[Federal Register Volume 59, Number 17 (Wednesday, January 26, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1634]
[[Page Unknown]]
[Federal Register: January 26, 1994]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 227
Listing Endangered and Threatened Species and Designating
Critical Habitat: Petition To List Coho Salmon Throughout Its Range in
Washington, Oregon, Idaho, and California
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration, Commerce.
ACTION: Notice of petition finding and request for information.
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SUMMARY: NMFS has received a petition to list, either on an emergency
basis or through normal listing procedures, coho salmon (Oncorhynchus
kisutch) throughout its range in Washington, Oregon, Idaho, and
California, and to designate critical habitat under the Endangered
Species Act of 1973 (ESA). The petition presents substantial scientific
information indicating that the request for a non-emergency listing may
be warranted. Therefore, NMFS is initiating a status review to
determine if the petitioned action is warranted. To ensure that the
review is comprehensive, NMFS is soliciting information and data
regarding this action. Information received during the comment period
for this status review will be used in NMFS' ongoing review of coho
salmon populations in California, Oregon, and Washington (including
Puget Sound).
DATES: Comments and information must be received on March 28, 1994.
ADDRESSES: Copies of the petition are available from, and comments
should be submitted to, Merritt Tuttle, Chief, Environmental and
Technical Services Division, NMFS, 911 NE 11th Avenue, room 620,
Portland, OR 97232.
FOR FURTHER INFORMATION CONTACT:
Garth Griffin, NMFS, Northwest Region (503) 230-5430; Jim Lecky, NMFS,
Southwest Region, (310) 980-4015; or Marta Nammack, NMFS, Office of
Protected Resources, (301) 713-2322.
SUPPLEMENTARY INFORMATION:
Background
Section 4 of the ESA contains provisions allowing interested
persons to petition the Secretary of the Interior or the Secretary of
Commerce to add a species to or remove a species from the List of
Endangered and Threatened Wildlife and to designate critical habitat.
Section 4(b)(3)(A) of the ESA (16 U.S.C. 1531-1544) requires that, to
the maximum extent practicable, within 90 days after receiving such a
petition, the Secretary make a finding whether the petition presents
substantial scientific or commercial information indicating that the
petitioned action may be warranted.
Petition Received
On October 20, 1993, the Secretary of Commerce received a petition
from The Pacific Rivers Council (PRC) and 22 co-petitioners to list,
either on an emergency basis or through normal listing procedures, coho
salmon throughout its range in Washington, Oregon, Idaho, and
California, and to designate critical habitat under the ESA. The
Assistant Administrator for Fisheries, NOAA (AA), has determined that
there is insufficient evidence demonstrating the existence of an
emergency posing a significant risk to the well-being of the species
and, thus, the request for an emergency rule is denied. The AA makes a
finding that the petition presents substantial scientific information
indicating that a non-emergency listing may be warranted based on the
criteria specified in 50 CFR 424.14(b)(2), and based on evidence
presented in the petition that the petitioned populations may qualify
as ``species'' under the ESA, in accordance with NMFS' ``Policy on
Applying the Definition of Species under the Endangered Species Act to
Pacific Salmon'' (56 FR 58612, November 20, 1991). Under section
4(b)(3)(A) of the ESA, this finding requires that a review of the
status of coho salmon populations in Washington, Oregon, Idaho, and
California be conducted to determine if the petitioned action is
warranted. In keeping with section 4(b)(3)(B) of the ESA, the Secretary
will make his determination on the PRC et al. petition within 12 months
of the date it was received (October 12, 1993). Information received
during this status review will be used in NMFS' ongoing review of coho
salmon populations in California, Oregon, and Washington (58 FR 57770,
October 27, 1993).
Listing Factors and Basis for Determination
Under section 4(a)(1) of the ESA, a species can be determined to be
endangered or threatened for any of the following reasons: (1) Present
or threatened destruction, modification, or curtailment of its habitat
or range; (2) overutilization for commercial, recreational, scientific,
or educational purposes; (3) disease or predation; (4) inadequacy of
existing regulatory mechanisms; or (5) other natural or manmade factors
affecting its continued existence. In addition, under section 4(b)(7)
of the ESA, the Secretary of Commerce may at any time issue an
emergency regulation if there exists a significant risk to the well-
being of the species. In such a case, the Secretary must publish a
Federal Register notice detailing the reasons for an emergency listing.
Listing determinations are made solely on the best scientific and
commercial data available.
Biological Information Solicited
To ensure that the coho salmon status review is complete and is
based on the best available scientific and commercial data, NMFS is
soliciting information and comments concerning: (1) Whether or not the
populations qualify as ``species'' under the ESA in accordance with
NMFS' ``Policy on Applying the Definition of Species Under the
Endangered Species Act to Pacific Salmon'' (56 FR 58612, November 20,
1991); and (2) whether or not the populations are endangered or
threatened based on the above listing criteria. Specifically, NMFS is
soliciting information in the following areas: Influence of historical
and present hatchery fish releases on naturally spawning populations of
coho salmon, separation of hatchery and natural coho salmon escapement,
alteration of coho salmon freshwater and marine habitats, disease
epizootiology of coho salmon, age structure of coho salmon populations,
migration timing and behavior of juvenile and adult coho salmon, and
interactions of coho salmon with other salmonids. This information
should address all coho salmon populations in California, Oregon,
Idaho, and Washington (including Puget Sound). Because a very similar
request for information was published in the Federal Register (58 FR
57770, October 27, 1993) announcing NMFS' decision to conduct a review
of West Coast coho salmon populations, it is not necessary for parties
to submit the same information for this request. Copies of the petition
are available (see ADDRESSES).
Critical Habitat
NMFS is also requesting information on areas that may qualify as
critical habitat for California, Oregon, Idaho, and Washington
populations of coho salmon. Areas that include the physical and
biological features essential to the recovery of the species should be
identified. Areas outside the present range should also be identified
if such areas are essential to the recovery of the species. Essential
features should include, but are not limited to: (1) Space for
individual and population growth, and for normal behavior; (2) food,
water, air, light, minerals, or other nutritional or physiological
requirements; (3) cover or shelter; (4) sites for reproduction and
rearing of offspring; and (5) habitats that are protected from
disturbance or are representative of the historic geographical and
ecological distributions of the species.
For areas potentially qualifying as critical habitat, NMFS is
requesting information describing: (1) The activities that affect the
area or could be affected by the designation, and (2) the economic
costs and benefits of additional requirements of management measures
likely to result from the designation.
The economic cost to be considered in the critical habitat
designation under the ESA is the probable economic impact ``of the
[critical habitat] designation upon proposed or ongoing activities''
(50 CFR 424.19). NMFS must consider the incremental costs specifically
resulting from a critical habitat designation that are above the
economic effects attributable to listing the species. Economic effects
attributable to listing include actions resulting from section 7
consultations under the ESA to avoid jeopardy to the species and from
the taking prohibitions under section 9 of the ESA. Comments concerning
economic impacts should distinguish the costs of listing from the
incremental costs that can be directly attributed to the designation of
specific areas as critical habitat.
Data, information, and comments should include: (1) Supporting
documentation such as maps, bibliographic references, or reprints of
pertinent publications, and (2) the person's name, address, and
association, institution, or business.
Dated: January 18, 1994.
Herbert W. Kaufman,
Deputy Director, Office of Protected Resources.
[FR Doc. 94-1634 Filed 1-25-94; 8:45 am]
BILLING CODE 3510-22-M
