[Federal Register Volume 60, Number 110 (Thursday, June 8, 1995)]
[Proposed Rules]
[Pages 30263-30264]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13965]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 227
[I.D. 042795A]
Listing Endangered and Threatened Species and Designating
Critical Habitat: Petition To List Chinook Salmon Throughout its Range
in California, Oregon, Washington, and Idaho
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of petition finding; request for information.
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SUMMARY: NMFS has received a petition to list chinook salmon
(Oncorhynchus tshawytscha) throughout its range in California, Oregon,
Washington, and Idaho, and to designate critical habitat under the
Endangered Species Act of 1973 (ESA). The petition presents substantial
scientific information indicating that the request for 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 West Coast chinook
salmon populations.
DATES: Comments and information must be received by August 7, 1995.
ADDRESSES: Requests for copies of the petition and comments regarding
the species populations in Washington, Oregon, and Idaho should be
submitted to Dr. Jacqueline Wyland, Chief, Environmental and Technical
Services Division, NMFS, 525 NE Oregon Street, Suite 500, Portland, OR
97232. Comments regarding species populations in California should be
submitted to James H. Lecky, Chief, Protected Species Management
Division, NMFS, Southwest Region, 501 W. Ocean Blvd., Suite 4200, Long
Beach, CA 90802-4213.
FOR FURTHER INFORMATION CONTACT: Garth Griffin, 503-231-2005; Craig
Wingert, 310-980-4021; or Marta Nammack, 301-713-1401.
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 (Secretary) 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 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 February 1, 1995, the Secretary received a petition from the
Oregon Natural Resources Council (ONRC) and Richard K. Nawa to list
chinook salmon throughout its range in California, Oregon, Washington,
and Idaho, and to designate critical habitat under the ESA. The
Assistant Administrator for Fisheries, NOAA (AA), makes a finding that
the petition presents substantial scientific information indicating
that a 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 chinook salmon populations in
California, Oregon, [[Page 30264]] Washington, and Idaho be conducted
to determine if the petitioned action is warranted. Information
received during this status review will be used in NMFS' ongoing review
of West Coast chinook salmon populations (59 FR 46808, September 12,
1994).
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 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.
Information Solicited
To ensure that the chinook 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 (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 chinook salmon, separation of
hatchery and natural chinook salmon escapement, alteration of chinook
salmon freshwater and marine habitats, disease epizootiology of chinook
salmon, age structure of chinook salmon populations, migration timing
and behavior of juvenile and adult chinook salmon, and interactions of
chinook salmon with other salmonids. This information should address
all chinook salmon populations in California, Oregon, Washington, and
Idaho. NMFS is also soliciting information regarding factors which have
contributed to the decline of west coast chinook salmon populations,
and any efforts being made to protect this species. In conducting this
status review, NMFS will consider information received in response to a
very similar request for information published in the Federal Register
(59 FR 46808, September 12, 1994) in conjunction with NMFS' decision to
conduct a review of West Coast chinook salmon populations.
Consequently, 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, Washington, and Idaho
populations of chinook 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: June 2, 1995.
William W. Fox, Jr.,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 95-13965 Filed 6-7-95; 8:45 am]
BILLING CODE 3510-22-F
