Federal Register / Vol. 62, No. 243 / Thursday, December 18, 1997 / Proposed Rules 66325

Channel Radio Licenses, Inc., to allot

Channel 258C1 to Guymon, OK, as the

community’s second local FM service.

Channel 258C1 can be allotted to

Guymon in compliance with the

Commission’s minimum distance

separation requirements without the

imposition of a site restriction, at

coordinates 36–41–00 North Latitude;

101–29–06 West Longitude.

DATES: Comments must be filed on or

before February 2, 1998, and reply

comments on or before February 17,

1998.

ADDRESSES: Federal Communications

Commission, Washington, DC 20554. In

addition to filing comments with the

FCC, interested parties should serve the

petitioner, or its counsel or consultant,

as follows: Richard J. Bodorff,

Christopher L. Robbins, Wiley, Rein &

Fielding, 1776 K Street, N.W.,

Washington, D.C. 20006 (Counsel to

petitioner).

FOR FURTHER INFORMATION CONTACT:

Leslie K. Shapiro, Mass Media Bureau,

(202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Notice of

Proposed Rule Making, MM Docket No.

97–238, adopted November 26, 1997,

and released December 12, 1997. The

full text of this Commission decision is

available for inspection and copying

during normal business hours in the

FCC Reference Center (Room 239), 1919

M Street, NW., Washington, DC. The

complete text of this decision may also

be purchased from the Commission’s

copy contractor, International

Transcription Services, Inc., (202) 857–

3800, 1231 20th Street, NW,

Washington, DC 20036.

Provisions of the Regulatory

Flexibility Act of 1980 do not apply to

this proceeding.

Members of the public should note

that from the time a Notice of Proposed

Rule Making is issued until the matter

is no longer subject to Commission

consideration or court review, all ex

parte contacts are prohibited in

Commission proceedings, such as this

one, which involve channel allotments.

See 47 CFR 1.1204(b) for rules

governing permissible ex parte contacts.

For information regarding proper

filing procedures for comments, see 47

CFR 1.415 and 1.420.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 97–33046 Filed 12–17–97; 8:45 am]

BILLING CODE 6712–01–U

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.

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

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. 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
66326 Federal Register / Vol. 62, No. 243 / Thursday, December 18, 1997 / Proposed Rules

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

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.

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

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 intercontinental 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. 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, nongovernmental organizations, the
Federal Register / Vol. 62, No. 243 / Thursday, December 18, 1997 / Proposed Rules 66327

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). 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. 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 mid1980’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). 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.

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. 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
66328 Federal Register / Vol. 62, No. 243 / Thursday, December 18, 1997 / Proposed Rules

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. 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

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.

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 multisea-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. 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.
Federal Register / Vol. 62, No. 243 / Thursday, December 18, 1997 / Proposed Rules 66329

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. 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. 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

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 interconnections between population units

within metapopulations and the multilayered 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.

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
66330 Federal Register / Vol. 62, No. 243 / Thursday, December 18, 1997 / Proposed Rules

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.

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. 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. 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

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.
Federal Register / Vol. 62, No. 243 / Thursday, December 18, 1997 / Proposed Rules 66331

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. 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.

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.

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

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. Additional protection will be

provided by an emergency disease

eradication program involving action

steps to be taken in the event of the
66332 Federal Register / Vol. 62, No. 243 / Thursday, December 18, 1997 / Proposed Rules

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. 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 ICESNorth 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). 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 nonmaturing 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.

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 riverspecific 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 presmolt 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
Federal Register / Vol. 62, No. 243 / Thursday, December 18, 1997 / Proposed Rules 66333

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.

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.

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 Riverorigin 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. 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 subwatersheds, 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,
66334 Federal Register / Vol. 62, No. 243 / Thursday, December 18, 1997 / Proposed Rules

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. 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. 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. 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. 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, landuse 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.
Federal Register / Vol. 62, No. 243 / Thursday, December 18, 1997 / Proposed Rules 66335

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.

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. 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. 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. 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
66336 Federal Register / Vol. 62, No. 243 / Thursday, December 18, 1997 / Proposed Rules

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, riverspecific 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.

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 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. 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,

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
Federal Register / Vol. 62, No. 243 / Thursday, December 18, 1997 / Proposed Rules 66337

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. 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. 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. 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

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.

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
66338 Federal Register / Vol. 62, No. 243 / Thursday, December 18, 1997 / Proposed Rules

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.

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. 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). A

decision to reinitiate the listing process

generally would be made shortly after

the end of an annual reporting period;

however, under circumstances

involving an emergency threat, the

decision would be made immediately

following a determination by the

Services that the emergency threat is not

being adequately addressed.

Appropriate notice will be provided to

State officials should the Services

decide to reinitiate the listing process.

References/Administrative Record

The complete citations for the

references used in the preparation of

this document can be obtained by

contacting Mary Colligan or Paul

Nickerson (see ADDRESSES section).

Persons wishing to review the

Administrative Record relating to this

action may contact either individual to

set up an appointment.

Authors: The primary authors of this

notice are Mary Colligan and Paul

Nickerson (see ADDRESSES section).

Authority: The authority for this action is

section 4(b)(6)(B)(ii) of the Endangered

Species Act of 1973, as amended (16 U.S.C.

1531 et seq.)

Dated: December 12, 1997.

Jamie Rappaport Clark,

Director, Fish and Wildlife Service.

Dated: December 12, 1997.

Rolland A. Schmitten,

Assistant Administrator for Fisheries,

National Marine Fisheries Service.

[FR Doc. 97–33042 Filed 12–17–97; 8:45 am]

BILLING CODE 4310–55–P