Federal Register: September 30, 2009 (Volume 74, Number 188)

DOCID: fr30se09-25 FR Doc E9-23604

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN ID: RIN 0648-XR62

NOTICE: NOTICES

DOCID: fr30se09-25

DOCUMENT ACTION: Notice of Availability.

SUBJECT CATEGORY:

Endangered and Threatened Species; Recovery Plans

DOCUMENT SUMMARY:

The National Marine Fisheries Service (NMFS) announces the adoption of an Endangered Species Act (ESA) recovery plan for the Middle Columbia River Steelhead (Oncorhynchus mykiss) Distinct Population Segment (DPS), which spawns and rears in tributaries to the Columbia River in central and eastern Washington and Oregon. The Plan includes four locally developed management unit plans that address tributary conditions, included as appendices to the Plan, as well as two ``modules'' developed by NMFS to address conditions affecting all steelhead populations in the Columbia River mainstem and estuary the Hydro Module, based on the NMFS 2008 Biological Opinion on the Federal Columbia River Power System (FCRPS BiOP), and the Estuary Module (NMFS 2007). The Plan also incorporates Hatchery and Genetic Management Plans (HGMPs); sitespecific actions in the FCRPS BiOp Reasonable and Prudent Alternative 39 for updating HGMPs, Artificial Production for Pacific Salmon (FCRPS BiOp, Appendix C of Supplemental Comprehensive Analysis, NMFS 2008); and fishery management planning through U.S. v. Oregon for mainstem fisheries, the Pacific Salmon Treaty and Pacific Fishery Management Council guidelines and constraints for marine fisheries, and Fisheries Management Evaluation Plans (FMEPs) and Tribal Resource Management Plans for tributary fisheries.

SUMMARY:

Endangered and Threatened Species; Recovery Plans

SUPPLEMENTAL INFORMATION

Background

Recovery plans describe actions beneficial to the conservation and recovery of species listed under the Endangered Species Act of 1973 (ESA), as amended (16 U.S.C. 1531 et seq.). The ESA requires that recovery plans, to the extent practicable, incorporate: (1) objective, measurable criteria which, when met, would result in a determination that the species is no longer threatened or endangered; (2) site specific management actions necessary to achieve the plan's goals; and (3) estimates of the time required and costs to implement recovery actions. The ESA requires the development of recovery plans for each listed species unless such a plan would not promote its recovery.

NMFS is responsible for developing and implementing ESA recovery plans for listed salmon and steelhead. In so doing, NMFS' goal is to restore endangered and threatened Pacific salmonids to the point that they are again selfsustaining members of their ecosystems and no longer need the protections of the ESA. Local support of recovery plans by those whose activities directly affect the listed species, and whose actions will be most affected by recovery efforts, is essential. NMFS therefore supports and participates in locally led collaborative efforts to develop recovery plans that involve local communities, state, tribal, and Federal entities, and other stakeholders.

NMFS recognizes that to achieve recovery of ESA listed salmon and steelhead in the Columbia River Basin, sitespecific actions addressing all limiting factors and threats (habitat, hydropower, hatcheries, harvest) are necessary. In this recovery plan, the relative impacts of this full range of limiting factors and threats are identified and evaluated, although effective sitespecific actions may be better developed or more feasible to implement in some sectors than in others. At this time, sitespecific management actions are more fully developed for tributary habitat and
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mainstem hydropower than for hatcheries and harvest. Given that habitat protection and restoration actions generally take some time to yield ecosystem responses and improvements in fish populations, it is important to implement actions with more immediate benefits, as well as those whose benefits will accrue in the future.

Hatchery and harvest actions developed in other management processes will be important for recovery. For hatcheries, sitespecific actions are being developed pursuant to the 2008 FCRPS Biological Opinion, which requires updated Hatchery and Genetic Management Plans for all facilities that affect listed salmon and steelhead in the Columbia Basin. Mainstem fisheries in the Columbia River will be implemented consistent with the recently completed U.S v. Oregon Agreement, which extends through 2017. Tributary fisheries are subject to Fishery Management and Evaluation Plans and Tribal Resource Management Plans, many of which are now under review or scheduled for completion in the near future. Ocean fisheries are managed according to the Pacific Salmon Treaty and Pacific Fishery Management Council guidelines and constraints. Such plans have been and will be developed to be consistent with recovery plans, section 7(a)(2), and other ESA requirements. NMFS will continue to monitor these plans, using adaptive management, to assess implementation progress and consistency with recovery plans.

The Plan

This Plan is the product of a collaborative process initiated by NMFS with assistance from the Middle Columbia Recovery Forum, a group convened by NMFS to provide input on the development of the DPS recovery plan. Participants include representatives of the Oregon Department of Fish and Wildlife (ODFW), Washington Department of Fish and Wildlife (WDFW), the Yakama Nation, Confederated Tribes of the Warm Springs Indian Reservation, Confederated Tribes of the Umatilla Indian Reservation, Washington Governor's Salmon Recovery Office, Oregon Governor's Natural Resources Office, Snake River Salmon Recovery Board (SRSRB), Yakima Basin Fish and Wildlife Recovery Board (YBFWRB), U.S. Bureau of Reclamation (BOR), U.S. Fish and Wildlife Service (USFWS), U.S. Forest Service (USFS), U.S. Army Corps of Engineers (COE), U.S. Bureau of Land Management (BLM), Klickitat County, and NMFS Northwest Region. The goal was to produce a plan that meets ESA requirements for recovery plans as well as the State of Washington's recovery planning outline and guidance (www.governor.wa.gov/gsro/) and the State of Oregon's Native Fish Conservation Policy guidance (http:// ftp.dfw.state.or.us/fish/nfcp/nfcp.pdf).

Recovery Domains and Technical Recovery Teams

For the purpose of recovery planning for the 19 ESAlisted species of Pacific salmon and steelhead in the Pacific Northwest, NMFS Northwest Region designated five geographically based ``recovery domains.'' The Middle Columbia steelhead DPS spawning range is in the Interior Columbia domain. For each domain, NMFS appointed a team of scientists, nominated for their geographic and species expertise, to provide a solid scientific foundation for recovery plans. The Interior Columbia Technical Recovery Team (ICTRT), which contributed to this Plan, included biologists from NMFS, states, tribes, and academic institutions.

All the TRTs used the same biological principles for developing their recommendations for ESU/DPS and population viability criteria. These principles are described in a NMFS technical memorandum, Viable Salmonid Populations and the Recovery of Evolutionarily Significant Units (McElhany et al., 2000). Viable salmonid populations (VSP) are defined in terms of four parameters: abundance, productivity or growth rate, spatial structure, and diversity. A viable ESU/DPS is naturally selfsustaining, with a high probability of persistence over a 100year time period.

Management Units

In each domain, NMFS worked with state, tribal, local, and other Federal entities to develop planning forums that build to the extent possible on ongoing, locally led recovery efforts. NMFS defined ``management units'' based on jurisdictional boundaries as well as areas where local planning efforts were underway. The Middle Columbia management units are the following: (1) Oregon; (2) Washington Gorge, which, in turn, is subdivided into three planning areas (White Salmon, Klickitat, and Rock Creek); (3) Yakima subbasin; and (4) Southeast Washington. A recovery plan was developed for each management unit; for the Washington Gorge management unit, however, there are three plans, one for each planning area.

The White Salmon plan for steelhead will also contribute to recovery for three other species, the Lower Columbia River Chinook, Lower Columbia River coho, and Columbia River chum, which historically spawned in the White Salmon River watershed. The Lower Columbia River ESA recovery plan is an ecosystem plan that addresses all listed species in the Lower Columbia subbasin; therefore, the White Salmon Plan for Middle Columbia steelhead is not being finalized now; it will become part of the Lower Columbia plan and will be finalized along with that plan in late 2010 or early 2011.

The management unit plans, Appendices AE, are the work of local groups and county, state, Federal, and tribal entities within the Middle Columbia River region. The management unit plans are as follows: (1) Oregon. Conservation and Recovery Plan for Oregon Steelhead Populations in the Middle Columbia River Steelhead Distinct Population Segment (Appendix A).
(2) Washington Gorge: Recovery Plan for the Klickitat Population of the Middle Columbia River Steelhead (Appendix B) and Recovery Plan for the Rock Creek Population of the Middle Columbia River Steelhead (Appendix C).
(3) Yakima Basin. Yakima Steelhead Recovery Plan (Appendix D). (4) Southeast Washington. The Snake River Salmon Recovery Plan for Southeast Washington (Appendix E).

The two modules, Appendices F and G, address all species that use the Columbia River estuary (Estuary Module) and that are affected by the Federal Columbia River Power System (Hydro Module.)

The Draft Plan, including the four management unit plans, two modules, and two scientific reports that provide the scientific basis for the Plan (McClure et al, 2003; ICTRT 2007), was made available for public review as a Proposed Recovery Plan. A notice of availability soliciting public comments on the Proposed Recovery Plan was published in the Federal Register on September 24, 2008 (73 FR 55045). NMFS received 38 comment letters on the Proposed Recovery Plan. An itemized record of all comments is available on the NOAA website. NMFS summarized the public comments, prepared responses, and identified the public comments that prompted revisions to the Plan. The final Plan is now available on the NMFS website at www.nwr.noaa.gov/Salmon Recovery Planning/Recovery Domains/Interior Columbia/Middle Columbia/Index.cfm. [[Page 50167]]

Public hearings were conducted at the following locations, dates, and times:

Goldendale, WA, November 18, 2008, at the Klickitat County PUD building, 6:30 8:30 pm.

Yakima, WA, November 19, 2008, at the Yakima Arboretum, 6:30 8:30 pm.

Walla Walla, WA, November 20, 2008, at the Walla Walla Community College, 6:30 8:30 pm.

John Day, OR, November 6, 2008, U.S. Forest Service Office, 6:30 8:30 p.m.

Redmond, OR, November 12, 2008, Juniper Golf Club, 6:30 8:30 p.m.

Hermiston, OR, November 24, 2008, Stafford Hansel Government Center, 6:30 8:30 p.m.

The Dalles, OR, December 2, 2008, Civic Center Auditorium ,6:30 8:30 p.m.

Portland, OR, December 11, 2008, Metro Regional Government Council Chambers, 6:30 8:30 p.m.

CDs of the DPS plan and the MU plans were available at each public meeting and upon request from Sharon Houghton, at (503) 2305418. Announcements of the public meetings were placed in the local newspapers.

NMFS revised the Plan based on the comments received, and this final version now constitutes the ESA Recovery Plan for Middle Columbia Steelhead.

NMFS intends this plan to assist Federal agencies in fulfilling their section 7(a)(1) obligations. NMFS also expects the Plan to guide NMFS and other Federal agencies in evaluating Federal actions under ESA section 7(a)(2) and other ESA decisions. For example, the Plan will provide greater biological context for evaluating the effects that a proposed action may have on a species. This context will be enhanced by using recovery plan information in ESA section 7 consultations, section 10 habitat conservation plans, and other ESA decisions. Such information includes viability criteria for the DPS, better understanding of and information on limiting factors and threats facing the DPS, better information on priority areas for addressing specific limiting factors, and better geographic context for where the DPS can tolerate varying levels of risk.
DPS Addressed and Planning Area
``Steelhead'' is the name commonly applied to the anadromous (migratory) form of the biological species Oncorhynchus mykiss. The common names of the nonanadromous, or resident, form are rainbow trout and redband trout. When NMFS originally listed the Middle Columbia River steelhead as threatened on March 25, 1999 (64 FR 14517), it was classified as an ``evolutionarily significant unit'' (ESU) of salmonids that included both the anadromous and resident forms. Recently, NMFS revised its species determinations for West Coast steelhead under the ESA, delineating anadromous, steelheadonly ``distinct population segments'' (DPS). NMFS listed the Middle Columbia River steelhead DPS as threatened on January 5, 2006 (71 FR 834). Rainbow trout and redband trout are under the jurisdiction of the states unless they are listed, when they come under the jurisdiction of the U.S. Fish and Wildlife Service (USFWS). This recovery plan addresses steelhead and not rainbow trout, consistent with the 2006 ESA listing decision.

Middle Columbia River steelhead spawn and rear in tributaries to the Columbia River in the Columbia plateau of central and eastern Washington and Oregon. The DPS includes all naturally spawned populations of steelhead in drainages upstream of the Wind River, Washington, and the Hood River, Oregon, up to, and including, the Yakima River, Washington, excluding steelhead from the Snake River Basin (64 FR 14517; 71 FR 849). Most of these populations are summer run; however, the Middle Columbia River steelhead DPS also includes populations of inland winter steelhead in the Klickitat River, White Salmon River, Fifteenmile Creek, and possibly Rock Creek.

Four artificial propagation programs are considered part of the

FOR FURTHER INFORMATION CONTACT

Lynn Hatcher, NMFS Middle Columbia Steelhead Salmon Recovery Coordinator, at 5099628911, or Elizabeth Gaar, NMFS Salmon Recovery Division, at 5032305434.