Endangered and Threatened Species; Proposed Endangered Status for the Gulf of Maine Distinct Population Segment of Atlantic Salmon, 51415-51436 [E8-20412]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration
• Department of Interior
• United States Fish and Wildlife Service
• Fish and Wildlife Service

[Federal Register Volume 73, Number 171 (Wednesday, September 3, 2008)]
[Proposed Rules]
[Pages 51415-51436]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-20412]


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DEPARTMENT OF INTERIOR

United States Fish and Wildlife Service

50 CFR Part 17

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 224

[Docket No. 0808191116-81126-01]
RIN 0648-XJ93


Endangered and Threatened Species; Proposed Endangered Status for 
the Gulf of Maine Distinct Population Segment of Atlantic Salmon

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce; United States Fish and 
Wildlife Service (USFWS), Interior.

ACTION:  Proposed rule; 12-month petition finding; request for 
comments.

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SUMMARY:  We (NMFS and USFWS) have determined that naturally spawned 
and conservation hatchery populations of Atlantic salmon within the 
range of the Gulf of Maine (GOM) distinct population segment (DPS), 
including those that were already listed in November 2000, constitute a 
new GOM DPS and hence a ``species'' for listing as endangered or 
threatened consideration under the Endangered Species Act (ESA). This 
also constitutes a 12-month finding on a petition to list Atlantic 
salmon in the Kennebec River as endangered. We will propose to 
designate critical habitat for the GOM DPS in a subsequent Federal 
Register notice.

DATES: Comments on this proposal must be received by December 2, 2008. 
Public hearing requests must be received by November 17, 2008.

[[Page 51416]]


ADDRESSES:  You may submit comments, identified by the RIN 0648-AW02, 
by any of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the FederaleRulemaking Portal https://www.regulations.gov
     Mail: Assistant Regional Administrator, NMFS, Northeast 
Regional Office, Protected Resources Division, One Blackburn Drive, 
Gloucester, MA 01930
     Fax: To the attention of Jessica Pruden at (978) 281-9394.
    Instructions: All comments received are a part of the public record 
and will generally beposted to https://www.regulations.gov without 
change. All Personal Identifying Information (for example, name, 
address, etc.) voluntarily submitted by the commenter may be publicly 
accessible. Do not submit Confidential Business Information or 
otherwise sensitive or protected information.
    NMFS will accept anonymous comments (enter N/A in the required 
fields, if you wish to remain anonymous). Attachments to electronic 
comments will be accepted in Microsoft Word, Excel, WordPerfect, or 
Adobe PDF file formats only.
    The proposed rule and status review report are also available 
electronically at the NMFS website at https://www.nero.noaa.gov/prot_
res/altsalmon/.

FOR FURTHER INFORMATION CONTACT: Rory Saunders, NMFS, at (207)866-4049; 
Jessica Pruden, NMFS, at (978)281-9300 ext. 6532; Lori Nordstrom, 
USFWS, at (207)827-5938 ext. 13; or Marta Nammack, NMFS, at (301)713-
1401.

SUPPLEMENTARY INFORMATION:

Public Comments Solicited

    We solicit public comment on this proposed listing determination. 
We anticipate holding up to three public hearings on the proposed rule. 
Any public hearings will be announced in a separate Federal Register 
notice.
    We intend that any final action resulting from this proposal will 
be as accurate and as effective as possible and informed by the best 
available scientific and commercial information. Therefore, we request 
comments or information from the public, other concerned governmental 
agencies, the scientific community, industry, or any other interested 
party concerning this proposed rule. We particularly seek comments 
concerning:
    (1) Information on the effects of conservation hatchery 
supplementation in reducing the risk of extinction of the GOM DPS. As 
described in ``Status of the Species'' and ``Factor E'', the high 
numbers of fish stocked through the conservation hatchery program 
reduce the risk of extinction for the GOM DPS; however, the numbers of 
naturally-reared spawning adults in the GOM DPS are extremely low (less 
than 150). Numbers of naturally-reared spawning adults are an important 
measure of improved status or recovery. Because of the reduction in 
extinction risk provided by conservation hatchery supplementation, we 
seek additional information on the appropriate weight that should be 
given to the conservation hatchery program in evaluating the status of 
the GOM DPS;
    (2) Information concerning the viability of and/or threats to 
Atlantic salmon in the GOM DPS; and
    (3) Efforts being made to protect Atlantic salmon in the GOM DPS.

Background

    We issued a final rule listing the GOM DPS of Atlantic salmon as 
endangered on November 17, 2000 (65 FR 69469). The GOM DPS was defined 
as all naturally reproducing wild populations and those river-specific 
hatchery populations of Atlantic salmon having historical, river-
specific characteristics found north of and including tributaries of 
the lower Kennebec River to, but not including, the mouth of the St. 
Croix River at the U.S.-Canada border. In the final rule listing the 
GOM DPS, we did not include fish that inhabit the mainstem and 
tributaries of the Penobscot River above the site of the former Bangor 
Dam, the upper Kennebec River, or the Androscoggin River within the GOM 
DPS (65 FR 69469; November 17, 2000).
    In late 2003, we assembled the 2005 Biological Review Team (BRT) 
comprised of biologists from the Maine Atlantic Salmon Commission, the 
Penobscot Indian Nation (PIN), and both Services. The 2005 BRT was 
charged with reviewing and evaluating all relevant scientific 
information relating to the current DPS delineation (including a 
detailed genetic characterization of the Penobscot population and data 
relevant to the appropriateness of including the upper Kennebec and 
Androscoggin rivers as part of the DPS), determining the conservation 
status of the populations not included in GOM DPS listed in 2000, and 
assessing their relationship to that GOM DPS (the GOM DPS that is 
currently listed). The findings of the 2005 BRT, which are detailed in 
the 2006 Status Review for Anadromous Atlantic Salmon in the United 
States (Fay et al., 2006), addressed: the DPS delineation, including 
whether populations that were not included in the 2000 listing should 
be included in the GOM DPS; the extinction risks to the species; and 
the threats to the species. The 2006 Status Review (Fay et al., 2006) 
underwent peer review by experts in the fields of Atlantic salmon 
biology and genetics to ensure that it was based on the best available 
science. Each peer reviewer independently affirmed the major 
conclusions presented in Fay et al. (2006).
    We received a petition to list the ``Kennebec River population of 
anadromous Atlantic salmon'' as an endangered species under the ESA on 
May 11, 2005. NMFS published a notice in the Federal Register on 
November 14, 2006 (71 FR 66298), concluding that the petitioners 
(Timothy Watts, Douglas Watts, the Friends of Merrymeeting Bay, and the 
Maine Toxics Action Coalition) presented substantial scientific 
information indicating that a listing may be warranted.
    This Federal Register notice announces our finding regarding the 
ESA listing status of the GOM DPS and 12-month finding on the petition 
to list Atlantic salmon in the Kennebec River as endangered.

Policies for Delineating Species Under the ESA

    Section 3 of the ESA defines ``species'' as including ``any 
subspecies of fish or wildlife or plants, and any distinct population 
segment of any species of vertebrate fish or wildlife which interbreeds 
when mature.'' The term ``distinct population segment'' is not 
recognized in the scientific literature. Therefore, the Services 
adopted a joint policy for recognizing DPSs under the ESA (DPS Policy; 
61 FR 4722) on February 7, 1996. The DPS policy requires the 
consideration of two elements when evaluating whether a vertebrate 
population segment qualifies as a DPS under the ESA: (1) the 
discreteness of the population segment in relation to the remainder of 
the species or subspecies to which it belongs; and (2) the significance 
of the population segment to the species or subspecies to which it 
belongs.
    A population segment of a vertebrate species may be considered 
discrete if it satisfies either one of the following conditions: (1) it 
is markedly separated from other populations of the same taxon (an 
organism or group of organisms) as a consequence of physical, 
physiological, ecological, or behavioral factors. Quantitative measures 
of genetic or morphological discontinuity may provide evidence of this 
separation; or (2) it is delimited by international governmental 
boundaries

[[Page 51417]]

within which differences in control of exploitation, management of 
habitat, conservation status, or regulatory mechanisms exist that are 
significant in light of section 4(a)(1)(D) of the ESA (i.e., inadequate 
regulatory mechanisms).
    If a population segment is found to be discrete under one or more 
of the above conditions, its biological and ecological significance to 
the taxon to which it belongs is evaluated. This consideration may 
include, but is not limited to: (1) persistence of the discrete 
population segment in an ecological setting unusual or unique for the 
taxon; (2) evidence that the loss of the discrete population segment 
would result in a significant gap in the range of a taxon; (3) evidence 
that the discrete population segment represents the only surviving 
natural occurrence of a taxon that may be more abundant elsewhere as an 
introduced population outside its historic range; and (4) evidence that 
the discrete population segment differs markedly from other populations 
of the species in its genetic characteristics.

Listing Determinations Under the ESA

    The ESA defines an endangered species as one that is in danger of 
extinction throughout all or a significant portion of its range, and a 
threatened species as one that is likely to become endangered in the 
foreseeable future throughout all or a significant portion of its range 
(sections 3(6) and 3(20), respectively). The statute requires us to 
determine whether any species is endangered or threatened because of 
any of the following five factors: (1) the present or threatened 
destruction, modification, or curtailment of its habitat or range; (2) 
overutilization for commercial, recreational, scientific, or 
educational purposes; (3) disease or predation; (4) the inadequacy of 
existing regulatory mechanisms; or (5) other natural or manmade factors 
affecting its continued existence (section 4(a)(1)(A-E)). We are to 
make this determination based solely on the best available scientific 
and commercial data available after conducting a review of the status 
of the species and taking into account any efforts being made by states 
or foreign governments to protect the species.

Atlantic Salmon Life History

    Anadromous Atlantic salmon are a wide ranging species with a 
complex life history. The historic range of Atlantic salmon occurred on 
both sides of the North Atlantic: from Connecticut to Ungava Bay in the 
western Atlantic and from Portugal to Russia's White Sea in the Eastern 
Atlantic, including the Baltic Sea.
    For Atlantic salmon in the United States, juveniles typically spend 
2 years rearing in freshwater. Freshwater ecosystems provide spawning 
habitat and thermal refuge for adult Atlantic salmon; overwintering and 
rearing areas for eggs, fry, and parr; and migration corridors for 
smolts and adults (Bardonnet and Bagliniere, 2000). Adult Atlantic 
salmon typically spawn in early November. The eggs hatch in late March 
or April. At this stage, they are referred to as alevin or sac fry. 
Alevins remain in the redd for about 6 more weeks and are nourished by 
their yolk sac until they emerge from the gravel in mid-May. At this 
time, they begin active feeding and are termed fry. Within days, the 
fry enter the parr stage, indicated by vertical bars (parr marks) on 
their sides that act as camouflage. Atlantic salmon parr are 
territorial; thus, most juvenile mortality is thought to be density 
dependent and mediated by habitat limitation (Gee et al., 1978; 
Legault, 2005). In particular, suitable overwintering habitat may limit 
the abundance of large parr prior to smoltification (Cunjak et al., 
1998). Smoltification (the physiological and behavioral changes 
required for the transition to salt water) usually occurs at age 2 for 
most Atlantic salmon in Maine. The smolt emigration period is rather 
short and lasts only 2 to 3 weeks for each individual. During this 
brief emigration window, smolts must contend with rapidly changing 
osmoregulatory requirements (McCormick et al., 1998) and predator 
assemblages (Mather, 1998). The freshwater stages in the life cycle of 
the Atlantic salmon have been well studied; however, much less 
information is available on Atlantic salmon at sea (Klemetsen et al., 
2003).
    Gulf of Maine Atlantic salmon migrate vast distances in the open 
ocean to reach feeding areas in the Davis Strait between Labrador and 
Greenland, a distance over 4,000 km from their natal rivers (Danie et 
al., 1984; Meister, 1984). During their time at sea, Atlantic salmon 
undergo a period of rapid growth until they reach maturity and return 
to their natal river. Most Atlantic salmon (about 90 percent) from the 
Gulf of Maine return after spending two winters at sea; usually less 
than 10 percent return after spending one winter at sea; roughly 1 
percent of returning salmon are either repeat spawners or have spent 
three winters at sea (three sea winter 3SW salmon) (Baum, 1997).
    In addition to anadromous Atlantic salmon, landlocked Atlantic 
salmon have been introduced to many lakes and rivers in Maine, though 
they are only native to four watersheds in the State: the Union, 
including Green Lake in Hancock County; the St. Croix, including West 
Grand Lake in Washington County; the Presumpscot, including Sebago Lake 
in Cumberland County; and the Penobscot, including Sebec Lake in 
Piscataquis County (Warner and Havey, 1985). There are certain lakes 
and rivers in Maine where landlocked salmon and anadromous salmon co-
exist. Recent genetic surveys have confirmed that little genetic 
exchange occurs between these two life history types (Spidle et al., 
2003, NMFS unpublished data).

Review of Species Delineation

    Fay et al. (2006) concluded that the DPS delineation as proposed by 
the previous BRT that resulted in the 2000 listing designation (65 FR 
69469; November 17, 2000) was largely appropriate, except in the case 
of large rivers that were excluded in previous listing determinations. 
As described below in the analyses of discreteness and significance of 
the population segment, Fay et al. (2006) concluded that the salmon 
currently inhabiting the larger rivers (Androscoggin, Kennebec, and 
Penobscot) are genetically similar to the rivers included in the GOM 
DPS as listed in 2000 (Spidle et al., 2003), have similar life history 
characteristics, and/or occur in the same zoogeographic region. 
Further, the salmon populations inhabiting the large and small rivers 
from the Androscoggin River northward to the Dennys River differ 
genetically and in important life history characteristics from Atlantic 
salmon in adjacent portions of Canada (Spidle et al., 2003; Fay et al., 
2006). Thus, Fay et al. (2006) concluded that this group of populations 
(population segment) met both the discreteness and significance 
criteria of the DPS Policy and, therefore, recommended that the new GOM 
DPS include all anadromous Atlantic salmon whose freshwater range 
occurs in the watersheds from the Androscoggin River northward along 
the Maine coast to the Dennys River, including all associated 
conservation hatchery populations used to supplement these natural 
populations; currently, such conservation hatchery populations are 
maintained at Green Lake National Fish Hatchery (GLNFH) and Craig Brook 
National Fish Hatcheries (CBNFH).
    The precise genetic boundary between Atlantic salmon in the United 
States and Canada is difficult to determine because there are no 
genetic data on the wild salmon that once occurred in the St. Croix 
watershed along the U.S.-Canada border. As listed in 2000, the

[[Page 51418]]

northern terminus of the GOM DPS was the U.S.-Canada border at the St. 
Croix River, but as described on page 54 of Fay et al. (2006), the best 
available science suggests that the St. Croix groups with other 
Canadian rivers. Therefore, we find that the northern terminus of the 
GOM DPS is the Dennys River watershed, rather than the St. Croix, 
because genetic analyses found that salmon in the Dennys River are more 
similar to populations in the United States than to Canadian salmon 
populations that are geographically proximate to the Dennys (Spidle et 
al., 2003).
    We determined the southern terminus of the GOM DPS to be the 
Androscoggin River based on zoogeography rather than genetics because 
there are extremely few Atlantic salmon in the rivers as one moves 
southward on which to base genetic analyses. The Androscoggin River 
lies within the Penobscot-Kennebec-Androscoggin Ecological Drainage 
Unit (Olivero, 2003) and the Laurentian Mixed Forest Province (Bailey, 
1995), which separates it from more southern rivers that were 
historically occupied by Atlantic salmon.
    With respect to the ``discreteness'' of this population segment, 
Fay et al. (2006) considered ecological, behavioral, and genetic 
factors under the first discreteness criterion of the DPS Policy to 
examine the degree to which it is separate from other Atlantic salmon 
populations. Gulf of Maine salmon are behaviorally and physiologically 
discrete from other members of the taxon because they return to their 
natal Gulf of Maine rivers to spawn, which leads to the separation in 
stocks that has been observed between the Gulf of Maine and other 
segments of the taxon. This phenomenon is known as homing and is 
characteristic of all other anadromous salmonids (Klemetsen et al., 
2003; Utter et al., 2004). Baum and Spencer (1990) found that roughly 
98 percent of all tagged salmon returned to their natal rivers to 
spawn.
    Ecologically, Gulf of Maine salmon are discrete from other members 
of the taxon. The core of the riverine habitat of this population 
segment lies within the Penobscot-Kennebec-Androscoggin Ecological 
Drainage Unit (Olivero, 2003) and the Laurentian Mixed Forest Province 
(Bailey, 1995). In particular, Gulf of Maine salmon life history 
strategies are dominated by age 2 smolts and 2SW adults whereas 
populations to the north of this population segment are generally 
dominated by age 3, or older, smolts and 1SW adults (i.e., grilse). 
Smolt age reflects growth rate (Klemetsen et al., 2003), with faster 
growing parr emigrating as smolts earlier than slower growing ones 
(Metcalfe et al., 1990). Smolt age is largely influenced by temperature 
(Symons, 1979; Forseth et al., 2001) and can therefore be used to 
compare and contrast growing conditions across rivers (Metcalfe and 
Thorpe, 1990). For Gulf of Maine populations, smolt ages are quite 
similar across rivers with naturally-reared (result of either wild 
spawning or fry stocking) returning adults predominantly emigrating at 
river age 2 (88 to 100 percent) with the remainder emigrating at river 
age 3 (Fay et al., 2006).
    The strongest evidence that Gulf of Maine salmon are discrete from 
other members of the taxon is genetic. Fay et al. (2006) described 
genetic structure of this population segment and other stocks in detail 
in section 6.3.1.3. In summary, three primary genetic groups of North 
American populations (Spidle et al., 2003; Spidle et al., 2004; 
Verspoor et al., 2005) are evident. These include the anadromous Gulf 
of Maine populations (including salmon in the Kennebec and Penobscot 
Rivers) (Spidle et al., 2003), non-anadromous Maine populations (Spidle 
et al., 2003), and Canadian populations (Verspoor et al., 2005).
    Because of these behavioral, physiological, ecological and genetic 
factors, we conclude that the Gulf of Maine anadromous population is 
discrete from other Atlantic salmon populations under the provisions of 
the DPS Policy.
    With respect to the ``significance'' of this population segment, 
Fay et al. (2006) found three of the four ``significance'' factors 
described in the DPS policy applicable to the GOM DPS.
    Under the first ``significance'' factor, Fay et al. (2006) 
concluded that this population segment has persisted in an ecological 
setting unusual or unique to the taxon for several reasons. First, Gulf 
of Maine salmon live in and migrate through a unique marine 
environment. The marine migration corridor for Gulf of Maine salmon 
begins in the Gulf of Maine that is known for unique circulation 
patterns, thermal regimes, and predator assemblages (Townsend et al., 
2006). Gulf of Maine salmon undertake extremely long marine migrations 
to feeding grounds off the west coast of Greenland because the riverine 
habitat they occupy is at the southern extreme of the current North 
American range. While such vast marine migrations are more common for 
stocks on the northeast side of the Atlantic, the combination of the 
long migration distances and the unique setting of the Gulf of Maine, 
described above, make the oceanic life history of the GOM DPS quite 
unique from those of other stocks. In addition, the core of the 
riverine habitat of this population segment lies within the Penobscot-
Kennebec-Androscoggin Ecological Drainage Unit (Olivero, 2003) and the 
Laurentian Mixed Forest Province (Bailey, 1995). The importance of this 
setting is evidenced by the tremendous production potential of its 
juvenile nursery habitat that allows production of proportionately 
younger smolts than Canadian rivers to the north (Myers, 1986; Baum, 
1997; Hutchings and Jones, 1998). Thus, the combination of the unique 
rearing conditions in the freshwater portion of its range combined with 
the unique marine migration corridor led Fay et al. (2006) to conclude 
that this population segment has persisted in an ecological setting 
unusual or unique to the taxon.
    Under the second ``significance'' factor, Fay et al. (2006) 
concluded that the loss of this population segment would result in a 
significant gap or constriction in the range of the taxon. The 
extirpation of this population segment would represent a significant 
range reduction for the entire taxon Salmo salar because this 
population segment represents the southernmost native Atlantic salmon 
population in the western Atlantic; the temperature regimes in these 
southern rivers made possible the tremendous growth and production 
potential which resulted in the historically very large populations in 
these areas. Historic attempts to enhance salmon populations (in Gulf 
of Maine rivers) using Canadian-origin fish failed. This further 
illustrates the importance of conserving native populations and the 
difficulties of restoration if they are lost.
    Under the third ``significance'' factor, Fay et al. (2006) 
concluded that this population segment differs markedly from other 
populations of the species in its genetic characteristics. While 
genetic differences were used to examine the ``discreteness'' of this 
population segment, Fay et al. (2006) suggested that the 
``significance'' of these observed genetic differences is that they 
provide evidence of local adaptation. That is, low returns of exogenous 
smolts (i.e., Canadian-origin smolts stocked in Maine) and lower 
survival of smolts from these Maine rivers stocked outside their native 
geographic range (e.g., into the Merrimack River) indicate that this 
population segment is adapted to its native environment.
    These three factors led Fay et al. (2006) to conclude that this 
population segment is significant to the Atlantic

[[Page 51419]]

salmon species, and therefore, qualifies as a DPS (the new GOM DPS) 
under the provisions of the DPS Policy.
    Fay et al. (2006) explicitly considered whether to include hatchery 
populations in the GOM DPS and concluded that all conservation hatchery 
populations (currently maintained at GLNFH and CBNFH) should be 
included in the GOM DPS. This determination was based on the fact that 
there is a low level of divergence between conservation hatchery 
populations and the rest of the GOM DPS because: (1) the river-specific 
hatchery programs collect wild parr or sea-run adults annually (when 
possible) for inclusion into the broodstock programs; (2) broodstocks 
are used to stock fry and other life stages into the river of origin, 
and, in some instances, hatchery-origin individuals represent the 
primary origin of Atlantic salmon due to low adult returns; (3) there 
is no evidence of introgression from Canadian-origin populations; and 
(4) there is minimal introgression from aquaculture fish because of a 
rigorous genetic screening program. Because the level of divergence is 
minimal, Fay et al. (2006) suggested that hatchery populations should 
be considered part of the GOM DPS. However, Fay et al. (2006) also 
noted the dangers of reliance on hatcheries. In short, these risks 
include artificial selection, inbreeding depression, and outbreeding 
depression. The reader is directed to ``Artificial Propagation'' in 
``Factor E'' of this Federal Register document and Section 8.5.1 of the 
2006 Status Review report for an in depth discussion of these risks.
    We concur with the findings and application of the DPS policy 
described in Fay et al. (2006) and therefore conclude that the GOM DPS 
warrants delineation as a DPS (i.e., it is discrete and significant). 
Specifically, we conclude that the GOM DPS is comprised of all 
anadromous Atlantic salmon whose freshwater range occurs in the 
watersheds from the Androscoggin northward along the Maine coast to the 
Dennys, including all associated conservation hatchery populations used 
to supplement these natural populations; currently, such populations 
are maintained at GLNFH and CBNFH. We consider the hatchery-dependent 
populations that are maintained at CBNFH and GLNFH essential for 
recovery of the GOM DPS because the hatchery populations contain a high 
proportion of the genetic diversity remaining in the GOM DPS (Bartron 
et al., 2006). Excluded are those salmon raised in commercial 
hatcheries for aquaculture and landlocked salmon because they are 
genetically distinguishable from the GOM DPS. The marine range of the 
GOM DPS extends from the Gulf of Maine to feeding grounds off 
Greenland. The most substantial difference between the GOM DPS as 
listed in 2000 and the GOM DPS as proposed in this rule is the 
inclusion of the entire Androscoggin, Kennebec and Penobscot basins.
    Several rivers outside the range of the GOM DPS in Long Island 
Sound and Central New England contain Atlantic salmon (Fay et al., 
2006). The native Atlantic salmon of these areas south of the GOM DPS 
were extirpated in the 1800s (Fay et al., 2006). However, efforts to 
restore Atlantic salmon to these areas (e.g., Connecticut, Merrimack, 
and Saco Rivers) involve stocking Atlantic salmon that were originally 
derived from the GOM DPS. Atlantic salmon whose freshwater range occurs 
outside the GOM DPS do not interbreed with salmon within the GOM DPS 
and are not considered a part of the GOM DPS and are not being 
considered for protection under the ESA.
Status of the GOM DPS
    Since the listing of the GOM DPS of Atlantic salmon in 2000, the 
numbers of returning adults (both naturally-reared and conservation 
hatchery stocked) have remained low (Table 1). Of greatest concern is 
the extremely low number of naturally-reared adults in the GOM DPS. In 
2006 (the most recent year for which complete data is available at the 
time of writing), approximately 1,144 adult salmon returned to rivers 
within the freshwater range of the GOM DPS. Of these, only 117 were 
naturally-reared; 91 percent (1,044) of the adult salmon returned to 
the Penobscot, 95 percent (996) of which were stocked through 
conservation hatchery programs as smolt (Table 2). The remainder was 
predominantly naturally-reared salmon that returned to smaller rivers 
such as the Narraguagus, Pleasant, and Sheepscot Rivers (Table 2). 
Conservation spawning escapement (CSE) goals are widely used (e.g., 
International Council for the Exploration of the Sea (ICES), 2005) to 
describe the status of individual Atlantic salmon populations. When CSE 
goals are met, Atlantic salmon populations are generally self-
sustaining. When CSE goals are not met (i.e., less than 100 percent), 
populations are not reaching full potential which can be indicative of 
a population decline. For all rivers in Maine, current Atlantic salmon 
populations are well below CSE levels required to sustain themselves 
(Fay et al., 2006), which is further indication of their poor 
population status.

 Table 1. Adult returns to rivers within the range of the GOM DPS as listed in 2000, the Penobscot River, the Kennebec River, and the Androscoggin River
 from 2001 to 2006. These data are summarized from Table 3.2.1.2 and Table 16 in the United States Atlantic Salmon Assessment Committee Report (USASAC,
                                                                         2007).
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                               Rivers within the range
             Year              of the DPS as listed in    Penobscot River Trap     Kennebec River Trap      Androscoggin River      Total Known Returns
                                    2000 estimate                Count                  Count \a\               Trap Count
--------------------------------------------------------------------------------------------------------------------------------------------------------
2001                           103                      785                      --                       5                       893
--------------------------------------------------------------------------------------------------------------------------------------------------------
2002                           37                       780                      --                       2                       819
--------------------------------------------------------------------------------------------------------------------------------------------------------
2003                           76                       1112                     --                       3                       1191
--------------------------------------------------------------------------------------------------------------------------------------------------------
2004                           82                       1323                     --                       11                      1416
--------------------------------------------------------------------------------------------------------------------------------------------------------
2005                           71                       985                      --                       10                      1066
--------------------------------------------------------------------------------------------------------------------------------------------------------
2006                           79                       1044                     15                       6                       1144
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\a\ Counts not conducted on the Kennebec until 2006


[[Page 51420]]


  Table 2. Adult returns to rivers within the freshwater range of the GOM DPS by origin in 2006. These data are
    summarized from Table 1 in the United States Atlantic Salmon Assessment Committee Report (USASAC, 2007).
----------------------------------------------------------------------------------------------------------------
               River                  Conservation Hatchery       Naturally-reared                Total
----------------------------------------------------------------------------------------------------------------
Androscoggin                        6                         0                         6
----------------------------------------------------------------------------------------------------------------
Kennebec                            10                        5                         15
----------------------------------------------------------------------------------------------------------------
Dennys                              4                         2                         6
----------------------------------------------------------------------------------------------------------------
Narraguagus                         0                         15                        15
----------------------------------------------------------------------------------------------------------------
Other GOM DPS                       11                        47                        58
----------------------------------------------------------------------------------------------------------------
Penobscot                           996                       48                        1044
----------------------------------------------------------------------------------------------------------------
Total                               1027                      117                       1144
----------------------------------------------------------------------------------------------------------------

    Currently, the GOM DPS of Atlantic salmon is largely dependent on 
conservation hatchery supplementation for its persistence. The ultimate 
goal of the conservation hatchery program is to lead to the recovery of 
the GOM DPS. We use two recent analyses to inform us about the role of 
conservation hatcheries in reducing the risk of extinction of the GOM 
DPS given the low numbers of naturally-reared salmon in the GOM DPS. We 
do not use either of these analyses to define a point at which we 
predict the GOM DPS may go extinct or to analyze threats to the GOM DPS 
because of the assumptions made by each that make them inappropriate to 
use for such purposes. The two analyses are: (1) Fay et al. (2006) in 
which recent adult return data were used in a population viability 
analysis (PVA) to assess the extinction probabilities for the GOM DPS 
(as defined in this proposed rule); (2) Legault (2004 and 2005) in 
which a novel population modeling tool (SalmonPVA) was used to, in 
part, begin examining quantitative recovery criteria for the GOM DPS as 
listed in 2000.
    The PVA described in section 7.3 of Fay et al. (2006) generally 
shows that the GOM DPS is likely to continue to decline in terms of 
adult abundance. In short, these PVA projections show that the GOM DPS 
is trending towards extinction. The Fay et al. (2006) PVA does, 
however, show the positive population effects of conservation 
hatcheries (i.e., reducing the risk of extinction). The risk of 
extinction increases over time, and varies depending on how extinction 
is defined (i.e., a ``Quasi-Extinction Threshold'' (QET) of one 
individual vs. 50 or 100 individuals). Using an adult return dataset 
from a period of low marine survival (1991 to 2004), the likelihood of 
extinction (QET = 1) for the GOM DPS is 0.8 percent over a 20-year time 
frame. Even if the timeframe is extended to 100 years, for a QET of one 
individual the estimated extinction risk remains below 50 percent (37.2 
percent). With a QET of 50 individuals, however, the extinction risk 
increases to 71.2 percent in 100 years. In the analyses, the 
probability of extinction increases when the QET is larger, and with 
longer timeframes. Without the smolt stocking program, the risks of 
extinction would be much greater (Fay et al., 2006).
    Legault's PVA (Legault, 2005) demonstrates that current levels of 
hatchery supplementation substantially reduce extinction risk to the 
GOM DPS as listed in 2000. For example, in simulations where marine 
survival estimates were set at the mean of the last 30 years, Legault 
(2005) estimated that the extinction risk (in the next 100 years) for 
the GOM DPS as listed in 2000 was near 100 percent if hatchery 
supplementation ceased in 2015, whereas extinction risks were only 
approximately 1 percent in simulations where hatchery supplementation 
continued through the year 2055. These simulations only included those 
populations specifically named in the GOM DPS as listed in 2000; given 
that smaller initial population sizes exacerbate the extinction process 
(Holmes, 2001), adding the Penobscot population into the GOM DPS, as is 
proposed here, would further reduce the extinction risks compared to 
those presented by Legault (2005).
    Although PVAs are informative in assessing extinction risks, there 
are several assumptions that must be carefully scrutinized. In 
particular, the PVA presented by Fay et al. (2006) can be considered 
valid only if the following assumptions are accepted: (1) hatchery 
supplementation continues into the future at current levels with 
similar survival rates, and (2) similar threats to the species remain 
operative into the future (i.e., environmental conditions remain 
unchanged). Therefore, the PVA projections of extinction risk for the 
GOM DPS are not necessarily predictive of future conditions, especially 
over longer time frames, and caution must be used in interpreting 
results of this or any PVA when making a determination regarding a 
species' conservation status.
    Importantly, all of the extinction risk scenarios assessed by Fay 
et al. (2006) assumed that hatchery supplementation would continue at 
its present level. The hatchery program, however, and specifically the 
smolt stocking program that currently sustains the GOM DPS, requires at 
least 150 returning adults in the GOM DPS. If there were less than 150 
adults, smolt production goals could not be met and the hatchery 
program could not continue at its current level; the likelihood of this 
occurring has not been determined. The ramifications of an adult 
population falling below 150 are that severe genetic and demographic 
problems would arise in the population as the result of the extremely 
low levels of abundance (Fay et al., 2006). The effect hatchery 
supplementation has on reducing the risk of extinction of the GOM DPS 
would also be lost without the smolt stocking program at its current 
levels, and a steep and rapid population decline to extinction would be 
expected if hatchery broodstock goals could not be met (i.e., less than 
150 adults). In addition, because smolt stocking has a greater positive 
effect on population demographics than fry stocking (SEI, 2007), the 
cessation of the smolt stocking that currently sustains the GOM DPS 
likely would exacerbate extinctions risks considerably more than if fry 
stocking were discontinued (as considered by Legault (2005)).
    In addition, there are negative consequences to hatchery 
supplementation that are not

[[Page 51421]]

incorporated into the PVA. Despite managers' best efforts, long-term 
artificial propagation and maintenance of a population in captivity may 
result in negative effects resulting from small population size, 
inbreeding, and domestication selection that may reduce the long-term 
viability of the population (see Artificial Propagation in Factor E of 
this Federal Register Notice). We recognize that such effects may be 
difficult to detect, yet they may be irreversible.
    Additional risks of relying on hatchery supplementation that are 
not explicitly considered in either PVA are described below. The entire 
hatchery stock for the GOM DPS is maintained in two hatcheries, GLNFH 
and CBNFH. Although there are strict biosecurity protocols and 
broodstock management plans in place, there is the potential for a 
catastrophe to occur at either or both facilities (e.g., disease, loss 
of funding, loss of electricity), which could result in the loss of 
many individuals or potentially entire broodstock sources. In the event 
of such a catastrophe, there would still be two to three age classes at 
sea; however, it would be extremely difficult to rebuild the broodstock 
with the remaining small population and limited gene pool. Given the 
current dependence of the GOM DPS on hatchery supplementation, 
catastrophic loss of either or both hatchery stocks would cause a steep 
and rapid decline to extinction, potentially more severe than if 
broodstock goals cannot be met (as described above). Neither of the 
PVAs (Legault, 2005; nor Fay et al., 2006) explicitly considered the 
risk of catastrophic loss of both conservation hatchery programs.
    To summarize the information we have obtained from the PVAs 
(Legault, 2005; Fay et al., 2006), the GOM DPS is trending toward 
extinction though conservation hatchery supplementation buffers the 
extinction risk. If the number of returning adults falls below 150, the 
current levels of conservation hatchery supplementation (smolt 
stocking, in particular) would be impossible to maintain, resulting in 
a rapid and steep decline to extinction. This scenario was not modeled 
in either PVA; therefore, we are not able to predict timeframes to how 
soon extinction might occur without hatchery supplementation.
    To summarize the status of the GOM DPS, the total number of 
naturally-reared, spawning adult salmon continues to be extremely low 
(117 in 2006 data summarized from USASAC, 2007). In 2006 there were 
1,027 smolt-stocked adults in the GOM DPS (data summarized from USASAC 
(2007)). Hatchery supplementation reduces the risk of extinction by 
increasing the number of juveniles in the GOM DPS, thereby maintaining 
low levels of spawning adults returning to the system. However, these 
programs have not yet been successful at recovering or maintaining 
wild, self-sustaining populations of Atlantic salmon as evidenced by 
the low numbers of naturally-reared adults in the GOM DPS. The majority 
of salmon within the freshwater range of the GOM DPS return to a single 
river system, the Penobscot; of these, approximately 90 percent were 
stocked as smolts.

Summary of Factors Affecting the GOM DPS

     Section 4 of the ESA (16 U.S.C. 1533) and implementing regulations 
at 50 CFR part 424 set forth procedures for adding species to the 
Federal List of Endangered and Threatened Species. Under section 4(a) 
of the Act, we must determine if a species is threatened or endangered 
because of any of the following five factors: (A) The present or 
threatened destruction, modification, or curtailment of its habitat or 
range; (B) overutilization for commercial, recreational, scientific, or 
educational purposes; (C) disease or predation; (D) the inadequacy of 
existing regulatory mechanisms; or (E) other natural or manmade factors 
affecting its continued existence.
    We have described the effects of various factors leading to the 
decline of Atlantic salmon in previous listing determinations (60 FR 
50530, September 29, 1995; 64 FR 62627, November 17, 1999; 65 FR 69459, 
November 17, 2000) and supporting documents (NMFS and USFWS, 1999; NMFS 
and USFWS, 2005). The reader is directed to section 8 of Fay et al., 
(2006) for a more detailed discussion of the factors affecting the GOM 
DPS. In making this finding, information regarding the status of the 
GOM DPS of Atlantic salmon is considered in relation to the five 
factors provided in section 4(a)(1) of the ESA.

A. The Present or Threatened Destruction, Modification, or Curtailment 
of its Habitat or Range

    Changes to the GOM DPS's natural environment are ubiquitous. Both 
contemporary and historic land and water use practices such as damming 
of rivers, forestry, agriculture, urbanization, and water withdrawal 
have substantially altered Atlantic salmon habitat by: (1) eliminating 
and degrading spawning and rearing habitat, (2) reducing habitat 
complexity and connectivity, (3) degrading water quality, and (4) 
altering water temperatures. These impacts and their effects on salmon 
are described in detail by Fay et al. (2006). Here we summarize the 
stressors that we believe are having the greatest impact on the GOM 
DPS.
    Dams are among the leading causes of both historic declines and 
contemporary low abundance of the GOM DPS of Atlantic salmon. Dams 
directly limit access to otherwise suitable habitat. Prior to the 
construction of mainstem dams in the early 1800s, the upstream 
migrations of salmon extended well into headwaters of large and small 
rivers alike, unless a naturally impassable waterfall existed. For 
example, Atlantic salmon were found throughout the West Branch of the 
Penobscot River (roughly 350 km inland) and as far as Grand Falls 
(roughly 235 km inland) on the Dead River in the Kennebec Drainage 
(Foster and Atkins, 1867; Atkins, 1870). Today, however, upstream 
passage for salmon on the West Branch of the Penobscot is nonexistent 
and limited to trapping and trucking salmon above the first mainstem 
dam on the Kennebec. Dams also change hydraulic characteristics of 
rivers. These changes, combined with reduced, non-existent, or poor 
fish passage, influence fish community structure. Specifically, dams 
create slow-moving impoundments in formerly free-flowing reaches. Not 
only are these altered habitats less suitable for spawning and rearing 
of Atlantic salmon, they may also favor nonnative competitors such as 
smallmouth bass (Micropterus dolomieu) over native species such as 
brook trout (Salvelinus fontinalis) and American shad (Alosa 
sapidissima). Fish passage inefficiency also leads to direct mortality 
of Atlantic salmon. Upstream passage effectiveness for anadromous fish 
species never reaches 100 percent, and substantial mortality and 
migration delays occur during downstream passage events through screen 
impingement and turbine entrainment. The cumulative losses of smolts, 
in particular, incrementally diminish the productive capacity of 
freshwater rearing habitat above hydroelectric dams. Comprehensive 
discussions of the impacts of dams are presented in sections 8.1, 8.3, 
and 8.5.4 of Fay et al. (2006) and NRC (2004).
    As supported by the information in the Status Review, we find that 
the threat of dams and their inter-related effects on freshwater salmon 
habitat is one of the three (in addition to the inadequacy of existing 
regulatory mechanisms for dams (see discussion in Factor D below) and 
the low marine survival, (see discussion in Factor E below) most 
influential stressors

[[Page 51422]]

negatively affecting the persistence of the GOM DPS.
    Some forest, agricultural, and other land use practices have 
reduced habitat complexity within the range of the GOM DPS of Atlantic 
salmon. Large woody debris (LWD) and large boulders are currently 
lacking from many rivers because of historic practices. When present, 
LWD and large boulders create and maintain a diverse variety of habitat 
types. Large trees were harvested from riparian areas; this reduced the 
supply of LWD to channels. In addition, any LWD and large boulders that 
were in river channels were often removed in order to facilitate log 
drives. Historical forestry and agricultural practices were likely the 
cause of currently altered channel characteristics, such as width-to-
depth ratios (i.e., channels are wider and shallower today than they 
were historically). Channels with large width-to-depth ratios tend to 
experience more rapid water temperature fluctuations, which is 
stressful for salmon, particularly in the summer when temperatures are 
warmer. Further discussions of the impacts of reduced habitat 
complexity are presented in section 8.1.2 of Fay et al. (2006). Within 
Factor A, we find that the threat to the persistence of the GOM DPS 
from reduced habitat complexity is secondary to the significant threat 
posed by dams.
    Habitat connectivity has been reduced because of dams and poorly 
designed road crossings. Further discussions of the impacts of reduced 
habitat connectivity are presented in section 8.1.2 of Fay et al. 
(2006). As a highly migratory species, Atlantic salmon require a 
diverse array of well-connected habitat types in order to complete 
their life history. Impediments to movement between habitat types can 
limit access to potential habitat and, therefore, directly reduce 
survival in freshwater. In some instances, barriers to migration may 
also impede recovery of other diadromous fishes as well. For example, 
alewives (Alosa pseudoharengus) require free access to lakes to 
complete their life history. To the extent that salmon require other 
native diadromous fishes to complete their life history (see ``Depleted 
Diadromous Communities'' in ``Factor E'' of this Federal Register 
notice), limited connectivity of freshwater habitat types may limit the 
abundance of salmon through diminished nutrient cycling, and a 
reduction in the availability of co-evolved diadromous fish species 
that provide an alternative prey source and serve as prey to GOM DPS 
Atlantic salmon. Restoration efforts in the Machias, East Machias and 
Narraguagus Rivers have improved passage at road crossings by replacing 
poorly-sized and poorly-positioned culverts. However, many barriers of 
this type remain throughout the GOM DPS. Within Factor A, we find that 
the threat to the persistence of the GOM DPS from reduced habitat 
connectivity (resulting from causes other than dams) is secondary to 
the significant threat posed by dams.
    A number of other human-caused perturbations continue to negatively 
modify Atlantic salmon habitat within the range of the GOM DPS. Water 
withdrawals that reduce water quality (e.g., temperature and dissolved 
oxygen) and in-stream flows to levels that cannot sustain Atlantic 
salmon populations have been documented in rivers within the range of 
the GOM DPS. Elevated sedimentation from forestry, agriculture, 
urbanization, and roads can reduce survival at several life stages, 
most importantly egg survival, as well as alter in-stream habitat and 
habitat use patterns by filling pools, and adversely affect aquatic 
invertebrate populations that are an important food source for salmon. 
Acid rain reduces pH in surface waters with low buffering capacity, and 
reduced pH impairs osmoregulatory abilities and seawater tolerance of 
Atlantic salmon smolts. A variety of pesticides, herbicides, trace 
elements, and other contaminants are found at varying levels throughout 
the range of the GOM DPS. These contaminants have been demonstrated to 
cause lethal and sub-lethal impacts, such as impaired olfactory 
capabilities, to salmon. Fay et al. (2006) provide a thorough 
discussion of these habitat alterations in sections 8.1.1 and 8.1.3. 
Within Factor A, we find that the threat to the persistence of the GOM 
DPS from poor water quality is secondary to the significant threat 
posed by dams.
    The GOM DPS of Atlantic salmon is negatively affected by ongoing 
changes in its freshwater habitat as a result of land and water use 
practices as considered above in Factor A. Within Factor A, we find 
that dams and their inter-related effects are significant threats to 
the persistence of the GOM DPS; secondary threats to the persistence of 
the GOM DPS are stressors that reduce habitat connectivity (other than 
dams), reduce habitat complexity, and negatively affect water quality. 
We conclude that threats from dams, the inadequacy of existing 
regulatory mechanism for dams (described below in Factor D), and low 
marine survival (described below in Factor E), are the most influential 
stressors negatively affecting the persistence of the GOM DPS.

B. Overutilization for Commercial, Recreational, Scientific, or 
Educational Purposes

    The GOM DPS of Atlantic salmon has supported important tribal, 
recreational, and commercial fisheries. In the past, these fisheries 
have been conducted throughout nearly all of the GOM DPS's habitats, 
including in-river, estuarine, and off-shore (see section 8.2 of Fay et 
al. (2006) for additional information regarding Overutilization as it 
affects Atlantic salmon).
    Atlantic salmon are an integral part of the history of Native 
American tribes in Maine, particularly the PIN. The species represents 
both an important resource for food, and perhaps more importantly, a 
cultural symbol of the deeply engrained connection between the PIN and 
the Penobscot River. In accordance with the Maine Indian Land Claims 
Settlement Act, the PIN retains the right of its members to harvest 
Atlantic salmon for subsistence and sustenance purposes, and to self-
regulate that harvest. The PIN has harvested only two salmon under 
these provisions, and has voluntarily decided not to harvest any 
Atlantic salmon since 1988, because of the depleted status of the 
species.
    Recreational fisheries for Atlantic salmon in Maine date back to 
the early to mid-1800s. Since 1880, over 25,000 Atlantic salmon have 
been landed in Maine rivers, roughly 14,000 in the Penobscot River 
alone (Baum, 1997). Historically, Atlantic salmon sport anglers 
practiced very little catch and release. Beginning in the 1980s as runs 
decreased, the Maine Atlantic Sea Run Salmon Commission imposed 
increasingly restrictive regulations on the recreational harvesting of 
Atlantic salmon in Maine. The allowable annual harvest per angler for 
these rivers was reduced from 10 salmon in the 1980s to 1 grilse in 
1994. Angling was closed on the Pleasant River from 1986 to 1989. In 
1990, a one year catch and release fishery was allowed on the Pleasant 
River. In 1995, regulations were promulgated for catch and release 
fishing for sea-run Atlantic salmon throughout the other Maine salmon 
rivers, closing the last remaining recreational harvest opportunities 
for sea run Atlantic salmon in the United States. In 2000, all directed 
recreational fisheries for sea run Atlantic salmon in Maine were closed 
until 2006 when a short, highly regulated, experimental catch and 
release fishery was opened on the Penobscot River below Veazie Dam. The 
30-day angling season began on September 15, 2006, and resulted in one 
Atlantic salmon being caught and released on September 20, 2006. This

[[Page 51423]]

fishery was opened again on September 15, 2007. In 2008, the Maine 
Atlantic Salmon Commission Board authorized a 30-day catch and release 
fishery for the spring of 2008. This fishery poses a risk to returning 
sea-run Atlantic salmon because it occurs at a time of year before 
broodstock have been collected, which is essential to maintain current 
levels of conservation hatchery supplementation, and would further risk 
the likelihood of achieving the scientifically sound and mutually-
agreed goals set forth in the Broodstock Management Plan (P. Kurkul, 
NOAA, in litt. February 1, 2008).
    Poaching and incidental capture remain concerns to the status of 
Atlantic salmon in Maine. Incidental capture of parr and smolts, 
primarily by trout anglers, and of adult salmon, primarily by striped 
bass anglers, has been documented. Targeted poaching for adult salmon 
occurs at low levels as well. Low returns of adult salmon to Maine 
rivers highlight the importance of continuing to reduce any source of 
mortality, particularly at later life stages.
    Commercial fishing for Maine Atlantic salmon historically occurred 
in rivers, estuaries, and on the high seas. While most directed 
commercial fisheries for Atlantic salmon have ceased, the impacts from 
past fisheries are important in explaining the present low abundance of 
the GOM DPS. Also, the continuation of offshore fisheries for Atlantic 
salmon, albeit at reduced levels, influences the current status of the 
GOM DPS.
    Nearshore fisheries for Atlantic salmon in Maine were quite common 
in the late 1800s. In 1888, roughly 90 metric tons (mt) of salmon were 
harvested in the Penobscot River alone. As stocks continued to decline 
through the early 1900s, the Maine Atlantic Sea Run Salmon Commission 
closed the nearshore commercial fishery for Atlantic salmon after the 
1947 season when only 40 fish (0.2 mt) were caught. Directed fisheries 
for Atlantic salmon in U.S. territorial waters were further limited by 
regulations implementing the Atlantic salmon fishery management plan 
(FMP) in 1987 (NEFMC, 1987). These regulations prohibit possession of 
Atlantic salmon in the U.S. exclusive economic zone. While nearshore 
fisheries for Atlantic salmon have ceased, the impacts from past 
fisheries are important in explaining the present low abundance of the 
GOM DPS.
     Directed fishing for other species has the potential to intercept 
salmon as by-catch. Beland (1984) reported that fewer than 100 salmon 
per year were caught incidental to other commercial fisheries in the 
coastal waters of Maine. Recent investigations also suggest that by-
catch of Atlantic salmon in herring fisheries is not a significant 
mortality source for U.S. stocks of salmon (ICES, 2004).
    Offshore, directed fisheries for Atlantic salmon continue to affect 
the GOM DPS, though these fisheries have been substantially reduced in 
recent years. The combined harvest of 1SW Atlantic salmon of U.S. 
origin in the fisheries off West Greenland and Canada averaged 5,060 
fish, and returns to U.S. rivers averaged 2,884 fish from 1968 to 1989 
(ICES, 1993); we estimate that roughly 87 percent of all U.S. adult 
returns during the time period 1968 to 1989 originated from the GOM 
DPS, and thus roughly 2,519 of the 2,884 of the above returns were to 
the GOM DPS. ICES (1993) estimated that adult returns to U.S.rivers 
could have potentially been increased by 2.5 times in the absence of 
West Greenland and Labrador fisheries during that time period. The 
United States joined with other North Atlantic nations in 1982 to form 
the North Atlantic Salmon Conservation Organization (NASCO) for the 
purpose of managing salmon through a cooperative program of 
conservation, restoration, and enhancement of North Atlantic stocks. 
NASCO achieves its goals by managing the exploitation by member nations 
of Atlantic salmon that originated within the territory of other member 
nations. The United States' interest in NASCO stemmed from its desire 
to ensure that interception fisheries of U.S. origin fish did not 
compromise the long-term commitment by the states and Federal 
government to rehabilitate and restore New England Atlantic salmon 
stocks. Since the establishment of NASCO in 1982, commercial quotas for 
the West Greenland fishery have steadily declined, as has the abundance 
of most stocks that make up this mixed stock fishery (including the GOM 
DPS). Quotas have been restricted to an internal use fishery (i.e., no 
fish were sold internationally) in the following years: 1998-2000; 
2003-2007; and provisionally for 2008.
    In addition, a small commercial fishery occurs off St. Pierre et 
Miquelon, a French territory south of Newfoundland. Historically, the 
fishery was very limited (2 to 3 mt per year). There is great interest 
by the United States and Canada in sampling this catch to gain more 
information on stock composition. In recent years, there has been a 
reported small increase in the number of fishermen participating in 
this fishery. A small sampling program was initiated in 2003 to obtain 
biological data and samples from the catch. Genetic analysis on 134 
samples collected in 2004 indicated that all samples originated from 
North America, and approximately 1.9 percent were of U.S. origin. The 
90-percent confidence interval around this estimate was 0-77 U.S.-
origin salmon (ICES, 2006), and since roughly 87 percent of all U.S. 
returns originated from the GOM DPS in 2004 (USASAC, 2005), we estimate 
that up to 67 fish harvested in this fishery originated from the GOM 
DPS. Efforts to continue and increase the scope of this sampling 
program are ongoing through NASCO. These data are essential to 
understanding the impact of this fishery on the GOM DPS.
    A multi-year conservation agreement was established in 2002 between 
the North Atlantic Salmon Fund and the Organization of Hunters and 
Fishermen in Greenland, effectively buying out the commercial fishery 
for Atlantic salmon for a 5-year period. The internal-use fishery is 
not included in the agreement. From 2002 to 2005, the internal-use 
fishery harvested between 19 and 25 mt (reported and unreported catch) 
annually. Genetic analysis performed on samples obtained from the 2002 
to 2004 fisheries estimated the North American contribution at 64-73 
percent, with the United States contributing between 0.1 and 0.8 
percent of the total. The 90 percent confidence interval for the U.S. 
estimates are 0 to 141 salmon in 2002, 5 to 132 salmon in 2003, and 0 
to 64 salmon in 2004 (ICES, 2006). In June 2007, the agreement was 
extended and revised to cover the 2007 fishing season. The agreement 
may continue to be extended on an annual basis through 2013.
    Overutilization for recreational and commercial purposes was a 
factor that contributed to the historic declines of the GOM DPS. The 
current low numbers of adult salmon in the GOM DPS magnify the negative 
population effects caused by any take that occurs through commercial, 
recreational, scientific or educational purposes; however, we find the 
threats from overutilization (Factor B) to the persistence of the GOM 
DPS are secondary to threats identified above in Factors A (dams), and 
below in D (inadequacy of existing regulatory mechanisms for dams) and 
E (low marine survival).

 C. Disease or Predation

    Fish diseases have always represented a source of mortality to 
Atlantic salmon in the wild (for a more thorough discussion see section 
8.3.2 of Fay et al. (2006)). Atlantic salmon are susceptible to 
numerous bacterial, viral, and fungal diseases. Bacterial diseases 
common to New England waters include Bacterial Kidney Disease (BKD), 
Enteric

[[Page 51424]]

Redmouth Disease (ERM), Cold Water Disease (CWD), and Vibriosis (Mills, 
1971; Gaston, 1988; Olafsen and Roberts, 1993; Egusa, 1992). To reduce 
the likelihood of disease outbreaks or epizootic events, cultured 
salmon used for aquaculture purposes routinely receive vaccinations for 
these pathogens prior to stocking into marine sites. Fungal diseases 
such as Furunculosis can affect all life stages of salmon in both fresh 
and salt water, and the causative agent (Saprolignia spp.) is 
ubiquitous to most water bodies. The risk of an epizootic occurring 
during fish culture operations is greater because of the increased 
numbers of host animals reared at much higher densities than would be 
found in the wild. In addition, stressors associated with intensive 
fish culture operations (i.e., handling, stocking, tagging, and sea-
lice loads) may increase susceptibility to infections. Disease from 
fish culture operations may be spread to wild salmon directly through 
effluent discharge or indirectly from either escapes of cultured 
salmon, or through smolts and returning adults passing through 
embayments where pathogen loads are increased to a level such that 
infection occurs and diseases may be transferred.
    A number of viral diseases that could affect wild populations have 
occurred during the culture of Atlantic salmon, such as Infectious 
Pancreatic Necrosis, Salmon Swimbladder Sarcoma Virus, Infectious 
Salmon Anemia (ISA), and Salmon Papilloma (Olafsen and Roberts, 1993). 
In 2007, the Infectious Pancreatic Necrosis virus was isolated in sea 
run fish in the Connecticut River program. It is most likely these fish 
contracted the disease during their time at sea and it was detected in 
the hatchery due to the rigorous fish health monitoring and assessment 
protocols. ISA is of particular concern for the GOM DPS because of the 
nature of the pathogen and the high mortality rates associated with the 
disease. Most notably, a 2001 outbreak of ISA in Cobscook Bay led to an 
emergency depopulation of all commercially cultured salmon in the bay. 
In addition to complete depopulation of all cultured salmon, the MDMR 
ordered all cages be thoroughly cleaned and disinfected, all sites be 
fallowed for 3 months, and subsequent re-stocking of cages occur at 
lower densities with only