[Federal Register: January 20, 1999 (Volume 64, Number 12)] [Notices] [Page 3067-3068] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr20ja99-39] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 010799B] DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Availability of an Annual Report on Implementation of the Conservation Plan for Atlantic Salmon in Seven Maine Rivers AGENCIES: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration, Commerce; Fish and Wildlife Service (FWS), Interior. ACTION: Notice of availability; request for comments. ----------------------------------------------------------------------- SUMMARY: The State of Maine has submitted to NMFS and FWS (the Services) the draft annual report on its 1998 implementation of the Atlantic Salmon Conservation Plan for Seven Maine Rivers (Conservation Plan). DATES: Written comments should be received on or before March 8, 1999. ADDRESSES: Comments should be addressed to Mary Colligan, NMFS, Protected Resources Division, One Blackburn Drive, Gloucester, MA 01930. Written comments may also be sent by facsimile to (978) 281- 9394. FOR FURTHER INFORMATION CONTACT: Mary Colligan, NMFS, at the same address (978-281-9116) or Paul Nickerson, FWS, Region 5, Endangered Species Division, 300 Westgate Center Drive, Hadley, MA 01035 (413-253- 8615). SUPPLEMENTARY INFORMATION: The Services are soliciting comments from the public on the adequacy of the protective measures in place, implementation activities during 1998, and the effect of these protective measures on Atlantic salmon and their habitat. The Services are particularly interested in assistance in determining whether the protective measures in place, including the provisions of the Conservation Plan, remain adequate to protect the species in light of current knowledge. After public comments and comments from the Services are addressed by the State of Maine in the final annual report, the Services will update the 1995 Atlantic salmon status review. If that update indicates that the species is now in danger of extinction or likely to become endangered in the foreseeable future, the Services will promptly issue a proposed listing under the Endangered Species Act (ESA). [[Page 3068]] Availability of Documents Copies of the draft annual report on implementation of the Conservation Plan may be obtained from the individuals identified under the preceding FOR FURTHER INFORMATION CONTACT heading. Background Information On December 18, 1997, the Services withdrew a proposed rule to list a distinct population segment (DPS) of Atlantic salmon in seven Maine Rivers as ``threatened'' under the ESA (62 FR 66325). In reaching the determination, the Services considered the status of the Atlantic salmon in the seven Maine Rivers. This evaluation took into account the efforts being made to protect the species, the extent of implementation of the Conservation Plan, private and Federal efforts to restore the species, and international efforts to control ocean harvest through the North Atlantic Salmon Conservation Organization. The Services determined that ongoing actions, including those identified in the Conservation Plan, substantially reduced threats to the species and that these ongoing actions would rehabilitate the seven rivers DPS. Based on this analysis, the Services determined that the seven rivers DPS of Atlantic salmon was not likely to become endangered in the foreseeable future, and, therefore, listing under the ESA was not warranted. In addition, the Services renamed the seven rivers DPS the ``Gulf of Maine DPS'' in recognition of the possibility that other populations of Atlantic salmon could be added to the DPS in the future. The Services stated that other populations of Atlantic salmon would be added if they were found to be naturally reproducing and to have historical river-specific characteristics. The area within which populations of Atlantic salmon would be most likely to meet the criteria for inclusion was identified as ranging from the Kennebec River north to, but not including, the St. Croix River. In the withdrawal notice, the Services committed to making the annual report on Conservation Plan implementation available for review to the public in order to keep interested parties informed and to provide an opportunity for review and comment. The NMFS retained the Gulf of Maine DPS of Atlantic salmon on its list of candidate species, and the Services committed to maintaining oversight over the species under the ESA. Specifically, the Services stated that the process for listing the Gulf of Maine DPS would be reinitiated if (1) an emergency which poses a significant risk to the well-being of the Gulf of Maine DPS is identified and not immediately and adequately addressed, (2) the biological status of the Gulf of Maine DPS is such that the DPS is in danger of extinction throughout all or a significant portion of its range, or (3) the biological status of the Gulf of Maine DPS is such that the DPS is likely to become endangered in the foreseeable future throughout all or a significant portion of its range. Further, the notice stated that the circumstances described under (1), (2), and (3) could be the result of insufficient progress in implementation of the Conservation Plan; a failure to modify the Conservation Plan to address new threats or an increase in the severity of threats; a failure to modify the Conservation Plan, if necessary, to address threats facing any other populations added to the Gulf of Maine DPS in the future; or the inability of the State of Maine to address threats. The notice stated that a decision to reinitiate the listing process would be made shortly after the end of an annual reporting period. The annual review of the Conservation Plan is part of the Services' broader comprehensive review of the species' status relative to the ESA. In determining whether a species is threatened or endangered, the Services examine the effect of five factors on the species' status. These five factors are: (1) the present or threatened destruction, modification, or curtailment of habitat or range; (2) overutilization for commercial, recreational, scientific, or educational purposes; (3) disease or predation; (4) inadequacy of existing regulatory mechanisms; or (5) other natural or manmade factors affecting its continued existence. In order to assist the Services in their review, specific information is requested on how these threats may have changed in severity since December, 1997. The Services are requesting specific suggestions for appropriate modifications to the Conservation Plan and request that those suggestions be accompanied with justification as to how the proposed actions benefit Atlantic salmon. In addition to the draft annual report on the Conservation Plan, comments are requested on the adequacy of the other protective measures in place for Atlantic salmon and whether these measures remain adequate to protect the species in light of current knowledge. The principal other protective measures include the river-specific hatchery stocking program and the North Atlantic Salmon Conservation Organization (NASCO) ocean harvest agreements. All comments received, including names and addresses, will become part of the administrative record and may be made available to the public. The Services will review all comments on the draft annual report submitted by the public and provide a summary of those, along with their own comments, to the State of Maine in early March, shortly after the close of the comment period. The Services have requested a final annual report from the State of Maine by March 31, 1999. By April 30, 1999, the Services will update the 1995 Atlantic salmon status review. If that update indicates that the species is now in danger of extinction or likely to become endangered in the foreseeable future, the Services will promptly issue a proposed listing under the ESA. Dated: January 14, 1999. Ann D. Terbush, Acting Director, Office of Protected Resources, National Marine Fisheries Service. Dated: January 12, 1999. Gerry A. Jackson, Assistant Director - Ecological Services, Fish and Wildlife Service. [FR Doc. 99-1228 Filed 1-19-99; 8:45 am] BILLING CODE 3510-22-F