[Federal Register Volume 60, Number 239 (Wednesday, December 13, 1995)]
[Notices]
[Pages 64070-64073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30485]



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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Draft Policy for Conserving Species Listed or Proposed for 
Listing Under the Endangered Species Act While Providing and Enhancing 
Recreational Fisheries Opportunities; Request for Public Comment

AGENCIES: Fish and Wildlife Service, Interior; National Marine 
Fisheries Service, NOAA, Commerce.

[[Page 64071]]

ACTION: Notice of policy; Request for public comments.

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SUMMARY: The Fish and Wildlife Service and the National Marine 
Fisheries Service (Services) propose to issue a policy that will 
address the conservation needs of species listed, or proposed to be 
listed, under the Endangered Species Act of 1973, as amended (ESA) 
while providing for the continuation and enhancement of recreational 
fisheries. This proposed policy identifies measures the Services will 
take to ensure consistency in the administration of the Endangered 
Species Act of 1973, as amended between and within the two agencies, 
promote collaboration with other Federal, State, and Tribal fisheries 
managers, and improve and increase efforts to inform nonfederal 
entities of the requirements of the ESA while enhancing recreational 
fisheries. This policy meets the requirements set forth in Section 4 of 
Executive Order 12962, Recreational Fisheries.

DATES: Comments on this proposed draft policy must be received on or 
before February 12, 1996 in order to be considered in the final 
decision on this proposed policy.

ADDRESSES: Comments and materials concerning this proposal should be 
sent to the Chief, Division of Endangered Species, U.S. Fish and 
Wildlife Service, 4401 North Fairfax Drive, Room 452, Arlington, 
Virginia 22203 (telephone 703/358-2171), or the Chief, Endangered 
Species Division, National Marine Fisheries Service, 1315 East-West 
Highway, Silver Spring, Maryland 20910 (telephone 301/713-1401). 
Comments and materials received will be available for public 
inspection, by appointment, during normal business hours in Room 452, 
4401 North Fairfax Drive, Arlington, Virginia 22203 (703/358-2171).

FOR FURTHER INFORMATION CONTACT:
E. LaVerne Smith, Chief, Division of Endangered Species, U.S. Fish and 
Wildlife Service (703/358-2171), or Russell Bellmer, Chief, Endangered 
Species Division, National Marine Fisheries Service (301/713-1401) at 
the respective addresses.

SUPPLEMENTARY INFORMATION:

Background

    The ESA specifically charges the Secretaries of the Interior and 
Commerce with the responsibility to identify, protect, manage, and 
recover species of plants and animals in danger of extinction. The ESA 
also specifically identifies the protection and conservation of 
ecosystems upon which federally listed species depend as among the 
legislation's purposes (16 U.S.C. 1531(i).
    In addition to the ESA, many Federal laws recognize the importance 
of aquatic resources (e.g., Fish and Wildlife Act of 1956, Fish and 
Wildlife Coordination Act, Anadramous Fish Conservation Act, Federal 
Water Project Recreation Act, Federal Aid in Sport Fish Restoration 
Act, National Wildlife Refuge System Administration Act of 1966, 
Magnuson Fishery Conservation and Management Act, Marine Sanctuaries 
Act, Coastal Zone Management Act, National Recreation Act of 1962, 
National Environmental Policy Act). These laws outline the roles of 
several Federal agencies to protect, restore, and conserve aquatic 
resources, and to provide for and enhance fisheries and other 
recreational uses; some apply only to activities undertaken, permitted, 
licensed, or funded by a Federal agency.
    Most of North America's aquatic environments and biological 
communities have been significantly altered by human impacts. Degraded 
habitats have reduced the capacity of aquatic ecosystems to support 
former diversity and abundance of native fish and other freshwater 
species. Degraded and altered habitats are among the most commonly 
cited causes of population extirpation and decline among federally 
protected endangered and threatened aquatic species. Likewise, losses 
of suitable aquatic habitats have resulted in significant declines 
among many native sport and non-game species of fish and other aquatic 
organisms.
    As of November 1, 1995, within the United States, 105 species of 
fish and 57 species of clams/mussels are on the Federal threatened or 
endangered species list (50 CFR 17.11 & 17.12). Approximately 36 
percent of the fishes, 64 percent of the crayfishes, and 69 percent of 
the freshwater mussels in the United States are considered imperiled or 
extinct (Data from the National Network of Natural Heritage Programs 
and Conservation Data Centers and The Nature Conservancy, Eastern 
Regional Office, Boston, Massachusetts).
    The Services recognize that fishery resources and aquatic 
ecosystems are integral components of our heritage and play an 
important role in the Nation's social, cultural, and economic well-
being. Annually, approximately 50 million anglers spend $24 billion 
directly on tackle, equipment, food and lodging, and other fishing-
related expenses. The total economic output (wholesale, retail, 
manufacturing, and supply of goods and services) stimulated by angler 
spending exceeded $69 billion in 1991. Those expenditures generated 
over $2.1 billion in Federal tax revenues, and provided employment for 
approximately 1.3 million people nationwide.
    Historically, resource managers did not fully understand the 
effects of some management actions on ecosystems. Habitat alteration 
and degradation, heavy fishing pressure, and introduction of non-native 
species often resulted in unexpected negative impacts to other 
ecosystems components. As today's managers realize more fully the 
impacts of their actions, they also realize that they must be more 
cautious in what activities they prescribe in natural ecosystems. The 
benefits gained by some actions may be paid for with losses to non-
target species or habitats. This has led to potential conflicts between 
efforts to conserve native species and their communities, and 
obligations to maintain and enhance recreational fishing opportunities. 
These issues have been of particular concern where the Services' 
responsibilities for both recreational fisheries and recovery of 
federally protected species are perceived to be opposed or mutually 
exclusive.
    The present altered condition of many aquatic ecosystems limits 
their ability to support fish and other aquatic organisms. Successful 
future management of the Nation's aquatic resources must become more 
focused on an ecosystem approach to management that recognizes multiple 
uses of aquatic systems. Management of biological resources must be 
based on a sound scientific understanding of species' life histories, 
habitat requirements, and ecosystem processes. Resource managers and 
administrators must recognize the intrinsic, aesthetic, recreational, 
and economic importance of these same resources and assess their 
ability to meet the needs and desires of a variety of interests. 
Successful future management of aquatic resources requires substantive 
cooperative partnerships and a willingness to resolve differences among 
the Services and other Federal agencies, States, Native American 
governments, and private stakeholders. Such cooperation and problem 
solving must be based on a framework of mutually recognized concerns 
and common goals developed by all the stakeholders in a given area.
    On June 7, 1995, President Clinton issued Executive Order 12962, 
Recreational Fisheries. That order requires Federal agencies, to the 
extent permitted by law and where practical, and in cooperation with 
States and Tribes, to improve the quantity, function, sustainable 
productivity, and distribution of U.S. aquatic resources for 

[[Page 64072]]
increased recreational fishing opportunities. Among other actions, the 
order requires all Federal agencies to aggressively work to promote 
compatibility and reduce conflict between administration of the ESA and 
recreational fisheries.

Policy

    The Services recognize the primary responsibility of State and 
Native American governments for the protection and management of fish, 
wildlife, and plant resources within their jurisdictions. The Services' 
policy is to work closely with the States and other stakeholders to 
minimize and resolve conflicts between implementation of the ESA and 
activities to enhance recreational fisheries. This will be accomplished 
through cooperative partnerships with other Federal agencies, State and 
local governments, Native American governments, recreational fisheries 
interests, conservation organizations, industry, and other interested 
recreational fisheries stakeholders. Activities to be undertaken by the 
Services with respect to implementation of the ESA include the 
following general areas:
    1. The Services will increase efforts to work with all stakeholders 
in a given area to develop mutually understood and accepted goals and 
objectives among the involved Federal agencies, States, Native American 
governments, and affected recreational fisheries interests for the 
conservation of listed species by:
    A. Ensuring consistency in ESA implementation between and within 
the Services;
    B. Promoting cooperative interaction with other Federal agencies, 
States, Native American governments, and recreational fisheries 
stakeholders at appropriate organizational levels in implementing the 
ESA;
    C. Promoting collaboration and information sharing among other 
Federal agencies, States, Native American governments, and recreational 
fisheries stakeholders;
    D. Coordinating with all affected partners throughout the decision-
making processes on federally listed species issues that may affect 
recreational fisheries; and
    E. Improving and increasing efforts to inform non-Federal entities 
of the requirements of the ESA with particular reference to Sections 4, 
7, 9, and 10.
    2. The Services will encourage participation of other Federal 
agencies, States, Native American governments, and affected 
recreational fisheries stakeholders in developing, implementing, and 
reviewing actions identified in approved recovery plans for listed 
species by:
    A. Involving other Federal agencies, States, Native American 
governments, recreational fisheries stakeholders in recovery planning 
and implementation;
    B. Encouraging proactive conservation, restoration, and improvement 
projects on public and private lands and waters to conserve federally 
listed or proposed aquatic species and to support, when possible, 
similar measures to prevent further decline of species and loss of 
habitat in order to preclude the need to list additional species under 
the ESA;
    C. Supporting management practices that are consistent with 
recovery objectives and compatible with existing recreational 
fisheries;
    D. Identifying priorities for the restoration of aquatic habitats 
needed to conserve and recover federally listed and proposed species 
and, working to concurrently to support increased recreational fishing 
opportunities to the maximum extent possible;
    E. Encouraging management actions that protect and conserve aquatic 
habitats, ecological processes and the diversity of aquatic 
communities;
    F. Coordinating the reintroduction of listed species into former 
habitats within the species' historical range with other Federal 
agencies, States, and Native American governments, and other interested 
or affected entities, including recreational fisheries interests;
    G. Evaluating the potential impacts of proposed introductions of 
non-indigenous species or hybrids in drainages supporting federally 
listed or proposed species. Such introductions must be based on 
management plans incorporating sound genetics, disease control, 
ecological principles, and listed species recovery objectives, as well 
as recreational fisheries and other socio-economic objectives;
    H. Ensuring the effectiveness of actions taken to recover listed 
species by periodically evaluating, and adjusting conservation and 
recovery strategies and actions accordingly to minimize adverse effects 
on recreational fisheries where possible;
    I. Eliminating unnecessary restrictions affecting recreational 
fisheries. Priority will be given to reviewing restrictions on 
recreational fisheries in areas currently unoccupied by a listed 
species but within known historical range of the listed species, areas 
unoccupied but designated as critical habitat, and areas that are not 
viewed as essential to a listed species' recovery. The value of the 
unoccupied areas as reintroduction sites for federally listed species 
will be carefully evaluated and balanced with activities needed to 
enhance recreational fisheries.
    J. Encouraging States to become active participants in listed 
aquatic endangered, threatened, and proposed species recovery through 
Section 6 grants; and
    K. Assisting the States and Native American governments in meeting 
their recreational fishing goals.
    3. The Services, in cooperation with other Federal agencies, 
States, Native American governments, private organizations, and other 
recreational fisheries stakeholders will provide the public with a 
better understanding of the relationship between conservation and 
recovery of federally listed and proposed species and recreational 
fisheries by:
    A. Involving the public in identifying opportunities to enhance 
recreational fisheries while providing for the conservation of 
federally listed species, and in identifying and implementing solutions 
to aquatic systems degradation;
    B. Informing the fishing and non-fishing public about the ESA. Such 
efforts will include but not be limited to addressing topics such as 
the incidental take of listed species, the use of 4(d) rules, habitat 
conservation planning, and other adaptive conservation tools; and
    C. Assisting to identify and provide, contingent on appropriations, 
priorities, and other constraints, comparable alternative recreational 
opportunities when existing recreational fisheries opportunities are 
altered or curtailed to meet objectives for conservation of federally 
listed or proposed species.
    4. In order for the Services to meet particular mandates to 
conserve federally endangered, threatened, or proposed species while 
providing and enhancing recreational fisheries opportunities, the 
Services will:
    A. Work with the recreational fisheries community in evaluating 
accomplishments, including those of the Services, toward meeting the 
prescriptions of this policy; and
    B. Restore and enhance aquatic habitats to conserve Federal 
endangered, threatened, and proposed species and increase recreational 
fishing opportunities on Federal lands, consistent with agency 
missions, authorities, and as described in various agency strategic 
plans and initiatives contingent on appropriations, priorities, and 
other constraints. 

[[Page 64073]]


Scope of Policy

    This draft policy applies to all pertinent organizational elements 
of the Services and includes all efforts funded, authorized, or carried 
out by the Services relative to recreational fisheries and 
implementation of the ESA.

Public Comments Solicited

    The Services intend that any final policy be accurate and effective 
and take advantage of information and recommendations from all 
interested parties. Therefore, the Services solicit comments and 
suggestions from the public, other concerned governmental agencies, the 
scientific community, industry, or any other interested party. The 
final decision on this policy will take into consideration any comments 
and any additional information received by the Services, and may lead 
to a policy that differs from this draft. The Services' decision will 
be published for public information

Author/Editor

    The editors of this draft policy are David Harrelson of the Fish 
and Wildlife Service's Division of Endangered Species, Mail Stop 452 
ARLSQ, 1849 C Street, NW, Washington, DC 20240 (703/358-2171), Bob 
Batky of the Fish and Wildlife Service's Division of Fish Hatcheries, 
Mail Stop 832 ARLSQ, 1849 C Street, NW, Washington, DC 20240 (703/358-
1715), and Marta Nammack of the National Marine Fisheries Service's 
Endangered Species Division, 1315 East-West Highway, Silver Spring, 
Maryland 20910 (301/713-1401).

Authorities

    Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1544), 
Fish and Wildlife Act of 1956 (16 U.S.C. 742a-742j), Fish and Wildlife 
Coordination Act (16 U.S.C. 661-667e), Federal Water Project Recreation 
Act (16 U.S.C. 460 (L)(12)-460(L)(21), Federal Aid in Sport Fish 
Restoration Act (16 U.S.C. 777-777k), Anadromous Fish Conservation Act 
(16 U.S.C. 757a-757g), Magnuson Fishery Conservation and Management Act 
(16 U.S.C. 1801-1862), National Environmental Policy Act of 1969 (42 
U.S.C. 4321-4347).

    Dated: December 1, 1995.
Mollie H. Beattie,
Director, U.S. Fish and Wildlife Service, Department of the Interior.

    Dated: December 4, 1995.

Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service, National Oceanic and Atmospheric Administration, Department of 
Commerce.
[FR Doc. 95-30485 Filed 12-11-95; 2:13 pm]
BILLING CODE 4310-55-M