[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
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[GRAPHIC][TIFF OMITTED]TP16MR95.002
BILLING CODE 3510-22-C
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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]
BILLING CODE 3510-22-P
