[Federal Register: April 23, 2010 (Volume 75, Number 78)]
[Rules and Regulations]
[Page 21179-21189]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23ap10-9]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-R1-ES-2009-0005; 92220-1113-0000-C6]
RIN 1018-AW42
Endangered and Threatened Wildlife and Plants; Reclassification
of the Oregon Chub From Endangered to Threatened
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), are
reclassifying the federally endangered Oregon chub (Oregonichthys
crameri) to threatened status under the authority of the Endangered
Species Act of 1973, as amended (Act). This decision is based on a
thorough review of the best available scientific and commercial data,
which indicate that the species' status has improved to the point that
the Oregon chub is not currently in danger of extinction throughout all
or a significant portion of its range.
DATES: This final rule is effective on May 24, 2010.
ADDRESSES: Comments and materials received, as well as supporting
documentation used in the preparation of this final rule, are available
for inspection, by appointment, during normal business hours, at the
U.S. Fish and Wildlife Service, Oregon Fish and Wildlife Office, 2600
SE 98th Avenue, Suite 100, Portland, OR 97266; (telephone 503/231-
6179).
FOR FURTHER INFORMATION CONTACT: State Supervisor, U.S. Fish and
Wildlife Service, Oregon Fish and Wildlife Office (see ADDRESSES).
Persons who use a telecommunications device for the deaf (TDD) may call
the Federal Information Relay Service (FIRS) at 800/877-8339, 24 hours
a day, 7 days a week.
SUPPLEMENTARY INFORMATION:
Background
The purposes of the Act (16 U.S.C. 1531 et seq.) are to provide a
means whereby the ecosystems upon which endangered and threatened
species depend may be conserved and to provide a program for the
conservation of those species. A species can be listed as endangered or
threatened because of any of the following 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. When we determine that protection of
a species under the Act is no longer warranted, we take steps to remove
(delist) the species from the Federal list. If a species is listed as
endangered, we may reclassify it to threatened status as an
intermediate step before delisting; however, reclassification to
threatened status is not required in order to delist.
Section 3 of the Act defines terms that are relevant to this final
rule. An endangered species is any species that is in danger of
extinction throughout all or a significant portion of its range. A
threatened species is any species that is likely to become an
endangered species within the foreseeable future throughout all or a
significant portion of its range. A species includes any subspecies of
fish or wildlife or plants, and any distinct population segment of any
species of vertebrate fish or wildlife that interbreeds when mature.
Previous Federal Actions
In our December 30, 1982, Review of Vertebrate Wildlife for Listing
as Endangered or Threatened Species, we listed the Oregon chub as a
Category 2 candidate species (47 FR 58454). Category 2 candidates, a
designation no longer used by the Service, were species for which
information contained in Service files indicated that proposing to list
was possibly appropriate but additional data were needed to support a
listing proposal. The Oregon chub maintained its Category 2 status in
both the September 18, 1985 (50 FR 37958) and January 6, 1989 (54 FR
554) Notices of Review.
On April 10, 1990, the Service received a petition to list the
Oregon chub as an endangered species and to designate critical habitat.
The petition and supporting documentation were submitted by Dr. Douglas
F. Markle and Mr. Todd N. Pearsons, both affiliated with Oregon State
University. The
[[Page 21180]]
petitioners submitted taxonomic, biological, distributional, and
historical information and cited numerous scientific articles in
support of the petition. The petition and accompanying data described
the Oregon chub as endangered because it had experienced a 98 percent
range reduction and remaining populations faced significant threats. On
November 1, 1990, the Service published a 90-day finding indicating
that the petitioners had presented substantial information indicating
that the requested action may be warranted and initiated a status
review (55 FR 46080).
On November 19, 1991, the Service published a 12-month finding on
the petition concurrent with a proposal to list the species as
endangered (56 FR 58348). On October 18, 1993, we published a final
rule listing the Oregon chub as endangered (58 FR 53800). A 5-year
review of the Oregon chub's status was completed in February 2008 (U.S.
Fish and Wildlife Service 2008a, pp. 1-34); this review concluded that
the Oregon chub's status had substantially improved since listing, and
that the Oregon chub no longer met the definition of an endangered
species, but did meet the definition of a threatened species, under the
Act. The review, therefore, recommended that we downlist the Oregon
chub from endangered to threatened.
On March 10, 2009, the Service published a proposed rule (74 FR
10412) to designate critical habitat for the Oregon chub. The public
comment period on the proposal was open for 60 days, from March 10,
2009, to May 11, 2009. We subsequently reopened the public comment
period on the critical habitat proposal on September 22, 2009, for an
additional 30 days, ending October 22, 2009 (74 FR 48211). During the
reopened public comment period, we held a public hearing in Corvallis,
Oregon. We published a final rule designating critical habitat on March
10, 2010 (75 FR 11010).
On May 15, 2009, we published a proposed rule to reclassify the
Oregon chub from endangered to threatened (74 FR 22870). We contacted
interested parties (including elected officials, Federal and State
agencies, local governments, scientific organizations, interest groups,
and private landowners) through a press release and related fact
sheets, faxes, mailed announcements, telephone calls, and e-mails. In
addition, we notified the public and invited comments through news
releases to media outlets throughout the region, including major
newspapers (The Oregonian [Portland, OR], The Statesman-Journal [Salem,
OR], and The Register-Guard [Eugene, OR]), and television and radio
news stations. The public comment period on the proposal was open for
60 days, from May 15, 2009, to July 14, 2009.
On May 19, 2009, the Service published a notice in the Federal
Register announcing the Oregon Department of Fish and Wildlife's (ODFW)
application for an enhancement of survival permit under section
10(a)(1)(A) of the Act (74 FR 23431). The permit application included a
proposed Programmatic Safe Harbor Agreement between ODFW and the
Service (Oregon Department of Fish and Wildlife and U.S. Fish and
Wildlife Service 2009, pp. 1-30). We issued the permit on August 31,
2009. The term of the permit and agreement is 30 years. The permit
authorizes ODFW to extend incidental take coverage with assurances to
eligible landowners who are willing to carry out habitat management
measures that would benefit the Oregon chub by enrolling them under the
agreement as Cooperators through issuance of Certificates of Inclusion.
The geographic scope of the agreement includes all non-Federal
properties throughout the estimated historical distribution of the
species in the Willamette Valley (i.e., between the cities of Oregon
City and Oakridge, Oregon).
Species Information
The Oregon chub is a small minnow (Family Cyprinidae) endemic to
the Willamette River Basin in western Oregon (Markle et al. 1991, p.
288). The Oregon chub has an olive-colored back grading to silver on
the sides and white on the belly (Markle et al. 1991, p. 286). Oregon
chub are found in slack water, off-channel habitats such as beaver
ponds, oxbows, side channels, backwater sloughs, low-gradient
tributaries, and flooded marshes. These habitats usually have little or
no water flow, silty and organic substrate, and abundant aquatic
vegetation for hiding and spawning cover (Pearsons 1989, p. 12;
Scheerer and McDonald 2000, p. 9). Summer temperatures in shallow ponds
inhabited by Oregon chub generally exceed 16 degrees Celsius (C) (61
degrees Fahrenheit (F)) (Scheerer et al. 1998, p. 26). In the winter
months, Oregon chub are found buried in detritus or concealed in
aquatic vegetation (Pearsons 1989, p. 16).
Oregon chub reach maturity at about 2 years of age (Scheerer and
McDonald 2003, p. 78) and in wild populations can live up to 9 years.
Most individuals over 5 years old are females (Scheerer and McDonald
2003, p. 68). Oregon chub spawn in warm (16 to 21 degrees C (61 to 70
degrees F)) shallow water from June through August (Scheerer and
McDonald 2000, p. 10). The diet of Oregon chub collected in a May
sample consisted primarily of copepods, cladocerans, and chironomid
larvae (Markle et al. 1991, p. 288).
In the early 1990s, Oregon chub populations were found
predominantly in the Middle Fork Willamette River (Middle Fork), with a
few, small populations found in the Mid-Willamette River, Santiam
River, and Coast Fork Willamette River (Coast Fork). The species is now
well distributed throughout the Willamette Basin (in Polk, Marion,
Linn, Lane, and Benton Counties, Oregon), with populations in the
Santiam River (9 sites), Mid-Willamette River (6 sites), McKenzie River
(4 sites), Middle Fork (16 sites), and Coast Fork (3 sites) (Bangs et
al. 2008, p. 7). There are currently 19 populations that contain more
than 500 adults each; 16 of these have a stable or increasing trend
(Bangs et al. 2008, pp. 7-10).
Review of the Recovery Plan
The Service published a final recovery plan for the Oregon chub in
1998 (U.S. Fish and Wildlife Service 1998). Recovery plans are intended
to guide actions to recover listed species and to provide measurable
objectives against which to measure progress towards recovery; however,
precise attainment of the recovery criteria is not a prerequisite for
downlisting or delisting. The Oregon chub recovery plan established the
following criteria for downlisting the species from endangered to
threatened:
(1) Establish and manage 10 populations of at least 500 adults
each;
(2) All of these populations must exhibit a stable or increasing
trend for 5 years; and
(3) At least three populations must be located in each of the three
sub-basins of the Willamette River identified in the plan (Mainstem
Willamette River, Middle Fork, and Santiam River).
The recovery plan established the following criteria for delisting
(i.e., removing the species from the List of Endangered and Threatened
Wildlife):
(1) Establish and manage 20 populations of at least 500 adults
each;
(2) All of these populations must exhibit a stable or increasing
trend for 7 years;
(3) At least four populations must be located in each of the three
sub-basins (Mainstem Willamette River, Middle Fork, and Santiam River);
and
(4) Management of these populations must be guaranteed in
perpetuity.
[[Page 21181]]
Recovery actions specified in the recovery plan to achieve the
downlisting and delisting goals included managing existing sites,
establishment of new populations, research into the ecology of the
species, and public education and outreach to foster greater
understanding of the Oregon chub and its place in the natural
environment of the Willamette Basin (U.S. Fish and Wildlife Service
1998, pp. 28-44).
Recovery Plan Implementation
When we listed the Oregon chub as endangered in 1993, it was known
to occur at only nine locations within a 30-kilometer (18.6-mile) reach
of the Willamette River, representing just 2 percent of its historical
range (Markle et al. 1991, p. 288). Since 1992, the Service, ODFW, U.S.
Army Corps of Engineers (Corps), U.S. Forest Service, Oregon Parks and
Recreation Department, and Oregon Department of Transportation have
funded ODFW staff to conduct surveys for Oregon chub throughout the
Willamette Valley. ODFW has surveyed 650 off-channel habitats and small
tributaries in the Willamette River Basin (Scheerer 2007, p. 92),
greatly increasing our knowledge of the current and potential habitat
available to the Oregon chub. Other research projects have resulted in
new information on the species' habitat use, timing of spawning, and
age and growth patterns (U.S. Fish and Wildlife Service 2008a, pp. 13-
15).
The status of the Oregon chub has improved dramatically since it
was listed as endangered. The improvement is due largely to the
implementation of actions identified in the Oregon chub recovery plan.
This includes the discovery of many new populations as a result of
ODFW's surveys of the basin, and the establishment of additional
populations via successful reintroductions within the species'
historical range (Scheerer 2007, p. 97). To date, Oregon chub
populations have been introduced at 16 sites (9 in the Mainstem
Willamette sub-basin, 4 in the Middle Fork sub-basin, and 3 in the
Santiam sub-basin) (Bangs et al. 2008, p. 7). Introduced populations
have been established in suitable habitats with low connectivity to
other aquatic habitats to reduce the risk of invasion by nonnative
fishes (see Summary of Factors Affecting the Species--Factor C below
for more information) (Scheerer 2007, p. 98). At present, 7 of these
populations persist and exhibit stable or increasing trends; 2
populations were reintroduced too recently to evaluate success (i.e.,
the populations introduced in 2008 at St. Paul Ponds and Sprick Pond);
and 5 introduced populations have been extirpated or are not likely to
remain viable. Reasons for reintroduction failures include pond
desiccation, low dissolved oxygen, unauthorized introductions of
nonnative predatory fishes, and high mortality of introduced fish
(Scheerer et al. 2007, p. 2; Scheerer 2008a, p. 6; Scheerer 2009a, p.
1).
Currently, there are 38 Oregon chub populations, of which 19 have
more than 500 adults (Bangs et al. 2008, p. 7). Sixteen years have
passed since listing, and the species is now relatively abundant and
well distributed throughout much of its presumed historical range. The
risk of extinction has been substantially reduced as threats have been
managed, and as new populations have been discovered or re-established.
The Oregon chub has exceeded or met nearly all of the criteria for
downlisting to threatened described in the recovery plan. A review of
the species' current status relative to the downlisting criteria from
the Recovery Plan follows.
Downlisting Criterion 1: Establish and manage 10 populations of at
least 500 adults each. This criterion has been exceeded. There are 19
populations with more than 500 adult Oregon chub (see Table 1 below).
Downlisting Criterion 2: All 10 populations referenced in
Downlisting Criterion 1 must exhibit a stable or increasing trend for 5
years. This criterion has been exceeded; there are 16 populations with
at least 500 adults that are stable or increasing (see Table 1 below).
Scheerer et al. (2007, p. 4) defined abundance trends as increasing,
declining, stable, or not declining using linear regression of
abundance estimates over time for each population with more than 500
adult fish over the last 5 years. When the slope of this regression was
negative and significantly different from zero (P>0.10), the population
was categorized as declining. When the slope was positive and
significantly different from zero (P<0.10), the population was
categorized as increasing. When the slope was not significantly
different from zero (P>0.10), Scheerer et al. (2007, p. 4) calculated
the coefficient of variation of the abundance estimates to discriminate
between populations that were stable (i.e., low variation in population
abundance estimates) and those that were unstable but not declining
(i.e., high variation in population abundance estimates). When the
coefficient of variation was less than 1.0, the population was defined
as stable; otherwise, the population was considered unstable but not
declining (see Table 1 below).
Downlisting Criterion 3: At least three populations (which meet
downlisting criteria 1 and 2 above) must be located in each of the
three sub-basins of the Willamette River (Mainstem Willamette River,
Middle Fork Willamette, and Santiam River). This criterion has been
exceeded in two sub-basins, and is nearly accomplished in the third. In
the Mainstem Willamette River sub-basin, there are 6 populations with
500 or more Oregon chub with stable or increasing trends; in the Middle
Fork Willamette sub-basin, there are 8 populations with 500 or more
Oregon chub with stable or increasing trends; and in the Santiam River
sub-basin, there are 3 populations with 500 or more Oregon chub, but
only 2 with stable or increasing trends over the last 5 years (see
Table 1 below). Five-year trends were calculated for abundant
populations (>500 individuals for the last 5 years) only. Table 1 shows
the populations by sub-basin.
Table 1--Oregon Chub Population Estimates and Trends (From Bangs et al. 2008, p. 7)
----------------------------------------------------------------------------------------------------------------
Population
Population site name Owner \1\ estimate \2\ 5-year trend \3\
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Santiam River Sub-basin:
Foster Pullout Pond............... Corps................... 2,640 increasing.
Gray Slough....................... Private................. 660 stable.
South Stayton Pond................ ODFW.................... 1,710 .............................
Geren Island North Channel........ City of Salem........... 210 .............................
Pioneer Park Backwater............ Private................. 320 .............................
Stayton Public Works Pond......... City of Stayton......... 70 .............................
Santiam I-5 Side Channels......... ODOT.................... (2) .............................
Green's Bridge Slough............. Private................. (8) .............................
[[Page 21182]]
Santiam Easement.................. Private (with USFWS (2) .............................
easement).
Mainstem Willamette Sub-basin
(includes McKenzie River and Coast
Fork):
Ankeny Willow Marsh............... USFWS................... 36,460 increasing.
Dunn Wetland...................... Private................. 46,330 stable.
Finley Gray Creek Swamp........... USFWS................... 2,140 increasing.
Finley Cheadle Pond............... USFWS................... 3,520 increasing.
Finley Display Pond............... USFWS................... 830 increasing.
St. Paul Ponds.................... ODFW.................... (25) .............................
Muddy Creek....................... Private................. (3) .............................
Russell Pond...................... Private................. 650 stable.
Shetzline Pond.................... Private................. 130 .............................
Big Island........................ Private................. 200 .............................
Green Island...................... Private................. (12) .............................
Herman Pond....................... USFS.................... (3) .............................
Coast Fork Side Channels.......... OPRD/ODOT............... 130 .............................
Sprick............................ Private................. (12) .............................
Lynx Hollow Side Channels......... OPRD.................... (0) .............................
Middle Fork Sub-basin:
Shady Dell Pond................... USFS.................... 7,250 increasing.
E. Bristow St. Park--Berry Slough. OPRD.................... 5,460 increasing.
Dexter Reservoir RV Alcove--DEX3.. Corps................... 2,450 stable.
Wicopee Pond...................... USFS.................... 5,430 stable.
Fall Creek Spillway Ponds......... Corps................... 3,050 declining.
Buckhead Creek.................... USFS.................... 1,260 declining.
East Fork Minnow Creek Pond....... ODOT.................... 2,160 stable.
Elijah Bristow Island Pond........ OPRD.................... 550 stable.
Hospital Pond..................... Corps................... 3,680 stable.
Dexter Reservoir Alcove--PIT1..... Corps................... 680 stable.
Haws Pond......................... Private................. 280 .............................
E. Bristow St. Park--NE Slough.... OPRD.................... 230 .............................
Jasper Park Slough................ OPRD.................... (1) .............................
Elijah Bristow South Slough....... OPRD.................... (1) .............................
Middle Fk Willamette RM 198.6..... OPRD.................... (1) .............................
Middle Fk Willamette RM 199.5..... OPRD.................... (1) .............................
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\1\ Owner abbreviations: Corps = U.S. Army Corps of Engineers, USFWS = U.S. Fish and Wildlife Service, USFS =
U.S. Forest Service, ODOT = Oregon Department of Transportation, OPRD = Oregon Parks and Recreation
Department, ODFW = Oregon Department of Fish and Wildlife.
\2\ Population numbers are mark-recapture estimates except those shown in parentheses, which are the number of
fish counted.
\3\ Five-year trends were calculated for abundant populations (>500 individuals for the last 5 years) only.
Additional Conservation Measures
The Oregon Chub Working Group (Working Group) was formed in 1991.
This group of Federal and State agency biologists, academicians, land
managers, and others meet each year to share information on the status
of the Oregon chub, results of new research, and ongoing threats to the
species. The Working Group has been an important force in improving the
conservation status of the Oregon chub.
An interagency conservation agreement was established for the
Oregon chub in 1992, prior to listing (U.S. Fish and Wildlife Service
1998, p. 59). The Service, ODFW, Oregon Department of Parks and
Recreation, Corps, U.S. Bureau of Land Management, and U.S. Forest
Service are the parties to the agreement. The objectives of the
conservation agreement are to: (1) Establish a task force drawn from
participating agencies to oversee and coordinate Oregon chub
conservation and management actions, (2) protect existing populations,
(3) establish new populations, and (4) foster greater public
understanding of the species, its status, and the factors that
influence it (U.S. Fish and Wildlife Service 1998, pp. 65-66).
The Oregon chub is designated as ``Sensitive-Critical'' by ODFW.
The ``Sensitive'' species classification was created under Oregon's
Sensitive Species Rule (OAR 635-100-040) to address the need for a
proactive species conservation approach. The Sensitive Species List is
a nonregulatory tool that helps focus wildlife management and research
activities, with the goal of preventing species from declining to the
point of qualifying as ``endangered'' or ``threatened'' under the
Oregon Endangered Species Act (ORS 496.171, 496.172, 496.176, 496.182
and 496.192). Species designated as Sensitive-Critical are those for
which listing as endangered or threatened would be appropriate if
immediate conservation actions were not taken. This designation
encourages, but does not require, implementation of any conservation
actions for the species; however, other State agencies, such as the
Oregon Department of State Lands, the Water Resources Department, and
the Oregon State Marine Board, refer to the Sensitive Species List when
making regulatory decisions.
In 2009, the Service developed a programmatic Safe Harbor Agreement
with ODFW (Oregon Department of Fish and Wildlife and U.S. Fish and
Wildlife Service 2009, pp. 1-30). A Safe Harbor Agreement is a
voluntary agreement involving private or other non-Federal property
owners whose actions contribute to the recovery of species listed as
endangered or threatened under the Act. In exchange for actions that
contribute to the recovery of listed species on non-Federal lands,
participating property owners receive formal assurances from the
Service that if they fulfill the conditions of the Safe Harbor
Agreement, the Service will not
[[Page 21183]]
require any additional management activities by the participants
without their consent. In addition, at the end of the agreement period,
participants may return the enrolled property to the baseline
conditions that existed at the beginning of the agreement. The
programmatic Safe Harbor Agreement allows ODFW to work with private
landowners to establish new populations of Oregon chub on private
lands, directly advancing the recovery of the species. The permit,
authorized under section 10(a)(1)(A) of the Act, associated with the
programmatic Safe Harbor Agreement authorizes ODFW to extend incidental
take coverage with assurances to eligible landowners who are willing to
carry out habitat management measures that would benefit the Oregon
chub by enrolling them under the agreement as Cooperators through
issuance of Certificates of Inclusion.
Summary of Comments and Responses
In conformance with our policy on peer review, published on July 1,
1994 (59 FR 34270), we solicited the expert opinions of four
appropriate and independent experts following publication of the
proposed rule. We received five comment letters on the proposed rule:
four from peer reviewers and one comment letter from ODFW. All of the
reviewers were in support of the reclassification, and most recommended
only minor clarifications to the proposed rule. We have incorporated
these minor clarifications into this final rule. We received one
substantive comment, which we summarize and respond to below.
Comment: One peer reviewer agreed with the Service's proposal to
reclassify the Oregon chub as threatened, but noted that climate change
and its effects to the hydrology of the Willamette Basin were not
addressed in the proposed rule, and suggested that these issues need to
be evaluated before the Service considers delisting the Oregon chub.
Our Response: Climate change presents substantial uncertainty
regarding the future environmental conditions in the Willamette Basin.
The channelization of the Willamette River and its tributaries, and the
introduction of nonnative predatory fishes were the major factors
underlying the historical decline of the Oregon chub. Changing climate
is expected to place an added stress on the species and its habitats.
The Intergovernmental Panel on Climate Change (IPCC) has concluded that
recent warming is already strongly affecting aquatic biological
systems; this is evident in increased runoff and earlier spring peak
discharge in many glacier- and snow-fed rivers (IPCC 2007, p. 8).
Projections for climate change in North America include decreased
snowpack, more winter flooding, and reduced summer flows (IPCC 2007, p.
14). Projections for climate change in the Willamette Valley in the
next century include higher air temperatures that will lead to lower
soil moisture and increased evaporation from streams and lakes (Climate
Leadership Initiative (CLI) and the National Center for Conservation
Science and Policy 2009, p. 9). While there is high uncertainty in the
total precipitation projections for the region, effective precipitation
(precipitation that contributes to runoff) may be reduced significantly
even if there is no decline in total precipitation (CLI and the
National Center for Conservation Science and Policy 2009, p. 9).
Although climate change is almost certain to affect aquatic
habitats in the Willamette Basin (CLI 2009, p. 1), there is great
uncertainty about the specific effects of climate change on the Oregon
chub. The Service has developed a strategic plan to address the threat
of climate change to vulnerable species and ecosystems; goals of this
plan include maintaining ecosystem integrity by protecting and
restoring key ecological processes such as nutrient cycling, natural
disturbance cycles, and predator-prey relationships (U.S. Fish and
Wildlife Service 2009; p. 21). The Oregon chub recovery program will
strive to achieve these goals by working to establish conditions that
allow populations of Oregon chub to be resilient to changing
environmental conditions and to persist as viable populations into the
future. Our recovery program for the species focuses on maintaining
large populations distributed across the species' entire historical
range in a variety of ecological settings (e.g., across a range of
elevations). This approach is consistent with the general principles of
conservation biology. In their review of minimum population viability
literature, Traill et al. (2009, p. 3) found that maintenance of large
populations across a range of ecological settings increases the
likelihood of species persistence under the pressures of environmental
variation and facilitates the retention of important adaptive traits
through the maintenance of genetic diversity. Maintaining multiple
populations across a range of ecological settings, as described in the
recovery plan, will also increase the likelihood that at least some of
these populations persist under the stresses of a changing climate.
Our recovery program will continue to focus on monitoring the
species' status and responding to changing conditions. Any future
proposal to delist the species due to recovery will need to establish
that the species is not likely to become endangered in the foreseeable
future throughout all or a significant portion of its range in the
absence of the Act's protections, including consideration of any likely
effects caused by changing climate.
Summary of Factors Affecting the Species
Section 4 of the Act and its implementing regulations (50 CFR part
424) set forth the procedures for listing species, reclassifying
species, or removing species from listed status. ``Species'' is defined
by the Act as including any species or subspecies of fish or wildlife
or plants, and any distinct vertebrate population segment of fish or
wildlife that interbreeds when mature. Once the ``species'' is
determined, we then evaluate whether that species may be endangered or
threatened because of one or more of the five factors described in
section 4(a)(1) of the Act. We must consider these same five factors in
reclassifying or delisting a species. For species that are already
listed as endangered or threatened, this analysis of threats is an
evaluation of both the threats currently facing the species and the
threats that are reasonably likely to affect the species in the
foreseeable future following the delisting or downlisting and the
removal or reduction of the Act's protections.
A species is ``endangered'' for purposes of the Act if it is in
danger of extinction throughout all or a significant portion of its
range, and is ``threatened'' if it is likely to become endangered
within the foreseeable future throughout all or a significant portion
of its range. The word ``range'' is used here to refer to the range in
which the species currently exists, and the word ``significant'' refers
to the value of that portion of the range being considered to the
conservation of the species. The ``foreseeable future'' is the period
of time over which events or effects reasonably can or should be
anticipated, or trends reasonably extrapolated; see discussion
following Factor E, below.
After completing a rangewide threats analysis, we also evaluate
whether the Oregon chub is endangered or threatened in any significant
portion(s) of its range.
[[Page 21184]]
Factor A. The Present or Threatened Destruction, Modification, or
Curtailment of Its Habitat or Range
Historical records indicate that the Oregon chub was distributed
throughout the Willamette Basin, from the Clackamas River in the north,
to the Coast Fork and Middle Fork in the south (Markle et al. 1991, p.
288). When we listed the Oregon chub as endangered in 1993, the species
was known to exist at only nine locations, representing only 2 percent
of the species' historical range (Markle et al. 1991, pp. 288-289;
Scheerer et al. 2007, p. 2). Four of these locations had fewer than 10
individuals (Scheerer et al. 2007, p. 2). This precipitous decline in
the species' abundance and distribution was attributed to the extensive
channelization, dam construction, and chemical contamination that
occurred in the Willamette Basin, particularly from the 1940s through
the late 20th century (Pearsons 1989, pp. 29-30).
There are at least 371 dams in the Willamette River Basin, most of
which were constructed from 1950 through 1980 (Hulse et al. 2002, p.
30). These dams reduced the magnitude, extent, and frequency of
flooding in the basin, which dramatically reduced the amount of slough
and side channel habitats available to the Oregon chub (Hulse et al.
2002, pp. 28-30). Other structural changes, such as revetment and
channelization, diking and drainage, and the removal of floodplain
vegetation, eliminated or altered the side channels and sloughs used by
the Oregon chub, and destroyed the natural processes that replenish
these slack water habitats (Hjort et al. 1984, p. 73; Sedell and
Frogatt 1984, p. 1833; Hulse et al. 2002, p. 27). Analysis of
historical records shows that over one-half of the Willamette's sloughs
and alcoves had been lost by 1995 (Hulse et al. 2002, p. 18). Although
the Oregon chub evolved in a dynamic environment in which flooding
periodically created and reconnected habitat for the species, currently
most populations of Oregon chub are isolated from other chub
populations due to the reduced frequency and magnitude of flood events
and the presence of migration barriers such as impassable culverts and
beaver dams (Scheerer et al. 2007, p. 9).
In the 16 years since we listed the Oregon chub as endangered,
concerted efforts by Federal, State, and local governments and private
landowners have increased the number of Oregon chub populations from 9
to 38 (Scheerer et al. 2007, p. 2; Scheerer 2008a, p. 6; Bangs et al.
2008, p. 7). This dramatic increase in the number of populations is a
result of the discovery of new populations through extensive surveys of
suitable habitats throughout the Willamette Basin and the establishment
of new populations through successful reintroductions within their
historical range (Scheerer 2007, p. 97). Since 1992, Oregon chub have
been reintroduced to 16 locations, resulting in the successful
establishment of 9 populations (Bangs et al. 2008, p. 7).
The analysis of threats in the final rule to list the Oregon chub
as an endangered species and the recovery plan for the species
discussed numerous potential threats to water quality in Oregon chub
habitats. Many Oregon chub populations occur near rail, highway, and
power transmission corridors; near agricultural fields; and within
public park and campground facilities; prompting concern that these
populations could be threatened by chemical spills, runoff, or changes
in water level or flow conditions caused by construction, diversions,
or natural desiccation (58 FR 53800; U.S. Fish and Wildlife Service
1998, p. 14, Scheerer 2008c, p. 1). In the 16 years since listing, a
few of these concerns have been realized, and are discussed in the
paragraphs below.
Excessive siltation from ground disturbing activities in the
watershed, such as logging upstream of Oregon chub habitat, can degrade
or destroy Oregon chub habitat. The threat of siltation due to logging
in the watershed has been identified at five sites: Green Island North
Channel, Finley Gray Creek Swamp, East Fork Minnow Creek Pond, Buckhead
Creek, and Wicopee Pond (Scheerer 2008c, p. 1). In the 1990s, a large
part of the Minnow Creek Watershed in the Middle Fork Willamette sub-
basin was logged; flood events in the watershed in 1996, 1997, and 1998
caused accelerated sedimentation in the beaver pond at East Fork Minnow
Creek Pond, and over half of the open water wetted area of the Oregon
chub habitat there was lost as sediment filled the pond (Scheerer
2009b, p. 1). The Oregon chub population in East Fork Minnow Creek Pond
declined dramatically following these floods and the resulting
sedimentation (Scheerer 2009b, p. 1).
Water quality investigations at sites in the Middle Fork and
Mainstem Willamette sub-basins have found some adverse effects to
Oregon chub habitats. Nutrient enrichment may have caused the crash of
the Oregon chub population at Oakridge Slough on the Middle Fork. The
slough is downstream from the Oakridge Sewage Treatment Plant and has a
thick layer of decaying organic matter, which may limit the amount of
useable habitat available to the chub (Buck 2003, p. 2). In the late
1990s, the Oregon chub population in Oakridge Slough peaked at nearly
500 individuals; since then, the population has apparently declined to
zero (Scheerer et al. 2007, p. 2). Increased nitrogen and phosphorus
concentrations have been detected in the slough; while the nutrient
concentrations are not believed to be directly harmful to Oregon chub,
the elevated nutrient levels may have resulted in eutrophication of the
pond, with associated anoxic conditions unsuitable for chub, or
increased plant and algal growth that severely reduced habitat
availability (Buck 2003, p. 12).
Studies at William L. Finley National Wildlife Refuge have found
evidence of elevated levels of nutrients and pesticides in Oregon chub
habitats (Materna and Buck 2007, p. 67). Water samples were collected
in 1998 from Gray Creek Swamp, which is home to a large population of
Oregon chub. Analyses detected three herbicides, although all were
below criteria levels recommended for protection of aquatic life;
however, one form of nitrogen (total Kjeldahl N) exceeded Environmental
Protection Agency (EPA) criteria levels recommended for protection of
aquatic life in the Willamette Valley (Materna and Buck 2007, p. 67).
The source of the contamination is likely agricultural runoff from farm
fields adjacent to the Refuge (Materna and Buck 2007, p. 68). We note
that EPA's recommended criteria for protection of aquatic life are not
intended to be protective of all aquatic life, and may not be fully
protective of the Oregon chub. EPA and the Service are working together
to assess the effects of pollutants on the Oregon chub through section
7 consultation on Oregon water quality standards.
Fluctuating water levels in Lookout Point Reservoir on the Middle
Fork Willamette River were limiting the breeding success of the Oregon
chub population in Hospital Pond, which provides habitat for the
species in a pool connected to the reservoir by a culvert. In 2001,
2002, and 2003, the Corps, which manages Lookout Point Reservoir,
implemented a series of projects to protect the population of Oregon
chub in Hospital Pond. The goal was to allow the Corps to manage the
water level in Lookout Point Reservoir independently of the water
elevation in Hospital Pond. The Corps installed a gate on Hospital
Pond's outlet culvert and lined the porous berm between the pond and
reservoir; these modifications allow the Corps to maintain the water
level needed to support Oregon chub
[[Page 21185]]
spawning in Hospital Pond independent of the water level in the
reservoir (U.S. Fish and Wildlife Service 2002, pp. 1-11). The Corps
also excavated additional area to create more suitable spawning habitat
in the pond (U.S. Fish and Wildlife Service 2003, pp. 1-3). The result
of these management actions has been a large stable population of
Oregon chub in Hospital Pond (Scheerer 2008a, p. 6).
Most of the known Oregon chub populations occur on lands with some
level of protective status and management (see Table 1 above). The
Service manages several Oregon chub populations on the Finley and
Ankeny units of the Willamette Valley National Wildlife Refuge Complex
(Refuge). Recovery of the Oregon chub is a high priority for the
Refuge. The Refuge actively monitors the status of the populations,
habitat quality, and nonnative fish presence; when threats are
detected, the Refuge implements management actions to reverse the
threats (Smith 2008, p. 1).
Five populations of Oregon chub occur on lands managed by the
Corps; the Corps manages Oregon chub in accordance with the Service's
biological opinion on the Willamette Project. In July 2008, the Corps,
Bonneville Power Administration (BPA), and Bureau of Reclamation (BOR)
completed formal consultation with the Service under section 7(a)(2) of
the Act on the operation and maintenance of the Willamette Project, the
system of 13 dams and associated impoundments that provide flood
control, irrigation, municipal and industrial water supply, navigation,
fish and wildlife conservation, flow augmentation, hydroelectric power
generation, and recreation to the Willamette Valley. The Service
concluded that the project would not jeopardize the continued existence
of the Oregon chub (U.S. Fish and Wildlife Service 2008b, p. 170). The
Service's biological opinion describes the measures that will be
implemented by the Corps, BPA, and BOR to maintain and improve habitat
for the Oregon chub. These measures include:
(1) Monitoring the status of Oregon chub populations affected by
operation and maintenance of the dams to gain a better understanding of
the influence of the Willamette Project on the species;
(2) Managing water levels in Oregon chub habitats directly affected
by reservoir operations;
(3) Relocating Oregon chub from ponds adversely affected by
reservoir operations to new locations with better prospects for long-
term protection;
(4) Conducting studies to identify the effects of flow management
on Oregon chub habitats; and
(5) Funding a pilot study to investigate the impact of floodplain
restoration and reconnection on fish communities in river reaches below
Willamette Project dams.
Operation and maintenance of the Willamette Project under the new
biological opinion will result in improved protections for the Oregon
chub and new information that will benefit the species throughout the
Willamette Basin.
The Oregon Department of Transportation has developed and is
implementing a plan to protect and enhance Oregon chub populations on
the agency's properties or those which may be affected by highway
maintenance on the Santiam River, Coast Fork Willamette River, and
Middle Fork Willamette River (Scheerer 2005, pp. 1-21).
The Oregon chub populations at Elijah Bristow State Park and Jasper
Park on the Middle Fork are managed by the Oregon Parks and Recreation
Department, which uses the Service's recovery plan as guidance to
ensure conservation of the chub populations within the parks (Schleier
2008).
The U.S. Forest Service monitors and manages several Oregon chub
populations on the Middle Fork (Scheerer 2008b, p. 1).
In addition to the management and protection provided to the Oregon
chub on Federal and State lands, two individual Safe Harbor Agreements
and a new programmatic Safe Harbor Agreement have been completed to
guide management of Oregon chub populations on private lands. Safe
Harbor Agreements are voluntary arrangements between the Service and
cooperating non-Federal landowners to promote management for listed
species on non-Federal property while giving assurances to
participating landowners that no additional future regulatory
restrictions will be imposed. The programmatic Safe Harbor Agreement
with ODFW (Oregon Department of Fish and Wildlife and U.S. Fish and
Wildlife Service 2009, pp. 1-30) will substantially contribute to the
recovery of the Oregon chub.
Summary of Factor A
The Oregon chub has experienced extensive loss of slough and side-
channel habitat due to hydrological changes resulting from dam
construction and channelization in the Willamette Valley. However, many
new habitats have been artificially created and are being managed to
maintain populations of Oregon chub. There is evidence that some
populations are threatened by water quality degradation and associated
reduction in habitat quality, although this has been documented at only
a few sites. Habitat conditions have improved to the point where the
species is not presently in danger of extinction. However, without the
continued protections provided by the Act, or long-term management
agreements, the Oregon chub would likely become endangered in the
foreseeable future due, in part, to the destruction, modification, or
curtailment of its habitat. In addition, a changing climate is expected
to place an added stress on the species and its habitats, although
there is substantial uncertainty regarding the future environmental
conditions in the Willamette Basin (see Summary of Comments and
Responses section, above).
Factor B. Overutilization for Commercial, Recreational, Scientific, or
Educational Purposes
Overutilization for commercial, recreational, scientific, or
educational purposes was not a factor in listing, nor is it currently
known to be a threat to the Oregon chub.
Factor C. Disease or Predation
The proliferation of predatory, nonnative fish is the most
significant current threat to Oregon chub populations (Scheerer et al.
2007, p. 14). The basin contains 31 native fish species and 29
nonnative species (Hulse et al. 2002, p. 44). The large-scale
alteration of the Willamette Basin's hydrologic system (i.e.,
construction of dams and the resultant changes in flood frequency and
intensity) has created conditions that favor nonnative, predatory
fishes, and reservoirs throughout the basin have become sources of
continual nonnative fish invasions in the downstream reaches (Li et al.
1987, p. 198).
Oregon chub are most abundant at sites where nonnative fishes are
absent (Scheerer 2007, p. 96). Predatory, nonnative centrarchids (bass
and sunfish) and Ameiurus spp. (bullhead catfish) are common in the
off-channel habitats used by Oregon chub (Scheerer 2002, p. 1075).
Sites with high connectivity to adjacent flowing water frequently
contain nonnative, predatory fishes and rarely contain Oregon chub
(Scheerer 2007, p. 99). The presence of centrarchids and bullhead
catfishes is probably preventing Oregon chub from recolonizing
otherwise suitable habitats throughout the basin (Markle et al. 1991,
p. 291).
[[Page 21186]]
Management for Oregon chub has focused on establishing secure,
isolated habitats free of nonnative fishes. However, natural flood
events may breach barriers to connectivity allowing invasion by
nonnative fishes. During the 1996 floods in the Willamette Basin,
nonnative fishes invaded the habitats of the two largest Oregon chub
populations in the Santiam River (Geren Island North Channel and
Santiam Easement). In the next 2 years, these populations declined by
more than 50 percent, and have not recovered to pre-1996 levels more
than 10 years later (Scheerer 2002, p. 1078; Bangs et al. 2008, p. 7).
Game fish have also been intentionally introduced into chub ponds.
An illegal introduction of largemouth bass (Micropterus salmoides) at
an Oregon chub population site on the Middle Fork apparently caused a
significant decline in that population from over 7,000 fish to
approximately 3,000 fish from 2000 to 2008 (Scheerer et al. 2007, p.
14; Bangs et al. 2008, p. 7). The ubiquity of nonnative fishes in the
Willamette Basin has created a substantial challenge to the recovery of
the Oregon chub. Scheerer et al. (2007, pp. 10-14) conclude, ``The
resulting paradox is that the frequent interaction of the river with
the floodplain habitats * * *, conditions which historically created
off-channel habitats and aided in the dispersal of chub and the
interchange of individuals among populations, now poses a threat to
Oregon chub by allowing dispersal of nonnative species.''
Nonnative fishes may also serve as sources of parasites and
diseases for the Oregon chub. However, disease and parasite problems
have not been identified in this species, nor has the issue been
studied.
Summary of Factor C
Predatory, nonnative fishes are the most significant current threat
to the recovery of the Oregon chub. Nonnative fishes are abundant and
ubiquitous in the Willamette River Basin, and continual monitoring and
management are required to protect existing Oregon chub populations
from invasion. Predation remains a concern, but as the status of the
species has improved since listing (i.e., more populations have been
established and are being managed to minimize threats), the relative
effect of the threat of predatory, nonnative fishes has declined.
Nevertheless, predation continues to impact the Oregon chub such that
it is likely to become endangered in the foreseeable future without
continued protection under the Act.
Factor D. The Inadequacy of Existing Regulatory Mechanisms
Before we listed the Oregon chub as endangered in 1993, the species
had no regulatory protections. Upon its listing as endangered, the
species benefited from the protections of the Act, which include the
prohibition against take and the requirement for interagency
consultation for Federal actions that may affect the species. Section 9
of the Act and Federal regulations prohibit the take of endangered and
threatened species without special exemption. The Act defines ``take''
as to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or
collect, or to attempt to engage in any such conduct (16 U.S.C.
1532(19)). Our regulations define ``harm'' to include significant
habitat modification or degradation that results in death or injury to
listed species by significantly impairing essential behavioral
patterns, including breeding, feeding, or sheltering (50 CFR 17.3). Our
regulations also define ``harass'' as intentional or negligent actions
that create the likelihood of injury to listed species to such an
extent as to significantly disrupt normal behavior patterns, which
include, but are not limited to, breeding, feeding, or sheltering (50
CFR 17.3).
Section 7(a)(1) of the Act requires all Federal agencies to utilize
their authorities in furtherance of the purposes of the Act by carrying
out programs for the conservation of endangered species and threatened
species. Section 7(a)(2) of the Act requires Federal agencies to ensure
that any action they authorize, fund, or carry out is not likely to
jeopardize the continued existence of listed species or adversely
modify their critical habitat. Thus, listing the Oregon chub provided a
variety of protections, including the prohibition against take and the
conservation mandates of section 7 for all Federal agencies. Because
the Service has regulations that prohibit take of all threatened
species (50 CFR 17.31(a)), unless modified by a special rule issued
under section 4(d) of the Act (50 CFR 17.31(c)), the regulatory
protections of the Act are largely the same for species listed as
endangered and as threatened; thus, the protections provided by the Act
will remain in place if the Oregon chub is reclassified as a threatened
species.
The Oregon chub is designated as ``Sensitive-Critical'' by ODFW.
This designation is a nonregulatory tool that helps focus wildlife
management and research activities, with the goal of preventing species
from declining to the point of qualifying as ``threatened'' or
``endangered'' under the Oregon Endangered Species Act (ORS 496.171,
496.172, 496.176, 496.182 and 496.192). Sensitive-Critical designation
encourages, but does not require, the implementation of any
conservation actions for the species; however other State agencies,
such as the Oregon Department of State Lands, the Water Resources
Department, and the Oregon State Marine Board, refer to the Sensitive
Species List when making regulatory decisions.
The Oregon chub is not protected by any other regulatory
mechanisms.
Summary of Factor D
The regulatory mechanisms in effect under the Act provide a
prohibition against take, the affirmative conservation mandate of
section 7(a)(1), and the duty of all Federal agencies to avoid
jeopardizing the continued existence/destroying or adversely modifying
critical habitat of section 7(a)(2); these regulatory mechanisms will
remain in place with the Oregon chub's downlisting to threatened. A
program of conservation actions will be implemented by the Corps, BPA,
and BOR as a result of the Service's biological opinion on the
Willamette Project. However, because there are no other regulatory
mechanisms in place beyond the Act, the inadequacy of regulatory
mechanisms still threatens the Oregon chub.
Factor E. Other Natural or Manmade Factors Affecting Its Continued
Existence
Almost half of all the fish species in the Willamette River are not
native to the basin (Hulse et al. 2002, p. 44). Along with the direct
threat of predation (see Factor C, above), nonnative fish compete with
Oregon chub for food resources. Competition with nonnative fishes may
contribute to the decline and exclusion of Oregon chub from suitable
habitats. The observed feeding strategies and diets of nonnative
fishes, particularly juvenile centrarchids and adult mosquitofish
(Gambusia affinis), overlap with the diet and feeding strategies
described for the Oregon chub (Li et al. 1987, pp. 197-198). Thus,
direct competition for food between Oregon chub and nonnative species
may limit the distribution and expansion of the species; however, no
studies have focused on the topic of competitive exclusion to date.
Historically, floods provided the mechanism of dispersal and
genetic exchange for Oregon chub populations throughout the Willamette
Basin (Scheerer 2002, p. 1078). The current management focus on
protecting Oregon
[[Page 21187]]
chub populations in isolation, which protects the species from the
introduction of predatory, nonnative fishes, may be having negative
genetic implications (Scheerer 2002, p. 1078). This lack of
connectivity means that movement of individuals among populations
occurs rarely, if at all, which results in little or no genetic
exchange among populations (Scheerer et al. 2007, p. 9). Research is
under way to determine if Oregon chub populations have distinct genetic
characteristics in the different sub-basins of the Willamette River;
preliminary results seem to indicate that genetic differences exist
among the major sub-basins of the Willamette Basin (Ardren et al. 2008,
p. 1). There is concern that an unintended effect of managing for
isolated populations may be genetic drift and inbreeding. If this
proves to be the case, managers may need to move fish among populations
to fulfill the role that natural flooding once played (Scheerer et al.
2007, p. 15).
Summary of Factor E
Competition from nonnative species and the potential loss of
genetic diversity as a result of managing Oregon chub populations in
isolated habitats are threats that could affect Oregon chub populations
throughout the species' range. However, the magnitude of these threats
is unknown.
Conclusion of 5-Factor Analysis
We have carefully assessed the best scientific and commercial data
available and have determined that the Oregon chub is not currently in
danger of extinction. We believe that the species now meets the
definition of a threatened species throughout all of its range. It has
exceeded two of the downlisting criteria and is on the brink of meeting
the third. Recovery plans are intended to guide and measure recovery.
Recovery criteria for downlisting and delisting are developed in the
recovery planning process to provide measurable goals on the path to
recovery; however, precise attainment of all recovery criteria is not a
prerequisite for downlisting or delisting. Rather, the decision to
revise the status of a listed species is based solely on the analysis
of the five listing factors identified in section 4 of the Act. The Act
provides for downlisting from endangered to threatened when the best
available data indicate that a species, subspecies, or distinct
population segment is no longer in danger of extinction, but is likely
to become endangered in the foreseeable future without the continued
protection of the Act.
At the time we completed the Oregon Chub Recovery Plan in 1998, we
attempted to describe what the range, abundance, and distribution of
Oregon chub populations should be before downlisting and delisting.
These estimates were manifested in the downlisting and delisting
criteria discussed above, and these criteria effectively established
the Service's position on what constitutes ``threatened'' for the
Oregon chub, in the case of downlisting criteria, and ``recovered,'' in
the case of the delisting criteria. Because the downlisting criteria
have not been precisely met, the finding in this rule represents a
departure from the Service's previously articulated description of
``threatened'' for the Oregon chub, and so must be further explained.
We compared current Oregon chub population information with the
downlisting criteria for each sub-basin and estimated the amount by
which each population goal's had been exceeded. The result of this
comparison is shown in Table 2.
Table 2--Comparison of Numerical Population Goals for Downlisting From the Oregon Chub Recovery Plan With
Current Population Estimates, by Sub-basin (Current Population Data From Bangs et al. 2008, p. 7)
----------------------------------------------------------------------------------------------------------------
Current Percent of
Downlisting population downlisting
goal (number estimate goal achieved
Sub-basin of fish/number (number of (number of
of fish/number of fish/number of
populations) populations) populations)
----------------------------------------------------------------------------------------------------------------
Santiam......................................................... 1,500/3 5,622/9 375/300
Mainstem Willamette............................................. 1,500/3 90,442/13 6,029/433
Middle Fork Willamette.......................................... 1,500/3 32,484/16 2,166/533
----------------------------------------------------------------------------------------------------------------
Although these totals do not incorporate the 5-year stable or
increasing trend aspect of the downlisting criteria, the number of chub
in these basins greatly exceeds the minimum required in the downlisting
criteria for both the number of populations and the number of
individual fish. Taken together, along with the 5-factor analysis
discussed above, it is clear that the status of the chub is far more
secure than it might be with 4,500 fish in 9 populations across 3 sub-
basins with 5-year stable or increasing trends.
The number of populations has increased from 9 to 38 since we
listed the species in 1993; there are 16 large (>500 individuals)
populations with stable or increasing trends. The species is well
distributed throughout the Willamette Basin, and most of these
populations have some type of protective management and appear to be
viable as long as they are monitored and adaptively managed. Although
many of the threats have been reduced by recovery efforts, threatened
status is appropriate because the species is likely to become
endangered in the foreseeable future without the protections of the Act
or long-term management agreements and adaptive management actions. In
addition, concerns remain regarding the genetic implications of
managing Oregon chub in isolated ponds, cut off from potential
interactions with other populations in the basin.
Threats to existing habitats remain, including manipulation of
flows which can lead to desiccation, nutrient and pesticide runoff, and
vegetative succession in shallow pond environments. The chief threat to
existing Oregon chub populations is nonnative fish invasions, which may
occur as a result of flood events, intentional introductions, or
through connections between isolated chub habitats and adjacent
watercourses. However, as the status of the species has improved since
listing (i.e., more populations have been established and are being
managed to minimize threats), the relative effect of the threat of
predatory nonnative fishes has declined. Monitoring for nonnative fish
invasions and adaptively managing in response to such invasions is
necessary for the long-term viability of this species.
[[Page 21188]]
In the absence of the Act's regulatory protections, predation by
nonnative fishes, as well as population declines and range contraction
resulting from habitat loss are expected to continue. We have no
information to suggest that the threats identified above are likely to
be reduced in the foreseeable future. We also do not have any
indication that regulatory mechanisms will materialize to address or
ameliorate the ongoing threats to the species. Thus, future Oregon chub
population declines and range contraction, similar to what has been
observed in the past, is a reasonable expectation without the continued
protections of the Act.
Having determined that the Oregon chub is threatened throughout its
range, we must next determine if the species is endangered in any
significant portion of its range. The primary remaining threats to the
species are introduction of predatory, nonnative fishes into chub ponds
and water quality degradation. Extensive surveys of the Willamette
Basin have found that predatory, nonnative fishes are abundant and
widespread in each of the sub-basins (Scheerer 2007, p. 97). Threats to
water quality, including chemical spills, agricultural runoff, and
drought, are not restricted to any portion of the Oregon chub's range,
and are equally likely to occur in any of the three sub-basins. While
the threats associated with reduced genetic exchange among populations
are not yet well understood it seems likely that the potential genetic
consequences of management for isolated populations (e.g., inbreeding
and genetic drift) would be experienced across the range of the
species, as protection of isolated ponds is the management goal for
populations in all three of the sub-basins.
In summary, the primary threats to the Oregon chub are relatively
uniform throughout the species' range. We have determined that none of
the existing or potential threats, either alone or in combination with
others, currently place the Oregon chub in danger of extinction
throughout any significant portion of its range. However, without the
continued protections of the Act or long-term management agreements,
the Oregon chub is likely to become endangered throughout its range in
the foreseeable future. Threatened status is therefore appropriate for
the Oregon chub throughout its entire range.
Effects of This Rule
This final rule revises 50 CFR 17.11(h) to reclassify the Oregon
chub from endangered to threatened on the List of Endangered and
Threatened Wildlife. However, this reclassification does not
significantly change the protection afforded this species under the
Act. The regulatory protections of sections 7 and 9 of the Act (see
Factor D, above) remain in place. Anyone taking, attempting to take, or
otherwise possessing Oregon chub, or parts thereof, in violation of
section 9 is subject to a penalty under section 11 of the Act. Under
section 7 of the Act, all Federal agencies must ensure that any actions
they authorize, fund, or carry out are not likely to jeopardize the
continued existence of the Oregon chub or adversely modify its critical
habitat.
Whenever a species is listed as threatened, the Act allows us to
propose a special rule under section 4(d) of the Act. The special rule
would modify the standard protections for that threatened species under
section 9 of the Act and Service regulations at 50 CFR 17.31 and 17.71,
if that action is deemed necessary and advisable to provide for the
conservation of the species. However, 4(d) rules are only one of the
tools that the Service uses to promote species conservation and may not
be necessary in circumstances where other tools (e.g., Safe Harbor
Agreements) have already proven effective in eliciting conservation
partnerships. There are no 4(d) rules in place or proposed for the
Oregon chub, because there is currently no conservation need to do so
for the species. For the Oregon chub, we have developed a programmatic
Safe Harbor Agreement with ODFW (Oregon Department of Fish and Wildlife
and U.S. Fish and Wildlife Service 2009, pp. 1-30) that allows ODFW to
work with private landowners to establish new populations of Oregon
chub on private lands, directly advancing the recovery of the species
(see Additional Conservation Measures above). This final rule does not
affect our Oregon chub Programmatic Safe Harbor Agreement with ODFW.
Required Determinations
Paperwork Reduction Act of 1995
Office of Management and Budget (OMB) regulations at 5 CFR 1320,
which implement provisions of the Paperwork Reduction Act (44 U.S.C.
3501 et seq.), require that Federal agencies obtain approval from OMB
before collecting information from the public. This rule does not
contain any new collections of information that require approval by OMB
under the Paperwork Reduction Act. This rule will not impose
recordkeeping or reporting requirements on State or local governments,
individuals, businesses, or organizations. An agency may not conduct or
sponsor, and a person is not required to respond to, a collection of
information unless it displays a currently valid OMB control number.
National Environmental Policy Act
We have determined we do not need to prepare an Environmental
Assessment or an Environmental Impact Statement, as defined under the
authority of the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.), in connection with regulations adopted under section
4(a) of the Act. We published a notice outlining our reasons for this
determination in the Federal Register on October 25, 1983 (48 FR
49244).
References Cited
A complete list of all references cited in this rule is available
upon request from the Oregon Fish and Wildlife Office (see ADDRESSES).
Authors
The primary authors of this rule are Cat Brown and Doug Baus of the
Oregon Fish and Wildlife Office (see ADDRESSES).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Regulation Promulgation
0
Accordingly, we amend part 17, subchapter B of chapter I, title 50 of
the Code of Federal Regulations, as set forth below:
PART 17--[AMENDED]
0
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.
0
2. Amend Sec. 17.11(h) by revising the entry for ``Chub, Oregon''
under FISHES in the List of Endangered and Threatened Wildlife to read
as follows:
Sec. 17.11 Endangered and threatened wildlife.
* * * * *
(h) * * *
[[Page 21189]]
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Species Vertebrate
-------------------------------------------------------- population where Critical Special
Historic range endangered or Status When listed habitat rules
Common name Scientific name threatened
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* * * * * * *
Fishes
* * * * * * *
Chub, Oregon..................... Oregonichthys U.S.A. (OR)........ Entire............. T 520,769 17.95(e) NA
crameri.
* * * * * * *
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* * * * *
Dated: April 13, 2010.
Rowan W. Gould,
Acting Director, Fish and Wildlife Service.
[FR Doc. 2010-9375 Filed 4-22-10; 8:45 am]
BILLING CODE 4310-55-P