creek,
its largest tributary. Petition at 21, 22. Also, continued urbanization
in the Lake Sammamish basin has led to the conversion of original
riparian groundcover into impervious surfaces, which increases the flow
of polluted runoff water into the Sammamish area streams. *Id*.

Since the time of our petition, development around Lake Sammamish and
its tributaries has increased, with a couple of notable developments on
the horizon that, if constructed, would pose a significant threat of
destruction, modification, or curtailment of the Lake Sammamish
Population's habitat and range. For example, the proposed Town Center
Plan for the City of Sammamish currently threatens to create a
significant source of pollution to Ebright Creek, one of the last and
strongest remaining tributaries of Lake Sammamish that supports native
kokanee.[^3] PNWLocalNews.com, Sammamish Council ups commercial space in
Town Center Plan, *available at*
http://www.pnwlocalnews.com/east_king/iss-s/news/19533414.html (last
visited June 30, 2008). If approved, this Plan calls for the
construction of up to 600,000 square feet of commercial space, all
impervious surfaces acting as a conduit for contaminated water to flow
directly into the Creek. *Id*. Additionally, the Central Issaquah Plan,
expected to be adopted in the winter of 2009, is another proposed
construction project intended to transform the 900 plus acre city core
into a "vibrant community." Seattletimes.com, Issaquah mapping its
future, *available at*
<http://seattletimes.nwsource.com/html/eastsidenews/2004166877_issaquah06e.html>
(last visited July 2, 2008). The city's planning manager, Trish
Heinonen, stated that "\[t\]he intent is to move from a suburban area to
an urban area," with one of the project's goals being to integrate
development with the city's natural settings, such as the creeks and
views. *Id*. One such natural setting is Issaquah Creek, the largest
tributary to Lake Sammamish and the former spawning ground of the now
extinct summer run kokanee. *Id*. If this development goes through, it
stands to contribute substantially to the continued degradation of the
Lake Sammamish Population's habitat. *Id*.

A third factor identified in the listing petition is that in addition to
the degradation of the water quality of Lake Sammamish and its
tributaries, urbanization and the accompanying increase in impervious
surfaces have also affected the water hydrology throughout the basin.
Increasing water temperatures, reduced levels of dissolved oxygen,
increased levels of water turbidity, water withdrawals and water surges
have all been associated with increased levels of urbanization in the
Lake Sammamish basin. Petition at 22. In addition to the increased
impervious surface concerns posed by the proposed Town Center Plan and
the Central Issaquah Plan, which threaten to increase run off into
Ebright and Issaquah Creek, both the Lewis Creek and Laughing Jacobs
Creek subbasins, which act as spawning ground for native kokanee, also
face threatening levels of impervious surface area, a level almost
double that shown to have a demonstrable destructive effect on area
stream channels. 73 Fed. Reg. at 24920.

A fourth factor described in the petition is that past and present
manmade fish passage barriers continue to prevent the Lake Sammamish
Population from accessing critical spawning habitat, a serious obstacle
that must be overcome in order for the native kokanee to persist in Lake
Sammamish. Currently the longest stretch of spawning habitat is located
in Lewis Creek and measures only 0.75 miles before it is cut off by the
I-90 corridor. Berge, H.B. at 37. A hatchery on Issaquah Creek currently
blocks 32 miles of potential spawning habitat. Petition at 23. As for
Ebright Creek, in 1973 local property owners installed a fish weir that
blocked passage to spawning ground upstream. *Id*. Although the weir was
removed later that year, remnants may have continued to prevent passage.
*Id*. Low water levels caused by urbanization might also create a de
facto fish passage barrier to upstream spawning habitat. *Id*.

These four factors, each supported by the scientific and commercial data
currently available, demonstrate the present and threatened destruction,
modification, and curtailment of the Lake Sammamish Population's habitat
and range.

**2. The Overutilization of the Lake Sammamish Population for
Recreational, Scientific or Educational Purposes**

Although most of the data showing this factor's effect on the Lake
Sammamish Population relates to events that took place in the past,
overutilization still played a significant part in the vast decline of
native kokanee in the Lake Washington-Sammamish watershed. The plain
language of the ESA does not preclude the inclusion of historical data,
nor does it require that the five factors in question be the result of
present, and not past, activities. Section 1533(a)(1) simply states that
the Secretary will make the determination of whether a species is
endangered or threatened "because of the following factors," including
"(B) overutilization for commercial, recreational, or educational
purposes." As such, evidence that overutilization played a demonstrable
role in the dramatic decline of native kokanee should warrant the
conclusion that this factor is present in the Lake Sammamish region.

One example of overutilization of the Lake Sammamish Population is the
vast collection of native kokanee eggs that occurred after 1917, when
Lake Washington was made a tributary of Puget Sound. Berge, H.B. at 4.
As many as 14 million eggs were collected from Bear Creek in the 1940's
and transported outside of the Sammamish water system, an act which may
have contributed to the middle/ fall-run's eventual designation as
functionally extinct. *Id*. at 6.

Another example of overutilization is the past use of a fish weir to
trap migrating kokanee in Issaquah Creek, the spawning ground for the
now extinct early/ summer run. In 1937 a hatchery was constructed on
Issaquah Creek and it began using a fish weir to channel kokanee into
holding tanks and prevent them from reaching the 32 miles of spawning
territory beyond. Petition at 21. When it was determined that there was
no commercially viable use for the kokanee and that the ponds could be
used for another more lucrative fish, they were drained, leaving all the
trapped kokanee to die. *Id*. The precise year that this occurred is not
known, but if it happened to coincide with a particularly strong return
of kokanee to spawn, then its effects could have significantly impaired
the early run's ability to recover. *Id*.

Even though these instances of overutilization occurred in the past,
their effects are still felt today. Given that, the Secretary should
still consider this factor when assessing the Lake Sammamish
Population's potential designation as endangered or threatened.

**3. Disease or Predation Threatening the Lake Sammamish Population**

The FWS found that neither the petition nor its files presented any
evidence that disease currently poses a threat to the Lake Sammamish
Population. 73 Fed. Reg. at 24921. However, given the non-traditional
pollutants that are now entering the Sammamish water-ways in increased
amounts, coupled with the lack of scientific investigation into the
possible deleterious effects they may have on resident fish populations,
the potential for disease is present. Petition at 22. The relative
impacts of disease and predation will only increase in magnitude as the
population declines.

Predation is another area in which further investigation would benefit
the Lake Sammamish Population. There is some evidence that predation is
a current threat to the native kokanee of Lake Sammamish and its
tributaries, however additional information is needed to better
understand the magnitude of this threat. Factors indicating that
predation is of concern are described in the initial listing petition.
First, the channelization of the Sammamish River, as discussed earlier,
has eliminated many areas of slow moving slack water previously used by
the kokanee as refuge from predators. Petition at 21. Second, kokanee
eggs are vulnerable to superimposition by chinook, sockeye, and coho
salmon present in Lake Sammamish tributaries. Berge, H.B. at 38. Chinook
salmon have been observed spawning on top of kokanee redds in Issaquah
Creek, bringing about the destruction of the kokanee embryos. *Id*.
Although not directly observed, it is presumed that the sockeye and coho
engage in this activity as well. *Id*. In its 90-day response to the
petition to put the Lake Sammamish Population on the endangered or
threatened species list, the FWS conceded that its files indicated that
predation was a potential threat to the native kokanee. 73 Fed. Reg. at
24921. However, due to a lack of adequate scientific investigation and
data on the rates of predation, it did not find that there was
substantial information indicating that this factor was a present threat
to the Lake Sammamish kokanee. *Id*.

**4. Inadequacy of Existing Regulatory Mechanisms**

Although great effort has been made to regulate the Lake Sammamish
Population, existing regulatory mechanisms are inadequate to protect
these fish. Primarily, it appears that the existing mechanisms are
lacking in one of two ways; namely, they either focus too much on
conservation alone without any proactive measures to ensure recovery, or
they fail to place the primary focus on the native kokanee, instead
concentrating on other protected species. First, the WDFW has, to the
extent that resources allow, committed to monitoring the spawning
population and the hydrological conditions in the three known spawning
streams. Petition at 24, 25. However, while monitoring these conditions
will no doubt help inform the creation of future management options and
decision making, monitoring alone falls short of assuring the recovery
of Lake Sammamish kokanee. *Id*. at 25. Second, the WDFW is considering
a more proactive supplementation plan for the late run kokanee
population. *Id*. However, as the petitioners point out, this proposed
plan is not certain to occur. *Id*. Third, some proactive measures are
likely to take place as part of the recently adopted Shared Strategy for
Puget Sound, a federally adopted recovery plan for the threatened Puget
Sound chinook. *Id*. Although this plan is likely to indirectly benefit
the Lake Sammamish Population, it was not drafted with the native
kokanee in mind and therefore falls short of the comprehensive recovery
plan necessary to prevent the continued decline of Lake Sammamish
kokanee. *Id*.

Given that the Lake Washington-Sammamish watershed has the highest human
population in the State, and projections estimate an increase of 24
percent between 2002 and 2022, 73 Fed. Reg. at 24921, programs that aim
at conservation and monitoring alone without an eye toward restoration
and recovery, or programs that fail to place their major emphasis on the
kokanee, will not likely be enough for the Lake Sammamish Population to
recover. These concerns, coupled with the current and upcoming
development pressures discussed above, indicate that there is currently
a lack of adequate regulatory mechanisms.

**5. Other Natural and Manmade Factors Affecting the Lake Sammamish
Population's Continued Existence**

There are two primary additional threats to the Lake Sammamish
Population that fall into this factor; (1) competition with other
species of fish introduced into the Sammamish system, and (2) climate
change.

First, competition for food and spawning resources has long been a
problem for the native kokanee of Lake Sammamish. Between 1937 and 1963,
3,656,606 sockeye were introduced into the Lake Sammamish system.
Petition at 20, Table 2. Even greater than that, 67,361,153 non-native
kokanee were introduced between 1917 and 1979. *Id*. Although, as
discussed earlier, the non-native kokanee did not succeed in persisting
in Lake Sammamish, they still represented competition for food and
spawning grounds. *Id*. at 20. As for the sockeye, a study conducted in
2004 found that instead of mere competition, the sockeye succeeded in
replacing the middle run kokanee through genetic superimposition. *Id*.
Also, the kokanee and sockeye fry compete for the same food resources in
Lake Sammamish, namely the lake's phytoplankton and zooplankton. Berge,
H.B. at 34. Other species of fish that were introduced into the system
include the pikeminnow, cutthroat trout, bass, and yellow perch, all of
which are known to feed on young kokanee in the Lake. Petition at 21.

Not only were other species of fish introduced from outside areas, but
starting in 1937 with the opening of the Issaquah Creek Hatchery,
chinook and coho salmon were produced for introduction into the Lake
Washington-Sammamish watershed. *Id*. As mentioned earlier, chinook have
been observed superimposing on the kokanee redds and it is hypothesized
that the coho do the same. Berge, H.B. at 38.

The impact from the introduction of other species of fish was only
compounded by the removal of an estimated 14 million kokanee eggs from
the system in the 1940's, *Id*. at 6, and the collection by the WDFW of
nearly 36 million kokanee fry for dispersal across the State. Petition
at 20.

Second, climate change within the region is a major threat to the
continued survival of the native kokanee. Although the impact of climate
change on salmonids is currently under scientific investigation, the
effect it will have on kokanee has not been specifically addressed.
*Id*. at 23. Increases in water temperature leads to lower levels of
dissolved oxygen and can create thermal barrier preventing the necessary
migration of kokanee. *Id*. at 24. Also, the petitioners stress that
increased temperatures may also alter chemical processes, food web
dynamics, lake stratification, and nutrient cycling. *Id*. Also,
increased regional temperatures can lead to increasing drought in the
summer months, which could increase precipitation and intensity and
result in scouring of kokanee redds. *Id*. The effects of climate change
are hard to gauge and harder to predict, but in order to ensure the
continued survival of the Lake Sammamish Population, this is an area
that must be addressed.

Taking into consideration the above mentioned facts, and including the
new and existing information related to the severity of impact from
storm events due to human impacts discussed in previous sections, the
best scientific information available supports the conclusion that there
are other manmade and natural factors affecting the Lake Sammamish
Population.

**6. Summary of the Five Factors**

From the information provided above, and in accordance with the initial
findings of the FWS, we believe that an analysis of the five listing
factors of the ESA warrants listing the Lake Sammamish Population as
endangered or threatened.

**[C. The Lake Sammamish Population Holds Cultural Significance to the
Snoqualmie People]{.underline}**

Section 1533(b)(1)(A) of the ESA directs the Secretary, when making his
determination as to the five listing factors, to base his decision
"solely on the basis of the best scientific and commercial data
available." However, that does not mean that there are other reasons one
may have for wanting to protect the continued survival of a species.

The lands of the Snoqualmie Tribe historically stretched from the Cedar
River to the Skykomish River, and from Snoqualmie Pass to Puget Sound,
an area which clearly envelopes the native habitat of the Lake Sammamish
Population. The lakes and streams of the Sammamish basin were and
continue to be an important part of the Snoqualmie culture. To this day,
important ceremonies are still held at Sammamish State Park. Oral
history reveals that at one time the kokanee were so abundant that
Tribal members could stand in the tributaries of Lake Sammamish and
scoop up the "little red fish" in their hands.

There is no way to quantify cultural attachment to a species or measure
the amount of loss a people would feel if part their history went
extinct. There is ample scientific evidence to support placing the Lake
Sammamish Population on the endangered or threatened species list, but
it is important to remember that when making this determination one is
in essence computing the value of a living thing. It is not an exact
science and as such, consideration should be paid to those factors not
amenable to calculation.

**III. RECOMMENDATIONS**

[Listing as Threatened or Endangered]{.underline}

The Petitioners urge the Secretary to recommend that the Lake Sammamish
Population of native kokanee be added to the endangered or threatened
species list. While conducting the 12 month status review, it is our
belief that the best scientific and commercial data available will
support our recommendation.

[Designation of Critical Habitat]{.underline}

The ESA requires that the Secretary designate critical habitat
concurrent with listing decisions. The notice published on May 6^th^
requested additional information for consideration in determining, if
the species is listed, what habitat should be designated under the act
as critical for this species. Critical habitat, as defined by the act,
includes:

i.  Specific areas within the geographical area occupied by the species,
    at the time it is listed...on which are found those physical or
    biological features (I) essential to the conservation of the species
    and (II) which may require special management considerations or
    protections;

ii. Specific areas outside the geographical area occupied by the species
    at the time it is listed...upon a determination by the Secretary
    that such areas are essential for the conservation of the species.

The code of federal regulations further clarifies what physical and
biological features are essential to the conservation or may require
special management or protection. Among the non-exclusive list of
requirements are:

(1) space for individual and population growth and for normal behavior;

(2) food, water, air light, minerals or other nutritional or
    physiological requirements;

(3) cover or shelter;

(4) sites for breeding, reproduction, rearing of offspring, germination,
    or seed dispersal; and generally;

(5) habitats that are protected from disturbance or representative of
    the historic geographical and ecological distributions of a species.

The code also requires that, when considering the designation of
critical habitat, the Secretary focus on "primary constituent elements"
(PCEs), the primary biological or physical constituent elements within
the defined area that are essential to the conservation of the species.
PCE's include spawning sites, feeding sites, water quality or quantity,
and tides.

Based on the above definitions and requirements, we provide the
following recommendations and information regarding critical habitat
designation for the Lake Sammamish Kokanee. These recommendations are
based on a review of information included in the July 2007 petition,
primarily Berge, H.B. 2003, as well as WDFW's recent spawning escapement
summary report (2007-08) attached to this filing. These areas are
included as a non-exclusive list of areas that should be considered as
part of the review and additional information gathering during the
12-month review process.

**[A. Specific areas *within* the geographical area occupied by the
species.]{.underline}**

The following areas are "essential to the conservation of the species,"
and also are areas, which based on the discussion of impacts previously
in these comments, "may require special management considerations or
protections."

-   Lewis Creek -- one of the best remaining spawning areas for kokanee,
    the 2007-2008 spawner surveys found a total of 118 live and 18 dead
    kokanee in the reach. This total escapement in Lewis was estimated
    at 111 fish. This total was 18.3% of the 1996/97 -- 2006/07 average.

-   Ebright Creek-- one of the best remaining spawning areas for
    kokanee, the 2007/08 spawner surveys estimated total escapement to
    be 17 fish. This total is only 7% of the 1996/97 -- 2006/07 average
    of 243 fish. Of the 17 fish, 11 were observed prior to the December
    3, 2007 storm, indicating that well over half (nearly 65%) of the
    production from this year may have been lost.

-   Laughing Jacobs -- kokanee currently use this Creek for spawning.
    The 2007/08 spawner surveys estimate total escapement at 15 fish, a
    total that is only 15.5% of the 1996/97 -- 2006/07 average. [^4] Of
    the 14 live fish counted in the reach, 7 were observed prior to the
    December 3, 2007 storm, indicating that nearly half of the
    production from this year may have been lost.

-   Vasa and Tibbets Creeks and the East Fork of Issaquah Creek -- all
    three of these areas provide spawning habitat for kokanee. In Vasa
    Creek, the 2007-2008 spawner surveys failed to identify any kokanee
    present in the reach, however kokanee have been observed previously
    in the portion of Vasa Creek downstream of West Lake Sammamish
    Drive. It is possible that returning kokanee move above this area as
    well. While the 2007/8 spawning survey does not report on Tibbets
    Creek or the East Fork of Issaquah Creek, spawning has been
    previously observed in both areas.

-   Pine Lake Creek -- spawning of kokanee has been documented in this
    reach starting in 1996.

-   Lake Sammamish proper -- particularly near shore areas and areas
    with groundwater upwelling. Kokanee may use the shorelines of the
    Lake for spawning habitat. Additionally, kokanee also rely on the
    Lake habitat for most of their life-cycle, until reaching sexual
    maturity (sometimes at age 4 or 5), in the lake habitat eating,
    growing and preparing for the return to spawn.

-   Areas below natural migration barriers on Bear and Little Bear
    Creek, Evans Creek, Issaquah Creek and Tibbetts Creek and their
    major, perennial tributaries. This includes stream reaches above the
    passage barrier at the Issaquah hatchery weir. These areas have high
    potential for supporting new spawning aggregations, which may be
    needed to return the population to viable status.

-   Cottage Lake Creek -- kokanee have been known to spawn occasionally
    in Bear and Cottage lake Creeks, although it is unknown if these
    aggregations are related to kokanee or if they align with the
    introduced Baker Lake Sockeye ("middle run").

-   Sammamish River, North Creek and Swamp Creek -- should also be
    included in the evaluation of potential habitat.

Because spawning habitat has been identified as a primary limiting
factor for kokanee, and considering that much of the current spawning
area located within developing subbasins, it is essential that current
and potential spawning habitat be adequately protected and restored.

These areas need special management or protection given that they are
located within an urban growth area and there are insufficient
mechanisms currently in place to keep that development from irreversibly
harming these habitats.

**[B. Specific areas *outside* the geographical area occupied by the
species.]{.underline}**

From a watershed scale perspective, a critical habitat designation
should consider all areas over which the ecological processes required
to sustain the habitat quality and structure essential to the various
life-stages of kokanee occur. Given this perspective, all subbasins
draining to Lake Sammamish and the Bear/Evans Creek drainage into
Sammamish River, whose hydrology and water quality inputs are critical
to the function of streams and the Lake, should be considered during
this review process.

These areas are essential to the conservation of the species. Without
protection of the upstream habitats, ensuring protection of the
downstream system becomes more difficult. Fish need healthy, high
quality habitat, which requires not only that the rivers and streams
containing that habitat be healthy, but also that the headwater streams,
lakes and upstream river corridors are also healthy and able to provide
high quality water to the downstream habitats.

These areas may require special management considerations or protections
considering the pressures for growth and development in this area.
Identifying these areas as critical for the protection of kokanee would
help ensure that development and growth occur in a way that accounts for
the aquatic needs of the river and of the kokanee populations.

**IV. Conclusion**

Since the time our groups petitioned for protection of this species,
conditions limiting the survival and recovery of the lake Sammamish
kokanee have worsened. Spawner surveys and Fry trap data and collected
by WDFW and Trout Unlimited, respectively, report counts of spawning
adults (2007/08) and outmigrating fry (2008) both at dangerously low
numbers. Commercial and residential development continues to surge
forward around the Lake and its critical tributaries, deteriorating the
stream conditions and further limiting the ability of this population to
sustain and rebound. Finally, devastating storm events highlight
concerns related to development impacts on channel formation and stream
health generally. We request the Secretary take this new information
under consideration, along with the data provided in the July 2007
petition, and make a determination that the Lake Sammamish kokanee
warrant protection under the ESA.

We also encourage the Secretary to consider emergency protection for
this stock during the time the listing review is underway. Given the
steep decline in returns this year, this stock faces a significant risk
of harm from ongoing impacts as well as new or increased impacts from
development and other manmade causes as discussed above. As the
population size reduces, the ability of the population to overcome
challenges and be resilient in the face of these impacts decreases,
enhancing the risk of decline for this already imperiled population.

We appreciate the opportunity to submit these comments and references
for consideration and review.

[References]{.underline}

Battin, J., M.W. Wiley, M.H. Ruckelshaus, R.N. Palmer, E. Korb, K.K.
Bartz, and H. Imaki. 2007. Projected impacts of climate change on salmon
habitat restoration. PNAS 16: 6720-6725.

Behnke, Robert J. 2002. Trout and Salmon of North America. The Free
Press, New York, NY.

Bennett, Sam. Sims calls for action to save kokanee. Seattle Daily
Journal of Commerce. DJC.Com. March 14, 2000.

Berejikian, Barry, and Michael Ford. 2003. A Review of Relative Fitness
of Hatchery and Natural Salmon. Preliminary Review Draft, Dec. 19, 2003.
Available at:
http://www.salmonrecovery.gov/remand/analysis_reports/fitness_paper_external_review_draft_121903.pdf.

Berge, Hans B., and Kollin Higgins. 2003. The Current Status of Kokanee
in the Great Lake Washington Watershed. King County Dept. of Natural
Resources and Parks. Seattle, WA. October 2003. 49 pp.

Berge, Hans B., Mistie Hammer, and Steve Foley. 2006. Timing, abundance
and population characteristics of spawning Chinook salmon in the
Cedar/Sammamish Watershed. King County Dept. of Natural Resources and
Parks and Washington Department of Fish and Wildlife. Seattle, WA. July,
2006. 33 pp.

Ervin, Keith, and Craig Welch. Simms says kokanee run extinct; Lake
Sammamish fish never protected. Seattle Times. Seattle, WA. Nov. 2003.

Good, T.P., R.S. Waples, and P. Adams (editors). 2005. Updated status of
federally listed ESUs of West Coast salmon and steelhead. U.S. Dept.
Commer., NOAA Tech. Memo. NMFS-NWFSC-66, 598 pp.

Gustafson, R.G., T.C. Wainwright, G.A. Winans, F.W. Waknitz, L.T.
Parker, and R.S. Waples. 1997. Status review of sockeye salmon from
Washington and Oregon. U.S. Dept. of Commerce, National Marine Fisheries
Services, Seattle, Washington. NOAA Technical Memorandum NMFS-NWFSC-33.

Gustafson, R.G., R.S. Waples, J.M. Myers, L.A. Weitkamp, G.J. Bryant,
O.W. Johnson, and J.J. Hard. 2007. Pacific Salmon Extinctions:
Quantifying Lost and Remaining Diversity. Conservation Biology (in
press).

Horner, Richard R. 2005. Lewis Creek Park Construction Investigation.
Report to the City of Bellevue, Parks and Community Services Department.
April 2005. 5pp.

Hey, Jody (Chair), E.L. Brannon, D.E. Campton, R.W. Doyle, I.A. Fleming,
MT. Kinnison, R. Land, J. Olsen, D.P. Phillip, J. Travis, C.C. Wood, H.
Doremus. May 16, 2005. Considering Life History, Behavioral, and
Ecological Complexity in Defining Conservation Units for Pacific Salmon:
An independent panel report, requested by NOAA Fisheries. 28 pp.

Hunter, J.W. 2003. Issaquah creek summer kokanee studies 2002.
Washington Department of Fish and Wildlife, Olympia. 10 pp.

Independent Scientific Advisory Board (ISAB). 2003. Review of Salmon and
Steelhead Supplementation. Northwest Power and Conservation Council. pp.
120. Available at: http://www.nwcouncil.org/library/isab/isab2003-3.htm.

Jackson, Chad. 2006. Lake Sammamish Watershed Native Late-Run Kokanee
Stock Assessment and Management Plan. Washington Department of Fish and
Wildlife. Region 4 Fish Program. September, 2006. 9 pp.

King County. 2005. Draft. Development of a 3-Dimensional Hydrodynamic
Model of Lake Sammamish. Prepared by Curtis DeGasperi, Water and Land
Resources Division. Seattle, Washington.

King County. 2007. Survey of Endocrine Disruptors in King County Surface
Waters. Prepared by Richard Jack and Deb Lester, Water and Land
Resources Division. Seattle, Washington. 152 pp.

Kvam, Bruce, Edward Connor, and Lisa Mighetto. 1999. Historic and
Current Status of Kokanee in the Lake Washington Basin. Revised Draft
Report. Prepared for King County, Washington. R2 Resource Consultants,
Inc. 33 pp.

Mantua, N.J., and R.C. Francis. 2004. Natural climate insurance for
Pacific Northwest salmon and salmon fisheries: Finding our way through
the entangled bank. pp. 127-140, in E.E. Knudsen and D. MacDonald (eds),
*Fish in our Future? Perspectives on Fisheries Sustainability*. A
special publication of the American Fisheries Society.

Milstein, Michael. May 7, 2007. Portland-area rivers test positive for a
veritable pharmacy, scientists find. The Oregonian. Portland, OR.

Modie, Neil. King County wants to save kokanee -- now. Seattle Post
Intelligencer. March 14, 2000.

Oosterhout, G.R., C.W. Huntington, T.E. Nickelson, and P.W. Lawson.
2005. Potential benefits of a conservation hatchery for supplementing
Oregon Coast coho salmon (Oncorhynchus kisutch) populations: a
stochastic model investigation. Can. J. Fish. Aquat. Sci. 62:1920-1935.

Pfeifer, Bob. Recovery Options and Plan for Early-Entry Issaquah Creek
Kokanee in Lake Sammamish. Washington Department of Fish and Wildlife,
Southern Region Four. May 1999. 28 pp.

Salmon Recovery Science Review Panel (RSRP). 2004. Report for the
meeting held August 30-Sept. 1, 2004. National Marine Fisheries Service.
Seattle, Washington. Available at:
http://www.nwfsc.noaa.gov/trt/rsrpreportsept30_2004e.pdf.

Salmon and Steelhead Hatchery Assessment Group (SSHAG). 2003. Hatchery
Broodstock Summaries and Assessments for Chum, Coho, and Chinook Salmon
and Steelhead stocks within Evolutionary Significant Units listed under
the Endangered Species Act. NOAA Fisheries. pp. 325. Available at:
http://www.nwr.noaa.gov/AlseaResponse/20040528/FinalSSHAG_Report04031.pdf.

Wood, C.C. 1995. Life History Variation and Population Structure in
Sockeye Salmon. American Fisheries Society Symposium. 17: 195-216.

Young, S.F., M.R. Downen, and J.B. Shaklee. 2004. Microsatellite DNA
data indicate distinct native populations of kokanee, *Oncorhynchus
nerka*, persist in the Lake Sammamish Basin, Washington. Environmental
biology of Fishes. 69: 63-79.

**Appendix A**

**Lewis Creek Fry Collection data 2008 (Trout Unlimited 2008):**

Methods:

The trap was initially placed in Lewis Creek on March 28, 2008.  It was
fished from 1-2 hour 3 nights a week.  The trap fished for 30 minutes to
an hour and then raised out of the water to check the catch basin for
fry.  Debris was gently removed and any fry in the catch basin were
carefully counted in the basin.  The plug in the bottom of the basin was
then removed and the fry were released downstream of the trap with a
minimum of handling.  The water temperature, in deg. Fahrenheit, was
taken after the trap was initially placed in the stream.  The trap was
operated the first 1-3 hours of darkness with expanded hours on 3
occasions to check later out migration.  Sampling was 3 nights a week to
more closely follow WDFW procedures and spare the volunteers.

  ------------- -------------- ------------- ----------- ---------- -------------- -------- -------------- ---------- ------------- -----------
  **Date**      **Time in**    **Time Out**  **Kokanee   **Dead**   **Other**      **\#**   **Temp**       **Flow**   **Weather**   **Hours**
                                             Fry**                                                                                  

  **3/28/08**   19:45:00       20:15:00      **0**       **0**      0              0        44             High       Snow          **8**
                                                                                                           w/debris                 

                20:20:00       21:00:00      **0**       **0**      0              0                       Higher                   

  **3/30/08**                                                                                              **Too                    **0**
                                                                                                           High**                   

  **4/2/08**    20:08:00       21:00:00      **0**       **0**      Cutt/Sculpin   2/7      47             Low Clear                **8**

                21:05:00       22:00:00      **0**       **0**      0              0                                                

  **4/4/08**    20:00:00       20:30:00      **0**       **0**      0              0        47             Low Clear                **9**

                20:35:00       21:45:00      **0**       **0**      Sculpin        1                                                

  **4/6/08**    20:45:00       21:20:00      **0**       **0**      Sculpin        2        47             Low Clear                **6**

                21:25:00       21:48:00      **0**       **0**      Sculpin        1                                                

  **4/9/08**    18:00:00       21:15:00      **0**       **0**      0              0        47             Low Clear                **4**

  **4/11/08**   20:15:00       20:45:00      **0**       **0**      Cutt/Sculpin   1/1      50             Low Clear                **10**

                20:50:00       21:20:00      **0**       **0**      Sculpin        1                                                

                21:25:00       21:50:00      **0**       **0**      Sculpin        1                                                

                21:55:00       22:30:00      **0**       **0**      Sculpin        2                                                

  **4/13/08**   20:20:00       21:20:00      **0**       **0**      Sculpin        1        50             Low Clear                **10**

                21:25:00       21:50:00      **0**       **0**      Sculpin        1                                                

                21:55:00       22:25:00      **0**       **0**      Sculpin        1                                                

  **4/16/08**   20:00:00       20:30:00      **0**       **0**      Sculpin        1        50             Low Clear                **6**

                20:33:00       21:00:00      **0**       **0**      0              0                                                

                21:05:00       21:30:00      **0**       **0**      Tadpole        1                                                

  **4/18/08**   20:00:00       21:04:00      **0**       **0**      0              0        46             Low Clear  Snow          **4**

                21:08:00       7:00:00       **0**       **0**      Cutthroat      1                                                

  **4/20/08**   20:00:00       22:00:00      **0**       **0**      0              0        46             Low Clear  Cold          **6**

  **4/23/08**   18:30:00       21:15:00      **0**       **0**      0              0        50             Low Clear  Lt. Rain      **8**

                21:20:00       22:00:00      **0**       **0**      Cutt/Sculpin   1/1                                              

                22:02:00       22:30:00      **0**       **0**      Sculpin        2                                                

  **4/26/08**   20:00:00       22:00:00      **0**       **0**      0              0        50             Low Clear                **4**

  **4/28/08**   20:00:00       22:00:00      **0**       **0**      Sculpin        2        53             Low Clear  Rainy         **6**

  **4/30/08**   22:00:00       21:00:00      **0**       **0**      Sculpin        1        50             Low Clear                **8**

                21:05:00       21:30:00      **1**       **0**      0              0        50                                      

                21:35:00       22:20:00      **3**       **0**      Sculpin        1                                                

  **5/2/08**    20:00:00       21:00:00      **0**       **0**      0              0        50             Low Clear                **7**

                21:05:00       22:00:00      **35**                                                                                 

                22:05:00       7:30:00       **67**      **3**      Cutt/Sculpin   1/1                                              

                **Ran                                                                                                               
                efficiency                                                                                                          
                tests w/100                                                                                                         
                frozen peas**                                                                                                       

                **1st test                                                                                                          
                recovered                                                                                                           
                39/100: second                                                                                                      
                test 69/100**                                                                                                       

  **5/4/08**    20:05:00       21:05:00      **0**       **0**      0              0        55             Low Clear                **10**

                21:10:00       22:00:00      **58**      **1**      0              0                                                

                22:05:00       22:30:00      **24**      **0**      0              0                                                

  **5/7/08**    20:00:00       21:00:00      **0**       **0**      0              0        51             Low Clear                **10**

                21:05:00       21:30:00      **1**       **0**      Sculpin        1                                                

                21:35:00       22:30:00      **2**       **0**      0              0                                                

  **5/9/08**    20:00:00       21:00:00      **0**       **0**      0              0        56             Low Clear                **6**

                21:05:00       22:00:00      **0**       **0**      Sculpin        1                                                

  **5/11/08**   21:14:00       22:00:00      **1**       **0**      0              0        50             Low Clear                **6**

                22:07:00       22:40:00      **1**       **0**      0              0                                                

  **5/14/08**   21:47:00       22:30:00      **0**       **0**      Lamprey        1        58             Low Clear                **4**

  **5/16/08**   20:40:00       21:46:00      **1**       **0**      Lamprey        1        59             Low Clear                **6**

                **21:50:00**   **8:00:00**   **1**       **0**      Scutt/         1/1                                              

                                             **Kokanee   **Dead**                                                                   **Hours**
                                             Fry**                                                                                  

                               **Totals**    **195**     **4**                                                                      **146**

                                                                                            Trap Building                           **50**
                                                                                            & Installation                          

                                                                                                           **Total                  **196**
                                                                                                           Hours**                  

                                                                                                                                    
  ------------- -------------- ------------- ----------- ---------- -------------- -------- -------------- ---------- ------------- -----------

**Appendix B:**

**Washington Department of Fish and Wildlife**

**2007 - 2008 Late Run Kokanee Escapement Summary**

![](media/image1.png){width="2.8152777777777778in"
height="1.9423611111111112in"}

16018 Mill Creek Blvd \* Mill Creek, WA 98012 \* (425) 775-1311 \* fax
(425) 338-1066

# 

# INTRODUCTION

The Lake Washington-Sammamish Watershed is one of five watersheds in
Washington (Baker, Whatcom, Wenatchee, and Chelan) that support native
populations of resident *Oncorhynchus nerka* or kokanee. There are three
distinct kokanee populations within the Lake Washington-Sammamish
Watershed, including the early, middle, and late-runs. Late-run kokanee
are known to be present in south Lake Sammamish tributaries, such as
Lewis, Ebright, Laughing Jacobs, Vasa, and Pine Lake creeks.

The Washington Department of Fish and Wildlife Region 4 Fish Program,
with assistance from King County Department of Natural Resources and
Parks and volunteer stream walkers, annually survey late-run kokanee
spawner escapement within selected Lake Sammamish tributaries from
November through January. Annual spawner escapement surveys allows the
Washington Department of Fish and Wildlife and other interested entities
to better monitor late-run kokanee escapement trends and make timely
decisions regarding the management and/or conservation of this species.

# METHODS

Selected Lake Sammamish tributary streams known to have late-run kokanee
spawning were surveyed weekly from November through January. Tributaries
surveyed included Vasa, Lewis, Laughing Jacobs, Ebright, and Pine Lake
creeks. Surveyors walked upstream in each tributary counting all live
and dead fish observed. All dead fish encountered were processed for
biological data. Biological data collected included fork length (mm),
sex, otoliths, and percent of unspawned eggs for females.

Typically, late-run kokanee escapement is determined by using area under
the curve (AUC) methodology. AUC consists of graphing live fish counts
(y-axis) over survey dates (x-axis) and then finding the area underneath
that curve. The calculated AUC value, termed fish-days, is then divided
by the stream life value of a fish to determine total escapement. For
Lake Sammamish kokanee a stream life value of 10 days is used. Stream
life of Lake Sammamish kokanee is an estimated value based on stream
life values for kokanee and sockeye identified in the literature and
from past field observations in the tributaries. For the 2007/08
late-run kokanee spawning season a stream life value of 5 days was used,
because observed stream life of live and dead kokanee was noticeably
shorter than in years past. For example, in Lewis Creek 60 live kokanee
were observed on November 20^th^, but six days later no live kokanee
were observed. On November 28^th^, 2 days later, 26 live kokanee were
observed during surveys. Furthermore, these 26 kokanee appeared to be
fresh fish and not spawn-outs from the previous 60 fish observed. While
escapement estimates derived from AUC are presented in summary tables
within the results section of this document for comparison purposes, AUC
was not used to determine kokanee escapement in tributary streams for
2007/08. Due to the low number of kokanee observed in tributary streams
and the observed short stream life this spawning season, escapement for
tributary streams was instead determined by enumerating live and/or some
dead kokanee counted during surveys.

# 

# RESULTS

**Vasa Creek:**

Vasa Creek was surveyed once per week from November 28^th^, 2007 through
January 31^st^, 2008. No live or dead kokanee were observed during those
surveys. In speaking with the landowner who lives along the survey
reach, he informed me that he observed no live or dead kokanee during
the spawning season. It is possible that any returning kokanee moved
above the index area to spawn. However, kokanee observed in the past
have always been located in the portion of Vasa Creek downstream of West
Lake Sammamish Drive.

**Lewis Creek:**

Lewis Creek was surveyed twice and sometimes three times per week from
November 8^th^, 2007 through January 31^st^, 2008. Peak spawning
occurred in mid-November when 60 live fish were observed on November
20^th^, 2007. A total of 118 live and 18 dead kokanee were observed
during surveys. Total escapement in Lewis Creek was estimated to be 111
fish. Escapement of kokanee into Lewis Creek was calculated by
enumerating the live fish observed on November 20^th^, November 28^th^,
and December 6^th^ and the dead fish observed on November 15^th^,
November 20^th^, November 28^th^, and January 7^th^. The live fish
observed on November 15^th^ (n=23) are assumed to be part of the 60 live
fish counted on November 20^th^. The 2007/08 escapement was 18.3% of the
1996/97-2006/07 average (606). Figure 1 summarizes all the survey data.

A total of 18 kokanee carcasses were processed for biological
information. Of the 18 total carcasses processed, 11 (61.1%) were female
and 7 (38.9%) were male. Average fork length of female and male kokanee
was 428mm and 406mm, respectively. Otoliths were extracted from 15 of
the 18 carcasses, of which 5 were male and 10 were female. Otoliths have
not been read to determine ages of kokanee. Female kokanee carcasses
were examined to determine the percent of unspawned eggs. Of the 11
females examined all except one were completely spawned out. The one
female with eggs was determined to be 100% unspawned and appeared to
have been recently killed by a predator.

On December 3^rd^, 2007 an extremely large flood event occurred in Lake
Sammamish tributaries. It is unlikely that any of the redds constructed
prior to the flood event survived the scour and sedimentation effects.
Most of the live fish and redds in Lewis Creek were observed prior to
December 3^rd^, 2007 flood event. Of the total 118 live fish observed,
only 9 were recorded after the flood event.

Figure 1. Summary of Lewis Creek late-run kokanee spawning ground
surveys and escapement.

+-------------+-------------+-------------+-------------+-------------+
| ######      | **LIVE      | **DEAD      | **FISH      | **MOD. LIVE |
| SURVEY DATE | FISH**      | FISH**      | DAYS**      | FISH**      |
+-------------+-------------+-------------+-------------+-------------+
| Nov-08      | 0           | 0           | 0           | 0           |
+-------------+-------------+-------------+-------------+-------------+
| Nov-15      | 23          | 9           | 81          | 9           |
+-------------+-------------+-------------+-------------+-------------+
| Nov-20      | 60          | 3           | 208         | 63          |
+-------------+-------------+-------------+-------------+-------------+
| Nov-26      | 0           | 2           | 180         | 0           |
+-------------+-------------+-------------+-------------+-------------+
| Nov-28      | 26          | 2           | 26          | 28          |
+-------------+-------------+-------------+-------------+-------------+
| Dec-04      | 0           | 0           | 78          | 0           |
+-------------+-------------+-------------+-------------+-------------+
| Dec-06      | 9           | 0           | 9           | 9           |
+-------------+-------------+-------------+-------------+-------------+
| Dec-10      | 0           | 0           | 18          | 0           |
+-------------+-------------+-------------+-------------+-------------+
| Dec-11      | 0           | 0           | 0           | 0           |
+-------------+-------------+-------------+-------------+-------------+
| Dec-13      | 0           | 0           | 0           | 0           |
+-------------+-------------+-------------+-------------+-------------+
| Dec-17      | 0           | 0           | 0           | 0           |
+-------------+-------------+-------------+-------------+-------------+
| Dec-18      | 0           | 0           | 0           | 0           |
+-------------+-------------+-------------+-------------+-------------+
| Dec-27      | 0           | 0           | 0           | 0           |
+-------------+-------------+-------------+-------------+-------------+
| Dec-31      | 0           | 0           | 0           | 0           |
+-------------+-------------+-------------+-------------+-------------+
| Jan-03      | 0           | 0           | 0           | 0           |
+-------------+-------------+-------------+-------------+-------------+
| Jan-07      | 0           | 1           | 0           | 1           |
+-------------+-------------+-------------+-------------+-------------+
| Jan-10      | 0           | 0           | 0           | 0           |
+-------------+-------------+-------------+-------------+-------------+
| Jan-14      | 0           | 0           | 0           | 0           |
+-------------+-------------+-------------+-------------+-------------+
| Jan-17      | 0           | 1           | 0           | 1           |
+-------------+-------------+-------------+-------------+-------------+
| Jan-25      | 0           | 0           | 0           | 0           |
+-------------+-------------+-------------+-------------+-------------+
| Jan-31      | 0           | 0           | 0           | 0           |
+-------------+-------------+-------------+-------------+-------------+
| **TOTAL:**  | **118**     | **18**      | **599**     | **111**     |
+-------------+-------------+-------------+-------------+-------------+
| **ES        | **\--**     | **\--**     | **120**     | **[11       |
| CAPEMENT:** |             |             |             | 1]{.mark}** |
+-------------+-------------+-------------+-------------+-------------+

**Laughing Jacobs Creek:**

Laughing Jacobs Creek was surveyed twice a week from November 8^th^,
2007 through January 31^st^, 2008. Peak spawning occurred in
mid-November when 7 live fish were observed on November 20^th^, 2007. A
total of 14 live and 1 dead kokanee were observed during surveys. Total
escapement in Laughing Jacobs Creek was estimated to be 15 fish.
Escapement of kokanee into Laughing Jacobs Creek was calculated by
enumerating the live fish observed on November 20^th^, December 6^th^,
and January 14^th^ and the dead fish observed on December 28^th^. The
2007/08 escapement was 15.5% of the 1996/97-2006/07 average (97). Figure
3 summarizes all the survey data.

Only one kokanee carcass was found and processed for biological
information during surveys. The dead kokanee was a male measuring 381mm
fork length. No otolith was extracted from the carcass.

Of the 14 live kokanee counted in Laughing Jacobs Creek, 7 of those fish
were observed prior to the December 3^rd^, 2007 flood. Similar to Lewis
Creek, the scouring and sedimentation effects of the flood likely
destroyed all redds constructed before December 3^rd^, 2007.

Figure 3. Summary of Laughing Jacobs Creek spawning ground surveys and
escapement.

+-------------+-------------+-------------+-------------+-------------+
| ######      | **LIVE      | **DEAD      | **FISH      | **MOD. LIVE |
| SURVEY DATE | FISH**      | FISH**      | DAYS**      | FISH**      |
+-------------+-------------+-------------+-------------+-------------+
| Nov-08      | 0           | 0           | 0           | 0           |
+-------------+-------------+-------------+-------------+-------------+
| Nov-15      | 0           | 0           | 0           | 0           |
+-------------+-------------+-------------+-------------+-------------+
| Nov-20      | 7           | 0           | 18          | 7           |
+-------------+-------------+-------------+-------------+-------------+
| Nov-26      | 0           | 0           | 21          | 0           |
+-------------+-------------+-------------+-------------+-------------+
| Dec-04      | 0           | 0           | 0           | 0           |
+-------------+-------------+-------------+-------------+-------------+
| Dec-06      | 6           | 0           | 6           | 6           |
+-------------+-------------+-------------+-------------+-------------+
| Dec-10      | 0           | 0           | 12          | 0           |
+-------------+-------------+-------------+-------------+-------------+
| Dec-13      | 0           | 0           | 0           | 0           |
+-------------+-------------+-------------+-------------+-------------+
| Dec-17      | 0           | 0           | 0           | 0           |
+-------------+-------------+-------------+-------------+-------------+
| Dec-24      | 0           | 0           | 0           | 0           |
+-------------+-------------+-------------+-------------+-------------+
| Dec-27      | 0           | 0           | 0           | 0           |
+-------------+-------------+-------------+-------------+-------------+
| Dec-28      | 0           | 1           | 0           | 1           |
+-------------+-------------+-------------+-------------+-------------+
| Dec-31      | 0           | 0           | 0           | 0           |
+-------------+-------------+-------------+-------------+-------------+
| Jan-03      | 0           | 0           | 0           | 0           |
+-------------+-------------+-------------+-------------+-------------+
| Jan-07      | 0           | 0           | 0           | 0           |
+-------------+-------------+-------------+-------------+-------------+
| Jan-10      | 0           | 0           | 0           | 0           |
+-------------+-------------+-------------+-------------+-------------+
| Jan-14      | 1           | 0           | 2           | 1           |
+-------------+-------------+-------------+-------------+-------------+
| Jan-17      | 0           | 0           | 2           | 0           |
+-------------+-------------+-------------+-------------+-------------+
| Jan-25      | 0           | 0           | 0           | 0           |
+-------------+-------------+-------------+-------------+-------------+
| Jan-31      | 0           | 0           | 0           | 0           |
+-------------+-------------+-------------+-------------+-------------+
| **TOTAL:**  | **14**      | **1**       | **60**      | **15**      |
+-------------+-------------+-------------+-------------+-------------+
| **ES        | **\--**     | **\--**     | **12**      | **[1        |
| CAPEMENT:** |             |             |             | 5]{.mark}** |
+-------------+-------------+-------------+-------------+-------------+

**Ebright Creek:**

Ebright Creek was surveyed twice a week from November 8^th^ through
January 31^st^, 2008. Peak spawning occurred in late-November with 11
fish observed on November 26^th^, 2007. A total of 17 live and zero dead
kokanee were observed during surveys. Total escapement in Ebright Creek
was estimated to be 17 fish. Escapement of kokanee into Ebright Creek
was calculated by enumerating the live fish observed on November 26^th^,
December 24^th^, and December 28^th^. The 2007/08 escapement was 7.0% of
the 1996/97-2006/07 average (243). Figure 4 summarizes all the survey
data.

No kokanee carcasses were found in Ebright Creek.

Of the 17 live kokanee counted in Ebright Creek, 11 of those fish were
observed prior to the December 3^rd^, 2007 flood. Similar to Lewis and
Laughing Jacobs creeks, the scouring and sedimentation effects of the
flood likely destroyed all redds constructed before December 3^rd^,
2007.

##### Figure 4. Summary of Ebright Creek spawning ground surveys and escapement. 

+-----------------+-----------------+-----------------+-----------------+
| ###             | **LIVE FISH**   | **DEAD FISH**   | **FISH DAYS**   |
| ### SURVEY DATE |                 |                 |                 |
+-----------------+-----------------+-----------------+-----------------+
| Nov-08          | 0               | 0               | 0               |
+-----------------+-----------------+-----------------+-----------------+
| Nov-15          | 0               | 0               | 0               |
+-----------------+-----------------+-----------------+-----------------+
| Nov-20          | 0               | 0               | 0               |
+-----------------+-----------------+-----------------+-----------------+
| Nov-26          | 11              | 0               | 33              |
+-----------------+-----------------+-----------------+-----------------+
| Dec-04          | 0               | 0               | 44              |
+-----------------+-----------------+-----------------+-----------------+
| Dec-06          | 0               | 0               | 0               |
+-----------------+-----------------+-----------------+-----------------+
| Dec-07          | 0               | 0               | 0               |
+-----------------+-----------------+-----------------+-----------------+
| Dec-10          | 0               | 0               | 0               |
+-----------------+-----------------+-----------------+-----------------+
| Dec-13          | 0               | 0               | 0               |
+-----------------+-----------------+-----------------+-----------------+
| Dec-17          | 0               | 0               | 0               |
+-----------------+-----------------+-----------------+-----------------+
| Dec-24          | 5               | 0               | 18              |
+-----------------+-----------------+-----------------+-----------------+
| Dec-27          | 0               | 0               | 8               |
+-----------------+-----------------+-----------------+-----------------+
| Dec-28          | 1               | 0               | 1               |
+-----------------+-----------------+-----------------+-----------------+
| Dec-31          | 0               | 0               | 2               |
+-----------------+-----------------+-----------------+-----------------+
| Jan-03          | 0               | 0               | 0               |
+-----------------+-----------------+-----------------+-----------------+
| Jan-07          | 0               | 0               | 0               |
+-----------------+-----------------+-----------------+-----------------+
| Jan-10          | 0               | 0               | 0               |
+-----------------+-----------------+-----------------+-----------------+
| Jan-14          | 0               | 0               | 0               |
+-----------------+-----------------+-----------------+-----------------+
| Jan-17          | 0               | 0               | 0               |
+-----------------+-----------------+-----------------+-----------------+
| Jan-25          | 0               | 0               | 0               |
+-----------------+-----------------+-----------------+-----------------+
| Jan-31          | 0               | 0               | 0               |
+-----------------+-----------------+-----------------+-----------------+
| **TOTAL:**      | **17**          | **0**           | **104**         |
+-----------------+-----------------+-----------------+-----------------+
| **ESCAPEMENT:** | **[17]{.mark}** | **0**           | **21**          |
+-----------------+-----------------+-----------------+-----------------+

**Pine Lake Creek:**

Pine Lake Creek was surveyed daily by a volunteer stream walker from
November 4^th^, 2007 through January 14^th^, 2008. No live or dead
kokanee were observed during surveys.

**Late-Run Kokanee Escapement Trends:**

Total combined escapement for Vasa, Lewis, Laughing Jacobs, Ebright, and
Pine Lake creeks was 143 fish, which is only 15.1% of the
1996/97-2006/07 average (946). This collapse in spawning escapement is
surprising considering that basin wide escapement in 2003/04 was 4,591
fish. The 2007/08 escapement was expected to be much larger. This
extremely low basin-wide escapement is disconcerting for the 2010-11
run, especially considering the impacts of the December 3^rd^, 2007
flood event. Figures 5 and 6 summarize late-run kokanee escapement
trends.

Figure 5. Escapement trends and average escapement levels of late-run
kokanee.

+---------------+-----------+-------------+-------------+-------------+
| ## LATE-RUN   |           |             |             |             |
|  KOKANEE ESCA |           |             |             |             |
| PEMENT TRENDS |           |             |             |             |
+---------------+-----------+-------------+-------------+-------------+
| # YEAR        | **LEWIS** | **EBRIGHT** | **L.J.**    | *           |
|               |           |             |             | *COMBINED** |
+---------------+-----------+-------------+-------------+-------------+
| 1996-97       | 219       | 70          | 170         | 459         |
+---------------+-----------+-------------+-------------+-------------+
| 1997-98       | 10        | 15          | 29          | 54          |
+---------------+-----------+-------------+-------------+-------------+
| 1998-99       | 43        | 40          | 0           | 83          |
+---------------+-----------+-------------+-------------+-------------+
| 1999-00       | 247       | 134         | 27          | 408         |
+---------------+-----------+-------------+-------------+-------------+
| 2000-01       | 143       | 362         | 92          | 597         |
+---------------+-----------+-------------+-------------+-------------+
| 2001-02       | 722       | 110         | 2           | 834         |
+---------------+-----------+-------------+-------------+-------------+
| 2002-03       | 1,002     | 319         | 384         | 1,705       |
+---------------+-----------+-------------+-------------+-------------+
| 2003-04       | 3,296     | 1,063       | 232         | 4,591       |
+---------------+-----------+-------------+-------------+-------------+
| 2004-05       | 442       | 134         | 18          | 594         |
+---------------+-----------+-------------+-------------+-------------+
| 2005-06       | 217       | 135         | 44          | 396         |
+---------------+-----------+-------------+-------------+-------------+
| 2006-07       | 330       | 292         | 65          | 687         |
+---------------+-----------+-------------+-------------+-------------+
| 2007-08       | 111       | 17          | 15          | 143         |
+---------------+-----------+-------------+-------------+-------------+
| **AVE         | **606**   | **243**     | **97**      | **946**     |
| (96-07):**    |           |             |             |             |
+---------------+-----------+-------------+-------------+-------------+
| **AVE (w/o    | **567**   | **236**     | **68**      | **870**     |
| 03-04):**     |           |             |             |             |
+---------------+-----------+-------------+-------------+-------------+
| **4-YEAR AVE  | **1,071** | **406**     | **90**      | **1,567**   |
| (03-07):**    |           |             |             |             |
+---------------+-----------+-------------+-------------+-------------+

![](media/image2.wmf){width="6.583333333333333in"
height="3.9145833333333333in"}**Figure 6. Escapement trends of late-run
kokanee.**

[^1]: The scientific information referenced in these comments comes from
    the Petition to List the Lake Sammamish Kokanee as Threatened or
    Endangered Under the Federal Endangered Species Act. When
    referencing to the Petition, these comments in turn reference to the
    citations found in the Petition. These comments incorporate, by
    reference, the Petition and all its attachments and appendixes.

[^2]: See WDFW Spawner Escapement Survey Summary, attached as Appendix
    B, which includes data recorded from November 8, 2007 through
    January 31, 2008. Surveys were conducted in Vasa, Lewis, Laughing
    Jacobs, Ebright and Pine Lake Creeks.

[^3]: The full text of the Town Center Plan can be found by going to
    http://www.ci.sammamish.wa.us/, and clicking on the "Town Center"
    tab on the left side of the screen.

[^4]: Id.