[Federal Register: October 19, 1999 (Volume 64, Number 201)] [Proposed Rules] [Page 56297-56298] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr19oc99-24] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 227 DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 Availability of a Status Review of the Atlantic Salmon in the Gulf of Maine Distinct Population Segment AGENCIES: National Marine Fisheries Services, National Oceanic and Atmospheric Administration, Commerce; Fish and Wildlife Service, Interior. ACTION: Notice of availability. ----------------------------------------------------------------------- SUMMARY: A Biological Review Team (Team), consisting of National Marine Fisheries Service (NMFS) and U.S. Fish and Wildlife Service (FWS) (Services) biologists, has completed a review of the status of Atlantic salmon in the Gulf of Maine distinct population segment (DPS) (Review of the Status of Anadromous Atlantic Salmon (Salmo salar) under the U.S. Endangered Species Act, July, 1999). DATES: You should request copies of the July, 1999, status review by November 18, 1999. ADDRESSES: Requests should be addressed to Mary Colligan, NMFS, Protected Resources Division, One Blackburn Drive, Gloucester, Massachusetts, 01930, or Paul Nickerson, FWS, 300 Westgate Center Drive, Hadley, MA, 01035. FOR FURTHER INFORMATION CONTACT: Mary Colligan, NMFS (978-281-9116) or Paul Nickerson, FWS (413-253-8615) at the above addresses. SUPPLEMENTARY INFORMATION: The Team has completed a review of the biological status of Atlantic salmon in the Gulf of Maine DPS, including an assessment of the adequacy of protective measures, the extent of implementation of these measures, and the effect of these measures on Atlantic salmon and their habitat. This status review is an update to the 1995 Atlantic salmon status review and indicates that, under current circumstances, it is the opinion of the Biological Review Team that the Gulf of Maine DPS is in danger of extinction. Availability of Documents You may obtain copies of the July, 1999, status review from Mary Colligan or Paul Nickerson (see ADDRESSES section). Background Information On December 18, 1997, the Services withdrew a proposed rule to list a distinct population segment of Atlantic salmon in seven Maine rivers as ``threatened'' under the Endangered Species Act of 1973, as amended (Act) (62 FR 66325). In reaching this determination, the Services considered the status of the Atlantic salmon in the seven Maine rivers. This evaluation took into account the efforts made to protect the species including the State of Maine Atlantic Salmon Conservation Plan (Conservation Plan) for the Seven Rivers, 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 these efforts substantially reduced threats to the species; that the seven rivers DPS of Atlantic salmon was not likely to become endangered in the foreseeable future; and that, therefore, listing under the Act was not warranted. The populations that constituted the seven rivers DPS were those in the Dennys, East Machias, Machias, Pleasant, Narraguagus, Ducktrap, and Sheepscot Rivers. However, the Services renamed the seven rivers DPS the ``Gulf of Maine DPS'' in recognition of the possibility that Atlantic salmon in other Maine rivers could be added to the DPS in the future. The Services stated that Atlantic salmon populations in other rivers would be added to the DPS if they were found to be naturally reproducing and have historical river-specific characteristics. The geographic area within which populations of Atlantic salmon would be likely to meet the criteria for inclusion in the DPS was identified as ranging from the lower tributaries of the Kennebec River north to, but not including, the St. Croix River. With the withdrawal of the proposed listing rule, the NMFS retained the Gulf of Maine DPS of Atlantic salmon on its list of candidate species, and the Services committed to maintaining oversight of the species. Specifically, the Services stated in the withdrawal notice 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 [[Page 56298]] future throughout all or a significant portion of its range. Further, the withdrawal notice stated that the circumstances described under (1), (2), and (3) could result from: insufficient progress in implementation of the Conservation Plan; a failure to modify the Conservation Plan to address new threat(s) or an increase in the severity of threat(s); a failure to modify the Conservation Plan, if necessary, to address threat(s) facing any other populations added to the Gulf of Maine DPS in the future; or the inability of the State of Maine to address threat(s). The notice stated that a decision to reinitiate the listing process generally would be made shortly after the end of an annual reporting period. In the withdrawal notice, the Services committed to making the State of Maine's annual report on the implementation of their Conservation Plan available for review to the public in order to keep interested parties informed and to provide an opportunity for comment. The annual review of the Conservation Plan was part of the Services' broader comprehensive review of the species' status relative to the Act. On January 20, 1999, the first State of Maine annual report on implementation of the Conservation Plan was made available for public review and comment. The Services published a Federal Register notice on that day, opening a comment period until March 8, 1999. The Services reviewed all public comments received on the draft annual report and provided a summary of those, along with their own comments, to the State of Maine in March 1999. The Services received a final revised annual report from the State of Maine on April 13, 1999. The July, 1999, Atlantic salmon status review identifies changes in species status, threats, and protection since the withdrawal notice. The updated status review states that, under current circumstances, it is the opinion of the Biological Review Team that the Gulf of Maine DPS is in danger of extinction. The status review also states that there are now at least eight rivers in the DPS range that still contain functioning populations, but at substantially reduced abundance levels. Recent survey work indicates that a naturally reproducing population that contains historic-river-specific characteristics also remains in Cove Brook and therefore warrants inclusion in the Gulf of Maine DPS. The FWS has designated the Atlantic salmon Gulf of Maine DPS as a candidate for listing. The FWS and NMFS will promptly begin preparation of a proposed rule to list this DPS of Atlantic salmon under the Endangered Species Act. Dated: September 30, 1999. Jamie Rappaport Clark, Director, U.S. Fish and Wildlife Service. Dated: October 6, 1999. Penelope D. Dalton, Assistant Administrator for Fisheries, National Marine Fisheries Service. [FR Doc. 99-27377 Filed 10-15-99; 4:24 pm] BILLING CODE 4310-55-P