[Federal Register Volume 59, Number 159 (Thursday, August 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20322]
[[Page Unknown]]
[Federal Register: August 18, 1994]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 222 and 227
[Docket No. 940822-4222 I.D. 072594B]
Endangered and Threatened Species; Status of Snake River Spring/
Summer Chinook Salmon and Snake River Fall Chinook Salmon
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Emergency interim rule.
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SUMMARY: NMFS is taking emergency action to reclassify Snake River
spring/summer and fall chinook salmon (Oncorhynchus tshawytscha) as
endangered, a change from the current threatened status, under the
Endangered Species Act of 1973 (ESA). NMFS has determined that the
status of Snake River spring/summer chinook salmon and the status of
Snake River fall chinook salmon warrant reclassification to endangered,
based on a projected decline in adult Snake River chinook salmon
abundance.
EFFECTIVE DATE: This rule is effective from August 18, 1994 to May 26,
1995.
FOR FURTHER INFORMATION CONTACT: Garth Griffin, Environmental and
Technical Services Division, NMFS, Portland, OR (503/230-5430) or
Laurie Sullivan, Protected Species Management Division, NMFS, 1335
East-West Highway, Silver Spring, MD 20910 (301/713-2322).
SUPPLEMENTARY INFORMATION:
Background
On June 7, 1990, NMFS received petitions from Oregon Trout, and co-
petitioners Oregon Natural Resources Council, Northwest Environmental
Defense Center, American Rivers, and Idaho and Oregon chapters of
American Fisheries Society to determine whether Snake River spring
chinook salmon, Snake River summer chinook salmon, and Snake River fall
chinook salmon should be listed as threatened or endangered under the
ESA. NMFS published a notice on September 11, 1990, (55 FR 37342)
announcing that the petitions presented substantial scientific
information indicating that the listings may be warranted and
requesting information from the public. During the subsequent status
reviews, NMFS reviewed all available scientific information pertaining
to the status of Snake River spring chinook salmon, Snake River summer
chinook salmon, and Snake River fall chinook salmon. The NMFS Northwest
Region Biological Review Team (BRT) prepared status review reports for
Snake River spring and summer chinook salmon (Matthews and Waples 1991)
and Snake River fall chinook salmon (Waples et al. 1991) providing
detailed information, discussion, and references relevant to the level
of risk faced by the species, including historical and current
abundance, population trends, distribution of fish in space and time,
and other information indicative of the health of the population.
NMFS proposed listing Snake River spring/summer chinook salmon (56
FR 29542) and Snake River fall chinook salmon (56 FR 29547) as
threatened on June 27, 1991. The final rule listing Snake River spring/
summer chinook salmon and Snake River fall chinook salmon as threatened
was published on April 22, 1992 (57 FR 14653). The decision to list was
based in part on a determination that the population constituted an
evolutionarily significant unit (ESU) pursuant to NMFS's policy
published on November 20, 1991 (56 FR 58612). Critical habitat was
designated for Snake River spring/summer chinook salmon and Snake River
fall chinook salmon on December 28, 1993 (58 FR 68543).
Under the ESA and its implementing regulations (50 CFR part 424),
an ``endangered species'' is any species that is in danger of
extinction throughout all or a significant portion of its range. A
``threatened species'' is any species that is likely to become an
endangered species within the foreseeable future throughout all or a
significant portion of its range.
Current Status
Spring/Summer Chinook Salmon
Since listing of Snake River spring/summer chinook salmon in 1992,
redd counts in index areas for 1992 and 1993 have continued to maintain
the low levels observed during the 1980s. Data from 1994 indicate that
the situation is much worse than in recent years, thus posing an
imminent threat of extinction throughout all or a significant portion
of its range. The pre-season estimate for returning upriver spring/
summer chinook adults was 49,000, the third lowest on record since
1938. However, the final total 1994 adult spring chinook salmon count
at Bonneville Dam was 20,132 (Fish Passage Center 1994), about 43
percent of the previous record low return. The expected 1994 escapement
of the combined run of Snake River spring and summer chinook salmon to
Lower Granite Dam will likely result in the production of 250 to 500
redds in the index areas, which is only 14 to 28 percent of the recent
ten-year average (NMFS and USFWS 1994).
The return of spring chinook salmon in 1995 is likely to be even
lower than in 1994. The total 1994 spring chinook salmon jack count at
Bonneville Dam was 397 fish (Fish Passage Center 1994), less than 30
percent of the record low in 1993 and 10 percent of the recent 10 year
average (NMFS and USFWS 1994).
While it is impossible to make specific projections for returns of
spring chinook salmon over the next three to five years, it is possible
to comment in general terms on the prospects for decreasing run sizes.
Because of the weak 1990 brood and the apparent failure of the 1991
brood, the prospects for improved returns depend on the relatively
abundant 1992 and 1993 broods. Outmigration conditions in 1994 for the
1992 brood were poor. Therefore, there is reason to believe that
returns will not substantially increase until the 1993 brood
contributes to the returns in 1997 and 1998. After 1998, returns will
again be influenced by the low adult returns expected in 1994 and 1995.
NMFS is concerned that the expected dramatic decline in spring chinook
salmon abundance may indicate that summer chinook salmon abundance will
also be lower than in recent years.
In small populations, random processes can lead to two major types
of risk: Demographic and genetic. Demographic risk is the risk of
extinction due to environmental fluctuations, random events affecting
individuals in the population, and possible reductions in reproduction
or survival at low population sizes. Genetic risk is the risk of loss
of genetic variability and/or population fitness through inbreeding and
genetic drift. Both types of risk increase rapidly as population size
decreases.
Severe, short-term genetic problems from inbreeding are unlikely
unless population size remains very low for a number of years. However,
the erosion of genetic variability due to low population size is
cumulative, so long-term effects on the population (even if it
subsequently recovers numerically) are also a concern.
The Snake River spring/summer chinook salmon ESU consists of many
local spawning populations spread over large geographic areas.
Therefore, the total number of fish returning to local spawning
populations would be much less than the total run size. Assuming that
1,300 to 1,500 spring/summer chinook salmon adults survive to spawn,
the average number of spawners per subpopulation would only be 30 to 40
fish (NMFS and USFWS 1994). Based on recent trends in redd counts in
major tributaries of the Snake River, NMFS believes that many local
populations could be at critically low levels, with individual streams
in the Grande Ronde River, Middle Fork Salmon River, and Upper Salmon
River basins at particularly high risk. Both demographic and genetic
risks would be of concern for local populations, and in some cases,
habitat might be so sparsely populated that adults would not find
mates.
Fall Chinook Salmon
Since listing of Snake River fall chinook salmon in 1992, adult
returns to Lower Granite dam for 1992 and 1993 have continued to
maintain the low levels observed during the 1980s. Updated information
in 1994 indicate that the situation is much worse thus posing an
imminent threat of extinction throughout all or a significant portion
of its range. The projected return of listed fall chinook salmon to the
Columbia River in 1994 is 803, the second lowest on record. A tentative
run forecast for 1995 suggests that the return will be about 60 percent
of that expected in 1994 (NMFS and USFWS 1994). While it is impossible
to make specific projections for returns of fall chinook salmon over
the next three to five years, it is possible to generally comment on
the prospects for decreasing run sizes. The 1991 brood is apparently
weak, based on the record low return of jacks in 1993. Therefore, the 5
year-old component of the 1996 return is likely to be low. There was
sufficient escapement in 1992 and 1993 to allow for increased returns
after 1995, but success of these runs will depend largely on improved
passage and ocean survival conditions.
Although risks associated with small population sizes are also a
general concern for Snake River fall chinook salmon, currently there is
no evidence of multiple subpopulations of naturally-spawning Snake
River fall chinook salmon. The primary risk to Snake River fall chinook
salmon remains the continued low numbers of spawning adults. Genetic
and demographic risk increases dramatically with increasing number of
consecutive years of depressed population levels.
Summary of Factors Affecting the Species
Section 4(a)(1) of the ESA specifies five criteria to be evaluated
during a status review of a species or population proposed for listing
or reclassification. In addition to the evaluation for this emergency
action, these criteria were reviewed in the proposed and final rules to
list Snake River spring/summer chinook salmon and Snake River fall
chinook salmon.
A. The Present or Threatened Destruction, Modification, or Curtailment
of its Habitat or Range
Hydropower development has resulted in blockage and inundation of
habitat, turbine-related mortality of juvenile fish, increased travel
time of juvenile migration through the Snake and Columbia Rivers, and
increased travel time of migrating adults. Water withdrawal and
storage, irrigation diversions, siltation and pollution from sewage,
farming, grazing, logging, and mining have also degraded Snake River
salmon habitat. Changes in operation of lower Snake and Columbia River
dams and changes in land and water management activities since the
listing of Snake River chinook salmon should result in long term
improvements in survival of adult and juvenile chinook salmon. However,
observed and expected low returns from 1994 and for the next few years
suggest that these improvements have not yet been sufficient to remove
the immediate risks to the listed species.
B. Overutilization for Commercial, Recreational, Scientific, or
Educational Purposes
Historically, combined ocean and river harvest rates of Snake River
spring/summer chinook salmon exceeded 80 and sometimes 90 percent
(Ricker 1959). Current ocean and river Snake River spring/summer
chinook salmon harvest levels have been reduced in the commercial,
recreational, and tribal fisheries due to low escapements and efforts
to protect these runs. Between 1991 and 1993, the approximate Snake
River spring/summer chinook salmon harvest rate ranged from 5.5 to 7.7
percent.
For upriver bright (Columbia and Snake Rivers) fall chinook salmon,
the 1990 total harvest rate (commercial, recreational, and tribal
fisheries) was approximately 70 percent. Measures have been taken
between 1991 and 1993 to reduce harvest impacts on Snake River fall
chinook salmon to approximately 50 percent. However, as evidenced by
continued and projected low returns, these efforts have not reversed
the decline of the species and further measures are urgently needed to
reduce the risk of extinction.
While there are a number of scientific research programs involving
handling, tagging, and moving of fish in the Columbia and Snake rivers,
NMFS believes that the contribution of these programs to the decline of
listed Snake River chinook salmon is negligible. Furthermore, these
programs contribute to the efforts to enhance long-term survival of
these species.
C. Disease or Predation
Chinook salmon are exposed to numerous bacterial, protozoan, viral,
and parasitic organisms; however, these organisms' impacts on Snake
River chinook salmon are largely unknown.
Predator populations, particularly northern squawfish
(Ptychocheilus oregonensis), have increased due to hydroelectric
development that created impoundments providing ideal predator foraging
areas. Turbulent conditions in turbines, dam bypasses, and spillways
have increased predator success by stunning or disorienting passing
juvenile salmon migrants. Increased efforts to reduce populations of
northern squawfish should result in survival improvements of listed
salmon, but the benefits are not yet fully known.
Marine mammal numbers, especially harbor seals and California sea
lions, are increasing on the West Coast and increases in predation by
pinnipeds have been noted in all Northwest salmonid fisheries. However,
the extent to which marine mammal predation is a factor causing the
decline of Snake River chinook salmon is unknown.
D. Inadequacy of Existing Regulatory Mechanisms
A wide variety of Federal and state laws and programs have affected
the abundance and survival of anadromous fish populations in the
Columbia River Basin. Relevant regulatory mechanisms in place when the
species were proposed for listing were discussed in supplemental
factors for decline reports (NMFS 1991a; NMFS 1991b). Although some
improvements in regulatory mechanisms have been made since listing,
increases in estimated Snake River chinook salmon abundance during the
1991 through 1993 period are not expected to be sustained in the near
future. This indicates that regulatory mechanisms currently in place
are insufficient or not effectively applied, and immediate action must
be taken to reverse the continuing decline of listed Snake River
salmon.
E. Other Natural and Manmade Factors
Drought conditions may have contributed to reduced Snake River
chinook salmon production. Annual mean streamflows for the 1977 water
year were the lowest recorded since the late nineteenth century for
many streams (Columbia River Water Management Group 1978). Generally,
drought conditions have continued since this time, particularly in the
Snake River.
Unusually warm ocean surface temperatures and associated changes in
coastal currents and upwelling, known as El Nino conditions, result in
ecosystem alterations such as reductions in primary and secondary
productivity and changes in prey and predator species distributions. El
Nino conditions may affect individual Snake River chinook salmon stocks
differently. 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). Most hatchery Snake River spring chinook salmon CWTs
are recovered in British Columbia fisheries, and are believed to be
less affected by El Nino conditions than hatchery summer chinook
salmon. Approximately half of the Snake River hatchery (McCall
Hatchery) summer chinook salmon CWT ocean recoveries come from
Washington, Oregon, and California fisheries (Berkson 1991).
Approximately 20 to 30 percent of the Snake River hatchery (Lyons Ferry
and Hagerman hatcheries) fall chinook salmon CWT ocean recoveries occur
in Washington, Oregon, and California fisheries.
Artificial propagation has, in some cases, impacted listed Snake
River spring/summer chinook salmon. Potential problems associated with
hatchery programs include genetic impacts on indigenous wild
populations from stock transfers, reduced natural production due to
collection of wild adults for hatchery brood stocks, competition with
wild salmon, predation of wild salmon by hatchery salmon, and disease
transmission.
Artificial propagation activities in the Snake River have also been
a factor in the decline of Snake River fall chinook salmon. The taking
of Snake River fall chinook salmon for hatchery brood stock has reduced
natural escapement, and the straying of hatchery fall chinook salmon
from other areas into the Snake River threatens the genetic integrity
of wild Snake River fall chinook salmon. Most of the stray adult fall
chinook salmon returning to Lyons Ferry Hatchery originate from
Umatilla River releases. Although the Oregon Department of Fish and
Wildlife now releases hatchery fall chinook salmon further upstream in
the Umatilla River to improve imprinting, implementation of adequate
flow augmentation actions in the lower Umatilla River have not yet been
accomplished and low flow conditions in the Umatilla River during adult
return periods still contribute to straying concerns.
Reasons for Emergency Determination
Although conservation measures have been implemented since 1992
specifically to improve habitat and migration passage conditions,
decrease harvest levels, and improve hatchery programs, NMFS believes
that the new data indicating critically low returns expected for 1994
constitute an emergency requiring immediate action to reclassify both
Snake River spring/summer chinook and Snake River fall chinook salmon
as endangered. Section 4(b)(7) of the ESA provides that an emergency
rule may be promulgated by the Secretary ``in regard to any emergency
posing a significant risk to the well-being of any species * * *'' The
severity of the decrease in run size based on the most recent estimates
of returns indicates that there is a significant risk to the well-being
of both Snake River fall chinook and Snake River spring/summer chinook
that warrants this emergency rule. Although the reclassification will
not result in additional prohibitions under section 9 of the ESA, the
emergency reclassification serves notice that NMFS will immediately
implement further protections to reverse the continued decline.
Because time is a critical factor in the effort to prevent the
Snake River spring/summer and fall chinook salmon from becoming
extinct, and given the demographic and genetic risks these small
populations of Snake River chinook salmon are now facing, it is crucial
that these species be provided a high level of protection immediately.
Evaluation criteria currently used by Federal action agencies to
assess impacts on threatened salmon may not adequately protect
endangered salmon, and could preclude future options for recovering
species now considered to be precariously close to extinction. A more
accurate characterization of the status of the Snake River chinook
salmon should encourage action agencies to immediately employ more
conservative criteria when they propose, evaluate and implement their
actions. Similarly, because changing the status of a species may
require reinitiation of consultation under section 7 of the ESA on
previously issued biological opinions, the emergency reclassification
of Snake River chinook salmon will require NMFS to reevaluate completed
consultations to determine if reinitiation is necessary. However, it
should be noted that reinitiation may be made independent of the legal
status of the species and may be based on new information regarding run
size that may reveal that the effects of Federal actions may affect
listed species in a manner or to an extent not previously considered.
(See 50 CFR 402.16).
This emergency reclassification should compel Federal action
agencies to adopt a more conservative approach in analyzing the risk to
Snake River chinook salmon associated with ongoing and future actions,
including hydropower operations, land management actions, harvest
activities, and hatchery practices. For example, alternative scenarios
for hydropower operation are currently being evaluated by a multi-
agency workgroup. Should the current hydropower actions be determined
to jeopardize the continued existence of listed species when evaluated
with new analytical methods, these alternative operation scenarios may
represent reasonable and prudent alternatives to the current action by
providing a higher level of protection for endangered species. For land
management actions, restricting development in roadless areas,
evaluating land management activities on a landscape scale through
watershed analysis, and affording a higher level of protection to
riparian areas would prevent foreclosure of future options for
protecting Snake River chinook salmon habitat. Following
reclassification, hatchery releases of listed and unlisted fish would
be subjected to additional scrutiny and be expected to further reduce
ecological interactions that adversely affect listed Snake River
chinook salmon. Chinook fisheries are likely to be subject to
restrictions beyond that of recent years. These types of protective
measures should be adopted immediately to ensure that all future
actions will improve survival conditions for Snake River chinook
salmon.
Based on reviews of the current and expected short-term future
status of Snake River spring/summer and fall chinook salmon, NMFS
believes that this emergency action to reclassify Snake River spring/
summer chinook salmon and Snake River fall chinook salmon from
threatened to endangered is warranted. This emergency reclassification
is needed immediately to preserve future management options and modify
the current levels of acceptable risk to the continued existence of
Snake River spring/summer chinook salmon and Snake River fall chinook
salmon.
During the 240 days this emergency rule is in effect, NMFS will
initiate and complete a rulemaking (with a public comment period) to
extend the reclassification of Snake River spring/summer and fall
chinook salmon to endangered under the ESA until such time as
reclassification or delisting is warranted.
Classification
The Assistant Administrator for Fisheries, NOAA (AA), has
determined that the present situation poses a significant risk to the
well-being of Snake River chinook salmon; therefore, emergency
regulations can be issued under 16 U.S.C. 1533(b)(7). Pursuant to this
section, the requirements of section 553 of the Administrative
Procedure Act do not apply to this rulemaking. Furthermore, the AA
finds that independent of 16 U.S.C. 1533(b)(7) the reasons justifying
promulgation of this rule on an emergency basis also make it
impracticable and contrary to the public interest to provide notice and
opportunity for prior comment or to delay for 30 days its effective
date under section 553 (b) and (d) of the Administrative Procedure Act.
This rule is exempt from the procedures of the Regulatory
Flexibility Act because it is issued without opportunity for prior
public comment.
This rule will be implemented in a manner that is consistent to the
maximum extent practicable with the approved coastal management program
of the States of Washington and Oregon. This determination has been
submitted under section 307 of the Coastal Zone Management Act for
review by the responsible State agency.
This proposed rule has been determined to be exempt from review
under E.O. 12866.
NOAA Administrative Order 216-6 states that listing actions under
the ESA are categorically excluded from the requirement to prepare an
environmental assessment or an environmental impact statement.
List of Subjects
50 CFR Part 222
Administrative practice and procedure, Endangered and threatened
species, Exports, Imports, Reporting and record keeping requirements,
Transportation.
50 CFR Part 227
Endangered and threatened species, Exports, Imports, Marine
mammals, Transportation.
Dated: August 15, 1994.
Gary C. Matlock,
Program Management Officer, National Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR parts 222 and 227
are 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 ``Snake River spring/summer chinook salmon
(Oncorhynchus tshawytscha); Snake River fall chinook salmon
(Oncorhynchus tshawytscha);'' immediately after the phrase ``Sacramento
River winter-run chinook salmon (Oncorhynchus tshawytscha);''.
PART 227--THREATENED FISH AND WILDLIFE
3. The authority citation of part 227 continues to read as follows:
Authority: 16 U.S.C. 1531 et seq.
Sec. 227.4 [Amended]
4. In Sec. 227.4, paragraphs (f) and (g) are removed.
Subpart C--Threatened Marine and Anadromous Fish [Reserved]
Sec. 227.21 [Removed]
5. Subpart C ``Threatened marine and anadromous fish'' is reserved
and Sec. 227.21 is removed.
[FR Doc. 94-20322 Filed 8-15-94; 2:31 pm]
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