[Federal Register Volume 75, Number 204 (Friday, October 22, 2010)]
[Notices]
[Pages 65299-65304]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-26754]



[[Page 65299]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XZ77


Endangered and Threatened Species; Recovery Plans

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

ACTION: Notice of Availability; request for comments.

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SUMMARY: NMFS announces the availability of the Proposed Upper 
Willamette River Conservation and Recovery Plan for Chinook Salmon and 
Steelhead (Plan) for public review and comment. The Plan describes the 
recovery strategies and actions needed to recover the Upper Willamette 
River Chinook (Oncorhynchus tschawytscha) Evolutionarily Significant 
Unit (ESU) and Upper Willamette River steelhead (Oncorhynchus mykiss) 
Distinct Population Segment (DPS) to viable levels and addresses the 
human and natural factors that originally led to the threatened listing 
of these species under the Endangered Species Act (ESA). NMFS is 
soliciting review and comment from the public and all interested 
parties on the proposed Plan.

DATES: NMFS will consider and address all substantive comments received 
during the comment period. Comments must be received no later than 5 
p.m. Pacific standard time on December 21, 2010.

ADDRESSES: Please send written comments and materials to Lance Kruzic, 
National Marine Fisheries Service, 2900 NW Stewart Parkway, Roseburg, 
OR 97471. Comments may also be submitted by e-mail to: 
<a href="/cdn-cgi/l/email-protection#cdbaa4a1a1aca0a8b9b9a8e3bda1aca38da3a2acace3aaa2bb"><span class="__cf_email__" data-cfemail="aaddc3c6c6cbc7cfdedecf84dac6cbc4eac4c5cbcb84cdc5dc">[email protected]</span></a>. Please include ``Comments on Upper Willamette 
Recovery Plan'' in the subject line of the e-mail. Comments may be 
submitted via facsimile (fax) to (541) 957-3386. Persons wishing to 
review the Plan can obtain an electronic copy (i.e., CD ROM) from 
Sharon Houghton by calling (503) 230-5418 or by e-mailing a request to 
<a href="/cdn-cgi/l/email-protection#14677c75667b7a3a7c7b61737c607b7a547a7b75753a737b62"><span class="__cf_email__" data-cfemail="b2c1dad3c0dddc9cdaddc7d5dac6dddcf2dcddd3d39cd5ddc4">[email protected]</span></a> with the subject line ``CD ROM Request for 
Upper Willamette Recovery Plan.'' Electronic copies of the Plan are 
also available on line on the NMFS Web site, http://www.nwr.noaa.gov/Salmon-Recovery-Planning/Recovery-Domains/Willamette-Lower-Columbia/Will/Will-Plan.cfm.

FOR FURTHER INFORMATION CONTACT: Lance Kruzic, NMFS' Willamette 
Recovery Coordinator, at (541) 957-3381, or Rob Walton, NMFS' Protected 
Resources Division at (503) 231-2285.

SUPPLEMENTARY INFORMATION:

Background

    Recovery plans describe actions beneficial to the conservation and 
recovery of species listed under the Endangered Species Act of 1973 
(ESA), as amended (16 U.S.C. 1531 et seq.). Section 4(f)(1) of the ESA 
requires that recovery plans incorporate: (1) Objective, measurable 
criteria which, when met, would result in a determination that the 
species is no longer threatened or endangered; (2) site-specific 
management actions necessary to achieve the Plan's goals; and (3) 
estimates of the time required and costs to implement recovery actions. 
The ESA requires the development of recovery plans for each listed 
species unless such a plan would not promote its recovery.
    NMFS is responsible for developing and implementing ESA recovery 
plans for listed salmon and steelhead. In so doing, NMFS' goal is to 
restore endangered and threatened Pacific salmonids to the point that 
they are again self-sustaining members of their ecosystems and no 
longer need the protections of the ESA. Local support of recovery plans 
by those whose activities directly affect the listed species, and whose 
actions will be most affected by recovery efforts, is essential. NMFS 
therefore supports and participates in locally led collaborative 
efforts to develop recovery plans that involve local communities, 
State, tribal, and Federal entities, and other stakeholders.
    In the Upper Willamette River Basin, the Oregon Department of Fish 
and Wildlife (ODFW) has been the local entity leading the development 
of the recovery plan for ESA-listed Upper Willamette spring Chinook and 
winter steelhead. After many years of developing the Plan, with a suite 
of local stakeholders (including local, county, State, and Federal 
agencies; private industry; fishing organizations; and environmental 
groups), the ODFW has formally submitted the Plan to NMFS. After review 
and evaluation, NMFS has determined the Plan meets the statutory 
requirements for a recovery plan and thus now is proposing to adopt the 
Plan as the ESA recovery plan for listed Upper Willamette spring 
Chinook and winter steelhead. The state of Oregon also has a 
requirement to develop ``conservation plans'' for native fish in Oregon 
under their Native Fish Conservation Policy (http://ftp.dfw.state.or.us/fish/nfcp/nfcp.pdf). The state is also proposing 
this Plan for adoption under its policy. Thus, when adopted, this Plan 
will serve as a conservation and recovery plan for the state of Oregon 
and NMFS.

Proposed Recovery Plan for Upper Willamette Salmon and Steelhead

    Below is a summary of the key components of the proposed Plan 
described separately for Upper Willamette River spring Chinook and 
winter steelhead. The intent of the summary is to provide the reader an 
overview of the current status of the species, the problems that have 
led to the current status, and the recovery strategies and actions 
proposed in the Plan to recover the species to the desired status. See 
the ADDRESSES section above to obtain a full copy of the proposed Plan.

Upper Willamette River Spring Chinook

    The Upper Willamette River spring Chinook ESU was listed by NMFS as 
threatened in 1999 (64 FR 14308). The ESU includes all naturally 
spawned populations of spring Chinook in the Clackamas River and in the 
Willamette Basin upstream of Willamette Falls. The ESU also includes 
hatchery spring Chinook from five hatcheries: McKenzie River Hatchery, 
Marion Forks Hatchery, South Santiam Hatchery, Willamette Hatchery, and 
Clackamas hatchery (70 FR 37160).
    Myers et al. (2006) identified seven demographically independent 
populations of spring Chinook in the Upper Willamette River based on 
geography, migration rates, genetic attributes, life history patterns, 
phenotypic characteristics, population dynamics, and environmental and 
habitat characteristics. The seven populations include the Clackamas, 
Molalla, North Santiam, South Santiam, Calapooia, McKenzie, and the 
Middle Fork Willamette. Myers et al. (2006) concluded that the 
Clackamas, North Santiam, McKenzie and Middle Fork Willamette 
populations are ``core populations'' and the McKenzie is a ``genetic 
legacy'' population.

Current Status and Listing Factors

    There are four Viable Salmonid Population (VSP) parameters NMFS 
uses to assess the status of salmon and steelhead under the ESA: 
abundance, productivity, spatial structure, and diversity (McElhany et 
al., 2000). NMFS considers the Upper Willamette spring Chinook ESU to 
be at a high risk of extinction due to significant alterations in all 
of the VSP parameters (McElhany et al., 2007). NMFS is currently

[[Page 65300]]

conducting a review of the status of all listed species, and will take 
into account the fact that the Upper Willamette spring Chinook ESU is 
currently considered to be at high risk of extinction. Of the seven 
historic populations, only two populations (McKenzie and Clackamas) 
currently produce significant returns of naturally-produced fish and 
are deemed to currently be at moderate to low risk. All of the other 
five populations have exhibited very low returns of naturally-produced 
spring Chinook salmon and are currently at a high risk of extinction.
    NMFS evaluates five listing factors (threats) under section 4(a)(1) 
when making initial determinations are made whether to list species for 
protection under the ESA. They include: Present or threatened 
destruction, modification, or curtailment of [the species'] habitat or 
range (Factor A); over-utilization for commercial, recreational, 
scientific, or educational purposes (Factor B); disease or predation 
(Factor C); inadequacy of existing regulatory mechanisms (Factor D); 
and other natural or human-made factors affecting [the species'] 
continued existence (Factor E). At the time of the original listing 
determination in 1999 (64 FR 14308), NMFS cited all of the five listing 
factors as contributing to the decline of Upper Willamette spring 
Chinook salmon. Specifically, the major concerns described were related 
to: loss of historic spawning and rearing habitat due to dam blockages 
in the eastside tributaries of the Willamette River; adverse thermal 
effects downstream from operation of the dams; riparian and stream 
habitat loss and degradation particularly in the lowland, valley areas 
(Factors A and D); excessive fishery harvest (Factor B); and adverse 
effects from hatchery programs (Factor E).

Objective and Measurable Criteria

    The ultimate goal of the Plan is to recover spring Chinook 
populations in the Willamette River and correct the factors that have 
contributed to their decline to a point where ESA protection is no 
longer necessary. In determining whether the protections of the Act are 
no longer necessary, NMFS evaluates (1) the biological status of the 
ESU or DPS and its constituent populations (viability) and (2) the 
status of the threats that led to the listing of the species under the 
ESA as well as any additional threats that have emerged. Thus in 
formulating a plan for recovery, we include two types of criteria 
which, when met, will indicate that the listed species no longer 
requires the protections of the Act--viability criteria and threats 
criteria. These criteria satisfy the requirements of ESA section 
4(f)(1)(B)(ii) and are further described below.
    The Willamette/Lower Columbia Technical Recovery Team (Technical 
Recovery Team) provided information on the historic population 
structure (Myers et al. 2006) and criteria for ESU/DPS viability 
(McElhany et al. 2007). The populations are identified in Table 1. The 
viability criteria for spring Chinook and steelhead are as follows:
    1. ESU/DPS is viable when:
    (a) At least two populations in the ESU and DPS meet Population 
Viability Criteria (see 2 below).
    (b) The average of all population extinction risk category scores 
with the ESU or DPS is 2.25 or greater (see 2 below).
    (c) Most of ``core'' populations (i.e., the populations that were 
most productive historically: 3 of 4 core Chinook populations and 2 of 
2 core steelhead populations) within the ESU/DPS are restored to 
viability.
    (d) The ESU/DPS maintains a semblance of normative evolutionary 
processes by improving to very low risk of extinction the remaining 
``genetic legacy'' populations (Chinook: McKenzie population, 
steelhead: Santiam populations), and
    (e) All populations not meeting Population Viability Criteria below 
shall not deteriorate and are maintained (at a minimum) at their 
current risk status.
    2. Population Viability: A population is ``viable'' based on an 
integrated assessment of the population's abundance, productivity, 
spatial structure, and diversity status that produces an extinction 
risk of 5% or less over a 100 year timeframe. The Technical Recovery 
Team's scoring system is based on a scale from 0-4, with zero being 
very high risk of extinction (>40% probability of extinction over 100 
years) and four being a very low risk of extinction (1% or less 
probability of extinction over 100 years).
    For the Upper Willamette River spring Chinook ESU to achieve 
viability, the Plan proposes to recover the Upper Willamette ESU and 
its constituent populations to the risk levels identified in Table 1.

                    Table 1--Upper Willamette Spring Chinook ESU Population Recovery Scenario
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                                                      Current risk
   Spring Chinook population     TRT designation         status                  Proposed risk status
----------------------------------------------------------------------------------------------------------------
Clackamas.....................  Core.............  Moderate risk....  Very low risk.
Molalla.......................  .................  Very high risk...  High risk.
North Santiam.................  Core.............  High risk........  Low risk.
South Santiam.................  .................  High risk........  Moderate risk.
Calapooia.....................  .................  Very high risk...  High risk.
McKenzie......................  Core, Legacy.....  Low risk.........  Very low risk.
MF Willamette.................  Core.............  Very high risk...  Low risk.
----------------------------------------------------------------------------------------------------------------
Overall ESU Risk (extinction risk score).........  High risk (0.71).  Moderate to Low risk (2.57).
----------------------------------------------------------------------------------------------------------------

    In addition to achieving biological viability, the threats to the 
ESU must also be sufficiently ameliorated so that once the ESU is 
delisted, there are adequate protections in place to ensure the species 
is not likely to become listed under the ESA again in the foreseeable 
future. The five listing factors must be addressed in order for the 
species to recover to biological viability. Thus, the Plan emphasizes 
meeting the biological viability criteria by addressing the threats 
that led to the decline and are currently preventing the species from 
recovering. The threats criteria are as follows. For further details, 
see the Plan.

A. Present or Threatened Destruction, Modification, or Curtailment of 
ESU/DPS' Habitat or Range

    1. Habitat related threats have been ameliorated such that they do 
not limit attainment of the desired status of the ESU/DPS and its 
constituent populations. The desired status of each population is 
defined by viability criteria in the Plan.
    a. The condition of stream and riparian habitat in freshwater and 
the estuary has improved since the time of listing.
    2. Hydropower/flood control dam related threats have been 
ameliorated

[[Page 65301]]

such that they do not and will not limit attainment of the desired 
status of the ESU/DPS and its constituent populations.
    a. Management actions have been implemented since the time of 
listing to reintroduce salmon and steelhead back into historic habitats 
above the impassable dams.
    b. Survival of outplanted adult fish above the impassable dams to 
spawning is high.
    c. Downstream passage survival of juvenile offspring through the 
reservoir and dam complexes is high.
    d. Management of flow and temperature downstream of the federal 
dams is sufficient to allow adequate spawning and rearing of salmon and 
steelhead.

B. Over-Utilization for Commercial, Recreational, Scientific, or 
Educational Purposes

    1. Harvest related threats have been ameliorated such that they do 
not, and will not, limit attainment of the desired status of the ESU/
DPS and its constituent populations.
    a. Management actions have been implemented since the time of 
listing to reduce fishery exploitation rates so that fishery harvest is 
no longer impeding the recovery potential of the populations and ESU/
DPS.
    b. Exploitation rates are in accordance with ESA authorizations for 
ocean and freshwater fisheries.

C. Disease or Predation

    1. Disease and predation related threats have been ameliorated such 
that they do not, and will not, limit attainment of the desired status 
of the ESU/DPS and its constituent populations.
    a. Management actions have been implemented since the time of 
listing to reduce disease transmission and predation by non-native 
species in the Willamette Basin.
    b. Management actions have been implemented since the time of 
listing to reduce predation from marine mammals.
    c. Management actions have been implemented since the time of 
listing to reduce disease transmission and predation by hatchery-origin 
fish in the Willamette Basin and estuary.

D. Inadequacy of Existing Regulatory Mechanisms

    1. Inadequacies of existing regulatory mechanisms have been 
addressed such that the species' biological and habitat requirements 
are being met to allow attainment of the desired status of populations.
    2. Adequate resources, priorities, regulatory frameworks, and 
coordination mechanisms are established and/or maintained for effective 
enforcement of land and water use regulations that protect and restore 
habitats, including water quality and water quantity, and for the 
effective management of fisheries.
    3. Habitat conditions and watershed functions are protected through 
land-use planning that guides human population growth and development.
    4. Habitat conditions and watershed function are protected through 
regulations that govern resource extraction such as timber harvest and 
gravel mining.
    5. Habitat conditions and watershed functions are protected through 
land protection agreements as appropriate, where existing policy or 
regulations do not provide adequate protection.
    6. Sufficient priority instream water rights for fish habitat are 
in place.

E. Other Natural or Human-Made Factors Affecting the ESU/DPS Continued 
Existence

    1. Other natural factors have been accounted for such that they do 
not limit attainment of the desired status of populations.
    2. Hatchery related threats have been ameliorated such that they do 
not, and will not, limit attainment of the desired status of 
populations.
    a. Management actions have been implemented to reduce genetic and 
ecological risks of naturally-spawning hatchery fish in the wild.
    The Plan describes the threats criteria in more detail and includes 
the monitoring and evaluation plans in Chapter 8. NMFS concludes that 
the viability criteria and the threats criteria, as specified in the 
Plan, define the conditions that, when met, would result in a 
determination that the Upper Willamette spring Chinook ESU is not 
likely to become endangered within the foreseeable future throughout 
all or a significant portion of its range. These conditions represent 
the best available science at this time. However, they may not 
necessarily be the only conditions that could result in a decision to 
delist.

Site-Specific Management Actions

    The strategies and actions identified in the Plan related to the 
recovery scenario for spring Chinook are designed to reduce human and 
natural impacts associated with the threats facing each population. The 
Plan also includes the analysis and assumptions used to determine that 
the identified actions would likely improve the populations to the 
desired risk status levels identified in Table 1. The key strategies 
and site-specific management actions are fully described in Chapters 7 
and 9 of the Plan. In general, they include:
    <bullet> Reduce the adverse effects associated with Willamette 
hydropower and flood control operations by restoring access to historic 
production areas upstream of the dams, reducing downstream passage 
mortality of juvenile Chinook through the reservoirs and dams, and 
restoring more natural flows, temperatures and sediment regimes.
    <bullet> Protect habitat quantity and quality within the remaining 
Chinook salmon production areas in all of the populations, and restore 
instream and riparian habitats. This entails improving water quality 
and quantity in stream reaches where impaired, restoring riparian 
habitat to keep streams cool and provide large woody debris, and 
managing land use by applying best management practices for fishery 
enhancement.
    <bullet> In the Calapooia, allow the subbasin to be naturally re-
seeded with Chinook strays from other adjacent populations as habitat 
conditions improve.
    <bullet> In the Molalla, rebuild Chinook production by improving 
the habitat for adult and juvenile life stages and then supplementing 
with fish from a conservation hatchery program for a limited period of 
time.
    <bullet> Restore habitat complexity in the mainstem Willamette 
River to improve juvenile salmonid rearing capacity and survival by 
restoring riparian function and condition, reconnecting side channels 
and floodplains to the mainstem river, and restoring water quality to 
aid salmonid survival particularly through the summer months.
    <bullet> Protect and restore estuarine habitat complexity (shallow 
waters, side channels, cover vegetation and structures, riparian areas, 
wetlands), habitat accessibility (tide gates, other structures) and 
water quality/quantity to maintain and improve survival of all life 
stages of salmon and steelhead.
    <bullet> Reduce the adverse effects of hatchery Chinook programs on 
the recovery of wild populations by reducing hatchery fish spawning in 
the wild consistent with recovery goals, promoting locally adapted, 
naturally reproducing runs above the impassable dams from 
reintroductions, and adaptively managing the hatchery programs in 
response to on-going monitoring.
    <bullet> Continue to implement ODFW's Willamette Chinook Fisheries 
Management and Evaluation Plan

[[Page 65302]]

(FMEP) to assure fishery harvest risks are managed appropriately and do 
not inhibit the recovery potential of any population.

Upper Willamette River Steelhead

    ``Steelhead'' is the name commonly applied to the anadromous 
(migratory) form of the biological species Oncorhynchus mykiss. The 
common name of the non-anadromous, or resident, form is rainbow trout. 
When NMFS originally listed the Upper Willamette River steelhead as 
threatened in 1999 (64 FR 14517), it was classified as an ESU of 
salmonids that included both the anadromous and resident forms. 
Recently, NMFS revised its species determinations for West Coast 
steelhead under the ESA, delineating anadromous, steelhead-only 
``distinct population segments'' (DPS). NMFS listed the Upper 
Willamette River steelhead DPS as threatened on January 5, 2006 (71 FR 
834). Rainbow trout are under the jurisdiction of the U.S. Fish and 
Wildlife Service (USFWS). This recovery plan addresses steelhead and 
not rainbow trout, consistent with the 2006 ESA listing decision.
    The Upper Willamette River steelhead DPS includes all naturally 
spawned winter-run steelhead populations in the Willamette River and 
its tributaries upstream from Willamette Falls to the Calapooia River 
(inclusive). It does not include steelhead residing in the McKenzie and 
Middle Fork Willamette. The Technical Recovery Team identified four 
historical demographically independent populations of Upper Willamette 
River winter steelhead: the Molalla, North Santiam, South Santiam, and 
Calapooia (Myers et al., 2006). These population delineations were 
based on geography, migration rates, genetic attributes, life history 
patterns, phenotypic characteristics, population dynamics, and 
environmental and habitat characteristics with guidance found in 
McElhany et al. (2000). The North Santiam and South Santiam rivers are 
thought to have been major production areas and these populations were 
designated as ``core'' and ``genetic legacy'' (Myers et al., 2006). 
Winter steelhead have been reported spawning in the west-side 
tributaries to the Willamette River, but these tributaries were not 
considered to have constituted an independent population historically. 
There are no hatchery programs producing steelhead within the 
geographic boundaries of the DPS. The hatchery summer-run steelhead in 
the Upper Willamette Basin are an out-of-basin stock (originally from 
Skamania Hatchery) and not considered part of the DPS.

Current Status and Listing Factors

    Based upon status assessments in McElhany et al. (2007) and the 
Plan, the Upper Willamette steelhead DPS is currently at a moderate to 
low risk of extinction. However, there is uncertainty in the assessment 
due to the limited population-specific data. The only direct measure of 
abundance comes from counts at Willamette Falls, which also include 
winter steelhead returning to areas outside of the DPS (i.e., upstream 
of the Calapooia River). The counts at Willamette Falls have declined 
over the last five years compared to the relatively large returns in 
2001 through 2004. The most recent five year average is similar to the 
abundance levels observed in the 1990's, which are much reduced from 
the previous decades. The Molalla, North Santiam, and South Santiam 
populations are currently at low risk (McElhany et al. 2007). The 
Calapooia population is currently at a moderate risk of extinction 
(McElhany et al. 2007).
    As described above for Chinook salmon, we evaluate five listing 
factors under section 4(a)(1) when determining whether to list species 
under the ESA. At the time of the original listing determination in 
1999 (64 FR 14517), NMFS cited all of the five listing factors as 
contributing to the decline of Upper Willamette steelhead. 
Specifically, the major concerns described were related to: loss of 
historic spawning and rearing habitat due to dam blockages in the 
eastside tributaries of the Willamette River, adverse thermal effects 
downstream from operation of the dams, riparian and stream habitat loss 
and degradation particularly in the lowland, valley areas (Factors A 
and D); lack of historical abundance data for steelhead populations, 
management on non-federal lands (Factor D); and adverse effects from 
hatchery programs (Factor E).

Objective and Measurable Criteria

    The ultimate goal of the Plan is to recover spring Chinook 
populations in the Willamette River and correct the factors that have 
contributed to their decline to a point where ESA protection is no 
longer necessary. In determining whether the protections of the Act are 
no longer necessary, NMFS evaluates (1) the biological status of the 
ESU or DPS and its constituent populations (viability) and (2) the 
status of the threats that led to the listing of the species under the 
ESA as well as any additional threats that have emerged (threats). Thus 
in formulating a plan for recovery, we include two types of criteria 
which, when met, will indicate that the listed species no longer 
requires the protections of the Act--viability criteria and threats 
criteria. These criteria satisfy the requirements of ESA section 
4(f)((1)(B)(ii) and are further described below.
    The Technical Recovery Team provided information on the historic 
population structure (Myers et al. 2006) and criteria for ESU/DPS 
viability (McElhany et al. 2007). The steelhead populations are 
identified in Table 2. The biological viability criteria for steelhead 
are the same criteria as stated above for spring Chinook.
    For the Upper Willamette River steelhead DPS to meet viability 
criteria, the Plan proposes to recover the Upper Willamette DPS and its 
constituent populations to the risk levels identified in Table 2. In 
addition to achieving biological viability, the five listing factors 
that originally led to the listing of the DPS must also be sufficiently 
ameliorated so that once the DPS is delisted, there are adequate 
protections in place to ensure the species is not likely to become 
listed under the ESA again in the foreseeable future. The threats must 
be addressed in order for the species to recover to viability. Thus, 
the Plan emphasizes meeting the viability criteria by addressing the 
threats that are responsible for the species decline. The threats 
criteria for winter steelhead are the same as specified above for 
Chinook.

                      Table 2--Upper Willamette Steelhead DPS Population Recovery Scenario
----------------------------------------------------------------------------------------------------------------
                                                      Current risk
     Steelhead population        TRT designation         status                  Proposed risk status
----------------------------------------------------------------------------------------------------------------
Molalla.......................  .................  Low risk.........  Very low risk.
North Santiam.................  Core, genetic      Low risk.........  Very low risk.
                                 legacy.
South Santiam.................  Core, genetic      Low risk.........  Very low risk.
                                 legacy.
Calapooia.....................  .................  Moderate risk....  Moderate risk.
----------------------------------------------------------------------------------------------------------------

[[Page 65303]]

 
DPS Risk (extinction risk score).................  Moderate risk      Low to very low risk (3.50).
                                                    (2.75).
----------------------------------------------------------------------------------------------------------------

    NMFS concludes that the viability criteria and the threats criteria 
as specified in the Plan define the conditions that, when met, would 
result in a determination that the Upper Willamette steelhead DPS is 
not likely to become endangered within the foreseeable future 
throughout all or a significant portion of its range. These conditions 
represent the best available science at this time. However, they may 
not necessarily be the only conditions that could result in a decision 
to delist.

Site-Specific Management Actions

    The strategies and actions identified in the Plan for winter 
steelhead are designed to reduce human and natural impacts associated 
with the primary and secondary limiting factors and threats facing each 
population. If the primary and secondary limiting factors and threats 
are ameliorated, then the population should be conserved and recover 
over time. The Plan also includes the analysis and assumptions used to 
determine that the identified actions would likely improve the 
populations to the desired risk status levels identified in Table 2. 
The proposed key strategies and site-specific management actions are 
fully described in Chapters 7 and 9 of the Plan. In general, they 
include:
    <bullet> Protect and restore freshwater habitat in the tributary 
areas of the Willamette River for steelhead production. Actions focus 
on providing adequate spawning and rearing habitat in all of the 
population areas. Improvements to riparian areas to provide cooler 
temperatures throughout the summer, provide sources of large woody 
debris for instream habitat complexity, and keep sufficient water in 
the stream for juvenile steelhead rearing are critical to recovering 
steelhead populations. These actions will also provide substantial 
benefits to listed Chinook.
    <bullet> Improve water quantity and quality by reducing the impacts 
of water withdrawals.
    <bullet> Protect and restore estuarine habitat complexity (shallow 
waters, side channels, cover vegetation and structures, riparian areas, 
wetlands), habitat accessibility (tide gates, other structures) and 
water quality/quantity.
    <bullet> Address direct impacts of Willamette hydropower and flood 
control dam/reservoir operations by restoring access to historic 
production areas, reducing passage mortality, and restoring more 
natural flows, temperatures and sediment levels.
    <bullet> Reduce predation and related impacts of birds and fish in 
the estuary.
    <bullet> Manage fisheries and hatchery programs adaptively so their 
impacts on wild steelhead populations are compatible with recovery 
goals.

Time Required and Cost Estimates for Spring Chinook and Steelhead 
Recovery

    There are unique challenges to estimating time and cost for salmon 
and steelhead recovery, given the complex relationship of these fish to 
the environment and to human activities on land. NMFS estimates that 
recovery of the Upper Willamette River Chinook ESU and steelhead DPS, 
like recovery for most of the ESA-listed Pacific Northwest salmon and 
steelhead, could take 50 to 100 years. The Plan is a 25-year plan. 
Actions identified in the Plan will be implemented within this 
timeframe, though most of the actions are scheduled to be completed 
earlier than this. NMFS and ODFW estimated costs associated with 
implementing new actions or increasing programs resulting from this 
recovery plan were included, but did not consider other costs, referred 
to as ``baseline'' costs, which are part of an entities base program or 
mission, or which are required by regulatory processes (e.g., ESA 
section 7 consultations, Clean Water Act implementation actions, state 
fishery management).
    The Plan estimates the total cost for restoring the Upper 
Willamette Chinook ESU and steelhead DPS at $265 million over the next 
25 years (using the assumptions stated above), but cautions that this 
number could represent a minimal cost for recovery, given all of the 
costs and uncertainties which are not included in the Plan. Such 
uncertainties include biological and ecosystem responses to recovery 
actions, as well as long-term and future funding. At this time, the 
amount of acreage or miles of habitat that need to be improved is 
unknown, so quantity and total costs for some actions remain to be 
determined. Uncertainty of the survival effect of many of the habitat 
actions also makes estimation of the full extent of habitat action 
costs difficult. The Plan calls for greater quantification and 
understanding of the amount of habitat restoration needed.

Conclusion

    Section 4(f)(1)(B) of the ESA requires that recovery plans 
incorporate: (1) Objective, measurable criteria which, when met, would 
result in a determination that the species is no longer threatened or 
endangered; (2) site-specific management actions necessary to achieve 
the Plan's goals; and (3) estimates of the time required and costs to 
implement recovery actions. As summarized above (and fully described in 
the Plan), the three requirements for a recovery plan have been 
fulfilled in this Plan, and thus NMFS is proposing to adopt it under 
section 4(f)(1) of the ESA for Upper Willamette Chinook and Upper 
Willamette steelhead.

Public Comments Solicited

    NMFS is soliciting written comments on the proposed Plan. All 
comments received by the date specified above will be considered prior 
to NMFS' decision whether to approve the Plan. Additionally, NMFS will 
provide a summary of the comments and responses through its Northwest 
Region Web site and provide a news release for the public announcing 
the availability of the response to comments. NMFS is seeking comment 
particularly in the following areas: (1) If the population recovery 
scenarios identified in Table 1 and Table 2 are appropriate; (2) if the 
suite of proposed actions in the Plan are appropriate to recover the 
ESU and DPS; (3) if the viability and threats criteria for removing the 
ESU and DPS from the Federal list of endangered and threatened wildlife 
and plants are appropriate and, in particular, if the threats criteria 
are sufficiently specific; and (4) if the estimates of time and cost to 
implement recovery actions are appropriate.

Literature Cited

McElhany, P., M.H. Ruckelshaus, M.J. Ford, T.C. Wainwright, and E.P. 
Bjorkstedt. 2000. Viable salmon populations and the recovery of 
evolutionarily significant units. U.S. Dept. of Commerce, NOAA Tech. 
Memo., NMFS NWFSC 42, 156p. Authority: 16 U.S.C. 1531 et seq.
McElhany, P., M. Chilcote, J. Myers, R. Beamesderfer. 2007. 
Viability status of Oregon salmon and steelhead populations in the 
Willamette and Lower

[[Page 65304]]

Columbia Basins, review draft. National Marine Fisheries Service 
Northwest Fisheries Science Center, Seattle, WA.
Myers, J., C. Busack, D. Rawding, A. Marshall, D. Teel, D.M. Van 
Doornik, and M.T. Maher. 2006. Historical population structure of 
pacific salmonids in the Willamette River and Lower Columbia River 
Basins. NOAA Technical Memorandum NMFS-NWFSC-73, February, 2006. 
Seattle, WA.
National Marine Fisheries Service (NMFS). 2008. Endangered Species 
Act--Section 7(a)(2) Consultation Biological Opinion and Magnuson-
Stevens Fishery Conservation and Management Act Essential Fish 
Habitat Consultation. Consultation on the ``Willamette River Basin 
Flood Control Project.'' NMFS, Hydropower Division. Portland, OR.

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

    Dated: October 19, 2010.
Therese Conant,
Acting Chief Endangered Species Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. 2010-26754 Filed 10-21-10; 8:45 am]
BILLING CODE 3510-22-P


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