[Federal Register Volume 59, Number 130 (Friday, July 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-16577]
[[Page Unknown]]
[Federal Register: July 8, 1994]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 222
[Docket No. 940685-4185; I.D. 040694C]
RIN 0648-AG74
Endangered and Threatened Species; Proposed Endangered Status for
North and South Umpqua River Cutthroat Trout in Oregon
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 the Umpqua River
cutthroat trout (Oncorhynchus clarki) as endangered under the
Endangered Species Act of 1973 (ESA). NMFS has determined that the
Umpqua River cutthroat trout is a ``species'' as interpreted under the
ESA. The number of adult cutthroat trout counted at Winchester Dam on
the North Umpqua River has declined to extremely low numbers. Habitat
degradation and recreational fishing are believed to be the major
factors contributing to the decline; they continue to represent a
potential threat to the Umpqua River cutthroat trout's existence.
Should the proposed listing be made final, a recovery program would be
implemented.
DATES: Comments must be received by September 6, 1994. Requests for a
public hearing must be received by August 8, 1994.
ADDRESSES: Comments on this proposed rule 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, Environmental and
Technical Services Division, NMFS, Portland, OR (503/230-5430) or Marta
Nammack, Protected Species Management Division, NMFS, 1335 East-West
Highway, Silver Spring, MD 20910 (301/713-2322).
SUPPLEMENTARY INFORMATION:
Background
On April 1, 1993, the Secretary of Commerce received a petition
from the Oregon Natural Resources Council, Umpqua Valley Audubon
Society, and the Wilderness Society to list North and South Umpqua
River sea-run cutthroat trout (Oncorhynchus clarki clarki) as
threatened or endangered and to designate critical habitat under the
ESA. On July 19, 1993, NMFS published (58 FR 38554) its intent to
conduct a status review of North and South Umpqua River sea-run
cutthroat trout. To ensure a comprehensive review, NMFS solicited
information and data regarding the present and historic status of North
and South Umpqua River sea-run cutthroat trout and whether this stock
qualifies as a ``species'' under the ESA. NMFS also requested
information on areas that may qualify as critical habitat for North and
South Umpqua River sea-run cutthroat trout.
On August 19, 1993, NMFS received a petition from the Oregon
Natural Resources Council and the Steamboaters for an emergency listing
of North and South Umpqua River sea-run cutthroat trout. On December
17, 1993, NMFS published a notice of finding (58 FR 65961) that an
emergency listing was not warranted at that time.
Status Review for Umpqua River Sea-run Cutthroat Trout
The NMFS Northwest Region Biological Review Team has prepared a
``Status Review for Umpqua River Sea-run Cutthroat Trout'' (Johnson et
al. 1994), providing detailed information, discussion and references.
This status review is available upon request (see ADDRESSES), and is
summarized below.
Biological Background
The Umpqua River watershed covers approximately 4,560 square miles
(11,810 km2) in southwestern Oregon, and enters the Pacific Ocean
60 miles (97 km) north of Cape Blanco. The river is approximately 210
miles (338 km) long and, above river mile 112, consists of two
principal forks: The North Umpqua and the South Umpqua rivers.
In general, cutthroat trout are considered to be either migratory
and anadromous, or non-migratory and resident. In some large river
systems, however, cutthroat trout may make extensive in-river
migrations but never enter the ocean. There is some evidence that this
``potamodromous'' life history form occurs in the Umpqua River.
Potamodromous forms migrate to mainstem rivers or lakes, but otherwise
their life history characteristics are similar to the anadromous form.
Resident forms of cutthroat trout inhabit headwater areas throughout
their lives, and seldom live beyond the age of 4 or 5 years.
Throughout their range, anadromous cutthroat trout usually spawn in
small tributary streams. In Oregon, anadromous cutthroat trout re-enter
fresh water between July and March; few, if any, overwinter in salt
water. Spawning generally occurs during late winter and spring, but
timing varies by geographic location. Anadromous adults may survive
spawning and reproduce in one or more subsequent years.
Anadromous cutthroat trout first migrate to the ocean as smolts
between the ages of 2 and 4 years. In Oregon, the downstream migration
of smolts occurs between March and June. Because they spend a variable
amount of time in the ocean, the growth rate of these fish varies.
Adult cutthroat trout (presumed to be anadromous) passing
Winchester Dam (river mile 118 on the North Umpqua River) have been
monitored since 1946. During this monitoring period, a maximum annual
count of 2,364 (1966-67) and a minimum annual count of zero (1992-93)
adult cutthroat trout have been recorded. The numbers of anadromous
cutthroat trout returning to the South Umpqua River is unknown.
Consideration as a ``Species'' Under the ESA
To qualify for listing as a threatened or endangered species,
Umpqua River sea-run cutthroat trout 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 document (56 FR 58612, November 20,
1991) describing how the agency will apply the ESA definition of
``species'' to anadromous salmonid species, including sea-run cutthroat
trout and steelhead. This policy provides that a salmonid population
will be considered distinct, and hence a species under the ESA, if it
represents an evolutionarily significant unit (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 accrue 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. Further 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).
For the first criterion, NMFS considered available information
regarding geographic and physical factors that may isolate Umpqua River
sea-run cutthroat trout from other conspecific populations of cutthroat
trout. The scarcity of available information about the different life
history forms of cutthroat trout in the Umpqua River makes it difficult
to assess accurately the reproductive isolation of the sea-run
cutthroat trout within the Umpqua River basin. In general, the
potamodromous life history form provides a possible link between
anadromous and resident fish and may retard divergence of these two
life history forms. Sea-run cutthroat trout generally do not overwinter
at sea and may, after spawning, spend an entire year in fresh water
prior to returning to the ocean. Incidence of repeat spawning in
cutthroat trout is higher than in steelhead, and this distinctive life
history trait may reflect a greater affinity with resident life history
forms. These traits suggest that opportunities for reproductive
isolation between life history forms are not as great as with other
Oncorhynchus species (e.g., O. mykiss and O. nerka). According to NMFS
policy on application of the ESA species definition, anadromous and
nonanadromous life history forms can be considered separately under the
ESA if they are reproductively isolated, but they should be considered
together if they are not. Because there is no clear basis for
considering sea-run cutthroat trout in the Umpqua River as a separate
entity from resident and potamodromous fish, NMFS has determined that,
at least until more information is available, all life history forms of
O. clarki in the Umpqua River should be considered part of the same
ESU.
Unlike most other coastal rivers, the Umpqua River drainage
originates in the Cascade Mountains and passes through the Coast Range.
Anadromous cutthroat trout in the Umpqua River are believed to spawn
farther from the ocean (125 miles (201 km or more) than most other sea-
run cutthroat trout populations. The homing ability of sea-run
cutthroat trout is generally considered to be highly precise and there
is reason to suspect that populations in different drainages could
become reproductively isolated. In addition, warm water temperatures in
the lower mainstem of the Umpqua River may also act as an isolating
mechanism. Although a scarcity of direct evidence (e.g., genetic
information) highlights the scientific uncertainty regarding the degree
of reproductive isolation of Umpqua River cutthroat trout, available
circumstantial evidence suggests that all life history forms (i.e.,
anadromous, resident, and potamodromous) of cutthroat trout within the
Umpqua River basin are substantially reproductively isolated from
populations in adjacent basins.
Regarding the second ESU criterion, evolutionary significance, the
lengthy migration of the anadromous form of Umpqua River cutthroat
trout, possible adaptations for dealing with warm water temperatures,
and distinctive hydrographic features of the Umpqua River drainage all
suggest that there is an ESU at the Umpqua River level. The effects of
the extensive releases of Alsea River Hatchery fish between 1961 and
1976 were also considered. During the period when the Umpqua River was
stocked with Alsea River hatchery fish, counts of adult cutthroat trout
(presumably sea-run fish) at Winchester Dam increased dramatically.
This trend was not sustained after stocking was discontinued, and
counts have declined to precariously low levels. This may be evidence
of the inability of Alsea River cutthroat trout to sustain a population
in the Umpqua River. Further, during the stocking program, the sea-run
cutthroat trout passing over Winchester Dam exhibited a later run
timing than the indigenous population. After stocking was discontinued,
this later run timing shifted back toward the original run timing.
Although there are no data that directly address the effects of Alsea
River fish on Umpqua River native fish (e.g., genetic information),
available evidence suggests that the current population of cutthroat
trout represented by the dam counts is a remnant of the indigenous
cutthroat trout and may be genetically distinct from Alsea River
hatchery fish.
Status of Umpqua River Cutthroat Trout
The precarious status of the remaining sea-run cutthroat trout in
the Umpqua River is not in question. However, the existence of
potamodromous fish is still largely speculative. Resident cutthroat
trout numbers are not known, but there are a few lakes within the
Umpqua River Basin believed to contain cutthroat trout. Although there
is no direct information (e.g., abundance estimates) on the current
status of the species, it is likely that there have been significant
reductions in the numbers of resident and potamodromous fish due to
widespread habitat degradation in the Umpqua River Basin.
A key factor influencing NMFS' determination of the status of the
Umpqua River cutthroat trout concerns the evolutionary significance of
the anadromous life history form to O. clarki as a whole. On the issue
of anadromy/nonanadromy, Waples (1991) states:
If substantial gene flow occurs or has recently occurred between
the two forms, they represent polymorphisms within a single
population and should be considered as a unit for purposes of the
Act. In determining whether such a population unit is an ESU, the
anadromous and non-anadromous traits should be considered in the
same manner as other population characteristics. . . . The important
questions are whether the traits have a genetic basis and whether
they help to make the population unit ``distinct'' from other
populations. For example, an anadromous/nonanadromous unit might be
considered an ESU if other ecologically comparable populations of
the species harbored only the nonanadromous form. In this case, if
the population unit is considered to be an ESU solely or primarily
on the basis of the anadromous trait, then the potential loss of
anadromy should be a legitimate ESA concern. A key question would be
whether the nonanadromous form was likely to give rise to the
anadromous form after the latter had gone locally extinct.
Therefore, an anadromous/nonanadromous population unit could be
listed based on a threat to one of the life-history traits, if the
trait were genetically based and loss of the trait would compromise
the ``distinctness'' of the population. (p. 16)
Thus, even if the resident form were determined to be healthy, the risk
of losing the anadromous form would still be an ESA concern if the
trait has a genetic basis and it contributes substantially to the
species' ecological and genetic diversity. Although there are no data
that directly address the genetic relationship between the different
life history forms of Umpqua River cutthroat trout, circumstantial
evidence regarding population abundance and run-timing suggests that a
component of the native run persists, and the possibility of losing
this life history form must be considered in determining whether to
list the entire population.
NMFS concludes that the best available information indicates that
this stock meets both of the criteria necessary to be considered an
ESU. Therefore, NMFS determines that the Umpqua River cutthroat trout
is a ``species'' under the ESA.
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 NMFS
listing regulations (50 CFR Part 424) set forth procedures for listing
species. The Secretary of Commerce 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
Habitat degradation and impacts associated with logging and related
land management activities in particular have likely contributed to the
Umpqua River cutthroat trout population's decline. Removal of forest
canopy can cause an increase in both the maximum and the diurnal
fluctuation of water temperatures, leading to disease outbreaks,
altered timing of migration, and accelerated maturation. The removal of
streamside vegetation can deplete the bank area of potential new woody
debris that provides cover for cutthroat trout. Siltation is another
result of some logging practices; it is known to hinder fry emergence
from the gravel and may limit production of benthic invertebrates.
Dissolved oxygen content of both surface and intragravel water can
decrease as a result of logging operations. Logging can also cause
changes in stream flow regimes, resulting in potentially adverse water
velocity and depth characteristics.
B. Overutilization for Commercial, Recreational, Scientific, or
Education Purposes
Cutthroat trout are not harvested commercially, and scientific and
educational programs have probably had little or no impact on Umpqua
River cutthroat trout populations. However, the cutthroat trout is a
popular gamefish throughout the Pacific Northwest and available
information indicates that recreational fishing has likely contributed
to the general decline in Umpqua River cutthroat trout populations.
Also, poaching may pose a major threat to depressed populations of
salmonids in the Umpqua River.
C. Disease or Predation
Disease is not believed to be a factor contributing to the decline
of cutthroat trout populations in the Umpqua River. Several non-native
fish species introduced to the Umpqua River are known to prey on or
compete with salmonids; however, there is no specific information
regarding predation impacts by these or native fishes on Umpqua River
cutthroat trout.
D. Inadequacy of Existing Regulatory Mechanisms
Because recreational fishing is believed to have been a factor
contributing to the general decline in cutthroat trout populations in
the Umpqua River basin, Oregon sportfishing regulations now require
anglers to release naturally produced cutthroat trout (i.e. fish
without clipped adipose fins) that are greater than 12 inches in
length. However, anglers are still allowed to catch and keep up to five
fish per day between 8-12 inches in length in the Umpqua River and
estuary. Therefore, existing harvest regulations may not be adequate to
protect a substantial portion of the Umpqua River's juvenile and adult
cutthroat trout population from overutilization by recreational
anglers.
The significant decline in numbers of cutthroat trout passing
Winchester Dam suggests that management plans and practices followed by
the U.S. Forest Service (FS), Bureau of Land Management (BLM), and
Oregon Department of Fish and Wildlife have not provided adequate
protection for this species. Although the State of Oregon listed the
Umpqua River sea-run cutthroat trout as a sensitive species in 1990,
the designation has not reversed the decline of this species.
Furthermore, the designation has not protected the species from adverse
effects resulting from Federal actions.
A Federal interagency cooperative program, the Record of Decision
for Amendments to FS and BLM Planning Documents Within the Range of the
Spotted Owl (the Forest Plan, April 1994), has recently been
implemented to provide a coordinated management direction for the lands
administered by the FS and the BLM. Region-wide management direction
will amend existing management plans, including Forest Plans, Regional
Guides, Timber Sales Plans, and Resource Management Plans for lands
within the range of the northern spotted owl (including the Umpqua
River Basin). As part of the Forest Plan, implementation of the Aquatic
Conservation Strategy (ACS) should help reverse the trend of aquatic
ecosystem degradation and contribute toward recovery of fish habitat.
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. Although the
restoration measures should benefit the species in the future, they
have just been implemented, and the effectiveness of these measures is
not known and cannot be assessed with certainty until future runs
return.
NMFS is aware of timber sales that were awarded prior to
implementation of the Forest Plan. Although the Forest Plan does not
address previous actions, the FS and BLM have screened previously sold
or awarded timber sales in the Umpqua River Basin to avoid potential
direct, indirect, or cumulative adverse impacts to salmonids. During
the screening process, several concerns regarding individual sales were
identified. Although the direct adverse effects of these individual
timber sales were addressed and mitigated, there may be remaining
cumulative effects concerns (i.e., amount of canopy removal).
E. Other Natural or Manmade Factors Affecting Its Continued
Existence
The Alsea River Hatchery fish stocking program (1960-75) may have
been a factor in the decline of Umpqua River cutthroat trout, although
there is considerable uncertainty regarding the ability of these
hatchery fish to sustain a population in the river. The stocked fish
may have affected the native fish through behavioral and genetic
interactions, competition, predation, and the spread of disease.
However, circumstantial evidence regarding population abundance and run
timing suggests that a component of the native run persists.
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.
Regarding the Umpqua River cutthroat trout ESU determination and
associated threatened or endangered classification, the NMFS status
review identified three issues that cannot currently be resolved
strictly on the basis of available scientific evidence: (1) The
geographic extent of the ESU; (2) the effects of the Alsea River
hatchery fish; and, (3) the status (threatened or endangered) of the
ESU. Although there is uncertainty regarding assumptions about the
above issues, the precarious status of the remaining sea-run fish
suggests that the anadromous component of the Umpqua River cutthroat
trout population (which may have a genetic basis) is in danger of
extinction. Any evaluation of a proposal to list Umpqua River cutthroat
trout must include full consideration of the potential consequences of
the loss of the anadromous life history form.
Based on its assessment of the best scientific and commercial
information available, NMFS determines that the Umpqua River cutthroat
trout (i.e., all life forms) is a ``species'' under the ESA. The
collective evidence suggests that an important component of the ESU is
in danger of extinction throughout a significant portion of its range.
Therefore, NMFS proposes to list all life forms of Umpqua River
cutthroat trout as endangered. With the proposal to list Umpqua River
cutthroat trout, NMFS is assuming that: (1) All life history forms of
cutthroat trout in the Umpqua Basin constitute one ESU, (2) the ESU
represents the evolutionary legacy of the historical cutthroat trout
population, and (3) either all life history forms of cutthroat trout in
the Umpqua Basin have experienced extensive declines in abundance such
that they are presently threatened with extinction, or the depressed
sea-run component of the population is a substantial and important
component of the ESU, and its loss would compromise the distinctness
and viability of the inclusive ESU. NMFS will reconsider this proposed
listing determination if it obtains relevant information regarding the
extent of the ESU that contains Umpqua River cutthroat trout, the
effects of previous stocking of Alsea River hatchery fish on current
populations, or the relationship between anadromous, potamodromous, and
resident life-history forms in the Umpqua River.
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 Umpqua River cutthroat trout, it has not completed
the analysis necessary for designating critical habitat. NMFS has
determined that a critical habitat designation will require a more
detailed assessment of the relationship between the various cutthroat
trout life forms. Therefore, to avoid 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). 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 NEPA (48 FR 4413, February 6,
1984).
As noted in the Conference report on the 1982 amendments to the
ESA, economic considerations have no relevance to determinations
regarding the status of the species. Therefore, the economic analysis
requirements of the Regulatory Flexibility Act are not applicable to
the listing process.
Similarly, this proposed rule is exempt from review under E.O.
12866.
References
Johnson et al. 1994. Status review for Umpqua River sea-run
cutthroat trout. U.S. Dep. Commer., NOAA Tech. Memo. NMFS F/NWC-xxx,
112 p.
Waples, R.S. 1991. Pacific salmon, Oncorhynchus spp., and the
definition of ``species'' under the Endangered Species Act. Mar.
Fish. Rev. 53(3):11-22.
List of Subjects in 50 CFR Part 222
Administrative practice and procedure, Endangered and threatened
species, Exports, Imports, Reporting and recordkeeping requirements,
Transportation.
Dated: July 1, 1994.
Charles Karnella,
Acting Program Management Officer, National Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 222 is
proposed to be amended as follows:
PART 222--ENDANGERED FISH OR WILDLIFE
1. The authority citation of part 222 continues to read as follows:
Authority: 16 U.S.C. 1531-1543.
Sec. 222.23 [Amended]
2. In Sec. 222.23, paragraph (a), the second sentence, is amended
by adding the phrase ``Umpqua River cutthroat trout (Oncorhynchus
clarki);'' immediately after the phrase ``Sacramento River winter-run
chinook salmon (Oncorhynchus tshawytscha);''.
[FR Doc. 94-16577 Filed 7-5-94; 2:47 pm]
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