[Federal Register Volume 60, Number 52 (Friday, March 17, 1995)]
[Proposed Rules]
[Pages 14410-14412]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6611]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 222
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
Endangered and Threatened Wildlife and Plants; 12 Month Finding
for a Petition to List the Anadromous Atlantic Salmon (Salmo Salar)
Populations in the United States as Endangered or Threatened
AGENCIES: National Marine Fisheries Service, National Oceanic and
Atmospheric Administration, Commerce; and Fish and Wildlife Service,
Interior.
ACTION: Notice of petition finding.
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SUMMARY: The National Marine Fisheries Service (NMFS) and the U.S. Fish
and Wildlife Service (FWS), collectively the Services, announce a 12-
month finding on a petition to list the Atlantic salmon (Salmo salar)
throughout its range in the United States as an endangered species
pursuant to the Endangered Species Act of 1973 (Act). A Biological
Review Team (Team), comprising staff from both NMFS and FWS, have
compiled and analyzed available data, and prepared a ``Status Review
for Anadromous Atlantic Salmon in the United States.'' The Services
have determined that available biological evidence indicates that the
species described in the petition does not meet the definition of
``species'' under the Endangered Species Act. Consequently, the
Services conclude that the petitioned action to list Atlantic salmon
throughout its historic United States range is not warranted.
DATES: The finding made in this document was made on March 10, 1995.
ADDRESSES: Comments or questions concerning this petition finding
should be sent to the Chief, Division of Endangered Species, FWS, 300
Westgate Center Drive, Hadley, Massachusetts 01035, or the Chief,
Habitat and Protected Resources Division, NMFS, 1 Blackburn Drive,
Gloucester, Massachusetts 01930. The petition finding and supporting
data are available for public inspection by appointment during normal
business hours at the above addresses and at FWS, 1033 South Main
Street, Old Town, Maine 04468 (207-827-5938).
FOR FURTHER INFORMATION CONTACT: Paul Nickerson, Chief, Division of
Endangered Species, at the Hadley, Massachusetts address (413-253-8615)
or Mary Colligan, Marine Habitat Specialist, at the Gloucester,
Massachusetts address (508-281-9116).
SUPPLEMENTARY INFORMATION:
Background
Section 4(b)(3)(B) of the Act requires that for any petition to
revise the List of Endangered and Threatened Wildlife and Plants that
contains substantial scientific and commercial information indicating
that the petitioned action may be warranted, the FWS or the NMFS, as
appropriate, must undertake a review of the species in question and
make a finding within 12 months of the receipt of the petition on
whether the petitioned action is (a) not warranted, (b) warranted, or
(c) warranted but precluded from immediate proposal by other pending
proposals of higher priority. Section 4(b)(3)(C) requires that
petitions for which the requested action is found to be ``warranted but
precluded'' should be treated as though resubmitted on the date of such
finding, i.e., requiring a subsequent finding to be made within 12
months.
In October and November, 1993, the Services received a petition
from RESTORE: the North Woods, Biodiversity Legal Foundation and
Jeffrey Elliot to list naturally spawning anadromous Atlantic salmon
(Salmo salar) throughout its known historic range in the conterminous
United States, and to designate critical habitat. The petitioners
presented current and historical information on Atlantic salmon
populations, identified possible threats including commercial and sport
fishing, pollution, barriers, land use practices, genetic disruption
and others, and cited numerous scientific articles to support the
petition.
The Services published a notice of finding on January 20, 1994 (59
FR 3067-3068), stating that the petition presented substantial
information indicating that the requested action may be warranted. The
Services also announced their intention to conduct a status review and
solicited information from interested parties. To formalize the
cooperative approach between NMFS and FWS in response to this petition,
a Memorandum of Agreement was signed on March 14, 1994, by the regional
directors of the respective agencies. A Biological Review Team (Team),
comprising staff from the Services, has compiled and analyzed available
data. The Team prepared a report entitled ``Status Review for
Anadromous Atlantic Salmon in the United States, January 1995'' which
provides detailed information, discussion and references. This report
is summarized below and is available upon request (see ADDRESSES).
Life History
Anadromous Atlantic salmon have a relatively complex life history
that extends from spawning and juvenile rearing in freshwater rivers to
extensive feeding migration in the high seas. As a result, Atlantic
salmon have several distinct phases in their life history that are
identified by specific behavioral and physiological changes. Adult
Atlantic salmon ascend the rivers of New England beginning in spring, a
migration that peaks in June and continues into fall. Spawning occurs
in late October through November. Good spawning habitat has a gravel
substrate and adequate water circulation to keep eggs well oxygenated.
Female anadromous Atlantic salmon produce between 1,500 and 1,800 eggs
per kilogram (2.2 pounds) of body weight; on average each female Maine
Atlantic salmon produces 7,200 eggs. Eggs hatch in late March or April
and the resulting [[Page 14411]] alevin remain in the redd for about 6
weeks and are nourished by their yolk sac. When alevin emerge from the
gravel about mid-May and begin feeding, they are referred to as fry.
Fry become parr as vertical bars become visible on the sides of their
bodies. In spring, when the parr are 2 or 3 years of age and 12.5
centimeters (cm) to 15 cm (5 to 6 inches (in.)) long, they undergo
smoltification, a process where morphological and physiological changes
prepare the smolt for the transition from fresh to salt water. Most
smolts in New England migrate to sea in May and begin their ocean
feeding migration.
The marine life history of Atlantic salmon of U.S. origin is not as
well understood as the freshwater phase. Scientists have discovered
correlations between natural mortality in the marine environment and
abiotic factors, particularly sea surface temperature. Atlantic salmon
of U.S. origin are highly migratory, undertaking long marine migrations
from the mouth of U.S. rivers to the northwest Atlantic Ocean where
they are distributed seasonally over much of the region. Upon entry
into the nearshore waters of Canada, the U.S. post-smolts become part
of a mixture of stocks of Atlantic salmon from various North American
streams. Data from commercial harvest indicate that post-smolts
overwinter in the southern Labrador Sea and in the Bay of Fundy. Direct
sampling during the winter months is needed to better understand post-
smolt Atlantic salmon distribution in the North Atlantic. Most Atlantic
salmon of U.S. origin spend two winters in the ocean before returning
to fresh water for spawning. Those that return after only 1 year at sea
are called grilse.
Consideration as a ``Species'' Under the Act
The Act defines species as ``any species of fish or wildlife or
plants, and any distinct population segment of any species of
vertebrate fish or wildlife that interbreeds when mature.'' This
definition allows for the recognition of distinct population segments
(DPSs) at levels below taxonomically recognized species or subspecies.
Guidance on defining a DPS of a species under the Act has been provided
by NMFS' ``Policy on Applying the Definition of Species under the
Endangered Species Act to Pacific Salmon'' (56 FR 58612, November 20,
1991). This Policy states that a Pacific salmon population will be
considered distinct, and therefore a species under the Act, if it
represents an evolutionarily significant unit (ESU) of the biological
species. Because the structure of Atlantic salmon populations is
similar to that of Pacific salmonids, the ESU approach currently used
for the Pacific salmonids provides a practical framework for
delineating DPSs of Atlantic salmon under the Act. Accordingly, the
Team used the ESU approach to define DPSs of Atlantic salmon. To
qualify as a DPS, a population (or group of populations) of indigenous
Atlantic salmon must be reproductively isolated from conspecific
populations and must be evolutionarily significant (i.e. contribute
substantially to the ecological/genetic diversity of the species).
Available scientific information indicates that naturally
reproducing populations of Atlantic salmon in U.S. rivers are
substantially reproductively isolated from those in Canada. Within the
United States, Atlantic salmon populations have shown some evidence of
straying but recolonization from adjacent watersheds is minimal. Gene
flow between wild populations or stock transfers were determined not to
have been sufficient to have eliminated all historic differences. As a
group, these seven populations meet the criterion of reproductive
isolation.
The second criterion used was evolutionary significance, or the
substantial ecological and genetic importance of a population(s) to the
species as a whole. In salmonids, adaptations to local ecosystems are
important to the survival of populations and the survival of the
species throughout its range. Examination of U.S. populations of
Atlantic salmon provides evidence of their distinctness from stocks in
Canada and northern Europe.
The Team categorized U.S. Atlantic salmon populations into three
groupings: Extirpated, DPS and candidate species. A critical factor in
determining the status of these populations was the historic
persistence of a substantial component of natural reproduction. While
it is unlikely that U.S. Atlantic salmon populations exist in a
genetically pure native form, their continued presence in indigenous
habitat suggests that important local adaptations still exist. The
documented absence of wild Atlantic salmon from natal habitat for at
least two generations (12 years) suggests the total loss of a native
population under even the most conservative approach. Atlantic salmon
populations in rivers south of the Kennebec River, Maine, were
extirpated by the mid-1800's.
The Team determined that the Atlantic salmon populations in the
Sheepscot, Ducktrap, Narraguagus, Pleasant, Machias, East Machias and
Dennys Rivers are reproductively isolated and, as a group, are of
evolutionary significance. Therefore, the group meets the criteria for
consideration as a ``species'' under the Act. The persistence of
Atlantic salmon runs, and their link to native populations in the
Kennebec River, Penobscot River, Tunk Stream, and St. Croix River are
not well understood. Further study is warranted to determine whether
Atlantic salmon in these rivers meet the criteria for consideration as
``species'' under the Act.
Distribution and Abundance
The original range of Atlantic salmon in the United States was from
the Housatonic River in Connecticut north to U.S. tributaries of the
St. Johns River in New Brunswick, Canada. The historic Atlantic salmon
run in the United States has been estimated to have approached 500,000
fish.
The species began to disappear from U.S. rivers 150 years ago and
currently only remnant populations occur in a limited number of rivers
in Maine. Construction of hundreds of dams blocked salmon migration and
reduced spawning habitat to a fraction of that available historically.
Water pollution and overexploitation further reduced the abundance of
Atlantic salmon. Indigenous Atlantic salmon in rivers south of the
Kennebec River were extirpated by the mid-1800's. In addition, some
populations north of the Kennebec River were also extirpated; most of
these were in small rivers with less than 1 hectare (2.5 acres) of
available nursery habitat. Beginning in the mid-1800's and continuing
to the present time, numerous restoration efforts were undertaken. The
Connecticut and Merrimack Rivers provided nearly 40 percent of historic
U.S. Atlantic salmon habitat. These rivers are currently the focus of
restoration efforts using nonindigenous stocks, and extensive efforts
are being undertaken to gain access to historic habitat.
The North American Salmon Working Group's NASWG method for
estimating the escapement goal for adequate egg deposition for each
river was used. Thus, an escapement goal was determined for each river
and the return calculated as a percentage of the escapement goal.
Throughout the past 24 years, the Dennys and Narraguagus Rivers have
had the best returns relative to available habitat, averaging 20
percent of escapement goal. The Pleasant, Sheepscot, and Machias Rivers
have had returns that averaged between 10 and 12 percent of the
escapement goal. However, recent downward trends in abundance have put
most rivers at less than 10 percent of their respective
[[Page 14412]] escapement goals. Only the Narraguagus River has
exceeded 10 percent in the past 7 years.
Determination
Section 4(b)(1)(a) of the Act requires that determinations of
whether any species is threatened or endangered be based solely on the
best scientific and commercial information available after conducting a
status review of the species. The Services have evaluated the status of
U.S. Atlantic salmon and determined that available biological evidence
indicates that listing the Atlantic salmon as endangered throughout its
historic range in the contiguous United States is not warranted.
However, the Services have determined that sufficient information is
available to support appropriate listing actions for the DPS that
consists of populations in the Sheepscot, Ducktrap, Narraguagus,
Pleasant, Machias, East Machias and Dennys Rivers. This DPS is
designated as a Category 1 candidate by FWS, and a candidate species by
NMFS. In addition, the Services have found that the status of salmon in
the Kennebec River, Tunk Stream, Penobscot River and the St. Croix
River is uncertain and warrants further study. Therefore, the Atlantic
salmon in these rivers are to be designated category 2 candidates by
FWS and candidate species by NMFS. Work on a proposed rule to initiate
the appropriate listing actions under the Act is underway and the
proposed rule will be published promptly.
Author: The primary author of this document is Susan Lawrence of
FWS (see ADDRESSES). Editorial comments were provided by Michael
Amaral, FWS, 22 Bridge Street, Concord, New Hampshire 03301, and
Joseph McKeon, FWS, Federal Building, Room 124, Laconia, New
Hampshire 03246.
Authority: The authority citation for this action is the
Endangered Species Act (16 U.S.C. 1531 et seq.).
Dated: March 10, 1995.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, NMFS.
Dated: March 10, 1995.
Mollie H. Beattie,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 95-6611 Filed 3-16-95; 8:45 am]
BILLING CODE 4310-55-P
