Listing Endangered and Threatened Species: Threatened Status for the Oregon Coast Coho Salmon Evolutionarily Significant Unit, 35755-35771 [2011-15080]
Download as PDF
Federal Register / Vol. 76, No. 118 / Monday, June 20, 2011 / Rules and Regulations
Location and case
No.
Date and name of newspaper
where notice was published
Chief executive officer of community
Effective date of
modification
Unincorporated
areas of Bryan
County (10–04–
4427P).
Unincorporated
areas of Forsyth
County (11–04–
1171P).
April 6, 2011; April 13, 2011;
The Bryan County News.
The Honorable Jimmy Burnsed, Chairman, Bryan County Board of Commissioners, 51 North Courthouse Street,
Pembroke, GA 31321.
The Honorable Brian R. Tam, Chairman,
Forsyth County Board of Commissioners, 110 East Main Street, Suite
210, Cumming, GA 30040.
August 11, 2011 .............
130016
July 28, 2011 ..................
130312
Unincorporated
areas of Yellowstone County (10–
08–0854P).
March 31, 2011; April 7, 2011;
The Billings Gazette.
The Honorable Bill Kennedy, Chairman,
Yellowstone County Board of Commissioners, P.O. Box 35000, Billings, MT
59107.
August 5, 2011 ...............
300142
Unincorporated
areas of Douglas
County (10–09–
3566P).
April 6, 2011; April 13, 2011;
The Record-Courier.
The Honorable Michael A. Olson Chairman, Douglas County Board of Commissioners, 3605 Silverado Drive, Carson City, NV 89705.
August 11, 2011 .............
320008
Unincorporated
areas of Caldwell
County (10–04–
7739P).
Unincorporated
areas of Columbus
County (10–04–
6815P).
City of Durham (10–
04–4374P).
January 20, 2011; January 27,
2011; The Lenoir NewsTopic.
Mr. Stan Kiser, Caldwell County Manager,
P.O. Box 2200, 905 West Avenue
Northwest, Lenoir, NC 28645.
May 27, 2011 .................
370039
April 7, 2011; April 14, 2011;
The News Reporter.
Mr. Giles E. Byrd, Chairman, Columbus
County Board of Commissioners, 112
West Smith Street, Whiteville, NC
28472.
The Honorable William V. Bell, Mayor,
City of Durham, 101 City Hall Plaza,
Durham, NC 27701.
August 12, 2011 .............
370305
August 4, 2011 ...............
370086
State and county
Bryan ................
Forsyth .............
Montana:
Yellowstone ......
Nevada:
Douglas ............
North Carolina:
Caldwell ............
Columbus .........
Durham .............
March 23, 2011; March 30,
2011; The Forsyth County
News.
March 30, 2011; April 6, 2011;
The Herald-Sun.
(Catalog of Federal Domestic Assistance No.
97.022, ‘‘Flood Insurance.’’)
Dated: June 10, 2011.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation
Administrator, Mitigation, Department of
Homeland Security, Federal Emergency
Management Agency.
[FR Doc. 2011–15308 Filed 6–17–11; 8:45 am]
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 223
[Docket No. 110531311–1310–02]
RIN 0648–XA407
Listing Endangered and Threatened
Species: Threatened Status for the
Oregon Coast Coho Salmon
Evolutionarily Significant Unit
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
mstockstill on DSK4VPTVN1PROD with RULES
AGENCY:
We, the National Marine
Fisheries Service (NMFS), issue a final
determination to retain the threatened
listing for the Oregon Coast (OC)
Evolutionarily Significant Unit (ESU) of
coho salmon (Oncorhynchus kisutch)
under the Endangered Species Act
SUMMARY:
16:50 Jun 17, 2011
Jkt 223001
(ESA). This listing determination will
supersede our February 11, 2008, listing
determination for this ESU. Our
February 11, 2008, determinations
establishing protective regulations
under ESA section 4(d) and designating
critical habitat for this ESU remain in
effect.
Effective June 20, 2011.
ADDRESSES: NMFS, Protected Resources
Division, 1201 NE., Lloyd Blvd., Suite
1100, Portland, OR 97232.
FOR FURTHER INFORMATION CONTACT: Eric
Murray at the address above or at (503)
231–2378, or Marta Nammack, NMFS,
Office of Protected Resources, (301)
713–1401. The final rule, references and
other materials relating to this
determination can be found on our Web
site at https://www.nwr.noaa.gov or by
contacting us at the address above.
SUPPLEMENTARY INFORMATION: We first
proposed to list the OC coho salmon
ESU as threatened under the ESA in
1995 (60 FR 38011; July 25, 1995). Since
then, we have completed several status
reviews for this species, and its listing
classification has changed between
threatened and not warranted for listing
a number of times. The ESA listing
status of the OC coho salmon ESU has
been controversial and has attracted
litigation in the past. A complete history
of this ESU’s listing status can be found
in our May 26, 2010, proposal to retain
the threatened listing for this ESU (75
FR 29489). As part of a legal settlement
agreement in 2008, we committed to
DATES:
BILLING CODE 9110–12–P
VerDate Mar<15>2010
35755
PO 00000
Frm 00035
Fmt 4700
Sfmt 4700
Community
No.
complete a new status review for this
ESU.
The steps we follow when evaluating
whether a species should be listed
under the ESA are to: (1) Delineate the
species under consideration; (2) review
the status of the species; (3) consider the
ESA section 4(a)(1) factors to identify
threats facing the species; (4) assess
whether certain protective efforts
mitigate these threats; and (5) evaluate
and assess the likelihood of the species’
future persistence. We provide more
detailed information and findings
regarding each of these steps later in
this final rule.
To aid us in the status review, we
convened a team of Federal scientists,
known as a biological review team
(BRT). The BRT for this OC coho salmon
ESU status review was composed of
scientists from our Northwest and
Southwest Fisheries Science Centers
and the USDA Forest Service. As part of
its evaluation, the BRT considered ESU
boundaries, membership of fish from
hatchery programs within the ESU, the
risk of extinction of the ESU, and threats
facing this ESU. The BRT evaluated the
best available information on ESU
viability criteria (abundance, ESU
productivity, spatial structure, and
diversity). It also considered factors
affecting ESU viability, including
marine survival, trends in freshwater
habitat complexity, and potential effects
of global climate change. It considered
the work products of the Oregon/
Northern California Coast Technical
Recovery Team and information
E:\FR\FM\20JNR1.SGM
20JNR1
35756
Federal Register / Vol. 76, No. 118 / Monday, June 20, 2011 / Rules and Regulations
mstockstill on DSK4VPTVN1PROD with RULES
submitted by the public, State agencies,
and other Federal agencies.
We asked the BRT to assess the level
of extinction risk facing the species,
describing its confidence that the
species is at high risk, moderate risk, or
neither. We described a species with
high risk as one that is at or near a level
of abundance, productivity, and/or
spatial structure that places its
persistence in question. We described a
species at moderate risk as one that
exhibits a trajectory indicating that it is
more likely than not to be at a high level
of extinction risk in the foreseeable
future, with the appropriate time
horizon depending on the nature of the
threats facing the species and the
species’ life history characteristics. The
preliminary report of the BRT
deliberations (Stout et al., 2010)
describes OC coho salmon biology and
assesses demographic risks, threats, and
overall extinction risk.
On May 26, 2010, we announced
completion of the status review and a
proposal to retain the threatened listing
for this ESU (75 FR 29489). We solicited
comments and suggestions from all
interested parties including the public,
other governmental agencies, the
scientific community, industry, and
environmental groups. Specifically, we
requested information regarding: (1)
Assessment methods to determine this
ESU’s viability; (2) this ESU’s
abundance, productivity, spatial
structure, or diversity; (3) efforts being
made to protect this ESU or its habitat;
(4) threats to this ESU; and (5) changes
to the condition or quantity of this
ESU’s habitat.
Summary of Comments Received in
Response to the Proposed Rule
We solicited public comment on the
proposed listing of the OC coho salmon
ESU for a total of 60 days. We did not
receive a request for, nor did we hold,
a public hearing on the proposal. Public
comments were received from 8
commenters, and copies of all public
comments received are available online
at: https://www.regulations.gov/
#!docketDetail;dct=FR+PR+
N+O+SR+PS;rpp=10;so=DESC;
sb=postedDate;po=0;D=NOAA-NMFS2010-0112.
Several commenters stated that they
were in favor of retaining the threatened
listing for this ESU but did not present
any specific information to support their
position. Summaries of the substantive
comments received, and our responses,
are provided below, organized by
category.
In December 2004, the Office of
Management and Budget (OMB) issued
a Final Information Quality Bulletin for
VerDate Mar<15>2010
16:50 Jun 17, 2011
Jkt 223001
Peer Review establishing minimum peer
review standards, a transparent process
for public disclosure, and opportunities
for public input. In accordance with this
guidance, we solicited technical review
of the preliminary status report (Stout et
al., 2010) from nine independent
experts selected from the academic and
scientific community. Each reviewer is
an expert in either salmon biology, fish
risk assessment methodology, ocean/
salmon ecology, climate trend
assessment, or landscape-scale habitat
assessment. Eight reviewers responded
to our request.
After considering the information
provided during the public comment
period and by peer reviewers, the BRT
prepared a final report (Stout et al.,
2011). In preparing its final report, the
BRT also considered some new
scientific information that became
available since the issuance of its
preliminary report.
Response to Comments
There was substantial overlap
between the comments from the peer
reviewers and the substantive public
comments. The comments were
sufficiently similar to warrant a
response to the peer reviewer’s
comments through our general
responses below. The Oregon
Department of Fish and Wildlife
(ODFW) provided the most substantial
technical comments. In the Pacific
Northwest, there is unique comanagement of salmon and their habitat
shared by Federal and State agencies
and tribes. Due to this shared
management, we specifically identify
ODFW’s comments in the following
section. Other individuals, agencies,
and organizations who submitted
comments during the public comment
period are identified as ‘‘commenters,’’
while peer reviewers are referred to a
‘‘reviewers.’’
Productivity Trends
Comment 1: ODFW stated ‘‘* * * the
BRT makes generalizations regarding
trends in coho salmon productivity that
are not consistent with patterns of
productivity observed over the last
twelve years.’’
Response: After reviewing its report
in response to ODFW’s comments, the
BRT revised the ‘‘Current Biological
Status’’ section extensively to add
clarity and better support for their
findings. In particular, they added
additional information on the historical
abundance of the ESU and 20th century
trends in two measures of productivity:
Pre-harvest recruits per spawner and the
natural return ratio. The BRT concluded
that there clearly has been a long-term
PO 00000
Frm 00036
Fmt 4700
Sfmt 4700
decline in recruits per spawner during
the 20th century, consistent with what
has been found in previous status
reviews (Weikamp et al., 1995; Good et
al., 2005). The BRT found no evidence
that this decline has reversed. In fact,
recruits from the return years 1997–
1999 failed to replace parental
spawners: A recruitment failure
occurred in all three brood cycles even
before accounting for harvest-related
mortalities. This was the first time this
had happened since data collection
began in the 1950s. In most years since
2000, improved marine survival and
higher rainfall are thought to be factors
that have contributed to a recent
upswing in recruits. However, in the
return years 2005, 2006, and 2007,
recruits again failed to replace parental
spawners. The BRT discussed several
possible explanations for this
recruitment failure, including the
possibility that the higher spawning
abundance levels in recent years have
reached the current carrying capacity of
the degraded freshwater environment.
In addition, the BRT noted that while
total spawning abundance has been at
its highest level since the 1950s, the
total numbers of recruits remain lower
than in the 1950s–1970s. The BRT
therefore concluded that with the
current freshwater habitat conditions,
the ability of the OC Coho Salmon ESU
to survive another prolonged period of
poor marine survival remains in
question.
Persistence Analysis
Comment 2: ODFW stated ‘‘In
summary, we believe that the use of
peak count data fundamentally altered
the results of the Decision Support
System (DSS) analysis. In addition, we
believe that negative depensatory effects
on coastal coho [are] extremely unlikely
based on experience with other
populations and because of the lack of
any evidence of such effects in the Life
Cycle basins or at the population scale.’’
Response: The BRT’s initial report
(Stout et al., 2010) noted that the OC
coho salmon Technical Recovery
Team’s report (Wainwright et al., 2008)
analyzed the critical abundance
criterion using incorrect data. In
particular, the Technical Recovery Team
report specifically states that this
criterion should be evaluated using peak
count data, but inadvertently used area
under the curve data. The BRT
discovered this discrepancy when
rerunning the DSS for the BRT’s
analysis. The analysis found in the
BRT’s initial report (Stout et al., 2010)
is therefore a correction, not a change.
Stated differently, the Technical
Recovery Team and the BRT both
E:\FR\FM\20JNR1.SGM
20JNR1
mstockstill on DSK4VPTVN1PROD with RULES
Federal Register / Vol. 76, No. 118 / Monday, June 20, 2011 / Rules and Regulations
intended to use peak counts as the
selected measure of spawner abundance
in the DSS analysis; the use of area
under the curve data in the Technical
Recovery Team’s report was a mistake,
later corrected in the BRT’s initial report
(Stout et al., 2010).
Comment 3: One commenter took
issue with the BRT’s consideration of
depensation as risk based on the
spawner density levels found in the
North Umpqua River from 1946–2009.
Response: The spawner density levels
cited by the commenter were influenced
by hatchery returns, which makes it
impossible to assess the response of the
natural component of that population to
low abundance events.
Comment 4: One commenter stated
that the model results do not reflect
actual production. The commenter
contended that the BRT changed the
DSS and eliminated the population
functionality criterion from the results.
Response: This appears to be a
misunderstanding of the BRT’s report.
The BRT included the population
functionality criterion in the DSS. It did,
however, discuss the need to reconsider
this criterion in the future. In addition,
the BRT did not rely solely on the DSS
in its deliberations, but considered other
factors and sources of information in
reaching its final risk conclusions.
Comment 5: One commenter stated
that the BRT arbitrarily changed the
population assessment model metric for
spawner density. The commenter
contended that peak count data was
arbitrarily used instead of area under
the curve data in running the DSS
analyses. The commenter stated that the
use of area-under-the-curve counts is
more commonly accepted in the
fisheries profession. The commenter
also contended that observer bias was
not accounted for in data sets used in
the BRT analyses.
Response: As discussed in our
response to Comment 2, the Technical
Recovery Team and the BRT both
intended to use peak counts as the
selected measure of spawner abundance
in the DSS analysis. The use of area
under the curve data in the Technical
Recovery Team’s report was a mistake,
later corrected in the BRT’s initial report
(Stout et al., 2010). The BRT note that
the use of peak count data is well
documented in the fishery management
literature and cite several studies
supporting the use of peak counts to
assess salmon spawner abundance.
Regarding observer bias, the data set
obtained from the ODFW, and used in
the DSS, was corrected for observer bias.
Comment 6: One commenter noted
that persistence and sustainability of the
North Umpqua populations of OC coho
VerDate Mar<15>2010
16:50 Jun 17, 2011
Jkt 223001
salmon is well documented. The
commenter suggested that the BRT look
to the historical record for evidence of
the wide variation of habitat and
climatic conditions under which this
population has persisted.
Response: The BRT found that the
North Umpqua population persistence
and sustainability is confounded by
high hatchery production in the recent
past, and the Technical Recovery
Team’s productivity analysis takes that
into account. That hatchery program has
recently been terminated, so future
analyses will be better able to assess the
sustainability of the North Umpqua
population. With respect to the
historical record, the BRT did examine
the historical record and recognized that
there are strong climate driven
fluctuations in OC coho salmon
abundance and productivity. The BRT
risk assessment and Technical Recovery
Team criteria account for these
fluctuations.
Comment 7: One commenter
suggested that the BRT selected
unscientific and untested methodologies
to support continued listing of the ESU
in their assessment.
Response: The BRT used the best
available scientific information,
including information submitted by the
commenter. The overall methodology
for conducting the status review was the
same as NMFS has used for many past
salmon status reviews and as such it has
received extensive scientific review.
The BRT also used specific methods and
analyses developed by the Oregon/
Northern California Coast Technical
Recovery Team. The Technical
Recovery Team consisted of a range of
experts from NMFS, ODFW, USDA
Forest Service, tribes and independent
consultants. The tools and methods it
developed reflect that expertise. Both
the Technical Recovery Team and BRT
reports received extensive peer review
that supported the models and analyses.
Comment 8: One commenter stated
‘‘The spawning habitat within the
Umpqua River Basin is comprised of
409 miles in the Lower Umpqua and
Smith River (Lower Umpqua); 433 miles
in the upper main stem Umpqua
including the Elk and Calapooya and
other tributaries (Middle Umpqua); 656
miles in the South Umpqua basin
including 131 miles in Cow Creek
(South Umpqua); and 126 miles in the
North Umpqua (North Umpqua). The
wide distribution of habitat and
spawning populations within the basin
serves as an effective built-in protective
mechanism against any one catastrophic
event resulting in the extinction of the
species.’’
PO 00000
Frm 00037
Fmt 4700
Sfmt 4700
35757
Response: We agree diversity and
spatial structure are important factors to
consider in evaluating extinction risk,
and these factors were explicitly
evaluated by the BRT and discussed in
its report. In addition, the DSS
developed by the Technical Recovery
Team uses this type of information in its
diversity/spatial structure criteria.
Specifically, the DSS watershed-level
criteria account for the occupancy of
both adult spawners and juvenile OC
coho salmon in the basins throughout
the range of this ESU.
Comment 9: One reviewer noted that
it would be useful and informative to
include a master table or appendix in
the BRT report that clearly listed the
metrics and associated data sets that
were incorporated into the DSS and the
criteria to which they were applied.
Response: We agree. The BRT
included this type of information in
Appendix A of its final report (Stout et
al., 2011).
Comment 10: One commenter stated
that viability models for predicting
fisheries’ responses to management or
environmental changes are in relatively
early stages of development and involve
considerable uncertainty.
Response: We agree, and the BRT
stated that there is significant
uncertainty in the long term projections
it considered. This is why the BRT
considered many aspects of OC coho
salmon ecology in assessing status and
used a variety of information
(population viability modeling, the
Technical Recovery Team’s DSS, habitat
assessments, climate assessments,
assessment of other threats) in
conducting its assessment. The BRT also
was careful to characterize the degree of
certainty of its conclusions, and this
was extensively discussed in both its
preliminary and final reports.
Climate Change and Stream
Temperatures
Comment 11: One reviewer provided
suggestions for adding and changing
climate change text, and adding
information from four additional
scientific articles. This reviewer is a
recognized expert on global climate
change and had a number of technical
suggestions regarding the BRT analysis
of effect of climate change on OC coho
salmon and their habitat. His comments
included discussion, suggestion, and
additional references for the following
climate related impacts: (1) Possible
changes in ocean conditions and
subsequent changes in marine
ecosystem function, (2) possible changes
in stream flow and temperature in the
Pacific Northwest, and (3) possible
E:\FR\FM\20JNR1.SGM
20JNR1
mstockstill on DSK4VPTVN1PROD with RULES
35758
Federal Register / Vol. 76, No. 118 / Monday, June 20, 2011 / Rules and Regulations
changes in Cascade Mountain
snowpack.
Response: The BRT reviewed the
suggested articles and revised the
‘‘Effects on Climate Change’’ section of
the final report to reflect this new
information. The reviewer’s comments
allowed the BRT to adjust its analysis to
reflect the most recent research and
latest theories on the potential effects of
climate change on salmon and their
habitat. Although it was able to update
this section of its report, the BRT
conclusions regarding climate change
remained fundamentally unaltered by
the addition of the new information.
Comment 12: One reviewer stated
‘‘The inclusion of the potential impacts
of climate change on coho habitat was
helpful, as was the inclusion of other
factors (e.g., human population growth
and land use conversions) that will be
likely to cause problems for the species.
Given the overwhelmingly strong
scientific evidence for climate change
and the near certainty of population
growth and land conversion along the
Oregon coast—all of which have major
implications for habitat quality—it
would have been imprudent to ignore
these factors. Additionally, it is quite
probable that there will be interactions
among these factors, many unforeseen at
present, which could exacerbate habitat
loss.’’
Response: The BRT carefully
evaluated these threats before reaching
its conclusion. The BRT noted in its
conclusion that ‘‘Finally, the BRT was
also concerned that global climate
change will lead to a long-term
downward trend in both freshwater and
marine coho salmon habitat compared
to current conditions (see Climate
section and Wainwright and Weitkamp,
in review). There was considerable
uncertainty about the magnitude of most
of the specific effects climate change
will have on salmon habitat, but the
BRT was concerned that most changes
associated with climate change are
expected to result in poorer and more
variable habitat conditions for OC coho
salmon than exist currently. Some
members of the BRT noted that changes
in freshwater flow patterns as a result of
climate change may not be as severe in
the Oregon coast as in other parts of the
Pacific Northwest, while others were
concerned by recent observations of
extremely poor marine survival rates for
several West Coast salmon populations.
The distribution of the BRT’s overall
risk scores reflects some of this
uncertainty.’’ The risks posed by climate
change, poor marine conditions, and
further human development in the area
were key factors in reaching our
VerDate Mar<15>2010
16:50 Jun 17, 2011
Jkt 223001
conclusion to retain the threatened
listing for this ESU.
Comment 13: One reviewer stated ‘‘I
work a lot on impacts of temperature on
salmonids and was hoping to see a bit
more than a paragraph on the issue
* * * Perhaps a sentence or two
emphasizing the primacy of temperature
as a component of habitat and threat to
salmon—I believe temperature is the #1
source of water quality impairment in
Oregon.’’
Response: We agree that more
information on the effects of elevated
stream temperatures would improve the
BRT report. Additional information on
elevated stream temperature and its
potential effect on OC coho salmon was
added to the ‘‘Water Quality
Degradation,’’ ‘‘Climate Change,’’
‘‘Water availability,’’ and ‘‘Forest and
Agricultural Conversion’’ sections of the
BRT report.
Comment 14: One commenter stated
‘‘Not only are we concerned that the
current BRT assessment does not reflect
the true viability risk as evidenced by
the quantitative data that is available for
the independent populations, we are
also concerned that the BRT has
adopted a new and untested qualitative
prediction of climatic conditions for the
next 100 years that also has a
significantly high uncertainty of
accuracy. Unfortunately, as with the
other models the BRT did not test these
predictive climatic models utilizing the
long term data sets that were available.
In this case historic climatic records
illustrate the coho evolved under a high
range of climatic fluctuations—
fluctuations which can be expected to
occur in the future as well.’’
Response: The BRT addressed the
risks related to climate change using the
best available scientific information,
including a detailed review of available
published, peer-reviewed literature
relating to recent and future climate
change in the Pacific Northwest and the
likely effects of such change on OC coho
salmon. The BRT is aware of past and
likely future trends and fluctuations in
the local climate, and took those trends
and fluctuations into account in the
analysis. The BRT noted that there is a
great deal of uncertainty surrounding
the effects of future climate on OC coho
salmon ESU, and took that uncertainty
into account as a contributing risk
factor. Much of the BRT’s climate
analysis does rely on predictive climate
models that have been tested against
long-term climate data. The BRT did not
conduct its own assessment of the
accuracy of these models, but rather
relied on a large body of peer-reviewed
scientific literature that has reported
such assessments.
PO 00000
Frm 00038
Fmt 4700
Sfmt 4700
Assessment of Habitat Trends
Comment 15: The ODFW’s comments
contained a number of technical
questions and observations regarding
the BRTs assessment of stream habitat
trends. ODFW commented it was
concerned that the BRT placed too
much emphasis on a Bayesian analysis
of habitat trends that used a small
subset of the available data. It stated that
the use of the ODFW Habitat Limiting
Factors Model may also be
inappropriate, particularly when
applied to the full range of streams
within the ESU. It also noted that the
BRT report did not contain a full
description of the Aquatic and Riparian
Effectiveness Monitoring Program
(AREMP) (Reeves et. al (2004), although
data generated by this program played a
key role in habitat modeling exercise.
Response: Scientists from our
Northwest Fisheries Science Center and
ODFW formed a working group to
resolve these issues. In its comments,
ODFW noted that the BRT’s habitat
analysis used a small subset of the
available data. It also stated that the
BRT’s initial report contained
insufficient explanation of the
methodology used to carry out the
habitat trend analysis. The group held
several meetings to discuss appropriate
analyses, data sets, data transforms, etc.
The BRT’s final report (specifically the
In-Channel Stream Complexity section)
was revised to reflect the progress the
group made in resolving these technical
issues. This issue is discussed in detail
in the New Habitat Trend Analysis
section, below.
Comment 16: One reviewer stated ‘‘I
think the conclusion here about
complexity (rate of continued
disturbance outpacing restoration) is
likely correct, but we don’t know for
sure. Local ‘‘active’’ restoration
activities are likely dwarfed by the
larger human footprint on the
landscape, but passive efforts to restore
landscape condition (e.g., improved
forest harvest practices) will likely take
decades to yield detectable positive
trends. Might be worth clarifying the
issue here because passive restoration is
much more likely to have longer term
and much more widespread benefits in
the future.’’
Response: We generally agree and a
short clarification of this issue is now
included in the BRT report’s ‘‘Stream
Habitat Complexity Summary’’ section.
Managing watersheds in a manner that
allows for natural habitat forming
processes to occur is the first step in
ensuring that OC coho salmon have
suitable freshwater habitat. However,
we also acknowledge that active
E:\FR\FM\20JNR1.SGM
20JNR1
Federal Register / Vol. 76, No. 118 / Monday, June 20, 2011 / Rules and Regulations
mstockstill on DSK4VPTVN1PROD with RULES
restoration is a key part of an overall
strategy to improve stream habitat
across the range of this ESU. Active
restoration is often the fastest way to
address certain reach-level concerns
such as lack of instream woody debris
or lack of riparian vegetation.
Fish Passage
Comment 17: ODFW commented that
fish passage issues facing the OC coho
salmon ESU are complex and may
require additional analysis.
Response: We agree that attempting to
analyze fish passage in streams across
the range of this ESU is a complex task.
ODFW provided several additional
sources of information regarding fish
passage. The BRT updated its report to
reflect this new information. The BRT
also considered a new data set on fish
passage, the Oregon Fish Passage Barrier
Data Set (OFPDS, 2009). Although this
data set represents the most up-to-date
catalog of fish passage blockages
throughout the range of this ESU, it still
does not account for some blockages on
private land and certain types of
blockages including berms and levees
(Stout et al., 2011). Berms and levees are
common in lowland and estuary habitat
that can be important coho salmon
rearing habitat. The BRT concluded that
fish passage blockages are a source of
substantial uncertainty as to the true
effect that fish passage barriers present
to OC coho salmon.
Comment 18: One reviewer noted that
‘‘Conclusions quoted regarding present
impacts of hydropower should be
expanded to consider future
development as well. I know there are
possible plans for hydroelectric dams to
be placed in some coastal rivers, such as
the Siletz River near the former town
site of Valsetz. Also the development of
small hydro may come into play in the
future as the region develops alternative
energy sources. This is becoming an
issue in other parts of western North
America (e.g., British Columbia).’’
Response: We agree that future
hydropower development could affect
OC coho salmon in certain areas. The
BRT made a slight modification to its
report to reflect this. There are,
however, numerous protective measures
in place to assure that future
hydropower projects would be
developed in a manner that reduces
potential effects on this ESU. For
instance, all hydropower projects in the
State of Oregon must have a water right
issued by the Oregon Water Resources
Department. Most significant nonFederal hydropower facilities would
need to be licensed by the Federal
Energy Regulatory Commission. During
these regulatory processes, we expect
VerDate Mar<15>2010
16:50 Jun 17, 2011
Jkt 223001
the addition of conservation measures/
project modifications designed to
reduce the project’s effects on OC coho
salmon and their habitat. Although we
cannot predict, with certainty, what
those specific protective measures might
be, it is reasonable to conclude that
major adverse effects on this ESU would
be avoided. For instance, it is unlikely,
although not completely impossible,
that the construction of hydropower
facilities would be authorized in cases
where a large amount of OC coho
salmon habitat would be blocked.
Currently, it is far more common in the
Pacific Northwest for dams to be
removed to restore fish passage (e.g.,
Marmot Dam, Elwha Dam) than for new
dams to be constructed that would block
fish passage. For these reasons, we do
not expect development of new
hydropower facilities to pose a serious
threat to this ESU.
Comment 19: One reviewer provided
a copy of a recent report (Bass, 2010)
providing information on juvenile coho
salmon movement and migration
through tide gates.
Response: The BRT considered the
information in the report and revised
the content of the final report
accordingly. The BRT noted that at a
minimum, tide gates in the OC coho
salmon ESU act as partial barriers to fish
passage and were, for the most part,
unaccounted for in past analyses. It also
notes that fish passage barriers have not
been identified as a major limiting factor
for OC coho salmon in previous
assessments conducted by ODFW;
however, a great deal of uncertainty
exists about the total number of passage
barriers throughout the range of this
ESU.
Estuaries/Wetland Life History Diversity
Comment 20: ODFW submitted a
number of technical comments
regarding the BRT’s conclusions about
the importance of estuaries to OC coho
salmon. In summary, ODFW felt that the
importance of estuaries to OC coho
salmon is somewhat unknown. They
questioned whether the BRT may have
overstated the degree to which the loss
of estuary habitat is a limiting factor for
this ESU. ODFW noted that the Oregon
Watershed Enhancement Board has
funded a substantial amount of estuary
restoration over the last several years. It
also provided additional information
about the role estuaries may play in the
life cycle of OC coho salmon.
Response: Both the BRT and ODFW
are in agreement that there has been
significant loss of estuary habitat along
the Oregon Coast during the last 100
years. We acknowledge that there is
some scientific disagreement between
PO 00000
Frm 00039
Fmt 4700
Sfmt 4700
35759
ODFW and the BRT regarding the
severity of the effect of estuary loss on
the viability of the OC coho salmon
ESU. However, the loss of estuary
habitat is only one of many factors
affecting the viability of this ESU. In its
risk conclusion, the BRT did not
specifically identify estuary loss as one
of the primary sources of risk to this
ESU. Even if the BRT were to adopt
ODFW’s position on the effect of estuary
loss on the viability of this ESU, it
would be unlikely to change the
outcome of its overall risk assessment.
Comment 21: In contrast to the
previous comment, a reviewer stated
that ‘‘the emphasis given to the
importance of estuarine habitat is
moderate and adequate given the
information available in the literature.’’
The reviewer noted observing juvenile
OC coho salmon rearing in estuaries and
feels that this life history strategy is
fairly common. The reviewer also
provided some specific scientific
information to support this statement.
Response: This viewpoint is
consistent with the BRT’s position on
the importance of estuaries to juvenile
OC coho salmon. The BRT revised its
report’s section on estuaries to include
the information provided by the
reviewer.
Comment 22: One reviewer suggested
that a somewhat broader definition of
‘life history’ in the glossary may be
useful. The reviewer noted that a ‘life
history’ encompasses changes
experienced from birth through death,
including variation in life history traits,
such as the size and age at maturity and
fecundity. The reviewer argued that
traits such as juvenile growth rate and
age at ocean emigration are aspects of
species’ life history.
Response: We agree and the BRT
modified its definition of ‘‘life history’’
as suggested.
Restoration
Comment 23: The ODFW and Oregon
Watershed Enhancement Board
commented that in our proposed rule,
we underestimated the variety and
effectiveness of habitat and watershed
process restoration efforts. ODFW also
stated that we did not consider the
information contained in an
effectiveness monitoring report
demonstrating the results of several
projects designed to increase the
amount of woody debris in stream
reaches.
Response: In the BRT report and
proposed rule, we stated that an
analysis conducted by the BRT showed
that habitat restoration efforts are not
well matched with habitat limiting
factors in some areas including the
E:\FR\FM\20JNR1.SGM
20JNR1
mstockstill on DSK4VPTVN1PROD with RULES
35760
Federal Register / Vol. 76, No. 118 / Monday, June 20, 2011 / Rules and Regulations
Umpqua Basin. The comments
submitted by ODFW contained a
number of technical points regarding
our statements about restoration efforts
matching restoration needs. After
reviewing these comments, we decided
that the BRT habitat restoration analysis
needed further consideration. We
decided not to consider the results of
the BRT’s analysis when we evaluated
efforts being made to protect the OC
coho salmon ESU. Instead, we
acknowledge that a number of
restoration projects are occurring
throughout the range of this ESU, and
we expect that they will have benefits
to ESU viability some time in the future.
However, we do not have information
available that would allow us to predict
or quantify these future improvements
to ESU viability. Similarly, we
acknowledge that the information
submitted by ODFW demonstrates that
restoration efforts can increase the
amount of woody debris in stream
reaches and improve habitat
complexity. We also agree with ODFW
that these improvements are likely to
lead to improved survival of OC coho
salmon juveniles. However, these
improvements will occur primarily at a
stream-reach scale (several hundred to
several thousand meters maximum).
There is currently a lack of scientific
information that would allow us to scale
the positive collective effects of
multiple restoration projects up to the
population, strata, or ESU level. We are
working with ODFW and our other
Federal, State, and tribal co-managers to
develop monitoring programs and
databases that would assist us in
developing these types of analyses in
the future.
Even when this information becomes
available, we have reason to believe that
relying on active restoration to mitigate
for the effects of ongoing land
management that degrades OC coho
salmon habitat is not feasible. The one
recent study that has examined this
issue (Roni et al., 2010) used a new
technique to estimate the amount of
restoration needed within a watershed
to cause a significant increase in
steelhead and coho salmon production.
These authors found that the percentage
of floodplain and in-channel habitat that
would have to be restored in a modeled
watershed to detect a 25 percent
increase in coho salmon and steelhead
smolt production was 20 percent.
Although 20 percent may seem like a
low value, restoring 20 percent of
floodplain and in-channel habitat in any
disturbed watershed in the Pacific
Northwest would be very costly (Roni et
al., 2010). The results of this study
VerDate Mar<15>2010
16:50 Jun 17, 2011
Jkt 223001
highlight the need to protect high
quality habitat while strategically
improving degraded areas with active
restoration.
Comment 24: Another commenter
noted that the BRT’s analysis of match
between habitat restoration efforts and
habitat limiting factors ‘‘* * * has the
potential to provide useful guidance to
local groups performing restoration, but
some logical lapses affect the
conclusions drawn here.’’ The
commenter stated that the level of detail
provided ‘‘* * * is insufficient to fully
evaluate the methods, or to make good
use of the results at the local level.’’
Response: As stated above, we will no
longer be considering the results of the
BRT’s assessment of habitat restoration
in the Umpqua in our evaluation of
protective efforts for this ESU. We do
believe however, that this type of
analysis would be appropriate for
consideration during development of a
recovery plan for this ESU.
Comment 25: One reviewer pointed
out the need for ‘‘* * * a way in which
future effects of restoration (again, on an
ESU-wide basis) could be similarly
quantified * * *’’ The reviewer also
noted the ‘‘* * * pressing need to
determine whether habitat is currently
being lost or damaged faster than it can
be restored or rehabilitated, particularly
because so much money is being spent
on recovering salmon habitat based on
the belief that long-term improvement
can be achieved at very large spatial
scales.’’
Response: We agree with the
reviewer’s statement that there is a need
for a way in which future effects of
restoration could be similarly
quantified. As noted above, we are
working with our co-managers to
develop monitoring programs and data
collection systems that will aide us in
conducting these types of analyses in
the future. In the absence of this
information, we must look at measures
of ESU viability to determine if
restoration efforts are lowering ESU
extinction risk.
Artificial Propagation
Comment 26: One commenter noted
that the BRT report’s section on
artificial propagation and membership
of hatchery programs in the ESU would
benefit from more information.
Response: We agree that the addition
of more information would help to
clarify this section. The BRT revised its
report to include more detail in this
section. We must note however, that
hatchery production has been
significantly curtailed in this ESU and
no longer represents a significant
limiting factor for most populations in
PO 00000
Frm 00040
Fmt 4700
Sfmt 4700
the ESU. There are only three remaining
hatchery programs within the range of
this ESU. Release numbers have been
reduced 10-fold in recent years,
substantially reducing interactions
between hatchery and wild fish.
Beavers
Comment 27: One commenter stated
that the habitat benefits beavers (Castor
canadensis) provide are landscapecontext specific. The commenter noted
that beavers occur within the ESU in a
variety of contexts, from brackish
estuarine marshes, to lakes, to large
mainstem rivers, to smaller tributaries,
and the ways in which they may alter
this type of aquatic habitat varies
considerably. The commenter also
stated that beavers are differentially
vulnerable to trappers. For instance,
beavers tend to be more vulnerable to
trappers in headwater areas as opposed
to large mainstem rivers.
Response: The BRT revised its
report’s section on beavers to reflect the
information provided by the
commenter.
Comment 28: One commenter stated
that the BRT’s report properly reviewed
the legal status of beaver protection in
Oregon, but failed to identify cougar
predation as a cause of observed beaver
declines.
Response: We agree with the
commenter in part. Estimated cougar
populations have increased since the
1970s over the entire State of Oregon
from approximately 214 to over 2,800
individuals by 1992 (Keister and
VanDyke, 2002). However, nothing in
the literature suggests that predation on
beaver is a primary cause for reduction
in beaver population. The majority of
studies identify deer and elk as the
primary food source for cougars
(Ackerman et al., 1984).
Comment 29: One commenter noted
that many riparian areas throughout the
range of the OC coho salmon ESU have
been colonized by invasive Reed
canarygrass (Phalaris arundinacea). The
commenter points out that this plant
can out-compete trees and shrubs that
provide food for beavers. This
colonization may disrupt the natural
cycle of consumption of shrubs and
trees in a given area by beavers followed
by recovery of this vegetation as beavers
leave the area in search of food
elsewhere.
Response: We agree that invasion of
riparian areas by Reed canarygrass may
pose a threat to beaver food supply. In
response to this comment, the BRT
noted that more aggressive management
actions may be needed to deal with
Reed canarygrass as evidenced by recent
work that suggests plantings and natural
E:\FR\FM\20JNR1.SGM
20JNR1
Federal Register / Vol. 76, No. 118 / Monday, June 20, 2011 / Rules and Regulations
mstockstill on DSK4VPTVN1PROD with RULES
vegetation alone cannot control it. The
BRT’s report highlights the importance
of beavers to the formation and
maintenance of habitat for juvenile OC
coho salmon.
Comment 30: One reviewer noted that
based on the information provided in
the BRT report, they could not tell if
cycles or trends in beaver activity are
evident. The reviewer stated that they
thought there was not good evidence for
a trend of any kind.
Response: In response to this
comment, the BRT added the following
statement to the beaver section of their
report: ‘‘Due to the limited dataset we
cannot conclude that there is an overall
trend and would recommend a more
extensive monitoring effort be pursued
to identify short and long-term trends
throughout the Oregon Coast Coho
Salmon ESU.’’
Comment 31: One reviewer noted that
some research (Pollack et al., 2003)
cited in the section on beavers in the
BRT report was conducted in
Washington state and is useful for
comparison purposes but is not directly
relevant to the OC coho salmon ESU.
Response: This observation is correct
in that the study sites for this research
were in Washington. The BRT added a
paragraph to its report’s section on
beavers to address this issue. The BRT
noted that the areas where beaver pond
density is highest typically have the
same physical characteristics regardless
of the ecological region—lower gradient
(less than 2 percent), unconfined valley
bottoms, in smaller watersheds
(drainage areas typically less than 10
square kilometers). Smaller, lowland,
rain-dominated Puget Sound watersheds
have the same basic physical and
hydrological characteristics as the
smaller Oregon coast watersheds, thus
the relationships we see with respect to
beaver pond densities in Puget Sound
should also hold true for the Oregon
coast.
Forest and Agriculture Conversion
Comment 32: One reviewer suggested
that the BRT report would benefit from
a discussion of floodplain development
and storm water issues.
Response: We agree that floodplain
development and storm water
management have the potential to affect
water quality, peak/base stream flow
and several physical habitat parameters
for OC coho salmon. Although these
threats may not have been specifically
discussed in the initial BRT report, we
did note in the proposed rule that
‘‘Urbanization has resulted in loss of
streamside vegetation and added
impervious surfaces, which alter normal
hydraulic processes.’’ We also stated in
VerDate Mar<15>2010
16:50 Jun 17, 2011
Jkt 223001
the proposed rule that ‘‘Stormwater and
agricultural runoff reaching streams is
often contaminated by hydrocarbons,
fertilizers, pesticides, and other
contaminants.’’ Nevertheless, in
response to the reviewer’s suggestion,
the BRT added information on how
these threats affect OC coho salmon
habitat.
Comment 33: One commenter stated
that land use conversion trends may be
more complex than described in the
BRT report. The commenter noted that
several types of land use conversion
beyond those described in the BRT
report, such as agricultural to forest
land, and serious agriculture operation
to hobby farm, are occurring throughout
the range of this ESU. The commenter
also noted that residential development
is occurring along many reaches of
larger rivers in this area, and this may
lead to increased recreational fishing.
Response: We agree that a variety of
land use conversions are occurring
throughout the range of this ESU. The
BRT revised its report to include some
of the land use conversion types
identified in this comment. We also
agree that greater human development,
especially in riparian areas, could lead
to degradation of OC coho salmon
habitat. It becomes difficult to predict
with any certainty, however, how some
of the less common land use
conversions (such as serious agricultural
operation to hobby farm) would affect
coho salmon habitat. The particular
management changes resulting from
these types of land use conversions can
be expected to vary on a case-by-case
basis depending on the desired
outcomes of a particular land owner.
For this reason, it is best to evaluate
general trends in land use conversions
when trying to predict how these
conversions may affect OC coho salmon
habitat. This is consistent with the
approach taken by the BRT.
Comment 34: One reviewer noted that
the BRT report’s section on land use
conversion did not contain significant
information on some of the secondary
effects of residential development–
water quality degradation from septic
drainage, fertilizers and pesticides, and
pharmaceuticals. The reviewer noted
that there is a great deal of uncertainty
about these effects and that a new report
on this topic was expected soon from
the State of Oregon Independent
Multidisciplinary Science Team.
Response: We agree that these
secondary effects from residential
development may pose a threat to the
OC coho salmon ESU. The report of the
Independent Multidisciplinary Science
Team became available shortly after the
publication of the initial BRT report and
PO 00000
Frm 00041
Fmt 4700
Sfmt 4700
35761
proposed rule. The BRT discussed this
report and agreed with the conclusions
of the report, namely that ‘‘The
pressures of urban and rural residential
land use affect aquatic ecosystems and
salmonids through alterations of, and
interactions among, hydrology, physical
habitat structure, water quality, and fish
passage. These alterations occur at local
and, especially, watershed scales, and
thus require study and management at
multiple scales. Urban and rural
residential development causes
profound changes to the pathways,
volume, timing, and chemical
composition of stormwater runoff.
These changes alter stream physical,
chemical, and biological structure and
potential, as well as the connectivity of
streams with their watersheds’’ (IMST,
2010). The BRT updated its report to
reflect this new information.
Comment 35: Several reviewers noted
that climate change, invasion of exotic
organisms, and increasing human
development may lead to drastic
changes in riparian and aquatic
communities throughout the range of
this ESU.
Response: In response to these
comments, the BRT discussed this issue
more fully, and expanded discussions
and literature citations are included in
its revised report in the ‘‘Ecosystem
Impacts of Non-indigenous Species,’’
‘‘Non-indigenous Plant Species,’’ and
‘‘Non-indigenous Fish’’ sections.
Data Used in Risk Assessment
Comment 36: One reviewer noted that
it would be useful for the BRT to
identify key data gaps in their risk
assessment.
Response: The BRT revised its report
to identify some of the key data gaps.
For instance, the BRT noted data gaps
regarding beaver populations, fish
passage, and road density on private
lands.
Comment 37: One commenter
suggested that NMFS use annual
spawner returns to the North Umpqua
River as an indicator of population
status throughout the ESU.
Response: We believe that evaluating
the status of an entire ESU from dam
counts for a single population ignores
differences in populations within the
ESU, such as the diversity found in the
Lakes populations, and in the geology
and hydrology of other systems. It
would essentially restrict our analysis to
a small amount of information while
ignoring the substantial amount of other
information available to us. The
suggested approach does not take into
account that the habitat in the North
Umpqua population is not typical of the
rest of the ESU, nor does it reflect the
E:\FR\FM\20JNR1.SGM
20JNR1
35762
Federal Register / Vol. 76, No. 118 / Monday, June 20, 2011 / Rules and Regulations
diversity of other habitats found in the
ESU. Also, as noted above, the North
Umpqua return data have been
influenced by hatchery production and
thus do not reflect the status of natural
populations and their habitats.
Comment 38: One commenter stated
that the BRT made several key
assumptions about future marine
conditions that are not consistent with
the known variability in ocean
conditions and adopted an overall
pessimistic view about future ocean
conditions. The commenter stated that
the BRT could have used data on this
known variability to assess marine
conditions in both intra-annual and
inter-decadal time frames.
Response: The commenter did not
identify which particular key
assumptions about future marine
conditions were questionable, so it is
difficult to respond to this comment.
However, any assumptions made by the
BRT are consistent with the scientific
literature regarding marine survival of
coho salmon. The BRT agrees that
fluctuations in marine conditions
(including the Pacific Decadal
Oscillation and other factors) strongly
affect survival of OC coho salmon, and
has accounted for such fluctuations in
its analyses.
Comment 39: One commenter stated
that the BRT should have considered
data on climate conditions as evidenced
by patterns of tree ring growth.
Response: The BRT did examine the
historical record and recognized that
there are strong climate driven
fluctuations in abundance and
productivity. These fluctuations are
accounted for in both the Technical
Recovery Team criteria and the BRT risk
assessment.
mstockstill on DSK4VPTVN1PROD with RULES
Recommendations for Management
Comment 40: One reviewer noted the
lack of any recommendations for future
management within the BRT’s report.
The commenter thought inclusion of
these recommendations would be
logical and desirable.
Response: The BRT was tasked with
reviewing the status of the OC coho
salmon ESU. Specifically, the BRT was
asked to assess the level of extinction
risk for this ESU and identify the threats
facing this ESU (letter from Barry Thom,
Acting Regional Administrator, to Usha
Varanasi, Science and Research Director
of the Northwest Fisheries Science
Center, August 13, 2009). Site-specific
management actions designed to help
conserve the OC coho salmon ESU will
be identified in a forthcoming recovery
plan for this species.
VerDate Mar<15>2010
16:50 Jun 17, 2011
Jkt 223001
Predation
Comment 41: One reviewer noted that
the BRT report’s section on predation
was dated. The reviewer recommended
some reports for the BRT to consider.
Response: The BRT updated its
discussion of predation with new
(Johnson et al., 2010) as well as older
relevant literature (Schreck et al., 2002;
Clements and Schreck, 2003), as well as
a recent population assessment of
double crested cormorants within the
ESU and other sources of information.
The BRT concluded that the significant
increases in avian predation on
salmonids appears to be restricted to the
Columbia River System and does not
affect the OC coho salmon ESU. The
Columbia River salmon ESUs suffer the
greatest impact because the birds
(Caspian terns and double-crested
cormorants) have established large
nesting colonies in close vicinity to the
mainstem Columbia River.
Determination of Species Under the
ESA
We are responsible for determining
whether species, subspecies, or distinct
population segments (DPSs) of Pacific
salmon and steelhead are threatened or
endangered under the ESA. To identify
the proper taxonomic unit for
consideration in a listing determination
for salmon, we use our Policy on
Applying the Definition of Species
under the ESA to Pacific Salmon (ESU
Policy) (56 FR 58612). Under this
policy, populations of salmon
substantially reproductively isolated
from other conspecific populations and
representing an important component in
the evolutionary legacy of the biological
species are considered to be an ESU. In
our listing determinations for Pacific
salmon under the ESA, we have treated
an ESU as constituting a DPS, and hence
a ‘‘species,’’ under the ESA.
The OC coho salmon ESU was
identified as one of six West Coast coho
salmon ESUs in a coast-wide coho
status review published by NMFS in
1995 (Weitkamp et al., 1995). Weitkamp
et al. (1995) considered a variety of
factors in delineating ESU boundaries,
including environmental and
biogeographic features of the freshwater
and marine habitats occupied by coho
salmon, patterns of life-history variation
and patterns of genetic variation, and
differences in marine distribution
among populations based on tag
recoveries. Regarding the OC coho
salmon ESU, Weitkamp et al. (1995)
concluded that Cape Blanco to the south
and the Columbia River to the north
constituted significant biogeographic
and environmental transition zones that
PO 00000
Frm 00042
Fmt 4700
Sfmt 4700
likely contributed to both reproductive
isolation and evolutionary
distinctiveness for coho salmon
inhabiting opposite sides of these
features. These findings were reinforced
by discontinuities in the ocean tag
recoveries at these same locations. The
available genetic data also indicated that
OC coho salmon north of Cape Blanco
formed a discrete, although quite
variable, group compared to samples
from south of Cape Blanco or the
Columbia River and northward.
The BRT evaluated new information
related to ESU boundaries, and found
evidence that no ESU boundary changes
are necessary (Stout et al., 2011). The
basis for its conclusion is that the
environmental and biogeographical
information considered during the first
coast-wide BRT review of coho salmon
(Weitkamp et al., 1995) remains
unchanged, and new tagging and genetic
analysis published subsequent to the
original ESU boundary designation
continues to support the current ESU
boundaries. The BRT also evaluated
ESU membership of fish from hatchery
programs since the last BRT review
(Good et al., 2005). In doing so, it
applied our Policy on the Consideration
of Hatchery-Origin Fish in ESA Listing
Determinations (70 FR 37204; June 28,
2005). The BRT noted that many
hatchery programs within this ESU have
been discontinued since the first review
of coast-wide status of coho salmon
(Weitkamp et al., 1995). They identified
only three programs—the North Fork
Nehalem, Trask (Tillamook basin) and
Cow Creek (South Umpqua)—that
produce coho salmon within the
boundaries of this ESU.
The North Fork Nehalem coho stocks
are managed as an isolated harvest
program. Natural-origin fish have not
been intentionally incorporated into the
brood stock since 1986, and only
adipose fin clipped brood stock have
been taken since the late 1990s. Because
of this, the stock is considered to have
substantial divergence from the native
natural population and is not included
in the OC coho salmon ESU. The Trask
(Tillamook population) coho salmon
stock is also managed as an isolated
harvest program. Natural-origin fish
have not been incorporated into the
brood stock since 1996 when all returns
were mass marked. Therefore, this stock
is considered to have substantial
divergence from the native natural
population and, based on our Policy on
the Consideration of Hatchery-Origin
Fish in ESA Listing Determinations, is
not included in the OC coho salmon
ESU. The Cow Creek stock (South
Umpqua population) is managed as an
integrated program and is included as
E:\FR\FM\20JNR1.SGM
20JNR1
Federal Register / Vol. 76, No. 118 / Monday, June 20, 2011 / Rules and Regulations
mstockstill on DSK4VPTVN1PROD with RULES
part of the ESU because the original
brood stock was founded from the local
natural origin population and naturalorigin coho salmon have been
incorporated into the brood stock on a
regular basis. This brood stock was
founded in 1987 from natural-origin
coho salmon returns to the base of
Galesville Dam on Cow Creek, a
tributary to the South Umpqua River.
Subsequently, brood stock has
continued to be collected from returns
to the dam, with natural-origin coho
salmon comprising 25 percent to 100
percent of the brood stock nearly every
year since returning fish have been
externally tagged. The Cow Creek stock
is probably no more than moderately
diverged from the local natural-origin
coho salmon population in the South
Umpqua River because of these brood
stock practices and is therefore
considered a part of this ESU.
Updated BRT Extinction Risk
Assessment
The BRT conducted an extinction risk
assessment for the OC coho salmon ESU
considering available information on
trends in abundance and productivity,
genetic diversity, population spatial
structure, and diversity. It also
considered marine survival rates, trends
in freshwater habitat complexity, and a
variety of threats to this ESU, such as
possible effects from global climate
change. We received a substantial
amount of information during the public
comment period regarding the BRT risk
assessment. One peer reviewer of the
BRT report also had numerous
comments on the risk assessment. After
considering this information, the BRT
decided to revise its risk assessment,
and conduct its risk voting again,
considering this new information.
The BRT noted that spawning
escapements in some recent years have
been the highest in the past 60 years.
This is attributable to a combination of
management actions and environmental
conditions. In particular, harvest has
been strongly curtailed since 1994,
allowing more fish to return to the
spawning grounds. Hatchery production
has been reduced to a small fraction of
the natural-origin production. Nickelson
(2003) found that reduced hatchery
production led directly to higher
survival of naturally produced fish, and
Buhle et al. (2009) found that the
reduction in hatchery releases of OC
coho salmon in the mid-1990s resulted
in increased natural coho salmon
abundance. Ocean survival, as measured
by smolt to adult survival of Oregon
Production Index area hatchery fish,
generally started improving for fish
returning in 1999 (Stout et al., 2011). In
VerDate Mar<15>2010
16:50 Jun 17, 2011
Jkt 223001
combination, these factors have resulted
in the highest spawning escapements
since 1950, although total abundance
before harvest peaked at the low end of
what was observed in the 1970s (Stout
et al., 2011).
The BRT applied the DSS of the
Technical Recovery Team (Wainwright
et al., 2008) to help assess viability and
risk level for this ESU. Our proposed
rule discusses the DSS in detail. The
BRT updated the DSS with data through
2009. In the process of compiling data
for the four years since the Technical
Recovery Team analysis, the BRT
discovered and reconciled several
inconsistencies related to the data that
are inputs into the DSS. For this reason
the DSS results reported by the BRT are
not directly comparable to the results
presented in the Technical Recovery
Team’s report (Wainwright et al., 2008).
The DSS results from the Technical
Recovery Team’s report are presented in
the BRT report for historical comparison
but were not used by the BRT in its
deliberations. Data used in the updated
DSS analysis were provided by ODFW.
The DSS result for ESU persistence
was 0.34. A value of 1.0 would indicate
complete confidence that the ESU will
persist for the next 100 years, a value of
¥1.0 would indicate complete certainty
of failure to persist, and a value of 0
would indicate no certainty of either
persistence or extinction. The BRT
therefore interpreted a value of 0.34 to
indicate a moderate certainty of ESU
persistence over the next 100 years,
assuming no future trends in factors
affecting the ESU. The DSS result for
ESU sustainability was 0.24, indicating
a low-to-moderate certainty that the
ESU is sustainable for the foreseeable
future, similarly assuming no future
trends in factors affecting the ESU. The
overall ESU persistence and
sustainability scores summarize a great
deal of variability in population and
stratum level information on
sustainability.
New Habitat Trend Analysis
In our proposed rule, we summarized
the BRT’s analyses of habitat complexity
across the freshwater habitat of this
ESU. We received a number of
comments from ODFW regarding this
analysis. Scientists from our Northwest
Fisheries Science Center and ODFW
formed a working group to resolve the
technical issues identified in the ODFW
comments. A brief background on this
issue is provided below.
Over the past decade (1998 to
present), the ODFW has monitored
wadeable streams (streams that would
be shallow enough to wade across
during survey efforts) to assess
PO 00000
Frm 00043
Fmt 4700
Sfmt 4700
35763
freshwater rearing habitat for the OC
coho salmon ESU during the summer
low flow period (Anlauf et al., 2009).
The goal of this program is to measure
the status and trend of habitat
conditions throughout the range of the
ESU. The following variables related to
the quality and quantity of aquatic
habitat for coho salmon were monitored:
Stream morphology, substrate
composition, instream roughness,
riparian structure, and winter rearing
capacity (Moore, 2008). In 2009,
scientists from ODFW and scientists
from the BRT independently analyzed
these data to answer the question ‘‘Has
juvenile coho habitat changed during
ODFW’s monitoring program over the
past 11 years?’’ These analyses reached
different conclusions, and the
discrepancies between the results
prompted the formation of the
interagency working group.
The working group found that the
most important discrepancy between
the BRT analysis and the ODFW
analysis (Anlauf et al., 2009) was that
different subsets of the ODFW habitat
monitoring data were used. The ODFW
analysis focused only on sites
designated as coho salmon spawning or
rearing habitat (1st through 3rd order
wadeable streams and below fish
passage barriers; Anlauf et al., 2009). In
contrast, the BRT’s analysis had
included sites both within and outside
of the area recognized as spawning and
rearing habitat for coho salmon. Both
approaches are biologically reasonable,
but the working group agreed that a
common dataset should be used in the
joint analysis and that initially only
spawning or rearing sites within the OC
coho salmon ESU be included for the
working group report. Subsequently, the
BRT also analyzed the upstream areas in
a separate analysis, because these areas
also affect water quality and habitat
(e.g., large wood) in downstream areas
where coho spawning and rearing occur.
The working group also explored
whether differences in the two group’s
modeling approaches led to significant
differences in the results, and
concluded that when the same data
were used, any differences in modeling
approach led to at most minor
differences in results. These issues are
discussed in detail in the BRT report.
In the BRT’s original habitat trend
analysis, three measures of habitat
complexity were assessed: Winter parr
capacity, summer parr capacity, and
channel score (AREMP). In addition to
winter parr capacity, ODFW also
examined trends in large woody debris,
and fine organic sediment (Anlauf et al.,
2009). The working group agreed that
the three measures of complexity would
E:\FR\FM\20JNR1.SGM
20JNR1
35764
Federal Register / Vol. 76, No. 118 / Monday, June 20, 2011 / Rules and Regulations
mstockstill on DSK4VPTVN1PROD with RULES
be re-analyzed, in addition to the
volume of large woody debris, and fine
organic sediment in riffles.
Trend estimates were mixed and vary
both among metrics and regions. Habitat
complexity and summer parr capacity
were decreasing in the Umpqua but
increasing in the other regions. Winter
parr capacity trended flat in the North
Coast and Mid-Coast, but declined in
the Mid-South and Umpqua. For the
percent of fine sediment in riffles, there
appear to be declines in the North and
Mid-Coast, a positive trend in the MidSouth, and little change in the Umpqua.
Large wood volume appears to have
declined in the North Coast and
Umpqua, and increased in the MidCoast and Mid-South regions.
In contrast to the coho rearing areas,
trends in upstream areas were more
pronounced. In particular, large woody
debris declined substantially in all
regions. Trends in sediment were
mixed, with increases in the Mid-Coast
and Mid-South, and declines in the
North Coast and Umpqua
The BRT was impressed with the
ODFW habitat monitoring program and
believes it is an invaluable source of
information on freshwater habitat trends
on the Oregon coast. The results from
the working group were encouraging in
that they resolved some clear
discrepancies between earlier analyses.
The BRT concluded that the results
paint a complex picture of habitat
trends along the Oregon coast. Some
trends, such as the increase in habitat
complexity and summer parr capacity in
3 of the 4 regions were clearly
encouraging. Other trends, such as the
declines in large woody debris in the
North Coast and Umpqua regions and in
upstream areas in all regions appear
more troubling. The North Coast trend
in large woody debris may be a result
of large debris dams that formed during
the 1996 floods and have been actively
redistributed over the past several years,
reducing overall large woody debris
densities. While the North Coast
experienced a large decline, it also had
the largest amount of large woody debris
relative to the other regions. The
declining trends in winter parr capacity
(believed to be a limiting life-stage for
coho production) in two regions also
concerned the BRT.
BRT Extinction Risk Conclusions
To reach its final extinction risk
conclusions, the BRT used a ‘‘risk
matrix’’ as a method to organize and
summarize the professional judgment of
a panel of knowledgeable scientists with
regard to extinction risk of the species.
This approach is described in detail by
Wainwright and Kope (1999) and has
VerDate Mar<15>2010
16:50 Jun 17, 2011
Jkt 223001
been used for over 10 years in our
Pacific salmonid and other marine
species status reviews. In this risk
matrix approach, the collective
condition of individual populations is
summarized at the ESU level according
to four demographic risk criteria:
Abundance, growth rate/productivity,
spatial structure/connectivity, and
diversity. These viability criteria,
outlined in McElhany et al. (2000),
reflect concepts that are well founded in
conservation biology and are generally
applicable to a wide variety of species.
These criteria describe demographic
risks that individually and collectively
provide strong indicators of extinction
risk. The summary of demographic risks
and other pertinent information
obtained by this approach was then
considered by the BRT in determining
the species’ overall level of extinction
risk. This analysis process is described
in detail in the BRT’s report (Stout et al.,
2011). The scoring for the risk criteria
correspond to the following values: 1—
very low risk, 2—low risk, 3—moderate
risk, 4—high risk, 5—very high risk.
After reviewing all relevant biological
information for the species, each BRT
member assigned a risk score to each of
the four demographic criteria. The
scores were tallied (means, modes, and
range of scores), reviewed, and the range
of perspectives discussed by the BRT
before making their overall risk
determination. To allow individuals to
express uncertainty in determining the
overall level of extinction risk facing the
species, the BRT adopted the
‘‘likelihood point’’ method, often
referred to as the ‘‘FEMAT’’ method
because it is a variation of a method
used by scientific teams evaluating
options under the Northwest Forest Plan
(FEMAT 1993). In this approach, each
BRT member distributes ten likelihood
points among the three species’
extinction risk categories, reflecting
their opinion of how likely that category
correctly reflects the true species status.
This method has been used in all status
reviews for anadromous Pacific
salmonids since 1999, as well as in
reviews of Puget Sound rockfishes
(Stout et al., 2001b), Pacific herring
(Stout et al., 2001a; Gustafson et al.,
2006), Pacific hake, walleye pollock,
Pacific cod (Gustafson et al., 2000), and
black abalone (Butler et al., 2008).
In its May 2010 preliminary report,
the BRT conducted both the risk
assessment matrix analysis and the
overall extinction risk assessment under
two different sets of assumptions. First,
the BRT evaluated extinction risk based
on the demographic risk criteria
(abundance, growth rate, spatial
structure and diversity) recently
PO 00000
Frm 00044
Fmt 4700
Sfmt 4700
exhibited by the ESU, assuming that the
threats influencing ESU status would
continue unchanged into the future.
This case in effect assumed that all of
the threats evaluated in the previous
section of the report were already fully
manifest in the current ESU status and
would in aggregate neither worsen nor
improve in the future. Also, in the 2010
preliminary report, the BRT evaluated
extinction risk based on the
demographic risk criteria currently
exhibited by the ESU, taking into
account consideration of predicted
changes to threats that the BRT
evaluated to be not yet manifest in the
current demographic status of the ESU.
In effect, this scenario asked the BRT to
evaluate whether threats to the ESU
would lessen, worsen, or remain
constant compared to current
conditions.
In the time since the completion of
the last risk assessment in 2010, the
BRT considered additional information
on the potential magnitude and
trajectory of threats including climate
change, changes in ocean conditions,
and trends in freshwater habitat. The
BRT also further refined the time
horizon used to evaluate whether the
OC coho salmon ESU was at moderate
risk of extinction. The BRT selected a 30
to 80 year time frame, noting that
beyond this time horizon, the projected
effects on OC coho salmon viability
from climate change, ocean conditions,
and trends in freshwater habitat become
very difficult to predict with any
certainty. Considering this new
information, the BRT felt it unnecessary
and potentially confusing to conduct the
risk assessment under multiple sets of
assumptions. For the final risk
assessment, therefore, each BRT
member evaluated all the available
information on both current
demographic status and future threats to
come to a single overall conclusion on
the degree of extinction risk.
The mean risk matrix scores for each
demographic risk factor fell between the
low risk (2) and moderate risk (3)
categories (abundance mean score=
2.21, productivity mean score=2.63,
spatial structure mean score=2.33 and
diversity mean score=2.67) indicating
that the BRT as a whole did not
consider any of the demographic risk
factors as likely to contribute
substantially to a high risk of short-term
extinction when considered on its own.
The overall assessment of extinction
risk of the OC coho salmon ESU
indicated considerable uncertainty
about its status, with most likelihood
points split between ‘‘moderate risk’’
and ‘‘not at risk,’’ and a small minority
of points indicating ‘‘high risk.’’ The
E:\FR\FM\20JNR1.SGM
20JNR1
mstockstill on DSK4VPTVN1PROD with RULES
Federal Register / Vol. 76, No. 118 / Monday, June 20, 2011 / Rules and Regulations
BRT members placed 6 percent of the
likelihood points in the high risk
category, 47 percent of the likelihood
points in the moderate risk category and
47 percent of the points in the low risk
category.
The large range in the demographic
risk scores and the lack of a strong mode
in the overall assessment of risk were
indicative of considerable uncertainty
among BRT members about the current
level of risk facing the ESU. This
uncertainty was largely due to the
difficulty in balancing the clear
improvements in some aspects of the
ESU’s status over the last 15 years
against persistent threats driving the
longer term status of the ESU, which
probably have not changed over the
same time frame and are predicted to
degrade in the future. In addition, the
BRT noted that accurately predicting the
long-term trend of a complex system is
inherently difficult, and this also led to
uncertainty in the overall risk
assessment.
The BRT concluded that some aspects
of the ESU’s status have clearly
improved since the initial status review
in the mid-1990s (Weitkamp et al.,
1995). In particular, the BRT assigned a
relatively low mean risk score to the
abundance factor, noting that spawning
escapements were higher in some recent
years than they had been since 1970.
Recent total returns (pre-harvest
recruits) were also substantially higher
than the low extremes of the 1990s, but
still mostly below levels of the 1960s
and 1970s. The BRT attributed the
increased spawner escapements largely
to a combination of greatly reduced
harvest rates, reduced hatchery
production, and improved ocean
conditions. Even with the recent
increases, however, pre-harvest
abundance remains at approximately 10
percent of estimated historical
abundance (approximately 150,000
current compared to peak abundance of
approximately 1.5 million fish
historical).
The BRT also noted that compared to
the mid-1990s, the ESU contained
relatively abundant wild populations
throughout its range, leading to a
relatively low risk associated with
spatial structure. The BRT also
discussed the observation that the
recent natural origin spawning
abundance of the OC coho salmon ESU
was higher than that observed for other
listed salmon ESUs, although some
members noted that the 15-fold
variability in abundance since the mid1990s brings into question how heavily
to weigh abundance as an indicator of
status. Finally, the BRT noted that
hundreds of individual habitat
VerDate Mar<15>2010
16:50 Jun 17, 2011
Jkt 223001
improvement projects over the last 15
years had likely benefited the ESU,
although quantifying these benefits is
difficult.
The BRT also discussed some ongoing
positive changes that are likely to
become manifest in abundance trends
for the ESU in the future. In particular,
hatchery production continues to be
reduced with the cessation of releases in
the North Umpqua River and Salmon
River populations, and the BRT expects
that the near-term ecological benefits
from these reductions will result in
improved natural production for these
populations in the future. In addition,
the BRT expected that reductions in
hatchery releases that have occurred
over the past decade may continue to
produce increasingly positive effects on
the survival of the ESU in the future,
due to the time it may take for past
genetic impacts to become attenuated.
Despite these positive factors, the BRT
also had considerable concerns about
the long-term viability of the ESU. The
BRT continued to be concerned that
there had been a long-term decline in
the productivity of the ESU from the
1930s through the 1990s. Despite some
improvements in productivity in the
early 2000s, the BRT was concerned that
the overall productivity of the ESU
remains low compared to what was
observed as recently as the 1960s and
1970s. The BRT was also concerned that
the majority of the improvement in
productivity in the early 2000s was
likely due to improved ocean
conditions, with a relatively smaller
component due to reduced hatchery
production (Buhle et al., 2009).
The BRT noted that the legacy of past
forest management practices combined
with lowland agriculture and urban
development has resulted in a situation
in which the areas of highest habitat
capacity (intrinsic potential) are now
severely degraded. The BRT also noted
that the combined ODFW/NMFS
analysis of freshwater habitat trends for
the Oregon coast found little evidence
for an overall improving trend in
freshwater habitat conditions since the
mid-1990s, and evidence of negative
trends in some strata. The BRT was also
concerned that recent changes in the
protection status of beaver, which
through their dam building activities
create coho salmon habitat, could result
in further negative trends in habitat
quality. The BRT was therefore
concerned that when ocean conditions
cycle back to a period of poor survival
for coho salmon, the ESU may rapidly
decline to the low abundance seen in
the mid-1990s. Some members of the
BRT observed that the reduction in risks
from hatchery and harvest are expected
PO 00000
Frm 00045
Fmt 4700
Sfmt 4700
35765
to help buffer the ESU when marine
survival returns to a lower level, likely
resulting in improved status compared
to the situation in the mid-1990s. Others
noted that potential declines in beaver,
observed negative trends in some
habitat features, and the potential for
more severe declines in marine
productivity could result in even lower
abundance levels than during the last
period of poor ocean conditions. On
balance, the BRT was, as a whole,
uncertain about whether the long-term
downward trajectory of the ESU’s status
has been arrested and uncertain about
the ESU’s ability to survive another
prolonged period of low ocean
survivals.
Finally, the BRT was also concerned
that global climate change will lead to
a long-term downward trend in both
freshwater and marine coho salmon
habitat compared to current conditions.
There was considerable uncertainty
about the magnitude of most of the
specific effects climate change will have
on salmon habitat, but the BRT was
concerned that most changes associated
with climate change are expected to
result in poorer and more variable
habitat conditions for OC coho salmon
than exist currently. Some members of
the BRT noted that changes in
freshwater flow patterns as a result of
climate change may not be as severe in
the Oregon coast as in other parts of the
Pacific Northwest, while others were
concerned by recent observations of
extremely poor marine survival rates for
several West Coast salmon populations.
The distribution of overall risk scores
reflects some of this uncertainty.
The BRT concluded that, when future
conditions are taken into account, the
OC coho salmon ESU as a whole is at
moderate risk of extinction. The BRT
therefore did not explicitly address
whether the ESU was at risk in only a
significant portion of its range.
Summary of Factors Affecting the OC
Coho Salmon ESU
The Present or Threatened Destruction,
Modification, or Curtailment of Its
Habitat or Range
Our previous Federal Register
Notices, proposed rule, previous BRT
reports (Weitkamp et al, 1995; Good et
al. 2005), as well as numerous other
reports and assessments (ODFW, 1995;
State of Oregon, 2005; State of Oregon
2007), have reviewed in detail the
effects of historical and ongoing land
management practices that have altered
OC coho salmon habitat. The BRT
reviewed the factors that have led to the
current degraded condition of OC coho
salmon habitat. We briefly summarize
E:\FR\FM\20JNR1.SGM
20JNR1
35766
Federal Register / Vol. 76, No. 118 / Monday, June 20, 2011 / Rules and Regulations
mstockstill on DSK4VPTVN1PROD with RULES
this information here and direct readers
to the comprehensive analysis of factors
affecting OC coho salmon habitat in the
BRT report (Stout et al., 2011) for more
detail.
Historical and ongoing timber harvest
and road building have reduced stream
shade, increased fine sediment levels,
reduced levels of instream large wood,
and altered watershed hydrology.
Historical splash damming removed
stream roughness elements such as
boulders and large wood and in some
cases scoured streams to bedrock. Fish
passage has been blocked in many
streams by improperly designed
culverts. Fish passage has been
restricted in most estuary areas by tide
gates.
Urbanization has resulted in loss of
streamside vegetation and added
impervious surfaces, which alter normal
hydraulic processes. Agricultural
activities have removed stream-side
vegetation. Building of dikes and levees
has disconnected streams from their
floodplains and resulted in loss of
natural stream sinuosity. Stormwater
and agricultural runoff reaching streams
is often contaminated by hydrocarbons,
fertilizers, pesticides, and other
contaminants. In the Umpqua River
basin, diversion of water for agriculture
reduces base stream flow and may result
in higher summer stream temperatures.
Conversion of forest and agricultural
land to urban and suburban
development is likely to result in an
increase in these effects in the future
(Burnett et al., 2007). Loss of beavers
from areas inhabited by the OC coho
salmon has led to reduced stream
habitat complexity and loss of
freshwater wetlands. The BRT reports
that the amount of tidal wetland habitat
available to support coho salmon
rearing has declined substantially
relative to historical estimates across all
of the biogeographic strata (Stout et al.,
2011). Instream and off-channel gravel
mining has removed natural stream
substrates and altered floodplain
function.
Overutilization for Commercial,
Recreational, Scientific, or Educational
Purposes
Historical harvest rates of OC coho
salmon ranged from 60 percent to 90
percent from the 1960s into the 1980s
(Stout et al., 2011). Modest harvest
reductions were achieved in the late
1980s. By 1994, most directed coho
salmon harvest was prohibited (Stout et
al., 2011). The Pacific Fishery
Management Council adopted
Amendment 13 to its Salmon Fishery
Management Plan in 1998. This
amendment was part of the Oregon Plan
VerDate Mar<15>2010
16:50 Jun 17, 2011
Jkt 223001
for Salmon and Watersheds and was
designed to reduce harvest of OC coho
salmon. Current harvest rates are based
on predicted marine survival and range
from 0.8 percent to 45 percent.
Allowable harvest rates have not
exceeded 20 percent (with actual
harvest rates being considerably lower)
in the past 10 years (PFMC, 2010).
A few small freshwater fisheries on
OC coho salmon have been allowed in
recent years based on the provision in
Amendment 13 that terminal fisheries
can be allowed on strong populations as
long as the overall exploitation rate for
the ESU does not exceed the
Amendment 13 allowable rate, and that
escapement is not reduced below full
seeding of the best available habitat. We
have approved these fisheries with the
condition that the methodologies used
by the ODFW to predict population
abundances and estimate full seeding
levels are presented to the Pacific
Fishery Management Council for review
and approval.
While historical harvest management
may have contributed to OC coho
declines, the BRT concluded that the
decreases in harvest mortalities
described above have reduced this
threat to the ESU and that further
harvest reductions would not further
reduce the risk to ESU persistence.
Disease or Predation
The ODFW (2005), in its assessment
of OC coho salmon, asserted that disease
and parasitism is not an important
consideration in the recovery of this
ESU. However, as many of the streams
coho salmon juveniles inhabit are
already close to lethal temperatures
during the summer months, and with
the expectation of rising stream
temperatures due to global climate
change, increases in infection rates of
juvenile coho by parasites may become
an increasingly important stressor both
for freshwater and marine survival
(Stout et al., 2011) and may become
important risks for juvenile fish in the
early ocean-entry stage of the lifecycle.
The BRT identified several bird
species and marine mammals that prey
on OC coho salmon, but concluded that
avian and mammalian predation may
not have been a significant factor for
decline when compared with other
factors, but more recent work shows that
it may be important to recovery actions
in certain populations and specific
situations within the OC Coho Salmon
ESU.
The BRT was more concerned about
predation on OC coho salmon from
introduced warm-water fishes such as
smallmouth bass (Micropterus
dolomieu) and largemouth bass
PO 00000
Frm 00046
Fmt 4700
Sfmt 4700
(Micropterus salmoides). These
predatory fish are especially abundant
in the streams and lakes of the Lakes
and the lower Umpqua River. The BRT
concluded that predation and
competition from exotic fishes,
particularly in light of the warming
water temperatures from global climate
change, could seriously affect the lake
and slow-water rearing life history of
OC coho salmon by increasing
predation.
The Inadequacy of Existing Regulatory
Mechanisms
Existing regulations governing coho
salmon harvest have dramatically
improved the ESU’s likelihood of
persistence. These regulations are
unlikely to be weakened in the future.
Many hatchery practices that were
detrimental to the long-term viability of
this ESU have been discontinued. As
the BRT notes in its report, some of the
benefits of these management changes
are being realized as improvements in
ESU abundance. However, trends in
freshwater habitat complexity
throughout many areas of this ESU’s
range remain discernibly unchanged
(Stout et al., 2011). We remain
concerned that regulation of some
habitat altering actions is insufficient to
provide habitat conditions that support
a viable ESU. In the Efforts Being Made
to Protect the Species section of this
Notice, we present our analysis of the
current efforts to protect OC coho
salmon freshwater and estuarine habitat
Other Natural or Manmade Factors
Affecting its Continued Existence
Ocean conditions in the Pacific
Northwest exhibit patterns of recurring,
decadal-scale variability (including the
Pacific Decadal Oscillation and the El
˜
Nino Southern Oscillation), and
correlations exist between these oceanic
changes and salmon abundance in the
Pacific Northwest (Stout et al., 2011). It
is also generally accepted that for at
least 2 decades, beginning about 1977,
marine productivity conditions were
unfavorable for the majority of salmon
and steelhead populations in the Pacific
Northwest, but this pattern broke in
1998, after which marine productivity
has been quite variable (Stout et al.,
2011). In considering these shifts in
ocean conditions, the BRT was
concerned about how prolonged periods
of poor marine survival caused by
unfavorable ocean conditions may affect
the population viability parameters of
abundance, productivity, spatial
structure, and diversity. OC coho
salmon have persisted through many
favorable-unfavorable ocean/climate
cycles in the past. However, in the past
E:\FR\FM\20JNR1.SGM
20JNR1
mstockstill on DSK4VPTVN1PROD with RULES
Federal Register / Vol. 76, No. 118 / Monday, June 20, 2011 / Rules and Regulations
much of their freshwater habitat was in
good condition, buffering the effects of
ocean/climate variability on population
abundance and productivity. It is
uncertain how these populations will
fare in periods of poor ocean survival
when their freshwater, estuary, and
nearshore marine habitats are degraded
(Stout et al., 2011).
The potential effects of global climate
change are also a concern for this
species. The BRT noted that there is
considerable uncertainty regarding the
effects of climate change on OC coho
salmon and their freshwater, marine,
and estuarine habitat. The final BRT
report (Stout et al., 2011) relied on an
analysis of climate effects on OC coho
salmon developed by two of its
members (Wainwright and Weitkamp,
in review).
Recent climate change has had
widespread ecological effects across the
globe, including changes in phenology;
changes in trophic interactions; range
shifts (both in latitude and elevation
and depth); extinctions; and genetic
adaptations (Parmesan, 2006). These
types of changes have observed in
salmon populations (ISAB 2007; Crozier
et al., 2008a, and Mantua et al., 2009).
Although these changes have
undoubtedly influenced the observed
VSP attributes for OC coho salmon ESU,
the BRT could not partition past climate
effects from other factors influencing the
status of the ESU. Continuing climate
change poses a threat to aquatic
ecosystems (Poff et al., 2002) and more
locally to Pacific salmon (Mote et al.,
2003). The coho salmon life cycle
extends across three main habitat types:
Freshwater rivers and lakes, estuaries,
and marine environments. In addition,
terrestrial forest habitats are also
essential to coho salmon because they
determine the quality of freshwater
habitats by influencing the types of
sediments in spawning habitats and the
abundance and structure of pools in
juvenile rearing habitats (Cedarholm
and Reid, 1987). The BRT considered
these four habitats, how physical
climate change is expected to affect
those habitats over the next 50 years,
and how salmon may respond to those
effects during specific life-history stages
(Stout et al., 2011; Wainwright and
Weitkamp, in review). Climate
conditions have effects on each of these
habitats, thus affecting different
portions of the life cycle through
different pathways, leading to a very
complex set of potential effects. The
BRT recognized that, while we have
quantitative estimates of likely trends
for some of the physical climate
changes, we do not have sufficient
understanding of the biological response
VerDate Mar<15>2010
16:50 Jun 17, 2011
Jkt 223001
35767
to these changes to reliably quantify the
effects on salmon populations and
extinction risk. For this reason, their
analysis was qualitative, summarizing
likely trends in climate, identifying the
pathways by which those trends are
likely to affect salmon, and assessing the
likely direction and rough magnitude of
coho salmon population response.
Throughout the life cycle of OC coho
salmon, there are a numerous potential
effects of climate change (Stout et al.,
2011; Wainwright and Weitkamp, in
review). The main predicted effects in
terrestrial and freshwater habitats
include warmer, drier summers,
reduced snowpack, lower summer
flows, higher summer stream
temperatures, and increased winter
floods, which would affect coho salmon
by reducing available summer rearing
habitat, increasing potential scour and
egg loss in spawning habitat, increasing
thermal stress, and increasing predation
risk. In estuarine habitats, the main
physical effects are predicted to be
rising sea level and increasing water
temperatures, which would lead to a
reduction in intertidal wetland habitats,
increasing thermal stress, increasing
predation risk, and unpredictable
changes in biological community
composition. In marine habitats, there
are a number of physical changes that
would likey affect coho salmon,
including higher water temperature,
intensified upwelling, delayed spring
transition, intensified stratification, and
increasing acidity in coastal waters. Of
these, only intensified upwelling would
be expected to benefit coastal-rearing
salmon; all the other effects would
likely be negative.
Despite the uncertainties involved in
predicting the effects of global climate
change on the OC coho salmon ESU, the
available information indicates that
most impacts are likely to be negative.
While individual effects at a particular
life-history stage may be small, the
cumulative effect of many small effects
multiplied across life-history stages and
across generations can result in large
changes in salmon population dynamics
(Stout et al., 2011). In its conclusion on
the likely effects of climate change, the
BRT expressed both positive and
negative possible effects but stressed
that when effects are considered
collectively, their impact on ESU
viability is likely to be negative despite
the large uncertainties associated with
individual effects.
evaluating a species’ listing
classification (50 CFR 424.11(f)). In our
proposed rule for this action, we
presented a comprehensive analysis of
Federal, State, and local programs that
provide protection to OC coho salmon
and their habitat. We did not receive
any specific comments regarding our
analysis of protective efforts during the
public comment period. We present a
summary of that analysis below, and
direct the reader to the proposed rule for
greater detail.
Efforts Being Made To Protect the
Species
Section 4(b)(1)(A) of the ESA requires
the Secretary to take into account efforts
being made to protect a species when
Approximately 567,000 acres (2,295
square kilometers) of forest land within
the range of OC coho salmon are
managed by the Oregon Board of
Forestry (Oregon Department of
PO 00000
Frm 00047
Fmt 4700
Sfmt 4700
Forestry
State Forest Practices Act
Management of riparian areas on
private forest lands within the range of
OC coho salmon is regulated by the
Oregon Forest Practices Act and Forest
Practice Rules (Oregon Department of
Forestry, 2005b). These rules require the
establishment of riparian management
areas (RMA) on certain streams that are
within or adjacent to forestry
operations. The RMA widths vary from
10 feet (3.05 meters) to 100 feet (30.48
meters) depending on the stream
classification, with fish-bearing streams
having wider RMA than streams that are
not fish-bearing.
Although the Oregon Forest Practices
Act and the Forest Practice Rules
generally have become more protective
of riparian and aquatic habitats over
time, significant concerns remain over
their ability to adequately protect water
quality and salmon habitat (Everest and
Reeves, 2007; ODF, 2005b; IMST, 1999).
In particular, disagreements continue
over: (1) Whether the widths of RMAs
are sufficient to fully protect riparian
functions and stream habitats; (2)
whether operations allowed within
RMAs will degrade stream habitats; (3)
operations on high-risk landslide sites;
and (4) watershed-scale effects. Based
on the available information, we were
unable to conclude that the Oregon
Forest Practices Act adequately protects
OC coho habitat in all circumstances.
On some streams, forestry operations
conducted in compliance with this act
are likely to reduce stream shade, slow
the recruitment of large woody debris,
and add fine sediments. Since there are
no limitations on cumulative watershed
effects, road density on private forest
lands, which is high throughout the
range of this ESU, is unlikely to
decrease.
State Forest Programs
E:\FR\FM\20JNR1.SGM
20JNR1
35768
Federal Register / Vol. 76, No. 118 / Monday, June 20, 2011 / Rules and Regulations
mstockstill on DSK4VPTVN1PROD with RULES
Forestry, 2005). The majority of these
lands are managed under the Northwest
Oregon Forest Management Plan and the
Elliot Forest Management Plan. The
plans are described in detail in our
proposed rule and in Oregon
Department of Forestry (2001 and 2006).
The Oregon Department of Forestry
began an ESA section 10 habitat
conservation plan for the Elliot State
Forest Management Plan. On July 19,
2009, we notified Oregon Department of
Forestry that ‘‘we are unable to
conclude the strategies would meet the
conservation needs of our trust
resources and provide for the survival
and recovery of Oregon Coast (OC) coho
salmon.’’ (Letter from Kim Kratz, NMFS
to Jim Young, Oregon Department of
Forestry, dated July 19, 2009). We
identified concerns over stream shade,
woody debris recruitment, and certain
other issues that needed to be resolved
before the Habitat Conservation Plan
can be approved. On July 27, 2009, the
Oregon Department of Forestry
responded, stating that the proposed
protective measures ‘‘will provide a
high level of protection for Oregon’s fish
and wildlife species and a low level of
risk’’ (Letter from Jim Young, Oregon
Department of Forestry, to Kim Kratz,
NMFS, dated July 27, 2009). There is
still significant disagreement over
whether the proposed protective
measures are sufficient to conserve OC
coho salmon and their habitat. Since
publication of our proposed rule, no
additional progress has been made on
this habitat conservation plan. We are as
yet unable to conclude that the Elliot
State and the Northwest Oregon Forest
Management Plans provide for OC coho
salmon habitat that is capable of
supporting populations that are viable
during both good and poor marine
conditions.
Northwest Forest Plan
Since 1994, land management on
Forest Service and Bureau of Land
Management (BLM) lands in Western
Oregon has been guided by the Federal
Northwest Forest Plan (USDA and
USDI, 1994). The aquatic conservation
strategy contained in this plan includes
elements such as designation of riparian
management zones, activity-specific
management standards, watershed
assessment, watershed restoration, and
identification of key watersheds (USDA
and USDI, 1994).
Although much of the habitat with
high intrinsic potential to support the
recovery of OC coho salmon is on lowerelevation, private lands, Federal forest
lands contain much of the current highquality habitat for this species (Burnett
et al., 2007). Relative to forest practice
VerDate Mar<15>2010
16:50 Jun 17, 2011
Jkt 223001
rules and practices on many nonFederal lands, the Northwest Forest
Plan has large riparian management
zones (1 to 2 site-potential tree heights)
and relatively protective, activityspecific management standards (USDA
and USDI, 1994). As discussed in the
proposed rule, we consider the
Northwest Forest Plan, when fully
implemented, to be sufficient to provide
for the habitat needs of OC coho salmon
habitat on Federal lands. Although
maintaining this high-quality habitat on
Federal lands is necessary for the
recovery of OC coho salmon, the
recovery of the species is unlikely
unless habitat can be improved in
streams with high-intrinsic-potential on
non-Federal lands (Burnett et al., 2007).
The proposed rule also noted that
uncertainty exists about the future of the
aquatic conservation strategy on Federal
lands in the Pacific Northwest. The
Forest Service and Bureau of Land
Management have attempted to revise
the aquatic conservation strategy of the
Northwest Forest Plan several times
over the last few years, but have
encountered legal challenges each time,
resulting in no change to the strategy. In
addition, ESA section 7 consultations
on the management of riparian forests
on Federal lands throughout the range
of the OC coho salmon ESU have
become increasingly contentious over
the last year. Recently, we initiated a
dispute resolution process with the
Forest Service, Bureau of Land
Management, and U.S. Fish and
Wildlife Service to help resolve
scientific issues associated with the
management of riparian forests and its
effects on salmon habitat.
Agriculture
Across all populations, agricultural
lands occupy approximately 0–20
percent of lands adjacent to OC coho
salmon habitat (Burnett et al., 2007).
Much of this habitat is considered to
have high intrinsic potential (low
gradient stream reaches with
historically high habitat complexity) but
has been degraded by past management
activities (Burnett et al., 2007). In our
proposed rule, we presented an analysis
of the degree of protection afforded to
OC coho salmon habitat by: (1)
Agricultural water quality programs, (2)
state water quality management plans
for confined animal feeding operation,
(3) state pesticide programs, (4) the
Federal pesticide labeling program, and
(5) irrigation and water availability
regulations. We concluded that these
state and Federal programs are partially
effective at protecting OC coho salmon
habitat. Many of the agricultural actions
that have the greatest potential to
PO 00000
Frm 00048
Fmt 4700
Sfmt 4700
degrade coho habitat, such as
management of animal waste,
application of toxic pesticides, and
discharge of fill material, have some
protective measures in place that limit
their adverse effects on aquatic habitat.
However, deficiencies in these programs
limit their effectiveness at protecting OC
coho salmon habitat. In particular, the
riparian rules of the water quality
management program are vague and
enforcement of this program is sporadic.
The lack of clear criteria for riparian
condition will continue to make the
requirements of this program difficult to
enforce. Levees and dikes can be
maintained and left devoid of riparian
vegetation regardless of their proximity
to a stream. The lack of streamside
buffers in the state’s pesticide program
likely results in water quality impacts
from the application of pesticides.
Although new requirements from ESA
section 7 consultations on Federal
pesticide registration may afford more
protection to OC coho salmon, these
requirements will only apply if the OC
coho salmon ESU remains listed.
Although a water leasing program is
available, there is much uncertainty
about how this program will result in
increased instream flow. The available
information leads us to conclude that it
is likely that the quality of OC coho
salmon habitat on private agricultural
lands may improve slowly over time or
remain in a degraded state. It is unlikely
that, under the current programs, OC
coho salmon habitat will recover to the
point that it can produce viable
populations during both good and poor
marine conditions.
Federal Clean Water Act Fill and
Removal Permitting
Several sections of the Federal Clean
Water Act, such as section 401 (water
quality certification), section 402
(National Pollutant Discharge
Elimination System), and section 404
(discharge of fill into waters of the
United States), regulate activities that
might degrade salmon habitat. Despite
the existence and enforcement of this
law, a significant percentage of stream
reaches in the range of the Oregon Coast
coho salmon do not meet current water
quality standards. For instance, many of
the populations of this ESU have
degraded water quality identified as a
secondary limiting factor (ODFW, 2007).
Forty percent of the stream miles
inhabited by OC salmon ESU are
classified as temperature impaired
(Stout et al., 2011). Although programs
carried out under the Clean Water Act
are well funded and enforcement of this
law occurs, it is unlikely that programs
are sufficient to protect salmon habitat
E:\FR\FM\20JNR1.SGM
20JNR1
Federal Register / Vol. 76, No. 118 / Monday, June 20, 2011 / Rules and Regulations
in a condition that would provide for
viable populations during good and
poor marine conditions.
mstockstill on DSK4VPTVN1PROD with RULES
Gravel Mining
Gravel mining occurs in various areas
throughout the freshwater range of OC
coho salmon but is most common in the
South Fork Umpqua, South Fork
Coquille, Nehalem, Nestucca, Trask,
Kilchis, Miami, and Wilson rivers. The
U.S. Army Corps of Engineers issues
permits under section 404 of the Clean
Water Act and section 10 of the Rivers
and Harbors Act for gravel mining in
rivers in the southern extent of the OC
coho salmon’s range. Although gravel
mining activities using similar methods
occur within rivers at the northern
extent of this ESU’s range, such as the
Nehalem River, the Corps of Engineers
does not always issue permits for these
activities. It is unclear why fewer
permits are issued in the northern
portion of this ESU’s range. The Oregon
Department of State Lands issues
similar permits under both the RemovalFill Law and the State Scenic Waterway
Law.
In our proposed rule we described in
detail the potential adverse effects of
improperly managed gravel mining on
OC coho salmon habitat. We noted that
gravel mining can result in a deeper and
less complex streambed with reduced
refuge areas for juvenile coho salmon.
Gravel mining can alter salmonid food
webs and reduce the amount of prey
available for juvenile salmonids.
Removal of riverbed substrates may also
alter the relationship between sediment
load and shear stress forces and increase
bank and channel erosion. This disrupts
channel form, and can also disrupt the
processes of channel formation and
habitat development (Lagasse et al.,
1980; Waters, 1995). Operation of heavy
equipment in the river channel or
riparian areas can result in disturbance
of vegetation, exposure of bare soil to
erosive forces, and spills or releases of
petroleum-based contaminants.
In our proposed rule, we noted that
we have issued draft conference
opinions under section 7 of the ESA that
have concluded that issuance of permits
for gravel mining in streams occupied
by OC coho salmon would jeopardize
the continued existence of this ESU and
result in the destruction or adverse
modification of their critical habitat
(letter from Michael Crouse, NMFS to
Larry Evans, Corps of Engineers dated
May 29, 2007). Although gravel mining
has ceased in some areas occupied by
this ESU, gravel mining in the South
Fork Coquille and other areas remains a
concern.
VerDate Mar<15>2010
16:50 Jun 17, 2011
Jkt 223001
Recent ESA and Magnuson-Stevens
Fishery Conservation and Management
Act consultations indicate that, in some
cases, the measures governing sand and
gravel mining are inadequate to provide
for OC coho salmon habitat capable of
producing viable populations during
good and poor marine conditions.
Habitat Restoration Programs
The Oregon Watershed Enhancement
Board funds and facilitates habitat
restoration projects throughout the
range of the OC coho salmon. Many of
these projects occur on private land and
are planned with local stakeholder
groups known as watershed councils.
Biologists and restoration specialists
from state, Federal, and tribal agencies
often assist in the planning and
implementation of projects. Habitat
restoration projects funded by the
Oregon Watershed Enhancement Board
include installation of fish screens,
riparian planting, placement of large
woody debris, road treatments to reduce
sediment inputs to streams, wetland
restoration, and removal of fish passage
barriers (Oregon Watershed
Enhancement Board, 2009). The webbased Oregon Watershed Restoration
Inventory (https://www.oregon.gov/
OWEB/MONITOR/OWRI_data.shtml)
and the North Coast Explorer (https://
www.northcoastexplorer.info/) systems
provide detailed information on
restoration projects implemented within
the range of OC coho salmon. We also
maintain the Pacific Northwest Salmon
Habitat Project Database (https://
webapps.nwfsc.noaa.gov/pnshp) to
track salmon habitat restoration
projects. Douglas County provided
information on several habitat
restoration projects completed within
the Umpqua River Basin. In addition to
state and private efforts, the Forest
Service and Bureau of Land
Management carry out restoration
projects on Federal lands (USDA and
USDI, 2005).
A number of restoration projects are
occurring throughout the range of this
ESU and we expect they will have
benefits to ESU viability some time in
the future. However, we do not have
information available that would allow
us to predict or quantify these future
improvements to ESU viability. In the
absence of this information, we must
look at measures of ESU viability to
determine if restoration efforts are
lowering ESU extinction risk. In the
case of OC coho salmon, there are some
encouraging signs such as increased
abundance over the last several years.
PO 00000
Frm 00049
Fmt 4700
Sfmt 4700
35769
Beaver Management
Beavers were once widespread across
Oregon. There is general agreement that
beavers are a natural component of the
aquatic ecosystem and beaver dams
provide ideal habitat for overwintering
coho salmon juveniles (ODFW, 1997).
Currently, beavers in Oregon are
classified as nuisance species, so there
is no closed season or bag limit. They
may be killed at any time they are
encountered. Oregon also maintains a
trapping season for beavers. The ODFW
is currently investigating possible ways
to protect beavers and their dams
throughout the range of OC coho
salmon. All current protective efforts are
voluntary, and there is low certainty
they will be fully implemented.
Final Listing Determination
Section 4(b)(1) of the ESA requires
that a listing determination be based
solely on the best scientific and
commercial data available, after
conducting a review of the status of the
species and after taking into account
those efforts, if any, being made by any
state or foreign nation to protect and
conserve the species. We have reviewed
the preliminary and final reports of the
BRT (Stout et al., 2010, 2011), comanager comments, peer review, public
comments, and other available
published and unpublished
information. Based on this review, we
conclude that there is no new
information to indicate that the
boundaries of this ESU should be
revised or that the ESU membership of
existing hatchery populations should be
changed.
Ongoing efforts to protect OC coho
salmon and their habitat, as described in
the previous section, are likely to
provide some benefit to this ESU.
Considered collectively, however, these
efforts do not comprehensively address
the threats to the OC coho salmon ESU
from past, ongoing, and future land
management activities and global
climate change.
Based on the best scientific and
commercial information available,
including the BRT report, we conclude
that the OC coho salmon ESU is not
presently in danger of extinction, but is
likely to become so in the foreseeable
future throughout all of its range.
Factors supporting a conclusion that
this ESU is not presently in danger of
extinction include: (1) Abundance of
naturally spawned returns has increased
recently; (2) this ESU remains well
distributed throughout its historical
range from just south of the Columbia
River to north of Cape Blanco, Oregon;
(3) each one of the five major
E:\FR\FM\20JNR1.SGM
20JNR1
35770
Federal Register / Vol. 76, No. 118 / Monday, June 20, 2011 / Rules and Regulations
mstockstill on DSK4VPTVN1PROD with RULES
geographical areas comprising this ESU
contains at least one relatively healthy
population; (4) threats posed by
overharvest and hatchery practices have
largely been addressed; and (5)
spawning escapement levels have
improved considerably in recent years.
Factors supporting a conclusion that
the DPS is likely to become in danger of
extinction in the foreseeable future
include: (1) After considering the results
of the DSS, other information about the
ESU’s viability, and threats, the BRT
found the OC coho salmon ESU to be at
least at a moderate risk of extinction; (2)
abundance of naturally spawned returns
is one tenth of historic levels of
abundance; (3) the BRT’s analysis of
freshwater habitat trends for the Oregon
coast found little evidence for an overall
improving trend in freshwater habitat
conditions since the mid-1990s, and
evidence of negative trends in some
strata; (4) current protective efforts are
insufficient to provide for freshwater
habitat conditions capable of producing
a viable ESU; (5) there is ongoing
uncertainty about the future
management of OC coho salmon habitat,
particularly forested habitat on state,
Federal, and private lands; (6) global
climate change is likely to result in
further degradation of freshwater habitat
conditions and poor marine survival; (7)
there are still numerous primary threats
to OC coho persistence, including
legacy effects from past forest
management, poor marine conditions,
agricultural activities and urban
development in high intrinsic potential
habitat, global climate change, etc.; and
(8) this ESU faces a long and growing
list of secondary threats including
invasions of exotic organisms, poor
water quality, and land-use conversion.
Therefore, we retain the threatened
listing for the OC coho salmon ESU.
Prohibitions and Protective Measures
Section 9 of the ESA prohibits the
take of endangered species. The term
‘‘take’’ means to harass, harm, pursue,
hunt, shoot, wound, kill, trap, capture,
or collect, or to attempt to engage in any
such conduct (16 U.S.C. 1532(19)). In
the case of threatened species, ESA
section 4(d) requires us to issue
regulations we deem necessary and
advisable for the conservation of the
species. Such regulations may include
extending section 9 take prohibitions.
On February 11, 2008, we issued final
protective regulations under section 4(d)
of the ESA for the OC coho salmon ESU
(73 FR 7816). The new information
evaluated in this review of the status of
the OC coho ESU does not alter our
determinations regarding those portions
of our February 11, 2008, rule
VerDate Mar<15>2010
16:50 Jun 17, 2011
Jkt 223001
establishing ESA section 4(d)
protections for the species. Accordingly,
those protective regulations remain in
effect.
Other Protective ESA Provisions
Section 7(a)(4) of the ESA requires
that Federal agencies confer with NMFS
on any actions likely to jeopardize the
continued existence of a species
proposed for listing and on actions
likely to result in the destruction or
adverse modification of proposed
critical habitat. For listed species,
section 7(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 proposed
Federal action may affect a listed
species or its critical habitat, the
responsible Federal agency must enter
into consultation with NMFS or the US
Fish and Wildlife Service, as
appropriate. Examples of Federal
actions likely to affect salmon include
authorized land management activities
of the Forest Service and the BLM, as
well as operation of hydroelectric and
storage projects of the Bureau of
Reclamation and the U.S. Army Corps of
Engineers. Such activities include
timber sales and harvest, permitting
livestock grazing, hydroelectric power
generation, and flood control. Federal
actions, including the U.S. Army Corps
of Engineers section 404 permitting
activities under the Clean Water Act,
permitting activities under the River
and Harbors Act, Federal Energy
Regulatory Commission licenses for
non-Federal development and operation
of hydropower, and Federal salmon
hatcheries, may also require
consultation. We have a long history of
consultation with these agencies on the
OC coho salmon ESU.
ESA sections 10(a)(1)(A) and
10(a)(1)(B) of the ESA provide NMFS
with authority to grant exceptions to the
ESA’s ‘‘take’’ 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. We have issued
section 10(a)(1)(A) research/
enhancement permits for currently
listed ESUs for a number of activities,
including trapping and tagging,
electroshocking to determine population
presence and abundance, removal of
fish from irrigation ditches, and
collection of adult fish for artificial
propagation programs. Section
10(a)(1)(B) incidental take permits may
PO 00000
Frm 00050
Fmt 4700
Sfmt 4700
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 academic research
that may incidentally take listed
species, the implementation of state
fishing regulations, logging, road
building, grazing, and diverting water
into private lands. These ‘‘Other
Protective ESA Provisions’’ of the
February 11, 2008, rule remain in effect.
Effective Date of the Final Listing
Determination
Since the OC coho salmon ESU is
currently listed as threatened and this
final rule is conformation of that
finding, this rule is effective
immediately.
Critical Habitat
Section 4(a)(3) of the ESA requires
that, to the extent practicable and
determinable, critical habitat be
designated concurrently with the listing
of a species. Designation of critical
habitat must be based on the best
scientific data available and must take
into consideration the economic,
national security, and other relevant
impacts of specifying any particular area
as critical habitat.
On February 11, 2008, we designated
critical habitat for the OC coho salmon
ESU (73 FR 7816). The new information
we evaluated in this review of the status
of the OC coho ESU does not alter our
determinations regarding those portions
of our February 11, 2008 rule
designating critical habitat for the
species. Accordingly, this critical
habitat designation remains in effect.
Classification
National Environmental Policy Act
(NEPA)
ESA listing decisions are exempt from
the requirements to prepare an
environmental assessment or
environmental impact statement under
the NEPA. See NOAA Administrative
Order 216 6.03(e)(1) and Pacific Legal
Foundation v. Andrus 657 F2d 829 (6th
Cir. 1981). Thus, we have determined
that this final listing determination for
the OC coho salmon ESU is exempt
from the requirements of the NEPA of
1969.
Executive Order (E.O.) 12866,
Regulatory Flexibility Act and
Paperwork Reduction Act
As noted in the Conference Report on
the 1982 amendments to the ESA,
E:\FR\FM\20JNR1.SGM
20JNR1
35771
Federal Register / Vol. 76, No. 118 / Monday, June 20, 2011 / Rules and Regulations
economic impacts cannot be considered
when assessing the status of a species.
Therefore, the economic analysis
requirements of the Regulatory
Flexibility Act are not applicable to the
listing process. In addition, this rule is
exempt from review under E.O. 12866.
This final rule does not contain a
collection-of-information requirement
for the purposes of the Paperwork
Reduction Act.
E.O. 13084—Consultation and
Coordination With Indian Tribal
Governments
E.O. 13084 requires that if NMFS
issues a regulation that significantly or
uniquely affects the communities of
Indian tribal governments and imposes
substantial direct compliance costs on
those communities, NMFS must consult
with those governments or the Federal
Government must provide the funds
necessary to pay the direct compliance
costs incurred by the tribal
governments. This final rule does not
impose substantial direct compliance
costs on the communities of Indian
tribal governments. Accordingly, the
requirements of section 3(b) of E.O.
13084 do not apply to this final rule.
Nonetheless, we will continue to inform
potentially affected tribal governments,
solicit their input, and coordinate on
future management actions.
E.O. 13132—Federalism
E.O. 13132 requires agencies to take
into account any federalism impacts of
regulations under development. It
includes specific directives for
consultation in situations where a
regulation will preempt state law or
impose substantial direct compliance
costs on state and local governments
(unless required by statute). Neither of
those circumstances is applicable to this
final rule. In keeping with the intent of
the Administration and Congress to
provide continuing and meaningful
dialogue on issues of mutual state and
Federal interest, the proposed rule was
provided to Oregon State and the state
was invited to comment. We have
conferred with the State of Oregon in
the course of assessing the status of the
OC coho salmon ESU, and have
considered and incorporated their
comments and recommendations into
this final determination where
applicable.
References
A list of references cited in this notice
is available upon request (see
ADDRESSES) or via the Internet at
Species 1
*
(24) Oregon Coast
Coho salmon.
Scientific name
*
Oncorhynchus
kisutch.
*
*
*
U.S.A., OR, all naturally spawned populations of
coho salmon in Oregon coastal streams south
of the Columbia River and north of Cape Blanco, including the Cow Creek (ODFW stock #37)
coho hatchery program.
*
*
List of Subjects in 50 CFR Part 223
Endangered and threatened species,
Exports, Imports, Transportation.
Dated: June 13, 2011.
John Oliver,
Deputy Assistant Administrator for
Operations, National Marine Fisheries
Service.
For the reasons set out in the
preamble, 50 CFR part 223 is amended
as follows:
PART 223—THREATENED MARINE
AND ANADROMOUS SPECIES
1. The authority citation for part 223
continues to read as follows:
■
Authority: 16 U.S.C. 1531 1543; subpart B,
§ 223.201–202 also issued under 16 U.S.C.
1361 et seq.; 16 U.S.C. 5503(d) for
§ 223.206(d)(9) et seq.
2. In § 223.102, in the table, revise
paragraph (c)(24) to read as follows:
■
§ 223.102 Enumeration of threatened
marine and anadromous species.
(c) * * *
Citation(s) for listing
determination(s)
Where listed
Common name
https://www.nwr.noaa.gov. Additional
information, including agency reports
and written comments, is also available
at this Internet address.
*
*
*
73 FR 7816; Feb 11,
2008; [Insert FR citation; June 16, 2011].
*
*
Citation(s) for critical
habitat designation(s)
*
73 FR 7816; Feb 11,
2008.
*
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).
[FR Doc. 2011–15080 Filed 6–17–11; 8:45 am]
mstockstill on DSK4VPTVN1PROD with RULES
BILLING CODE 3510–22–P
VerDate Mar<15>2010
16:50 Jun 17, 2011
Jkt 223001
PO 00000
Frm 00051
Fmt 4700
Sfmt 9990
E:\FR\FM\20JNR1.SGM
20JNR1
Agencies
[Federal Register Volume 76, Number 118 (Monday, June 20, 2011)]
[Rules and Regulations]
[Pages 35755-35771]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-15080]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 223
[Docket No. 110531311-1310-02]
RIN 0648-XA407
Listing Endangered and Threatened Species: Threatened Status for
the Oregon Coast Coho Salmon Evolutionarily Significant Unit
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We, the National Marine Fisheries Service (NMFS), issue a
final determination to retain the threatened listing for the Oregon
Coast (OC) Evolutionarily Significant Unit (ESU) of coho salmon
(Oncorhynchus kisutch) under the Endangered Species Act (ESA). This
listing determination will supersede our February 11, 2008, listing
determination for this ESU. Our February 11, 2008, determinations
establishing protective regulations under ESA section 4(d) and
designating critical habitat for this ESU remain in effect.
DATES: Effective June 20, 2011.
ADDRESSES: NMFS, Protected Resources Division, 1201 NE., Lloyd Blvd.,
Suite 1100, Portland, OR 97232.
FOR FURTHER INFORMATION CONTACT: Eric Murray at the address above or at
(503) 231-2378, or Marta Nammack, NMFS, Office of Protected Resources,
(301) 713-1401. The final rule, references and other materials relating
to this determination can be found on our Web site at https://www.nwr.noaa.gov or by contacting us at the address above.
SUPPLEMENTARY INFORMATION: We first proposed to list the OC coho salmon
ESU as threatened under the ESA in 1995 (60 FR 38011; July 25, 1995).
Since then, we have completed several status reviews for this species,
and its listing classification has changed between threatened and not
warranted for listing a number of times. The ESA listing status of the
OC coho salmon ESU has been controversial and has attracted litigation
in the past. A complete history of this ESU's listing status can be
found in our May 26, 2010, proposal to retain the threatened listing
for this ESU (75 FR 29489). As part of a legal settlement agreement in
2008, we committed to complete a new status review for this ESU.
The steps we follow when evaluating whether a species should be
listed under the ESA are to: (1) Delineate the species under
consideration; (2) review the status of the species; (3) consider the
ESA section 4(a)(1) factors to identify threats facing the species; (4)
assess whether certain protective efforts mitigate these threats; and
(5) evaluate and assess the likelihood of the species' future
persistence. We provide more detailed information and findings
regarding each of these steps later in this final rule.
To aid us in the status review, we convened a team of Federal
scientists, known as a biological review team (BRT). The BRT for this
OC coho salmon ESU status review was composed of scientists from our
Northwest and Southwest Fisheries Science Centers and the USDA Forest
Service. As part of its evaluation, the BRT considered ESU boundaries,
membership of fish from hatchery programs within the ESU, the risk of
extinction of the ESU, and threats facing this ESU. The BRT evaluated
the best available information on ESU viability criteria (abundance,
ESU productivity, spatial structure, and diversity). It also considered
factors affecting ESU viability, including marine survival, trends in
freshwater habitat complexity, and potential effects of global climate
change. It considered the work products of the Oregon/Northern
California Coast Technical Recovery Team and information
[[Page 35756]]
submitted by the public, State agencies, and other Federal agencies.
We asked the BRT to assess the level of extinction risk facing the
species, describing its confidence that the species is at high risk,
moderate risk, or neither. We described a species with high risk as one
that is at or near a level of abundance, productivity, and/or spatial
structure that places its persistence in question. We described a
species at moderate risk as one that exhibits a trajectory indicating
that it is more likely than not to be at a high level of extinction
risk in the foreseeable future, with the appropriate time horizon
depending on the nature of the threats facing the species and the
species' life history characteristics. The preliminary report of the
BRT deliberations (Stout et al., 2010) describes OC coho salmon biology
and assesses demographic risks, threats, and overall extinction risk.
On May 26, 2010, we announced completion of the status review and a
proposal to retain the threatened listing for this ESU (75 FR 29489).
We solicited comments and suggestions from all interested parties
including the public, other governmental agencies, the scientific
community, industry, and environmental groups. Specifically, we
requested information regarding: (1) Assessment methods to determine
this ESU's viability; (2) this ESU's abundance, productivity, spatial
structure, or diversity; (3) efforts being made to protect this ESU or
its habitat; (4) threats to this ESU; and (5) changes to the condition
or quantity of this ESU's habitat.
Summary of Comments Received in Response to the Proposed Rule
We solicited public comment on the proposed listing of the OC coho
salmon ESU for a total of 60 days. We did not receive a request for,
nor did we hold, a public hearing on the proposal. Public comments were
received from 8 commenters, and copies of all public comments received
are available online at: https://www.regulations.gov/#!docketDetail;dct=FR+PR+N+O+SR+PS;rpp=10;so=DESC;sb=postedDate;po=0;D=N
OAA-NMFS-2010-0112.
Several commenters stated that they were in favor of retaining the
threatened listing for this ESU but did not present any specific
information to support their position. Summaries of the substantive
comments received, and our responses, are provided below, organized by
category.
In December 2004, the Office of Management and Budget (OMB) issued
a Final Information Quality Bulletin for Peer Review establishing
minimum peer review standards, a transparent process for public
disclosure, and opportunities for public input. In accordance with this
guidance, we solicited technical review of the preliminary status
report (Stout et al., 2010) from nine independent experts selected from
the academic and scientific community. Each reviewer is an expert in
either salmon biology, fish risk assessment methodology, ocean/salmon
ecology, climate trend assessment, or landscape-scale habitat
assessment. Eight reviewers responded to our request.
After considering the information provided during the public
comment period and by peer reviewers, the BRT prepared a final report
(Stout et al., 2011). In preparing its final report, the BRT also
considered some new scientific information that became available since
the issuance of its preliminary report.
Response to Comments
There was substantial overlap between the comments from the peer
reviewers and the substantive public comments. The comments were
sufficiently similar to warrant a response to the peer reviewer's
comments through our general responses below. The Oregon Department of
Fish and Wildlife (ODFW) provided the most substantial technical
comments. In the Pacific Northwest, there is unique co-management of
salmon and their habitat shared by Federal and State agencies and
tribes. Due to this shared management, we specifically identify ODFW's
comments in the following section. Other individuals, agencies, and
organizations who submitted comments during the public comment period
are identified as ``commenters,'' while peer reviewers are referred to
a ``reviewers.''
Productivity Trends
Comment 1: ODFW stated ``* * * the BRT makes generalizations
regarding trends in coho salmon productivity that are not consistent
with patterns of productivity observed over the last twelve years.''
Response: After reviewing its report in response to ODFW's
comments, the BRT revised the ``Current Biological Status'' section
extensively to add clarity and better support for their findings. In
particular, they added additional information on the historical
abundance of the ESU and 20th century trends in two measures of
productivity: Pre-harvest recruits per spawner and the natural return
ratio. The BRT concluded that there clearly has been a long-term
decline in recruits per spawner during the 20th century, consistent
with what has been found in previous status reviews (Weikamp et al.,
1995; Good et al., 2005). The BRT found no evidence that this decline
has reversed. In fact, recruits from the return years 1997-1999 failed
to replace parental spawners: A recruitment failure occurred in all
three brood cycles even before accounting for harvest-related
mortalities. This was the first time this had happened since data
collection began in the 1950s. In most years since 2000, improved
marine survival and higher rainfall are thought to be factors that have
contributed to a recent upswing in recruits. However, in the return
years 2005, 2006, and 2007, recruits again failed to replace parental
spawners. The BRT discussed several possible explanations for this
recruitment failure, including the possibility that the higher spawning
abundance levels in recent years have reached the current carrying
capacity of the degraded freshwater environment. In addition, the BRT
noted that while total spawning abundance has been at its highest level
since the 1950s, the total numbers of recruits remain lower than in the
1950s-1970s. The BRT therefore concluded that with the current
freshwater habitat conditions, the ability of the OC Coho Salmon ESU to
survive another prolonged period of poor marine survival remains in
question.
Persistence Analysis
Comment 2: ODFW stated ``In summary, we believe that the use of
peak count data fundamentally altered the results of the Decision
Support System (DSS) analysis. In addition, we believe that negative
depensatory effects on coastal coho [are] extremely unlikely based on
experience with other populations and because of the lack of any
evidence of such effects in the Life Cycle basins or at the population
scale.''
Response: The BRT's initial report (Stout et al., 2010) noted that
the OC coho salmon Technical Recovery Team's report (Wainwright et al.,
2008) analyzed the critical abundance criterion using incorrect data.
In particular, the Technical Recovery Team report specifically states
that this criterion should be evaluated using peak count data, but
inadvertently used area under the curve data. The BRT discovered this
discrepancy when rerunning the DSS for the BRT's analysis. The analysis
found in the BRT's initial report (Stout et al., 2010) is therefore a
correction, not a change. Stated differently, the Technical Recovery
Team and the BRT both
[[Page 35757]]
intended to use peak counts as the selected measure of spawner
abundance in the DSS analysis; the use of area under the curve data in
the Technical Recovery Team's report was a mistake, later corrected in
the BRT's initial report (Stout et al., 2010).
Comment 3: One commenter took issue with the BRT's consideration of
depensation as risk based on the spawner density levels found in the
North Umpqua River from 1946-2009.
Response: The spawner density levels cited by the commenter were
influenced by hatchery returns, which makes it impossible to assess the
response of the natural component of that population to low abundance
events.
Comment 4: One commenter stated that the model results do not
reflect actual production. The commenter contended that the BRT changed
the DSS and eliminated the population functionality criterion from the
results.
Response: This appears to be a misunderstanding of the BRT's
report. The BRT included the population functionality criterion in the
DSS. It did, however, discuss the need to reconsider this criterion in
the future. In addition, the BRT did not rely solely on the DSS in its
deliberations, but considered other factors and sources of information
in reaching its final risk conclusions.
Comment 5: One commenter stated that the BRT arbitrarily changed
the population assessment model metric for spawner density. The
commenter contended that peak count data was arbitrarily used instead
of area under the curve data in running the DSS analyses. The commenter
stated that the use of area-under-the-curve counts is more commonly
accepted in the fisheries profession. The commenter also contended that
observer bias was not accounted for in data sets used in the BRT
analyses.
Response: As discussed in our response to Comment 2, the Technical
Recovery Team and the BRT both intended to use peak counts as the
selected measure of spawner abundance in the DSS analysis. The use of
area under the curve data in the Technical Recovery Team's report was a
mistake, later corrected in the BRT's initial report (Stout et al.,
2010). The BRT note that the use of peak count data is well documented
in the fishery management literature and cite several studies
supporting the use of peak counts to assess salmon spawner abundance.
Regarding observer bias, the data set obtained from the ODFW, and used
in the DSS, was corrected for observer bias.
Comment 6: One commenter noted that persistence and sustainability
of the North Umpqua populations of OC coho salmon is well documented.
The commenter suggested that the BRT look to the historical record for
evidence of the wide variation of habitat and climatic conditions under
which this population has persisted.
Response: The BRT found that the North Umpqua population
persistence and sustainability is confounded by high hatchery
production in the recent past, and the Technical Recovery Team's
productivity analysis takes that into account. That hatchery program
has recently been terminated, so future analyses will be better able to
assess the sustainability of the North Umpqua population. With respect
to the historical record, the BRT did examine the historical record and
recognized that there are strong climate driven fluctuations in OC coho
salmon abundance and productivity. The BRT risk assessment and
Technical Recovery Team criteria account for these fluctuations.
Comment 7: One commenter suggested that the BRT selected
unscientific and untested methodologies to support continued listing of
the ESU in their assessment.
Response: The BRT used the best available scientific information,
including information submitted by the commenter. The overall
methodology for conducting the status review was the same as NMFS has
used for many past salmon status reviews and as such it has received
extensive scientific review. The BRT also used specific methods and
analyses developed by the Oregon/Northern California Coast Technical
Recovery Team. The Technical Recovery Team consisted of a range of
experts from NMFS, ODFW, USDA Forest Service, tribes and independent
consultants. The tools and methods it developed reflect that expertise.
Both the Technical Recovery Team and BRT reports received extensive
peer review that supported the models and analyses.
Comment 8: One commenter stated ``The spawning habitat within the
Umpqua River Basin is comprised of 409 miles in the Lower Umpqua and
Smith River (Lower Umpqua); 433 miles in the upper main stem Umpqua
including the Elk and Calapooya and other tributaries (Middle Umpqua);
656 miles in the South Umpqua basin including 131 miles in Cow Creek
(South Umpqua); and 126 miles in the North Umpqua (North Umpqua). The
wide distribution of habitat and spawning populations within the basin
serves as an effective built-in protective mechanism against any one
catastrophic event resulting in the extinction of the species.''
Response: We agree diversity and spatial structure are important
factors to consider in evaluating extinction risk, and these factors
were explicitly evaluated by the BRT and discussed in its report. In
addition, the DSS developed by the Technical Recovery Team uses this
type of information in its diversity/spatial structure criteria.
Specifically, the DSS watershed-level criteria account for the
occupancy of both adult spawners and juvenile OC coho salmon in the
basins throughout the range of this ESU.
Comment 9: One reviewer noted that it would be useful and
informative to include a master table or appendix in the BRT report
that clearly listed the metrics and associated data sets that were
incorporated into the DSS and the criteria to which they were applied.
Response: We agree. The BRT included this type of information in
Appendix A of its final report (Stout et al., 2011).
Comment 10: One commenter stated that viability models for
predicting fisheries' responses to management or environmental changes
are in relatively early stages of development and involve considerable
uncertainty.
Response: We agree, and the BRT stated that there is significant
uncertainty in the long term projections it considered. This is why the
BRT considered many aspects of OC coho salmon ecology in assessing
status and used a variety of information (population viability
modeling, the Technical Recovery Team's DSS, habitat assessments,
climate assessments, assessment of other threats) in conducting its
assessment. The BRT also was careful to characterize the degree of
certainty of its conclusions, and this was extensively discussed in
both its preliminary and final reports.
Climate Change and Stream Temperatures
Comment 11: One reviewer provided suggestions for adding and
changing climate change text, and adding information from four
additional scientific articles. This reviewer is a recognized expert on
global climate change and had a number of technical suggestions
regarding the BRT analysis of effect of climate change on OC coho
salmon and their habitat. His comments included discussion, suggestion,
and additional references for the following climate related impacts:
(1) Possible changes in ocean conditions and subsequent changes in
marine ecosystem function, (2) possible changes in stream flow and
temperature in the Pacific Northwest, and (3) possible
[[Page 35758]]
changes in Cascade Mountain snowpack.
Response: The BRT reviewed the suggested articles and revised the
``Effects on Climate Change'' section of the final report to reflect
this new information. The reviewer's comments allowed the BRT to adjust
its analysis to reflect the most recent research and latest theories on
the potential effects of climate change on salmon and their habitat.
Although it was able to update this section of its report, the BRT
conclusions regarding climate change remained fundamentally unaltered
by the addition of the new information.
Comment 12: One reviewer stated ``The inclusion of the potential
impacts of climate change on coho habitat was helpful, as was the
inclusion of other factors (e.g., human population growth and land use
conversions) that will be likely to cause problems for the species.
Given the overwhelmingly strong scientific evidence for climate change
and the near certainty of population growth and land conversion along
the Oregon coast--all of which have major implications for habitat
quality--it would have been imprudent to ignore these factors.
Additionally, it is quite probable that there will be interactions
among these factors, many unforeseen at present, which could exacerbate
habitat loss.''
Response: The BRT carefully evaluated these threats before reaching
its conclusion. The BRT noted in its conclusion that ``Finally, the BRT
was also concerned that global climate change will lead to a long-term
downward trend in both freshwater and marine coho salmon habitat
compared to current conditions (see Climate section and Wainwright and
Weitkamp, in review). There was considerable uncertainty about the
magnitude of most of the specific effects climate change will have on
salmon habitat, but the BRT was concerned that most changes associated
with climate change are expected to result in poorer and more variable
habitat conditions for OC coho salmon than exist currently. Some
members of the BRT noted that changes in freshwater flow patterns as a
result of climate change may not be as severe in the Oregon coast as in
other parts of the Pacific Northwest, while others were concerned by
recent observations of extremely poor marine survival rates for several
West Coast salmon populations. The distribution of the BRT's overall
risk scores reflects some of this uncertainty.'' The risks posed by
climate change, poor marine conditions, and further human development
in the area were key factors in reaching our conclusion to retain the
threatened listing for this ESU.
Comment 13: One reviewer stated ``I work a lot on impacts of
temperature on salmonids and was hoping to see a bit more than a
paragraph on the issue * * * Perhaps a sentence or two emphasizing the
primacy of temperature as a component of habitat and threat to salmon--
I believe temperature is the 1 source of water quality
impairment in Oregon.''
Response: We agree that more information on the effects of elevated
stream temperatures would improve the BRT report. Additional
information on elevated stream temperature and its potential effect on
OC coho salmon was added to the ``Water Quality Degradation,''
``Climate Change,'' ``Water availability,'' and ``Forest and
Agricultural Conversion'' sections of the BRT report.
Comment 14: One commenter stated ``Not only are we concerned that
the current BRT assessment does not reflect the true viability risk as
evidenced by the quantitative data that is available for the
independent populations, we are also concerned that the BRT has adopted
a new and untested qualitative prediction of climatic conditions for
the next 100 years that also has a significantly high uncertainty of
accuracy. Unfortunately, as with the other models the BRT did not test
these predictive climatic models utilizing the long term data sets that
were available. In this case historic climatic records illustrate the
coho evolved under a high range of climatic fluctuations--fluctuations
which can be expected to occur in the future as well.''
Response: The BRT addressed the risks related to climate change
using the best available scientific information, including a detailed
review of available published, peer-reviewed literature relating to
recent and future climate change in the Pacific Northwest and the
likely effects of such change on OC coho salmon. The BRT is aware of
past and likely future trends and fluctuations in the local climate,
and took those trends and fluctuations into account in the analysis.
The BRT noted that there is a great deal of uncertainty surrounding the
effects of future climate on OC coho salmon ESU, and took that
uncertainty into account as a contributing risk factor. Much of the
BRT's climate analysis does rely on predictive climate models that have
been tested against long-term climate data. The BRT did not conduct its
own assessment of the accuracy of these models, but rather relied on a
large body of peer-reviewed scientific literature that has reported
such assessments.
Assessment of Habitat Trends
Comment 15: The ODFW's comments contained a number of technical
questions and observations regarding the BRTs assessment of stream
habitat trends. ODFW commented it was concerned that the BRT placed too
much emphasis on a Bayesian analysis of habitat trends that used a
small subset of the available data. It stated that the use of the ODFW
Habitat Limiting Factors Model may also be inappropriate, particularly
when applied to the full range of streams within the ESU. It also noted
that the BRT report did not contain a full description of the Aquatic
and Riparian Effectiveness Monitoring Program (AREMP) (Reeves et. al
(2004), although data generated by this program played a key role in
habitat modeling exercise.
Response: Scientists from our Northwest Fisheries Science Center
and ODFW formed a working group to resolve these issues. In its
comments, ODFW noted that the BRT's habitat analysis used a small
subset of the available data. It also stated that the BRT's initial
report contained insufficient explanation of the methodology used to
carry out the habitat trend analysis. The group held several meetings
to discuss appropriate analyses, data sets, data transforms, etc. The
BRT's final report (specifically the In-Channel Stream Complexity
section) was revised to reflect the progress the group made in
resolving these technical issues. This issue is discussed in detail in
the New Habitat Trend Analysis section, below.
Comment 16: One reviewer stated ``I think the conclusion here about
complexity (rate of continued disturbance outpacing restoration) is
likely correct, but we don't know for sure. Local ``active''
restoration activities are likely dwarfed by the larger human footprint
on the landscape, but passive efforts to restore landscape condition
(e.g., improved forest harvest practices) will likely take decades to
yield detectable positive trends. Might be worth clarifying the issue
here because passive restoration is much more likely to have longer
term and much more widespread benefits in the future.''
Response: We generally agree and a short clarification of this
issue is now included in the BRT report's ``Stream Habitat Complexity
Summary'' section. Managing watersheds in a manner that allows for
natural habitat forming processes to occur is the first step in
ensuring that OC coho salmon have suitable freshwater habitat. However,
we also acknowledge that active
[[Page 35759]]
restoration is a key part of an overall strategy to improve stream
habitat across the range of this ESU. Active restoration is often the
fastest way to address certain reach-level concerns such as lack of
instream woody debris or lack of riparian vegetation.
Fish Passage
Comment 17: ODFW commented that fish passage issues facing the OC
coho salmon ESU are complex and may require additional analysis.
Response: We agree that attempting to analyze fish passage in
streams across the range of this ESU is a complex task. ODFW provided
several additional sources of information regarding fish passage. The
BRT updated its report to reflect this new information. The BRT also
considered a new data set on fish passage, the Oregon Fish Passage
Barrier Data Set (OFPDS, 2009). Although this data set represents the
most up-to-date catalog of fish passage blockages throughout the range
of this ESU, it still does not account for some blockages on private
land and certain types of blockages including berms and levees (Stout
et al., 2011). Berms and levees are common in lowland and estuary
habitat that can be important coho salmon rearing habitat. The BRT
concluded that fish passage blockages are a source of substantial
uncertainty as to the true effect that fish passage barriers present to
OC coho salmon.
Comment 18: One reviewer noted that ``Conclusions quoted regarding
present impacts of hydropower should be expanded to consider future
development as well. I know there are possible plans for hydroelectric
dams to be placed in some coastal rivers, such as the Siletz River near
the former town site of Valsetz. Also the development of small hydro
may come into play in the future as the region develops alternative
energy sources. This is becoming an issue in other parts of western
North America (e.g., British Columbia).''
Response: We agree that future hydropower development could affect
OC coho salmon in certain areas. The BRT made a slight modification to
its report to reflect this. There are, however, numerous protective
measures in place to assure that future hydropower projects would be
developed in a manner that reduces potential effects on this ESU. For
instance, all hydropower projects in the State of Oregon must have a
water right issued by the Oregon Water Resources Department. Most
significant non-Federal hydropower facilities would need to be licensed
by the Federal Energy Regulatory Commission. During these regulatory
processes, we expect the addition of conservation measures/project
modifications designed to reduce the project's effects on OC coho
salmon and their habitat. Although we cannot predict, with certainty,
what those specific protective measures might be, it is reasonable to
conclude that major adverse effects on this ESU would be avoided. For
instance, it is unlikely, although not completely impossible, that the
construction of hydropower facilities would be authorized in cases
where a large amount of OC coho salmon habitat would be blocked.
Currently, it is far more common in the Pacific Northwest for dams to
be removed to restore fish passage (e.g., Marmot Dam, Elwha Dam) than
for new dams to be constructed that would block fish passage. For these
reasons, we do not expect development of new hydropower facilities to
pose a serious threat to this ESU.
Comment 19: One reviewer provided a copy of a recent report (Bass,
2010) providing information on juvenile coho salmon movement and
migration through tide gates.
Response: The BRT considered the information in the report and
revised the content of the final report accordingly. The BRT noted that
at a minimum, tide gates in the OC coho salmon ESU act as partial
barriers to fish passage and were, for the most part, unaccounted for
in past analyses. It also notes that fish passage barriers have not
been identified as a major limiting factor for OC coho salmon in
previous assessments conducted by ODFW; however, a great deal of
uncertainty exists about the total number of passage barriers
throughout the range of this ESU.
Estuaries/Wetland Life History Diversity
Comment 20: ODFW submitted a number of technical comments regarding
the BRT's conclusions about the importance of estuaries to OC coho
salmon. In summary, ODFW felt that the importance of estuaries to OC
coho salmon is somewhat unknown. They questioned whether the BRT may
have overstated the degree to which the loss of estuary habitat is a
limiting factor for this ESU. ODFW noted that the Oregon Watershed
Enhancement Board has funded a substantial amount of estuary
restoration over the last several years. It also provided additional
information about the role estuaries may play in the life cycle of OC
coho salmon.
Response: Both the BRT and ODFW are in agreement that there has
been significant loss of estuary habitat along the Oregon Coast during
the last 100 years. We acknowledge that there is some scientific
disagreement between ODFW and the BRT regarding the severity of the
effect of estuary loss on the viability of the OC coho salmon ESU.
However, the loss of estuary habitat is only one of many factors
affecting the viability of this ESU. In its risk conclusion, the BRT
did not specifically identify estuary loss as one of the primary
sources of risk to this ESU. Even if the BRT were to adopt ODFW's
position on the effect of estuary loss on the viability of this ESU, it
would be unlikely to change the outcome of its overall risk assessment.
Comment 21: In contrast to the previous comment, a reviewer stated
that ``the emphasis given to the importance of estuarine habitat is
moderate and adequate given the information available in the
literature.'' The reviewer noted observing juvenile OC coho salmon
rearing in estuaries and feels that this life history strategy is
fairly common. The reviewer also provided some specific scientific
information to support this statement.
Response: This viewpoint is consistent with the BRT's position on
the importance of estuaries to juvenile OC coho salmon. The BRT revised
its report's section on estuaries to include the information provided
by the reviewer.
Comment 22: One reviewer suggested that a somewhat broader
definition of `life history' in the glossary may be useful. The
reviewer noted that a `life history' encompasses changes experienced
from birth through death, including variation in life history traits,
such as the size and age at maturity and fecundity. The reviewer argued
that traits such as juvenile growth rate and age at ocean emigration
are aspects of species' life history.
Response: We agree and the BRT modified its definition of ``life
history'' as suggested.
Restoration
Comment 23: The ODFW and Oregon Watershed Enhancement Board
commented that in our proposed rule, we underestimated the variety and
effectiveness of habitat and watershed process restoration efforts.
ODFW also stated that we did not consider the information contained in
an effectiveness monitoring report demonstrating the results of several
projects designed to increase the amount of woody debris in stream
reaches.
Response: In the BRT report and proposed rule, we stated that an
analysis conducted by the BRT showed that habitat restoration efforts
are not well matched with habitat limiting factors in some areas
including the
[[Page 35760]]
Umpqua Basin. The comments submitted by ODFW contained a number of
technical points regarding our statements about restoration efforts
matching restoration needs. After reviewing these comments, we decided
that the BRT habitat restoration analysis needed further consideration.
We decided not to consider the results of the BRT's analysis when we
evaluated efforts being made to protect the OC coho salmon ESU.
Instead, we acknowledge that a number of restoration projects are
occurring throughout the range of this ESU, and we expect that they
will have benefits to ESU viability some time in the future. However,
we do not have information available that would allow us to predict or
quantify these future improvements to ESU viability. Similarly, we
acknowledge that the information submitted by ODFW demonstrates that
restoration efforts can increase the amount of woody debris in stream
reaches and improve habitat complexity. We also agree with ODFW that
these improvements are likely to lead to improved survival of OC coho
salmon juveniles. However, these improvements will occur primarily at a
stream-reach scale (several hundred to several thousand meters
maximum). There is currently a lack of scientific information that
would allow us to scale the positive collective effects of multiple
restoration projects up to the population, strata, or ESU level. We are
working with ODFW and our other Federal, State, and tribal co-managers
to develop monitoring programs and databases that would assist us in
developing these types of analyses in the future.
Even when this information becomes available, we have reason to
believe that relying on active restoration to mitigate for the effects
of ongoing land management that degrades OC coho salmon habitat is not
feasible. The one recent study that has examined this issue (Roni et
al., 2010) used a new technique to estimate the amount of restoration
needed within a watershed to cause a significant increase in steelhead
and coho salmon production. These authors found that the percentage of
floodplain and in-channel habitat that would have to be restored in a
modeled watershed to detect a 25 percent increase in coho salmon and
steelhead smolt production was 20 percent. Although 20 percent may seem
like a low value, restoring 20 percent of floodplain and in-channel
habitat in any disturbed watershed in the Pacific Northwest would be
very costly (Roni et al., 2010). The results of this study highlight
the need to protect high quality habitat while strategically improving
degraded areas with active restoration.
Comment 24: Another commenter noted that the BRT's analysis of
match between habitat restoration efforts and habitat limiting factors
``* * * has the potential to provide useful guidance to local groups
performing restoration, but some logical lapses affect the conclusions
drawn here.'' The commenter stated that the level of detail provided
``* * * is insufficient to fully evaluate the methods, or to make good
use of the results at the local level.''
Response: As stated above, we will no longer be considering the
results of the BRT's assessment of habitat restoration in the Umpqua in
our evaluation of protective efforts for this ESU. We do believe
however, that this type of analysis would be appropriate for
consideration during development of a recovery plan for this ESU.
Comment 25: One reviewer pointed out the need for ``* * * a way in
which future effects of restoration (again, on an ESU-wide basis) could
be similarly quantified * * *'' The reviewer also noted the ``* * *
pressing need to determine whether habitat is currently being lost or
damaged faster than it can be restored or rehabilitated, particularly
because so much money is being spent on recovering salmon habitat based
on the belief that long-term improvement can be achieved at very large
spatial scales.''
Response: We agree with the reviewer's statement that there is a
need for a way in which future effects of restoration could be
similarly quantified. As noted above, we are working with our co-
managers to develop monitoring programs and data collection systems
that will aide us in conducting these types of analyses in the future.
In the absence of this information, we must look at measures of ESU
viability to determine if restoration efforts are lowering ESU
extinction risk.
Artificial Propagation
Comment 26: One commenter noted that the BRT report's section on
artificial propagation and membership of hatchery programs in the ESU
would benefit from more information.
Response: We agree that the addition of more information would help
to clarify this section. The BRT revised its report to include more
detail in this section. We must note however, that hatchery production
has been significantly curtailed in this ESU and no longer represents a
significant limiting factor for most populations in the ESU. There are
only three remaining hatchery programs within the range of this ESU.
Release numbers have been reduced 10-fold in recent years,
substantially reducing interactions between hatchery and wild fish.
Beavers
Comment 27: One commenter stated that the habitat benefits beavers
(Castor canadensis) provide are landscape-context specific. The
commenter noted that beavers occur within the ESU in a variety of
contexts, from brackish estuarine marshes, to lakes, to large mainstem
rivers, to smaller tributaries, and the ways in which they may alter
this type of aquatic habitat varies considerably. The commenter also
stated that beavers are differentially vulnerable to trappers. For
instance, beavers tend to be more vulnerable to trappers in headwater
areas as opposed to large mainstem rivers.
Response: The BRT revised its report's section on beavers to
reflect the information provided by the commenter.
Comment 28: One commenter stated that the BRT's report properly
reviewed the legal status of beaver protection in Oregon, but failed to
identify cougar predation as a cause of observed beaver declines.
Response: We agree with the commenter in part. Estimated cougar
populations have increased since the 1970s over the entire State of
Oregon from approximately 214 to over 2,800 individuals by 1992
(Keister and VanDyke, 2002). However, nothing in the literature
suggests that predation on beaver is a primary cause for reduction in
beaver population. The majority of studies identify deer and elk as the
primary food source for cougars (Ackerman et al., 1984).
Comment 29: One commenter noted that many riparian areas throughout
the range of the OC coho salmon ESU have been colonized by invasive
Reed canarygrass (Phalaris arundinacea). The commenter points out that
this plant can out-compete trees and shrubs that provide food for
beavers. This colonization may disrupt the natural cycle of consumption
of shrubs and trees in a given area by beavers followed by recovery of
this vegetation as beavers leave the area in search of food elsewhere.
Response: We agree that invasion of riparian areas by Reed
canarygrass may pose a threat to beaver food supply. In response to
this comment, the BRT noted that more aggressive management actions may
be needed to deal with Reed canarygrass as evidenced by recent work
that suggests plantings and natural
[[Page 35761]]
vegetation alone cannot control it. The BRT's report highlights the
importance of beavers to the formation and maintenance of habitat for
juvenile OC coho salmon.
Comment 30: One reviewer noted that based on the information
provided in the BRT report, they could not tell if cycles or trends in
beaver activity are evident. The reviewer stated that they thought
there was not good evidence for a trend of any kind.
Response: In response to this comment, the BRT added the following
statement to the beaver section of their report: ``Due to the limited
dataset we cannot conclude that there is an overall trend and would
recommend a more extensive monitoring effort be pursued to identify
short and long-term trends throughout the Oregon Coast Coho Salmon
ESU.''
Comment 31: One reviewer noted that some research (Pollack et al.,
2003) cited in the section on beavers in the BRT report was conducted
in Washington state and is useful for comparison purposes but is not
directly relevant to the OC coho salmon ESU.
Response: This observation is correct in that the study sites for
this research were in Washington. The BRT added a paragraph to its
report's section on beavers to address this issue. The BRT noted that
the areas where beaver pond density is highest typically have the same
physical characteristics regardless of the ecological region--lower
gradient (less than 2 percent), unconfined valley bottoms, in smaller
watersheds (drainage areas typically less than 10 square kilometers).
Smaller, lowland, rain-dominated Puget Sound watersheds have the same
basic physical and hydrological characteristics as the smaller Oregon
coast watersheds, thus the relationships we see with respect to beaver
pond densities in Puget Sound should also hold true for the Oregon
coast.
Forest and Agriculture Conversion
Comment 32: One reviewer suggested that the BRT report would
benefit from a discussion of floodplain development and storm water
issues.
Response: We agree that floodplain development and storm water
management have the potential to affect water quality, peak/base stream
flow and several physical habitat parameters for OC coho salmon.
Although these threats may not have been specifically discussed in the
initial BRT report, we did note in the proposed rule that
``Urbanization has resulted in loss of streamside vegetation and added
impervious surfaces, which alter normal hydraulic processes.'' We also
stated in the proposed rule that ``Stormwater and agricultural runoff
reaching streams is often contaminated by hydrocarbons, fertilizers,
pesticides, and other contaminants.'' Nevertheless, in response to the
reviewer's suggestion, the BRT added information on how these threats
affect OC coho salmon habitat.
Comment 33: One commenter stated that land use conversion trends
may be more complex than described in the BRT report. The commenter
noted that several types of land use conversion beyond those described
in the BRT report, such as agricultural to forest land, and serious
agriculture operation to hobby farm, are occurring throughout the range
of this ESU. The commenter also noted that residential development is
occurring along many reaches of larger rivers in this area, and this
may lead to increased recreational fishing.
Response: We agree that a variety of land use conversions are
occurring throughout the range of this ESU. The BRT revised its report
to include some of the land use conversion types identified in this
comment. We also agree that greater human development, especially in
riparian areas, could lead to degradation of OC coho salmon habitat. It
becomes difficult to predict with any certainty, however, how some of
the less common land use conversions (such as serious agricultural
operation to hobby farm) would affect coho salmon habitat. The
particular management changes resulting from these types of land use
conversions can be expected to vary on a case-by-case basis depending
on the desired outcomes of a particular land owner. For this reason, it
is best to evaluate general trends in land use conversions when trying
to predict how these conversions may affect OC coho salmon habitat.
This is consistent with the approach taken by the BRT.
Comment 34: One reviewer noted that the BRT report's section on
land use conversion did not contain significant information on some of
the secondary effects of residential development- water quality
degradation from septic drainage, fertilizers and pesticides, and
pharmaceuticals. The reviewer noted that there is a great deal of
uncertainty about these effects and that a new report on this topic was
expected soon from the State of Oregon Independent Multidisciplinary
Science Team.
Response: We agree that these secondary effects from residential
development may pose a threat to the OC coho salmon ESU. The report of
the Independent Multidisciplinary Science Team became available shortly
after the publication of the initial BRT report and proposed rule. The
BRT discussed this report and agreed with the conclusions of the
report, namely that ``The pressures of urban and rural residential land
use affect aquatic ecosystems and salmonids through alterations of, and
interactions among, hydrology, physical habitat structure, water
quality, and fish passage. These alterations occur at local and,
especially, watershed scales, and thus require study and management at
multiple scales. Urban and rural residential development causes
profound changes to the pathways, volume, timing, and chemical
composition of stormwater runoff. These changes alter stream physical,
chemical, and biological structure and potential, as well as the
connectivity of streams with their watersheds'' (IMST, 2010). The BRT
updated its report to reflect this new information.
Comment 35: Several reviewers noted that climate change, invasion
of exotic organisms, and increasing human development may lead to
drastic changes in riparian and aquatic communities throughout the
range of this ESU.
Response: In response to these comments, the BRT discussed this
issue more fully, and expanded discussions and literature citations are
included in its revised report in the ``Ecosystem Impacts of Non-
indigenous Species,'' ``Non-indigenous Plant Species,'' and ``Non-
indigenous Fish'' sections.
Data Used in Risk Assessment
Comment 36: One reviewer noted that it would be useful for the BRT
to identify key data gaps in their risk assessment.
Response: The BRT revised its report to identify some of the key
data gaps. For instance, the BRT noted data gaps regarding beaver
populations, fish passage, and road density on private lands.
Comment 37: One commenter suggested that NMFS use annual spawner
returns to the North Umpqua River as an indicator of population status
throughout the ESU.
Response: We believe that evaluating the status of an entire ESU
from dam counts for a single population ignores differences in
populations within the ESU, such as the diversity found in the Lakes
populations, and in the geology and hydrology of other systems. It
would essentially restrict our analysis to a small amount of
information while ignoring the substantial amount of other information
available to us. The suggested approach does not take into account that
the habitat in the North Umpqua population is not typical of the rest
of the ESU, nor does it reflect the
[[Page 35762]]
diversity of other habitats found in the ESU. Also, as noted above, the
North Umpqua return data have been influenced by hatchery production
and thus do not reflect the status of natural populations and their
habitats.
Comment 38: One commenter stated that the BRT made several key
assumptions about future marine conditions that are not consistent with
the known variability in ocean conditions and adopted an overall
pessimistic view about future ocean conditions. The commenter stated
that the BRT could have used data on this known variability to assess
marine conditions in both intra-annual and inter-decadal time frames.
Response: The commenter did not identify which particular key
assumptions about future marine conditions were questionable, so it is
difficult to respond to this comment. However, any assumptions made by
the BRT are consistent with the scientific literature regarding marine
survival of coho salmon. The BRT agrees that fluctuations in marine
conditions (including the Pacific Decadal Oscillation and other
factors) strongly affect survival of OC coho salmon, and has accounted
for such fluctuations in its analyses.
Comment 39: One commenter stated that the BRT should have
considered data on climate conditions as evidenced by patterns of tree
ring growth.
Response: The BRT did examine the historical record and recognized
that there are strong climate driven fluctuations in abundance and
productivity. These fluctuations are accounted for in both the
Technical Recovery Team criteria and the BRT risk assessment.
Recommendations for Management
Comment 40: One reviewer noted the lack of any recommendations for
future management within the BRT's report. The commenter thought
inclusion of these recommendations would be logical and desirable.
Response: The BRT was tasked with reviewing the status of the OC
coho salmon ESU. Specifically, the BRT was asked to assess the level of
extinction risk for this ESU and identify the threats facing this ESU
(letter from Barry Thom, Acting Regional Administrator, to Usha
Varanasi, Science and Research Director of the Northwest Fisheries
Science Center, August 13, 2009). Site-specific management actions
designed to help conserve the OC coho salmon ESU will be identified in
a forthcoming recovery plan for this species.
Predation
Comment 41: One reviewer noted that the BRT report's section on
predation was dated. The reviewer recommended some reports for the BRT
to consider.
Response: The BRT updated its discussion of predation with new
(Johnson et al., 2010) as well as older relevant literature (Schreck et
al., 2002; Clements and Schreck, 2003), as well as a recent population
assessment of double crested cormorants within the ESU and other
sources of information. The BRT concluded that the significant
increases in avian predation on salmonids appears to be restricted to
the Columbia River System and does not affect the OC coho salmon ESU.
The Columbia River salmon ESUs suffer the greatest impact because the
birds (Caspian terns and double-crested cormorants) have established
large nesting colonies in close vicinity to the mainstem Columbia
River.
Determination of Species Under the ESA
We are responsible for determining whether species, subspecies, or
distinct population segments (DPSs) of Pacific salmon and steelhead are
threatened or endangered under the ESA. To identify the proper
taxonomic unit for consideration in a listing determination for salmon,
we use our Policy on Applying the Definition of Species under the ESA
to Pacific Salmon (ESU Policy) (56 FR 58612). Under this policy,
populations of salmon substantially reproductively isolated from other
conspecific populations and representing an important component in the
evolutionary legacy of the biological species are considered to be an
ESU. In our listing determinations for Pacific salmon under the ESA, we
have treated an ESU as constituting a DPS, and hence a ``species,''
under the ESA.
The OC coho salmon ESU was identified as one of six West Coast coho
salmon ESUs in a coast-wide coho status review published by NMFS in
1995 (Weitkamp et al., 1995). Weitkamp et al. (1995) considered a
variety of factors in delineating ESU boundaries, including
environmental and biogeographic features of the freshwater and marine
habitats occupied by coho salmon, patterns of life-history variation
and patterns of genetic variation, and differences in marine
distribution among populations based on tag recoveries. Regarding the
OC coho salmon ESU, Weitkamp et al. (1995) concluded that Cape Blanco
to the south and the Columbia River to the north constituted
significant biogeographic and environmental transition zones that
likely contributed to both reproductive isolation and evolutionary
distinctiveness for coho salmon inhabiting opposite sides of these
features. These findings were reinforced by discontinuities in the
ocean tag recoveries at these same locations. The available genetic
data also indicated that OC coho salmon north of Cape Blanco formed a
discrete, although quite variable, group compared to samples from south
of Cape Blanco or the Columbia River and northward.
The BRT evaluated new information related to ESU boundaries, and
found evidence that no ESU boundary changes are necessary (Stout et
al., 2011). The basis for its conclusion is that the environmental and
biogeographical information considered during the first coast-wide BRT
review of coho salmon (Weitkamp et al., 1995) remains unchanged, and
new tagging and genetic analysis published subsequent to the original
ESU boundary designation continues to support the current ESU
boundaries. The BRT also evaluated ESU membership of fish from hatchery
programs since the last BRT review (Good et al., 2005). In doing so, it
applied our Policy on the Consideration of Hatchery-Origin Fish in ESA
Listing Determinations (70 FR 37204; June 28, 2005). The BRT noted that
many hatchery programs within this ESU have been discontinued since the
first review of coast-wide status of coho salmon (Weitkamp et al.,
1995). They identified only three programs--the North Fork Nehalem,
Trask (Tillamook basin) and Cow Creek (South Umpqua)--that produce coho
salmon within the boundaries of this ESU.
The North Fork Nehalem coho stocks are managed as an isolated
harvest program. Natural-origin fish have not been intentionally
incorporated into the brood stock since 1986, and only adipose fin
clipped brood stock have been taken since the late 1990s. Because of
this, the stock is considered to have substantial divergence from the
native natural population and is not included in the OC coho salmon
ESU. The Trask (Tillamook population) coho salmon stock is also managed
as an isolated harvest program. Natural-origin fish have not been
incorporated into the brood stock since 1996 when all returns were mass
marked. Therefore, this stock is considered to have substantial
divergence from the native natural population and, based on our Policy
on the Consideration of Hatchery-Origin Fish in ESA Listing
Determinations, is not included in the OC coho salmon ESU. The Cow
Creek stock (South Umpqua population) is managed as an integrated
program and is included as
[[Page 35763]]
part of the ESU because the original brood stock was founded from the
local natural origin population and natural-origin coho salmon have
been incorporated into the brood stock on a regular basis. This brood
stock was founded in 1987 from natural-origin coho salmon returns to
the base of Galesville Dam on Cow Creek, a tributary to the South
Umpqua River. Subsequently, brood stock has continued to be collected
from returns to the dam, with natural-origin coho salmon comprising 25
percent to 100 percent of the brood stock nearly every year since
returning fish have been externally tagged. The Cow Creek stock is
probably no more than moderately diverged from the local natural-origin
coho salmon population in the South Umpqua River because of these brood
stock practices and is therefore considered a part of this ESU.
Updated BRT Extinction Risk Assessment
The BRT conducted an extinction risk assessment for the OC coho
salmon ESU considering available information on trends in abundance and
productivity, genetic diversity, population spatial structure, and
diversity. It also considered marine survival rates, trends in
freshwater habitat complexity, and a variety of threats to this ESU,
such as possible effects from global climate change. We received a
substantial amount of information during the public comment period
regarding the BRT risk assessment. One peer reviewer of the BRT report
also had numerous comments on the risk assessment. After considering
this information, the BRT decided to revise its risk assessment, and
conduct its risk voting again, considering this new information.
The BRT noted that spawning escapements in some recent years have
been the highest in the past 60 years. This is attributable to a
combination of management actions and environmental conditions. In
particular, harvest has been strongly curtailed since 1994, allowing
more fish to return to the spawning grounds. Hatchery production has
been reduced to a small fraction of the natural-origin production.
Nickelson (2003) found that reduced hatchery production led directly to
higher survival of naturally produced fish, and Buhle et al. (2009)
found that the reduction in hatchery releases of OC coho salmon in the
mid-1990s resulted in increased natural coho salmon abundance. Ocean
survival, as measured by smolt to adult survival of Oregon Production
Index area hatchery fish, generally started improving for fish
returning in 1999 (Stout et al., 2011). In combination, these factors
have resulted in the highest spawning escapements since 1950, although
total abundance before harvest peaked at the low end of what was
observed in the 1970s (Stout et al., 2011).
The BRT applied the DSS of the Technical Recovery Team (Wainwright
et al., 2008) to help assess viability and risk level for this ESU. Our
proposed rule discusses the DSS in detail. The BRT updated the DSS with
data through 2009. In the process of compiling data for the four years
since the Technical Recovery Team analysis, the BRT discovered and
reconciled several inconsistencies related to the data that are inputs
into the DSS. For this reason the DSS results reported by the BRT are
not directly comparable to the results presented in the Technical
Recovery Team's report (Wainwright et al., 2008). The DSS results from
the Technical Recovery Team's report are presented in the BRT report
for historical comparison but were not used by the BRT in its
deliberations. Data used in the updated DSS analysis were provided by
ODFW.
The DSS result for ESU persistence was 0.34. A value of 1.0 would
indicate complete confidence that the ESU will persist for the next 100
years, a value of -1.0 would indicate complete certainty of failure to
persist, and a value of 0 would indicate no certainty of either
persistence or extinction. The BRT therefore interpreted a value of
0.34 to indicate a moderate certainty of ESU persistence over the next
100 years, assuming no future trends in factors affecting the ESU. The
DSS result for ESU sustainability was 0.24, indicating a low-to-
moderate certainty that the ESU is sustainable for the foreseeable
future, similarly assuming no future trends in factors affecting the
ESU. The overall ESU persistence and sustainability scores summarize a
great deal of variability in population and stratum level information
on sustainability.
New Habitat Trend Analysis
In our proposed rule, we summarized the BRT's analyses of habitat
complexity across the freshwater habitat of this ESU. We received a
number of comments from ODFW regarding this analysis. Scientists from
our Northwest Fisheries Science Center and ODFW formed a working group
to resolve the technical issues identified in the ODFW comments. A
brief background on this issue is provided below.
Over the past decade (1998 to present), the ODFW has monitored
wadeable streams (streams that would be shallow enough to wade across
during survey efforts) to assess freshwater rearing habitat for the OC
coho salmon ESU during the summer low flow period (Anlauf et al.,
2009). The goal of this program is to measure the status and trend of
habitat conditions throughout the range of the ESU. The following
variables related to the quality and quantity of aquatic habitat for
coho salmon were monitored: Stream morphology, substrate composition,
instream roughness, riparian structure, and winter rearing capacity
(Moore, 2008). In 2009, scientists from ODFW and scientists from the
BRT independently analyzed these data to answer the question ``Has
juvenile coho habitat changed during ODFW's monitoring program over the
past 11 years?'' These analyses reached different conclusions, and the
discrepancies between the results prompted the formation of the
interagency working group.
The working group found that the most important discrepancy between
the BRT analysis and the ODFW analysis (Anlauf et al., 2009) was that
different subsets of the ODFW habitat monitoring data were used. The
ODFW analysis focused only on sites designated as coho salmon spawning
or rearing habitat (1st through 3rd order wadeable streams and below
fish passage barriers; Anlauf et al., 2009). In contrast, the BRT's
analysis had included sites both within and outside of the area
recognized as spawning and rearing habitat for coho salmon. Both
approaches are biologically reasonable, but the working group agreed
that a common dataset should be used in the joint analysis and that
initially only spawning or rearing sites within the OC coho salmon ESU
be included for the working group report. Subsequently, the BRT also
analyzed the upstream areas in a separate analysis, because these areas
also affect water quality and habitat (e.g., large wood) in downstream
areas where coho spawning and rearing occur.
The working group also explored whether differences in the two
group's modeling approaches led to significant differences in the
results, and concluded that when the same data were used, any
differences in modeling approach led to at most minor differences in
results. These issues are discussed in detail in the BRT report.
In the BRT's original habitat trend analysis, three measures of
habitat complexity were assessed: Winter parr capacity, summer parr
capacity, and channel score (AREMP). In addition to winter parr
capacity, ODFW also examined trends in large woody debris, and fine
organic sediment (Anlauf et al., 2009). The working group agreed that
the three measures of complexity would
[[Page 35764]]
be re-analyzed, in addition to the volume of large woody debris, and
fine organic sediment in riffles.
Trend estimates were mixed and vary both among metrics and regions.
Habitat complexity and summer parr capacity were decreasing in the
Umpqua but increasing in the other regions. Winter parr capacity
trended flat in the North Coast and Mid-Coast, but declined in the Mid-
South and Umpqua. For the percent of fine sediment in riffles, there
appear to be declines in the North and Mid-Coast, a positive trend in
the Mid-South, and little change in the Umpqua. Large wood volume
appears to have declined in the North Coast and Umpqua, and increased
in the Mid-Coast and Mid-South regions.
In contrast to the coho rearing areas, trends in upstream areas
were more pronounced. In particular, large woody debris declined
substantially in all regions. Trends in sediment were mixed, with
increases in the Mid-Coast and Mid-South, and declines in the North
Coast and Umpqua
The BRT was impressed with the ODFW habitat monitoring program and
believes it is an invaluable source of information on freshwater
habitat trends on the Oregon coast. The results from the working group
were encouraging in that they resolved some clear discrepancies between
earlier analyses. The BRT concluded that the results paint a complex
picture of habitat trends along the Oregon coast. Some trends, such as
the increase in habitat complexity and summer parr capacity