14410 Federal Register / Vol. 60, No. 52 / Friday, March 17, 1995 / Proposed Rules

3501 et seq.) and assigned clearance

number 1018–0070.

List of Subjects in 50 CFR part 18

Administrative practice and

procedure, Imports, Indians, Marine

mammals, Transportation.

For the reasons set forth in the

preamble, part 18, subchapter B of

Chapter I, Title 50 of the Code of

Federal Regulations is proposed to be

amended as set forth below:

PART 18—MARINE MAMMALS

1. The authority citation for 50 CFR

part 18 continues to read as follows:

Authority: 16 U.S.C. 1361 et seq.

2. Section 18.122 of Subpart J is

proposed to be revised to read as

follows:

§ 18.122 Effective dates.

Regulations in this subpart, originally

effective for an 18-month period from

December 16, 1993, through June 16,

1995, will continue in effect for an

additional 42 month period through

December 15, 1998, for oil and gas

exploration, development, and

production activities.

Dated: March 10, 1995.

George T. Frampton, Jr.

Assistant Secretary for Fish and Wildlife and

Parks.

[FR Doc. 95–6593 Filed 3–16–95; 8:45 am]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 222

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

Endangered and Threatened Wildlife

and Plants; 12 Month Finding for a

Petition to List the Anadromous

Atlantic Salmon (Salmo Salar)

Populations in the United States as

Endangered or Threatened

AGENCIES: National Marine Fisheries

Service, National Oceanic and

Atmospheric Administration,

Commerce; and Fish and Wildlife

Service, Interior.

ACTION: Notice of petition finding.

SUMMARY: The National Marine

Fisheries Service (NMFS) and the U.S.

Fish and Wildlife Service (FWS),

collectively the Services, announce a

12-month finding on a petition to list

the Atlantic salmon (Salmo salar)

throughout its range in the United States

as an endangered species pursuant to

the Endangered Species Act of 1973

(Act). A Biological Review Team

(Team), comprising staff from both

NMFS and FWS, have compiled and

analyzed available data, and prepared a

‘‘Status Review for Anadromous

Atlantic Salmon in the United States.’’

The Services have determined that

available biological evidence indicates

that the species described in the petition

does not meet the definition of

‘‘species’’ under the Endangered Species

Act. Consequently, the Services

conclude that the petitioned action to

list Atlantic salmon throughout its

historic United States range is not

warranted.

DATES: The finding made in this

document was made on March 10, 1995.

ADDRESSES: Comments or questions

concerning this petition finding should

be sent to the Chief, Division of

Endangered Species, FWS, 300 Westgate

Center Drive, Hadley, Massachusetts

01035, or the Chief, Habitat and

Protected Resources Division, NMFS, 1

Blackburn Drive, Gloucester,

Massachusetts 01930. The petition

finding and supporting data are

available for public inspection by

appointment during normal business

hours at the above addresses and at

FWS, 1033 South Main Street, Old

Town, Maine 04468 (207–827–5938).

FOR FURTHER INFORMATION CONTACT: Paul

Nickerson, Chief, Division of

Endangered Species, at the Hadley,

Massachusetts address (413–253–8615)

or Mary Colligan, Marine Habitat

Specialist, at the Gloucester,

Massachusetts address (508–281–9116).

SUPPLEMENTARY INFORMATION:

Background

Section 4(b)(3)(B) of the Act requires

that for any petition to revise the List of

Endangered and Threatened Wildlife

and Plants that contains substantial

scientific and commercial information

indicating that the petitioned action

may be warranted, the FWS or the

NMFS, as appropriate, must undertake a

review of the species in question and

make a finding within 12 months of the

receipt of the petition on whether the

petitioned action is (a) not warranted,

(b) warranted, or (c) warranted but

precluded from immediate proposal by

other pending proposals of higher

priority. Section 4(b)(3)(C) requires that

petitions for which the requested action

is found to be ‘‘warranted but

precluded’’ should be treated as though

resubmitted on the date of such finding,

i.e., requiring a subsequent finding to be

made within 12 months.

In October and November, 1993, the

Services received a petition from

RESTORE: the North Woods,

Biodiversity Legal Foundation and

Jeffrey Elliot to list naturally spawning

anadromous Atlantic salmon (Salmo

salar) throughout its known historic

range in the conterminous United

States, and to designate critical habitat.

The petitioners presented current and

historical information on Atlantic

salmon populations, identified possible

threats including commercial and sport

fishing, pollution, barriers, land use

practices, genetic disruption and others,

and cited numerous scientific articles to

support the petition.

The Services published a notice of

finding on January 20, 1994 (59 FR

3067–3068), stating that the petition

presented substantial information

indicating that the requested action may

be warranted. The Services also

announced their intention to conduct a

status review and solicited information

from interested parties. To formalize the

cooperative approach between NMFS

and FWS in response to this petition, a

Memorandum of Agreement was signed

on March 14, 1994, by the regional

directors of the respective agencies. A

Biological Review Team (Team),

comprising staff from the Services, has

compiled and analyzed available data.

The Team prepared a report entitled

‘‘Status Review for Anadromous

Atlantic Salmon in the United States,

January 1995’’ which provides detailed

information, discussion and references.

This report is summarized below and is

available upon request (see ADDRESSES).

Life History

Anadromous Atlantic salmon have a

relatively complex life history that

extends from spawning and juvenile

rearing in freshwater rivers to extensive

feeding migration in the high seas. As a

result, Atlantic salmon have several

distinct phases in their life history that

are identified by specific behavioral and

physiological changes. Adult Atlantic

salmon ascend the rivers of New

England beginning in spring, a

migration that peaks in June and

continues into fall. Spawning occurs in

late October through November. Good

spawning habitat has a gravel substrate

and adequate water circulation to keep

eggs well oxygenated. Female

anadromous Atlantic salmon produce

between 1,500 and 1,800 eggs per

kilogram (2.2 pounds) of body weight;

on average each female Maine Atlantic

salmon produces 7,200 eggs. Eggs hatch

in late March or April and the resulting
Federal Register / Vol. 60, No. 52 / Friday, March 17, 1995 / Proposed Rules 14411

alevin remain in the redd for about 6

weeks and are nourished by their yolk

sac. When alevin emerge from the gravel

about mid-May and begin feeding, they

are referred to as fry. Fry become parr

as vertical bars become visible on the

sides of their bodies. In spring, when

the parr are 2 or 3 years of age and 12.5

centimeters (cm) to 15 cm (5 to 6 inches

(in.)) long, they undergo smoltification,

a process where morphological and

physiological changes prepare the smolt

for the transition from fresh to salt

water. Most smolts in New England

migrate to sea in May and begin their

ocean feeding migration.

The marine life history of Atlantic

salmon of U.S. origin is not as well

understood as the freshwater phase.

Scientists have discovered correlations

between natural mortality in the marine

environment and abiotic factors,

particularly sea surface temperature.

Atlantic salmon of U.S. origin are highly

migratory, undertaking long marine

migrations from the mouth of U.S. rivers

to the northwest Atlantic Ocean where

they are distributed seasonally over

much of the region. Upon entry into the

nearshore waters of Canada, the U.S.

post-smolts become part of a mixture of

stocks of Atlantic salmon from various

North American streams. Data from

commercial harvest indicate that postsmolts overwinter in the southern

Labrador Sea and in the Bay of Fundy.

Direct sampling during the winter

months is needed to better understand

post-smolt Atlantic salmon distribution

in the North Atlantic. Most Atlantic

salmon of U.S. origin spend two winters

in the ocean before returning to fresh

water for spawning. Those that return

after only 1 year at sea are called grilse.

Consideration as a ‘‘Species’’ Under the

Act

The Act defines species as ‘‘any

species of fish or wildlife or plants, and

any distinct population segment of any

species of vertebrate fish or wildlife that

interbreeds when mature.’’ This

definition allows for the recognition of

distinct population segments (DPSs) at

levels below taxonomically recognized

species or subspecies. Guidance on

defining a DPS of a species under the

Act has been provided by NMFS’

‘‘Policy on Applying the Definition of

Species under the Endangered Species

Act to Pacific Salmon’’ (56 FR 58612,

November 20, 1991). This Policy states

that a Pacific salmon population will be

considered distinct, and therefore a

species under the Act, if it represents an

evolutionarily significant unit (ESU) of

the biological species. Because the

structure of Atlantic salmon populations

is similar to that of Pacific salmonids,

the ESU approach currently used for the

Pacific salmonids provides a practical

framework for delineating DPSs of

Atlantic salmon under the Act.

Accordingly, the Team used the ESU

approach to define DPSs of Atlantic

salmon. To qualify as a DPS, a

population (or group of populations) of

indigenous Atlantic salmon must be

reproductively isolated from conspecific

populations and must be evolutionarily

significant (i.e. contribute substantially

to the ecological/genetic diversity of the

species).

Available scientific information

indicates that naturally reproducing

populations of Atlantic salmon in U.S.

rivers are substantially reproductively

isolated from those in Canada. Within

the United States, Atlantic salmon

populations have shown some evidence

of straying but recolonization from

adjacent watersheds is minimal. Gene

flow between wild populations or stock

transfers were determined not to have

been sufficient to have eliminated all

historic differences. As a group, these

seven populations meet the criterion of

reproductive isolation.

The second criterion used was

evolutionary significance, or the

substantial ecological and genetic

importance of a population(s) to the

species as a whole. In salmonids,

adaptations to local ecosystems are

important to the survival of populations

and the survival of the species

throughout its range. Examination of

U.S. populations of Atlantic salmon

provides evidence of their distinctness

from stocks in Canada and northern

Europe.

The Team categorized U.S. Atlantic

salmon populations into three

groupings: Extirpated, DPS and

candidate species. A critical factor in

determining the status of these

populations was the historic persistence

of a substantial component of natural

reproduction. While it is unlikely that

U.S. Atlantic salmon populations exist

in a genetically pure native form, their

continued presence in indigenous

habitat suggests that important local

adaptations still exist. The documented

absence of wild Atlantic salmon from

natal habitat for at least two generations

(12 years) suggests the total loss of a

native population under even the most

conservative approach. Atlantic salmon

populations in rivers south of the

Kennebec River, Maine, were extirpated

by the mid-1800’s.

The Team determined that the

Atlantic salmon populations in the

Sheepscot, Ducktrap, Narraguagus,

Pleasant, Machias, East Machias and

Dennys Rivers are reproductively

isolated and, as a group, are of

evolutionary significance. Therefore, the

group meets the criteria for

consideration as a ‘‘species’’ under the

Act. The persistence of Atlantic salmon

runs, and their link to native

populations in the Kennebec River,

Penobscot River, Tunk Stream, and St.

Croix River are not well understood.

Further study is warranted to determine

whether Atlantic salmon in these rivers

meet the criteria for consideration as

‘‘species’’ under the Act.

Distribution and Abundance

The original range of Atlantic salmon

in the United States was from the

Housatonic River in Connecticut north

to U.S. tributaries of the St. Johns River

in New Brunswick, Canada. The historic

Atlantic salmon run in the United States

has been estimated to have approached

500,000 fish.

The species began to disappear from

U.S. rivers 150 years ago and currently

only remnant populations occur in a

limited number of rivers in Maine.

Construction of hundreds of dams

blocked salmon migration and reduced

spawning habitat to a fraction of that

available historically. Water pollution

and overexploitation further reduced

the abundance of Atlantic salmon.

Indigenous Atlantic salmon in rivers

south of the Kennebec River were

extirpated by the mid-1800’s. In

addition, some populations north of the

Kennebec River were also extirpated;

most of these were in small rivers with

less than 1 hectare (2.5 acres) of

available nursery habitat. Beginning in

the mid-1800’s and continuing to the

present time, numerous restoration

efforts were undertaken. The

Connecticut and Merrimack Rivers

provided nearly 40 percent of historic

U.S. Atlantic salmon habitat. These

rivers are currently the focus of

restoration efforts using nonindigenous

stocks, and extensive efforts are being

undertaken to gain access to historic

habitat.

The North American Salmon Working

Group’s NASWG method for estimating

the escapement goal for adequate egg

deposition for each river was used.

Thus, an escapement goal was

determined for each river and the return

calculated as a percentage of the

escapement goal. Throughout the past

24 years, the Dennys and Narraguagus

Rivers have had the best returns relative

to available habitat, averaging 20

percent of escapement goal. The

Pleasant, Sheepscot, and Machias Rivers

have had returns that averaged between

10 and 12 percent of the escapement

goal. However, recent downward trends

in abundance have put most rivers at

less than 10 percent of their respective
14412 Federal Register / Vol. 60, No. 52 / Friday, March 17, 1995 / Proposed Rules

escapement goals. Only the Narraguagus

River has exceeded 10 percent in the

past 7 years.

Determination

Section 4(b)(1)(a) of the Act requires

that determinations of whether any

species is threatened or endangered be

based solely on the best scientific and

commercial information available after

conducting a status review of the

species. The Services have evaluated the

status of U.S. Atlantic salmon and

determined that available biological

evidence indicates that listing the

Atlantic salmon as endangered

throughout its historic range in the

contiguous United States is not

warranted. However, the Services have

determined that sufficient information

is available to support appropriate

listing actions for the DPS that consists

of populations in the Sheepscot,

Ducktrap, Narraguagus, Pleasant,

Machias, East Machias and Dennys

Rivers. This DPS is designated as a

Category 1 candidate by FWS, and a

candidate species by NMFS. In addition,

the Services have found that the status

of salmon in the Kennebec River, Tunk

Stream, Penobscot River and the St.

Croix River is uncertain and warrants

further study. Therefore, the Atlantic

salmon in these rivers are to be

designated category 2 candidates by

FWS and candidate species by NMFS.

Work on a proposed rule to initiate the

appropriate listing actions under the Act

is underway and the proposed rule will

be published promptly.

Author: The primary author of this

document is Susan Lawrence of FWS (see

ADDRESSES). Editorial comments were

provided by Michael Amaral, FWS, 22 Bridge

Street, Concord, New Hampshire 03301, and

Joseph McKeon, FWS, Federal Building,

Room 124, Laconia, New Hampshire 03246.

Authority: The authority citation for this

action is the Endangered Species Act (16

U.S.C. 1531 et seq.).

Dated: March 10, 1995.

Rolland A. Schmitten,

Assistant Administrator for Fisheries, NMFS.

Dated: March 10, 1995.

Mollie H. Beattie,

Director, U.S. Fish and Wildlife Service.

[FR Doc. 95–6611 Filed 3–16–95; 8:45 am]

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