[Federal Register Volume 73, Number 171 (Wednesday, September 3, 2008)]
[Proposed Rules]
[Pages 51415-51436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-20412]
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DEPARTMENT OF INTERIOR
United States Fish and Wildlife Service
50 CFR Part 17
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 224
[Docket No. 0808191116-81126-01]
RIN 0648-XJ93
Endangered and Threatened Species; Proposed Endangered Status for
the Gulf of Maine Distinct Population Segment of Atlantic Salmon
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce; United States Fish and
Wildlife Service (USFWS), Interior.
ACTION: Proposed rule; 12-month petition finding; request for
comments.
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SUMMARY: We (NMFS and USFWS) have determined that naturally spawned
and conservation hatchery populations of Atlantic salmon within the
range of the Gulf of Maine (GOM) distinct population segment (DPS),
including those that were already listed in November 2000, constitute a
new GOM DPS and hence a ``species'' for listing as endangered or
threatened consideration under the Endangered Species Act (ESA). This
also constitutes a 12-month finding on a petition to list Atlantic
salmon in the Kennebec River as endangered. We will propose to
designate critical habitat for the GOM DPS in a subsequent Federal
Register notice.
DATES: Comments on this proposal must be received by December 2, 2008.
Public hearing requests must be received by November 17, 2008.
[[Page 51416]]
ADDRESSES: You may submit comments, identified by the RIN 0648-AW02,
by any of the following methods:
Electronic Submissions: Submit all electronic public
comments via the FederaleRulemaking Portal http://www.regulations.gov
Mail: Assistant Regional Administrator, NMFS, Northeast
Regional Office, Protected Resources Division, One Blackburn Drive,
Gloucester, MA 01930
Fax: To the attention of Jessica Pruden at (978) 281-9394.
Instructions: All comments received are a part of the public record
and will generally beposted to http://www.regulations.gov without
change. All Personal Identifying Information (for example, name,
address, etc.) voluntarily submitted by the commenter may be publicly
accessible. Do not submit Confidential Business Information or
otherwise sensitive or protected information.
NMFS will accept anonymous comments (enter N/A in the required
fields, if you wish to remain anonymous). Attachments to electronic
comments will be accepted in Microsoft Word, Excel, WordPerfect, or
Adobe PDF file formats only.
The proposed rule and status review report are also available
electronically at the NMFS website at http://www.nero.noaa.gov/prot_res/altsalmon/.
FOR FURTHER INFORMATION CONTACT: Rory Saunders, NMFS, at (207)866-4049;
Jessica Pruden, NMFS, at (978)281-9300 ext. 6532; Lori Nordstrom,
USFWS, at (207)827-5938 ext. 13; or Marta Nammack, NMFS, at (301)713-
1401.
SUPPLEMENTARY INFORMATION:
Public Comments Solicited
We solicit public comment on this proposed listing determination.
We anticipate holding up to three public hearings on the proposed rule.
Any public hearings will be announced in a separate Federal Register
notice.
We intend that any final action resulting from this proposal will
be as accurate and as effective as possible and informed by the best
available scientific and commercial information. Therefore, we request
comments or information from the public, other concerned governmental
agencies, the scientific community, industry, or any other interested
party concerning this proposed rule. We particularly seek comments
concerning:
(1) Information on the effects of conservation hatchery
supplementation in reducing the risk of extinction of the GOM DPS. As
described in ``Status of the Species'' and ``Factor E'', the high
numbers of fish stocked through the conservation hatchery program
reduce the risk of extinction for the GOM DPS; however, the numbers of
naturally-reared spawning adults in the GOM DPS are extremely low (less
than 150). Numbers of naturally-reared spawning adults are an important
measure of improved status or recovery. Because of the reduction in
extinction risk provided by conservation hatchery supplementation, we
seek additional information on the appropriate weight that should be
given to the conservation hatchery program in evaluating the status of
the GOM DPS;
(2) Information concerning the viability of and/or threats to
Atlantic salmon in the GOM DPS; and
(3) Efforts being made to protect Atlantic salmon in the GOM DPS.
Background
We issued a final rule listing the GOM DPS of Atlantic salmon as
endangered on November 17, 2000 (65 FR 69469). The GOM DPS was defined
as all naturally reproducing wild populations and those river-specific
hatchery populations of Atlantic salmon having historical, river-
specific characteristics found north of and including tributaries of
the lower Kennebec River to, but not including, the mouth of the St.
Croix River at the U.S.-Canada border. In the final rule listing the
GOM DPS, we did not include fish that inhabit the mainstem and
tributaries of the Penobscot River above the site of the former Bangor
Dam, the upper Kennebec River, or the Androscoggin River within the GOM
DPS (65 FR 69469; November 17, 2000).
In late 2003, we assembled the 2005 Biological Review Team (BRT)
comprised of biologists from the Maine Atlantic Salmon Commission, the
Penobscot Indian Nation (PIN), and both Services. The 2005 BRT was
charged with reviewing and evaluating all relevant scientific
information relating to the current DPS delineation (including a
detailed genetic characterization of the Penobscot population and data
relevant to the appropriateness of including the upper Kennebec and
Androscoggin rivers as part of the DPS), determining the conservation
status of the populations not included in GOM DPS listed in 2000, and
assessing their relationship to that GOM DPS (the GOM DPS that is
currently listed). The findings of the 2005 BRT, which are detailed in
the 2006 Status Review for Anadromous Atlantic Salmon in the United
States (Fay et al., 2006), addressed: the DPS delineation, including
whether populations that were not included in the 2000 listing should
be included in the GOM DPS; the extinction risks to the species; and
the threats to the species. The 2006 Status Review (Fay et al., 2006)
underwent peer review by experts in the fields of Atlantic salmon
biology and genetics to ensure that it was based on the best available
science. Each peer reviewer independently affirmed the major
conclusions presented in Fay et al. (2006).
We received a petition to list the ``Kennebec River population of
anadromous Atlantic salmon'' as an endangered species under the ESA on
May 11, 2005. NMFS published a notice in the Federal Register on
November 14, 2006 (71 FR 66298), concluding that the petitioners
(Timothy Watts, Douglas Watts, the Friends of Merrymeeting Bay, and the
Maine Toxics Action Coalition) presented substantial scientific
information indicating that a listing may be warranted.
This Federal Register notice announces our finding regarding the
ESA listing status of the GOM DPS and 12-month finding on the petition
to list Atlantic salmon in the Kennebec River as endangered.
Policies for Delineating Species Under the ESA
Section 3 of the ESA defines ``species'' as including ``any
subspecies of fish or wildlife or plants, and any distinct population
segment of any species of vertebrate fish or wildlife which interbreeds
when mature.'' The term ``distinct population segment'' is not
recognized in the scientific literature. Therefore, the Services
adopted a joint policy for recognizing DPSs under the ESA (DPS Policy;
61 FR 4722) on February 7, 1996. The DPS policy requires the
consideration of two elements when evaluating whether a vertebrate
population segment qualifies as a DPS under the ESA: (1) the
discreteness of the population segment in relation to the remainder of
the species or subspecies to which it belongs; and (2) the significance
of the population segment to the species or subspecies to which it
belongs.
A population segment of a vertebrate species may be considered
discrete if it satisfies either one of the following conditions: (1) it
is markedly separated from other populations of the same taxon (an
organism or group of organisms) as a consequence of physical,
physiological, ecological, or behavioral factors. Quantitative measures
of genetic or morphological discontinuity may provide evidence of this
separation; or (2) it is delimited by international governmental
boundaries
[[Page 51417]]
within which differences in control of exploitation, management of
habitat, conservation status, or regulatory mechanisms exist that are
significant in light of section 4(a)(1)(D) of the ESA (i.e., inadequate
regulatory mechanisms).
If a population segment is found to be discrete under one or more
of the above conditions, its biological and ecological significance to
the taxon to which it belongs is evaluated. This consideration may
include, but is not limited to: (1) persistence of the discrete
population segment in an ecological setting unusual or unique for the
taxon; (2) evidence that the loss of the discrete population segment
would result in a significant gap in the range of a taxon; (3) evidence
that the discrete population segment represents the only surviving
natural occurrence of a taxon that may be more abundant elsewhere as an
introduced population outside its historic range; and (4) evidence that
the discrete population segment differs markedly from other populations
of the species in its genetic characteristics.
Listing Determinations Under the ESA
The ESA defines an endangered species as one that is in danger of
extinction throughout all or a significant portion of its range, and a
threatened species as one that is likely to become endangered in the
foreseeable future throughout all or a significant portion of its range
(sections 3(6) and 3(20), respectively). The statute requires us to
determine whether any species is endangered or threatened because of
any of the following five factors: (1) the 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) the inadequacy of
existing regulatory mechanisms; or (5) other natural or manmade factors
affecting its continued existence (section 4(a)(1)(A-E)). We are to
make this determination based solely on the best available scientific
and commercial data available after conducting a review of the status
of the species and taking into account any efforts being made by states
or foreign governments to protect the species.
Atlantic Salmon Life History
Anadromous Atlantic salmon are a wide ranging species with a
complex life history. The historic range of Atlantic salmon occurred on
both sides of the North Atlantic: from Connecticut to Ungava Bay in the
western Atlantic and from Portugal to Russia's White Sea in the Eastern
Atlantic, including the Baltic Sea.
For Atlantic salmon in the United States, juveniles typically spend
2 years rearing in freshwater. Freshwater ecosystems provide spawning
habitat and thermal refuge for adult Atlantic salmon; overwintering and
rearing areas for eggs, fry, and parr; and migration corridors for
smolts and adults (Bardonnet and Bagliniere, 2000). Adult Atlantic
salmon typically spawn in early November. The eggs hatch in late March
or April. At this stage, they are referred to as alevin or sac fry.
Alevins remain in the redd for about 6 more weeks and are nourished by
their yolk sac until they emerge from the gravel in mid-May. At this
time, they begin active feeding and are termed fry. Within days, the
fry enter the parr stage, indicated by vertical bars (parr marks) on
their sides that act as camouflage. Atlantic salmon parr are
territorial; thus, most juvenile mortality is thought to be density
dependent and mediated by habitat limitation (Gee et al., 1978;
Legault, 2005). In particular, suitable overwintering habitat may limit
the abundance of large parr prior to smoltification (Cunjak et al.,
1998). Smoltification (the physiological and behavioral changes
required for the transition to salt water) usually occurs at age 2 for
most Atlantic salmon in Maine. The smolt emigration period is rather
short and lasts only 2 to 3 weeks for each individual. During this
brief emigration window, smolts must contend with rapidly changing
osmoregulatory requirements (McCormick et al., 1998) and predator
assemblages (Mather, 1998). The freshwater stages in the life cycle of
the Atlantic salmon have been well studied; however, much less
information is available on Atlantic salmon at sea (Klemetsen et al.,
2003).
Gulf of Maine Atlantic salmon migrate vast distances in the open
ocean to reach feeding areas in the Davis Strait between Labrador and
Greenland, a distance over 4,000 km from their natal rivers (Danie et
al., 1984; Meister, 1984). During their time at sea, Atlantic salmon
undergo a period of rapid growth until they reach maturity and return
to their natal river. Most Atlantic salmon (about 90 percent) from the
Gulf of Maine return after spending two winters at sea; usually less
than 10 percent return after spending one winter at sea; roughly 1
percent of returning salmon are either repeat spawners or have spent
three winters at sea (three sea winter 3SW salmon) (Baum, 1997).
In addition to anadromous Atlantic salmon, landlocked Atlantic
salmon have been introduced to many lakes and rivers in Maine, though
they are only native to four watersheds in the State: the Union,
including Green Lake in Hancock County; the St. Croix, including West
Grand Lake in Washington County; the Presumpscot, including Sebago Lake
in Cumberland County; and the Penobscot, including Sebec Lake in
Piscataquis County (Warner and Havey, 1985). There are certain lakes
and rivers in Maine where landlocked salmon and anadromous salmon co-
exist. Recent genetic surveys have confirmed that little genetic
exchange occurs between these two life history types (Spidle et al.,
2003, NMFS unpublished data).
Review of Species Delineation
Fay et al. (2006) concluded that the DPS delineation as proposed by
the previous BRT that resulted in the 2000 listing designation (65 FR
69469; November 17, 2000) was largely appropriate, except in the case
of large rivers that were excluded in previous listing determinations.
As described below in the analyses of discreteness and significance of
the population segment, Fay et al. (2006) concluded that the salmon
currently inhabiting the larger rivers (Androscoggin, Kennebec, and
Penobscot) are genetically similar to the rivers included in the GOM
DPS as listed in 2000 (Spidle et al., 2003), have similar life history
characteristics, and/or occur in the same zoogeographic region.
Further, the salmon populations inhabiting the large and small rivers
from the Androscoggin River northward to the Dennys River differ
genetically and in important life history characteristics from Atlantic
salmon in adjacent portions of Canada (Spidle et al., 2003; Fay et al.,
2006). Thus, Fay et al. (2006) concluded that this group of populations
(population segment) met both the discreteness and significance
criteria of the DPS Policy and, therefore, recommended that the new GOM
DPS include all anadromous Atlantic salmon whose freshwater range
occurs in the watersheds from the Androscoggin River northward along
the Maine coast to the Dennys River, including all associated
conservation hatchery populations used to supplement these natural
populations; currently, such conservation hatchery populations are
maintained at Green Lake National Fish Hatchery (GLNFH) and Craig Brook
National Fish Hatcheries (CBNFH).
The precise genetic boundary between Atlantic salmon in the United
States and Canada is difficult to determine because there are no
genetic data on the wild salmon that once occurred in the St. Croix
watershed along the U.S.-Canada border. As listed in 2000, the
[[Page 51418]]
northern terminus of the GOM DPS was the U.S.-Canada border at the St.
Croix River, but as described on page 54 of Fay et al. (2006), the best
available science suggests that the St. Croix groups with other
Canadian rivers. Therefore, we find that the northern terminus of the
GOM DPS is the Dennys River watershed, rather than the St. Croix,
because genetic analyses found that salmon in the Dennys River are more
similar to populations in the United States than to Canadian salmon
populations that are geographically proximate to the Dennys (Spidle et
al., 2003).
We determined the southern terminus of the GOM DPS to be the
Androscoggin River based on zoogeography rather than genetics because
there are extremely few Atlantic salmon in the rivers as one moves
southward on which to base genetic analyses. The Androscoggin River
lies within the Penobscot-Kennebec-Androscoggin Ecological Drainage
Unit (Olivero, 2003) and the Laurentian Mixed Forest Province (Bailey,
1995), which separates it from more southern rivers that were
historically occupied by Atlantic salmon.
With respect to the ``discreteness'' of this population segment,
Fay et al. (2006) considered ecological, behavioral, and genetic
factors under the first discreteness criterion of the DPS Policy to
examine the degree to which it is separate from other Atlantic salmon
populations. Gulf of Maine salmon are behaviorally and physiologically
discrete from other members of the taxon because they return to their
natal Gulf of Maine rivers to spawn, which leads to the separation in
stocks that has been observed between the Gulf of Maine and other
segments of the taxon. This phenomenon is known as homing and is
characteristic of all other anadromous salmonids (Klemetsen et al.,
2003; Utter et al., 2004). Baum and Spencer (1990) found that roughly
98 percent of all tagged salmon returned to their natal rivers to
spawn.
Ecologically, Gulf of Maine salmon are discrete from other members
of the taxon. The core of the riverine habitat of this population
segment lies within the Penobscot-Kennebec-Androscoggin Ecological
Drainage Unit (Olivero, 2003) and the Laurentian Mixed Forest Province
(Bailey, 1995). In particular, Gulf of Maine salmon life history
strategies are dominated by age 2 smolts and 2SW adults whereas
populations to the north of this population segment are generally
dominated by age 3, or older, smolts and 1SW adults (i.e., grilse).
Smolt age reflects growth rate (Klemetsen et al., 2003), with faster
growing parr emigrating as smolts earlier than slower growing ones
(Metcalfe et al., 1990). Smolt age is largely influenced by temperature
(Symons, 1979; Forseth et al., 2001) and can therefore be used to
compare and contrast growing conditions across rivers (Metcalfe and
Thorpe, 1990). For Gulf of Maine populations, smolt ages are quite
similar across rivers with naturally-reared (result of either wild
spawning or fry stocking) returning adults predominantly emigrating at
river age 2 (88 to 100 percent) with the remainder emigrating at river
age 3 (Fay et al., 2006).
The strongest evidence that Gulf of Maine salmon are discrete from
other members of the taxon is genetic. Fay et al. (2006) described
genetic structure of this population segment and other stocks in detail
in section 6.3.1.3. In summary, three primary genetic groups of North
American populations (Spidle et al., 2003; Spidle et al., 2004;
Verspoor et al., 2005) are evident. These include the anadromous Gulf
of Maine populations (including salmon in the Kennebec and Penobscot
Rivers) (Spidle et al., 2003), non-anadromous Maine populations (Spidle
et al., 2003), and Canadian populations (Verspoor et al., 2005).
Because of these behavioral, physiological, ecological and genetic
factors, we conclude that the Gulf of Maine anadromous population is
discrete from other Atlantic salmon populations under the provisions of
the DPS Policy.
With respect to the ``significance'' of this population segment,
Fay et al. (2006) found three of the four ``significance'' factors
described in the DPS policy applicable to the GOM DPS.
Under the first ``significance'' factor, Fay et al. (2006)
concluded that this population segment has persisted in an ecological
setting unusual or unique to the taxon for several reasons. First, Gulf
of Maine salmon live in and migrate through a unique marine
environment. The marine migration corridor for Gulf of Maine salmon
begins in the Gulf of Maine that is known for unique circulation
patterns, thermal regimes, and predator assemblages (Townsend et al.,
2006). Gulf of Maine salmon undertake extremely long marine migrations
to feeding grounds off the west coast of Greenland because the riverine
habitat they occupy is at the southern extreme of the current North
American range. While such vast marine migrations are more common for
stocks on the northeast side of the Atlantic, the combination of the
long migration distances and the unique setting of the Gulf of Maine,
described above, make the oceanic life history of the GOM DPS quite
unique from those of other stocks. In addition, the core of the
riverine habitat of this population segment lies within the Penobscot-
Kennebec-Androscoggin Ecological Drainage Unit (Olivero, 2003) and the
Laurentian Mixed Forest Province (Bailey, 1995). The importance of this
setting is evidenced by the tremendous production potential of its
juvenile nursery habitat that allows production of proportionately
younger smolts than Canadian rivers to the north (Myers, 1986; Baum,
1997; Hutchings and Jones, 1998). Thus, the combination of the unique
rearing conditions in the freshwater portion of its range combined with
the unique marine migration corridor led Fay et al. (2006) to conclude
that this population segment has persisted in an ecological setting
unusual or unique to the taxon.
Under the second ``significance'' factor, Fay et al. (2006)
concluded that the loss of this population segment would result in a
significant gap or constriction in the range of the taxon. The
extirpation of this population segment would represent a significant
range reduction for the entire taxon Salmo salar because this
population segment represents the southernmost native Atlantic salmon
population in the western Atlantic; the temperature regimes in these
southern rivers made possible the tremendous growth and production
potential which resulted in the historically very large populations in
these areas. Historic attempts to enhance salmon populations (in Gulf
of Maine rivers) using Canadian-origin fish failed. This further
illustrates the importance of conserving native populations and the
difficulties of restoration if they are lost.
Under the third ``significance'' factor, Fay et al. (2006)
concluded that this population segment differs markedly from other
populations of the species in its genetic characteristics. While
genetic differences were used to examine the ``discreteness'' of this
population segment, Fay et al. (2006) suggested that the
``significance'' of these observed genetic differences is that they
provide evidence of local adaptation. That is, low returns of exogenous
smolts (i.e., Canadian-origin smolts stocked in Maine) and lower
survival of smolts from these Maine rivers stocked outside their native
geographic range (e.g., into the Merrimack River) indicate that this
population segment is adapted to its native environment.
These three factors led Fay et al. (2006) to conclude that this
population segment is significant to the Atlantic
[[Page 51419]]
salmon species, and therefore, qualifies as a DPS (the new GOM DPS)
under the provisions of the DPS Policy.
Fay et al. (2006) explicitly considered whether to include hatchery
populations in the GOM DPS and concluded that all conservation hatchery
populations (currently maintained at GLNFH and CBNFH) should be
included in the GOM DPS. This determination was based on the fact that
there is a low level of divergence between conservation hatchery
populations and the rest of the GOM DPS because: (1) the river-specific
hatchery programs collect wild parr or sea-run adults annually (when
possible) for inclusion into the broodstock programs; (2) broodstocks
are used to stock fry and other life stages into the river of origin,
and, in some instances, hatchery-origin individuals represent the
primary origin of Atlantic salmon due to low adult returns; (3) there
is no evidence of introgression from Canadian-origin populations; and
(4) there is minimal introgression from aquaculture fish because of a
rigorous genetic screening program. Because the level of divergence is
minimal, Fay et al. (2006) suggested that hatchery populations should
be considered part of the GOM DPS. However, Fay et al. (2006) also
noted the dangers of reliance on hatcheries. In short, these risks
include artificial selection, inbreeding depression, and outbreeding
depression. The reader is directed to ``Artificial Propagation'' in
``Factor E'' of this Federal Register document and Section 8.5.1 of the
2006 Status Review report for an in depth discussion of these risks.
We concur with the findings and application of the DPS policy
described in Fay et al. (2006) and therefore conclude that the GOM DPS
warrants delineation as a DPS (i.e., it is discrete and significant).
Specifically, we conclude that the GOM DPS is comprised of all
anadromous Atlantic salmon whose freshwater range occurs in the
watersheds from the Androscoggin northward along the Maine coast to the
Dennys, including all associated conservation hatchery populations used
to supplement these natural populations; currently, such populations
are maintained at GLNFH and CBNFH. We consider the hatchery-dependent
populations that are maintained at CBNFH and GLNFH essential for
recovery of the GOM DPS because the hatchery populations contain a high
proportion of the genetic diversity remaining in the GOM DPS (Bartron
et al., 2006). Excluded are those salmon raised in commercial
hatcheries for aquaculture and landlocked salmon because they are
genetically distinguishable from the GOM DPS. The marine range of the
GOM DPS extends from the Gulf of Maine to feeding grounds off
Greenland. The most substantial difference between the GOM DPS as
listed in 2000 and the GOM DPS as proposed in this rule is the
inclusion of the entire Androscoggin, Kennebec and Penobscot basins.
Several rivers outside the range of the GOM DPS in Long Island
Sound and Central New England contain Atlantic salmon (Fay et al.,
2006). The native Atlantic salmon of these areas south of the GOM DPS
were extirpated in the 1800s (Fay et al., 2006). However, efforts to
restore Atlantic salmon to these areas (e.g., Connecticut, Merrimack,
and Saco Rivers) involve stocking Atlantic salmon that were originally
derived from the GOM DPS. Atlantic salmon whose freshwater range occurs
outside the GOM DPS do not interbreed with salmon within the GOM DPS
and are not considered a part of the GOM DPS and are not being
considered for protection under the ESA.
Status of the GOM DPS
Since the listing of the GOM DPS of Atlantic salmon in 2000, the
numbers of returning adults (both naturally-reared and conservation
hatchery stocked) have remained low (Table 1). Of greatest concern is
the extremely low number of naturally-reared adults in the GOM DPS. In
2006 (the most recent year for which complete data is available at the
time of writing), approximately 1,144 adult salmon returned to rivers
within the freshwater range of the GOM DPS. Of these, only 117 were
naturally-reared; 91 percent (1,044) of the adult salmon returned to
the Penobscot, 95 percent (996) of which were stocked through
conservation hatchery programs as smolt (Table 2). The remainder was
predominantly naturally-reared salmon that returned to smaller rivers
such as the Narraguagus, Pleasant, and Sheepscot Rivers (Table 2).
Conservation spawning escapement (CSE) goals are widely used (e.g.,
International Council for the Exploration of the Sea (ICES), 2005) to
describe the status of individual Atlantic salmon populations. When CSE
goals are met, Atlantic salmon populations are generally self-
sustaining. When CSE goals are not met (i.e., less than 100 percent),
populations are not reaching full potential which can be indicative of
a population decline. For all rivers in Maine, current Atlantic salmon
populations are well below CSE levels required to sustain themselves
(Fay et al., 2006), which is further indication of their poor
population status.
Table 1. Adult returns to rivers within the range of the GOM DPS as listed in 2000, the Penobscot River, the Kennebec River, and the Androscoggin River
from 2001 to 2006. These data are summarized from Table 3.2.1.2 and Table 16 in the United States Atlantic Salmon Assessment Committee Report (USASAC,
2007).
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Rivers within the range
Year of the DPS as listed in Penobscot River Trap Kennebec River Trap Androscoggin River Total Known Returns
2000 estimate Count Count \a\ Trap Count
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2001 103 785 -- 5 893
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2002 37 780 -- 2 819
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2003 76 1112 -- 3 1191
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2004 82 1323 -- 11 1416
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2005 71 985 -- 10 1066
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2006 79 1044 15 6 1144
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\a\ Counts not conducted on the Kennebec until 2006
[[Page 51420]]
Table 2. Adult returns to rivers within the freshwater range of the GOM DPS by origin in 2006. These data are
summarized from Table 1 in the United States Atlantic Salmon Assessment Committee Report (USASAC, 2007).
----------------------------------------------------------------------------------------------------------------
River Conservation Hatchery Naturally-reared Total
----------------------------------------------------------------------------------------------------------------
Androscoggin 6 0 6
----------------------------------------------------------------------------------------------------------------
Kennebec 10 5 15
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Dennys 4 2 6
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Narraguagus 0 15 15
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Other GOM DPS 11 47 58
----------------------------------------------------------------------------------------------------------------
Penobscot 996 48 1044
----------------------------------------------------------------------------------------------------------------
Total 1027 117 1144
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Currently, the GOM DPS of Atlantic salmon is largely dependent on
conservation hatchery supplementation for its persistence. The ultimate
goal of the conservation hatchery program is to lead to the recovery of
the GOM DPS. We use two recent analyses to inform us about the role of
conservation hatcheries in reducing the risk of extinction of the GOM
DPS given the low numbers of naturally-reared salmon in the GOM DPS. We
do not use either of these analyses to define a point at which we
predict the GOM DPS may go extinct or to analyze threats to the GOM DPS
because of the assumptions made by each that make them inappropriate to
use for such purposes. The two analyses are: (1) Fay et al. (2006) in
which recent adult return data were used in a population viability
analysis (PVA) to assess the extinction probabilities for the GOM DPS
(as defined in this proposed rule); (2) Legault (2004 and 2005) in
which a novel population modeling tool (SalmonPVA) was used to, in
part, begin examining quantitative recovery criteria for the GOM DPS as
listed in 2000.
The PVA described in section 7.3 of Fay et al. (2006) generally
shows that the GOM DPS is likely to continue to decline in terms of
adult abundance. In short, these PVA projections show that the GOM DPS
is trending towards extinction. The Fay et al. (2006) PVA does,
however, show the positive population effects of conservation
hatcheries (i.e., reducing the risk of extinction). The risk of
extinction increases over time, and varies depending on how extinction
is defined (i.e., a ``Quasi-Extinction Threshold'' (QET) of one
individual vs. 50 or 100 individuals). Using an adult return dataset
from a period of low marine survival (1991 to 2004), the likelihood of
extinction (QET = 1) for the GOM DPS is 0.8 percent over a 20-year time
frame. Even if the timeframe is extended to 100 years, for a QET of one
individual the estimated extinction risk remains below 50 percent (37.2
percent). With a QET of 50 individuals, however, the extinction risk
increases to 71.2 percent in 100 years. In the analyses, the
probability of extinction increases when the QET is larger, and with
longer timeframes. Without the smolt stocking program, the risks of
extinction would be much greater (Fay et al., 2006).
Legault's PVA (Legault, 2005) demonstrates that current levels of
hatchery supplementation substantially reduce extinction risk to the
GOM DPS as listed in 2000. For example, in simulations where marine
survival estimates were set at the mean of the last 30 years, Legault
(2005) estimated that the extinction risk (in the next 100 years) for
the GOM DPS as listed in 2000 was near 100 percent if hatchery
supplementation ceased in 2015, whereas extinction risks were only
approximately 1 percent in simulations where hatchery supplementation
continued through the year 2055. These simulations only included those
populations specifically named in the GOM DPS as listed in 2000; given
that smaller initial population sizes exacerbate the extinction process
(Holmes, 2001), adding the Penobscot population into the GOM DPS, as is
proposed here, would further reduce the extinction risks compared to
those presented by Legault (2005).
Although PVAs are informative in assessing extinction risks, there
are several assumptions that must be carefully scrutinized. In
particular, the PVA presented by Fay et al. (2006) can be considered
valid only if the following assumptions are accepted: (1) hatchery
supplementation continues into the future at current levels with
similar survival rates, and (2) similar threats to the species remain
operative into the future (i.e., environmental conditions remain
unchanged). Therefore, the PVA projections of extinction risk for the
GOM DPS are not necessarily predictive of future conditions, especially
over longer time frames, and caution must be used in interpreting
results of this or any PVA when making a determination regarding a
species' conservation status.
Importantly, all of the extinction risk scenarios assessed by Fay
et al. (2006) assumed that hatchery supplementation would continue at
its present level. The hatchery program, however, and specifically the
smolt stocking program that currently sustains the GOM DPS, requires at
least 150 returning adults in the GOM DPS. If there were less than 150
adults, smolt production goals could not be met and the hatchery
program could not continue at its current level; the likelihood of this
occurring has not been determined. The ramifications of an adult
population falling below 150 are that severe genetic and demographic
problems would arise in the population as the result of the extremely
low levels of abundance (Fay et al., 2006). The effect hatchery
supplementation has on reducing the risk of extinction of the GOM DPS
would also be lost without the smolt stocking program at its current
levels, and a steep and rapid population decline to extinction would be
expected if hatchery broodstock goals could not be met (i.e., less than
150 adults). In addition, because smolt stocking has a greater positive
effect on population demographics than fry stocking (SEI, 2007), the
cessation of the smolt stocking that currently sustains the GOM DPS
likely would exacerbate extinctions risks considerably more than if fry
stocking were discontinued (as considered by Legault (2005)).
In addition, there are negative consequences to hatchery
supplementation that are not
[[Page 51421]]
incorporated into the PVA. Despite managers' best efforts, long-term
artificial propagation and maintenance of a population in captivity may
result in negative effects resulting from small population size,
inbreeding, and domestication selection that may reduce the long-term
viability of the population (see Artificial Propagation in Factor E of
this Federal Register Notice). We recognize that such effects may be
difficult to detect, yet they may be irreversible.
Additional risks of relying on hatchery supplementation that are
not explicitly considered in either PVA are described below. The entire
hatchery stock for the GOM DPS is maintained in two hatcheries, GLNFH
and CBNFH. Although there are strict biosecurity protocols and
broodstock management plans in place, there is the potential for a
catastrophe to occur at either or both facilities (e.g., disease, loss
of funding, loss of electricity), which could result in the loss of
many individuals or potentially entire broodstock sources. In the event
of such a catastrophe, there would still be two to three age classes at
sea; however, it would be extremely difficult to rebuild the broodstock
with the remaining small population and limited gene pool. Given the
current dependence of the GOM DPS on hatchery supplementation,
catastrophic loss of either or both hatchery stocks would cause a steep
and rapid decline to extinction, potentially more severe than if
broodstock goals cannot be met (as described above). Neither of the
PVAs (Legault, 2005; nor Fay et al., 2006) explicitly considered the
risk of catastrophic loss of both conservation hatchery programs.
To summarize the information we have obtained from the PVAs
(Legault, 2005; Fay et al., 2006), the GOM DPS is trending toward
extinction though conservation hatchery supplementation buffers the
extinction risk. If the number of returning adults falls below 150, the
current levels of conservation hatchery supplementation (smolt
stocking, in particular) would be impossible to maintain, resulting in
a rapid and steep decline to extinction. This scenario was not modeled
in either PVA; therefore, we are not able to predict timeframes to how
soon extinction might occur without hatchery supplementation.
To summarize the status of the GOM DPS, the total number of
naturally-reared, spawning adult salmon continues to be extremely low
(117 in 2006 data summarized from USASAC, 2007). In 2006 there were
1,027 smolt-stocked adults in the GOM DPS (data summarized from USASAC
(2007)). Hatchery supplementation reduces the risk of extinction by
increasing the number of juveniles in the GOM DPS, thereby maintaining
low levels of spawning adults returning to the system. However, these
programs have not yet been successful at recovering or maintaining
wild, self-sustaining populations of Atlantic salmon as evidenced by
the low numbers of naturally-reared adults in the GOM DPS. The majority
of salmon within the freshwater range of the GOM DPS return to a single
river system, the Penobscot; of these, approximately 90 percent were
stocked as smolts.
Summary of Factors Affecting the GOM DPS
Section 4 of the ESA (16 U.S.C. 1533) and implementing regulations
at 50 CFR part 424 set forth procedures for adding species to the
Federal List of Endangered and Threatened Species. Under section 4(a)
of the Act, we must determine if a species is threatened or endangered
because of any of the following five factors: (A) The present or
threatened destruction, modification, or curtailment of its habitat or
range; (B) overutilization for commercial, recreational, scientific, or
educational purposes; (C) disease or predation; (D) the inadequacy of
existing regulatory mechanisms; or (E) other natural or manmade factors
affecting its continued existence.
We have described the effects of various factors leading to the
decline of Atlantic salmon in previous listing determinations (60 FR
50530, September 29, 1995; 64 FR 62627, November 17, 1999; 65 FR 69459,
November 17, 2000) and supporting documents (NMFS and USFWS, 1999; NMFS
and USFWS, 2005). The reader is directed to section 8 of Fay et al.,
(2006) for a more detailed discussion of the factors affecting the GOM
DPS. In making this finding, information regarding the status of the
GOM DPS of Atlantic salmon is considered in relation to the five
factors provided in section 4(a)(1) of the ESA.
A. The Present or Threatened Destruction, Modification, or Curtailment
of its Habitat or Range
Changes to the GOM DPS's natural environment are ubiquitous. Both
contemporary and historic land and water use practices such as damming
of rivers, forestry, agriculture, urbanization, and water withdrawal
have substantially altered Atlantic salmon habitat by: (1) eliminating
and degrading spawning and rearing habitat, (2) reducing habitat
complexity and connectivity, (3) degrading water quality, and (4)
altering water temperatures. These impacts and their effects on salmon
are described in detail by Fay et al. (2006). Here we summarize the
stressors that we believe are having the greatest impact on the GOM
DPS.
Dams are among the leading causes of both historic declines and
contemporary low abundance of the GOM DPS of Atlantic salmon. Dams
directly limit access to otherwise suitable habitat. Prior to the
construction of mainstem dams in the early 1800s, the upstream
migrations of salmon extended well into headwaters of large and small
rivers alike, unless a naturally impassable waterfall existed. For
example, Atlantic salmon were found throughout the West Branch of the
Penobscot River (roughly 350 km inland) and as far as Grand Falls
(roughly 235 km inland) on the Dead River in the Kennebec Drainage
(Foster and Atkins, 1867; Atkins, 1870). Today, however, upstream
passage for salmon on the West Branch of the Penobscot is nonexistent
and limited to trapping and trucking salmon above the first mainstem
dam on the Kennebec. Dams also change hydraulic characteristics of
rivers. These changes, combined with reduced, non-existent, or poor
fish passage, influence fish community structure. Specifically, dams
create slow-moving impoundments in formerly free-flowing reaches. Not
only are these altered habitats less suitable for spawning and rearing
of Atlantic salmon, they may also favor nonnative competitors such as
smallmouth bass (Micropterus dolomieu) over native species such as
brook trout (Salvelinus fontinalis) and American shad (Alosa
sapidissima). Fish passage inefficiency also leads to direct mortality
of Atlantic salmon. Upstream passage effectiveness for anadromous fish
species never reaches 100 percent, and substantial mortality and
migration delays occur during downstream passage events through screen
impingement and turbine entrainment. The cumulative losses of smolts,
in particular, incrementally diminish the productive capacity of
freshwater rearing habitat above hydroelectric dams. Comprehensive
discussions of the impacts of dams are presented in sections 8.1, 8.3,
and 8.5.4 of Fay et al. (2006) and NRC (2004).
As supported by the information in the Status Review, we find that
the threat of dams and their inter-related effects on freshwater salmon
habitat is one of the three (in addition to the inadequacy of existing
regulatory mechanisms for dams (see discussion in Factor D below) and
the low marine survival, (see discussion in Factor E below) most
influential stressors
[[Page 51422]]
negatively affecting the persistence of the GOM DPS.
Some forest, agricultural, and other land use practices have
reduced habitat complexity within the range of the GOM DPS of Atlantic
salmon. Large woody debris (LWD) and large boulders are currently
lacking from many rivers because of historic practices. When present,
LWD and large boulders create and maintain a diverse variety of habitat
types. Large trees were harvested from riparian areas; this reduced the
supply of LWD to channels. In addition, any LWD and large boulders that
were in river channels were often removed in order to facilitate log
drives. Historical forestry and agricultural practices were likely the
cause of currently altered channel characteristics, such as width-to-
depth ratios (i.e., channels are wider and shallower today than they
were historically). Channels with large width-to-depth ratios tend to
experience more rapid water temperature fluctuations, which is
stressful for salmon, particularly in the summer when temperatures are
warmer. Further discussions of the impacts of reduced habitat
complexity are presented in section 8.1.2 of Fay et al. (2006). Within
Factor A, we find that the threat to the persistence of the GOM DPS
from reduced habitat complexity is secondary to the significant threat
posed by dams.
Habitat connectivity has been reduced because of dams and poorly
designed road crossings. Further discussions of the impacts of reduced
habitat connectivity are presented in section 8.1.2 of Fay et al.
(2006). As a highly migratory species, Atlantic salmon require a
diverse array of well-connected habitat types in order to complete
their life history. Impediments to movement between habitat types can
limit access to potential habitat and, therefore, directly reduce
survival in freshwater. In some instances, barriers to migration may
also impede recovery of other diadromous fishes as well. For example,
alewives (Alosa pseudoharengus) require free access to lakes to
complete their life history. To the extent that salmon require other
native diadromous fishes to complete their life history (see ``Depleted
Diadromous Communities'' in ``Factor E'' of this Federal Register
notice), limited connectivity of freshwater habitat types may limit the
abundance of salmon through diminished nutrient cycling, and a
reduction in the availability of co-evolved diadromous fish species
that provide an alternative prey source and serve as prey to GOM DPS
Atlantic salmon. Restoration efforts in the Machias, East Machias and
Narraguagus Rivers have improved passage at road crossings by replacing
poorly-sized and poorly-positioned culverts. However, many barriers of
this type remain throughout the GOM DPS. Within Factor A, we find that
the threat to the persistence of the GOM DPS from reduced habitat
connectivity (resulting from causes other than dams) is secondary to
the significant threat posed by dams.
A number of other human-caused perturbations continue to negatively
modify Atlantic salmon habitat within the range of the GOM DPS. Water
withdrawals that reduce water quality (e.g., temperature and dissolved
oxygen) and in-stream flows to levels that cannot sustain Atlantic
salmon populations have been documented in rivers within the range of
the GOM DPS. Elevated sedimentation from forestry, agriculture,
urbanization, and roads can reduce survival at several life stages,
most importantly egg survival, as well as alter in-stream habitat and
habitat use patterns by filling pools, and adversely affect aquatic
invertebrate populations that are an important food source for salmon.
Acid rain reduces pH in surface waters with low buffering capacity, and
reduced pH impairs osmoregulatory abilities and seawater tolerance of
Atlantic salmon smolts. A variety of pesticides, herbicides, trace
elements, and other contaminants are found at varying levels throughout
the range of the GOM DPS. These contaminants have been demonstrated to
cause lethal and sub-lethal impacts, such as impaired olfactory
capabilities, to salmon. Fay et al. (2006) provide a thorough
discussion of these habitat alterations in sections 8.1.1 and 8.1.3.
Within Factor A, we find that the threat to the persistence of the GOM
DPS from poor water quality is secondary to the significant threat
posed by dams.
The GOM DPS of Atlantic salmon is negatively affected by ongoing
changes in its freshwater habitat as a result of land and water use
practices as considered above in Factor A. Within Factor A, we find
that dams and their inter-related effects are significant threats to
the persistence of the GOM DPS; secondary threats to the persistence of
the GOM DPS are stressors that reduce habitat connectivity (other than
dams), reduce habitat complexity, and negatively affect water quality.
We conclude that threats from dams, the inadequacy of existing
regulatory mechanism for dams (described below in Factor D), and low
marine survival (described below in Factor E), are the most influential
stressors negatively affecting the persistence of the GOM DPS.
B. Overutilization for Commercial, Recreational, Scientific, or
Educational Purposes
The GOM DPS of Atlantic salmon has supported important tribal,
recreational, and commercial fisheries. In the past, these fisheries
have been conducted throughout nearly all of the GOM DPS's habitats,
including in-river, estuarine, and off-shore (see section 8.2 of Fay et
al. (2006) for additional information regarding Overutilization as it
affects Atlantic salmon).
Atlantic salmon are an integral part of the history of Native
American tribes in Maine, particularly the PIN. The species represents
both an important resource for food, and perhaps more importantly, a
cultural symbol of the deeply engrained connection between the PIN and
the Penobscot River. In accordance with the Maine Indian Land Claims
Settlement Act, the PIN retains the right of its members to harvest
Atlantic salmon for subsistence and sustenance purposes, and to self-
regulate that harvest. The PIN has harvested only two salmon under
these provisions, and has voluntarily decided not to harvest any
Atlantic salmon since 1988, because of the depleted status of the
species.
Recreational fisheries for Atlantic salmon in Maine date back to
the early to mid-1800s. Since 1880, over 25,000 Atlantic salmon have
been landed in Maine rivers, roughly 14,000 in the Penobscot River
alone (Baum, 1997). Historically, Atlantic salmon sport anglers
practiced very little catch and release. Beginning in the 1980s as runs
decreased, the Maine Atlantic Sea Run Salmon Commission imposed
increasingly restrictive regulations on the recreational harvesting of
Atlantic salmon in Maine. The allowable annual harvest per angler for
these rivers was reduced from 10 salmon in the 1980s to 1 grilse in
1994. Angling was closed on the Pleasant River from 1986 to 1989. In
1990, a one year catch and release fishery was allowed on the Pleasant
River. In 1995, regulations were promulgated for catch and release
fishing for sea-run Atlantic salmon throughout the other Maine salmon
rivers, closing the last remaining recreational harvest opportunities
for sea run Atlantic salmon in the United States. In 2000, all directed
recreational fisheries for sea run Atlantic salmon in Maine were closed
until 2006 when a short, highly regulated, experimental catch and
release fishery was opened on the Penobscot River below Veazie Dam. The
30-day angling season began on September 15, 2006, and resulted in one
Atlantic salmon being caught and released on September 20, 2006. This
[[Page 51423]]
fishery was opened again on September 15, 2007. In 2008, the Maine
Atlantic Salmon Commission Board authorized a 30-day catch and release
fishery for the spring of 2008. This fishery poses a risk to returning
sea-run Atlantic salmon because it occurs at a time of year before
broodstock have been collected, which is essential to maintain current
levels of conservation hatchery supplementation, and would further risk
the likelihood of achieving the scientifically sound and mutually-
agreed goals set forth in the Broodstock Management Plan (P. Kurkul,
NOAA, in litt. February 1, 2008).
Poaching and incidental capture remain concerns to the status of
Atlantic salmon in Maine. Incidental capture of parr and smolts,
primarily by trout anglers, and of adult salmon, primarily by striped
bass anglers, has been documented. Targeted poaching for adult salmon
occurs at low levels as well. Low returns of adult salmon to Maine
rivers highlight the importance of continuing to reduce any source of
mortality, particularly at later life stages.
Commercial fishing for Maine Atlantic salmon historically occurred
in rivers, estuaries, and on the high seas. While most directed
commercial fisheries for Atlantic salmon have ceased, the impacts from
past fisheries are important in explaining the present low abundance of
the GOM DPS. Also, the continuation of offshore fisheries for Atlantic
salmon, albeit at reduced levels, influences the current status of the
GOM DPS.
Nearshore fisheries for Atlantic salmon in Maine were quite common
in the late 1800s. In 1888, roughly 90 metric tons (mt) of salmon were
harvested in the Penobscot River alone. As stocks continued to decline
through the early 1900s, the Maine Atlantic Sea Run Salmon Commission
closed the nearshore commercial fishery for Atlantic salmon after the
1947 season when only 40 fish (0.2 mt) were caught. Directed fisheries
for Atlantic salmon in U.S. territorial waters were further limited by
regulations implementing the Atlantic salmon fishery management plan
(FMP) in 1987 (NEFMC, 1987). These regulations prohibit possession of
Atlantic salmon in the U.S. exclusive economic zone. While nearshore
fisheries for Atlantic salmon have ceased, the impacts from past
fisheries are important in explaining the present low abundance of the
GOM DPS.
Directed fishing for other species has the potential to intercept
salmon as by-catch. Beland (1984) reported that fewer than 100 salmon
per year were caught incidental to other commercial fisheries in the
coastal waters of Maine. Recent investigations also suggest that by-
catch of Atlantic salmon in herring fisheries is not a significant
mortality source for U.S. stocks of salmon (ICES, 2004).
Offshore, directed fisheries for Atlantic salmon continue to affect
the GOM DPS, though these fisheries have been substantially reduced in
recent years. The combined harvest of 1SW Atlantic salmon of U.S.
origin in the fisheries off West Greenland and Canada averaged 5,060
fish, and returns to U.S. rivers averaged 2,884 fish from 1968 to 1989
(ICES, 1993); we estimate that roughly 87 percent of all U.S. adult
returns during the time period 1968 to 1989 originated from the GOM
DPS, and thus roughly 2,519 of the 2,884 of the above returns were to
the GOM DPS. ICES (1993) estimated that adult returns to U.S.rivers
could have potentially been increased by 2.5 times in the absence of
West Greenland and Labrador fisheries during that time period. The
United States joined with other North Atlantic nations in 1982 to form
the North Atlantic Salmon Conservation Organization (NASCO) for the
purpose of managing salmon through a cooperative program of
conservation, restoration, and enhancement of North Atlantic stocks.
NASCO achieves its goals by managing the exploitation by member nations
of Atlantic salmon that originated within the territory of other member
nations. The United States' interest in NASCO stemmed from its desire
to ensure that interception fisheries of U.S. origin fish did not
compromise the long-term commitment by the states and Federal
government to rehabilitate and restore New England Atlantic salmon
stocks. Since the establishment of NASCO in 1982, commercial quotas for
the West Greenland fishery have steadily declined, as has the abundance
of most stocks that make up this mixed stock fishery (including the GOM
DPS). Quotas have been restricted to an internal use fishery (i.e., no
fish were sold internationally) in the following years: 1998-2000;
2003-2007; and provisionally for 2008.
In addition, a small commercial fishery occurs off St. Pierre et
Miquelon, a French territory south of Newfoundland. Historically, the
fishery was very limited (2 to 3 mt per year). There is great interest
by the United States and Canada in sampling this catch to gain more
information on stock composition. In recent years, there has been a
reported small increase in the number of fishermen participating in
this fishery. A small sampling program was initiated in 2003 to obtain
biological data and samples from the catch. Genetic analysis on 134
samples collected in 2004 indicated that all samples originated from
North America, and approximately 1.9 percent were of U.S. origin. The
90-percent confidence interval around this estimate was 0-77 U.S.-
origin salmon (ICES, 2006), and since roughly 87 percent of all U.S.
returns originated from the GOM DPS in 2004 (USASAC, 2005), we estimate
that up to 67 fish harvested in this fishery originated from the GOM
DPS. Efforts to continue and increase the scope of this sampling
program are ongoing through NASCO. These data are essential to
understanding the impact of this fishery on the GOM DPS.
A multi-year conservation agreement was established in 2002 between
the North Atlantic Salmon Fund and the Organization of Hunters and
Fishermen in Greenland, effectively buying out the commercial fishery
for Atlantic salmon for a 5-year period. The internal-use fishery is
not included in the agreement. From 2002 to 2005, the internal-use
fishery harvested between 19 and 25 mt (reported and unreported catch)
annually. Genetic analysis performed on samples obtained from the 2002
to 2004 fisheries estimated the North American contribution at 64-73
percent, with the United States contributing between 0.1 and 0.8
percent of the total. The 90 percent confidence interval for the U.S.
estimates are 0 to 141 salmon in 2002, 5 to 132 salmon in 2003, and 0
to 64 salmon in 2004 (ICES, 2006). In June 2007, the agreement was
extended and revised to cover the 2007 fishing season. The agreement
may continue to be extended on an annual basis through 2013.
Overutilization for recreational and commercial purposes was a
factor that contributed to the historic declines of the GOM DPS. The
current low numbers of adult salmon in the GOM DPS magnify the negative
population effects caused by any take that occurs through commercial,
recreational, scientific or educational purposes; however, we find the
threats from overutilization (Factor B) to the persistence of the GOM
DPS are secondary to threats identified above in Factors A (dams), and
below in D (inadequacy of existing regulatory mechanisms for dams) and
E (low marine survival).
C. Disease or Predation
Fish diseases have always represented a source of mortality to
Atlantic salmon in the wild (for a more thorough discussion see section
8.3.2 of Fay et al. (2006)). Atlantic salmon are susceptible to
numerous bacterial, viral, and fungal diseases. Bacterial diseases
common to New England waters include Bacterial Kidney Disease (BKD),
Enteric
[[Page 51424]]
Redmouth Disease (ERM), Cold Water Disease (CWD), and Vibriosis (Mills,
1971; Gaston, 1988; Olafsen and Roberts, 1993; Egusa, 1992). To reduce
the likelihood of disease outbreaks or epizootic events, cultured
salmon used for aquaculture purposes routinely receive vaccinations for
these pathogens prior to stocking into marine sites. Fungal diseases
such as Furunculosis can affect all life stages of salmon in both fresh
and salt water, and the causative agent (Saprolignia spp.) is
ubiquitous to most water bodies. The risk of an epizootic occurring
during fish culture operations is greater because of the increased
numbers of host animals reared at much higher densities than would be
found in the wild. In addition, stressors associated with intensive
fish culture operations (i.e., handling, stocking, tagging, and sea-
lice loads) may increase susceptibility to infections. Disease from
fish culture operations may be spread to wild salmon directly through
effluent discharge or indirectly from either escapes of cultured
salmon, or through smolts and returning adults passing through
embayments where pathogen loads are increased to a level such that
infection occurs and diseases may be transferred.
A number of viral diseases that could affect wild populations have
occurred during the culture of Atlantic salmon, such as Infectious
Pancreatic Necrosis, Salmon Swimbladder Sarcoma Virus, Infectious
Salmon Anemia (ISA), and Salmon Papilloma (Olafsen and Roberts, 1993).
In 2007, the Infectious Pancreatic Necrosis virus was isolated in sea
run fish in the Connecticut River program. It is most likely these fish
contracted the disease during their time at sea and it was detected in
the hatchery due to the rigorous fish health monitoring and assessment
protocols. ISA is of particular concern for the GOM DPS because of the
nature of the pathogen and the high mortality rates associated with the
disease. Most notably, a 2001 outbreak of ISA in Cobscook Bay led to an
emergency depopulation of all commercially cultured salmon in the bay.
In addition to complete depopulation of all cultured salmon, the MDMR
ordered all cages be thoroughly cleaned and disinfected, all sites be
fallowed for 3 months, and subsequent re-stocking of cages occur at
lower densities with only a single year class. These measures were
initially successful; however, subsequent testing for ISA has revealed
additional detections of the virus in Cobscook Bay (Maine) sites in
2003, 2004, 2005, and 2006.
Disease(s) can have devastating population-wide effects when they
occur; we find that the threat from disease (within Factor C) to the
persistence of the GOM DPS is secondary to threats identified in above
in Factors A (dams) and below in D (inadequacy of existing regulatory
mechanisms for dams), and E (low marine survival).
Predation is a natural and necessary process in properly
functioning aquatic ecosystems (for a comprehensive discussion see
section 8.3.1 of Fay et al. (2006)). Atlantic salmon have evolved a
suite of strategies that allow them to co-exist with the numerous
predators they encounter throughout their life cycle. However, natural
predator-prey relationships in aquatic ecosystems in Maine have been
substantially altered through the spread of nonnative fish species
(e.g., smallmouth bass), habitat alterations (e.g., river channel
simplification and dams), and the decline of other diadromous species
that would otherwise serve as an alternative prey source for fish that
feed on Atlantic salmon smolts and adults.
The threat of predation on the GOM DPS of Atlantic salmon is
important because of the imbalance between the very low numbers of
adults returning to spawn and the recent increase in population levels
of some native predators such as double-crested cormorants, striped
bass, and several species of seals as well as non-native predators,
such as smallmouth bass; we find that the threat from predation (within
Factor C) to the persistence of the GOM DPS is secondary to threats
identified above in Factors A (dams) and below in D (inadequacy of
existing regulatory mechanisms for dams), and E (low marine survival).
D. Inadequacy of Existing Regulatory Mechanisms
A variety of state and Federal statutes and regulations directly or
indirectly address potential threats to Atlantic salmon and their
habitat. These laws are complemented by international actions under
NASCO and many interagency agreements and state-Federal cooperative
efforts specifically designed to protect Atlantic salmon.
Implementation and enforcement of these laws and regulations could be
strengthened to further protect Atlantic salmon. State and Federal
agencies have established coordination mechanisms and joined with
private industries and landowners in partnerships for the protection of
Atlantic salmon. These partnerships will be critical to the recovery of
the species. However, there are still major threats to the GOM DPS for
which current regulatory mechanisms remain inadequate, such as dams,
water withdrawals, and degraded water quality. For further discussion
of these regulatory mechanisms, see section 8.4 of Fay et al. (2006).
Dams
Atlantic salmon require a diverse array of well connected habitat
types in order to complete their life history. Present conditions
within the range of the GOM DPS only allow salmon to access a fraction
of river miles that were historically accessible. Even where salmon can
presently access suitable habitat, they must often pass several dams to
reach their natal spawning habitat.
Most hydroelectric dams in the large watersheds of the GOM DPS
(Penobscot, Kennebec, and Androscoggin) are licensed by the Federal
Energy Regulatory Commission (FERC) under the Federal Power Act (FPA).
Currently, within the historic range of Atlantic salmon in the GOM DPS
there are 19 hydroelectric dams in the Androscoggin watershed, 18 in
the Kennebec watershed, and 23 in the Penobscot watershed. Although
Section 18 of the FPA authorizes the Services to prescribe upstream and
downstream fishways, 16 hydroelectric dams within the range of the GOM
DPS in the Androscoggin watershed are impassible due to the lack of
fishways, along with 15 dams in the Kennebec, and 12 dams in the
Penobscot. Presently, 15 dams in the Androscoggin, 7 dams in the
Kennebec, and 9 dams in the Penobscot are FERC-licensed without any
prescribed fish passage requirements. In these cases, reservations of
FPA section 18 authority are often in place that could allow fishways
to be prescribed by the Services. However, a substantial amount of
mortality and passage inefficiency would still occur even with
fishways, given that fish passage facilities are never 100 percent
efficient. In addition, implementing any new fishway prescriptions
could take several years because the FERC rehearing process must first
run its course.
Furthermore, fish passage is not the only threat to salmon caused
by hydroelectric dams. The effects of habitat degradation and the
altered environmental features that favor nonnative species pose an
equal or even greater impediment to Atlantic salmon recovery via
reduction in production capacity of freshwater rearing areas above
dams. Sections 10(a) and 10(j) of the FPA could be used by the Services
to recommend measures to minimize these effects, but these mechanisms
are largely discretionary and often not
[[Page 51425]]
required by the FERC (Black et al., 1998). Section 4(e) of the FPA
requires FERC to give equal consideration to developmental and
nondevelopmental values on Federal reservations. In other parts of the
country, section 4(e) is often used by the Services to recommend
fisheries enhancements; however, Federal lands where Section 4(e) could
be applied are rare in Maine.
For a hydropower project to be relicensed by the FERC, the State of
Maine must first certify that continued operation of the project will
comply with Maine's water quality standards pursuant to Section 401 of
the Clean Water Act. The Maine Department of Environmental Protection
(MDEP) is the certifying agency for all hydropower project licensing
and relicensings in the State of Maine, except for projects in
unorganized territories subject to permitting by the Land Use
Regulation Commission (LURC). Through the water quality certification
process, the MDEP can require fish passage and habitat enhancements at
FERC licensed hydroelectric projects.
The vast majority of dams within the range of the GOM DPS do not
require either a FERC license or MDEP water quality certificate. These
non-jurisdictional dams are typically small, non-generating dams that
were historically used for a variety of purposes, including flood
control, storage, and process water (for industries such as blueberry
harvesting). Practically all of these dams within the range of the GOM
DPS do not have fish passage facilities and impact historical Atlantic
salmon habitat. Many of these non-jurisdictional dams are no longer
used for their intended purposes; however, many smaller dams maintain
water levels in lakes and ponds. Although the MDEP can be petitioned by
the public to set minimum flows and water levels at these dams, the
MDEP has no direct statutory authority under Maine law to require
fisheries related enhancements without public request or petition.
Removal of non-hydropower generating dams in Maine may require a permit
under the Maine Natural Resources Protection Act or the Maine Waterway
Development and Conservation Act. Owners of non-hydroelectric dams can
petition the MDEP to be released from ownership; however, the MDEP does
not have the authority to require dam removal without the consent of
the owner.
We find that the threat from the inadequacy of existing regulatory
mechanisms for dams is one of the three most influential stressors, in
addition to threats from dams on freshwater salmon habitat (see
discussion in Factor A above) and low marine survival (see discussion
in Factor E below), negatively affecting the persistence of the GOM
DPS.
Water Withdrawals
Maine has made substantial progress in regulating water withdrawal
for agricultural use. Requests for water withdrawals for irrigation in
unorganized towns in Maine require approval from the LURC. In approving
any request for water withdrawals, the LURC must ensure that the action
does not cause a surface water body to be unsuitable for the existing
and designated uses of the water body or otherwise result in a
violation of state or Federal water quality laws. The State of Maine
recently approved a new rule (Chapter 587) that establishes river and
stream flows and lake and pond water levels to protect natural aquatic
life and other designated uses in Maine's waters. These rules were
passed in response to Maine statutory requirements of Title 38,
sections 470-E and 470-H, to ``establish water use standards for
maintaining in-stream flows and GPA (Great Pond Class A) lake or pond
water levels that are protective of aquatic life and other uses and
that establish criteria for designating watersheds most at risk from
cumulative water use.'' The new standards are based on natural
variation of flows and water levels, but allow variances if use will
still be protective of applicable state and Federal water quality
classifications. In addition, in 2002 the State of Maine enacted
legislation (LD 1488), referred to as the Sustainable Water Use Policy,
that requires the MDEP to work with state, regional, and local agencies
to develop water use policies that protect the environment from
excessive drawdown of water sources, including rivers, lakes, streams,
and ground water, during low flow periods, and requires major water
users to report any use that is above threshold levels. The
Commissioner of the MDEP is then required to submit a summary report on
major water uses to the legislature on an annual basis. It is unclear
how many, if any, municipalities have developed their own water use
policies and while these policies consider general effects on the
environment; no special consideration is required for the protection of
Atlantic salmon or its habitat.
We find the threat from the inadequacy of existing regulatory
mechanisms for water withdrawals to the persistence of the GOM DPS to
be secondary to the significant threat posed by dams (within Factor A
above), the inadequacy of existing regulatory mechanisms for dams
(within Factor D below), and low marine survival (within Factor E
below).
Water Quality
The MDEP issues National Pollutant Discharge Elimination System
(NPDES) permits for point source discharges from freshwater hatcheries,
municipal facilities, and other industrial facilities. Currently, we
review and comment only on NPDES permits issued to facilities that
discharge within the range of the GOM DPS as listed in 2000 (i.e.,
excluding the upper Penobscot, upper Kennebec, and Androscoggin).
Therefore, MDEP could potentially be permitting discharges that do not
minimize adverse effects on salmon populations in the larger rivers in
Maine (e.g., Penobscot). There is currently no mechanism that would
require MDEP to seek the Services' review and comments on NPDES permits
issued for river systems where populations of Atlantic salmon are not
currently listed under the ESA. An overboard discharge (OBD) is the
discharge of wastewater from residential, commercial, and publicly
owned facilities to Maine's streams, rivers lakes, and the ocean. OBDs
will continue to contribute to poor water quality throughout the State
until the regulatory phase-out is complete. The regulatory framework
for the phase-out of OBDs includes: the OBD Grant Removal Program that
awards partial or full funding to facilities to purchase an OBD
replacement system, with priority given to those OBDs that occur in
high value shellfish areas; a prohibition on licensure for new OBDs
unless the discharges were in continuous existence 12 months preceding
June 1, 1987; a requirement that the buyers of properties served by
OBDs obtain a qualified evaluation of whether the OBD can be replaced
with a non-discharging alternative system prior to the sale of the
property; and the requirement of proof, prior to license renewal, that
the OBD owner had an evaluation completed to determine whether a
technologically feasible replacement exists for an existing OBD system.
The NMFS Habitat Conservation Division has the opportunity to
comment on draft NPDES permits with respect to potential effects on
Essential Fish Habitat (EFH) under the provisions of the Magnuson-
Stevens Fishery Conservation and Management Act. Because MDEP is not
required to submit draft NPDES permits to NMFS' Habitat Conservation
Division before issuing the final permit, however NMFS' Habitat
Conservation Division does not consistently review and comment on NPDES
permits and potential effects on Atlantic salmon EFH.
[[Page 51426]]
We find the threat from the inadequacy of existing regulatory
mechanisms for water quality to the persistence of the GOM DPS to be
secondary to the significant threat posed by dams (within Factor A
above), the inadequacy of existing regulatory mechanisms for dams
(within Factor D), and low marine survival (within Factor E below).
In summary, our review of state and national regulatory mechanisms
under Factor D demonstrates that although regulatory mechanisms are in
place that should address direct and incidental take of Atlantic salmon
and conserve salmon habitat, these regulatory mechanisms are
insufficient or are not being implemented effectively to address the
needs of salmon. We find that the threat from the inadequacy of
existing regulatory mechanisms for dams is one of the three most
significant stressors negatively affecting the persistence of the GOM
DPS (in addition to the threat from dams on freshwater salmon habitat
(within Factor A) and low marine survival (within Factor E below). The
threat to the persistence of the GOM DPS as a result of the inadequacy
of regulatory mechanisms to address direct and incidental take of
salmon, water withdrawals and water quality is secondary to threats
from dams (within Factor A above), the inadequacy of existing
regulatory mechanisms for dams (within Factor D), and low marine
survival (within Factor E below).
E. Other Natural or Manmade Factors Affecting its Continued Existence
Artificial Propagation
Hatchery supplementation through captive propagation and
maintenance of broodstocks can have positive and negative effects on
the recovery and conservation of naturally spawning salmonid
populations (see section 8.5.1 of Fay et al. (2006) for a more
comprehensive discussion). We assessed the effect of the conservation
hatchery programs in terms of the positive or negative contribution of
the program to recovery and conservation of naturally spawning Atlantic
salmon in the GOM DPS. From the following assessment, we were able to
determine how the current conservation hatchery program may influence
the extinction risk projections of the PVA. Below we describe several
ways in which hatchery supplementation reduces the risk of extinction
of the GOM DPS and also note several potential risks of reliance on the
conservation hatcheries.
The USFWS operates two hatcheries in support of Atlantic salmon
recovery efforts in Maine. Together, GLNFH and CBNFH raise and stock
over 600,000 smolts and 3.5 million fry annually. The primary focus of
the conservation hatchery program for Atlantic salmon in the GOM DPS is
to conserve the genetic legacy of Atlantic salmon in Maine until
habitats can support natural, self-sustaining populations (Bartron et
al., 2006). As such, a great deal of consideration is given to
broodstock collection, spawning protocols, genetic screening for
aquaculture escapees, and other considerations as outlined by Bartron
et al. (2006). The current program started in 1992, when a river-
specific broodstock and stocking program was implemented for rivers in
Maine (Bartron et al., 2006). This strategy complies with NASCO
guidelines for stock rebuilding (USASAC, 2005). The stocking program
was initiated for two reasons: (1) Runs were declining in every river
in Maine, and numerous studies indicated that restocking efforts are
more successful when the donor population comes from the river to be
stocked (Moring et al., 1995); and (2) The numbers of returning adult
Atlantic salmon to the rivers were very low, and artificial propagation
had the potential to increase the number of juvenile fish in the river
through fry and other early life stage stocking. Current practices of
fry, parr, and smolt stocking as well as recovery of parr for hatchery
rearing ensure that river-specific brood stock is available for future
production.
Atlantic salmon from the Narraguagus, Pleasant, Sheepscot, Machias,
East Machias, and Dennys populations are maintained at CBNFH (Bartron
et al., 2006) in East Orland, Maine. Additionally, adult Atlantic
salmon are trapped at the Veazie Dam on the Penobscot River,
transferred to CBNFH, and held until spawning in the fall of each year.
Adult Atlantic salmon (with the exception of the Penobscot River) are
maintained in one of six river-specific broodstock rooms. Within each
broodstock room, adults are maintained separately by capture year.
Capture year is defined as the year parr were collected from a river.
Each capture year may represent one to two year classes. In addition,
fully captive lines, or ``pedigree lines,'' can be and are implemented
when the recovery of parr from the river environment is expected to be
low to ensure future spawning stock is available (Bartron et al.,
2006). Pedigree lines are established at the time of stocking, where a
proportional representation of each family from a particular river-
specific broodstock is retained in the hatchery while the rest of the
fry are stocked into the river. If parr are recovered from the fry
stocking for the pedigree lines, individuals are screened to determine
origin and familial representation and are integrated into the pedigree
line to maintain some component of natural selection.
The goals of the captive propagation program include maintenance of
the unique genetic characteristics of each river-specific broodstock
and maintenance of genetic diversity within each broodstock (Bartron et
al., 2006). Evaluation of estimates of genetic diversity within captive
populations, such as average heterozygosity, relatedness, and allelic
diversity and frequency are monitored within the hatchery broodstocks
according to the CBNFH Broodstock Management Plan (Bartron et al.,
2006).
In summary, hatchery supplementation positively influences
extinction risk projections (i.e., reduces the chances of extinction)
for the GOM DPS through the following mechanisms:
1. A rigorous genetic screening program reduces the risks of
outbreeding depression that may otherwise result from aquaculture
escapees or their progeny being integrated into the genome of the GOM
DPS;
2. The effective use of spawning protocols preserves genetic
variation inherent in each of the genetically unique river populations
maintained at CBNFH, ensures the long-term maintenance of genetic
variation, and minimizes the potential for inbreeding or domestication
selection and associated reductions in fitness in the wild;
3. The use of captive broodstock from seven separate populations
reduces the risks of random environmental and demographic events;
4. The use of pedigree lines for those populations most at risk
reduces the chance of catastrophic loss of an entire population;
5. Stocking of juveniles into rivers significantly reduces the
risks of catastrophic loss at CBNFH. That is, if a catastrophic loss of
one or more captive broodstock lines occurred at CBNFH, a component of
the genetic variability lost could be recovered by collecting parr for
broodstock;
6. Stocking of large numbers of smolts (Penobscot and Narraguagus)
enhances adult returns, thus reducing demographic risks;
7. Stocking large numbers of smolts (Penobscot and Narraguagus)
reduces the risks of catastrophic loss because at least one cohort is
always at sea and could be collected as broodstock in case of a
catastrophic event in freshwater
[[Page 51427]]
(e.g., a large contaminant spill) or in a hatchery (e.g., disease
outbreak).
In evaluating the overall effect of hatchery supplementation to the
extinction risk analysis presented by Fay et al. (2006), the potential
negative effects of hatchery supplementation must also be carefully
considered. The potential negative effects of hatchery supplementation
include competition, artificial selection, inbreeding depression, and
outbreeding depression.
Competition between hatchery-reared and wild Atlantic salmon is not
well researched. Competition could occur between wild and hatchery
juveniles (i.e., competition for food and space) or between wild and
hatchery adults (i.e., competition for redd sites). To minimize
competitive interactions that may occur between juveniles, fry are
stocked at least 50 m from any known redd. At this time, competition
for redd sites between wild and hatchery-reared salmon appears to be
minimal, because there are substantial amounts of accessible yet unused
spawning habitat throughout the range of the GOM DPS given the low
abundance of returning adults in the GOM DPS.
Over the long term, artificial selection for the hatchery
environment is considered a threat to survival. As pedigree lines
become established, natural selection from fry to parr stage may no
longer be incorporated into the life cycle if parr are not recovered in
numbers sufficient for broodstock and spawning requirements. Over time,
this process could result in a population that is well adapted to the
artificial environment and poorly adapted to the natural environment;
this form of artificial selection is widely know as domestication
selection (Hey et al., 2005).
Both inbreeding depression and outbreeding depression are widely
accepted as potential risks in artificial propagation programs. As
population sizes decrease, and the potential for mating related
individuals increase, the threat of inbreeding in a population also
increases. Inbreeding may also decrease overall fitness of a population
(Spielman et al., 2004; Lynch and O'Hely, 2001), reducing the long-term
population viability and therefore inhibiting the success of
restoration and recovery efforts. Of similar concern is the threat of
outbreeding depression, and decreased fitness resulting from the mating
of individuals from significantly genetically different populations.
Although actions are implemented to minimize these risks (see
Bartron et al., 2006), many risks cannot be fully removed from the
captive propagation program, including potential risks that are
currently unknown or cannot be managed against.
The conservation hatchery program for the GOM DPS Atlantic salmon
in Maine is currently limited by capacity at CBNFH and GLNFH.
Incorporating river-specific broodstocks for additional populations is
currently limited by space and biosecurity constraints. Location of the
six currently maintained river-specific broodstocks at a single
facility (CBNFH) is thus considered a risk due to the possibility of a
catastrophic event (such as disease, loss of electricity, or loss of
funding for hatcheries), which could result in the loss of one or all
of the river-specific broodstocks.
The positive and negative effects of hatchery supplementation have
been reviewed by the National Research Council (NRC, 2004), Fay et al.
(2006), and the Sustainable Ecosystems Institute (SEI, 2007). The
review by SEI in 2007 was rigorous, specifically focusing on current
hatchery operations, protocols, and practices and whether these
practices are being implemented in the most scientifically sound manner
to support recovery of Atlantic salmon in the GOM DPS. The overall
recommendation from SEI with respect to the current river-specific
program was that the river-specific integrity of the existing salmon
populations should be retained, and there is no reason to depart from
the river-specific nature of recovery and enhancement strategies
without further extensive research on the fitness consequences of any
potential alternative (SEI, 2007). While SEI was supportive overall of
the current river-specific genetic maintenance program, it questioned
the role the hatcheries play in increasing self-sustaining populations
in the wild, and thus the contribution of the program to the recovery
of the GOM DPS of Atlantic salmon. In short, SEI concluded that
insufficient information is available to conclude whether
supplementation significantly contributes to recovery objectives, aside
from preservation of genetic diversity.
After considering both the positive and negative effects of
hatchery supplementation, we conclude that the overall effect of the
hatchery programs designed to conserve the genetic legacy of Atlantic
salmon in Maine and lead to recovery is to reduce the extinction risk
of the GOM DPS. Currently the GOM DPS is largely sustained by
artificial propagation, therefore, artificial propagation through
conservation hatcheries is essential for the persistence of the GOM DPS
despite the risks from artificial propagation. The risks of competition
between hatchery-reared and naturally-reared salmon appear to be
minimal at this time, as do the risks of domestication selection,
inbreeding depression, and outbreeding depression (Fay et al., 2006),
although the historical loss of diversity cannot be dismissed (Lage and
Kornfield, 2006). Further, we consider the hatchery-dependent
populations that are maintained at CBNFH and GLNFH essential for
recovery of the GOM DPS because the hatchery populations contain a high
proportion of the genetic diversity remaining in the GOM DPS.
However, we believe the current conservation hatchery program must
be improved to further recovery of the GOM DPS. We recognize that SEI
(2007) questioned the role the hatcheries play in increasing self-
sustaining populations in the wild, and thus the contribution of the
program to the recovery of the GOM DPS. In particular, the program
should be expanded to include more assessment and evaluation of
hatchery fish in the wild to understand how hatchery-origin fish can
effectively contribute to increasing wild populations. Hatchery
supplementation of the GOM DPS is currently important in maintaining
genetic diversity levels. However, even with hatchery supplementation,
the GOM DPS remains at extremely low levels (less than 150 naturally-
reared spawning adults in the GOM DPS in 2006).
Aquaculture
Atlantic salmon that escape from farms and commercial hatcheries
pose a threat to native Atlantic salmon populations (Naylor et al.,
2005) because captive-reared fish are selectively bred to promote
behavioral and physiological attributes desirable in captivity (Hindar
et al., 1991; Utter et al., 1993; Hard et al., 2000); for further
discussion of the threat of aquaculture see section 8.5.2 in Fay et al.
(2006)). Experimental tests of genetic divergence between farmed and
wild salmon indicate that farming generates rapid genetic change as a
result of both intentional and unintentional selection in culture and
that those changes alter important fitness-related traits (McGinnity et
al., 1997; Gross, 1998). Consequently, aquaculture fish are often less
fit in the wild than naturally produced salmon (Fleming et al., 2000).
Annual invasions of escaped adult aquaculture salmon have the potential
to disrupt local adaptations and reduce genetic diversity of wild
populations (Fleming et al., 2000). Bursts of immigration also disrupt
genetic differentiation among wild Atlantic salmon stocks, especially
when wild populations are small (Mork, 1991).
[[Page 51428]]
Natural selection may be able to purge wild populations of maladaptive
traits but may be less able to if the intrusions occur year after year.
Under this scenario, population fitness is likely to decrease as the
selection from the artificial culture operation overrides wild
selection (Hindar et al., 1991; Fleming and Einum, 1997), a process
called outbreeding depression. The threat of outbreeding depression is
likely to be greater in North America where aquaculture salmon have
been based, in part, on European Landcatch strain. To minimize these
risks, the use of non-North American strains of salmon has been phased
out in the United States.
In addition to genetic effects, escaped farmed salmon can disrupt
redds of wild salmon, compete with wild salmon for food and habitat,
transfer disease or parasites to wild salmon, and degrade benthic
habitat (Windsor and Hutchinson, 1990; Saunders, 1991; Youngson et al.,
1993; Webb et al., 1993; Clifford et al., 1997). Farmed salmon have
been documented to spawn successfully, but not always at the same time
as wild salmon (Lura and Saegrov, 1991; Jonsson et al., 1991; Webb et
al., 1991; Fleming et al., 1996). Late spawning aquaculture fish could
limit wild spawning success through redd superimposition. There has
also been recent concern over potential interactions when wild adult
salmon migrate past closely spaced cages, creating the potential for
behavioral interactions, disease transfer, or interactions with
predators (Lura and Saegrov, 1991; Crozier, 1993; Skaala and Hindar,
1997; Carr et al., 1997; DFO, 1999). In Canada, the survival of wild
postsmolts moving from Passamaquoddy Bay to the Bay of Fundy was
inversely related to the density of aquaculture cages (DFO, 1999).
The development and expansion of Atlantic salmon aquaculture has
occurred in the North Atlantic since the early 1970s. Production of
farmed Atlantic salmon in 2003 was estimated at over 1.1 million tons
(1.1 metric tons (mt)) worldwide, 761,752 tons (773,976 mt) in the
North Atlantic, and 6,435 tons (6,538 mt) in Maine (ICES, 2004). The
Maine Atlantic salmon aquaculture industry is concentrated in Cobscook
Bay near Eastport, Maine. The industry in Canada, just across the
border, is approximately twice the size of the Maine industry. Five
freshwater commercial hatcheries in the United States have provided
smolts to the sea cages and produce up to four million smolts per year.
Three primary broodstock lines have been used for farm production.
The lines include fish from the Penobscot River, St. John River, and
historically an industry strain from Scotland. The Scottish strain was
imported into the United States in the early 1990s and is composed
primarily of Norwegian strains, frequently referred to as Landcatch. In
recent years, milt of Norwegian origin has been imported by the
industry from Iceland (Baum, 1998). However, placement of
reproductively viable non-North American origin Atlantic salmon into
marine cages in the United States has been eliminated.
Escaped farmed salmon are known to enter Maine rivers. For example,
at least 17 percent (14 of 83 fish) of the rod catch in the East
Machias River were captive-reared adults in 1990. In addition to the
frequency and magnitude of escape events that drive annual variability,
returns of captive-reared adults to Maine rivers are influenced by the
amount of production and proximity of rearing sites in adjacent bays.
About 60 percent of commercial salmon production in Maine occurs at
sites on Cobscook and Passamaquoddy Bays, into which the Dennys and St.
Croix (not a part of the GOM DPS) Rivers flow; 35 percent on Machias
Bay and the estuary of the Little River, within seven miles of the
Machias and East Machias Rivers; and the remainder on the estuaries of
the Pleasant and Narraguagus Rivers, or adjacent to Blue Hill Bay. The
percentage of captive-reared fish in adult returns is highest in the
St. Croix (not a part of the GOM DPS) and Dennys Rivers and lowest in
the Penobscot River (less than 0.01 percent in the years 1994 to 2001),
with the Narraguagus runs having low and sporadic proportions of
captive-reared salmon.
A large escape event also occurred in 2005 when four marine salmon
aquaculture sites in Western New Brunswick, Canada, were vandalized
from early May through November 2005, resulting in approximately
136,000 escaped farmed salmon. Most escapees were unmarked 1SW salmon
of similar size (2-5 kg). Escaped aquaculture-origin salmon from these
vandalism events entered the Dennys River and possibly other Eastern
Maine rivers in 2005. The Services and MDMR are cooperatively
implementing a program to minimize genetic and ecological risks from
this escape (Bean et al., 2006).
Aquaculture escapees and resultant interactions with native stocks
are expected to continue to occur within the range of the GOM DPS given
the continued operation of farms. While recent containment protocols
have greatly decreased the incidence of losses from hatcheries and
pens, the risk of large escapes occurring is still significant. Escaped
farmed fish are of great concern in Maine because, even at low numbers,
they can represent a substantial portion of the returns to some rivers.
Wild populations at low levels are particularly vulnerable to genetic
intrusion or other disturbance caused by escapees (Hutchings, 1991;
DFO, 1999).
Despite the concerns with aquaculture described above, recent
advances in containment and marking of aquaculture fish limit the
negative impacts of aquaculture fish with the GOM DPS. Permit
conditions required by the Army Corps of Engineers (ACOE) and MDEP
require genetic screening to ensure that only North American strain
salmon are used in commercial aquaculture, require marking to
facilitate tracing fish back to the source and cause of the escape,
containment management plans and audits, and rigorous disease
screening. Given these conditions, within Factor E we find the threat
from aquaculture to the persistence of the GOM DPS to be secondary to
the significant threat posed by low marine survival, described below.
If these measures were no longer in place or were less protective, the
threat from aquaculture would be much greater.
Low Marine Survival
Large changes in marine survival are known to have occurred
recently. Marine survival rates since 1991 continue to be low for U.S.
stocks of Atlantic salmon, (see section 8.5.3 of Fay et al. (2006)).
Natural mortality in the marine environment can be attributed to four
general sources: predation, starvation, disease/parasites, and abiotic
factors. While our understanding of the marine ecology of Atlantic
salmon has increased substantially in the past decade, the factors
responsible for reduced marine survival remain unclear. In general,
return rates for Atlantic salmon across North America have declined
over the last 30 years (ICES 1998). Reported Atlantic salmon marine
survival rates prior to the 1990s ranged from zero to twenty percent
(Bley and Moring, 1988). For the period 2001 to 2005, 2SW return rates
for wild Narraguagus River smolts ranged from 0.2 to 1.2 percent.
Return rates for this same period for 2SW hatchery Penobscot River
smolts ranged from 0.06 to 0.17 percent (ICES, 2006). Chaput et al.
(2005) reported on the possibility of a phase (or regime) shift of
productivity for Atlantic salmon in the Northwest Atlantic. Strong
evidence is
[[Page 51429]]
presented to support a decrease in the recruit-per-spawner relationship
for North American Atlantic salmon populations that likely occurred
over several years in the late 1980s through early 1990s. The concept
of phase shift has previously been documented and discussed for Pacific
salmon populations (Beamish et al., 1999). Chaput et al. (2005) did not
speculate on the causes of this shift. Friedland et al. (2005)
summarized numerous studies that suggest that climate mediates marine
survival for Atlantic salmon as well as other fish species.
In summary, marine survival is critical to shaping recruitment
patterns in Atlantic salmon and causing the subsequent low abundance of
adult salmon; however, the mechanisms of the observed persistent
decline in marine survival remain unknown. We find that low marine
survival is a significant threat to the persistence of the GOM DPS. We
conclude that low marine survival, dams and their inter-related effects
(described in Factor A, above), and the inadequacy of existing
regulatory mechanisms for dams (Factor D, above) are the most
influential stressors negatively affecting the persistence of the GOM
DPS.
Depleted Diadromous Communities
The ecological setting in which Maine Atlantic salmon evolved is
considerably different than what exists today. Ecological changes that
have occurred over the last 200 years are ubiquitous and span a wide
array of spatial and temporal scales. Of particular concern for
Atlantic salmon recovery efforts within the range of the GOM DPS is the
dramatic decline observed in the diadromous fish community. At historic
abundance levels, Fay et al. (2006) and Saunders et al. (2006)
hypothesize that several of the co-evolved diadromous fishes may have
provided substantial benefits to Atlantic salmon through at least four
mechanisms: serving as an alternative prey source for salmon predators;
serving as prey for salmon directly; depositing marine-derived
nutrients in freshwater; and increasing substrate diversity of rivers.
Following is a brief description of each mechanism.
Fay et al. (2006) and Saunders et al. (2006) hypothesized that the
historically large populations of clupeids (i.e., members of the family
Clupeidae, such as alewives, blueback herring, and American shad)
likely provided a robust alternative forage resource (or prey buffer)
for opportunistic native predators of salmon during a variety of events
in the salmon's life history. First, pre-spawn adult alewives likely
served as a prey buffer for migrating Atlantic salmon smolts. Evidence
for this relationship includes significant spatial and temporal overlap
of migrations, similar body size, numbers of alewives that exceeded
salmon smolt populations by several orders of magnitude (Smith, 1898;
Collette and Klein-MacPhee, 2002), and a higher caloric content per
individual (Schulze, 1996); alewives were thus likely a substantial
alternative prey resource (i.e., prey buffer) that protected salmon
smolts from native predators such as cormorants, otters, ospreys, and
bald eagles within sympatric migratory corridors (Mather, 1998; USASAC,
2004). Second, adult American shad likely provided a similar prey
buffer to potential predation on Atlantic salmon adults by otters and
seals. Pre-spawn adult shad would enter these same rivers and begin
their upstream spawning migration at approximately the same time as
adult salmon. Historically, shad runs were considerably larger than
salmon runs (Atkins and Foster, 1869; Stevenson, 1898). Thus, native
predators of medium to large size fish in the estuarine and lower river
zones could have preyed on these 1.5 to 2.5 kg size fish readily.
Third, juvenile shad and blueback herring may have represented a
substantial prey buffer from potential predation on Atlantic salmon fry
and parr by native opportunistic predators such as mergansers, herons,
mink, and fallfish. Large populations of juvenile shad (and blueback
herring, with similar life history and habitat preferences to shad)
would have occupied main stem and larger tributary river reaches
through much of the summer and early fall. Juvenile shad and herring
would ultimately emigrate to the ocean, along with juvenile alewives
from adjacent lacustrine habitats, in the late summer and fall.
Recognizing that the range and migratory corridors of these juvenile
clupeids would not be precisely sympatric with juvenile salmon habitat,
there nonetheless would have been a substantial spatial overlap amongst
the habitats and populations of these various juvenile fish stocks.
Even in reaches where sympatric occupation by juvenile salmon and
juvenile clupeids may have been low or absent, factors such as predator
mobility and instinct driven energetic efficiency (i.e., optimal
foraging theory) need to be considered since the opportunity for prey
switching would have been much greater than today, and the opportunity
for prey switching may produce stable predator-prey systems with
coexistence of both prey and predator populations (Krivan, 1996).
At historical abundance levels, other diadromous species also
represented significant supplemental foraging resources for salmon in
sympatric habitats. In particular, anadromous rainbow smelt are known
to be a favored spring prey item of Atlantic salmon kelts (a life stage
after Atlantic salmon spawn; Cunjak et al., 1998). A 1995 radio tag
study found that Miramichi River (New Brunswick, Canada) kelts showed a
net upstream movement shortly after ice break-up (Komadina-Douthwright
et al., 1997). This movement was concurrent with the onset of upstream
migrations of rainbow smelt (Komadina-Douthwright et al., 1997). In
addition, Moore et al. (1995) suggested that the general availability
of forage fishes shortly after ice break-up in the Miramichi could be
critical to the rejuvenation and ultimate survival of kelts as they
prepared to return to sea. Kelts surviving to become repeat spawners
are especially important due to higher fecundity (Baum, 1997; NRC,
2004). The historical availability of anadromous rainbow smelt as
potential kelt forage in lower river zones may have been important in
sustaining the viability of this salmon life stage. Conversely, the
broad declines in rainbow smelt populations may be partially
responsible for the declining occurrence of repeat spawners in Maine's
salmon rivers.
Historically, the upstream migrations of large populations of adult
clupeids, sea lamprey and salmon themselves, provided a conduit for the
import and deposition of biomass and nutrients of marine origin into
freshwater environments. Mechanisms of direct deposition included
discharge of urea, discharge of gametes on the spawning grounds, and
deposition of post-spawn adult carcasses (Durbin et al., 1979).
Migrations and other movements of mobile predators and scavengers of
adult carcasses likely resulted in further distribution of imported
nutrients throughout the freshwater ecosystem. Conversely, juvenile
outmigrants of these sea-run species represented a massive annual
outflux of forage resources for Gulf of Maine predators, while also
completing the cycle of importing base nutrients back to the ocean
environment. These types of diffuse mutualism are only recently being
recognized (Hay et al., 2004). Sea lampreys also likely played a role
in nutrient cycling. Lampreys prefer spawning habitat that is very
similar (location and physical characteristics) to that used by
spawning Atlantic salmon (Kircheis, 2004). Adult lampreys spawn in late
spring, range in weight from 1 to
[[Page 51430]]
2 kg, and experience 100 percent post-spawning mortality on spawning
grounds (semelparous). This results in the deposition of marine-origin
nutrients at about the same time that salmon fry would be emerging from
redds and beginning to occupy adjacent juvenile production habitats.
These nutrients would likely have enhanced the primary production
capability of these habitats for weeks or even months after initial
deposition, and would gradually be transferred throughout the trophic
structure of the ecosystem, including those components most important
to juvenile salmon (e.g., macroinvertebrate production).
Sea lampreys likely provide an additional benefit to Atlantic
salmon spawning activity in sympatric reaches. In constructing their
nests, lamprey carry stones from other locations and deposit them
centrally in a loose pile within riffle habitat and further utilize
body scouring to clean silt off stones already at the site (Kircheis,
2004). Ultimately, a pile of silt-free stones as deep as 25 cm and as
long as a meter is formed (Leim and Scott, 1966; Scott and Scott,
1988), into which the lamprey deposit their gametes. The stones
preferred by lampreys are generally in the same size range as those
preferred by spawning Atlantic salmon. Thus, lamprey nests can be
attractive spawning sites for Atlantic salmon (Kircheis, 2004).
Kircheis (2004) also notes the lamprey's silt-cleaning activities
during nest construction that may improve the ``quality'' of the
surrounding environment with respect to potential diversity and
abundance of macroinvertebrates, a primary food item of juvenile
salmon.
Thus, depleted diadromous fish communities have likely played an
important role in the continued declines of the GOM DPS of Atlantic
salmon. Conversely, if diadromous populations can be restored, the
ecological functions those species confer may simultaneously be
restored. In summary, within Factor E, we find the threat from depleted
diadromous fish communities to the persistence of the GOM DPS to be
secondary to the significant threat posed by low marine survival,
described above.
Competition
Prior to 1800, the resident riverine fish communities in Maine were
relatively simple, consisting of brook trout, cusk, white sucker, and a
number of minnow species. Today, Atlantic salmon co-exist with a
diverse array of nonnative resident fishes, including brown trout,
largemouth bass, smallmouth bass, and northern pike (MDIFW, 2002). The
range expansion of nonnative fishes is important, given evidence that
niche shifts may follow the addition or removal of other competing
species (Fausch, 1998). For example, in Newfoundland, Canada, where
fish communities are simple, Atlantic salmon inhabit pools and lakes
that are generally considered atypical habitats in systems where there
are more complex fish communities (Gibson, 1993). Use of lacustrine (or
lake) habitat, in particular, can increase smolt production (Matthews
et al., 1997). Conversely, if salmon are excluded from these habitats
through competitive interactions, smolt production may suffer (Ryan,
1993). Even if salmon are not completely excluded from a given habitat
type, they may select different, presumably sub-optimal, habitats in
the presence of certain competitors (Fausch, 1998). Thus, competitive
interactions may limit Atlantic salmon production through niche
constriction (Hearn, 1987). The continued range expansion of nonnative
species (e.g., smallmouth bass, brown trout, and rainbow trout) is of
particular concern since these species often require similar resources
as salmon and are therefore expected to be competitors for food and
space (for a comprehensive discussion of the effects of competition on
Atlantic salmon see section 8.3.3 of Fay et al. (2006)). In summary,
within Factor E, we find the threat from competition to the persistence
of the GOM DPS to be secondary to the significant threat posed by low
marine survival, described above.
Climate Change
Global climate change may also affect thermal regimes within the
range of the GOM DPS (see section 8.1.4 of Fay et al. (2006)). Within
the range of the GOM DPS, spring runoff has become earlier, water
content in snow pack for March and April has decreased, and the
duration of river ice has become shorter (Dudley and Hodgkins, 2002).
For Atlantic salmon specifically, Juanes et al. (2004) suggest that
observed changes in adult run timing may be a response to global
climate change. While some physiological changes at the individual
level are quite predictable when changes in temperature are known, the
interactions between individuals, populations, and species are
impossible to predict at this time given we do not understand how or to
what degree climate change may or may not affect the freshwater and
marine environment of the GOM DPS. At this time we do not have enough
information to determine whether climate change is a threat to the
persistence of the GOM DPS.
In summary, of the threats described under Factor E, we find that
low marine survival is a significant threat to the persistence of the
GOM DPS given that marine survival is a vital component of Atlantic
salmon demographics. Aquaculture, depleted diadromous communities, and
competition (particularly with nonnative fish) are secondary threats to
the continued existence of the GOM DPS; we do not have enough
information at this time to evaluate how climate change may or may not
affect the persistence of the GOM DPS. Artificial propagation poses
risks to natural populations, as described in this proposed rule.
However, given the low numbers of naturally-reared spawning adults in
the GOM DPS, a carefully managed conservation hatchery program is
essential to sustaining the GOM DPS.
Efforts Being Made to Protect the Species
Section 4(b)(1)(A) of the ESA requires the Secretary of Commerce to
make listing determinations solely on the basis of the best scientific
and commercial data available after taking into account efforts being
made to protect a species. Therefore, in making a listing
determination, we first assess a species' level of extinction risk and
identify factors that have led to its decline. We then assess existing
efforts being made to protect the species to determine if those
measures ameliorate the risks.
In judging the efficacy of existing protective efforts, we rely on
the joint NMFS-U.S. Fish and Wildlife Service (FWS) ``Policy for
Evaluation of Conservation Efforts When Making Listing Decisions''
(``PECE;'' 68 FR 15100; March 28, 2003). PECE provides direction for
the consideration of protective efforts identified in conservation
agreements, conservation plans, management plans, or similar documents
(developed by Federal agencies, state and local governments, Tribal
governments, businesses, organizations, and individuals) that have not
yet been implemented, or have been implemented but have not yet
demonstrated effectiveness. The policy articulates several criteria for
evaluating the certainty of implementation and effectiveness of
protective efforts to aid in determining whether a species should be
listed as threatened or endangered. Evaluations of the certainty an
effort will be implemented include whether: the necessary resources
(e.g., funding and staffing) are available; the requisite agreements
have been
[[Page 51431]]
formalized such that the necessary authority and regulatory mechanisms
are in place; there is a schedule for completion and evaluation of the
stated objectives; and (for voluntary efforts) the necessary incentives
are in place to ensure adequate participation. The evaluation of the
certainty of an effort's effectiveness is made on the basis of whether
the effort or plan: establishes specific conservation objectives;
identifies the necessary steps to reduce threats or factors for
decline; includes quantifiable performance measures for the monitoring
of compliance and effectiveness; incorporates the principles of
adaptive management; and is likely to improve the species' viability at
the time of the listing determination.
PECE also notes several important caveats. Satisfaction of the
above mentioned criteria for implementation and effectiveness
establishes a given protective effort as a candidate for consideration,
but does not mean that an effort will ultimately change the risk
assessment. The policy stresses that just as listing determinations
must be based on the viability of the species at the time of review, so
they must be based on the state of protective efforts at the time of
the listing determination. PECE does not provide explicit guidance on
how protective efforts affecting only a portion of a species' range may
affect a listing determination, other than to say that such efforts
will be evaluated in the context of other efforts being made and the
species' overall viability. There are circumstances where threats are
so imminent, widespread, and/or complex that it may be impossible for
any agreement or plan to include sufficient efforts to result in a
determination that listing is not warranted.
In this section, we evaluate the Penobscot River Restoration
Project (PRRP), perhaps the most significant of recent fish passage
agreements, pursuant to PECE. The PRRP is the result of many years of
negotiations between Pennsylvania Power and Light (PPL), U.S.
Department of the Interior (i.e., USFWS, Bureau of Indian Affairs,
National Park Service), Penobscot Indian Nation, the State of Maine
(i.e., Maine State Planning Office, Maine Department of Inland
Fisheries and Wildlife, and Maine Department of Marine Resources
(MDMR)), and several non-governmental organizations (NGOs; Atlantic
Salmon Federation, American Rivers, Trout Unlimited, and Natural
Resources Council of Maine, among others). If implemented, the PRRP
would lead to the removal of the two lowermost mainstem dams on the
Penobscot River (Veazie and Great Works) and would decommission the
Howland Dam and construct a nature-like fishway around it (dams with
varying levels of fish passage would still exist upstream of these
sites). This initiative would improve habitat accessibility for all
diadromous species. There is a significant effort on behalf of the
Parties and other Federal and non-Federal bodies to secure funds for
the purchase, decommissioning, and removal of the dams. However, the
certainty of funding and other necessary actions is not known at this
time. We strongly support the PRRP; however, at this time it is not
possible to state with certainty that this project will be fully
implemented. This protective effort does not as yet provide sufficient
certainty of implementation and effectiveness to counter the extinction
risk assessment conclusion that the species is in danger of extinction
throughout its range.
Finding
Regarding the petition to list the Kennebec population of Atlantic
salmon, we find that the Kennebec River population is a part of the GOM
DPS, based primarily on genetics, as described in this proposed rule.
We have carefully considered the best scientific and commercial data
available regarding the past, present and future threats faced by the
GOM DPS of the Atlantic salmon. We find that listing the GOM DPS of
Atlantic salmon, which includes the Kennebec River population, as
endangered is warranted for the reasons described below.
The proposed GOM DPS is comprised of Atlantic salmon in larger
river systems including the Androscoggin, Kennebec and Penobscot Rivers
as well as the smaller coastal rivers (Narraguagus, Machias, Sheepscot,
etc.) that were included in the DPS as listed in 2000 (65 FR 69459,
November 17, 2000). There are extremely few naturally-reared spawning
adult salmon present in the GOM DPS (117 in 2006). In 2006, 1,044 sea-
run salmon were captured in the Penobscot River, representing
approximately only ten percent of the CSE goals for the Penobscot
River; however, the vast majority of these adult returns were stocked
as smolts. With the addition of Atlantic salmon in the Penobscot and
other large rivers to the GOM DPS, the demographic security is somewhat
increased because populations that are geographically widespread are
less likely to experience spatially correlated catastrophes. However,
the numbers of naturally-reared spawning adults within the GOM DPS as
currently proposed is still quite low and the majority of returning
adults (whether naturally-reared or smolt-stocked) are found in the
Penobscot River, despite the addition of other large rivers to the DPS.
In 2006, only 15 adults returned to the Kennebec and 6 returned to the
Androscoggin. The PVA generally shows that the GOM DPS is likely to
continue to decline in terms of adult abundance and projections show
that the GOM DPS is trending towards extinction.
The GOM DPS is sustained by a carefully-managed hatchery
supplementation program. Hatchery supplementation is crucial to the
continued existence of the GOM DPS, although we recognize that reliance
on artificial propagation carries risks that cannot be completely
avoided despite managers' best efforts. We have carefully examined both
the positive and negative effects of hatchery supplementation. We have
concluded that current hatchery supplementation practices reduce the
risk of extinction of the GOM DPS. While we recognize that the
conservation hatchery programs make a significant contribution to
reducing the near term risk of extinction, they must continue to be
improved. Although hatchery supplementation of the GOM DPS is currently
important in maintaining genetic diversity levels, at this time, these
programs have not been successful at recovering or maintaining wild,
self-sustaining populations of Atlantic salmon. There is also the risk
of catastrophic loss at either or both conservation hatchery
facilities, despite managers' best efforts to reduce these risks.
Further, at the present time, there is no evidence to suggest that
marine survival will increase in the near future. In short, without
both conservation hatcheries continuing to operate and an increase in
marine survival, the risk of extinction is quite high and would be even
higher if and when broodstock goals for smolt production could not be
met.
As described above, the demographic effects of the currently low
marine survival on the GOM DPS are severe, dams limit the viability of
salmon populations through numerous and sometimes synergistic ways
(e.g., entrainment, water quality effects, fish community effects,
among others), and the existing regulatory mechanisms for dams are
inadequate. As a result, we find that Factor E (in particular) low
marine survival, Factor A (in particular, dams), and Factor D (in
particular, the inadequacy of existing regulatory mechanisms for dams)
are the three most influential factors negatively
[[Page 51432]]
affecting the persistence of the GOM DPS.
We find that threats from reduced habitat complexity, reduced
habitat connectivity, and poor water quality within Factor A;
overutilization, disease, and predation (within Factor B), inadequacy
of existing regulatory mechanisms for water withdrawals and water
quality within Factor D; and aquaculture, depleted diadromous fish
communities, and competition within Factor E to be secondary threats
compared to dams (within Factor A), low marine survival (within Factor
E) and the inadequacy of existing regulatory mechanisms for dams
(within Factor D). At this time, we do not have enough information to
determine whether climate change (within Factor E) is a threat to the
persistence of the GOM DPS. Artificial propagation through conservation
hatcheries (within Factor E) is vital to sustaining the GOM DPS at this
time despite the risks from artificial propagation. As a result, we
propose to list the GOM DPS of Atlantic salmon as endangered.
As discussed under Efforts Being Made to Protect the Species, we
cannot rely on the PRRP to offset the threats to the GOM DPS from dams
in this decision regarding listing the GOM DPS; we also recognize that
implementation of the PRRP would not alleviate the effects of dams in
place on any of the other rivers within the GOM DPS.
Available Conservation Measures
Conservation measures provided to species listed as endangered or
threatened under the ESA include recovery actions, requirements for
Federal agencies to avoid jeopardizing the continued existence of the
species, and prohibitions against taking the species, as defined in the
ESA. Recognition through listing may improve public awareness and
encourage conservation actions by Federal, state, and local agencies,
private organizations, and individuals. The ESA provides for possible
land acquisition and cooperation with the States and provides for
recovery actions to be carried out for listed species. The requirement
of Federal agencies to avoid jeopardy and the prohibitions against take
are discussed below.
Section 7(a) of the ESA, as amended, requires Federal agencies to
evaluate their actions with respect to any species that is listed as
endangered or threatened and with respect to its critical habitat, if
any is designated. Regulations implementing this interagency
cooperation provision of the ESA are codified at 50 CFR part 402.
Section 7(a)(4) requires Federal agencies to confer informally with us
on any action that is likely to jeopardize the continued existence of a
species proposed for listing or result in destruction or adverse
modification of proposed critical habitat. If a species is subsequently
listed, section 7(a)(2) requires Federal agencies to ensure that
activities they authorize, fund, or carry out are not likely to
jeopardize the continued existence of the species or destroy or
adversely modify its critical habitat. If a Federal action may affect a
listed species or its critical habitat, the responsible Federal agency
must enter into formal consultation with us under the provisions of
section 7(a)(2) of the ESA.
Several Federal agencies are expected to have involvement under
section 7 of the ESA regarding the Atlantic salmon. The Environmental
Protection Agency may be required to consult on its permitting
oversight authority for the Clean Water Act and Clear Air Act. The ACOE
may be required to consult on permits it issues under section 404 of
the Clean Water Act and section 10 of the Rivers and Harbors Act. The
FERC may be required to consult on licenses it issues for hydroelectric
dams under the FPA. The Federal Highway Administration may be required
to consult on transportation projects it authorizes, funds, or carries
out.
ESA section 9(a) take prohibitions (16 U.S.C. 1538(a)(1)(B)) apply
to all species listed as endangered. Those prohibitions, in part, make
it illegal for any person subject to the jurisdiction of the United
States to take, import or export, ship in interstate commerce in the
course of commercial activity, or sell or offer for sale in interstate
or foreign commerce any wildlife species listed as endangered, except
as provided in sections 6(g)(2) and 10 of the ESA. It is also illegal
under ESA section 9 to possess, sell, deliver, carry, transport, or
ship any such wildlife that has been taken illegally. Section 11 of the
ESA provides for civil and criminal penalties for violation of section
9 or of regulations issued under the ESA.
The ESA provides for the issuance of permits to authorize
incidental take during the conduct of activities that may result in the
take of threatened or endangered wildlife under certain circumstances.
Regulations governing permits are codified at 50 CFR 17.22, 17.23, and
17.32. Such permits are available for scientific purposes, to enhance
the propagation or survival of the species, and for incidental take in
the course of otherwise lawful activities provided that certain
criteria are met.
It is our policy, published in the Federal Register on July 1, 1994
(59 FR 34272), to identify, to the maximum extent practicable at the
time a species is listed, those activities that would or would not
likely constitute a violation of section 9 of the ESA. The intent of
this policy is to increase public awareness of the effects of the
listing on proposed and ongoing activities within a species' range.
With the original listing of the Atlantic salmon in 2000, the Services
published lists of activities that we believed were unlikely and likely
to result in a violation of section 9 (65 FR 69459; November 17, 2000);
we find that the activities identified in that listing decision
continue to apply for the GOM DPS as proposed in this rule.
The Services believe that, based on the best available information,
the following actions are unlikely to result in a violation of section
9:
(1) Possession of Atlantic salmon acquired lawfully by permit
issued by the Services pursuant to section 10 of the ESA, or by the
terms of an incidental take statement in a biological opinion pursuant
to section 7 of the ESA;
(2) Federally approved projects that involve activities such as
silviculture, agriculture, road construction, dam construction and
operation, discharge of fill material, siting of marine cages for
aquaculture, hatchery programs, and stream channelization or diversion
for which consultation under section 7 of the ESA has been completed,
and when such activity is conducted in accordance with any terms and
conditions given by the Services in an incidental take statement in a
biological opinion pursuant to section 7 of the ESA;
(3) Routine culture and assessment techniques, including the FWS'
river-specific rehabilitation program at CBNFH; and
(4) Emergency responses to disease outbreaks.
Activities that the Services believe could result in violation of
section 9 prohibitions against ``take'' of the Gulf of Maine DPS of
anadromous Atlantic salmon include, but are not limited to, the
following:
(1) Targeted recreational and commercial fishing, bycatch
associated with commercial and recreational fisheries, and illegal
harvest;
(2) The escapement of reproductively viable non-North American
strain or non-North American hybrid Atlantic salmon in freshwater
hatcheries within the DPS range;
(3) The escapement from marine cages or freshwater hatcheries of
domesticated salmon such that they are found entering or existing in
rivers within the DPS range;
[[Page 51433]]
(4) Failure to adopt and implement fish health practices that
adequately protect against the introduction and spread of disease;
(5) Siting and/or operating aquaculture facilities in a manner that
negatively impacts water quality and/or benthic habitat;
(6) Discharging (point and non-point sources) or dumping toxic
chemicals, silt, fertilizers, pesticides, heavy metals, oil, organic
wastes or other pollutants into waters supporting the DPS;
(7) Blocking migration routes;
(8) Destruction and/or alteration of the species' habitat (e.g.,
instream dredging, rock removal, channelization, riparian and in-river
damage due to livestock, discharge of fill material, operation of heavy
equipment within the stream channel, manipulation of river flow);
(9) Violations of discharge or water withdrawal permits that are
protective of the DPS and its habitat;
(10) Pesticide or herbicide applications in compliance with or in
violation of label restrictions; and
(11) Unauthorized collecting or handling of the species (permits to
conduct these activities are available for purposes of scientific
research or to enhance the propagation or survival of the DPS).
Other activities not identified here will be reviewed on a case-by-
case basis to determine if violation of section 9 of the ESA may be
likely to result from such activities. We do not consider these lists
to be exhaustive and provide them as information to the public.
Critical Habitat
Section 4(b)(2) of the ESA requires us to designate critical
habitat for threatened and endangered species ``on the basis of the
best scientific data available and after taking into consideration the
economic impact, the impact on national security, and any other
relevant impact, of specifying any particular area as critical
habitat.'' This section grants the Secretary of the Interior or of
Commerce discretion to exclude an area from critical habitat if he
determines ``the benefits of such exclusion outweigh the benefits of
specifying such area as part of the critical habitat.'' The Secretary
may not exclude areas if exclusion ``will result in the extinction of
the species.'' In addition, the Secretary may not designate as critical
habitat any lands or other geographical areas owned or controlled by
the Department of Defense, or designated for its use, that are subject
to an integrated natural resources management plan under Section 101 of
the Sikes Act (16 U.S.C. 670a), if the Secretary determines in writing
that such a plan provides a benefit to the species for which critical
habitat is proposed for designation (see section 318(a)(3) of the
National Defense Authorization Act, Public Law 108-136).
The ESA defines critical habitat under section 3(5)(A) as: ``(i)
the specific areas within the geographical area occupied by the
species, at the time it is listed, on which are found those physical or
biological features (I) essential to the conservation of the species
and (II) which may require special management considerations or
protection; and (ii) specific areas outside the geographical area
occupied by the species at the time it is listed, upon a determination
by the Secretary that such areas are essential for the conservation of
the species.''
Once critical habitat is designated, Section 7 of the ESA requires
Federal agencies to ensure they do not fund, authorize, or carry out
any actions that will destroy or adversely modify that habitat. This
requirement is in addition to the other principal section 7 requirement
that Federal agencies ensure their actions do not jeopardize the
continued existence of listed species.
The Services jointly listed the GOM DPS as endangered in 2000 but
have yet to designate critical habitat. Critical habitat will be
proposed in a separate rulemaking.
Peer Review
In December 2004, the Office of Management and Budget (OMB) issued
a Final Information Quality Bulletin for Peer Review, establishing
minimum peer review standards, a transparent process for public
disclosure of peer review planning, and opportunities for public
participation. The OMB Bulletin, implemented under the Information
Quality Act (Public Law 106-554), is intended to enhance the quality
and credibility of the Federal government's scientific information, and
applies to influential or highly influential scientific information
disseminated on or after June 16, 2005. We obtained independent peer
review of the scientific information compiled in the 2006 Status Review
(Fay et al., 2006) that supports this proposal to designate list the
GOM DPS of Atlantic salmon as endangered.
On July 1, 1994, the Services published a policy for peer review of
scientific data (59 FR 34270). The intent of the peer review policy is
to ensure that listings are based on the best scientific and commercial
data available. Prior to a final listing, we will solicit the expert
opinions of three qualified specialists, concurrent with the public
comment period. Independent specialists will be selected from the
academic and scientific community, Federal and state agencies, and the
private sector.
References
A complete list of the references used in this proposed rule is
available upon request (see ADDRESSES).
Classification
National Environmental Policy Act
Proposed ESA listing decisions are exempt from the requirement to
prepare an environmental assessment (EA) or environmental impact
statement (EIS) under the National Environmental Policy Act of 1969
(NEPA) (NOAA Administrative Order 216-6.03(e)(1); Pacific Legal
Foundation v. Andrus, 675 F. 2d 825 (6th Cir. 1981)). Thus, we have
determined that the proposed listing determination for the GOM DPS of
Atlantic salmon described in this notice is exempt from the
requirements of NEPA.
Information Quality Act
The Information Quality Act directed the Office of Management and
Budget to issue government wide guidelines that ``provide policy and
procedural guidance to federal agencies for ensuring and maximizing the
quality, objectivity, utility, and integrity of information (including
statistical information) disseminated by federal agencies.'' Under the
NOAA guidelines, this action is considered a Natural Resource Plan. It
is a composite of several types of information from a variety of
sources. Compliance of this document with NOAA guidelines is evaluated
below.
Utility: The information disseminated is intended to
describe a management action and the impacts of that action. The
information is intended to be useful to state and Federal agencies,
non-governmental organizations, industry groups and other interested
parties so they can understand the management action, its effects, and
its justification
Integrity: No confidential data were used in the analysis
of the impacts associated with this document. All information
considered in this document and used to analyze the proposed action, is
considered public information.
Objectivity: The NOAA Information Quality Guidelines
standards for Natural Resource Plans state that plans be presented in
an accurate, clear, complete, and unbiased manner. NMFS
[[Page 51434]]
and USFWS strive to draft and present proposed management measures in a
clear and easily understandable manner with detailed descriptions that
explain the decision making process and the implications of management
measures on natural resources in the Gulf of Maine and the public. This
document was reviewed by a variety of biologists, policy analysts, and
attorneys from NMFS and USFWS.
Administrative Procedure Act
The Federal Administrative Procedure Act (APA) establishes
procedural requirements applicable to informal rulemaking by Federal
agencies. The purpose of the APA is to ensure public access to the
Federal rulemaking process and to give the public notice and an
opportunity to comment before the agency promulgates new regulations.
Coastal Zone Management Act
Section 307(c)(1) of the Federal Coastal Zone Management Act of
1972 requires that all Federal activities that affect the any land or
water use or natural resource of the coastal zone be consistent with
approved state coastal zone management programs to the maximum extent
practicable. NMFS has determined that this action is consistent to the
maximum extent practicable with the enforceable policies of approved
Coastal Zone Management Programs of Maine. Letters documenting NMFS'
determination, along with the draft environmental assessment and
proposed rule, were sent to the coastal zone management program office
in Maine. A list of the specific state contacts and a copy of the
letters are available upon request.
Executive Order (E.O.) 13132 Federalism
E.O. 13132, otherwise known as the Federalism E.O., was signed by
President Clinton on August 4, 1999, and published in the Federal
Register on August 10, 1999 (64 FR 43255). This E.O. is intended to
guide Federal agencies in the formulation and implementation of
``policies that have federal implications.'' Such policies are
regulations, legislative comments or proposed legislation, and other
policy statements or actions that have substantial direct effects on
the states, on the relationship between the national government and the
states, or on the distribution of power and responsibilities among the
various levels of government. E.O. 13132 requires Federal agencies to
have a process to ensure meaningful and timely input by state and local
officials in the development of regulatory policies that have
federalism implications. A Federal summary impact statement is also
required for rules that have federalism implications. Pursuant to E.O.
13132, the Assistant Secretary for Legislative and Intergovernmental
Affairs will provide notice of the proposed action and request comments
from the appropriate official(s) in Maine.
Environmental Justice
Executive Order 12898 requires that Federal actions address
environmental justice in decision-making process. In particular, the
environmental effects of the actions should not have a disproportionate
effect on minority and low-income communities. The proposed listing
determination is not expected to have a disproportionate effect on
minority or low-income communities.
E.O. 12866, Regulatory Flexibility Act, and Paperwork Reduction Act
As noted in the Conference Report on the 1982 amendments to the
ESA, economic impacts shall not be considered when assessing the status
of a species. Therefore, the economic analysis requirements of the
Regulatory Flexibility Act are not applicable to the listing process.
In addition, this rule is exempt from review under E.O.12866. This
proposed rule does not contain a collection-of-information requirement
for the purposes of the Paperwork Reduction Act.
E.O. 13084-Consultation and Coordination with Indian Tribal Governments
E.O. 13084 requires that, if we issue a regulation that
significantly or uniquely affects the communities of Indian tribal
governments and imposes substantial direct compliance costs on those
communities, we consult with those governments or the Federal
government must provide the funds necessary to pay the direct
compliance costs incurred by the tribal governments. This proposed rule
does not impose substantial direct compliance costs on the communities
of Indian tribal governments. Accordingly, the requirements of section
3(b) of E.O. 13084 do not apply to this proposed rule. Nonetheless, we
intend to inform potentially affected tribal governments and to solicit
their input on the proposed rule. We will continue to give careful
consideration to all written and oral comments received on the proposed
rule and will continue our coordination and discussions with interested
tribes as we move forward toward a final rule.
List of Subjects
50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
record keeping requirements, Transportation.
50 CFR Part 224
Administrative practice and procedure, Endangered and threatened
species, Exports, Imports, Reporting and record keeping requirements,
Transportation.
Dated: August 27, 2008.
James W. Balsiger,
Acting Assistant Administrator for Fisheries, National Marine Fisheries
Service.
August 20, 2008.
Kenneth Stansell,
Acting Director, U.S. Fish and Wildlife Service.
For the reasons set out in the preamble, 50 CFR parts 17 and 224
are proposed to be amended as follows:
PART 17--ENDANGERED AND THREATENED WILDLIFE AND PLANTS
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.
4201-4245; Pub. L. 99- 625, 100 Stat. 3500, unless otherwise noted.
2. In Sec. 17.11(h) revise the entry for ``Salmon, Atlantic'',
which is in alphabetical order under FISHES, to read as follows:
Sec. 17.11 Endangered and threatened wildlife.
* * * * *
FISHES
[[Page 51435]]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Species
------------------------------------------------------- Historic Range Vertebrate population where Status When listed Critical habitat Special rules
Common name Scientific name endangered or threatened
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Salmon, Atlantic, Gulf of Salmo salar U.S.A., Canada, Greenland, U.S.A., ME, Gulf of Maine E .................. NA NA
Maine western Europe. Distinct Population
Segment. Includes all
anadromous Atlantic salmon
whose freshwater range
occurs in the watersheds
from the Androscoggin
northward along the Maine
coast to the Dennys River,
including all associated
conservation hatchery
populations used to
supplement natural
populations; currently,
such populations are
maintained at Green Lake
and Craig Brook National
Fish Hatcheries. Excluded
are those salmon raised in
commercial hatcheries for
aquaculture.
* * * * * * *
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 51436]]
PART 224--ENDANGERED MARINE AND ANADROMOUS SPECIES
3. The authority citation for part 224 continues to read as
follows:
Authority: 16 U.S.C. 1531-1543 and 16 U.S.C. 1361 et seq.
4. Amend the table in Sec. 224.101, by revising the entry for
``Atlantic salmon'' in the table in Sec. 224.101(a) to read as
follows:
Sec. 224.101 Enumeration of endangered marine and anadromous species.
* * * * *
(a) Marine and anadromous fish. * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Species\1\ Citation(s) for
----------------------------------------------------- Where Listed Listing Citation(s) for Critical Habitat Designation(s)
Common name Scientific name Determination(s)
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Gulf of Salmo salar U.S.A., ME, Gulf of Maine 65 FR 69469; NA
Maine Distinct Population November 17, 2000
Atlantic Segment. Includes all [INSERT FR
salmon anadromous Atlantic CITATION WHEN
salmon whose freshwater PUBLISHED AS A
range occurs in the FINAL RULE]
watersheds from the
Androscoggin northward
along the Maine coast to
the Dennys River,
including all associated
conservation hatchery
populations used to
supplement natural
populations; currently,
such populations are
maintained at Green Lake
and Craig Brook National
Fish Hatcheries. Excluded
are those salmon raised
in commercial hatcheries
for aquaculture.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. E8-20412 Filed 8-28-08; 4:15 pm]
BILLING CODE 3510-22-S