Endangered and Threatened Species; Final Endangered Status for a Distinct Population Segment of Anadromous Atlantic Salmon (Salmo salar) in the Gulf of Maine

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

[Federal Register: November 17, 2000 (Volume 65, Number 223)]
[Rules and Regulations]
[Page 69459-69483]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17no00-11]

[[Page 69459]]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AF80

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 224

[Docket No. 991108299-0313-02; I.D. 102299A]
RIN 0648-XA39

Endangered and Threatened Species; Final Endangered Status for a
Distinct Population Segment of Anadromous Atlantic Salmon (Salmo salar)
in the Gulf of Maine

AGENCIES: National Marine Fisheries Service (NMFS), National Oceanic
and Atmospheric Administration (NOAA), Commerce; U.S. Fish and Wildlife
Service (FWS), Interior.

ACTION: Final rule.

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SUMMARY: The National Marine Fisheries Service (NMFS) and the U.S. Fish
and Wildlife Service (FWS) (the Services) determine endangered status
pursuant to the Endangered Species Act of 1973 (ESA), as amended, for
the Gulf of Maine distinct population segment (DPS) of Atlantic salmon.
A biological review team (BRT) composed of the Services' staff
completed a comprehensive status review of Atlantic salmon which
resulted in the proposed listing on November 17, 1999. After reviewing
additional information, including information submitted during the
comment period on the proposed listing, and after considering the low
numbers of returning adults, the lower than anticipated parr to smolt
survival, and the serious and continuing nature of threats to the
species, the Services conclude that the Gulf of Maine DPS warrants
protection under the ESA. The Services have determined that the Gulf of
Maine DPS is in danger of extinction throughout its range.

DATES: The effective date of this rule is December 18, 2000.

ADDRESSES: The complete file for this final rule is available for
inspection, by appointment, during normal business hours at the
National Marine Fisheries Service, One Blackburn Drive, Gloucester,
Massachusetts 01930; or the U.S. Fish and Wildlife Service, 300
Westgate Center Drive, Hadley, Massachusetts 01035.

FOR FURTHER INFORMATION CONTACT: Mary Colligan, NMFS, at the address
above (978-281-9116), or Paul Nickerson, FWS, at the address above
(413-253-8615).

SUPPLEMENTARY INFORMATION:

Background

Species Life History and Status

A summary of the status of Atlantic salmon in Maine is included in
this document. Additional biological information for the Gulf of Maine
DPS of Atlantic salmon can be found in the Services' 1995 and 1999
status reviews. The 1999 Status Review can be viewed at the following
site: http://news.fws.gov/salmon/asalmon.html. This information is also
summarized in previous Federal Register documents (59 FR 3067, January
20, 1994; 60 FR 14410, March 17, 1995; 60 FR 50530, September 29, 1995;
62 FR 66325, December 18, 1997; 64 FR 62627, November 17, 1999).

Consideration as a ``Species'' Under the Endangered Species Act

The ESA defines species as ``any species of fish or wildlife or
plants, and any distinct population segment [DPS] of any species of
vertebrate fish or wildlife that interbreeds when mature.'' 16 U.S.C.
1532(15). This definition allows for the recognition of DPSs at levels
below taxonomically recognized species or subspecies.
The Services have published a policy (61 FR 4722, February 7, 1996)
to clarify the phrase ``distinct population segment'' for the purposes
of listing, delisting, and reclassifying species under the ESA. This
DPS policy identifies three elements to be considered in a decision
regarding the status of a possible DPS as endangered or threatened
under the ESA: (1) The discreteness of the population segment in
relation to the remainder of the species or subspecies to which it
belongs; (2) the significance of the population segment to the species
or subspecies to which it belongs; and (3) the conservation status of
the population segment in relation to the ESA listing standards. The
conservation status for this DPS will be discussed in relation to the
ESA's listing factors.
A population segment may be considered discrete if it satisfies
either one of the following two conditions: (1) It is markedly
separated from other populations of the same taxon as a consequence of
physical, physiological, ecological, or behavioral factors; or (2) it
is delimited by international governmental boundaries 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.
The Services examined life history, biogeographical, genetic, and
environmental information in evaluating Atlantic salmon throughout its
U.S. range. The Services used zoogeographic maps of boundaries between
areas that likely exert different selective pressures on Atlantic
salmon populations and have substantial differences in riverine-marine
ecosystem structure and function. Key elements to these determinations
include: (1) spatial arrangements of river systems that create
isolation, and (2) watershed location within ecological provinces and
subregions that affect the productivity and ecology of riverine-marine
ecosystem complexes. Using zoogeographic maps, the Services determined
that historic U.S. Atlantic salmon populations were comprised of at
least three population segments: Long Island Sound, Central New
England, and Gulf of Maine. As detailed in the 1999 Status Review, the
Long Island Sound and the Central New England population segments have
been extirpated. The following two sections on discreteness and
significance provide the rationale for the Services' determination that
the Gulf of Maine populations comprise a DPS.
The Gulf of Maine DPS includes all naturally reproducing remnant
populations of Atlantic salmon from the Kennebec River downstream of
the former Edwards Dam site, northward to the mouth of the St. Croix
River. The DPS includes both early- and late-run Atlantic salmon (Baum,
1997). The river specific hatchery reared fish are also included as
part of the DPS. However, these hatchery fish will not count toward a
delisting until they have spawned naturally in the wild. Historically,
the Androscoggin River delimited the range of the DPS to the south, but
populations south of the Kennebec River have been extirpated.
There are at least eight rivers in the DPS range that still contain
functioning wild salmon populations, although at substantially reduced
abundance levels (Baum 1997; King et al. 1999). The core of these
remnant populations is located in the Dennys, East Machias, Machias,
Pleasant, Narraguagus, Ducktrap, and Sheepscot Rivers and Cove Brook.

Discreteness of the Gulf of Maine Population Segment of Atlantic Salmon

The Services examined three major indicators to determine whether
the Gulf of Maine population segment of Atlantic salmon is separate
from other

[[Page 69460]]

populations: (1) Straying of spawning fish from their natal river; (2)
recolonization rates outside the range of the population segment; and
(3) genetic differences observed throughout the range of Atlantic
salmon. The separateness analysis for the Gulf of Maine population
segment from other Atlantic salmon populations reviewed the following:
(1) persistence of these populations; (2) geographic segregation; (3)
limited stocking from outside the population segment; and (4) genetic
analyses. The Services conclude from this information that genetic and
demographic data demonstrate the Gulf of Maine population segment is
separate from other populations to the north.
The Services also conclude that while it is unlikely that any
Atlantic salmon populations in the United States exist in a genetically
pure native form, present populations are descendants of these
aboriginal stocks, and their continued presence in indigenous habitat
indicates that important heritable local adaptations still exist. The
conservation of the populations of the Gulf of Maine population segment
is essential because these Atlantic salmon represent the remaining
genetic legacy of ancestral populations that were locally adapted to
the rivers and streams of the region that formerly extended from the
Housatonic River in Connecticut to the headwaters of the Aroostook
River in Maine.
The northern range of the Gulf of Maine population segment is
delimited by the natural zoogeographical constraints on local
adaptations and an international boundary. There are substantial
differences in the control of exploitation, management of habitat,
conservation status, and regulatory mechanisms of Atlantic salmon
between the United States and Canada (May, 1993; Baum, 1997).
Management and conservation programs in the United States and Canada
have similar goals, but differences in legislation and policy support
the use of the United States/Canada international boundary as a measure
of discreteness for the purposes of evaluating stock status. Therefore,
the Services conclude that the Gulf of Maine population segment of
Atlantic salmon satisfies both criteria for demonstrating discreteness,
as outlined in the Services' DPS Policy. However, we note that it is
only necessary to satisfy one of these criteria to conclude that the
population segment is discrete from other populations.

Significance of the Gulf of Maine Population Segment of Atlantic Salmon

The second element of the Services' DPS Policy is the consideration
of the population segment's biological and ecological significance to
the taxon to which it belongs. This may include, but is not limited to,
the following: (1) Persistence of the discrete population segment in an
ecological setting unusual or unique for the taxon; (2) evidence that
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; or (4) evidence that the discrete population
segment differs markedly from other populations of the species in its
genetic characteristics.
Riverine habitat occupied by the Gulf of Maine population segment
of Atlantic salmon is unique in that it is at the southern extent of
the North American range of Atlantic salmon (Saunders, 1981; Baum,
1997). To survive at the extreme southern range, U.S. Atlantic salmon
populations had to adapt to distinct physical and environmental
conditions (Saunders, 1981). The Services conclude that there is
substantial evidence that remnant populations of the Gulf of Maine
population segment have persisted in their native range. The loss of
this population segment would result in a significant gap in the range
of this taxon, moving the range of this species an additional degree of
latitude to the north. The loss of these populations would restrict the
natural range of Atlantic salmon to the region above the
45th parallel and beyond the borders of the United States.
We cannot ignore that artificial selection created by hatchery
practices has had some influence upon the present genome of the Gulf of
Maine population segment. Given our current understanding of the
genetic composition of these stocks (Bentzen and Wright, 1992;
Kornfield, 1994; King et al., 1999), the documented persistence of
native stocks (Kendall, 1935; Baum, 1997), and the fact that most of
the hatchery stocking influences were internal to the Gulf of Maine
population segment range, the Services conclude that hatchery fish have
not substantially introgressed with the remnant populations and genomes
of the fish that comprise the Gulf of Maine population segment. The
majority of fish stocked into the population segment rivers came from
the Penobscot hatchery stock, which, in turn, had originated from the
population segment rivers earlier this century (Baum, 1997). The
Services believe that there is an important genetic legacy remaining in
the population segment, and the loss of these populations would
negatively affect the genetic resources of Atlantic salmon as a whole
because it would contribute to further range reduction. The genetic
resources of these most southerly stocks are considered vitally
important to the species' future survival.
Based on a review of available information, the Services concluded
that the Gulf of Maine population segment of Atlantic salmon meets both
criteria for discreteness. Available data demonstrate that the
population segment has unique life history characteristics that have a
heritable basis and that both environmental and genetic factors make
the Gulf of Maine population segment different from other populations
of Atlantic salmon in their life history and ecology. Further, the
Services conclude that the available information supports the
conclusion that the Gulf of Maine population segment of Atlantic salmon
is biologically and ecologically significant. The Gulf of Maine
population segment satisfies the first two criteria of the Services'
DPS policy because it is both discrete and significant, and therefore,
it is a DPS. The third and final element is the conservation status of
the population segment in relation to the ESA's standards for listing.
The conservation status of the DPS is examined in the following
sections which provide an overview of the habitat within the DPS,
population abundance, and an analysis of the listing factors.

Description of the Habitat Within the Gulf of Maine DPS

The Gulf of Maine DPS encompasses all naturally reproducing remnant
populations of Atlantic salmon from the Kennebec River downstream of
the former Edwards Dam site, northward to the mouth of the St. Croix
River. The Penobscot and its tributaries are only included downstream
from the site of the Bangor Dam. The watershed structure, available
Atlantic salmon habitat, and abundance of Atlantic salmon stocks at
various life stages are best known for the seven largest rivers with
extant Atlantic salmon populations. There is less known about the
habitat and population ecology of smaller rivers, with the possible
exception of Cove Brook (Meister, 1962; Baum, 1997).
Broadly speaking, the watersheds within the DPS are sparsely
populated and generally are managed for the growth and harvest of
forest products and lowbush blueberries. The Ducktrap and Sheepscot
River watersheds were once intensively farmed but are now mostly
forested. The habitat within the

[[Page 69461]]

DPS range is generally characterized as being free-flowing, medium
gradient, cool in water temperature, and suitable for spawning in
gravel substrate areas.

Population Abundance of the Gulf of Maine DPS

Abundance is a critical criterion in assessing the status of a
species under the ESA. Current abundance compared to historical levels
and analysis of recent trends were used to determine the biological
status of Atlantic salmon of the Gulf of Maine DPS. Documented returns
of adult Atlantic salmon within the DPS range are low relative to
conservation escapement goals (U.S. Atlantic Salmon Assessment
Committee (USASAC), 1999). The conservation escapement goal is defined
as the number of returning adults needed to fully use the spawning
habitat. The total documented natural (wild & stocked fry) spawner
returns to the rivers of the Gulf of Maine DPS range for the past 5
years were: 1995 (83); 1996 (74); 1997 (35); 1998 (23); 1999 (32); and
2000 (22) (preliminary data). It must be noted that counts are provided
only for rivers with trapping facilities and only for periods when
those facilities were operational. Therefore, the documented count does
not represent a complete count of adult returns to the rivers within
the DPS range.
The pre-fishery abundance index of North American salmon stocks
that migrate to the Greenland region of the North Atlantic Ocean
continues to be low in spite of apparently improving marine habitat
conditions as reflected by ocean surface temperature data in the past
few years (North Atlantic Salmon Work Group (NASWG), 1999). The pre-
fishery abundance is an estimate of the one sea winter fish (1SW),
(fish that have spent one winter in the sea since leaving the river) in
Greenland prior to the fishery and is used as a possible indicator of
future returns to homewaters. The apparent non-response to improving
marine habitat to date is believed to be caused, in part, by generally
depressed spawning populations in North American home rivers and the
resultant low number of juvenile salmon entering the ocean.
Generally speaking, densities of young-of-the-year salmon (0+) and
parr (1+ and 2+) remain low relative to potential carrying capacity.
The numbers indicate how long the parr have been in the rivers
subsequent to hatching. In Maine, most parr remain in the rivers for 2
years. These depressed juvenile abundances, where not supplemented by
stocking, are a direct result of low adult returns in recent years. A
total parr population estimate is not available for the entire DPS.
However, the Atlantic Salmon Commission (ASC) and NMFS have conducted a
basin-wide parr population study on the Narraguagus River since 1991.
In addition, the NMFS and the ASC have been conducting a study on the
Narraguagus River, monitoring the outmigration of smolts including the
timing of migration, survival, length, weight, and the number of smolts
from 1996 through 1999 (Kocik et al., 1998a).
Since 1996, estimates of large parr in the Narraguagus River have
ranged from 11,700 to 27,000, while corresponding outmigrating smolt
estimates range from 2,800 to 3,600. Even in years with a substantial
increase in large parr production (126 percent), smolt production has
increased only modestly (3 percent). Total estimated smolt production
in the Narraguagus is well below the estimated production capacity
(18,000) and warrants further investigation. The preliminary estimate
of the emigrant smolt population in the Narraguagus in 1999 was 3,607,
which would represent production from the 1996-1997 spawners. Based on
this, an average overwinter survival for 1999 was calculated to be 14.3
percent. Overwinter survival in 1999 was significantly lower than
observed in 1997 (24.4 percent) and not statistically significantly
different from 1998 estimates. These studies suggest that there is a
99-percent probability that overwinter freshwater survival from 1+ and
older parr to smolt was less than 30 percent, the minimum estimate
cited in previous studies. Survival estimates in the Narraguagus River
for all years studied are substantially lower than estimates previously
reported in scientific literature and previously accepted estimates for
this region (Bley, 1987; Bley and Moring, 1988; Baum, 1997; Kocik et
al., 1999). Thus, smolt production from freshwater habitat is much
lower than would be expected based on habitat surveys and prior
estimates of survival rates. These substantially lower survival rates
could be negatively impacting population recovery. Additionally,
researchers found that approximately half of the emigrating smolts do
not reach the Gulf of Maine. These preliminary data led the Services to
conclude that low overwinter and emigration survival rates may be
impeding the recovery of these populations and are an issue of concern.
The cause for the low survival rates has not been identified.
To determine if recent pre-smolt and marine survival estimates on
the Narraguagus River are representative of other downeast Maine
Atlantic salmon rivers, a similar study was conducted on the Pleasant
River. In 1999 from April to June, 676 smolts were captured in a smolt
trap on the Pleasant River. An additional 31 fish were captured with
fin deformities and coloration, and body form suggesting that they were
of hatchery origin. A commercial hatchery that raises Atlantic salmon
smolt is located upstream of the capture site.
Given the data reviewed and summarized in this section, the
Services conclude that naturally reproducing Atlantic salmon
populations of the Gulf of Maine DPS are at extremely low levels of
abundance. This conclusion is based principally on the fact that
spawner abundance is less than 10 percent of the number required to
maximize juvenile production, juvenile abundance indices are lower than
historical counts, and freshwater smolt production is less than a third
of estimated capacity. Fry are being stocked to fill available habitat
and parr abundance is increasing as a result. The number of smolts
leaving the river, however, is not increasing at the same rate.

Conservation Hatchery Program

Broodstock developed from wild fish from the Dennys, East Machias,
Machias, Narraguagus and Sheepscot Rivers are held at Craig Brook
National Fish Hatchery (CBNFH) in Orland, Maine. These captive
broodstock increase the effective population size for these rivers and
provide a buffer against extinction. Parr were collected from the
Pleasant River and were transferred to the North Attleboro National
Fish Hatchery (NANFH) in Massachusetts. These Pleasant River fish were
later destroyed due to the presence of a newly discovered Atlantic
salmon viral disease, Salmon Swimbladder Sarcoma Virus (SSSV). In the
spring of 2000, program cooperators initiated a second attempt to
rebuild a captive wild broodstock for the Pleasant River salmon
population. This was made possible by the creation of six isolation
bays as part of the reconstruction of the CBNFH. A trap on the Pleasant
River at Columbia Falls captured emigrating Atlantic salmon smolts to
help enumerate the population and to determine origin (wild or
aquaculture). A total of 37 smolts and 24 age 2+ parr were brought into
the CBNFH for holding until they mature for broodstock. Subsequently,
52 age 1+ parr were collected during the summer of 2000 to augment the
earlier smolt and parr collections.
The response of Atlantic salmon populations to supplemental
stocking programs can be partially evaluated based on juvenile
production, but adult

[[Page 69462]]

returns are the ultimate evaluation measure. It takes over 4 years from
initial fry stocking to detect a response to that stocking in terms of
returning adults. A substantial number of fry must be stocked to
produce significant results due to the normal high mortality of
juvenile fish. Because stocking did not begin in some rivers until 1996
and several year classes are necessary to present a trend, it will not
be known until at least 2001 if fry-stocked fish will contribute a
substantial element to all five rivers for which there is a river-
specific stocking program.
All of the broodstock held at the CBNFH are now fitted with Passive
Integrated Transponder (PIT) tags which allow for complete tracking and
management of the broodstock, as well as tracking the mating and
offspring of the broodstock. In 1999, the FWS expanded its Atlantic
salmon genetics program to include genetic characterization of all
broodfish used for the rehabilitation of Maine's wild populations. This
characterization will help managers maintain the genetic integrity of
wild and captive fish, identify appropriate management units, help
prevent irreversible losses of genetic diversity, and evaluate the
stocking program. Additional details on protocols used within CBNFH are
described in the ``Response to Comments'' section of this document. In
addition to the CBNFH program, the Maine aquaculture industry is
participating in the supplementation program by raising fish derived
from the broodstock. These fish were stocked in the Dennys and Machias
Rivers as potential spawners in the fall of 2000.

Previous Federal Actions

In 1991, the FWS designated Atlantic salmon in five rivers in
``Downeast'' Maine (the Narraguagus, Pleasant, Machias, East Machias,
and Dennys Rivers) as Category 2 candidate species under the ESA (56 FR
58804, November 21, 1991). Both Services received identical petitions
in October and November of 1993 to list the Atlantic salmon (Salmo
salar) throughout its historic range in the contiguous U.S. under the
ESA. On January 20, 1994, the Services found that the petition
presented substantial scientific information indicating that a listing
may be warranted (59 FR 3067).
The Services conducted a joint review of the species in January
1995, and found that the available biological information indicated
that the species described in the petition, Atlantic salmon throughout
its range in the United States, did not meet the definition of
``species'' under the ESA. Therefore, the Services concluded that the
petitioned action to list Atlantic salmon throughout its historic
United States range was not warranted (60 FR 14410, March 17, 1995). In
the same notice, the Services determined that a DPS that consisted of
populations in seven rivers (the Dennys, East Machias, Machias,
Pleasant, Narraguagus, Ducktrap, and Sheepscot Rivers) did warrant
listing under the ESA. On September 29, 1995, after reviewing the
information in the status review, as well as state and foreign efforts
to protect the species, the Services proposed to list the seven rivers
DPS as a threatened species under the ESA (60 FR 50530, September 29,
1995). The proposed rule contained a special rule under section 4(d) of
the ESA which would have allowed for a State plan, approved by the
Services, to define the manner in which certain activities could be
conducted without violating the ESA. In response to that special
provision in the proposed rule, the Governor of Maine convened a task
force which developed a Conservation Plan for Atlantic Salmon in the
seven rivers. That Conservation Plan was submitted to the Services in
March 1997.
The Services reviewed information submitted from the public,
current information on population levels, and assessed the adequacy of
the Maine Atlantic Salmon Conservation Plan, and on December 18, 1997,
withdrew the proposed rule to list the seven rivers DPS of Atlantic
salmon as threatened under the ESA (62 FR 66325). In that withdrawal
notice, the Services redefined the species under analysis as the Gulf
of Maine DPS to acknowledge the possibility that other populations of
Atlantic salmon could be added to the DPS if they were found to be
naturally reproducing and to have wild stock characteristics. NMFS
maintained the Gulf of Maine DPS as a candidate species to acknowledge
ongoing concern over the species' status. In the 1997 withdrawal
notice, the Services outlined three circumstances under which the
process for listing the Gulf of Maine DPS of Atlantic salmon under the
ESA would be reinitiated: (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.
The Services received the State of Maine 1998 Annual Progress
Report on implementation of the Conservation Plan in January 1999. On
January 20, 1999, the Services invited comment from the public on the
first annual report and other information on protective measures and
the status of the species. The comment period remained open until March
8, 1999 (64 FR 3067). The Services reviewed all comments submitted by
the public and provided a summary of those, along with their own
comments, to the State of Maine in March 1999. The State of Maine
responded to the Services' comments on April 13, 1999.
In order to conduct a comprehensive review of the protective
measures in place and the status of the species, as was committed to in
the 1997 withdrawal notice, the BRT was reconvened to update the
January 1995 Status Review for Atlantic salmon. The 1999 Status Review
was made available on October 19, 1999 (64 FR 56297). On November 17,
1999, the Services published a proposed rule to list as endangered the
Gulf of Maine Atlantic salmon DPS, which includes all naturally
reproducing remnant populations of Atlantic salmon from the Kennebec
River downstream of the former Edwards Dam site northward to the mouth
of the St. Croix River at the United States-Canada border. The Services
stated that to date they had determined that these populations are
found in the Dennys, East Machias, Machias, Pleasant, Narraguagus,
Sheepscot, and Ducktrap Rivers and in Cove Brook, all in eastern Maine.
The proposed rule invited comment from the public and specifically
solicited comments regarding: (1) biological, commercial trade, or
other relevant data concerning any threat (or lack thereof) to this
DPS; (2) the location of any additional populations of the Gulf of
Maine DPS of Atlantic salmon within the DPS range, including, but not
limited to, Bond Brook, Togus Stream, Passagassawaukeag River,
Kenduskeag Stream, Felts Brook, and the Pennamaquan River; (3)
additional information concerning the range, distribution, and
population size of the DPS; (4) current or planned activities in the
subject area and their possible impacts on this DPS; (5) additional
efforts being made to protect naturally reproducing populations of
Atlantic salmon; and (6) the relationship of existing hatchery
populations to natural populations of the DPS.

[[Page 69463]]

Summary of Comments and Information Received in Response to the
Proposed Rule

We have reviewed all written and oral comments received during the
comment period and have incorporated updated data and information into
appropriate sections of this rule. We have organized substantive
comments concerning the proposed rule into specific issues. We grouped
comments of a similar nature or subject matter into a number of broader
issues. These issues and our response to each are presented in the
subsections below.
The proposed rule announced a comment period to close on February
15, 2000. On January 7, 2000, the Services extended the comment period
to March 15, 2000 (65 FR 1082). On March 15, 2000, the Services further
extended the comment period to April 14, 2000 (65 FR 13935). During the
150-day public comment period, the Services received over 200 written
comments. Three public hearings were held: January 29, 2000, in
Machias, Maine; January 31, 2000, in Ellsworth, Maine; and February 1,
2000, in Rockland, Maine (65 FR 1082). Nearly 1,000 individuals
attended the three public hearings.
In addition to soliciting and reviewing public comments, the
Services must seek peer review of its listing proposals. On July 1,
1994, the Services published a series of policies regarding listings
under the ESA, including a policy for peer review of proposed listings
(59 FR 34270). In accordance with this policy, on February 9, 2000, the
Services requested peer review of the proposed rule. The proposed rule
and status review were sent to six reviewers and responses were
received from three of these reviewers.
A summary of the peer review comments and the other comments
received in response to the proposed rule follows.

Issue 1: Peer Review

Comment 1: Some commenters voiced objections that the proposed rule
and genetic data have not been peer reviewed.
Response: The 1995 proposed rule, 1995 status review, 1997 genetics
reports, and the November 1999 proposed rule were subjected to
international peer reviews. Six scientists outside the Services with no
involvement in the status review process were asked to critically
review the proposed rule; three responded. The three peer reviewers
concluded that the recommendation to list the population as endangered
was consistent with the current status of the population and the
requirements of the ESA.
One peer reviewer stated that there was insufficient evidence in
support of the Gulf of Maine DPS designation but recommended that its
conservation status warranted special consideration. That reviewer also
stated that because Atlantic salmon have a refined homing instinct with
minimal straying, the status of Atlantic salmon populations in Canada
will have no bearing on the persistence and recovery of Atlantic salmon
in Maine. That reviewer further stated that the absence of irrevocable
evidence of genetic and ecological discreteness, as well as
significance, is irrelevant in this context.
The second peer reviewer agreed with the overall conclusions of the
proposed rule, but pointed out several areas of inconsistencies in the
proposed rule. This reviewer raised concern over the fact that Atlantic
salmon aquaculture is already well established in the DPS range and
expressed concern over the use of weirs to identify the influence of
aquaculture-reared fish on the wild salmon. This reviewer cautioned
against the use of hatchery stocks for restoration, and advised that a
genetic monitoring regime should be implemented for each hatchery
stock. Finally, this reviewer recommended a greater discussion of the
implications of dams (both natural and artificial) and dam removal on
historic and potential life history strategies for Atlantic salmon.
The third peer reviewer supported listing and found the biological
information to be well founded and described, and concurred that the
population segment is discrete and in danger of extinction. This
reviewer cited run timing, size of fish, strong homing instincts, sea
age at maturity, and management differences in the United States and
Canada as evidence of a DPS. This reviewer expressed concern over the
low numbers of adult returns and stated that the heavy loss of smolts
on their outward migration suggested a hypothesis related to endocrine
disrupting chemicals from chemical spray and other endogenous sources.
This reviewer stated that the conclusion that aquaculture practices
must be carefully controlled and regulated is justified and cited
information from Norway and Scotland as support. This reviewer
encouraged further investigation to discover the magnitude and causes
of at sea mortality and encouraged consideration of the possible
effects of climate change on the Gulf of Maine DPS.
Comment 2: Several comments were made that the Federal stocking
program should be subjected to an external peer review.
Response: The Services supported the premise of a peer review of
the salmon hatchery program when it was requested by the State of Maine
in January 1999. The Services continued to cooperate with the State of
Maine, Trout Unlimited, and the National Fish and Wildlife Foundation
in assembling the peer review panel and the scope of the review. This
initiative ended in late 1999, when the State of Maine withdrew its
support. The Services would again support an external review of the
state, Federal, and private hatchery programs in Maine.

Issue 2: Accuracy and Sufficiency of the Scientific Data

Comment 3: Several commenters stated that there is a lack of data
on the actual population size of the DPS and the causes of the stated
decline. Comments specifically questioned the exclusion of Penobscot
River adult returns from the DPS data and the present existence of any
wild salmon populations in the Pleasant and Dennys Rivers. It was
suggested that no revision of the earlier 1997 decision as to the
status of the DPS should be made until all data are demonstrated to be
complete and unequivocal.
Response: The numbers reported in the 1999 Status Review and
reflected in the proposed rule represent actual fish counts. The
Narraguagus River is the only river with relatively complete and
accurate population data during the period of population decline. Adult
salmon counts on the other DPS rivers are either partial or completely
lacking. However, during the review period there were counts of
spawning redds in those rivers that provide strong and consistent
circumstantial evidence that the decline in adult salmon spawners
documented in the Narraguagus River occurred simultaneously in other
DPS rivers. The implication of the redd counts is that the entire adult
salmon population in the Gulf of Maine DPS numbers in the low hundreds.
The number of adults counted annually at the Veazie Trap in the
Penobscot River are the direct or indirect product of salmon juveniles
stocked from Green Lake and CBNFH as part of the 30-year restoration
effort in that river. The Penobscot, with the exception of Cove Brook,
which is a tributary to the Penobscot, is not currently considered part
of the Gulf of Maine DPS. The return numbers to the Penobscot are of
interest because they provide insight into the marine survival of North
American stocks.

[[Page 69464]]

A partial salmon trapping program and the observation of redds in
the Dennys River and occasional observation of wild adult salmon and
redds most years in the Pleasant River are adequate indications that a
salmon population still exists at some level in those rivers. Because
of its proximity to marine cages, the Dennys River is most likely to
bear the greatest impact from aquaculture escapees. However, the
genetic analyses of individuals taken as juveniles from the Dennys
River to be used as broodstock for the CBNFH indicate that these fish
are of wild origin. The Pleasant River population is probably the most
at risk due to low numbers of adults combined with juvenile fish that
escaped from or were discharged from an aquaculture hatchery in the
watershed. We do not believe that the failure to observe redds for one
year is evidence of extinction. In fact, as of August 2000, three wild
adult salmon were reported at the weir site. At any point in time,
there are usually 5 or more different generations, or year classes, of
a river population in existence. A failure of one spawning year class
does not represent extinction. There is also the possibility that redds
were present but not observed because of river conditions.
The data for adult salmon returns and for juvenile salmon within
rivers in the DPS are not complete, but clearly demonstrate that a
serious population decline has occurred over the past 10 to 15 years.
The database on redd counts, the thorough documentation of the
Narraguagus population trend, the general sea survival trend indicated
by hatchery-based populations on the Penobscot, the extensive database
on population trends on many Canadian rivers and the abundance
estimates of 1SW salmon off the West Greenland feeding grounds
maintained by the International Council for the Exploration of the Sea
(ICES), all provide evidence of the precarious state of the Gulf of
Maine DPS of Atlantic salmon.
Comment 4: One commenter complained that the Services failed to
provide the raw data that formed the basis of the description of the
DPS and the conclusion that the DPS was in danger of extinction.
Response: All data used by the Services in the development of the
proposed rule was referenced in the Review of the Status of Anadromous
Atlantic Salmon (Salmon salar) Under the United States Endangered
Species Act (July 1999) and has been available through a number of
sources. The genetics information used in the Status Review and
proposed rule is contained in reports that present analyses of raw
genetics data developed by the USGS, and much of it has been available
on the internet. The raw data for these genetic reports were requested
by the State of Maine and provided by the USGS. Because the USGS had
not yet completed compiling the most recent raw genetics data
available, there was a delay in responding to a request for these data.
The data were provided to the requestor as soon as processing and
quality control requirements were completed by the laboratory. These
new data were not available for use or consideration in the development
of the proposed rule, nor were these data relied upon in the
development of the final rule.
Comment 5: Some commenters stated that there was no basis in the
information available to justify revision of the decision made relative
to the 1997 withdrawal.
Response: The reasons for the November 17, 1999, proposed listing
are specifically described on pages 62636 and 62637 of the published
proposed rule. The second paragraph on page 62637 stipulates the
factors that are primary sources of concern. Major changes in the
status of salmon documented by data available after the 1997 decision
and leading up to the 1999 proposed rule relate to new disease and
genetic threats, continuing concerns about threats posed by aquaculture
escapees, lack of progress in resolving concerns over existing
aquaculture practices, low juvenile in-river survival levels,
continuing decline in adult returns, and the lack of sufficient
progress in dealing with sport fishing (at that time) and water
withdrawals.
Comment 6: Some commenters stated that there are no data to form a
basis for the Services' determination that the population will go
extinct rather than recover in response to current recovery activities.
Response: The data available from the study of juvenile survival in
the Narraguagus River, the discovery of a large number of aquaculture
hatchery origin juveniles in the Pleasant River, a new and growing
threat of a fatal viral disease, Infectious Salmon Anemia (ISA), the
increasing use of European strain salmon by the Maine aquaculture
industry, and the extremely low marine survival indicated by data
developed by the ICES, were considered in the context of the data and
show a continued decline of DPS adult salmon returns. Under such
circumstances, the Services have determined that a listing of
``endangered'' is appropriate. A recovery plan will be developed which
will contain recovery targets. When those recovery targets are
achieved, then the Gulf of Maine DPS may be considered for
reclassification.

Issue 3: Inclusion of Other Rivers

Comment 7: Some commenters questioned why other Atlantic salmon
rivers, such as the Penobscot, in the geographic range of the DPS were
not included in the proposed rule.
Response: Salmon from a given river were excluded from the DPS if
information indicated that the fish likely did not substantially
represent a wild population that had persisted through time.
Information used to make that determination included the existence of a
reproducing population that historically had access to natal spawning
habitat adequate to have persisted, and the likelihood and extent of
introgression with fish from outside the geographic range of the DPS.
This latter factor was assessed with a variety of data including
stocking history (number of fish, life stages, and source population),
return rates of stocked fish, the origin of returning adults (i.e.,
hatchery vs. wild), and genetic characterization.
Tributaries in the lower portion of the Penobscot River (south of
the Bangor dam) were included within the geographic range of the DPS
because of their continued historic free access to migrating salmon, as
evidenced by the existence of at least one genetically unique,
naturally reproducing population. A decision whether to include or
exclude fish that inhabit the mainstem of the river or tributaries
above Bangor dam has been deferred until further analysis has been
completed, including a detailed genetic characterization. Samples have
been collected and are currently being analyzed. The Services plan to
make a determination as to the appropriateness of adding the mainstem
and upper tributaries of the river to the DPS in the year 2001.

Issue 4: Reason for Observed Genetic Difference

Comment 8: Some commenters questioned whether the genetic
differences noted between the fish from the Gulf of Maine DPS and
Canadian populations, and among populations in the DPS, could reflect
the effects of small population size (e.g., population bottlenecks,
genetic drift, founder effects) or introgression of non-native fish,
rather than the existence of historical, adaptively important genetic
differences.
Response: Numerous studies have shown that Atlantic salmon are

[[Page 69465]]

naturally substructured into genetically differentiated populations,
and that this structure is important to the overall fitness and
productivity of the species. Recent analyses indicate that genetic
structure exists among the fish in the DPS rivers. Whether this
structure reflects the existence of adaptively important traits is
subject to varying interpretations, although it should be noted that
the different interpretations of the data presented are not mutually
exclusive. Small populations can maintain important, genetically based,
adaptive traits.
After analysis of all available data, especially in the context of
the DPS representing the extreme southern terminus of the present range
of wild stocks in North America, the Services concluded that the
remaining populations have retained unique, adaptively important
genetic traits, the loss of which could preclude recovery of self-
sustaining populations. Hence, the Services are concerned with
preventing irreversible changes to the genetic integrity of the
remaining populations.
Recognizing that there are differences in how the genetic data are
interpreted, it should be noted that the genetic differences observed
among wild populations within North America are not central to the
listing decision. The Gulf of Maine DPS is delineated largely by its
unique geographical location and ecological setting relative to other
salmon populations.

Issue 5: Delineation of the Gulf of Maine DPS

Comment 9: Some stated that the proposed DPS appears to have been
contoured to coincide with the political need of the Federal restocking
program to justify the capital and operational costs of its river-
specific breeding program.
Response: The rivers comprising the current range of the Gulf of
Maine DPS have long held a special designation by the State of Maine.
In the July 1984 Management of Atlantic Salmon in the State of Maine, A
Strategic Plan, the Maine Atlantic Sea-Run Salmon Commission designated
seven rivers as ``Category A'', having fishable populations of wild
Atlantic salmon. These are seven of the eight rivers that comprise the
Gulf of Maine DPS. In 1991, in response to a continuous decline of
these wild Atlantic salmon populations, the FWS designated them as
Category 2 candidate species under the ESA, developed a prelisting
recovery plan in cooperation with the Atlantic Sea-Run Salmon
Commission, and initiated a river-specific fish culture program. The
DPS designation and river-specific culture program for six of these
seven rivers is the product of those events and an ESA Status Review in
1995. Contrary to the premise of the comment, in review of the original
petition to list Atlantic salmon throughout the U.S. range, the
Services specifically rejected as listable entities several salmon
populations that were the focus of five Federal hatcheries representing
considerably greater capital and operational costs.

Issue 6: Effect of Previous Stocking

Comment 10: Some commenters questioned how there could be a river
specific genetic strain of fish with 128 years of stocking. Another
commenter stated that it appeared that distinct populations of Atlantic
salmon in the Ducktrap River and Cove Brook have persisted over time
despite the fact that throughout history less than 100,000 fry were
stocked in the Ducktrap and no salmon were stocked in Cove Brook.
Response: Evidence suggests that stocking success was relatively
poor prior to 1971. From 1971 to 1990, most stocking efforts in Maine
used smolts rather than earlier life stages with survival much improved
over earlier stocking efforts. Starting in 1991, all stocking within
the Gulf of Maine DPS has been river-specific in origin.
Recent genetic studies show that unique genetic material exists in
the Ducktrap River and Cove Brook. Although local variability is
present in these stocks, they appear to be more closely related to
other DPS stocks than to either Canadian or European stocks.
Some authors have asserted that the magnitude of past stocking
efforts has facilitated introgression and eliminated local variability
(Kornfield et al., 1995). While the historic isolation of stocks within
the DPS may have been greater and supported higher levels of genetic
difference, subtle distinctions between stocks within the DPS remain,
and differences relative to populations outside the DPS are clear. The
majority of Atlantic salmon stocks used for supplemental stocking
within the Gulf of Maine DPS have been from within the DPS geographic
range (Baum, 1997). Because the source of most stocking efforts has
been from within the DPS, the genetic effects from stock mixing would
be substantially less than from stocks from outside the DPS. A
comprehensive examination of unstocked and stocked DPS rivers suggests
that while past stocking efforts have likely increased gene flow
between populations, this gene flow was insufficient to eliminate local
variability (King et al., 2000a; King et al., 2000b).
Comment 11: Some commenters believed that it is dangerous to label
Maine's salmon populations as a DPS since there is no historical
baseline from pre-stocking years to compare.
Response: There are no known biological samples available for
genetic testing prior to 1940 from Atlantic salmon of either northern
or southern populations. It is true that having such samples from
Atlantic salmon populations prior to stocking would be useful. However,
the Services are required to use the best available scientific
information upon which to base a determination. The Services believe
that acknowledgment and protection of existing genetic diversity is
critical to the survival of salmon within the DPS. It is also important
to note that the Gulf of Maine DPS is delineated largely by its unique
geographical location and ecological setting relative to other
populations.

Issue 7: Relationship between Life History, Morphometric
Characteristics, and Genetics

Comment 12: Some commenters questioned the reliance on life history
and morphometric characteristics in delineating the DPS, as they did
not believe these are genetically based.
Response: Life history and morphometric characteristics have been
shown to be related to both genetics and environment and their
interaction. The proportion of 2SW fish in Maine stocks, age at
smoltification, and marine maturation rates of several salmonid species
have been shown to be heritable traits.
Differences in life history among U.S. Atlantic salmon stocks and
those of Canada were identified as early as 1874 (Atkins, 1874). U.S.
Atlantic salmon stocks have been composed of predominantly 2SW salmon
(> 80 percent) from at least the late 1800s to the present (Atkins,
1874; Kendall, 1935; and USASAC, 1999). In contrast, many Canadian
stocks and several in Europe have a much higher grilse component with a
concurrently lower 2SW component that is frequently less than 50
percent (Hutchings and Jones, 1998). This life history trait is
partially controlled by stock genetics (Bailey et al., 1980; Naevda,
1983; Glebe and Saunders, 1986; Ritter et al., 1986; Herbinger and
Newkirk, 1987; Hutchings and Jones, 1998; Palm and Ryman, 1999). U.S.
stocks have a return age composition that differs from Canadian stocks,
especially neighboring stocks in the Scotia-Fundy region. It is most
probable that these differences are primarily due to genetic make-up.
The sex ratios of 1SW salmon differ between

[[Page 69466]]

Maine DPS rivers and nearby Canadian rivers. Maine 1SW salmon are
predominantly (95 percent) male (Baum, 1997) while those in the
Miramichi River, Canada, are only about 75 percent male (Randall,
1985). Genetic control of maturation rates in salmonids is not
exclusive to Atlantic salmon (Naevda et al., 1981; Naevda, 1983;
Iwamoto et al., 1984; and Burger and Chevassus, 1987).
The migration at sea differs between Maine DPS rivers and Canadian
rivers; Maine salmon have been shown to migrate at low percentages to
East Greenland while Canadian salmon have not been found there (Baum,
1997), and Maine DPS salmon return to their natal rivers earlier in the
year than Canadian salmon (Baum, 1997). Size of adult salmon returning
to Maine rivers differs between the Gulf of Maine DPS and the nearby
Canadian population segment. Maine 1SW salmon are about 2.5 centimeters
(cm) longer than Miramichi River, Canada, salmon, and Maine 3SW salmon
are about 6.0 cm longer than those in nearby Canadian rivers (data from
Baum, 1997 and Randall, 1985). Furthermore, the egg production of Maine
DPS salmon is about 10 to 20 percent greater than that of Saint John
River salmon of similar size (data from Baum and Meister, 1971 and
Randall, 1985).
Recent analyses of juvenile Atlantic salmon data suggest that while
environment has a strong influence upon juvenile growth, smolt age and
maturation (precocious parr) (Brannon, 1982), heritable differences
between stocks also influence growth and performance (Baily, 1980;
Hershberger et al., 1982; Iwamoto et al., 1982, 1984; Saxton et al.,
1984; Iwamoto et al., 1986; Kincaid, 1994; and Hutching and Jones,
1998) and ultimately determine the ability of stocks to exploit their
native habitat (Metcalfe, 1998). Though many of the distinct life
history traits displayed by Maine salmon relative to nearby Canadian
stocks have not been experimentally shown to have a genetic basis, it
is unlikely that environmental factors alone can account for all of
these differences (Baum, 2000). The combination of heritable traits and
the unique environment in Maine constrain the scope of adaptation and
provide pressures of natural selection that are exhibited in unique
life history characteristics.
Taking into account all of the foregoing factors, the Services' BRT
determined that differences in life history characteristics
historically contributed to the distinctness of the Gulf of Maine DPS.
Remnant stocks have maintained the most characteristics of these
factors: Smoltification at a mean age of two, different migration
patterns and earlier run timing, predominant adult returns as 2SW fish
(age four), low proportion of female 1SW fish, longer 1SW and 3SW fish,
and greater egg production. Since the proportion of 2SW fish in an
Atlantic salmon stock has a documented genetic basis (Naevda, 1983;
Glebe and Saunders, 1986; Ritter et al., 1986; Herbinger and Newkirk,
1987; Hutchings and Jones, 1998; and Palm and Ryman, 1999), the BRT
concluded that the DPS has unique life history characteristics that
have a heritable basis. The BRT also concluded that both environmental
and genetic factors make the Gulf of Maine DPS markedly different from
other populations of Atlantic salmon in their life history and ecology.
The National Academy of Sciences will be conducting a study of Atlantic
salmon. Upon evaluation of the final report, the Services will take
appropriate action, if any.

Issue 8: Separateness of the DPS

Comment 13: Some commenters questioned whether adequate data
existed to support the contention that the Gulf of Maine DPS is
separate from other U.S. stocks of Atlantic salmon.
Response: Defined zoogeographical regions in New England separate
the Gulf of Maine DPS from populations in most of the other New England
rivers. Although biological data are lacking for these extirpated
stocks, it is likely that populations were distinct because of
differences in selective pressures in each region.

Issue 9: Reproductive Isolation

Comment 14: Some commenters questioned how the Gulf of Maine DPS
could be reproductively isolated when substantial numbers of females
per generation migrate between the DPS rivers and the Penobscot River.
Response: Migration rates between rivers are not large. Tagging
studies have shown that hatchery fish (which tend to have higher
straying rates than wild fish) stocked into Maine rivers exhibited a
straying rate of one to two percent. In Norway, populations are
considered discrete despite straying rates of five to eight percent.
Additionally, studies show that although mixing of stocks has occurred,
genetic differences between stocks exist.

Issue 10: Historic Distribution and Abundance of Atlantic Salmon in
North America

Comment 15: Some commenters cited studies which suggest that
Atlantic salmon did not occur in North America before or during the
last glacial period (approximately 70,000 to 10,000 years ago) and the
limited documentation of these populations prior to the 1800's combined
with sporadic records during the first half of this century raises
questions regarding their historic abundance. In addition, some
commenters questioned the reliance in the Status Review on four or five
biological surveys taken in intervals of about 20 to 25 years. Since
there were significant stocking efforts in between these time periods,
they stated that fish documented in these surveys (once every 20 years
or so) are not necessarily from native or wild populations.
Response: Anadromous Atlantic salmon were native to nearly every
major coastal river north of the Hudson River (Atkins, 1874; Kendall,
1935). Genetic differentiation between North American and European
stocks (Taggart et al., 1995) supports the assumption that Atlantic
salmon were present in North America before the last glacial period and
that they persisted over time (Behnke, 1996). However, populations may
have migrated southward for a time while their northern range was
covered with glacial ice (Behnke, 1996). Claims that Atlantic salmon
did not exist in New England before or during the last glacial period
or before 1500 are based on the fact that no salmon bones have ever
been found in excavated regions of the area (Carlsson, 1993). These
explanations do not take into account the acidity of the soil in Maine
and surrounding regions which may have naturally destroyed the delicate
bones over time (Behnke, 1996), or that genetics data suggest
differentiation about 8,000 to 10,000 years ago. Based on the best
available data, there were likely at least 11 U.S. coastal watersheds
outside of Maine that historically supported wild salmon populations.
Beland (1984) reported that at least 34 Maine Rivers held Atlantic
salmon populations at one time. Other sources report the number to be
28 (MacCrimmon and Gots, 1979; Kendall, 1935).

Issue 11: Importance of Genetics

Comment 16: Some commenters questioned that if genetic differences
were that important, then how could Atlantic salmon from the Penobscot
River be used to successfully establish runs of wild salmon in the
Connecticut River? Additionally, they questioned if multiple
populations established from a donor population would differentiate
into genetically distinct populations in 20 generations.
Response: The loss of naturally reproducing fish in the Connecticut
and Merrimack River drainages represented

[[Page 69467]]

nearly 40 percent of historic U.S. Atlantic salmon juvenile production
habitat. The loss of habitat in these two southernmost rivers and their
indigenous Atlantic salmon populations certainly had an influence on
the genetic diversity of this species in the United States and North
America. These rivers are currently the focus of restoration efforts
using nonindigenous stocks mostly of Penobscot River origin. Return
rates from stocking in the Connecticut and Merrimack Rivers have been
poor relative to other North American stocks (Saunders, 1981; Friedland
et al., 1993). These low return rates appear to be attributable to the
loss of local adaptations to unique habitat characteristics associated
with the extirpated stocks (Jones, 1978; Lindell, 1987; Saunders,
1981). Additional research supports this hypothesis and indicates that
when stocks are transferred to new river systems, those from nearby
rivers typically exhibit higher return rates than stocks from rivers
farther away (Ritter, 1975; Reisenbichler and McIntyre, 1977; Riddell
et al., 1981; Ritter et al., 1986; and Hopley, 1989). Additionally,
stock specific differences in susceptibility to bacterial and viral
diseases underscore the importance of genetic variability not only to
the viability of local stocks but as a genetic resource for
conservation, restoration, and commercial aquaculture applications
(Gjedrem and Gjoen, 1995). The loss of locally adapted stocks has made
restoration more difficult in southern New England. Fortunately, some
salmonids have shown evidence of plasticity when introduced to new
environments, and locally adapted and genetically differentiated stocks
have developed in less than 20 generations (MacCrimmon and Marshall,
1968; MacCrimmon et al., 1970; MacCrimmon, 1971; and Krueger et al.,
1994). Reintroduction and range-expansion programs use this plasticity
to create viable populations, but typically success rates are highest
with neighboring stocks or those from similar ecosystems (Reisenbichler
and McIntyre, 1977; Krueger et al., 1981; and Reisenbichler and Rubin,
1999). As these restoration programs continue, their focus on the
redevelopment of river-specific stocks should enhance the genetic
resources of Atlantic salmon in the United States.

Issue 12: The Role of the River Specific Stocking Program in Recovery

Comment 17: Some commenters questioned the appropriateness and
success of the FWS river specific stocking program.
Response: The Atlantic salmon rehabilitation program is a
cooperative program involving numerous State and Federal agencies, as
well as non-governmental organizations. There has been a considerable
amount of review, oversight, and guidance on every aspect of this
program (fish culture, health, genetics, management, and habitat
evaluation) since its inception in 1991. The Maine Atlantic Salmon
Technical Advisory Committee (TAC) reviews program activities and makes
recommendations to the Atlantic Salmon Commission (ASC), and the
Services for final decisions. Also, the USASAC provides guidance to
program cooperators.
The Services supported the suggestion for a peer review of the
river specific stocking program when it was proposed in January 1999,
by the State of Maine, Trout Unlimited, and National Fish & Wildlife
Foundation. This initiative was dropped when the State of Maine
withdrew its support in the fall of 1999. The role of the river
specific program will be examined during the development of the
recovery plan.
Comment 18: Some commenters voiced concern about the restoration
program and the potential disastrous failure of that program in terms
of interbreeding, adapting the fish to freshwater, and misplacing wild
fry in habitat.
Response: Although the above mentioned aspects of the stocking
program are discussed and reviewed continually among program
cooperators, the discussion in the Status Review did not address many
of the concerns presented during the public comment period. These
issues will be discussed much more comprehensively during the
development of the recovery plan.
The level of genetic diversity in Maine Atlantic salmon populations
is very similar to the level found in Canada. The level of genetic
diversity found in fish within the DPS is similar to the level of
genetic diversity found in other North American populations, which
indicates that the genetic diversity and variation have not been
diminished by the river specific fish culture program. All precautions
are being taken by cooperators in broodstock collections, management
and spawning protocols to ensure that this genetic integrity is
maintained. Monitoring of the river-specific Atlantic salmon broodstock
at CBNFH show that the heterozygosity of the rivers has not been
compromised and is sufficiently robust to maintain a viable population
at this time. Continuous monitoring protocols are in place to ensure
that genetic integrity is maintained.
While it is true that the captive broodstock at CBNFH have not seen
a marine phase, many years of adult returns from the hatchery-produced
progeny of hatchery-reared broodstock indicate that this should not
affect the ability of the offspring to undergo smoltification and
emigrate to the ocean after the normal 2-year in-river juvenile phase.
Habitat in the rivers in the DPS has been mapped during low summer
flows by Maine ASC and FWS biologists. Efforts are made during stocking
to target areas which have been identified as good fry habitat. Fry
stocking is usually suspended during periods of higher than normal
flows to prevent stocked fry from being washed out of the target
stocking areas.
Comment 19: Some commenters cited poor returns in 1997, 1998, and
1999 as evidence of failure of the river-specific stocking program.
Response: The life history of the Atlantic salmon is complex.
Survival at all life stages is dependent upon many biological and
physical factors in the freshwater and marine environments. The goal of
the river-specific stocking program is to ensure that the freshwater
rearing habitat is optimally used by genetically suitable stocks for
the purpose of producing out-migrating smolts in spite of low returning
adult populations. The goal is to maintain a population until those
factors which are negatively affecting populations are lessened through
naturally occurring forces and/or human intervention.
Hatchery program evaluations indicate that the hatchery program,
through both fry and broodstock releases, has increased the juvenile
population beyond what the low number of returning adults would
provide.
It has taken several years to develop captive broodstock from parr
collection in numbers sufficient to optimally use the rearing habitat.
This level of use has been approached only within the last 4 or 5
years. The adult returns to DPS rivers in recent years reflect releases
of relatively small numbers of fry. It is premature to make any
statements regarding the success or failure of the stocking program's
contribution to adult returns since it takes four years to grow from a
fry to adult salmon. Significant adult returns from significant numbers
of stocked fry should begin to appear in 2001.
The Services will continue to monitor the success of the hatchery
program and continue to explore ways to improve hatchery releases,
especially in light of the newly redesigned CBNFH isolation facility.
For example, the current

[[Page 69468]]

program was recently revised to sample and track the DNA from
individuals which comprise a mating pair. This allows the tracking of
stocked fry and better assessment, monitoring, and management of the
fish culture program.
The best scientific principle, which is accepted world-wide,
dictates that the best source to use to rebuild a fish or wildlife
population is that same population. If this population does not exist,
then the next best population to use is one that is nearby and similar
biologically. The remnant populations of six of the eight rivers within
the Gulf of Maine DPS range are being used to maintain and rebuild
these salmon populations.
Comprehensive DNA fingerprinting of each salmon broodstock for the
DPS rivers indicates that the level of genetic diversity and variation
are similar to other North American populations. This indicates that
the river-specific program has not diminished the genetic integrity of
these populations. All precautions are being taken by program
cooperators in broodstock collections, management, and spawning
protocols to ensure that this integrity is maintained. Continuous
monitoring of the river-specific Atlantic salmon broodstock at CBNFH
shows that the hetereozygosity of the rivers has not been compromised
and is sufficiently robust to maintain a viable population.
The goal of the Atlantic salmon rehabilitation program is to
maintain a juvenile population of genetically compatible salmon while
optimizing the use of rearing habitat to produce out-migrating smolts
until the adult population recovers adequately to meet natural
reproduction requirements. Monitoring studies have shown that juvenile
populations in areas which have been stocked with fry are higher than
would be expected from the observed levels of natural reproduction. The
hatchery program also provides refugia for salmon populations which are
at low levels and in danger of ceasing to exist, as is the case with
the Gulf of Maine DPS salmon populations. The stocking program has been
successful in these aspects of the program. Continued monitoring of the
river-specific stocking program will be conducted to evaluate its
impact on the recovery of the Gulf of Maine DPS. Modifications based
upon the results of the monitoring will be made as necessary.
Comment 20: One commenter suggested that the Services should work
with the new ASC and direct the hatcheries to return all river-specific
fish they have in the holding tanks to their specific rivers--return
all to their home rivers, remove all weirs and allow the fish to move
naturally.
Response: Returning all hatchery broodstocks to the rivers of
origin is an option that could be posed to the ASC for discussion
within the Commission, and with other involved state and Federal
agencies, and the interested public for consideration.
The Services believe, however, that this action, under current
environmental conditions, would pose an unacceptable risk to the small
remnant populations in the Gulf of Maine DPS for several reasons. The
hatchery system serves two functions. It provides a refuge for those
remnant salmon populations which are in danger of extinction, as well
as increasing the probability of rebuilding these populations, because
survival at all lifestages in the hatchery is much greater than in the
wild. This affords an opportunity to protect and maintain these
populations until environmental conditions become more favorable to the
survival of the salmon through natural cycles, and as a result of
habitat protection and enhancement being conducted by agencies and
watershed councils.
Broodstock that are surplus to the needs of the hatchery are
returned to their river of origin. In 1996, 503 adult fish were
returned to their rivers, 583 in 1997, 907 in 1998, and 81 in 1999.
Comment 21: One commenter claimed that the river specific stocking
program has no biological basis at this time due to low population
sizes.
Response: The benefits and risks of a river-specific rehabilitation
program must be considered in the context of population dynamics,
especially population size, which can cause (1) inbreeding depression,
(2) loss of genetic variation, and (3) outbreeding depression. If
populations become small, the risk of inbreeding depression and loss of
genetic variation increases. In response to this, one management option
is the introduction of fish from outside the population; however,
hazards such as outbreeding depression are associated with this option.
For the salmon in question, each population is comprised of
multiple year classes of wild and captive fish. The effective
population size is hence much larger than the number of returning
adults in any given year. Nonetheless, if effective population size
becomes low, or if genetic data indicate a loss of variation within a
population, then it would be appropriate to consider modification of
the river-specific protocols for a given population. DNA fingerprinting
of broodstock indicates that the levels of genetic diversity within the
broodstocks from the DPS rivers are similar to other wild populations
in other countries. In addition, many precautions are being taken by
program cooperators in broodstock collections, management, and spawning
protocols to ensure that genetic integrity is maintained.
Comment 22: Some commenters stated that the existing stocking
program is clearly not working, and suggested that the Services invite
the watershed councils and sporting clubs to help redesign that
program. They suggested that the current program be replaced with a new
river-by-river stocking program with oversight groups that are composed
of at least 50 percent local citizens.
Response: The current rehabilitation program is a river-by-river
program using remnant populations to rebuild the salmon populations.
The redesign and reconstruction of the CBNFH has allowed cooperators to
develop broodstocks for six of the eight DPS rivers, with no plans
being made to develop broodstock for the Ducktrap River and Cove Brook.
The watershed councils participate in the current program and are
invited to provide input through Project SHARE (Salmon Habitat and
River Enhancement), watershed council meetings, and meetings of the
Downeast River Coalition, as well as informal discussions with the
agencies. Watershed Councils are also encouraged to participate in
meetings of the Maine TAC and ASC, and are actively participating in
stocking and fish culture activities. This is an evolving process, and
it is anticipated that the agencies and watershed councils will work
more closely together as time goes on. For example, the Downeast River
Coalition and various fishery agencies have cooperated in developing
the Pleasant River Broodstock Management Plan. Additional opportunities
for involvement will be available during the recovery planning process.

Issue 13: Fish Health

Several comments were received on the relative risk to the DPS from
fish diseases. These comments raised questions of three types: (1)
Questions regarding the risk posed by aquaculture fish, specifically
concerning ISA; (2) questions regarding the need to destroy the
Pleasant River broodstock; and (3) questions regarding why Federal
hatcheries are not held to the same fish health standards as private
fish culture facilities.
Comment 23: Some commenters stated that there is no basis to
presume that aquaculture fish pose a special

[[Page 69469]]

threat to wild salmon in Maine since (a) ISA has existed in Canada for
3 years without appearing in any U.S. fish, (b) there is no scientific
documentation of aquaculture fish transmitting disease to wild fish,
and (c) the disease already exists in the wild.
Response: The Services recognize that disease is a natural part of
wild salmon's existence as fish pathogens are a normal part of the
aquatic environment. However, the concern raised in the proposed rule
relates primarily to the recent occurrence of two disease organisms
that were previously unknown in the DPS's geographic area. One is the
SSSV recently discovered in Pleasant River broodstock (see Response
13b).
The second is the occurrence of the ISA virus in Canadian
aquaculture pens, some within the known infective range of U.S. sea
pens. The ISA virus is extremely destructive to maturing salmon and
there is no known cure. This virus has only been known to cause disease
in situations where fish were artificially confined and was not
observed in the carrier state in free ranging salmon or other species
until very recently. The ISA virus has been found in wild salmon in
Scotland, as well as in confined rainbow trout, wild sea trout, and
eels. There is a possibility that the virus can be spread to confined
populations (e.g. sea pens) by wild fish of other species, but that has
not yet been demonstrated. It is known that it is transmissible
laterally between fish pens within 5 kilometers (km) of each other, and
by the discharge of slaughter wastes. ISA disease has, to date, only
been found in wild fish that have been exposed to infected aquaculture
fish in New Brunswick, Canada. There are Canadian aquaculture sites
with recent ISA infections close enough to U.S. aquaculture sites in
Cobscook Bay, the location of Maine's greatest concentration of salmon
aquaculture pens, to create a significant risk of the introduction of
the virus to U.S. aquaculture stocks. The extensive testing and
precautions that have been taken by the Maine aquaculture industry and
the State in response to this situation underscore this risk. A
significant portion of the adult DPS salmon must swim near U.S. pens in
Cobscook Bay and the vicinity of the Machias Rivers. The possible
establishment of ISA in and around U.S. pen sites, and its presence in
nearby Canadian aquaculture sites pose a risk to wild salmon. This may
have severe consequences and was not known to exist during the 1995
Status Review. The Services recognize that fish pathogens exist in the
wild, and aquaculture operations or any other artificially created
concentration of fish do not in themselves create pathogens or disease.
However, the effect of concentrations of individuals on magnifying the
level of any pathogen present and the rate and extent of any resultant
epizootic is well known (Finlay and Falkow, 1989). Therefore, the
Services concluded that the presence of the ISA virus in the geographic
range of the DPS, and the existence of extensive concentrations of net
pens create a new and significant risk directly to the DPS adults and
indirectly to the rehabilitation program currently supplementing the
DPS juvenile population.
Comment 24: One commenter questioned the decision to destroy the
Pleasant River broodstock.
Response: State and Federal agencies responsible for producing fish
for release in the wild maintain extensive fish health management
programs designed to protect the fish being produced for the public,
the facilities used to produce them, and most importantly, the public
health and health of other wild fish populations and their environment.
Procedures to be followed by an agency when a fish disease situation
develops are documented through guidelines and policies (e.g. Fish and
Wildlife Service National Fish Health Policy and Guidelines, New
England Salmonid Health Guidelines, and various state regulations)
which are generally based on procedures described in the so-called
``Blue Book'' produced by the American Fisheries Society. In general,
the most stringent counteractions to a disease outbreak in a hatchery
are called for when the disease agent is a newly discovered pathogen or
one that had not previously been found in the affected geographic area.
This was the case with the disease that attacked the Pleasant River
wild broodstock being held in captivity at the North Attleboro National
Fish Hatchery (NANFH). A retrovirus named SSSV and believed to be the
cause of fatal symptoms that developed in the sub-adult Pleasant River
broodstock, represented a previously unknown salmon disease. The extent
of the threat posed to salmon was not known but, under conditions that
existed at the NANFH, the disease was fatal and had no known treatment.
The Massachusetts Fish and Wildlife Department, in accordance with
customary procedures with an exotic disease, required the FWS to remove
these fish from the hatchery which discharges its water into state
public waters. The surviving fish were placed in quarantine facilities
available at the USGS laboratory in West Virginia so that research
could be conducted before destroying and disposing of these infected
fish. Subsequent testing of a related group of Pleasant River
broodstock held at a private facility in Maine showed these fish also
carried the virus, though there were no disease symptoms. These fish
had to be removed in order to protect the viability of the facility as
a commercial hatchery. No suitable quarantine facilities existed that
could safely hold the fish, thus necessitating their destruction. Even
if quarantine facilities could have been found and the fish never
developed symptoms, their usefulness as broodstock was compromised.
Since the virus may be transmissible from an infected parent to the
eggs it produced, and given the exotic nature of the virus, any
juvenile salmon produced from those infected fish could represent a
serious threat to wild and aquaculture fish, and could not prudently be
released into the wild.
In the spring of 2000, program cooperators initiated a second
attempt to preserve and rebuild the Pleasant River salmon population.
This was made possible by the reconstruction of CBNFH and the addition
of one isolation bay. A trap on the Pleasant River at Columbia Falls
captured outmigrating Atlantic salmon smolts to help enumerate the
population and to determine origin (wild or aquaculture). A total of 37
smolts and 24 age 2 parr were brought into CBNFH for holding until they
become mature broodstock. Subsequently, 52 age 1+ parr were captured
during the summer of 2000 to augment these earlier smolt and parr
collections.
In the past year, the FWS and the State of Maine have developed
procedures to manage broodstock from populations that contain the SSSV.
Newly captured wild broodstock are held in isolation for testing. Any
carriers of the virus are culled from the broodstock population in the
hatchery prior to spawning, and fry are tested for the presence of the
virus prior to release. In 1999, the FWS, in cooperation with the Maine
Fish Health Technical Committee, developed a ``Best Management Plan for
SSSV'' for the CBNFH. All broodstock which previously tested positive
for SSSV were removed from the spawning population and not used in the
1999 spawning season.
Comment 25: Federal hatcheries are not held to the same fish health
standards as private fish culture facilities.
Response: As a matter of national policy, a national fish hatchery
abides

[[Page 69470]]

by the fish health regulations of the state in which it is located or
the state to which fish are shipped. Further, national fish hatcheries
abide by the FWS's Fish Health Policy and Guidelines and, in New
England, the New England Salmonid Health Guidelines in cases where
those requirements are more stringent than the prevailing state
requirements. In special situations dealing with imperiled fishes, the
Service and the appropriate state agency may develop special
procedures, especially relative to disease testing and monitoring, if
general practices are not possible for rare stocks.

Issue 14: Fish Stocking Policies in DPS Rivers

Comment 26: Comments were received that questioned how the listing
would deal with the current stocking policies in the DPS rivers. Brook
and brown trout have been stocked in some of the DPS rivers and
landlocked salmon are known to populate headwater lakes of DPS rivers.
Concern was raised regarding the potential for interbreeding,
competition, and agonistic behavior among and between species.
Response: As noted in the Review of the Status of Atlantic Salmon
(Salmo salar) under the U.S. Endangered Species Act (1999),
interactions between wild Atlantic salmon and other salmonids are
mostly limited to interactions with brook trout and brown trout.
Competition between species likely plays an important regulatory role
and may cause Atlantic salmon, brook and brown trout populations to
fluctuate on an annual basis. However, it is difficult to draw
conclusions regarding the effects and magnitude of interspecific
competition or (in the case of landlocked salmon) the extent of
interbreeding.
The Maine Department of Inland Fish and Wildlife recently began an
evaluation to better understand the interactions between Atlantic
salmon and other freshwater fishes. A draft report entitled ``Potential
Interactions Between Atlantic Salmon and Freshwater Fishes'' has been
completed with specific emphasis on DPS rivers. The report is now being
routed through administrative channels with a copy to the ASC for
review.
Results of the draft evaluation suggest that areas that require
additional evaluation or scrutiny include the Sheepscot River where
natural reproduction of brown trout is known to occur. Brown trout were
once stocked in the watershed. While they are no longer intentionally
released in the river, wild populations will continue to be monitored
in future years. Both landlocked and sea-run salmon are known to spawn
at the outlet of Meddybemps Lake, the headwaters of the Dennys River
watershed. Management measures that will include screens at the outlet
of the lake may minimize interactions by limiting the introduction of
landlocked salmon to the river. A proposal to rear brown and rainbow
trout, as well as a brook trout/char crosses in an aquaculture venture
in the Sheepscot River estuary has been approved by the U.S. Army Corps
of Engineers (ACOE). Also, surveys have documented a resident
population of largemouth bass in the Ducktrap River. This species was
released in the watershed in the 1960's, and currently there is no
viable way to control the population. It is anticipated that the
fishery resource agencies will continue to assess and evaluate the
potential for impacts to sea-run Atlantic salmon resulting from
interactions with other fish species. Where feasible and appropriate,
measures will be implemented to avoid and minimize adverse impacts to
salmon.

Issue 15: Bycatch of Atlantic Salmon in Commercial Fisheries

Comment 27: Four comments were received concerning the issue of a
listing and its potential adverse effect on other commercial fisheries.
Specifically there was concern that listing would immediately result in
a closure of elver fishing and consequently limit jobs.
Response: Juvenile eels, or elvers, begin to migrate into Gulf of
Maine watersheds in March with peak migrations occurring in April and
May. Extended migrations sometimes continue into June and July. The
elver migration and fishery occurs coincident with the emigration of
Atlantic salmon smolts. The elver fishery may extend into June,
coincident with immigration of adult salmon destined for upriver
spawning areas. Regulations of the elver fishery include a season from
March 22 to May 31, ban on harvest of elvers upriver of the head-of-
tide, limits on the length of fyke nets that can be set in waterways,
prohibition on nets from the middle third of any waterway, and a
requirement for finfish excluder panels integral with nets to minimize
bycatch and mitigate adverse impacts on non-target species. Most nets
are deployed near head-of-tide and immediately adjacent to the shore.
Entry into the elver fishery was limited in 1999 to reduce harvest, and
in 2000, a lottery was introduced for license acquisition. American
eels are managed by an interstate fishery management plan under the
Atlantic States Marine Fisheries Commission. As long as the member
states are in compliance with the fishery management plan, there will
be no closures or changes in the state program.
Elvers are often evenly distributed throughout the water column
when moving upriver on the flood tide but near head-of-tide they are
found along the shore. Maine Department of Marine Resources (DMR)
biological staff in recent years have not observed or documented
incidental bycatch of either juvenile or adult Atlantic salmon in elver
nets. Fish species that have been captured in small numbers include
smelt, pollock, stickleback, pipefish, and mummichog. Fishing effort
for elvers has decreased in the last 3 years because of restricted
license issuance and the fact that market price has decreased
considerably. It is not likely that there will be fishery closures or
loss of jobs in this fishery, nor a significant decrease in license
issuance when the Gulf of Maine DPS of Atlantic salmon is listed as an
endangered species.

Issue 16: Poaching

Comment 28: Some commenters were concerned that a reduction of
recreational angler presence on DPS rivers would increase poaching.
Response: Measures continue to be implemented by resource agencies
to minimize and eliminate the illegal take of salmon on DPS and other
salmon rivers in the State of Maine. Funds were made available through
grants to support two State seasonal enforcement staff on DPS rivers in
years 1998 and 1999, and residual grant funds have been used to
purchase surveillance equipment in the year 2000. While funding for
enhanced fishery enforcement efforts on DPS rivers diminished in 2000,
resource agency personnel are keenly aware of the need to advise
recreational anglers and the public that protection of Atlantic salmon
is a high priority. The DMR is posting signs on salmon rivers that
advise of the presence of salmon and the need for their protection. In
addition, the DMR has employed a seasonal Marine Patrol Officer to
promote and enforce recreational fishing regulations.
While all waters in the State of Maine are closed to angling for
sea-run salmon, other protective measures are also being implemented on
an as-needed basis. In late June 2000, a reach of the Penobscot River
immediately downstream from the Veazie Dam was closed to all angling to
eliminate the accidental capture of salmon. The ban on fishing was
needed because striped bass anglers were catching salmon in that area.
This reach

[[Page 69471]]

of river downstream of the dam is a location where both salmon and
striped bass congregate. The reported bycatch of salmon by anglers
fishing for American shad on the Narraguagus River prompted an increase
in enforcement personnel presence on the river during spring 2000. In
addition, resource personnel involved in scientific studies on the
Narraguagus River have kept enforcement staff advised of angler
activity and have continued to advise anglers and the public of the
need to protect all life stages of salmon.
A unique initiative involving the release of mature salmon in the
Dennys River and the Machias River estuary in fall 2000, is expected to
foster cooperation among anglers and residents of these watersheds for
the protection of salmon. This cooperative venture involving the
aquaculture industry and fishery resource agencies will place a full
complement of adult salmon on the spawning grounds in the Dennys River
and adult fish in the lower Machias River. Interest in this initiative
is high among stakeholders, and it is anticipated that this interest
will offer increased protection for salmon in the watersheds. This
program will be evaluated to determine the utility of this approach in
a recovery effort.

Issue 17: Aquaculture

Comment 29: The concern has been raised that fish being used in
aquaculture have not been removed from the wild for a sufficient amount
of time to become genetically distinct from wild stocks. As a result,
these fish should not pose a threat to wild resident populations should
they escape from captivity.
Response: A large percentage of the fish being used in aquaculture
currently are of European origin and, therefore, are genetically
different from the native North American strains. North American
strains used by the industry are genetically different from wild North
American strain due to changes introduced through domestication. The
industry selects fish best suited to grow in captivity, which would
likely select for different traits and characteristics than those most
suited for survival in the wild.
Comment 30: One commenter suggested that farm raised fish should be
introduced into the rivers to allow fishing for everybody and improve
the economy.
Response: The goal of the Maine Atlantic salmon rehabilitation
program is to enhance and protect the eight remnant populations of
Atlantic salmon in the rivers which comprise the Gulf of Maine DPS. The
Services are using river-specific remnant populations and rebuilding
them to the spawning escapement level needed to sustain the population.
This is to achieve both human and environmental benefits, so that
people will be able to fish for these salmon in the future, as they
have done in the past.
Farm fish releases for sport fishing are inappropriate,
particularly at a time when the salmon runs are so endangered. Recovery
of wild runs and permanent habitat protection are the objectives of
conservation for the Gulf of Maine DPS. Sport fishing can be considered
once the other objectives are attained.
Comment 31: One commenter questioned the decision not to stock some
river-specific fish from aquaculture facilities into the rivers due to
fish health concerns.
Response: River-specific Atlantic salmon being raised by the
aquaculture industry in net pens located in Machias Bay will be
released into appropriate rivers after passing a comprehensive fish
health survey. These releases are part of an evaluation program being
overseen by the TAC to rebuild the salmon populations in these rivers,
evaluate the impacts of these releases on juvenile populations, and set
a direction for future cooperative programs with the aquaculture
industry. The TAC is created by a Cooperative Agreement and is composed
of state and Federal representatives who advise the Federal and state
resource agencies on any technical matters relative to the Atlantic
salmon restoration and rehabilitation programs in Maine.
The river-specific fish held in Cobscook Bay will not be released
based on the recommendation of the Maine Fish Health Technical
Committee. This recommendation was made as a result of the risk of
spreading ISA to wild salmon populations and aquaculture facilities in
the United States. This ``quarantine'' procedure is consistent with
protocols adopted in Canada to prevent the spread of this virus in an
effort to protect both the wild and aquaculture stocks of Atlantic
salmon. ISA is already present in the Canadian side of Cobscook Bay.
Comment 32: Some commenters questioned the evidence regarding
numbers of escapees in rivers or actual impact on wild stocks in Maine
from aquaculture, including any impacts from the use of European
stocks.
Response: Since the aquaculture industry began in the Canadian
Maritime Provinces in 1979, escapees from sea pens and hatcheries have
been documented in 14 rivers in New Brunswick and Nova Scotia, Canada.
The Magaguadavic River is the only river in the Maine/Maritime area
that has been monitored closely for interactions between wild and
farmed fish. That monitoring began in 1992. Adult salmon of farmed
origin have outnumbered wild salmon in that river since 1994 and
exceeded 80 percent for three of the five years between 1994 and 1998.
Analysis of eggs taken from the Magaguadavic River in 1993 revealed
that at least 20 percent of the redds were constructed by females of
farm or cultured origin, and another 35 percent were of possible
cultured origin (Carr et al., 1997). In addition, emigrating smolts in
1996 were 51 to 67 percent farm-origin and those exiting the river in
1998 were 82 percent farm-origin and cited as evidence of leakage of
juveniles from aquaculture facilities on the watershed (Canadian
Department of Fisheries and Oceans (DFO), 1999).
The U.S. aquaculture industry is newer and smaller than the
Canadian industry, but has been growing rapidly. Occurrences of adult
escapees in Maine Rivers are increasing commensurately. Maine
production increased from less than 500,000 smolt stocked and 2,000
metric tons produced annually before 1990 to over four million smolt
stocked and up to 15,000 metric tons (mt) produced annually by 1998.
There is a standing crop of about six million sub-adult salmon in pens
in eastern Maine (Baum, 2000). Since documented escapees in Maine
rivers were listed through 1997 in the 1999 Status Review, Baum (2000)
has provided documentation of 143 more adult escapees observed for the
St. Croix, Dennys, Narraguagus, and Union Rivers for 1997-1999. Though
the St. Croix and Union Rivers are not DPS rivers, they serve to
demonstrate the relation between increasing numbers of salmon in net
pens and the increasing occurrence of escapees in nearby rivers. In
evaluating the extent of escapes, it must be remembered that these are
observed escapees and represent only a portion of actual escapees.
Intensive studies of genetic interaction between wild salmon and
aquaculture escapees in Northwest Ireland rivers have clearly
demonstrated that escaped juvenile salmon have completed their entire
life cycle in the wild, including accurate homing to natal rivers and
interbreeding with wild salmon (Clifford et al., 1998). It has been
demonstrated that escapees are present in some of the DPS rivers, and
many have been observed to be sexually mature (Baum, 2000). There is
recent observation of circumstantial evidence of a female aquaculture
escapee successfully spawning in the Dennys River (personal
communication, Ed

[[Page 69472]]

Baum, 1996). Genetic studies (King et al., 1999) have shown the rare
occurrence in wild (DPS) fish collected in Maine of alleles that are
common in European stocks. This strongly suggests that some level of
introgression of European alleles may have already occurred. The
experiences from rivers in Canada (DFO, 1999), Ireland (Clifford et
al., 1998), and Norway (Fleming et al., 2000 ), which are very similar
to Maine salmon rivers, and where aquaculture has a longer history and
a greater level of investigation, provide substantial evidence that
negative impacts to the DPS can be reasonably anticipated to occur in
Maine.
Comment 33: Some commenters stated that the voluntary Code of
Containment combined with weirs on some rivers provide adequate
protection of wild stocks from escapees without any further steps
needed.
Response: There were no data collected for the Dennys, Pleasant,
Machias, East Machias, Ducktrap, or Sheepscot rivers for sea pen
escapees during the last three years. Where data are available (Baum,
2000), there is a clear trend towards increasing numbers of escapees
from cages entering nearby Maine rivers commensurate with the rapid
expansion of aquaculture in eastern Maine. This increase is occurring
in spite of most Maine sea pens currently implementing the voluntary
industry Code of Containment standards.
Comment 34: One commenter suggested that a 1- percent pen escape
rate (based on Norwegian data) and a 1- percent survival to the river
(basis of commenter's estimate uncertain) would result in 600 escapees
in the eastern Maine rivers (with a standing crop of six million). As
the great bulk of salmon are raised near the estuaries of the Dennys
and the two Machias Rivers, the commenter supposed that annual escape
to those rivers would outnumber the estimated DPS populations in those
rivers by several fold. Among these rivers, a weir is present only on
the Dennys. Trapping facilities and a weir are planned for the Machias/
East Machias respectively, but the date and financing are undetermined.
It is also important to note that weirs are seasonal structures and,
therefore, do not trap fish on a year-round basis. Fish barriers can
reduce the degree of threat from a relatively large number of escapees,
but cannot be considered as adequate protection for the DPS.
Response: Recent evidence of juvenile escapees from an aquaculture
hatchery emigrating as smolts from the Pleasant River (Baum, 2000)
represent a threat that Codes of Containment for sea pens and weirs
entirely fail to address. A commercial hatchery is also located on the
East Machias River.

Issue 18: Marine Survival

Comment 35: Some commenters questioned why the Services consider
Maine salmon populations to be on the verge of extinction instead of
simply attributing the decline to population cycles.
Response: Although population dynamics of Atlantic salmon are
intimately related to and influenced by environmental variables,
threats caused by man exacerbate the severity of the situation. These
threats are serious enough to make a difference between survival and
extinction. It is important to note that Atlantic salmon populations
continue to decline even with recent increases in favorable marine
environmental variables.

Issue 19: Climate Change

Comment 36: Some commenters cited accounts of temperature rises of
one to three degrees Celsius since the 1920s and 1930s, and questioned
whether the remaining wild Atlantic salmon of the Gulf of Maine DPS
will be able to survive such climatic variability.
Response: An examination of the effect of warming climate on
fishery resources illustrates the challenges to fish on the southern
end of their range. Climate models predict significant warming over the
next century as the carbon dioxide content of the atmosphere increases.
Records show that there have been periods of warming and cooling of the
North Atlantic Ocean, but changes have not been uniform over all areas.
Global warming can have an effect on sea temperatures, wind
currents, fresh water input, and mixing of the ocean's surface layer.
Fish, being poikilotherms, maintain a body temperature almost identical
to their surrounding environment. Thermal changes of just a few degrees
Celsius can critically affect biological functions in salmonids such as
protein metabolism (McCarthy and Houlihan, 1997; Somero and Hofmann,
1997; and Reid et al., 1998), response to aquatic contaminants (Reid et
al., 1997), reproductive performance (Van Der Kraak and Pankhurst,
1997), smolt development (McCormick et al., 1997), species distribution
limits (McCarthy and Houlihan, 1997; Keleher and Rahel, 1996; and Welch
et al., 1998), and community structure of fish populations.
It has been suggested that an overall increase in river water
temperatures due to global warming may actually benefit certain fish
populations due to greater growth opportunity. Increased opportunities
for growth in the spring and summer could increase the percentage of
fish that enter the upper size distribution of a population and smolt
the following spring (Thorpe, 1977; Thorpe et al., 1980; and Thorpe,
1994). In addition, warmer rearing temperatures during the late winter
and spring have been shown to advance the timing of the parr-smolt
transformation in Atlantic salmon (Solbakken et al., 1994). There is,
however, an optimal temperature range and a limit for growth after
which salmon parr will stop feeding due to thermal stress. During this
time, protein degradation and weight loss will increase with rising
water temperature (McCarthy and Houlihan, 1997).

Issue 20: Threat Posed by Public Hatchery Practices

Comment 37: Some commenters stated that the Status Review did not
adequately address the risks posed by public hatchery practices given
their dominant influence on Maine salmon and the proposed extension of
the ESA's protection to their output.
Response: It is true that a hatchery program can have large
impacts, both positive and negative, on fish populations. Every
precaution is being taken to ensure that the river-specific
rehabilitation program in Maine will enhance the population in a
positive manner. Broodstock are collected in such a manner as to
maximize the genetic material available in the individual rivers.
The rehabilitation program is carried out with the guidance of
state and Federal fish genetic experts, and spawning is conducted
according to protocols developed and peer reviewed by the Maine TAC and
Assessment Committee. Activities are guided by program specific
documents such as the following: Broodstock Collection Recommendations
to the Maine TAC by the Maine Atlantic Salmon Broodstock Working Group;
Management and Spawning Protocols for Atlantic Salmon Broodstocks at
the CBNFH, October, 1997; CBNFH Interim Disease Management Plan, Best
Management Plan for SSSV by the Lamar (PA) Fish Health Unit, November
1999; Atlantic Salmon Broodstock Management and Breeding Handbook by
the USFWS, Biological Report 89 (12) July 1989; and the CBNFH Standard
Husbandry Procedures for Biosecurity (In draft). Activities are also
guided by regional and agency policies and guidelines regarding fish
health and management plans such as the following: Maine Atlantic
Salmon Restoration and

[[Page 69473]]

Management Plan, 1995-2000, Atlantic Sea Run Salmon Commission; Report
of the Maine Atlantic Salmon Authority to the Joint Standing Committee
on Inland Fisheries and Wildlife; Maine Atlantic Salmon Management Plan
with Recommendations Pertaining to Staffing and Budget Matters, January
1997; and Atlantic Salmon Conservation Plan for Seven Maine Rivers, The
Maine Atlantic Salmon Task Force. March 1997.
Fish health management is conducted in close consultation with the
FWS' Lamar Fish Health Unit, the Maine Fish Health Technical Committee,
and in strict compliance with state, regional, and Federal regulations,
protocols, and guidelines.
Hatchery populations are included as part of the DPS when they are
similar to the native, naturally spawned fish, and are listed along
with the DPS when they are determined to be essential to the recovery
of the wild population. These hatchery populations are vital to
compensate for the prolonged period of low adult returns, but they are
not counted as part of the recovery goal. That goal is based upon wild
spawners returning. Since the river specific broodstock were derived
from the wild populations, they are determined to be similar to the
naturally spawning fish. Genetic analysis of the broodstock has
confirmed that the genetic diversity of the wild populations is being
maintained in the captive population. Therefore, the river-specific
broodstock and their progeny are part of the DPS. The purpose of the
river-specific program is to facilitate recovery of these depleted
populations. The river specific program is providing a critical role in
increasing the effective population size of five of the populations
within the DPS, and therefore providing a buffer against extinction.
The hatchery populations are, therefore, essential to the survival and
recovery of the wild populations. The Services further believe that
naturally spawning Atlantic salmon populations founded by the hatchery
populations will play an important role in the recovery process.
The Services have issued a final policy regarding controlled
propagation of species listed under the ESA (65 FR 56916, September 20,
2000). The policy recognizes that, in certain circumstances, controlled
propagation is an essential tool for the conservation and recovery of
listed species. The policy advises that if controlled propagation is to
be used as a strategy in the recovery of a listed species, it must be
conducted in a manner that will minimize risk to existing populations
and preserve the genetic and ecological distinctness of the listed
species. These have all been considerations in designing and
administering the current hatchery program. The ongoing and future role
of the river-specific rearing program in the overall recovery plan for
the Gulf of Maine DPS will be fully addressed in the recovery plan to
be developed following this listing action.

Issue 21: Impact on Individuals

Comment 38: Many commenters expressed concern that listing would
affect the conduct of their daily lives by imposing additional
restrictions upon them once listing occurred.
Response: Unless an individual or organization is engaged in an
activity that is likely to result in a ``take'' of Atlantic salmon,
they will not be affected by the listing. A list of potential take
activities was provided in the proposed rule and a revised list is
being published in this final rule. It is the opinion of the Services
that few, if any, individual citizens will be engaged in these
activities or any others which may cause ``take'' of salmon. The
Services remain committed to working with individuals and industries to
ensure adequate protection is provided to Atlantic salmon and their
habitat while minimizing effects to individuals and businesses. The
Services acknowledge that listing the DPS may require some modification
of current practices in the aquaculture and agriculture industries, and
the Services have been working with the affected groups to achieve the
necessary level of protection for salmon within the DPS. We are
confident that these changes can be accomplished with minimal
disruptions.

Issue 22: Citizen Suits

Comment 39: Some commenters suggested that listing the DPS would
bring a rash of lawsuits pursuant to the citizen suit provision of the
ESA. The intent of the suits would be to force changes in land use or
business practices in Maine.
Response: Section 11(g) of the ESA entitled ``Citizen Suits'' says,
in part,
``* * * any person may commence a civil suit on his own behalf (A) to
enjoin any person, including the United States and any other
Governmental instrumentality or agency (to the extent permitted by the
eleventh amendment to the Constitution), who is alleged to be in
violation of any provision of this act or regulation issued under the
authority thereof.''
This provision of the ESA is exercised by citizens or organizations
seeking redress in those instances where they contend that no action,
limited action, or inappropriate action is putting listed or
petitioned, species at risk. The individual or organization making such
claims is required to present information to support its position.
Currently, the only salmon-related active citizen suits under this
provision in Maine are against the Services for accepting the State of
Maine Atlantic Salmon Conservation Plan in 1997, and concurrently
withdrawing a proposed rule designating a seven-river DPS as
``threatened.''

Issue 23: Resources for Recovery

Comment 40: Some commenters expressed concern that there were not
adequate resources to bring about salmon recovery.
Response: The determination of whether a species is ``threatened''
or ``endangered'' is a biological one and does not consider the
economic benefits or costs of listing. The Services acknowledge that
listing does not guarantee that additional funding will become
available, but the ``endangered'' or ``threatened'' designation raises
the level of awareness about the species' plight, and allows the
Services to spend funds from the portions of both Services' budgets
designated for listed species management and protection. It also
increases the likelihood that other involved Federal, State, and
private organizations will dedicate more funds for salmon recovery. It
is also important to note that section 7 of the ESA provides mandatory
protection from any Federally permitted, authorized, funded, or carried
out activities that would cause jeopardy. In fact, the proposal has
already generated increased involvement and funding commitments from a
number of Federal agencies including the Environmental Protection
Agency (EPA), ACOE, and the Natural Resource Conservation Service. The
State of Maine has also authorized additional salmon funds in the most
recent legislative session.

Issue 24: Economic Concerns

Comment 41: Many commenters at the public hearings orally and in
writing expressed concern that additional regulations that accompany
listing would cause severe economic hardship, particularly in
Washington County, and that many people could lose their jobs as a
result.
Response: Section 4(b)(1)(A) of the ESA states, in part, that
listing determinations shall be made, ``..solely on the basis of the
best scientific and commercial data available..'' without weighing
economic factors. The Services acknowledge the concerns that have been
expressed and have adopted a number of policies to make implementation
of the ESA more

[[Page 69474]]

flexible and to increase the options that affected citizens have in
order to comply with the law. These are designed to encourage
conservation by private landowners and others and provide them some
certainty as to what is expected in the future. These policies include:
``Safe Harbor Agreements,'' which provide landowners who voluntarily
implement conservation actions for listed species with assurances that
their regulatory obligations will not increase with an increase in
these species on their lands; ``habitat conservation plans'' (HCPs) or
``conservation plans,'' which must accompany an application for a
Section 10(a)(1)(B) incidental take permit; and ``No Surprises'' under
Section 10(a)(1)(B), which provides assurances to landowners that if
``unforeseen circumstances'' arise, there will be no additional
commitment of land, water or financial compensation or additional
restrictions on the use of land, water, or other natural resources
beyond the level otherwise agreed to in a properly implemented habitat
conservation plan.

Issue 25: Predation

Comment 42: Many commenters expressed concerns that unchecked
populations of seals and cormorants were contributing to declining
salmon populations.
Response: The FWS has begun development of a draft Environmental
Impact Statement (EIS) and management plan for double crested
cormorants. It will explore alternatives for managing cormorants
throughout the contiguous United States including such options as a
hunting season, control at breeding colonies by state agencies, and the
continued issuance of depredation permits to private landowners. Maine
has identified salmon as one of several issues that should be examined
during the EIS process, as required under the National Environmental
Policy Act of 1969 (NEPA).
The 2000 Annual Meeting of the USASAC held a special session on
seals and seal predation on Atlantic salmon. It was reported that
populations of both grey and harbor seals have experienced steady
growth since the early 1980s. Harbor seals in the vicinity of the Maine
coast have experienced an 8.9-percent annual increase in their
population. Populations of grey seals experienced a 7.4-percent annual
growth in the Gulf of St. Lawrence, and a 12.6-percent increase at
Sable Island. It was noted that seals are opportunistic feeders and
will target both benthic and schooling pelagic fish species. Primary
diet items of harbor seals include herring, cod, pollock, squid and
hake. No salmon have been identified in harbor seal stomachs. Grey
seals feed primarily on squid, herring, hake, and cod. There are two
documented cases of grey seal predation on Atlantic salmon in the Gulf
of St. Lawrence. During trapping operations in Maine incidents of
scarring and injury on adult Atlantic salmon have been observed. The
DFO conducted a literature search on seal predation and found that only
two Atlantic salmon were found out of 5,680 seal stomachs examined. It
was noted that if 100 percent of the Atlantic salmon biomass in the
Atlantic Ocean were consumed by harp seals, Atlantic salmon would
account for only 0.01 percent of their annual diet. This illustrates
the difficulty in documenting Atlantic salmon predation by seals.
Based on existing information, it appears that additional
investigation is warranted to examine the potential for localized seal
predation on salmon at critical concentration points and times such as
during smolt outmigration and in the vicinity of weirs. In addition,
seal predation at marine cages is of concern because it results in a
loss in inventory for the grower and because it increases the potential
for escape of farmed fish. The NMFS is working with the State of Maine
to investigate these issues.
Lethal take of marine mammals is authorized under the Marine Mammal
Protection Act (MMPA) under very limited situations. Specifically,
section 109(h)(1) of the MMPA authorizes Federal, state, and local
officials to take marine mammals in a humane manner in the course of
their duties if such taking is for: (A) the protection or welfare of
the mammal, (B) the protection of the public health and welfare, or (C)
the nonlethal removal of nuisance animals. Section 101(c) authorizes
the taking of marine mammals if imminently necessary in self defense or
to save the life of a person in immediate danger. Lethal taking to
protect fishing gear or catch is prohibited by section 118(a)(5) and
101(a)(4). In the 1994 amendments to the MMPA, Congress directed a
scientific investigation be conducted to determine whether California
sea lions and Pacific harbor seals are having a significant negative
impact on the recovery of salmonid fishery stocks listed under the ESA
or are having broader impacts on the coastal ecosystems of Washington,
Oregon, and California. The Working Group recommended additional
research in a number of areas but found that existing information on
the seriously depressed status of many salmonid stocks is sufficient to
warrant actions to remove pinnipeds in areas of co-occurrence where
pinnipeds prey on depressed salmonid populations. In February 1999,
based on these working group recommendations, NMFS submitted a report
to Congress with the following four recommendations: implement site-
specific management for California sea lions and Pacific harbor seals;
develop safe, effective, non-lethal deterrents; selectively reinstate
authority for commercial fishers to kill harbor seals and sea lions to
protect their gear and catch; and conduct additional research. Studies
on the interactions of seals with netpens and at natural concentration
sites (weirs, falls) should be conducted.

Issue 26: Forest Practices

Comment 43: Some commenters suggested that current forest practices
may be negatively affecting salmon.
Response: Although the Status Review and the Maine Atlantic Salmon
Conservation Plan identify a number of activities associated with
forest practices that have the potential to affect salmon, the Services
do not believe that current forest practices pose a significant threat
to the well-being of the species. However, given the precarious status
of the species even minor impacts must be recognized and dealt with.
Consequently, the Services will continue to work with the industry, the
Watershed Councils, and Project SHARE to secure additional habitat
protection throughout the watersheds.

Issue 27: Agricultural Practices

Comment 44: A number of commenters expressed concern that
agricultural activities in Maine were negatively impacting salmon.
Response: The Services do not believe that current agricultural
practices are a major threat to the DPS with the exception of water
withdrawals from the Pleasant, Narraguagus, and Machias Rivers.
Pesticide sampling has been conducted in seven of the DPS watersheds,
and hexazinone was the only chemical detected. There is no evidence
that it is toxic to fish. Pollution from livestock can affect water
quality, but efforts are underway to eliminate the impacts. Livestock
husbandry is limited primarily to the mid-coast watersheds. As noted
here, significant progress is being made to insure that withdrawals of
irrigation water are protective of salmon, but more work remains to be
done before the Services can consider this threat to be eliminated. The
Services will continue to monitor forestry and agricultural practices
and their effects on salmon during the recovery process.

[[Page 69475]]

Issue 28: Local Involvement

Comment 45: A number of commenters urged the Services to be
cognizant of the critical role of local citizens in the protection and
recovery of Atlantic salmon. Some expressed concern that the
involvement and cooperation of such citizens would cease with a listing
action.
Response: The Services fully agree that the successful recovery of
Atlantic salmon will depend on the cooperation and involvement of the
citizens of Maine and in particular those who live and work in the
eight watersheds. The ESA encourages cooperative efforts and local
involvement. As stated at the public hearings and elsewhere, the
Services intend to draft a recovery plan for the Gulf of Maine DPS of
Atlantic salmon by building upon the model of the Maine Conservation
Plan which emphasizes citizen involvement. The Services envision a
large role for the Watershed Councils in the recovery planning process
and, based on comments provided at the public hearing, will also
involve local Soil and Water Districts.

Summary of Factors Affecting the Gulf of Maine DPS of Atlantic
Salmon

Section 4 of the ESA (16 U.S.C. 1533) and regulations promulgated
to implement the listing provisions of the ESA (50 CFR part 424) set
forth the procedures for adding species to the Federal list. Section 4
also requires that listing determinations be based solely on the best
scientific and commercial data available, without consideration of
possible economic or other impacts of such determinations. A species
may be determined to be endangered or threatened due to one or more of
the five factors described in section 4(a)(1) of the ESA. These factors
and their application to the Gulf of Maine DPS of Atlantic salmon are
described here.

(A) The Present or Threatened Destruction, Modification, or Curtailment
of Habitat or Range

Demonstrated and potential impacts to Atlantic salmon habitat
within the DPS watersheds result from the following causes: (1) Water
extraction; (2) sedimentation; (3) obstructions to passage including
those caused by beaver and debris dams and poorly designed road
crossings; (4) input of nutrients; (5) chronic exposure to
insecticides, herbicides, fungicides, and pesticides (in particular,
those used to control spruce budworm); (6) elevated water temperatures
from processing water discharges; and (7) removal of vegetation along
streambanks. The most obvious and immediate threat is posed by water
extraction on some rivers within the DPS range, as it has the potential
to expose or reduce salmon habitat.
The threat of blocked passage due to debris or beaver dams is an
annual event. The ASC, Project SHARE, and the Watershed Councils have
demonstrated an ability to annually remove or reduce that threat.
Chronic exposure to chemical residues in the water is a threat that
warrants further investigation. In particular, potential impacts during
the process of smoltification are being examined. Sedimentation from a
variety of sources also warrants closer review as it may be altering
habitat and rendering it incapable of supporting Atlantic salmon. Water
temperatures in the vicinity of berry processing water discharges
should be monitored to determine if they make habitat unsuitable for
Atlantic salmon. Permit exemptions for agriculture practices should be
evaluated to determine if they provide adequate protection to riparian
habitat.
All of these potential impacts to Atlantic salmon habitat need to
be examined in more detail for their individual and cumulative impacts.
Study results on the Narraguagus River demonstrate that full freshwater
production is not being achieved despite fry stocking efforts. These
results could mean that one or a combination of factors within the
rivers is negatively impacting freshwater habitat for Atlantic salmon.
The relationship between these factors and freshwater production and
survival of salmon needs to be studied in detail so that cause and
effect connections can be determined or ruled out. Corrective actions
can then be implemented as appropriate to enhance recovery.
There does not appear to be one particular habitat issue which
poses a significant threat to the entire DPS by itself. Because of
their indirect relationship to habitat, agricultural water withdrawals
are discussed separately in relation to listing factor (D) below.
Additional study will be needed to determine whether the cumulative
impacts from habitat degradation discussed here may reduce habitat
quality and limit habitat quantity available to Gulf of Maine DPS
salmon at various stages in their life history within freshwater. At
present, the scientific and commercial data available do not show that
loss of habitat is creating a danger of extinction to the DPS.

(B) Overutilization for Commercial, Recreational, Scientific, or
Educational Purposes

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 controlling the exploitation by one member
nation of Atlantic salmon that originated within the territory of
another member nation. The U.S.' interest in NASCO stemmed from its
desire to ensure that foreign fisheries intercepting 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.
On February 5, 1999, the DFO announced adoption of the
precautionary approach by a continued closure of the commercial
Atlantic salmon fishery for Newfoundland and Labrador for an additional
three years. Further restrictions on Canadian Atlantic salmon
recreational fisheries were also announced, including the requirement
to only use barbless hooks for angling in Newfoundland and Labrador,
and coordination with Watershed Management groups.
In 1999, the West Greenland Commission of NASCO agreed on a multi-
year approach for conservation of salmon stocks in Greenland, and,
therefore, for 1999 and 2000, the catch at West Greenland in each of
the years is restricted to the amount used internally in Greenland. The
reported catch in 1999 was 19 tons and the unreported catch was
estimated to be approximately 10 to 15 tons. Based on discriminant
analysis of characteristics from scales sampled in the fishery, 91
percent of fish in 1999 were of North American origin, the highest
proportion on record. The catch at West Greenland in 1999 was estimated
to consist of 17.8 tons (5,700 salmon) of North American origin and 1.8
tons (600 salmon) of European origin. These values represent an
increase of 84 percent of the North American and a reduction of 33
percent of the European components, respectively, from the landings in
1998.
In October 1987, the New England Fishery Management Council
prepared a Fishery Management Plan (FMP) to implement U.S. management
authority for all Atlantic salmon of U.S. origin pursuant to the
Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C.
1801 et seq. The FMP was intended to safeguard U.S. Atlantic

[[Page 69476]]

salmon, protect the U.S. investment in the state/Federal restoration
program, and strengthen the U.S. position in international
negotiations. The FMP prohibits possession of Atlantic salmon in the
Exclusive Economic Zone.
Starting 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 fisherman was reduced by the State from ten salmon
in the 1980s to one grilse in 1994. In 1995, regulations were
promulgated to allow only catch and release fishing for Atlantic salmon
in Maine, closing the last remaining recreational harvest opportunities
for sea run Atlantic salmon in the United States. From the 1960s
through the early 1980s, the average exploitation rate in Maine rivers
has been estimated to range from approximately 20 percent to over 25
percent of the run (Beland, 1984; Baum, 1997). In retrospect, this
level of harvest was likely too high, especially in light of the
extensive commercial harvest at that time. In 1993, the documented
sport catch of sea-run Atlantic salmon in Maine was 659 fish, with 152
killed, and 507 released (USASAC, 1994). The USASAC reported that 33
fish were caught and released within the range of the DPS in 1997, 20
fish in 1998, and 12 in 1999. In December 1999, salmon angling was
closed statewide.
Atlantic salmon parr remain vulnerable to harvest by trout anglers
and mortality associated with this activity has been documented. It is
believed that poaching activity occurs at fairly low levels in Maine
rivers. The low returns of wild adult salmon to Maine rivers highlight
the importance of continuing assessment of all sources of mortality
that may pose a risk to the DPS.
Both commercial and recreational harvest of Atlantic salmon
historically played a role in the decline of the Gulf of Maine DPS of
Atlantic salmon. The Canadian commercial fishery in Newfoundland and
Labrador is under a moratorium for the next 3 years. The West Greenland
commercial fishery will continue as an internal use only fishery
through the 2000 fishing season. Continuation of the internal use
fishery in Greenland poses a reduced but continuing concern to the Gulf
of Maine DPS of Atlantic salmon. Recreational fishing targeting other
species also has the potential to result in the incidental catch of
Atlantic salmon at various life stages. This could result in their
injury or death. Thus, these fisheries also pose a threat to Atlantic
salmon. There was one documented poaching event in 1998, indicating
that poaching continues to pose a threat to Atlantic salmon. Continued
enforcement efforts and adequate penalties are essential to minimize
this threat.
In view of elimination of the directed fishery in Maine and changes
in the high seas fishery, the existing commercial fishery off West
Greenland and bycatch in existing recreational fisheries in Maine are
no longer considered as limiting the survival of the Gulf of Maine DPS
of Atlantic salmon. Therefore, the best data presently available do not
show that overutilization is creating a danger of extinction.

Fish diseases have always represented a source of mortality to
Atlantic salmon in the wild, though major losses due to disease are
generally associated with salmon aquaculture. The level of threat from
disease has remained relatively static until the last 3 years. Three
recent events that have increased disease as a threat to the DPS are:
(1) The appearance of the ISA virus in 1996 in Canada, within the range
of possible exposure of migrant DPS salmon, subsequent spreading of
that disease closer to the Maine border, and the collection of
aquaculture escapees and wild fish testing positive for the ISA virus;
(2) the discovery in 1998 of the retrovirus SSSV within the DPS; and
(3) new information available in 1999, on the potential impact of
coldwater disease (CWD) on salmon.
Wild parr were taken from the Pleasant River, Maine, in 1995 (180),
1996 (80), and 1997 (164), and held in isolation at the NANFH and a
private hatchery in Deblois, ME for the purposes of rearing the fish to
sexual maturity, spawning them, and returning progeny back to the
Pleasant River. Mortalities associated with tumors in the viscera
(particularly the swimbladder) began to appear in the salmon at North
Attleboro in 1997 and continued in 1998. Cornell University scientists
identified the causative agent as a retrovirus named SSSV that had
never been previously documented except once in Scotland in the 1970s.
Virus-positive fish from North Attleboro were moved to a quarantine
facility at the USGS facility in Leetown, WV to obtain detailed
information about the virus.
Pleasant River fish at the Deblois Hatchery were also found to be
positive for the virus, though no disease or mortality occurred.
Further testing of wild salmon held as broodstock at the CBNFH showed
that the virus was present in carrier state in eight individuals of
over 500 tested. Some of these individuals had been in captivity for
several years, and others were only recently captured and held in
isolation. The implications are that the virus exists at some level in
wild populations and has been present for at least several years.
However, its presence in a carrier state in two other hatcheries, some
for several years, without any clinical indication of disease, and the
lack of any observation of symptoms in wild populations suggest that
the threat of disease from SSSV is limited. Until future research or
experience provides additional information, the threat associated with
this virus remains uncertain. The virus has caused lethal disease under
conditions that existed at one hatchery and, therefore, must be
considered a threat.
The second virus that represents a relatively new threat to the DPS
is the causative agent of ISA. This virus causes lethal disease in
maturing salmon held in salt water. Discovered in 1984, it was known
only in Norway prior to 1996, when it was diagnosed in aquaculture sea
pens in New Brunswick, Canada. The following year it was found in
Scotland. Monitoring in the Magaguadavic River in New Brunswick by the
Atlantic Salmon Federation has confirmed both aquaculture escapees and
wild fish infected with the ISA virus. There is no known control of the
disease except removal of fish held within 5 km of an infected site. An
extensive survey of Maine aquaculture operations found no ISA virus
present within the United States. The Province of New Brunswick has
taken extensive actions to control the spread of the virus. But the
effectiveness of these actions is not assured and the affected Canadian
aquaculture operations are near U.S. pen sites. Thus the virus
represents a serious threat because of its potential to spread to the
U.S. pens near the rivers and migration routes used by the Gulf of
Maine DPS of Atlantic salmon.
Cold Water Disease caused by the bacterium Flavobacterium
psychrophilum has recently been found to be a serious problem to
Atlantic salmon in New England waters. New information from ongoing
studies by the Biological Resources Division of the USGS at their
Leetown Science Center, WV has shown that the pathogen induces
pathology and subsequent mortality among juvenile Atlantic salmon. The
pathogen is transmitted vertically from carrier sea-run adults to
offspring via the eggs.
Predation has always been a factor influencing salmon numbers but
under

[[Page 69477]]

conditions of a healthy population would not be expected to threaten
the continued existence of that population. The threat of predation on
the Gulf of Maine DPS of Atlantic salmon is significant today because
of the very low numbers of adults returning to spawn and the dramatic
increases in population levels of some predators, including cormorants,
striped bass, and several species of seals.
Most rivers within the DPS range do not contain dams that delay and
concentrate salmon smolts and make them more vulnerable to cormorant
attacks. Also, the recovery of striped bass populations over the past
decade is concentrated more in rivers south of the DPS range.
Furthermore, cormorants and striped bass are transitory predators
impacting migrant juveniles in the lower river and estuarine areas.
Seals, however, have reached high population levels not reported
before, and salmon remain vulnerable to seal predation through much of
their range.
In summary, the threat of disease is escalated both by its
potential impact on Atlantic salmon in the wild and the threat it poses
to the health of the river-specific broodstock and to the role of the
hatchery program in the recovery effort. The best available scientific
and commercial data show that disease presently creates a danger of
extinction to the Gulf of Maine DPS of Atlantic salmon. There are
insufficient data at this time to show that predation creates a danger
of extinction to the DPS.

(D) Inadequacy of Existing Regulatory Mechanisms

Major threats continue to be poor marine survival, water
withdrawals, disease, and aquaculture impacts, especially interaction
with European strain and hybrid (European/North American) salmon. A
variety of state and Federal statutes and regulations seek to address
threats to Atlantic salmon and their habitat. These laws are
complemented by international actions under NASCO, many interagency
agreements, and state-Federal cooperative efforts. Implementation and
enforcement of these laws and regulations could be strengthened to
further protect Atlantic salmon. The appropriate state and Federal
agencies have established coordination mechanisms and have 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. Existing regulatory mechanisms either lack the capacity or
have not been implemented adequately to decrease or remove the threats
to wild Atlantic salmon. The discussion that follows will focus on
those laws which have not proven sufficient to deal with threats, or,
if adequate, are not being sufficiently implemented or enforced.
(1) Water withdrawals
Maine has made substantial progress in addressing the issue of
agricultural water withdrawals but regulations and water use planning
are not complete and in place to provide sufficient protection to the
DPS. The Maine Land and Water Resource Council and the Maine Land Use
Regulatory Commission (LURC) must approve requests for withdrawals for
irrigation, and can curtail withdrawals if water levels go below what
is considered necessary for the well being of the species. Until the
water use planning is complete, however, the allowable surplus above
that needed for salmon has not been quantified. In 1999, the LURC
limited the amount of water that could be drawn from the Pleasant,
Narraguagus, and Machias Rivers. The State Department of Environmental
Protection (DEP) is developing a rule to address withdrawals on a
state-wide basis. At this point, water withdrawals in unorganized towns
are not regulated. The absence of completed water management plans for
all DPS rivers subject to future agricultural water withdrawals, and of
permanent protection for salmon flows, creates a danger of extinction
for the Gulf of Maine DPS.
(2) Disease
The European ISA virus has become established in North American
aquaculture fish in proximity to Atlantic salmon in the DPS. The
Services believe that Maine's fish health regulations may not fully
ensure testing, reporting, and depopulation of diseased fish.
Consequently, there remains an extremely serious possibility of ISA
disease spreading from aquaculture fish. Also, the occurrence of a
heretofore unknown retrovirus, SSSV, is not yet specifically addressed
by any regulations. Disease episodes have impacted the Services' river-
specific stocking program in that Pleasant River broodstock had to be
destroyed. Efforts are now underway to reestablish that broodstock. The
Services thus conclude that inadequate regulation of disease vectors
presents a serious threat to the health of the DPS.
(3) Aquaculture
The known risks inherent in wild stocks interacting with
aquaculture escapees have increased significantly from 3 years ago when
the Services believed that certain restrictions on the importation and
use of foreign salmon stocks were in place and enforced. Available data
indicate that the percentage of European strain hybrid fish raised in
aquaculture facilities has increased. Maine State Law (PL 1991 c381 sub
section 2) restricts importing fish and eggs, but fails to restrict
importing European milt, thus enabling expansion of the use of hybrids
between European and North American salmon in aquaculture. Also, permit
holders have continued to use European strains or hybrids despite their
commitment not to when obtaining ACOE permits, which were issued in
reliance on applications which stated that no European strains or
hybrids would be placed in cages. In addition, permits have not been
issued by the EPA under the Clean Water Act to limit the discharge of
pollutants from these aquaculture facilities. Thus, existing regulatory
mechanisms are not adequate to address the threat of non-native
Atlantic salmon used in aquaculture facilities.
Existing regulatory mechanisms are not sufficient to remove the
threat posed by agricultural water withdrawals, disease, and
aquaculture to the Gulf of Maine DPS of Atlantic salmon. Given
extremely low numbers of adult returns, without adequate regulation
these threats create a danger of extinction of the Gulf of Maine DPS of
Atlantic salmon.

(E) Other Natural or Manmade Factors Affecting its Continued Existence

The Maine Atlantic salmon aquaculture industry is currently
composed of 12 companies, at 33 sites, with 773 cages covering 800
leased acres of water. Farms are concentrated in Cobscook Bay near
Eastport, ME, but are located as far south as the Sheepscot River,
although that site currently does not grow Atlantic salmon. The
industry in Canada is approximately twice the size of the Maine
industry. In addition, two freshwater hatcheries are located on rivers
within the DPS range.
Atlantic salmon that escape from farms and hatcheries pose a threat
to native Atlantic salmon populations in coastal Maine rivers. Escapes
and resultant interactions with native stocks are expected to increase
given the continued operation of farms and growth of the industry under
current practices. There is substantial documentation that escaped
farmed salmon disrupt redds of wild salmon, compete with wild salmon
for food and habitat, interbreed with wild salmon, transfer disease or
parasites to wild salmon, and/or degrade benthic habitat (Clifford,
1997; Youngson et al., 1993;

[[Page 69478]]

Webb et al., 1993; Windsor and Hutchinson, 1990; and Saunders, 1991). A
comparison study in Canada revealed that survival of wild post-smolts
moving from Passamaquoddy Bay to the Bay of Fundy was inversely related
to the density of aquaculture cages (DFO, 1999). In addition, there has
recently been concern over interactions when wild adult salmon migrate
past closely spaced cages, creating the potential for behavioral
interactions, disease transfer or interactions with predators (DFO,
1999; Crozier, 1993; Skaala and Hindar, 1997; Carr et al., 1997; and
Lura and Saegrov, 1991).
Atlantic salmon that either escaped or were released from
aquaculture facilities have been found in the St. Croix, Penobscot,
Dennys, East Machias, and Narraguagus Rivers in the United States
(Baum, 1991; USASAC, 1996; 1997). In 1994 and 1997, escaped farmed fish
represented 89 percent and 100 percent, respectively, of the documented
run for the Dennys River, and in 1995, 22 percent of the documented run
for the Narraguagus River. Escaped farmed salmon have also been
documented as an incidental capture in the recreational fishery, and
observed in the Boyden, Hobart, and Pennamaquan Rivers. The first
aquaculture escapee in the State of Maine was documented in 1990, and
the first sexually mature escapee was documented in 1996. Escaped
farmed fish are of great concern in Maine because even at low numbers
they can represent a substantial portion of fish in some rivers. Also,
populations at low levels are particularly vulnerable to genetic
intrusion or other disturbance caused by escapees (DFO, 1999;
Hutchings, 1991). Preliminary results from the 1999 wild smolt
assessment project in the Pleasant River suggest that several
outmigrating smolts were of hatchery origin based on fin condition
(Kocik et al., 1999, unpublished data). Of the 676 outmigrating smolts
that were captured between April and May 1999, between five percent and
25 percent were estimated to be of hatchery origin.
Given current aquaculture practices, the Services have opposed the
use of reproductively viable European strains (pure and hybrid) of
Atlantic salmon within North America and the continued importation of
European gametes (milt). This opposition is based on genetic studies
that demonstrate that there are significant differences between North
American and European Atlantic salmon (King et al., 1999), and the
advice from geneticists that interbreeding among genetically divergent
populations negatively impacts natural populations (Utter, 1993;
Verspoor, 1997; and Youngson and Verspoor, 1998). The introgression by
non-North American Atlantic salmon stocks presents a substantial threat
of disrupting the genetic integrity of North American stocks and
threatens fitness through outbreeding depression.
Comprehensive protective solutions to minimize the threat of
interactions between wild and aquaculture salmon have not been
implemented. The industry voluntarily adopted a Code of Practice in
October 1998. The Services are not aware of monitoring results of that
Code but note that escapes continued to be documented in the DPS in
1999 and 2000, when the Code was in place. Weirs help minimize the
potential interaction between escapees and wild salmon, but they are
not present on all rivers and where present are only in place
seasonally. In 1997 and 1998, the Services worked with industry and
State representatives in an attempt to eliminate further importation of
European stocks, remove pure European strain from marine cages, mark
all fish prior to placement in marine cages, and phase out the holding
of North American/European hybrids. These efforts were unsuccessful. In
July of 1999, the Services initiated discussions directly with the
Maine DMR (the state agency responsible for aquaculture industry
regulation). These discussions were only partially successful because,
although information was exchanged, agreement on timing or specific
measures was not reached.
Further, marine survival rates, as discussed in a second threat
within factor (E), continue to be low for U.S. stocks of Atlantic
salmon, and the subsequent low abundance of salmon impedes recovery of
the DPS. Scientists have attributed natural mortality in the marine
environment to sources that include stress, predation, starvation,
disease, parasites, and abiotic factors. In addition, scientific
studies indicate that year-to-year variation in return rates of U.S.
salmon stocks is generally synchronous with other North Atlantic
stocks. This information suggests that the trend in return rates is, in
part, the result of factors that occur when the stocks are in the North
Atlantic, particularly the Labrador Sea. Scientists have concluded that
a significant proportion of the variation in recruitment or return rate
is attributed to post-smolt survival. However, the factors responsible
for reduced post-smolt survival are not well understood.
Thus, existing aquaculture practices and low marine survival create
a danger of extinction of the Gulf of Maine DPS of Atlantic salmon.

State Conservation Efforts

Section 4(b)(1)(A)of the ESA requires us, in making a listing
determination, to take into account efforts being made by the state,
foreign nations, or their political subdivisions, to protect the DPS of
Atlantic salmon. In 1997, Maine developed a conservation plan that
attempted to identify and address threats to the species. The state has
implemented a number of the items contained in the various sections of
the plan. Additional details on conservation activities can be found in
the 1999 Annual Progress Report on implementation of the Maine Atlantic
Salmon Conservation Plan for Seven Maine Rivers, prepared by the Maine
Atlantic Salmon Commission and available at www.state.me.us/asa/
99AnnRpt.html. Since publication of the proposed rule on November 17,
1999, the following accomplishments can be noted:
a. In December 1999, the State closed all salmon fishing until
further notice, thus eliminating this as a source of mortality. The
possibility of mortality from bycatch still exists when trout, striped
bass, and other fish are the being targeted.
b. The final draft of the Pleasant River water use management plan
is scheduled for completion in the fall of 2000. Draft plans for the
Narraguagus River and a major tributary will be available then as well.
Planning efforts have included instream flow requirements to protect
salmon, and alternative sources of water are being sought.
c. The State of Maine appropriated $810,000 for Atlantic salmon in
fiscal year 2000/2001. The DEP hired a water quality specialist
dedicated to the DPS rivers with a portion of those funds. The Maine
ASC manages the distribution of the balance of available funds.
Watershed Councils and other groups have submitted proposals for salmon
and salmon habitat projects to the ASC for funding consideration.
d. Weirs constructed by the State of Maine are in place and
functioning on the Dennys and Pleasant Rivers.
e. Acquisition and permanent protection of a 220-acre tract of land
on the Narraguagus River was completed in October 2000.
f. The Maine ASC and the FWS continue to map salmon habitat in the
eight DPS rivers. Mapping and geographic information system (GIS)
coverage will be completed for the East Machias River this year.
In determining whether to make this rule final, we have carefully
assessed the best scientific and commercial

[[Page 69479]]

information available regarding the past, present, and future threats
faced by the Gulf of Maine DPS of Atlantic salmon, while taking into
account ongoing conservation efforts and commitments made by the State
of Maine and other entities. Based on our evaluation, listing the Gulf
of Maine DPS of Atlantic salmon as endangered is warranted.
The Services are listing this DPS of anadromous Atlantic salmon as
endangered under the ESA because of the danger of extinction created by
factor (C) through disease; factor (D) through inadequate regulation of
agricultural water withdrawals, disease, and aquaculture; and factor
(E) through existing aquaculture practices and low marine survival.
These factors take on added significance given the poor adult returns
and lower than expected parr to smolt survival. At present, the DPS is
known to include populations of Atlantic salmon in the Sheepscot,
Ducktrap, Narraguagus, Pleasant, Machias, East Machias, and Dennys
Rivers, as well as Cove Brook. Both the naturally reproducing
populations of the Gulf of Maine DPS of Atlantic salmon and those
river-specific hatchery populations cultured from them are included in
this listing. In the future, DPS populations may be identified in
additional rivers based on ongoing stream surveys and continuing
genetic analyses. This could be done in a separate notification
process.

Available Conservation Measures

Conservation measures provided to species listed as endangered or
threatened under the ESA include recognition, recovery actions,
requirements for Federal protection, and prohibitions against certain
practices. Recognition through listing encourages and results in
conservation actions by Federal, state agencies, private organizations,
groups, and individuals. The ESA provides for possible land acquisition
and cooperation with the states and requires that recovery actions be
carried out for all listed species. The protection required of Federal
agencies and the prohibitions against taking and harm are discussed, in
part, here.
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 being designated. Regulations implementing this interagency
cooperation provision of the ESA are codified at 50 CFR part 402.
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 such a species or to 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.
Federal activities that could occur and impact the Gulf of Maine
DPS of Atlantic salmon include, but are not limited to, the carrying
out or the issuance of permits for marine aquaculture pen sites,
freshwater hatcheries, cranberry bog development, water withdrawal
projects, pesticide registration, streambank stabilization, and road
and bridge construction. In our experience, nearly all ESA section 7
consultations have been resolved so that the species have been
protected and the project objectives have been met.
In addition, ESA section 7(a)(1) requires all Federal agencies to
review the programs they administer and use these programs in
furtherance of the purposes of the ESA. All Federal agencies, in
consultation with us, are to carry out programs for the conservation of
endangered and threatened species listed pursuant to section 4 of the
ESA.
The Services believe that the State of Maine's Atlantic salmon
conservation plan can become a strong foundation for recovery once it
is revised and updated to take current conditions, threats, and
progress into account. We will work closely with Maine agencies,
conservation groups, and industry participants to bring the plan up to
date and ensure effective implementation.
The ESA and its implementing regulations found at 50 CFR 17.21 set
forth a series of general prohibitions and exceptions that apply to all
endangered wildlife. These prohibitions, in part, make it illegal for
any person subject to the jurisdiction of the United States to take
(includes harass, harm, pursue, hunt, shoot, wound, kill, trap, or
collect or to attempt any of these), 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 endangered
wildlife. To possess, sell, deliver, carry, transport, or ship any such
wildlife that has been taken illegally is also illegal.
Our policy, as published in the Federal Register on July 1, 1994
(59 FR 34272), is to identify, to the maximum extent practicable, those
activities that would or would not constitute a violation of section 9
of the ESA for the species. The intent of this policy is to increase
public awareness as to the effects of this final listing on future and
ongoing activities within this species range.
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;
(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

[[Page 69480]]

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.
This final rule applies all ESA section 9 (16 U.S.C. 1538)
protective measures to prohibit taking, interstate commerce, and other
prohibitions applicable to endangered species, with the exceptions
provided under section 10 of the ESA (16 U.S.C. 1539). Section 9 of the
ESA and implementing regulations (50 CFR 17.21) set forth a series of
general prohibitions and exceptions that apply to all endangered
wildlife. These prohibitions apply to all individuals, organizations,
and agencies subject to U.S. jurisdiction.
For listed species, ESA section 7(a)(2) (16 U.S.C. 1536(a)(2))
requires Federal agencies to ensure that activities they authorize,
fund, or conduct are not likely to jeopardize the continued existence
of a listed species or to 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
consultation with the Services. Consultations will be conducted on a
river-specific basis pursuant to identification of river-specific
recovery units within the DPS.
ESA sections 10(a)(1)(A) and 10(a)(1)(B) (16 U.S.C. 1539(a)(1)(A)
and (a)(1)(B)) provide the Services with authority to grant exceptions
to the ESA's ``taking'' prohibitions. Section 10(a)(1)(A) scientific
research and enhancement permits may be issued to entities (Federal and
non-Federal) conducting research that involves a directed take of
listed species. A directed take refers to the intentional take of
listed species. The Services have issued section 10(a)(1)(A) research/
enhancement permits for other listed species for a number of
activities.
ESA section 10(a)(1)(B) incidental take permits may be issued to
non-Federal entities performing activities that may incidentally take
listed species. The types of activities potentially requiring a section
10(a)(1)(B) incidental take permit include the operation and release of
artificially propagated fish by state or privately operated and funded
hatcheries, state or university research not receiving Federal
authorization or funding, and the implementation of state fishing
regulations.

National Environmental Policy Act

The FWS has determined that Environmental Assessments and
Environmental Impact Statements, as defined under the authority of the
NEPA, need not be prepared in connection with regulations adopted
pursuant to section 4(a) of the ESA. The notice for this determination
was published in the Federal Register on October 25, 1983 (48 FR
49244). NMFS has concluded that ESA listing actions are not subject to
the environmental assessment requirements of the NEPA. (See NOAA
Administrative Order 216-6).

Paperwork Reduction Act

This rule does not contain any new collections of information other
than those already approved under the Paperwork Reduction Act, 44
U.S.C. 3501 et seq., and assigned Office of Management and Budget
clearance number 1018-0094 which expires on February 28, 2001. 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 control number. For additional information concerning permit and
associated requirements for endangered species, see 50 CFR 17.22.

References Cited

You may request a complete list of all references cited in this
document from Paul Nickerson or Mary Colligan (see ADDRESSES).

Classification

The Conference Report on the 1982 amendments to the ESA notes that
economic considerations have no relevance to determinations regarding
the status of species, and that the Regulatory Flexibility Act is not
applicable to the listing process. Similarly, listing actions are not
subject to the requirements of Executive Order 13132 and are exempt
from review under Executive Order 12866.

Authors

The primary authors of this document are Mary Colligan, NMFS, and
Paul Nickerson, FWS; refer to ADDRESSES section.

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.

For the reasons set out in the preamble, 50 CFR parts 17 and 224
are 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. Section 17.11(h) is amended by adding the following entry, in
alphabetical order under FISHES, to read as follows:

Sec. 17.11 Endangered and threatened wildlife.

* * * * *
(h) * * *

--------------------------------------------------------------------------------------------------------------------------------------------------------
Species
--------------------------------------------------------------- Historic range Vertebrate population where Status When Critical Special
Common name Scientific name endangered or threatened listed habitat rules
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * * * *
FISHES

[[Page 69481]]

* * * * * * *
Salmon, Atlantic..................... Salmo salar U.S.A., Canada, U.S.A., ME Gulf of Maine Atlantic E 705 NA NA
Greenland, Salmon Distinct Population
western Europe Segment, which includes 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. To date, the Services
have determined that these
populations are found in the
Dennys, East Machias, Machias,
Pleasant, Narraguagus, Sheepscot,
and Ducktrap Rivers and in Cove
Brook, Maine.

* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

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. In Sec. 224.101, paragraph (a) is revised to read as follows:

Sec. 224.101 Enumeration of endangered marine and anadromous species.

* * * * *
(a) Marine and anadromous fish. The following table lists the
common and scientific names of endangered species, the locations where
they are listed, and the citations for the listings and critical
habitat designations.

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Species\1\
------------------------------------------------------------------------- Where listed When listed Critical habitat
Common name Scientific Name
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Shortnose sturgeon Acipenser brevirostrum U.S.A., northwestern Atlantic, in river 32 FR 4001, Mar. 11,1967 NA
systems from the Saint John River in New
Brunswick, Canada, to the St. Johns River,
Florida
Southern California steelhead Oncorhynchus mykiss U.S.A., CA, including all naturally spawned 62 FR 43937, Aug. 18, 1997 64 FR 5740, Feb. 5, 1999
populations of steelhead (and their progeny)
in streams from the Santa Maria River, San
Luis Obispo County, California (inclusive) to
Malibu Creek, Los Angeles County, California
(inclusive)
Upper Columbia River steelhead Oncorhynchus mykiss U.S.A., WA, including the Wells Hatchery stock 62 FR 43937, Aug. 18, 1997 64 FR 5740, Feb. 5, 1999
and all naturally spawned populations of
steelhead (and their progeny) in streams in
the Columbia River Basin upstream from the
Yakima River, Washington, to the U.S.--Canada
Border
Snake River sockeye salmon Oncorhynchus nerka U.S.A., ID, Snake River 56 FR 58619, Nov. 20, 1991 58 FR 68543, Dec. 28, 1993

[[Page 69482]]

Upper Columbia River spring-run chinook Oncorhynchus tshawytscha U.S.A., WA, including all naturally spawned 64 FR 14308, Mar. 24, 1999 65 FR 7764, Feb. 16, 2000
salmon populations of chinook salmon in Columbia
River tributaries upstream of the Rock Island
Dam and downstream of Chief Joseph Dam in
Washington (excluding the Okanogan River),
the Columbia River from a straight line
connecting the west end of the Clatsop jetty
(south jetty, Oregon side) and the west end
of the Peacock jetty (north jetty, Washington
side) upstream to Chief Joseph Dam in
Washington, and the Chiwawa River (spring
run), Methow River (spring run), Twisp River
(spring run), Chewuch River (spring run),
White River (spring run), and Nason Creek
(spring run) hatchery stocks (and their
progeny)
Sacramento River winter-run chinook Oncorhynchus tshawytscha U.S.A., CA, Sacramento River 59 FR 13836, Mar. 23, 1994 58 FR 33212, Jun. 16, 1993
salmon
Salmon, Atlantic Salmo salar U.S.A., ME Gulf of Maine Atlantic Salmon NA
Distinct Population Segment, which includes
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. To
date, the Services have determined that these
populations are found in the Dennys, East
Machias, Machias, Pleasant, Narraguagus,
Sheepscot, and Ducktrap Rivers and in Cove
Brook, Maine.
Totoaba Cynoscion macdonaldi Mexico, Gulf of CA 44 FR 29480, May 21, 1979 NA

* * * * * * *
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Species includes taxonomic species, subspecies, distinct population segments (DPSs) (for a policy statement, see 61 FR 4722, February 7, 1996), and evolutionarily significant units
(ESUs)(for a policy statement, see 56 FR 58612, November 20, 1991)

[[Page 69483]]

Dated: November 13, 2000.
Penelope D. Dalton,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
Dated: November 8, 2000.
Jamie Rappaport Clark,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 00-29423 Filed 11-14-00; 4:05 pm]
BILLING CODE 3510-22-F, 4310-55-F

Notices For
2009
2008
2007
2006
2005
2004
2003
2002
2001
2000
1999
1998
1997
1996
1995
1994

Endangered and Threatened Species; Final Endangered Status for a Distinct Population Segment of Anadromous Atlantic Salmon (Salmo salar) in the Gulf of Maine

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