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Federal Register / Vol. 86, No. 49 / Tuesday, March 16, 2021 / Notices
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Previous Federal Actions On September 16, 1999, following completion of a status review of west coast Chinook salmon O. tshawytscha populations in Washington, Oregon, Idaho, and California, and an updated status review for four Chinook salmon ESUs, NMFS published a final rule to list two Chinook salmon ESUs as threatened under the Endangered Species Act ESA 64 FR 50394. In that final rule, NMFS identified the SONCC
Chinook salmon ESU as composed of coastal populations of springand fallrun Chinook salmon from Euchre Creek, Oregon, through the Lower Klamath River, California inclusive 64 FR
50394. After assessing information concerning Chinook salmon abundance, distribution, population trends, and risks, and after considering efforts being made to protect Chinook salmon, NMFS
determined in that final rule that the Southern Oregon and Northern California Coastal ESU of Chinook salmon did not warrant listing under the ESA.
Evaluation of Petition and Information Readily Available in NMFS Files The petition contains information and assertions in support of designating and listing the spring-run component of the SONCC Chinook salmon ESU as threatened or endangered under the ESA. As discussed above, based on biological, genetic, and ecological information compiled and reviewed as part of the previous status review of Chinook salmon O. tshawytscha populations in Washington, Oregon, Idaho, and California Myers et al., 1998 and the status review update for deferred ESUs of West Coast Chinook Salmon NMFS, 1999, we included all spring-run and fall-run Chinook salmon populations from Euchre Creek, Oregon, through the Lower Klamath River, California, in the SONCC Chinook salmon ESU 64 FR 50394; September 16, 1999. While run-timing was recognized as having a heritable basis, review of genetic data at that time did not identify clear sub-groups associated with migration timing within the SONCC Chinook salmon ESU. Springand fall-run Chinook salmon were found to be separate ESUs in other areas e.g., in the upper Columbia River, Snake River, and Sacramento River drainages. However, in coastal areas life-history and genetic differences between runs were found to be relatively modest, with springand fallrun fish exhibiting similar ocean distribution patterns and genetic characteristics Myers et al., 1998;
NMFS, 1999.

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The Petitioner asserts that spring-run Chinook salmon in the SONCC Chinook salmon ESU have been sufficiently isolated from fall-run Chinook salmon for evolutionarily important differences to have arisen and been maintained. The Petitioner presents new genetic evidence to suggest the SONCC springrun Chinook salmon populations may qualify as a separate ESU from the fallrun populations. The Petitioner asserts that findings from recently published articles on the evolutionary basis of premature migration in Pacific salmon Prince et al., 2017; Davis et al., 2017;
Narum et al., 2018; and Thompson et al., 2019 indicate that spring-run Chinook salmon in the SONCC ESU
should be considered a separate ESU.
Prince et al. 2017 reported on a survey of genetic variation between matureand premature-migrating populations of steelhead and Chinook salmon from California, Oregon, and Washington.
Narum et al. 2018 replicated analysis of loci identified by Prince et al. 2017
as associated with premature and mature migratory phenotypes. Davis et al. 2017 genotyped Chinook salmon within the Siletz River using multiple genetic markers, including neutral markers and adaptive loci associated with migratory timing. Thompson et al.
2019 provide additional information about genetic differentiation between matureand premature-migrating Chinook salmon in the Rogue River, Oregon, and in the Klamath River, California, particularly in response to anthropogenic changes. The Petitioner suggests that the results of these studies indicate that premature migration e.g., spring-run Chinook salmon arose from a single evolutionary event within the species and, if lost, is not likely to reevolve in time frames relevant to conservation planning.
The Petitioner also asserts that the Chinook salmon spring-run life history represents an important component of the evolutionary legacy of the species.
In support of this assertion, the Petitioner describes specific ecological and evolutionary benefits of the life history variation provided by spring-run stocks within the SONCC Chinook salmon ESU. The Petitioner describes how spring-run Chinook salmon tend to spawn higher up in the watershed than fall-run and how this adds to the spatial distribution of the species. The Petitioner notes that the presence of spring-run Chinook salmon in the headwaters could protect SONCC
Chinook salmon from large mortality events due to disease outbreaks, interspecific competition for food and habitat, warm temperatures and low
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flow regimes due to climate change, and temporal unfavorable conditions in the marine environment. The Petitioner asserts that diversity in run timing contributes to the resiliency and stability of salmon populations.
At the 90-day finding stage, we also consider information readily available in our files. We are currently processing another petition that cites the same scientific research in support of a request to identify and list a new coastal spring-run Chinook salmon ESU. On September 24, 2019, the Secretary of Commerce received a petition from the Native Fish Society, Center for Biological Diversity, and Umpqua Watersheds to identify Oregon Coast spring-run Chinook salmon as a separate ESU and list the ESU as threatened or endangered under the ESA. In the Oregon Coast spring-run Chinook salmon petition, the petitioners similarly asserted that findings from recently published articles on the evolutionary basis of premature migration in Pacific salmon Prince et al., 2017; Davis et al., 2017; Narum et al., 2018; and Thompson et al., 2019
indicate that spring-run Chinook salmon in the Oregon Coast ESU should be considered a separate ESU. On April 13, 2020, we published notice of a positive 90-day finding on the petition to list Oregon Coast spring-run Chinook salmon 85 FR 20476 and announced our intent to conduct a status review.
We have reviewed the new genetic information and the information presented by the Petitioner about the evolutionary legacy of spring-run Chinook salmon in the SONCC ESU.
Based on information provided by the Petitioner, as well as information readily available in our files, we find that a reasonable person would conclude that SONCC spring-run Chinook salmon may qualify as an ESU
pursuant to our ESU Policy.
SONCC Spring-Run Chinook Salmon Status and Trends The Petitioner asserts that spring-run Chinook salmon populations in the SONCC ESU have suffered significant declines in numbers from historical abundance. The Petitioner cited findings by Nicholas and Hankin 1989
that all spring-run Chinook salmon populations on the Oregon coast are smaller than fall-run populations and are depressed from historical population sizes. The Petitioner presents data from the Oregon Department of Fish and Wildlife ODFW that indicate a 25-year decline in abundance of spring-run Chinook salmon on the Rogue River 19812006 ODFW 2019. During a 10year period 19701979 that spans the
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