[Federal Register: October 6, 1998 (Volume 63, Number 193)] [Proposed Rules] [Page 53635-53636] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr06oc98-35] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Parts 222 and 227 [I.D. 081098D] Endangered and Threatened Species; Petition to Delist Pacific Salmon AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. [[Page 53636]] ACTION: Notification of petition finding. ----------------------------------------------------------------------- SUMMARY: NMFS has received a petition to delist all west coast salmon (Oncorhynchus spp.) inhabiting the Pacific Basin, including all rivers and tributaries emptying into the Pacific Basin, from the endangered species list. NMFS has determined that the petition does not contain any new, substantial scientific or commercial information, indicating that the petitioned action may be warranted. DATES: The finding announced in this document was made on September 28, 1998. ADDRESSES: Requests for information concerning this petition should be sent to Chief, Endangered Species Division, Office of Protected Resources, National Marine Fisheries Service, 1315 East West Highway, Silver Spring, MD 20910; telephone: (301)713-1401. FOR FURTHER INFORMATION CONTACT: Lisa Lierheimer at (301)713-1401. SUPPLEMENTARY INFORMATION: Background Section 4(b)(3)(A) of the ESA of 1973, as amended (16 U.S.C et seq.), requires that NMFS make a finding on whether a petition to list, delist, or reclassify a species presents substantial scientific or commercial information to demonstrate that the petitioned action may be warranted. NMFS' standard for substantial information is stated at 50 CFR 424.14(b) as ``that amount of information that would lead a reasonable person to believe that the measure proposed in the petition may be warranted.'' This finding is to be based on all information available to NMFS at the time. To the maximum extent practicable, this finding is to be made within 90 days of the receipt of the petition, and the finding is to be published promptly in the Federal Register. If the finding is positive, NMFS is also required to promptly commence a review of the status of the involved species. NMFS has made a 90-day finding on a petition to delist all Pacific salmon (Oncorhynchus spp.). The petition, dated July 8, 1998, was submitted by Mr. Richard A. Gierak, Director of New Frontiers Institute, Inc., and was received by NMFS on July, 14, 1998. The petitioner requested that NMFS delist all west coast salmon inhabiting the entire Pacific Basin including all rivers and tributaries emptying into the Pacific Basin. The petitioner submitted information from various documents from 1985 through 1998, including NMFS publications, reports, and Federal Register documents of salmon listings, and from personal communications on the primary causative factors in the decline of coho salmon in northern California rivers. The petitioner identifies two categories of major factors contributing to the decline of northern California coho: nature (i.e., floods, fire, drought, El Nino), and human activities (i.e., the Marine Mammal Protection Act and the overpopulation of salmonid predators, the removal of salmonid eggs for hatchery production, and the destruction of estuarine habitats along the coast). Under section 4(a)(1) of the ESA and the listing regulations at 50 CFR 424.11(c), when a species is considered for listing, NMFS must determine whether the species is endangered or threatened due to any one or a combination of the following factors: (1) The present or threatened destruction, modification, or curtailment of its habitat or range; (2) overutilization for commercial, recreational, scientific, or educational purposes; (3) disease or predation; (4) the inadequacy of existing regulatory mechanism; or (5) other natural or manmade factors affecting its continued existence. Under 50 CFR 424.11(d), the factors considered in delisting a species are the same as those used to list a species. A species may be delisted only if the best scientific and commercial data indicates that the species is no longer threatened or endangered for the following reasons: (1) Extinction; (2) recovery (the point at which the purposes of the ESA are no longer required); (3) subsequent investigation reveals that the original data or the interpretation of that data used to list the species was in error. For listed coho salmon, the present condition of the population is a result of long-standing, human-induced conditions (i.e., harvest, habitat degradation, and artificial propagation) that serve to exacerbate the negative effects of adverse environmental conditions (i.e., drought, poor ocean conditions). However, the present conditions of listed coho salmon and the information presented throughout the petition as factors directly attributable to the devastation of salmon populations correspond to the factors listed here, requiring NMFS to list a species under the ESA. Information demonstrating that listed salmon have recovered or that the threats to salmon no longer exist were not presented in the petition. NMFS has reviewed the petition, the literature cited in the petition, and other available literature and information. NMFS finds that the petitioned action does not present substantial scientific or commercial information indicating that delisting Pacific salmon may be warranted. Authority: 16 U.S.C. 1531 et seq. Dated: September 28, 1998. Andrew A. Rosenberg, Acting Assistant Administrator for Fisheries, National Marine Fisheries Service. [FR Doc. 98-26768 Filed 10-5-98; 8:45 am] BILLING CODE 3510-22-F