[Federal Register Volume 59, Number 102 (Friday, May 27, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13002]
[[Page Unknown]]
[Federal Register: May 27, 1994]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 227
[I.D. 050294D]
Listing Endangered and Threatened Species and Designating
Critical Habitat: Petition To List Steelhead Throughout its Range in
Washington, Oregon, California, and Idaho
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of finding; request for comments.
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SUMMARY: NMFS has received a petition to list steelhead (Oncorhynchus
mykiss) throughout its range in Washington, Oregon, California, and
Idaho and to designate critical habitat under the Endangered Species
Act of 1973 (ESA). In accordance with section 4 of the ESA, NMFS has
determined that the petition presents substantial scientific
information indicating that the request for a 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 coastal steelhead
populations in California, Oregon, and Washington (including Puget
Sound).
DATES: Comments and information must be received by July 26, 1994.
ADDRESSES: Copies of the petition are available from, and comments
should be submitted to, Merritt Tuttle, Chief, Environmental and
Technical Services Division, NMFS, 911 NE 11th Avenue, Room 620,
Portland, OR 97232.
FOR FURTHER INFORMATION CONTACT: Garth Griffin, NMFS, Northwest Region
(503) 230-5430; Jim Lecky, NMFS, Southwest Region, (310) 980-4015; or
Marta Nammack, NMFS, Office of Protected Resources, (301) 713-2322.
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 determine whether the petition presents substantial
scientific or commercial information indicating that the petitioned
action may be warranted.
Petition Received
On February 16, 1994, the Secretary received a petition from the
Oregon Natural Resources Council (ONRC) and 15 co-petitioners to list
steelhead (O. mykiss) throughout its range in Washington, Oregon,
California, and Idaho and to designate critical habitat under the ESA.
The Assistant Administrator for Fisheries, NOAA, (AA) found 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 a ``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)(B) of the ESA, this finding
requires that a review of the status of steelhead populations in
Washington, Oregon, California, and Idaho be conducted to determine if
the petitioned action is warranted. In keeping with section 4(b)(3)(B)
of the ESA, the Secretary will make his determination on the ONRC et
al. petition within 12 months of February 16, 1994, the date it was
received.
Ongoing Status Review
On May 6, 1992, the Secretary received a petition from ONRC and ten
co-petitioners to list the Illinois River (tributary to the Rogue
River, Southern Oregon) winter steelhead and to designate critical
habitat under the ESA. The AA determined that while ``there is
insufficient evidence to demonstrate that the Illinois River winter
steelhead by themselves represent an evolutionary significant unit
(ESU), and hence a 'species' under the ESA, Illinois River winter
steelhead are undoubtedly part of a larger ESU whose extent has not yet
been determined.'' Moreover, in light of the general decline in many
West Coast populations of steelhead, NMFS initiated its own
comprehensive status review that will assess steelhead populations in
coastal streams of California, Oregon, and Washington (including Puget
Sound). The first objective of the larger steelhead status review is to
define the boundaries of the ESU that contain Illinois River winter
steelhead and determine whether they are threatened or endangered. In
accordance with section 4 of the ESA, NMFS published a notice of
determination and request for information (58 FR 29390, May 20, 1993)
on an expanded status review of coastal steelhead populations. Although
the geographic scope of the ONRC et al. petition is similar to the area
addressed in the ongoing NMFS coastal steelhead status review,
additional information about steelhead populations east of the Cascade
Mountain Range is needed. Therefore, information received during the
comment period for the ONRC et al. petition will be used in NMFS'
ongoing review of steelhead populations in coastal streams of
California, Oregon, and Washington (including Puget Sound).
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. All listing determinations are made
solely on the best scientific and commercial data available.
Biological Information Solicited
NMFS is soliciting information and comments concerning: (1) Whether
or not the stocks qualify as a ``species'' under the ESA (56 FR 58612,
November 20, 1991) and (2) whether or not the stocks are endangered or
threatened based on the above listing criteria. Specifically, NMFS is
soliciting information in the following areas: Migration timing and
behavior of juvenile and adult steelhead; age structure of steelhead;
interactions of steelhead with other salmonids; alteration of steelhead
freshwater and marine habitats; disease epizootiology of steelhead;
influence of historical and present hatchery fish releases on naturally
spawning stocks of steelhead; and separation of hatchery and natural
steelhead escapement. This information should address all steelhead
populations in California, Oregon, Washington, Idaho, and British
Columbia. Because a very similar request for information was published
in the May 20, 1993, Federal Register notice announcing NMFS' decision
to conduct a review of coastal steelhead populations, it is not
necessary for parties to submit the same information for this request.
Copies of the petition are available (see ADDRESSES).
It is important to note that the determination to list a species is
based solely on the best available scientific and commercial
information regarding a species' status, without reference to possible
economic or other impacts of such a determination (50 CFR 424.11(b)).
Critical Habitat
NMFS is also requesting information on areas that may qualify as
critical habitat for Washington, Oregon, California, and Idaho stocks
of steelhead (see also October 15, 1991, 56 FR 51684). 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 habitats.
Data, information, and comments should include: (1) Supporting
documentation such as maps, bibliographic references, or reprints of
pertinent publications, and (2) the commentor's name, address, and
association, institution, or business.
Dated: May 20, 1994.
William W. Fox, Jr.,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 94-13002 Filed 5-26-94; 8:45 am]
BILLING CODE 3510-22-F