[Federal Register Volume 65, Number 214 (Friday, November 3, 2000)]
[Proposed Rules]
[Pages 66221-66222]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-28306]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 224 and 226

[Docket No. 001025297-0297-01; I.D. 101000E]
RIN 0648-XA58


Listing Endangered and Threatened Species and Designating 
Critical Habitat: Petition To List Lower Columbia River Coho Salmon

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of finding and request for information.

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SUMMARY: NMFS has received a petition to list the lower Columbia River 
populations of coho salmon (Oncorhynchus kisutch) on an emergency basis 
and to designate critical habitat under the Endangered Species Act 
(ESA). NMFS determines that the petition presents substantial 
scientific information indicating that a listing may be warranted, but 
that there is insufficient evidence to support an emergency listing. 
NMFS solicits information and comments pertaining to these coho salmon 
populations and their habitats, and seeks suggestions from the public 
for peer reviewers for any proposed listing determination that may 
result from the agency's status review of the species.

DATES: Information and comments must be received by January 2, 2001.

ADDRESSES: Information and comments on this action should be submitted 
to Chief, Protected Resources Division, NMFS, 525 NE Oregon Street - 
Suite 500, Portland, OR 97232. Comments will not be accepted if 
submitted via e-mail or the Internet. However, comments may be sent via 
fax to (503) 230-5435.

FOR FURTHER INFORMATION CONTACT: Garth Griffin, NMFS, Northwest Region, 
(503) 231-2005 or Chris Mobley, NMFS, Office of Protected Resources, 
(301) 713-1401.

SUPPLEMENTARY INFORMATION:

Electronic Access

    Reference materials regarding this rule can also be obtained from 
the internet at www.nwr.noaa.gov.

Background

    On July 24, 2000, NMFS received a petition from Oregon Trout, 
Native Fish Society, and Oregon Council of Trout Unlimited to list wild 
populations of lower Columbia River coho salmon as endangered under the 
ESA. The petitioners further requested that NMFS list these populations 
on an emergency basis and concurrently designate critical habitat for 
them in accordance with the ESA. Copies of this petition are available 
from NMFS (See ADDRESSES).
    Lower Columbia River coho salmon populations have been the subject 
of two previous ESA status reviews. The first review resulted from a 
June 7, 1990, petition from Oregon Trout and several co-petitioners 
requesting ESA protection for lower Columbia River coho salmon. NMFS 
accepted the petition but later determined that listing was not 
warranted because available information was inconclusive and did not 
allow the agency to identify a distinct population segment (hence a 
``species'') under the ESA (56 FR 29553, June 27, 1991). In 1993, NMFS 
received additional petitions which prompted a more comprehensive 
status review of coho salmon in California, Oregon, Idaho, Washington, 
and southern British Columbia (60 FR 38011, July 25, 1995). This status 
review identified six distinct population segments (referred to as 
Evolutionarily Significant Units or ``ESUs'') of coho salmon, three of 
which were subsequently listed as threatened species-the central 
California coast ESU (61 FR 56138, October 31, 1996); southern Oregon/
northern California coasts ESU (62 FR 24588, May 6, 1997), and Oregon 
coast ESU (63 FR 42587, August 10, 1998). NMFS determined that listing 
was not warranted for three other ESUs - the Olympic Peninsula ESU, 
Puget Sound/Strait of Georgia ESU, and southwest Washington/lower 
Columbia River ESU - but that the latter two ESUs should be classified 
as candidate species due to specific risk factors and concerns about 
the overall health of the ESUs. The agency committed to re-assessing 
these candidate ESUs to determine if listing proposals were warranted 
(60 FR 38011, 38022, July 25, 1995).
    In 1996, NMFS' West Coast Coho Salmon Biological Review Team (BRT) 
updated the 1995 status review and produced a draft document that was 
distributed to co-managers for review and comment in December 1996 
(NMFS, 1996). In this draft update, the BRT reached preliminary 
conclusions regarding the stock structure of coho populations in the 
candidate ESUs. With respect to Columbia River coho salmon populations, 
the BRT concluded that the southwest Washington/lower Columbia River 
ESU may warrant splitting into separate southwest Washington and lower 
Columbia River ESUs, but the level of risk faced by these separate ESUs 
was still in question. Since the time of these preliminary conclusions, 
NMFS has continued to update and compile data via meetings with 
comanagers and coho salmon experts in the Pacific Northwest but has not 
proposed any changes to the ESA status of the candidate ESUs.

Analysis of Petition

    Section 4(b)(3) of the ESA contains provisions concerning petitions 
from interested persons requesting the Secretary of Commerce 
(Secretary) to list species under the ESA (16 U.S.C. 1533(b)(3)(A)). 
Section 4(b)(3)(A) requires that, to the maximum extent practicable, 
within 90 days after receiving such a petition, the Secretary must make 
a finding whether the petition presents substantial scientific 
information indicating that the petitioned action may be warranted. 
This includes determining whether there is evidence that the subject 
populations may qualify as a ``species'' under the ESA, in accordance 
with NMFS' Policy on Applying the Definition of Species under the 
Endangered Species Act to Pacific Salmon (56 FR 58612, November 20, 
1991).
    NMFS' ESA implementing regulations define ``substantial 
information'' as the amount of information that would lead a reasonable 
person to believe that the measure proposed in the petition may be 
warranted. In evaluating a petitioned action, the Secretary considers 
several factors, including whether the petition contains detailed 
narrative justification for the recommended measure, describing, based 
on available information, past and present numbers and distribution of 
the species involved and any threats faced by the species (50 CFR 
424.14(b)(2)(ii)). In addition, the Secretary considers whether the 
petition provides information regarding the status of the species over 
all or a significant portion of its range (50 CFR 424.14(b)(2)(iii)).

[[Page 66222]]

    NMFS evaluated whether the petition met the ESA's standard for 
``substantial information'' and applied this standard in determining 
whether to accept the petition as well as whether to invoke an 
emergency listing under the ESA. NMFS believes it is appropriate to 
accept the petition to list the species but to reject the petitioner's 
request for an emergency listing as ``endangered.'' On this latter 
issue the petition failed to present new and substantial information to 
resolve longstanding uncertainties about ESU configuration and level of 
risk to these populations. However, the petition does highlight key 
issues warranting consideration by NMFS, including: (1) recent genetic 
evidence bearing on the issue of whether to split the southwest 
Washington/lower Columbia River ESU; (2) viability analyses indicating 
that Clackamas and Sandy River coho salmon populations are at high risk 
of extinction; and (3) evidence that populations may persist in other 
lower Columbia River tributaries. NMFS believes that an emergency 
listing should occur only after the ESU structure has been determined. 
NMFS will not presuppose the outcome of a more rigorous status review 
and BRT assessment.

Petition Finding

    After reviewing the information contained in the petition, as well 
as information readily available to NMFS scientists, the Secretary 
determines that the petition presents substantial scientific 
information indicating the petitioned action may be warranted. However, 
NMFS does not believe that available information supports the 
petitioner's request for an emergency listing. In accordance with 
section 4(b)(3)(B) of the ESA, the Secretary will make his 
determination whether the petitioned action is warranted for this 
species within 12 months from the date the petition was received (i.e., 
by July 24, 2001).

Listing Factors and Basis for Determination

    Under section 4(a)(1) of the ESA, a species can be determined to be 
threatened or endangered based on any of the following factors: (1) The 
present or threatened destruction, modification, or curtailment of a 
species' habitat or range; (2) overutilization for commercial, 
recreational, scientific, or educational purposes; (3) disease or 
predation; (4) inadequacy of existing regulatory mechanisms; or (5) 
other natural or manmade factors affecting the species continuing 
existence. Listing determinations are based solely on the best 
available scientific and commercial data after taking into account any 
efforts being made by any state or foreign nation to protect the 
species.

Information Solicited

    To ensure that the status review is complete and based on the best 
available scientific and commercial data, NMFS solicits information and 
comments concerning the status of Columbia River basin coho salmon 
populations (see DATES and ADDRESSES). Specifically, the agency is 
seeking updated information since 1994 on: (1) abundance estimates and 
measures of population productivity, including spawner-recruit or 
spawner-spawner survival data, smolt production estimates, size and 
fecundity data, and ocean survival rates; (2) impacts associated with 
hatchery production including estimates of hatchery fish releases, 
straying rates, and proportions of hatchery fish in spawner escapements 
to lower Columbia River tributaries; (3) estimates of hatchery fish 
survival and their reproductive success in the wild; (4) genetic, life 
history, habitat, and other evidence distinguishing Columbia River coho 
salmon populations from coastal populations; (5) current or planned 
activities and their possible impact on this species (e.g., harvest 
measures and habitat actions); and (6) efforts being made to protect 
coho salmon in Washington and Oregon.
    NMFS also requests information describing the quality and extent of 
freshwater, estuarine and marine habitats for Columbia River coho 
salmon, as well as information on areas that may qualify as critical 
habitat. Areas that include the physical and biological features 
essential to the recovery of the species should be identified. 
Essential features include, but are not limited to, the following: (1) 
Habitat for individual and population growth, and for normal behavior; 
(2) food, water, air, light, minerals, or other nutritional or 
physiological requirements; (3) cover or shelter; (4) sites for 
reproduction and rearing of offspring; and (5) habitats that are 
protected from disturbance or are representative of the historic 
geographical and ecological distributions of the species. NMFS is also 
seeking information and maps describing natural and manmade barriers 
within the species' current and historical range in the Columbia River 
basin.
    For areas potentially qualifying as critical habitat, NMFS also 
requests information describing (1) the activities that affect the area 
or could be affected by the designation, and (2) the economic costs and 
benefits of additional requirements of management measures likely to 
result from the designation. The economic cost to be considered in a 
critical habitat designation under the ESA is the probable economic 
impact ``of the (critical habitat) designation upon proposed or ongoing 
activities'' (50 CFR 424.19). NMFS must consider the incremental costs 
specifically resulting from a critical habitat designation that are 
above the economic effects attributable to listing the species. 
Economic effects attributable to listing include actions resulting from 
section 7 consultations under the ESA to avoid jeopardy to the species 
and from the taking prohibitions under section 9 or 4(d) of the ESA. 
Comments concerning economic impacts should distinguish the costs of 
listing from the incremental costs that can be directly attributed to 
the designation of specific areas as critical habitat.
    On July 1, 1994, NMFS, jointly with the U.S. Fish and Wildlife 
Service, published a series of policies regarding listings under the 
ESA, including a policy for peer review of scientific data (59 FR 
34270). The intent of the peer review policy is to ensure that listings 
are based on the best scientific and commercial data available. NMFS 
now solicits the names of recognized experts in the field who could 
take part in the peer review process for the agency's status review of 
Columbia River coho salmon. Peer reviewers may be selected from 
academic and scientific community, tribal and other Native American 
groups, Federal and state agencies, the private sector, and public 
interest groups.

    Authority: 16 U.S.C. 1531 et seq.

    Dated: October 30, 2000.
William T. Hogarth,
Deputy Administrator for Fisheries, National Marine Fisheries Service.
[FR Doc. 00-28306 Filed 11- 2-00; 8:45 am]
BILLING CODE 3510-22-S