[Federal Register Volume 60, Number 51 (Thursday, March 16, 1995)]
[Proposed Rules]
[Pages 14253-14261]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6459]



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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[Docket No. 941084-4284; I.D. 080894C]
50 CFR Part 227

Endangered and Threatened Species; Proposed Threatened Status for 
Southern Oregon and Northern California Steelhead

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS is issuing a proposed rule to list natural steelhead 
(Oncorhynchus mykiss) populations (progeny of naturally-spawning fish) 
occurring between Cape Blanco, OR, and the Klamath River Basin, in 
Oregon and California (inclusive; hereinafter referred to as the 
Klamath Mountains Province) as threatened under the Endangered Species 
Act of 1973 (ESA). NMFS has determined that Klamath Mountains Province 
steelhead populations constitute a ``species'' as interpreted under the 
ESA. Should the proposed listing be made final, protective regulations 
under the ESA would be put into effect and a recovery program would be 
implemented.
DATES: Comments must be received by May 15, 1995. Requests for a public 
hearing must be received by May 1, 1995.
ADDRESSES: Comments on this proposed rule, requests for public 
hearings, and requests for supporting documents should be sent to the 
Environmental and Technical Services Division, NMFS, Northwest Region, 
911 NE. 11th Avenue, Suite 620, Portland, OR 97232.

FOR FURTHER INFORMATION CONTACT: Garth Griffin, 503-230-5430; R. Craig 
Wingert, 310-980-4021; or Marta Nammack, 301/713-2322. [[Page 14254]] 

SUPPLEMENTARY INFORMATION:

Petition Background

    On May 5, 1992, NMFS received a petition from the Oregon Natural 
Resources Council, the Siskiyou Regional Education Project, Federation 
of Fly Fishers, Kalmiopsis Audubon Society, Siskiyou Audubon Society, 
Klamath/Siskiyou Coalition, Headwaters, The Wilderness Society, North 
Coast Environmental Center, The Sierra Club - Oregon Chapter, and the 
National Wildlife Federation, to list indigenous, naturally-spawning 
Illinois River winter steelhead (Oncorhynchus mykiss) and to designate 
critical habitat under the ESA. After publishing a document that a 
listing may be warranted (57 FR 33939, July 31, 1992), and soliciting 
information about the status of this population, the NMFS Northwest 
Fisheries Science Center Biological Review Team (BRT) completed a 
status review (Busby et al. 1993) that was summarized in a May 20, 
1993, publication (58 FR 29390). The BRT concluded that the Illinois 
River winter steelhead did not represent a ``species'' under the ESA 
(see 56 FR 58612, November 20, 1991), and therefore, a proposal to list 
Illinois River winter steelhead under the ESA was not warranted. 
However, NMFS recognized that this population was part of a larger 
Evolutionarily Significant Unit ((ESU); see Consideration as a 
``Species'' Under the ESA, below), whose extent had not yet been 
determined, but whose status may warrant listing because of declining 
trends in steelhead abundance in several southern Oregon streams. An 
expanded status review was initiated (58 FR 29390, May 20, 1993) to 
identify ESU(s) within California, Oregon, and Washington, and to 
determine whether any identified ESU(s) warrant listing under the ESA. 
NMFS received an additional petition to list Deer Creek summer 
steelhead, and found that listing of this population may be warranted 
(58 FR 68108, December 23, 1993). In response to a petition from the 
Oregon Natural Resources Council and 15 co-petitioners, February 16, 
1994, NMFS later announced that the status review of steelhead was 
further expanded to include Idaho populations (59 FR 27527, May 27, 
1994).

Biological Background

    The BRT has completed biological evaluations associated with the 
determination of the geographic boundaries of the ESU that includes the 
Illinois River winter steelhead and whether the ESU warrants listing as 
endangered or threatened under the ESA. The BRT has prepared an 
administrative report detailing the conclusions of their status review 
(Northwest Fisheries Science Center BRT 1994). A summary of this report 
follows. A more complete discussion of the subject, including 
additional references, will be available upon request in the near 
future (see ADDRESSES).
    The name steelhead refers to the anadromous form of the rainbow 
trout. Recently, the scientific name for the biological species that 
includes both steelhead and rainbow trout was changed from Salmo 
gairdneri to Oncorhynchus mykiss. This change reflects a belief that 
all trouts from western North America share a common lineage with 
Pacific salmon. The present endemic distribution of steelhead extends 
from the Kamchatka Peninsula, Asia, east and south, along the Pacific 
coast of North America, to Malibu Creek in southern California.
    Steelhead exhibit a wide variety of life history strategies. In 
general, steelhead migrate to the sea after spending 2 years in fresh 
water and then spend 2 years in the ocean prior to returning to fresh 
water to spawn. Variations of this pattern are common. Some spawners 
survive and return to the ocean for 1 or more years between spawning 
migrations. Some steelhead return to fresh water after only a few 
months at sea and are termed ``half-pounders,'' having attained the 
approximate size that inspired this term. Half-pounders generally spend 
the winter in fresh water and then return to sea for several months 
before returning to fresh water to spawn.
    Steelhead exhibit several spawning migration strategies. ``Summer-
run steelhead'' enter fresh water between May and October, and begin 
their spawning migration in a sexually immature state. After several 
months in fresh water, summer steelhead mature and spawn. ``Winter-run 
steelhead'' enter fresh water between November and April with well-
developed gonads. In drainages with populations of both summer- and 
winter-run steelhead, there may or may not be temporal or spatial 
separation of spawning.

Consideration as a ``Species'' Under the ESA

    To qualify for listing as a threatened or endangered species, the 
identified populations of steelhead must be a ``species'' under the 
ESA. The ESA defines a ``species'' to include any ``distinct population 
segment of any species of vertebrate . . . which interbreeds when 
mature.'' NMFS published a policy (56 FR 58612, November 20, 1991) 
describing how the agency will apply the ESA definition of ``species'' 
to Pacific salmonid species, including steelhead. This policy provides 
that a salmonid population will be considered distinct, and hence a 
species under the ESA, if it represents an ESU of the biological 
species. The population must satisfy two criteria to be considered an 
ESU: (1) It must be reproductively isolated from other conspecific 
population units, and (2) it must represent an important component in 
the evolutionary legacy of the biological species. The first criterion, 
reproductive isolation, need not be absolute, but must be strong enough 
to permit evolutionarily important differences to develop in different 
population units. The second criterion would be met if the population 
contributed substantially to the ecological/genetic diversity of the 
species as a whole. Guidance on the application of this policy is 
contained in ``Pacific Salmon (Oncorhynchus spp.) and the Definition of 
Species under the Endangered Species Act,'' which is available upon 
request (see ADDRESSES).

Reproductive Isolation

    For this criterion, NMFS considered available information on the 
geographic extent and reproductive strategies (e.g., run timing) of the 
ESU containing the Illinois River winter steelhead. In general, 
steelhead are believed to have strong tendencies to home to their natal 
streams, but there are few studies directly relevant to the area under 
consideration. There is evidence that some adult steelhead move between 
the Klamath, Rogue, and Smith Rivers. However, it is not clear whether 
this wandering results in spawning within non-natal streams.
    Available genetic information indicates that there is a genetic 
discontinuity (or at least a transition) between steelhead from coastal 
streams in southern and northern Oregon. Although the discontinuity/
transition appears to be in the vicinity of Cape Blanco, the resolution 
of genetic sampling does not allow for precise definition of this 
boundary.
    Several genetic samples from northern California steelhead were 
considered during this status review. Samples from the Klamath River 
and the Trinity River (a tributary to the Klamath River) do not differ 
substantially from steelhead populations to the north. However, there 
are large genetic differences between samples from the Klamath River 
Basin and those taken from rivers to the south. The differences between 
steelhead from these two areas are stronger than those between southern 
[[Page 14255]] and northern Oregon steelhead populations.
    Within the area bounded by Cape Blanco and the Klamath River Basin, 
there is evidence of genetic heterogeneity, suggesting a reasonable 
degree of reproductive isolation between individual populations. 
However, the genetic structuring has no clear geographic pattern that 
would allow identification of major subgroups within this area.
    In addition to summer- and winter-run steelhead, there are 
populations sometimes referred to as fall-run steelhead in the Klamath 
River Basin. Disagreement exists as to whether these fall-run steelhead 
should be considered summer-run, winter-run, or a separate entity. 
During this status review, NMFS considered fall-run steelhead from the 
Klamath River Basin to be part of the summer run.
    Because most summer-run steelhead populations in the Klamath 
Mountains Province are substantially depressed and difficult to sample, 
genetic studies during the expanded status review focused on winter-run 
steelhead. However, other genetic studies that considered both winter 
and summer steelhead from other areas have failed to find consistent 
genetic differences between run-types within individual regions 
(Allendorf 1975; Utter and Allendorf 1977; Chilcote et al. 1980; 
Schreck et al. 1986; Reisenbichler and Phelps 1989; Reisenbichler et 
al. 1992). Therefore, NMFS concludes that all runs of steelhead within 
the Klamath Mountains Province should be considered part of the same 
ESU.
    Patterns of ocean migration of salmon and steelhead may reflect 
reproductive isolation of spawning populations. Chinook salmon 
populations from south of Cape Blanco are generally considered south-
migrating (e.g., to ocean areas off southern Oregon and California), 
whereas stocks from north of Cape Blanco are considered north-
migrating. Other studies suggest that coho salmon and steelhead from 
south of Cape Blanco may not be highly migratory, remaining instead in 
the highly productive oceanic waters off southern Oregon and northern 
California (Pearcy et al. 1990; Pearcy 1992).
    NMFS is not aware of any direct evidence about the relationship 
between the anadromous and nonanadromous life history forms of O. 
mykiss within the Klamath Mountains Province. Although it has been 
reported that these two life history forms within a geographic area may 
be more genetically similar to each other than either is to the same 
form from outside the area, other studies have found evidence for 
reproductive isolation between anadromous and nonanadromous O. mykiss. 
NMFS' policy contained in ``Pacific Salmon and the Definition of 
Species under the ESA'' states that anadromous and nonanadromous forms 
should be considered separately if they are reproductively isolated. 
Reproductive isolation, as previously noted, is a question of degree. 
NMFS has determined that, until specific information regarding these 
two life history forms within the Klamath Mountains Province becomes 
available, nonanadromous fish will not be considered part of the ESU. 
This determination may be reconsidered if information demonstrating 
that the two forms share a common gene pool becomes available.

Ecological/Genetic Diversity

    Several types of physical and biological information were 
considered during evaluation of the contribution of Klamath Mountains 
Province steelhead to ecological/genetic diversity, including: (1) 
Physical environment, (2) zoogeography, and (3) life history 
characteristics. The Klamath Mountains Geological Province extends from 
the vicinity of Cape Blanco in the north to the Klamath River Basin 
(inclusive) in the south. Ecologically, the province includes areas 
that are warmer and drier than coastal regions to the north and south; 
interior valleys receive less precipitation than any other Pacific 
Northwest location west of the Cascade Mountain Range. The nearshore 
ocean environment in this region is strongly affected by seasonal 
upwelling, which extends southward from Cape Blanco, with some local 
variations as far south as 33 deg.N. lat.
    Zoogeographic studies of freshwater fishes have consistently 
identified differences in fish assemblages between the Rogue River 
Basin and streams to the north. Also, similarities have been noted 
between freshwater fish communities in the Klamath and Rogue River 
basins. For marine fishes, Cape Mendocino in California has been 
identified as an important southern limit of many northern species.
    The occurrence of the half-pounder life history form of steelhead 
appears to be restricted to southern Oregon and northern California, 
identified in the Rogue, Klamath, Eel, and Mad rivers. It is likely 
that expression of this life history strategy is due to a combination 
of distinctive genetic and environmental factors.

ESU Determination

    Several lines of evidence suggest that Cape Blanco is the northern 
boundary and the Klamath River Basin forms the southern boundary of the 
ESU that contains the Illinois River winter steelhead. Genetic and 
ocean distribution data suggest that there is substantial reproductive 
isolation between steelhead populations from north and south of Cape 
Blanco. Cape Blanco is also an approximate northern boundary for the 
Klamath Mountains Province, an area of intense upwelling in the ocean, 
the range of the half-pounder life history, and the Klamath-Rogue 
freshwater zoogeographic zone. Although Cape Mendocino in California is 
a natural landmark associated with changes in ocean currents, and also 
represents the approximate southern limit of the half-pounder life 
history, the Klamath River Basin forms the southern boundary of the 
Klamath Mountains Province and the Klamath-Rogue freshwater fish 
zoogeographic zone. Furthermore, genetic data show a sharp 
discontinuity between steelhead populations from the Klamath River 
Basin and those farther south. Based on available information, the BRT 
concluded that the geographic range of the ESU containing the Illinois 
River winter steelhead extends from the vicinity of Cape Blanco in 
southern Oregon to the Klamath River Basin (inclusive) in northern 
California (see Figure 1).

                                                 BILLING CODE 3510-22-P
[[Page 14256]]

[GRAPHIC][TIFF OMITTED]TP16MR95.002



BILLING CODE 3510-22-C
[[Page 14257]]

    Although diversity in run-timing is an important life history 
characteristic of steelhead within this ESU, and this diversity may be 
in part genetically based, there is little direct information about the 
degree of reproductive isolation between identified runs within the 
Klamath Mountains Province. Furthermore, previous genetic studies have 
failed to find consistent genetic differences between run-types within 
individual regions, and suggest that summer- and winter-run steelhead 
are not independent, monophyletic groups over broad geographic regions. 
Based on available evidence, the BRT concluded that all steelhead runs 
(those termed summer-, fall-, and winter-run) within the identified 
geographic boundaries should be considered together as one ESU, and 
therefore a species, as defined under the ESA.

Status of the Klamath Mountains Province ESU

    NMFS uses a number of factors that should be considered in 
evaluating the level of risk faced by an ESU, including: (1) Absolute 
numbers of fish and their spatial and temporal distribution, (2) 
current abundance in relation to historical abundance and current 
carrying capacity of the habitat, (3) trends in abundance, (4) natural 
and human-influenced factors that cause variability in survival and 
abundance, (5) possible threats to genetic integrity (e.g., from strays 
or outplants from hatchery programs), and (6) recent events (e.g., a 
drought or changes in harvest management) that have predictable short-
term consequences for abundance of the ESU.
    During consideration of the ESU status, the BRT evaluated both 
qualitative and quantitative information. Recent qualitative analyses 
of the status of steelhead stocks within the Klamath Mountains Province 
have been conducted by agencies and conservation groups (Nehlsen et al. 
1991; Nickelson et al. 1992; U.S. Forest Service 1993a,b; McEwan and 
Jackson 1994). Most winter steelhead stocks in the region are 
considered to be depressed and/or declining. Of the exceptions (those 
from the Rogue, Winchuck, Smith, and subbasins of the Klamath and 
Trinity Rivers), most are heavily influenced by hatchery production. 
Only the Smith River appears to have healthy and largely natural 
production of winter-run steelhead in this region. The best assessment 
of any summer steelhead stock in this region is depressed, and most 
were considered to be at moderate to high risk of extinction.
    Quantitative evaluations included comparisons of current and 
historic abundance of steelhead. Because historical abundance 
information for the Klamath Mountains Province ESU is largely 
anecdotal, coastwide abundance trends provide a larger perspective for 
this review. Rough estimates of total coastwide steelhead abundance 
made in 1972 and 1987 suggested significant declines (Sheppard 1972, 
Light 1987). However, by all accounts, there has been significant 
replacement of natural production with hatchery fish. Over a large 
region (British Columbia, Washington, and Oregon), steelhead stocks 
(both natural and hatchery) have exhibited recent decreases in survival 
that may be due, in part, to climate and ocean production.
    Historical abundance information for the Klamath Mountains Province 
ESU is largely anecdotal. Within this area, time-series data are 
available for most populations only since 1970. The BRT compiled and 
analyzed available information to provide summary statistics of 
spawning abundance. Not all summary statistics were available for all 
populations.
    NMFS policy, as stated in ``Pacific Salmon and the Definition of 
``Species'' under the ESA,'' focuses on viability of natural 
populations, and notes that an ESU is not healthy unless a viable 
population exists in the natural habitat. The BRT attempted to 
distinguish between naturally produced fish and hatchery produced fish. 
Total abundance (including hatchery populations) varies widely among 
populations within the proposed ESU, with several populations having 
run sizes of 10,000 or more fish. The heavily hatchery-influenced 
summer-run steelhead population from the Klamath River may total 
100,000 or more fish. At the other extreme, a number of populations 
have less than 1,000 spawners per year.
    Estimates of percent annual change in run size indicate that most 
of the steelhead populations in the Klamath Mountains Province are in 
significant decline, even with hatchery production included. The BRT 
considered that this assessment may be influenced by the recent 
coastwide decreases in steelhead survival (due to climate and ocean 
conditions). However, excluding recent years from the trend analysis 
did not substantially change overall conclusions for the stocks 
considered here.
    Natural steelhead production was roughly indexed using natural 
return ratios. This index is an estimate of the ratio of naturally 
produced spawners in one generation to total spawners (both hatchery 
and naturally produced) in the previous generation. Natural production 
of all winter-, summer-, and fall-run steelhead within the Klamath 
Mountains Province appears to be below replacement for all populations 
for which the BRT had sufficient quantitative information. Considering 
the qualitative assessments, there is little reason to believe that 
other populations are in better condition (with the exception of the 
Smith River winter-run steelhead). Based on angler catch data, Illinois 
River winter steelhead (the natural population in southern Oregon with 
the least hatchery influence) have declined at an average rate of about 
10 percent annually for the last 20 years. With this analysis, the BRT 
was unable to demonstrate that any steelhead populations in the Klamath 
Mountains Province are naturally self-sustaining.

Summary of Factors Affecting the Species

    Section 2(a) of the ESA states that various species of fish, 
wildlife, and plants in the United States have been rendered extinct as 
a consequence of economic growth and development untempered by adequate 
concern and conservation. Section 4(a)(1) of the ESA and the listing 
regulations (50 CFR part 424) set forth procedures for listing species. 
NMFS must determine, through the regulatory process, if a species is 
endangered or threatened based upon any one or a combination of the 
following factors: (1) The present or threatened destruction, 
modification, or curtailment of its habitat or range; (2) 
overutilization for commercial, recreational, scientific, or education 
purposes; (3) disease or predation; (4) inadequacy of existing 
regulatory mechanisms; or (5) other natural or human-made factors 
affecting its continued existence.

A. The Present or Threatened Destruction, Modification, or Curtailment 
of its Habitat or Range

    Logging, mining, agricultural activities (e.g., livestock grazing), 
and water withdrawals have likely contributed to the decline of 
steelhead populations within the Klamath Mountains Province ESU. 
Removal of trees within the riparian zone of streams in the Klamath 
Mountains Province has resulted in increased summer water temperatures 
and has eliminated the potential for trees to fall into streams. Large 
woody material in streams can provide cover, shade, and create pools; 
these habitat features are required by juvenile steelhead. Logging 
activities, and the associated road networks, can result in soil 
erosion and sedimentation of streams. Livestock grazing can eliminate 
streamside vegetation and [[Page 14258]] prevent riparian species from 
growing to maturity, resulting in shallow, warm streams that are not 
suitable for juvenile and adult steelhead. Water withdrawals reduce 
stream flow, sometimes during critical periods, and can contribute to 
high water temperature problems.
    In the Klamath and Rogue River Basins, dams without fish passage 
facilities have decreased the amount of habitat available for 
steelhead, and may have contributed to the decrease in Klamath 
Mountains Province steelhead populations. There are also fish passage 
concerns regarding dams with inadequate fish passage facilities.

B. Overutilization for Commercial, Recreational, Scientific, or 
Education Purposes

    Klamath Mountains Province steelhead are not currently targeted for 
commercial harvest, and scientific and educational programs have had 
little or no impact on Klamath Mountains Province steelhead 
populations. However, steelhead are popular gamefish throughout the 
Pacific Northwest and, in some locations, recreational fishing may 
contribute to the general decline of steelhead populations. Also, 
poaching may pose an additional threat to some depressed populations of 
adult steelhead. Summer-run steelhead are particularly susceptible to 
poaching activity because of holding/resting behavior in deep pools.

C. Disease or Predation

    Disease is not believed to be a major factor contributing to the 
decline of steelhead populations in the Klamath Mountains Province. 
Declines in some summer steelhead populations are reportedly due, in 
part, to predation by marine mammals (Nehlsen et al. 1991).

D. Inadequacy of Existing Regulatory Mechanisms

    Early mechanisms regulating local mining and timber harvest 
activities in the Klamath Mountains Province clearly were inadequate. 
Early mining practices were particularly destructive in portions of the 
Rogue and Trinity River (a tributary of the Klamath River) watersheds. 
Although most of these particularly destructive mining and timber 
harvest activities no longer occur, land management activities still 
contribute to adverse habitat modifications.
    The continued decline of Klamath Mountains Province steelhead 
suggests that management plans and practices followed by the U.S. 
Forest Service (USFS), Bureau of Land Management (BLM), Oregon 
Department of Fish and Wildlife, and California Department of Fish and 
Game have not provided adequate protection for this species. A Federal 
interagency cooperative program, the Record of Decision for Amendments 
to USFS and BLM Planning Documents Within the Range of the Spotted Owl 
(the Forest Plan, April 1994), has recently been implemented to provide 
a coordinated land management direction for the lands administered by 
USFS and BLM within the range of the northern spotted owl, which 
includes the Klamath Mountains Province. While the extent of protection 
provided by the Forest Plan is not yet known, its region-wide 
management direction will amend existing management plans, including 
Forest Plans, Regional Guides, Timber Sale Plans, and Resource 
Management Plans for lands within the range of the northern spotted 
owl. As part of the Forest Plan, implementation of the Aquatic 
Conservation Strategy (ACS) may help reverse the trend of aquatic 
ecosystem degradation and contribute toward fish habitat recovery. 
Coordination between the Federal land management agencies and NMFS, the 
Environmental Protection Agency, and the U.S. Fish and Wildlife Service 
should ensure that the ACS objectives are achieved.
    Steelhead are popular gamefish throughout the Pacific Northwest 
and, in some locations, recreational fishing may contribute to the 
general decline of Klamath Mountains Province steelhead populations. 
Existing harvest regulations may not be adequate to protect a 
substantial portion of the Klamath Mountains Province's juvenile and 
adult steelhead populations from overutilization by recreational 
anglers.

E. Other Natural or Manmade Factors Affecting its Continued Existence

    Drought conditions may contribute to reduced Klamath Mountains 
Province steelhead production. In general, drought conditions have 
existed in southern Oregon since 1977.
    Unusually warm ocean surface temperatures and associated changes in 
coastal currents and upwelling, known as El Nino conditions, have 
occurred in recent years and resulted in ecosystem alterations such as 
reductions in primary and secondary productivity and changes in prey 
and predator species distributions. Based on fish distribution, El Nino 
conditions may affect individual salmonid populations differently. For 
example, during El Nino conditions, chinook salmon stocks that rear in 
ocean areas south of Vancouver Island generally survive at a lower rate 
than chinook salmon stocks that inhabit northerly ocean areas (Johnson 
1988). As there is some evidence that steelhead originating from south 
of Cape Blanco rarely migrate north of Cape Blanco, Klamath Mountains 
Province steelhead populations may be particularly susceptible to the 
adverse affects of El Nino conditions.
    Artificial propagation has, in some cases, impacted Klamath 
Mountains Province steelhead populations. Potential problems associated 
with hatchery programs include genetic impacts on indigenous wild 
populations, difficulty in determination of wild run status due to 
incomplete marking of hatchery releases, and replacement (rather than 
supplementation) of wild stocks through continued annual introductions 
of steelhead.

Proposed Determination

    The ESA defines an endangered species as any species in danger of 
extinction throughout all or a significant portion of its range, and a 
threatened species as any species likely to become an endangered 
species within the foreseeable future throughout all or a significant 
portion of its range. Section 4(b)(1) of the ESA requires that the 
listing determination be based solely on the best scientific and 
commercial data available, after conducting a review of the status of 
the species and after taking into account those efforts, if any, being 
made to protect such species.
    Based on its assessment of the best scientific and commercial 
information available, NMFS determines that all Klamath Mountains 
Province steelhead populations (i.e., summer-, fall-, and winter-run) 
constitute an ESU and, therefore, a ``species'' under the ESA. 
Estimates of percent annual change in run size indicate that most of 
the steelhead populations in the Klamath Mountains Province are in 
significant decline. Although trends in abundance of most steelhead 
populations within the ESU have been downward, absolute abundance of 
steelhead in several streams within the proposed ESU remains fairly 
high; thus the BRT concluded that the ESU as a whole cannot be 
considered to be endangered at this time. However, available 
information indicates that Klamath Mountains Province steelhead 
populations are not self-sustaining. If present trends continue, there 
is a significant probability that the ESU will become endangered. 
Therefore, NMFS proposes to list all Klamath Mountains Province natural 
steelhead (progeny of naturally-spawning fish) as threatened. Prior to 
development of a final rule, NMFS will continue to consider the 
[[Page 14259]] status of steelhead populations within the Klamath 
Mountains Province and determine which, if any, hatchery populations 
are essential for recovery of listed steelhead.

Proposed Protective Regulations and Measures

    In addition to the proposed listing, NMFS proposes to adopt 
protective measures, pursuant to section 4(d) of the ESA, to prohibit, 
with respect to Klamath Mountains Province natural steelhead, taking, 
interstate commerce, import and export, and the other prohibitions 
pursuant to section 9 of the ESA applicable to endangered species, with 
the exceptions provided by section 10 of the ESA.
    NMFS recognizes that protective regulations and recovery programs 
for Klamath Mountains Province steelhead will need to be developed in 
the context of conserving aquatic ecosystem health, and intends that 
Federal lands and Federal activities bear as much of the burden as 
possible for conserving listed populations. However, steelhead habitat 
within this ESU occurs and can be affected by activities on state, 
tribal and private land. Non-Federal landowners are encouraged to 
assess the impacts of their actions on potentially threatened steelhead 
and to participate in the formulation of watershed partnerships that 
promote conservation in accordance with ecosystem principles. NMFS will 
seek the advice and assistance of Federal and non-Federal 
jurisdictions, including tribal and county governments, private 
organizations and affected individuals in recovery plan development and 
implementation.
    NMFS will identify, to the extent known at the time of a final 
rule, specific activities that will not be considered likely to result 
in adverse impacts to listed Klamath Mountains Province steelhead. NMFS 
is soliciting recommendations as to what activities should be so 
identified, as well as terms and conditions for specific types of land 
or water use activities that would avoid adverse impacts to listed 
steelhead. The activities, as modified by the recommended terms and 
conditions, should promote the conservation of Klamath Mountains 
Province steelhead.
    Conservation measures provided to species listed as threatened or 
endangered under the ESA included prohibitions on taking, recovery 
actions, and Federal agency consultation requirements. Recognition 
through listing promotes conservation actions by Federal and state 
agencies and private groups and individuals.
    Section 7(a)(4) of the ESA requires that Federal agencies confer 
with NMFS on any actions likely to jeopardize the continued existence 
of a species proposed for listing and on actions resulting in 
destruction or adverse modification of proposed critical habitat. 
``Conference'' is defined at 50 CFR 402.02 to mean ``a process which 
involves informal discussions between a Federal agency and the Service 
. . . regarding the impact of an action on proposed species or proposed 
critical habitat and recommendations to minimize or avoid the adverse 
effects.'' For listed species, section 7(a)(2) requires Federal 
agencies to ensure that activities they authorize, fund, or conduct are 
not likely to jeopardize the continued existence of a listed species or 
to destroy or adversely modify its critical habitat. If a Federal 
action may adversely affect a listed species or its critical habitat, 
the responsible Federal agency must enter into formal consultation with 
NMFS. Non-Federal entities requesting the incidental take of listed 
species must develop a conservation plan associated with their proposed 
action. Prior to issuance of an incidental take permit, NMFS must 
review the conservation plan and determine that the proposed action 
will not appreciably reduce the likelihood of the survival and recovery 
of the species in the wild (see 50 CFR 222.22).
    Examples of Federal actions that may be affected by this proposal 
include, but are not limited to, various Federal land management agency 
activities (e.g., actions associated with timber harvest, mining, and 
grazing), U.S. Army Corps of Engineers (COE) Clean Water Act section 
404 permitting activities, Federal Energy Regulatory Commission 
licenses for non-Federal development and operation of hydropower, 
commercial fishery management under a regional fishery management 
council, and hatchery operations authorized, carried out, or funded by 
a Federal agency.
    Measures that could be implemented to help protect and conserve the 
species include, but are not limited to:
    1. All water diversions could have adequate headgate and staff 
gauge structures installed to control and monitor water usage 
accurately. Water rights should be enforced to prevent irrigators from 
exceeding the amount of water to which they are legally entitled.
    2. All irrigation diversions affecting downstream migrating Klamath 
Mountains Province steelhead could be screened. A thorough review of 
the impact of irrigation diversions on steelhead could be conducted.
    3. Artificial propagation could be conducted in a manner minimizing 
impacts upon native populations of steelhead.
    4. Efforts could be made to ensure that adult passage facilities at 
dams effectively pass migrating salmon upstream.
    5. Evaluation of existing recreational harvest regulations could 
identify any changes necessary in light of the Klamath Mountains 
Province steelhead status.
    Some or all of these measures, as well as other measures not 
enumerated here, may be required to be undertaken through the section 7 
consultation or section 10 permitting processes. NMFS will also 
consider these and additional measures in developing a recovery plan 
pursuant to section 4(f).
    NMFS encourages non-Federal landowners to assess the impacts of 
their actions on potentially threatened or endangered salmonids. In 
particular, NMFS encourages the formulation of watershed partnerships 
to promote conservation in accordance with ecosystem principles. These 
partnerships will be successful only if all watershed stakeholders 
(i.e., state, tribal, and local governments, landowner representatives, 
and Federal and non-Federal biologists) participate and share the goal 
of restoring steelhead to the watersheds. To assist with such efforts, 
NMFS, the U.S. Fish and Wildlife Service and the U.S. Environmental 
Protection Agency, with technical assistance from the Natural Resources 
Conservation Service, have contracted a study to provide technical 
guidance and training to agency staff. This guidance is intended to 
produce a technical foundation and informational support base for 
fostering development of conservation plans pursuant to section 10 of 
the ESA and cooperative agreements with the states of Washington, 
Oregon, and California, pursuant to section 6 of the ESA. Furthermore, 
NMFS intends to enlist non-Federal jurisdictions, including tribal and 
county governments, private organizations and affected individuals, in 
recovery plan development and implementation.

Critical Habitat

    Section 4(a)(3)(A) of the ESA requires that, to the extent prudent 
and determinable, critical habitat be designated concurrently with the 
listing of a species. While NMFS has completed its analysis of the 
biological status of Klamath Mountains Province steelhead, it has not 
completed the analysis necessary for designating critical habitat. 
Therefore, to avoid [[Page 14260]] delaying this listing proposal, NMFS 
will propose critical habitat in a separate rulemaking.

Public Comments Solicited

    To ensure that the final action resulting from this proposal will 
be as accurate and as effective as possible, NMFS is soliciting 
comments and suggestions from the public, other concerned governmental 
agencies, the scientific community, industry, and any other interested 
parties (see DATES and ADDRESSES) regarding the stock composition and 
abundance of all steelhead stocks within the Klamath Mountains 
Province. NMFS is also requesting information identifying specific 
areas that qualify as critical habitat for Klamath Mountains Province 
steelhead and the economic costs and benefits of additional 
requirements of management measures likely to result from designating 
critical habitat. Information about the relationship between existing 
hatchery populations and natural populations within the ESU, and the 
relationship between anadromous and nonanadromous populations of O. 
mykiss within the ESU, is also of great interest.
    NMFS is also requesting suggestions for specific regulations under 
section 4(d) of the ESA that could apply to Klamath Mountains Province 
steelhead. Suggested regulations should address activities, plans, or 
guidelines that, despite their potential to result in the incidental 
take of listed fish, will ultimately promote the conservation of this 
ESU.
    NMFS will review all public comments and any additional information 
regarding the status of the proposed ESU, and, as required under the 
ESA, intends to complete a final rule within one year of this proposed 
rule. The availability of new information may cause NMFS to re-assess 
the status of this ESU. The final decision on this proposal will take 
into consideration the comments and any additional information received 
by NMFS, and may differ from this proposed rule.

Classification

    The 1982 amendments to the ESA, in section 4(b)(1)(A), restrict the 
information that may be considered when assessing species for listing. 
Based on this limitation of criteria for a listing decision and the 
opinion in Pacific Legal Foundation v. Andrus, 675 F. 2d 825 (6th Cir., 
1981), NMFS has categorically excluded all ESA listing actions from 
environmental assessment requirements of National Environmental Policy 
Act (48 FR 4413, February 6, 1984).
    This proposed rule is exempt from review under E.O. 12866.

References

    Allendorf, F.W. 1975. Genetic Variability in a Species Possessing 
Extensive Gene Duplication: Genetic Interpretation of Duplicate Loci 
and Examination of Genetic Variation in Populations of Rainbow Trout. 
Ph.D. Dissertation, Univ. Washington, Seattle, 98 p.
    Busby, P.J., O.W. Johnson, T.C. Wainwright, F.W. Waknitz, and R.S. 
Waples. 1993. Status Review for Oregon's Illinois River Winter 
Steelhead. NOAA Technical Memorandum. NMFS-NWFSC-10.
    Chilcote, M. N., B. A. Crawford, and S. A. Leider. 1980. A Genetic 
Comparison of Sympatric Populations of Summer and Winter Steelheads. 
Trans. Am. Fish. Soc. 109:203-208.
    Johnson, S.L. 1988. The Effects of the 1983 El Nino on Oregon's 
Coho (Oncorhynchus kisutch), and Chinook (Oncorhynchus tshawytscha) 
Salmon. Fisheries Research. 6:105-123.
    Light, J.T. 1987. Coastwide Abundance of North American Steelhead 
Trout. (Document Submitted to the Annual Meeting of the INPFC, 1987.) 
Fisheries Research Institute Report FRI-UW-8710. Univ. Washington, 
Seattle, WA. 18 p.
    McEwan, D., and Jackson, T. A. 1994. Steelhead Management Plan for 
California. California Department Fish and Game. (Available 
Environmental and Technical Services Division, NMFS, 911 N.E. 11th 
Ave., Room 620, Portland, OR 97232.)
    Nehlsen, W., J.E. Williams, and J.A. Lichatowich. 1991. Pacific 
Salmon at the Crossroads: Stocks at Risk from California, Oregon, 
Idaho, and Washington. Fisheries 16(2):4-21.
    Nickelson, T.E., J.W. Nicholas, A.M. McGie, R.B. Lindsay, D.L. 
Bottom, R.J. Kaiser, and S.E. Jacobs. 1992. Status of Anadromous 
Salmonids in Oregon Coastal Basins. Unpubl. manuscr., 83 p., Research 
and Development Section, Oregon Department of Fish and Wildlife (ODFW), 
Corvallis, and Ocean Salmon Management, ODFW, Newport, OR.
    Northwest Fisheries Science Center Biological Review Team (BRT). 
1994. May 2 Administrative Report: Conclusions of the Northwest Science 
Center's Status Review of Southern Oregon/Northern California 
Steelhead. 13 p.
    Pearcy, W.G. 1992. Ocean Ecology of North Pacific Salmonids. 
University of Washington Press, Seattle, WA. 179 p.
    Pearcy, W.G., R.D. Brodeur, and J.P. Fisher. 1990. Distribution and 
Biology of Juvenile Cutthroat Trout Oncorhynchus clarki clarki and 
Steelhead O. mykiss in Coastal Waters of Oregon and Washington. Fish. 
Bull., U.S. 88(4):697-711.
    Reisenbichler, R.R., J.D. McIntyre, M.F. Solazzi, and S.W. Landino. 
1992. Genetic Variation in Steelhead of Oregon and Northern California. 
Trans. Am. Fish. Soc. 121:158-169.
    Reisenbichler, R.R., and S.R. Phelps. 1989. Genetic Variation in 
Steelhead (Salmo gairdneri) from the North Coast of Washington. Can. J. 
Fish. Aquat. Sci. 46:66-73.
    Schreck, C.B., H.W. Li, R.C. Hjort, and C.S. Sharpe. 1986. Stock 
Identification of Columbia River Chinook Salmon and Steelhead Trout. 
Final Report to Bonneville Power Administration, Contract DE-A179-
83BP13499, Project 83-451, 184 p. (Available Bonneville Power 
Administration, P.O. Box 351, Portland, OR 97208.)
    Sheppard, D. 1972. The Present Status of the Steelhead Trout Stocks 
Along the Pacific Coast. In D.H. Rosenberg (editor), A Review of the 
Oceanography and Renewable Resources of the Northern Gulf of Alaska, p. 
519-556. IMS Report R72-23, Sea Grant Report 73-3. Institute of Marine 
Science, University of Alaska, Fairbanks, AK.
    United States Forest Service, U.S. Department of Agriculture 
(USFS). 1993a. Letter to ESA Administrative Record for coastal 
steelhead from Hugh Black. Letter Dated July 19, 1993, 2 p. and 
Enclosures. (Available Environmental and Technical Services Division, 
NMFS, 911 NE. 11th Ave., Room 620, Portland, OR 97232.)
    United States Forest Service, U.S. Department of Agriculture 
(USFS). 1993b. Letter to ESA Administrative Record for Coastal 
Steelhead from Hugh Black. Letter Dated August 4, 1993, 2 p. and 
Enclosures. (Available Environmental and Technical Services Division, 
NMFS, 911 NE. 11th Ave., Room 620, Portland, OR 97232.)
    Utter, F.M., and F.W. Allendorf. 1977. Determination of the 
Breeding Structure of Steelhead Populations through Gene Frequency 
Analysis. In T.J. Hassler and R.R. VanKirk (editors), Proceedings of 
the Genetic Implications of Steelhead Management Symposium, May 20-21, 
1977, Arcata, CA, p. 44-54. Special Report 77-1. Calif. Coop. Fish. 
Res. Unit.

List of Subjects in 50 CFR Part 227

    Endangered and threatened species, Exports, Imports, Marine 
mammals, Transportation.

    [[Page 14261]] Dated: March 10, 1995.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 227 is 
proposed to be amended as follows:

PART 227--THREATENED FISH AND WILDLIFE

    1. The authority citation for part 227 continues to read as 
follows:

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

    2. In Sec. 227.4, a new paragraph (g) is added to read as follows:


Sec. 227.4  Enumeration of threatened species.

* * * * *
    (g) Klamath Mountains Province steelhead (Oncorhynchus mykiss).

[FR Doc. 95-6459 Filed 3-10-95; 4:47 pm]
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