27978 Federal Register / Vol. 61, No. 107 / Monday, June 3, 1996 / Notices

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

DEPARTMENT OF COMMERCE

National Marine Fisheries Service

Notice of Policy for Conserving

Species Listed or Proposed for Listing

Under the Endangered Species Act

While Providing and Enhancing

Recreational Fisheries Opportunities

AGENCIES: Fish and Wildlife Service,

Interior; National Marine Fisheries

Service, Commerce.

ACTION: Notice of policy.

SUMMARY: The Fish and Wildlife Service

and the National Marine Fisheries

Service (Services) have adopted 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 policy identifies measures the

Services will take to ensure consistency

in the administration of the ESA

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.

EFFECTIVE DATE: July 3, 1996.

ADDRESSES: The complete record

pertaining to this action is available for

inspection, by appointment, during

normal business hours at the Division of

Endangered Species, U.S. Fish and

Wildlife Service, 4401 North Fairfax

Drive, Room 452, Arlington, Virginia

22203 (telephone 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

Patricia Montanio, Acting Director,

Office of Protected Resources, National

Marine Fisheries Service (301/713–

1401).

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(1)).

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, Anadromous 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, and National

Environmental Policy Act). These laws

outline the roles of Federal agencies to

protect, restore, and conserve aquatic

resources, and to provide for and

enhance fisheries and 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 the most

frequently cited factors contributing to

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

recreational and non-game fish species

and other aquatic organisms.

As of May 1, 1996, within the United

States, 106 taxa of fish and 57 species

of freshwater mussels were 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 wellbeing. Annually, approximately 50

million anglers spend $24 billion

directly on tackle, equipment, food and

lodging, and other recreational fishingrelated expenses. The total economic

output (wholesale, retail,

manufacturing, and supply of goods and

services) stimulated by recreational

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

nation-wide.

In the past, resource managers may

not have understood many of the effects

of some management actions on

ecosystems to the extent they do today.

Habitat alteration and degradation,

heavy fishing pressure, and introduction

of non-native species often resulted in

unexpected negative impacts to other

ecosystem components. As today’s

managers realize more fully the impacts

of their actions, they also realize that

they must be more cautious in the

activities they prescribe in natural

ecosystems. The benefits gained by

some actions may result in losses to

non-target species or habitats. This has

led to conflicts between some efforts to

conserve native species and their

communities, and obligations to

maintain and enhance recreational

fishing opportunities. These issues have

been of particular concern in those

instances where the Services’

responsibilities for both recreational

fisheries and recovery of federally

protected species have been in conflict.

The 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
Federal Register / Vol. 61, No. 107 / Monday, June 3, 1996 / Notices 27979

Tribes, to improve the quantity,

function, sustainable productivity, and

distribution of U.S. aquatic resources for

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.

Summary of Comments and

Recommendations

The Services’ draft policy on this

subject was published on December 13,

1995 (60 FR 64070) and public comment

was invited. The Services reviewed all

comments received, and suggestions

and clarifications have been

incorporated into this final policy text.

The following describes the comments

received and the Services’ responses.

The Services received 28 letters of

comment from individuals and

organizations on the draft policy.

Twenty three letters of comment were

supportive. Four letters were critical of

aspects of the policy. One letter stated

no position on the draft policy. The

major issues raised and the Services’

responses are identified and discussed

below.

Issue: The draft policy does not

explicitly assert the authority of the ESA

and the specific obligations of Federal

agencies, including the Services, to

conserve and recover Federally listed

species. The primary emphasis of the

draft policy appears to be on moderating

ESA conservation mandates.

Services’ Response: Appropriate

clarifications of the Services’ ESA

responsibilities were made in the text of

the policy.

The Services do not intend that this

policy diminish or abrogate Federal

agency responsibilities under the ESA.

This has been stated at the beginning of

the Policy. The Services recognize that

the primary goal of the ESA is

‘‘conservation,’’ defined as: ‘‘the use of

all methods and procedures which are

necessary to bring any endangered

species or threatened species to the

point at which the measures provided

pursuant to this Act are no longer

necessary.’’ The Services and other

Federal agencies are aware of their

responsibilities ‘‘[to] utilize their

authorities in furtherance of the

purposes of [the ESA] by carrying out

programs for the conservation of

endangered species and threatened

species [.]’’

Section 4 of the Executive Order

12962 directed the Services to develop

this policy. Section 4 of E.O. 12962 also

instructs all Federal agencies to

‘‘aggressively work to identify and

minimize conflicts between recreational

fisheries and their respective

responsibilities under the Endangered

Species Act of 1973.’’ The Services will

meet, within the requirements of the

ESA, such challenges with the intent to

resolve conflicts without disadvantage

to either conservation of listed species

or recreational fisheries interests.

Issue: By developing this policy the

Services have singled out recreational

fishing interests for favorable treatment

relative to administration and

implementation of the ESA. Other

interests affected by implementation of

the ESA should be offered similar

opportunities for development of formal

policy.

Services’ Response: The Services have

developed guidance, position

statements, and policies, and are

developing rulemakings to reduce

conflicts associated with administration

of the ESA among a broad range of

interests. These include the

Administration’s ‘‘Ten Principles for

Federal Endangered Species Act

Policy,’’ a series of guiding tenets within

the Departments of the Interior and

Commerce to provide a fair, cooperative,

and scientifically sound approach to the

management of Federally listed species

recovery. They include such policies as

the Services’ joint policies on peer

review (59 FR 34270); information

standards (59 FR 34271); recovery plan

participation (59 FR 34272); the

Services’ ecosystem approach (59 FR

34273); and effectively enhancing the

role of State agencies in ESA activities

(59 FR 34274). Additional policies and

handbooks, addressing such issues as

habitat conservation planning and

incentives for private landowners to

become involved in conserving listed

species are being developed. The

Services, singularly or jointly, also have

developed numerous Memoranda of

Understanding or Agreement, and other

instruments with other Federal

agencies, States, local governments, and

private entities to cooperatively

conserve and recover listed species.

These provide flexibility to a number of

interests and enhance opportunities for

affected interests to participate in

administration and implementation of

the ESA.

This policy comes at the direction of

Section 4 of Executive Order 12962.

Development of this policy is

appropriate because issues that involve

Federally listed aquatic species and

conservation of aquatic habitats,

including recreational fisheries issues,

are national in scope. In some instances

these issues are international. This

policy does not alter any ESA

obligations, but does minimize

administrative problems and maximizes

management communications.

Issue: The draft policy would extend

fishery goals beyond recovery of

threatened and endangered fish stocks

and seek higher population levels to

support sustainable recreational

fisheries.

Services’ Response: This policy would

not extend fishery goals under the ESA

beyond recovery criteria as identified in

recovery plans. However, fisheries

managers will continue to seek

sustainable recreational fisheries, with

or without this policy.

Issue: The draft policy focuses too

much on habitat issues, thereby failing

to present a balanced and accurate

account of the various factors that have

contributed to the decline of our

Nation’s fisheries resources. Natural

environmental factors also have played

a role in fish population declines.

Services’ Response: The Services

intend to continue to address all factors

contributing to the decline of listed

species, rather than focusing on one

particular factor, such as habitat

degradation. For example, NMFS

recommends in its draft Snake River

Salmon Recovery Plan that mortality

due to harvest, hydropower operations,

habitat degradation, hatchery practices,

and other sources be reduced. Both

Services recognize that typically, no one

sector is responsible for the recovery of

a species. The Services also

acknowledge that factors beyond human

control, such as El Nino events, have

contributed to the decline of various

species or stocks. Since these latter

factors are beyond human control, the

Services must act to reduce mortalities

caused by factors which can be

controlled.

Issue: The draft policy could be used

to allow, or even promote, the direct or

indirect taking of listed or proposed

species of fish.

Services’ Response: The policy would

not change the ESA in any way. The

Services still intend to evaluate actions

that may adversely affect listed or

proposed species and recommend

actions to avoid the risks of jeopardy to

the continued existence and recovery of

these species. Where ESA requirements

conflict with recreational fisheries, the

Services will try to identify measures to

resolve these conflicts within the

requirements of the ESA. Incidental take

permits, if issued, would be granted

only when the actions considered

would not be likely to jeopardize an

affected species’ continued existence or

its recovery. For proposed species,

Federal agencies will still be required to

confer on federal actions that would be

likely to jeopardize them. Direct takes
27980 Federal Register / Vol. 61, No. 107 / Monday, June 3, 1996 / Notices

are only authorized for research and

enhancement purposes, and, for

threatened species, in a conservation

plan under section 4(d) of the ESA.

Issue: The policy is vague or lacks

specific focus.

Services’ Response: The purpose of

this policy is to provide guidance and

direction for the resolution of existing or

potential conflicts between the ESA and

recreational fishing interests. Conflicts

or potential conflicts may touch on a

variety of constituents, societal and

economic interests, geographic and

biological issues, as well as political

considerations. As discussed above, the

issues associated with this policy are

quite variable. In order to provide the

intended guidance in these matters,

while allowing adaptive solutionfinding approaches to evolve, the policy

framework must be broad thus retaining

opportunities for innovation and

flexibility. The policy objectives are to

develop workable goals and objectives

understood by Federal agencies, States,

Tribes, recreational anglers, and any

other interested parties. The Services’

believe that this document meets those

needs.

Issue: Use of the terms ‘‘stakeholders’’

and ‘‘partner’’ does not clearly define

the intended parties.

Services’ response: Both Services

intend that the use of the terms

‘‘stakeholders’’ and ‘‘partners’’ is not

reserved for recreational fishing

interests. As used in this policy, these

terms are intended to include

conservation groups, local government

organizations, land and water users,

power consumers, and others affected

by the ESA and recreational fisheries

issues or having interest in these issues.

The Services will pursue a policy of

participatory inclusion rather than of

limitation or exclusion.

Issue: Policy point 2.C calls for

management practices ‘‘that are

consistent with recovery objectives and

compatible with existing recreational

fisheries.’’ Existing recreational fisheries

in this region [Pacific Northwest] often

rely heavily upon releases of hatchery

fish, a known impediment to wild fish

recovery, and may need to be extremely

curtailed or even closed in order to

prevent further declines in wild fish

populations.

Services’ Response: Both Services

recognize that efforts to restore or save

a native species or particular population

necessary to recovery may involve

decisions which may be biologically

sound but which may be unpopular

among constituents. This policy does

not preclude such decisions. However,

it is the purpose of this Policy to seek

ways to resolve issues in such a way as

to reduce conflicts between

administration of the ESA and

recreational fisheries by avoiding

conflicts when possible and attenuating

the unpopularity of decisions that

cannot be avoided.

Issue: Point 2.D calls on Federal

agencies to ‘‘identify priorities for the

restoration of aquatic habitats needed to

conserve and recover’’ imperiled fish

while working ‘‘concurrently to support

increased recreational fishing

opportunities to the maximum extent

possible.’’ Such a statement

presupposes that increasing

‘‘recreational fishing opportunities to

the maximum extent possible’’ would

not be an issue in recovery efforts. We

believe the opposite to be true.

Services’ Response: The Services have

made changes to the policy text to

clarify the Services’ intent. The qualifier

in the draft policy, ‘‘to the maximum

extent possible’’ acknowledged that

there could very well be conflicts with

recovery, but that the Services will do

the best they can to accommodate

recreational fishing.

Issue: Point 2.F calls for ‘‘coordinating

the reintroduction of listed species into

former habitats with recreational

fisheries interests.’’

Recovery of wild salmonids is going

to happen because of habitat

availability, rather than on an

experimental basis at the whim of user

groups whose interest is in avoiding the

presence of a listed species.

Services’ Response: Part 2.F identifies

the Services’ intention to involve all

affected or interested parties in the

recovery process. This is consistent with

the Services’ policy on recovery

planning.

Issue: Point 2.G calls for evaluating

proposed introductions of nonindigenous species or hybrids based

upon, among other things, ‘‘recreational

fisheries and other socio-economic

objectives.’’ These potential ‘‘concerns’’

are not a logical, appropriate or legal

basis for such proposed introductions.

Services’ Response: The purpose of

this section is to acknowledge that there

are additional principles of sound

fisheries management that also will be

considered, as well as other guidance,

policies and legal responsibilities, when

considering introduction of non-native

aquatic species to aquatic systems.

Issue: Point 2.H calls for adjusting

recovery strategies to ‘‘minimize adverse

effects on recreational fisheries.’’

Recovery strategies need not consider

impacts to recreational fisheries by law.

Services’ Response: This section

addresses a need for the appropriate

entities to evaluate recovery activities

and recreational fishing activities to

assess their status and effects upon

recovery. If issues are identified which

are unnecessary impediments to the

restoration or enhancement of

recreational fisheries, they should be

corrected to the extent that this is

possible. The Services however, do not

intend that necessary recovery strategies

or tasks be modified to minimize

impacts on recreational fisheries. The

shared and cooperative evaluation of

recovery needs and concurrent

examination of recreational fishing

activities are vital elements for avoiding

and resolving conflicts and establishing

mutually agreed strategies and goals.

Issue: Point 2.I calls for coordinating

reintroductions of Federally listed

species with activities needed to

enhance recreational fisheries,

specifically as they relate to using

historical ranges (watersheds) of wild

species for the benefit of recreational

fishing. Such a policy contradicts the

ESA.

Services’ Response: The text in the

final policy has been modified.

However, the policy does not contradict

the ESA. This policy section addresses

the need for assessments regarding

potential habitat use by both listed

species and recreational fisheries

species. Recreational fishing is not

always the cause of decline, nor are

recreational fishing activities

necessarily an inherent threat to listed

aquatic species.

Issue: Point 3. The Services * * *

will provide the public with a better

understanding of recreational fisheries

by * * *’’ This point illustrates our

concern over this policy’s treatment of

the ESA and species recovery.

Services’ Response: The Services

continue to support educational

outreach toward recreational anglers on

issues of endangered and threatened

species recovery.

Issue: Point 3.A ‘‘Involving the public

in identifying opportunities to enhance

recreational fisheries.’’ This point does

not reflect the importance of the

scientific knowledge contained in

recovery plans.

Service Response: The intent of

section 3.A is to acknowledge the

significant role that non-governmental

organizations and individuals can play

in achieving the goals of listed species

recovery and this policy.

Issue: 3.C ‘‘Assisting to identify and

provide * * * comparable alternative

recreational opportunities when existing

recreational fishing opportunities are

altered or curtailed to meet objectives

for conservation of Federally listed or

proposed species.’’ Comparable

recreational opportunities as some sort

of mitigation for species recovery is not
Federal Register / Vol. 61, No. 107 / Monday, June 3, 1996 / Notices 27981

a requirement of the ESA, and in

specific instances could be quite

counterproductive.

Service Response: This policy

statement addresses a situation where a

species’ continued existence could be in

danger due to a recreational fishery or

associated activity. It may be possible

that a different fishery could be

established which would not threaten

the existing fishery. Possibly a new

fishery could be established elsewhere,

or a degraded fishery improved as a

replacement.

The statement of one respondent that

recovery cannot be made compatible

with recreational fishing in every

instance and location may well be true.

However, the purpose of the Policy is to

affirm that the Services will approach

each instance with an open-minded

approach to resolve such conflicts in a

manner acceptable to all parties, using

innovative methods where necessary,

and within the requirements of the ESA.

Issue: The policy should direct the

Services to develop a framework plan or

action plan for implementation that

would address such items as how the

Services will specifically ‘‘encourage

management actions * * * or support

management practices * * * ’’

Services’ Response: The Services

agree that the Policy will be effective

only when they take action to

implement it. The Services have

identified implementation mechanisms

and will pursue those that are

expeditious and appropriate.

Policy

The Services recognize the primary

responsibility of State and Tribal

governments for the protection and

management of fish, wildlife, and plant

resources within their jurisdictions. The

Federal government, however, has

public trust responsibilities and

statutory responsibilities to conserve

endangered and threatened species

listed under the ESA and, to that extent,

this policy does not diminish or

abrogate that responsibility particularly

as it applies to section 6 (Cooperation

With the States), section 7 (Interagency

Cooperation), section 9 (Prohibited

Acts), and section 10 (Exceptions). This

policy is to affirm the Services’ intent to

minimize and resolve conflicts between

implementation of the ESA and

activities to enhance recreational fishery

resources and recreational fishing

opportunities. This will be

accomplished through cooperative

partnerships with other Federal

agencies, State and local governments,

Tribal governments, recreational

fisheries interests, conservation

organizations, industry, and other

interested stakeholders. Activities to be

undertaken by the Services with respect

to implementation of the ESA include

the following:

1. The Services will increase efforts to

develop mutually accepted goals and

objectives among the involved Federal

agencies, States, Tribal governments,

conservation organizations, recreational

fisheries communities, and other

interested entities 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, Tribal

governments, conservation organizations,

and recreational fisheries stakeholders at

appropriate organizational levels in

implementing the ESA;

C. Promoting collaboration and

information sharing among Federal agencies,

States, Tribal governments, conservation

organizations and recreational fisheries

stakeholders;

D. Coordinating with all affected

stakeholders, partners, and interested parties

throughout the decision-making processes on

federally listed species issues that may affect

recreational fisheries; and

E. Improving and increasing efforts to

inform both Federal and non-Federal entities

of the requirements of the ESA with

particular reference to sections 6, 7, 9, and

10 of the ESA.

2. The Services will encourage

participation of other Federal agencies,

States, Tribal governments, conservation

organizations, recreational fisheries

stakeholders, and other interested

parties in developing, implementing,

and reviewing actions identified in

approved recovery plans for listed

species by:

A. Involving other Federal agencies, States,

Tribal governments, conservation

organizations, recreational fisheries

stakeholders, and other affected or interested

parties in recovery planning and

implementation;

B. Encouraging proactive management and

habitat conservation, restoration, and

enhancement projects on public and private

lands and waters to conserve federally listed

or proposed aquatic species and to support

similar measures to prevent further decline of

species and loss of habitat 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, concurrently, to support increased

recreational fishing opportunities to the

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, Tribal governments, and

other interested or affected entities, including

recreational fisheries stakeholders;

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 genetics considerations,

disease control, ecological principles, and

listed species recovery objectives, as well as

recreational fisheries and other socioeconomic objectives;

H. Ensuring the effectiveness of actions

taken to recover listed species and manage

recreational fisheries by periodically

evaluating conservation and recovery

strategies and, where possible, adjusting

those actions to minimize adverse effects on

recreational fisheries;

I. Eliminating unnecessary recovery based

restrictions affecting recreational fisheries.

Priority will be given to cooperatively

reviewing recovery based restrictions

affecting recreational fisheries in areas

currently unoccupied but within known

historical range of listed species.

J. Encouraging States to increase their

participation in listed aquatic endangered,

threatened, and proposed species recovery

through section 6 grants; and

K. Assisting the States and Tribal

governments in meeting their recreational

fishing goals.

3. The Services, in cooperation with

other Federal agencies, State and local

governments, Tribal governments, nongovernmental organizations, and

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. 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 ESA 4(d) rules, habitat

conservation planning, and other adaptive

conservation tools;

B. 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; and

C. Assisting to identify and provide,

contingent on appropriations and other

constraints, comparable alternative

recreational angling opportunities when

existing ones are altered or curtailed to meet

objectives for conservation and recovery of

federally listed or proposed species.

4. To meet particular mandates to

conserve federally endangered,

threatened, or proposed species while

providing and enhancing recreational

fishery resources and fishing

opportunities, the Services will:
27982 Federal Register / Vol. 61, No. 107 / Monday, June 3, 1996 / Notices

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 consistent

with agency missions, authorities, and

initiatives.

Scope of Policy

This 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.

Author/Editor

The editors of this policy are David

Harrelson of the Fish and Wildlife

Service’s Division of Endangered

Species, Bob Batky of the Fish and

Wildlife Service’s Division of Fish

Hatcheries, and Marta Nammack of the

National Marine Fisheries Service’s

Endangered Species Division.

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: May 14, 1996.

Mollie H. Beattie,

Director, U.S. Fish and Wildlife Service,

Department of the Interior.

Dated: May 20, 1996.

Rolland A. Schmitten,

Assistant Administrator for Fisheries,

National Marine Fisheries Service, National

Oceanic and Atmospheric Administration,

U.S. Department of Commerce.

[FR Doc. 96–13678 Filed 5–31–96; 8:45 am]

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