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Federal Register / Vol. 86, No. 49 / Tuesday, March 16, 2021 / Notices
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Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are a part of the public record and will generally be posted for public viewing on https www.regulations.gov without change. All personal identifying information e.g., name, address, etc., confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments enter N/A in the required fields if you wish to remain anonymous.
Electronic copies of the petition and other materials are available from the NMFS website at www.fisheries.noaa.gov/rules-andregulations.
FOR FURTHER INFORMATION CONTACT: Gary Rule, NMFS West Coast Region, at gary.rule@noaa.gov, 503 2305424; or Heather Austin, NMFS Office of Protected Resources, at heather.austin@
noaa.gov, 301 4278422.
SUPPLEMENTARY INFORMATION:
Background On May 4, 2020, the Secretary of Commerce received a petition from Richard K. Nawa hereafter, the Petitioner to identify SONCC springrun Chinook salmon as a separate ESU
and list the ESU as threatened or endangered under the ESA. Previously, in 1999, we identified the SONCC
Chinook salmon ESU as including both spring-run and fall-run Chinook salmon and determined that the ESU did not warrant listing as threatened or endangered under the ESA 64 FR
50394; September 16, 1999. The Petitioner is requesting that SONCC
spring-run Chinook salmon be considered as a separate ESU and listed as threatened or endangered. The Petitioner asserts that new research into the genomic basis for premature migration in salmonids demonstrates that significant genetic differences underlie the springand fall-run life history types, and that the unique evolutionary lineage of spring-run Chinook salmon warrants their listing as a separate ESU. The Petitioner also requests the designation of critical habitat for SONCC spring-run Chinook salmon concurrent with ESA listing.
The petition includes an overview of new research into the genomic basis for premature migration in salmonids, as well as general biological information about SONCC spring-run Chinook salmon including their distribution and range, life history characteristics, habitat
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requirements, as well as basin-level population status and trends and factors contributing to the populations status.
Copies of the petition are available as described above see ADDRESSES, above.
ESA Statutory, Regulatory, and Policy Provisions, and Evaluation Framework Section 4b3A of the ESA of 1973, as amended 16 U.S.C. 1531 et seq., requires, to the maximum extent practicable, that within 90 days of receipt of a petition to list a species as threatened or endangered, the Secretary of Commerce make a finding on whether that petition presents substantial scientific or commercial information indicating that the petitioned action may be warranted, and to promptly publish such finding in the Federal Register 16 U.S.C. 1533b3A. When it is found that substantial scientific or commercial information in a petition indicates the petitioned action may be warranted a positive 90-day finding, we are required to promptly commence a review of the status of the species concerned during which we will conduct a comprehensive review of the best available scientific and commercial information. In such cases, we conclude the review with a finding as to whether, in fact, the petitioned action is warranted within 12 months of receipt of the petition. Because the finding at the 12-month stage is based on a more thorough review of the available information, as compared to the narrow scope of review at the 90-day stage, a positive 90-day finding does not prejudge the outcome of the status review.
Under the ESA, a listing determination may address a species, which is defined to also include subspecies and, for any vertebrate species, any distinct population segment DPS that interbreeds when mature 16 U.S.C. 153216. In 1991, we issued the Policy on Applying the Definition of Species Under the Endangered Species Act to Pacific Salmon ESU Policy; 56 FR 58612;
November 20, 1991, which explains that Pacific salmon populations will be considered a DPS, and hence a species under the ESA, if it represents an evolutionarily significant unit of the biological species. The two criteria for delineating an ESU are: 1 It is substantially reproductively isolated from other conspecific populations, and 2 it represents an important component in the evolutionary legacy of the species. The ESU Policy was used to define the SONCC Chinook salmon ESU
in 1999 64 FR 50394; September 16, 1999, and we use it exclusively for defining distinct population segments of
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Pacific salmon. A joint NMFSU.S. Fish and Wildlife Service USFWS jointly, the Services policy clarifies the Services interpretation of the phrase distinct population segment for the purposes of listing, delisting, and reclassifying a species under the ESA
DPS Policy; 61 FR 4722; February 7, 1996. In announcing this policy, the Services indicated that the ESU Policy for Pacific salmon was consistent with the DPS Policy and that NMFS would continue to use the ESU Policy for Pacific salmon.
A species, subspecies, or DPS is endangered if it is in danger of extinction throughout all or a significant portion of its range, and threatened if it is likely to become endangered within the foreseeable future throughout all or a significant portion of its range ESA
sections 36 and 320, respectively, 16
U.S.C. 15326 and 20. Pursuant to the ESA and our implementing regulations, we determine whether species are threatened or endangered based on any one or a combination of the following five section 4a1 factors: The present or threatened destruction, modification, or curtailment of habitat or range;
overutilization for commercial, recreational, scientific, or educational purposes; disease or predation;
inadequacy of existing regulatory mechanisms to address identified threats; or any other natural or manmade factors affecting the species existence 16 U.S.C. 1533a1, 50 CFR
424.11c.
ESA-implementing regulations issued jointly by NMFS and USFWS 50 CFR
424.14h1i define substantial scientific or commercial information in the context of reviewing a petition to list, delist, or reclassify a species as credible scientific or commercial information in support of the petitions claims such that a reasonable person conducting an impartial scientific review would conclude that the action proposed in the petition may be warranted. Conclusions drawn in the petition without the support of credible scientific or commercial information will not be considered substantial information. In reaching the initial 90day finding on the petition, we will consider the information described in sections 50 CFR 424.14c, d, and g if applicable.
Our determination as to whether the petition provides substantial scientific or commercial information indicating that the petitioned action may be warranted will depend in part on the degree to which the petition includes the following types of information: 1
Information on current population status and trends and estimates of
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