Vol. 77 Monday, No. 63 April 2, 2012

Part II

Department of the Interior

Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition to List the San Francisco Bay-Delta Population of the Longfin Smelt as Endangered or Threatened; Proposed Rule

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DEPARTMENT OF THE INTERIOR FOR FURTHER INFORMATION CONTACT: Furthermore, we found the Sacramento- Mike Chotkowski, Field Supervisor, San San Joaquin River estuary population of Fish and Wildlife Service Francisco Bay-Delta Fish and Wildlife longfin smelt was not a distinct Office (see ADDRESSES); by telephone at population segment (DPS) because we 50 CFR Part 17 916–930–5603; or by facsimile at 916– determined that the population was not 930–5654 mailto:. If you use a biologically significant to the species as [Docket No. FWS–R8–ES–2008–0045: telecommunications device for the deaf a whole, and did not appear to be 4500030113] (TDD), please call the Federal sufficiently reproductively isolated. Endangered and Threatened Wildlife Information Relay Service (FIRS) at On August 8, 2007, we received a and Plants; 12-Month Finding on a 800–877–8339. petition from the Bay Institute, the Petition to List the San Francisco Bay- SUPPLEMENTARY INFORMATION: Center for Biological Diversity, and the Delta Population of the Longfin Smelt Background Natural Resources Defense Council to as Endangered or Threatened list the San Francisco Bay-Delta Section 4(b)(3)(B) of the Endangered (hereafter referred to as the Bay-Delta) AGENCY: Fish and Wildlife Service, Species Act of 1973, as amended (Act) population of the longfin smelt as a DPS Interior. (16 U.S.C. 1531 et seq.), requires that, and designate critical habitat for the ACTION: Notice of 12-month petition for any petition to revise the Federal DPS concurrent with the listing. On finding. Lists of Endangered and Threatened May 6, 2008, we published a 90-day Wildlife and Plants that contains finding (73 FR 24911) in which we SUMMARY: We, the U.S. Fish and substantial scientific or commercial concluded that the petition provided Wildlife Service (Service), announce a information that listing the species may substantial information indicating that 12-month finding on a petition to list be warranted, we make a finding within listing the Bay-Delta population of the the San Francisco Bay-Delta distinct 12 months of the date of receipt of the longfin smelt as a DPS may be population segment (Bay Delta DPS) of petition. In this finding, we will warranted, and we initiated a status longfin smelt as endangered or determine that the petitioned action is: review. On April 9, 2009, we published threatened and to designate critical (1) Not warranted, (2) warranted, or (3) a notice of a 12-month finding (74 FR habitat under the Endangered Species warranted, but the immediate proposal 16169) on the August 8, 2007, petition. Act of 1973, as amended (Act). After of a regulation implementing the We determined that the Bay-Delta review of the best available scientific petitioned action is precluded by other population of the longfin smelt did not and commercial information, we find pending proposals to determine whether meet the discreteness element of our that listing the longfin smelt rangewide species are endangered or threatened, DPS policy and, therefore, was not a is not warranted at this time, but that and expeditious progress is being made valid DPS. We therefore determined that to add or remove qualified species from listing the Bay-Delta DPS of longfin the Bay-Delta population of the longfin the Federal Lists of Endangered and smelt is warranted. Currently, however, smelt was not a listable entity under the Threatened Wildlife and Plants. Section listing the Bay-Delta DPS of longfin Act. smelt is precluded by higher priority 4(b)(3)(C) of the Act requires that we treat a petition for which the requested On November 13, 2009, the Center for actions to amend the Lists of Biological Diversity filed a complaint in Endangered and Threatened Wildlife action is found to be warranted but precluded as though resubmitted on the U.S. District Court for the Northern and Plants. Upon publication of this 12- District of California, challenging the month finding, we will add the Bay- date of such finding, that is, requiring a subsequent finding to be made within Service on the merits of the 2009 Delta DPS of longfin smelt to our determination. On February 2, 2011, the candidate species list. We will develop 12 months. We must publish these 12- month findings in the Federal Register. Service entered into a settlement a proposed rule to list the Bay-Delta agreement with the Center for Biological DPS of longfin smelt as our priorities Previous Federal Actions Diversity and agreed to conduct a allow. We will make any determinations On November 5, 1992, we received a rangewide status review and prepare a on critical habitat during the petition from Mr. Gregory A. Thomas of 12-month finding to be published by development of the proposed listing the Natural Heritage Institute and eight September 30, 2011. In the event that rule. During any interim period, we will co-petitioners to add the longfin smelt the Service determined in the course of address the status of the candidate taxon (Spirinchus thaleichthys) to the List of the status review that the longfin smelt through our annual Candidate Notice of Endangered and Threatened Wildlife does not warrant listing as endangered Review (CNOR). and designate critical habitat in the or threatened over its entire range, the DATES: The finding announced in this Sacramento and San Joaquin Rivers and Service agreed to consider whether any document was made on April 2, 2012. estuary. On July 6, 1993, we published population of longfin smelt qualifies as ADDRESSES: This finding is available on a 90-day finding (58 FR 36184) in the a DPS. In considering whether any the Internet at http:// Federal Register that the petition population of longfin smelt qualifies as www.regulations.gov at Docket Number contained substantial information a DPS, the Service agreed to reconsider [FWS–R8–ES–2008–0045]. Supporting indicating the requested action may be whether the Bay-Delta population of the documentation we used in preparing warranted, and that we would proceed longfin smelt constitutes a DPS. At the this finding is available for public with a status review of the longfin request of the Service, Department of inspection, by appointment, during smelt. On January 6, 1994, we published Justice requested an extension from the normal business hours at the U.S. Fish a notice of a 12-month finding (59 FR Court to allow for a more and Wildlife Service, San Francisco 869) on the petition to list the longfin comprehensive review of new Bay-Delta Fish and Wildlife Office, 650 smelt. We determined that the information pertaining to the longfin Capitol Mall, Sacramento, CA 95814. petitioned action was not warranted, smelt and to seek the assistance of two Please submit any new information, based on the lack of population trend expert panels to assist us with that materials, comments, or questions data for estuaries in Oregon and review. The plaintiffs filed a motion of concerning this finding to the above Washington, although the southernmost non-opposition, and on October 3, 2011, street address. populations were found to be declining. the court granted an extension to March

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23, 2012 for the publication of a new 12- Biology (ppt) is determined as the weight of salts month finding. Nearly all information available on in a solution. For use in this document, the two measurements are essentially Species Information longfin smelt biology comes from either the Bay-Delta population or the Lake equivalent. X2 is defined as the distance Species Description and Taxonomy Washington population. Longfin smelt in kilometers up the axis of the estuary generally spawn in freshwater and then (to the east) from the Golden Gate Longfin smelt measure 9–11 move downstream to brackish water to Bridge to the location where the daily centimeters (cm) (3.5–4.3 inches (in)) rear. The life cycle of most longfin smelt average near-bottom salinity is 2 psu standard length, although third-year generally requires estuarine conditions (Jassby et al. 1995, p. 274; Dege and Brown 2004, p. 51). females may grow up to 15 cm (5.9 in). (CDFG 2009, p. 1). The sides and lining of the gut cavity Longfin smelt in the Bay-Delta may appear translucent silver, the back has Bay-Delta Population spawn as early as November and as late an olive to iridescent pinkish hue, and Longfin smelt are considered pelagic as June, although spawning typically mature males are usually darker in color and anadromous (Moyle 2002, p. 236), occurs from January to April (CDFG than females. Longfin smelt can be although anadromy in longfin smelt is 2009, p. 10; Moyle 2002, p. 36). Longfin smelt have been observed in their distinguished from other smelts by their poorly understood, and certain winter and spring spawning period as long pectoral fins, weak or absent populations are not anadromous and far upstream as Isleton in the striations on their opercular (covering complete their entire life cycle in Sacramento River, Santa Clara shoal in the gills) bones, incomplete lateral line, freshwater lakes and streams (see Lake the San Joaquin system, Hog Slough off Washington Population section below). low numbers of scales in the lateral the South-Fork Mokelumne River, and Within the Bay-Delta, the term pelagic series (54 to 65), long maxillary bones in Old River south of Indian Slough refers to organisms that occur in open (in adults, these bones extend past mid- (CDFG 2009a, p. 7; Radtke 1966, pp. water away from the bottom of the water eye, just short of the posterior margin of 115–119). the eye), and lower jaw extending column and away from the shore. Exact spawning locations in the Delta anterior of the upper jaw (Mcallister Juvenile and adult longfin smelt have are unknown and may vary from year to 1963, p. 10; Miller and Lea 1972, pp. been found throughout the year in year in location, depending on 158–160; Moyle 2002, pp. 234–236). salinities ranging from pure freshwater environmental conditions. However, it to pure seawater, although once past the The longfin smelt belongs to the true seems likely that spawning locations juvenile stage, they are typically consist of the overlap of appropriate smelt family Osmeridae and is one of collected in waters with salinities three species in the Spirinchus genus; conditions of flow, temperature, and ranging from 14 to 28 parts per salinity with appropriate substrate the night smelt (Spirinchus starksi) also thousand (ppt) (Baxter 1999, pp. 189– occurs in California, and the shishamo (Rosenfield 2010, p. 8). Longfin smelt 192). Longfin smelt are thought to be are known to spawn over sandy (Spirinchus lanceolatus) occurs in restricted by high water temperatures, substrates in Lake Washington and northern Japan (McAllister 1963, pp. 10, generally greater than 22 degrees Celsius likely prefer similar substrates for 15). Because of its distinctive physical ° ° ( C) (71 degrees Fahrenheit ( F)) (Baxter spawning in the Delta (Baxter et. al. characteristics, the Bay-Delta population et. al. 2010, p. 68), and will move down 2010, p. 62; Sibley and Brocksmith of longfin smelt was once described as the estuary (seaward) and into deeper 1995, pp. 32–74). Baxter found that a species separate from more northern water during the summer months, when female longfin smelt produced between populations (Moyle 2002, p. 235). water temperatures in the Bay-Delta are 1,900 and 18,000 eggs, with fecundity McAllister (1963, p. 12) merged the two higher. Within the Bay-Delta, adult greater in fish with greater lengths species S. thaleichthys and S. dilatus longfin smelt occupy water at (CDFG 2009, p. 11). At 7 °C (44.6 °F), because the difference in morphological temperatures from 16 to 20 °C (61 to 68 embryos hatch in 40 days (Dryfoos 1965, characters represented a gradual change °F), with spawning occurring in water p. 42); however, incubation time along the north-south distribution rather with temperatures from 5.6 to 14.5 °C decreases with increased water than a discrete set. Stanley et al. (1995, (41 to 58 °F) (Wang 1986, pp. 6–9). temperature. At 8–9.5 °C (46.4–49.1 °F), p. 395) found that individuals from the Longfin smelt usually live for 2 years, embryos hatch at 29 days (Sibley and Bay-Delta population and Lake spawn, and then die, although some Brocksmith 1995, pp. 32–74). Washington population differed individuals may spawn as 1- or 3-year- Larval longfin smelt less than 12 significantly in allele (proteins used as old fish before dying (Moyle 2002, p. millimeters (mm) (0.5 in) in length are genetic markers) frequencies at several 36). In the Bay-Delta, longfin smelt are buoyant because they have not yet loci (gene locations), although the believed to spawn primarily in developed an air bladder; as a result, authors also stated that the overall freshwater in the lower reaches of the they occupy the upper one-third of the genetic dissimilarity was within the Sacramento River and San Joaquin water column. After hatching, they range of other conspecific fish species. River. Longfin smelt congregate in deep quickly make their way to the LSZ via They concluded that longfin smelt from waters in the vicinity of the low salinity river currents (CDFG 2009, p. 8; Baxter zone (LSZ) near X2 (see definition Lake Washington and the Bay-Delta are 2011a, pers comm.). Longfin smelt below) during the spawning period, and conspecific (of the same species) despite develop an air bladder at approximately it is thought that they make short runs 12–15 mm (0.5–0.6 in.) in length and are the large geographic separation. upstream, possibly at night, to spawn able to migrate vertically in the water Delta smelt and longfin smelt hybrids from these locations (CDFG 2009, p. 12; column. At this time, they shift habitat have been observed in the Bay-Delta Rosenfield 2010, p. 8). The LSZ is the and begin living in the bottom two- estuary, although these offspring are not area where salinities range from 0.5 to thirds of the water column (CDFG 2009, thought to be fertile because delta smelt 6 practical salinity units (psu) within p. 8; Baxter 2008, p. 1). and longfin smelt are not closely related the Bay-Delta (Kimmerer 1998, p. 1). Longfin smelt larvae can tolerate taxonomically or genetically (California Salinity in psu is determined by salinities of 2–6 psu within days of Department of Fish and Game (CDFG) electrical conductivity of a solution, hatching, and can tolerate salinities up 2001, p. 473). whereas salinity in parts per thousand to 8 psu within weeks of hatching

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(Baxter 2011a, pers. comm.). However, and back into the Bay-Delta estuary may in Harrison and Pitt Lakes in British very few larvae (individuals less than 20 primarily be feeding on the rich Columbia east of Vancouver (Chigbu mm in length) are found in salinities planktonic food supply in the Gulf of and Sibley 1994, p. 1). These greater than 8 psu, and it takes almost Farallones. Rosenfield and Baxter (2007, populations are not anadromous and 3 months for longfin smelt to reach p. 1290) hypothesize that the movement complete their entire life cycle in juvenile stage. A fraction of juvenile of longfin smelt into the ocean or deeper freshwater. Young longfin smelt feed longfin smelt individuals are believed to water habitat in summer months is at primarily on the copepods Diaptomus, tolerate full marine salinities (greater least partly a behavioral response to Diaphanosoma, and Epischura, with than 8 psu) (Baxter 2011a, pers. comm.). warm water temperatures found during older fish switching over to mysids Longfin smelt are dispersed broadly summer and early fall in the shallows of (Wydoski and Whitney 2003, p. 105). in the Bay-Delta by high flows and south San Francisco Bay and San Pablo Chigbu and Sibley (1994, pp. 11–14) currents, which facilitate transport of Bay (Rosenfield and Baxter 2007, p. found that mysids dominate the diets of larvae and juveniles long distances. 1590). longfin smelt in their second year of life Longfin smelt larvae are dispersed In the Bay-Delta, calanoid copepods (age-1), while amphipods, copepods, farther downstream during high such as Pseudodiatomus forbesi and and daphnia also contributed freshwater flows (Dege and Brown 2004, Eurytemora sp., as well as the cyclopoid substantially to the longfin smelt’s diet. p. 59). They spend approximately 21 copepod Acanthocyclops vernali (no A strong spawning run of longfin smelt months of their 24-month life cycle in common names), are the primary prey of occurs on even years in Lake brackish or marine waters (Baxter 1999, longfin smelt during the first few Washington, with weak runs on odd pp. 2–14; Dege and Brown 2004, pp. 58– months of their lives (approximately years. They spawn at night in the lower January through May) (Slater 2009b, 60). reaches of at least five streams that flow slide 45). Copepods are a type of In the Bay-Delta, most longfin smelt into Lake Washington. Water zooplankton (organisms drifting in the temperatures during spawning were spend their first year in Suisun Bay and water column of oceans, seas, and ° ° ° ° Marsh, although surveys conducted by 4.4 C (40 F) to 7.2 C (45 F) (Wydoski bodies of fresh water). The longfin and Whitney 2003, p. 105). Chigbu and the City of San Francisco collected some smelt’s diet shifts to include mysids first-year longfin in coastal waters Sibley (1994, p. 9) found that female such as opossum shrimp (Neomysis longfin smelt produced between 6,000 (Baxter 2011c, pers. comm.; City of San mercedis) and other small crustaceans Francisco 1995, no pagination). The and 24,000 eggs, while Wydoski and (Acanthomysis sp.) as soon as they are Whitney (2003, p. 105) found that remainder of their life is spent in the large enough (20–30 mm (0.78–1.18 in)) San Francisco Bay or the Gulf of longfin smelt produced between 1,455 to consume these larger prey items, and 1,655 eggs. The reason for the large Farallones (Moyle 2008, p. 366; City of sometime during the summer months of San Francisco 1995, no pagination). difference between the observations of the first year of their lives (CDFG 2009, these two studies is not known. Rosenfield and Baxter (2007, pp. 1587, p. 12). Upstream of San Pablo Bay, 1590) inferred based on monthly survey mysids and amphipods form 80–95 Habitat results that the majority of longfin smelt percent or more of the juvenile longfin from the Bay-Delta were migrating out smelt diet by weight from July through Longfin smelt have been collected in ° of the estuary after the first winter of September (Slater 2009, unpublished estuaries from the Bay-Delta (33 N ° their life cycle and returning during late data). Longfin smelt occurrence is likely latitude) to Prince William Sound (62 fall to winter of their second year. They associated with the occurrence of their N latitude), a distance of approximately noted that migration out of the estuary prey, and both of these invertebrate 1,745 nautical miles (Figure 1). Mean into nearby coastal waters is consistent groups occur near the bottom of the annual water temperatures range from ° ° ° with captures of longfin smelt in the water column during the day under 2.4 C (36.3 F) in Anchorage to 14.1 C ° coastal waters of the Gulf of Farallones. clear water marine conditions. (57.3 F) in San Francisco (NOAA It is possible that some longfin smelt 2011a). The different estuary types that may stay in the ocean and not re-enter Lake Washington Population the longfin smelt is found in and the freshwater to spawn until the end of The Lake Washington population near range of variability of environments their third year of life (Baxter 2011d, Seattle, Washington is considered a where the species has been observed pers. comm.). Moyle (2010, p. 8) states landlocked population of longfin smelt, will be discussed below. that longfin smelt that migrate out of as are the populations of longfin smelt BILLING CODE 4310–55–P

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The origin and geomorphology of little mixing with seawater due to the following the last ice age. Lagoons, West Coast estuaries result from formation of a sill at the mouth (NOAA primarily found in California, occur geologic forces driven by plate tectonics 2011b). Fjords generally have one large where coastal river systems that are and have been modified by glaciations tributary river and numerous small closed to the sea by sand spits for much and sea level rise (Emmett et al. 2000, streams (Emmett et al. 2000, p. 768). of the year are breached during the pp. 766–767). Major classifications of Drowned-river valleys, also termed winter (Emmett et al. 2000, p. 768). The estuaries include fjord, drowned-river coastal plain estuaries, are found rarest type of estuary is the bar-built, valley, lagoon, and bar-built. Fjords primarily in British Columbia, which is formed by a bar and semi- typically are long, narrow, steep-sided Washington, and Oregon, and are the enclosed body of water (Emmett et al. valleys created by glaciation, with dominant type along the west coast, 2000, p. 768). Estuaries have also been moderately high freshwater inflow but occurring as a result of rising sea levels classified by physical or environmental

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variables into Northern Riverine, spawning and rearing habitat for longfin km (216 mi) north of the California Southern California, Northern Estuarine, smelt, but it is likely to be both small border. Wetlands encompass 548 ha Central Marine, Fjord, and Coastal and ephemeral because spawning and (1,353 ac), including 216 ha (534 ac) of Northwest Groups (Monaco et al. 1992, rearing habitat is highly dependent mud flats and 331 ha (819 ac) of tidal p. 253). Longfin smelt have been upon freshwater inflow, and there may marshes (Yaquina Bay Geographic collected from estuaries of all types and be insufficient freshwater flows for Response Plan 2005, p. 2.1). Forty-eight classifications. spawning and rearing in some years percent of the estuary is intertidal The Bay-Delta is the largest estuary on (Moyle 2010, p. 5). A berm encloses the (Brown et al. 2007, p. 6). The estuary the West Coast of the United States mouth of the Russian River during has been modified greatly, being (Sommer et al. 2007, p. 271). The certain times of the year, essentially alternately dredged and filled at modern Bay-Delta bears only a cutting it off from the coastal ocean. different locations as a result of superficial resemblance to the historical This results in a lack of connectivity development. Dredging, industrial, and Bay-Delta. The Bay-Delta supports an with the ocean that could be important residential uses have reduced fish estuary covering approximately 1,235 during dry years. However, in most habitat and water quality in the bay. square kilometers (km2) (477 square years the berm is breached by Dredging disturbs sediment, resulting in miles (mi2)) (Rosenfield and Baxter freshwater flows, which allows longfin increased turbidity and reduced 2007, p. 1577), which receives almost smelt to enter the Russian River and sunlight penetration, which can impact half of California’s runoff (Lehman spawn. native eelgrasses and the benthic 2004, p. 313). The historical island The Eel River drains an area of 3,684 species dependent eelgrass beds for marshes surrounded by low natural mi2 (9,542 km2) and is the third largest breeding, spawning, and shelter levees are now intensively farmed and river in California. Wetlands and tidal (Oberrecht 2011, pp. 1–8). protected by large, manmade structures areas have been reduced 60 to 90 On the Columbia River, dams, dikes, (Moyle 2002, p. 32). The watershed, percent since the 1800s (Cannata and maintenance dredging, and urbanization which drains approximately 40 percent Hassler 1995, p. 1), resulting in changes have all contributed to habitat loss and of the land area of California, has been in tidal influence and a reduction in alterations that have negatively affected heavily altered by dams and diversions, channel connectivity (Downie 2010, p. fish and wildlife populations (Lower and nonnative species now dominate, 15). The estuary is characterized by a Columbia River Estuary Partnership both in terms of numbers of species and small area where freshwater and 2011, p. 1). It is estimated that as much numbers of individuals (Kimmerer saltwater mix (Monaco et al. 1992, p. as 43 percent of estuarine tidal marshes 2004, pp. 7–9). The Bay Institute has 258) and thus provides only limited and 77 percent of tidal swamps in the estimated that intertidal wetlands in the potential longfin rearing habitat. river estuary available for fish species Delta have been diked and leveed so Humboldt Bay is located only 26 km have been lost since 1870 (Columbia extensively that approximately 95 (16 mi) north of the Eel River and is River Estuary Study Taskforce 2006, pp. percent of the 141,640 hectares (ha) approximately 260 mi (418 km) north of 1–30). Sixty square miles of peripheral (350,000 acres (ac)) of tidal wetlands the Bay-Delta. Humboldt Bay is the tidal habitat have been lost to diking, that existed in 1850 are gone (The Bay second largest coastal estuary in filling, and conversion to upland habitat Institute 1998, p. 17). California after the Bay-Delta. However, for industrial and agricultural use since The physical and biological true estuarine conditions rarely occur in 1870 (Columbia River Estuary Study characteristics of the estuary define Humboldt Bay because it receives Taskforce 2006, p. 1). Prior to longfin smelt habitat. The Bay-Delta is limited freshwater input and construction of dams, estuary islands unique in that it contains significant experiences little mixing of freshwater and much of the floodplain were amounts of tidal freshwater (34 km2 (13 and saltwater (Pequegnat and Butler inundated throughout the year, mi2)) and mixing zone (194 km2 (75 1982, p. 39). beginning in December and again in mi2)) habitat (Monaco et al. 1992, pp. The Klamath Basin has been May or June. Dam operations on the 254–255, 258). San Francisco Bay is extensively modified by levees, dikes, Columbia River’s main stem and major relatively shallow and consists of a dams, and the draining of natural water tributaries have substantially reduced northern bay that receives freshwater bodies since the U.S. Bureau of peak river flows. Dikes and levees have inflow from the Sacramento-San Joaquin Reclamation’s Klamath Project, all but eliminated flooding in many low- system and a southern bay that receives designed to improve the region’s ability lying areas. Dredging of shipping little freshwater input (Largier 1996, p. to support agriculture, began in 1905. channels has caused loss of wetlands 69). Dominant fish species are highly These changes to the system have and altered shoreline configuration. salt-tolerant and include the altered the biota of the basin (NRC 2008, Dredging has resulted in large sediment commercially important Pacific sardine p. 16). Over the years, loss of thousands reductions upstream, and the dredged (Sardinops sagax) and rockfish of acres of connected wetlands and open sediments have created islands (Sebastes spp.). Major habitat types water in the Klamath River Basin has downstream. This has likely reduced include riverine and tidal wetlands, greatly reduced habitat value, likely spawning habitat and sheltering sites for mud flat, and salt marsh, with depleting the ability of this area to cycle fish (OWJP 1991, pp. 1–24; Lower substantial areas of diked wetland nutrients and affecting water quality Columbia Fish Recovery Board 2004a, managed for hunting. The sandy (USFWS 2008, p. 55). The river drains pp. 1–192). substrates that longfin smelt are a vast area of 10 million ac (4 million Puget Sound is a large saltwater presumed to use for spawning are ha). Although a large river, the Klamath estuary of interconnected flooded abundant in the Delta. River estuary is characterized by small glacial valleys located at the northwest The Russian River collects water from tidal freshwater and mixing zones corner of the State of Washington. Puget a drainage area of approximately 3,846 (Monaco et al. 1992, p. 258) and thus Sound is about 161 km (100 mi) long, km2 (1,485 mi2), has an average annual provides limited potential longfin smelt covers about 264,179 ha (652,800 ac), discharge of 1.6 million acre-feet, and is rearing habitat. and has over 2,092 km (1,300 mi) of approximately 129 km (80 mi) in length Yaquina Bay is located on the mid- shoreline. Fed by streams and rivers (Langridge et al. 2006, p. 4). Little coastal region of Oregon, 201 km (125 from the Olympic and Cascade information is available on potential mi) south of the Columbia River and 348 Mountains, waters flow out to the

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Pacific Ocean through the Strait of Juan productive food chain. The tidal fishes that utilize these areas (Blomquist de Fuca (Lincoln 2000, p. 1). The basin amplitude is 3–5 meters (m) (9.8–16.4 ft) 2005, p. 8). consists of eight major habitat types, the in most areas, and numerous large and Habitat types common in Alaskan largest of which is kelp and eelgrass, but small rivers provide freshwater inflow. estuaries include eel grass beds, also includes wetlands, mudflats, and Biological communities are diverse and understory kelp, sand and gravel beds, sandflats. Puget Sound consists of five highly variable, including coastal and bedrock outcrops (NOAA 2011d). regions, each with its own physical and wetlands, kelp beds, and seaweed beds Shallow nearshore areas provide a biological characteristics. Urban and that support a diverse marine fauna mosaic of habitat types that support a industrial development borders the (Dale 1997, pp. 13–15). Nearshore areas variety of fishes (NOAA 2005, p. 59). In main basin, which is bounded by Port of British Columbia are characterized by southwestern Alaska, the related Townsend on the north and the Narrows steep to moderately sloping fjords, 20– osmerid species capelin (Mallotus (Tacoma) on the south. Approximately 50 m (65–164 ft) in depth, with villosus) was found to occur in sand- 30 percent of freshwater inflow to the salinities ranging from 18 to 28 ppt and-gravel habitats, and the surf smelt main basin is from the Skagit River, (AXYS Environmental Consulting 2001, (Hypomesus pretiosus) was found to which drains an area of approximately pp. 5, 11, 20). Bar-built estuaries that are occur in bedrock habitats (NOAA 2005, 8,011 km2 (3,093 mi2). Sills at semi-enclosed by an ocean-built bar pp. 27, 29). As in British Columbia, if Admiralty Inlet and the Narrows occur on the west coast of Vancouver oxygen depletion occurs in fjord influence circulation. Puget Sound is Island and the Queen Charlotte Islands habitats during spawning or rearing, highly productive. The fish community (Emmett et al. 2000, pp. 769–770). longfin smelt recruitment could be includes many commercially important Oxygen depletion is common in fjords affected. species, such as Pacific herring, Pacific (Emmett et al. 2000, p. 776), but because Cook Inlet is a large mainland salmon, and several species of rockfish they are anadromous, longfin smelt Alaskan estuary located in the northern (NOAA 2011c, p. 11). There are 10 would presumably be able to avoid Gulf of Alaska. Cook Inlet is major dams and thousands of small those conditions. However, if depletion approximately 290 km (180 miles) long. water diversions in the Puget Sound were to occur during spawning or The watershed covers about 100,000 system (Puget Sound Partnership 2008b, rearing, recruitment could be affected. km2 of southern Alaska (USACE 2011, p. 21). Human activities in the region The Fraser River, at approximately p. 1). have resulted in the loss of 75 percent 1,375 miles (2,213 km), is the longest of the saltwater marsh habitat and 90 river in British Columbia and the tenth Distribution percent of the estuarine and riverine longest river in Canada. The Fraser Longfin smelt are widely distributed wetlands (Puget Sound Partnership River drains an area of 220,000 km2 and along 3,541 km (2,200 mi) of Pacific 2008b, p. 21). flows to the Strait of Georgia at the City coastline from the Bay-Delta to Cook The coastline of British Columbia has of Vancouver before it drains into the Inlet, Alaska (Table 1). We found no been shaped by plate tectonics and Pacific Ocean. Diking and drainage in evidence of range contraction; the extensive glaciations. Particularly in the lower basin area have reduced the current distribution of longfin smelt summer, prevailing winds drive coastal extent of estuarine wetlands that are appears to be similar to its historical upwelling, which results in a highly important to the longfin smelt and other distribution.

TABLE 1—KNOWN OCCURRENCES OF LONGFIN SMELT

State Location Reference

California ...... Monterey Bay ...... Eschmeyer 1983, p. 82; Wang 1986, pp. 6–10). Bay-Delta ...... Eschmeyer 1983, p. 82; Wang 1986, pp. 6–10. Offshore Bay-Delta ...... City of San Francisco 1993, p. 5–8. Russian River Estuary ...... Cook 2010, pers. comm. Van Duzen River ...... Moyle 2002, p. 235. McNulty Slough of Eel River ...... CDFG 2010, unpublished data. Offshore Humboldt Bay ...... Quirollo 1994, pers. comm. Humboldt Bay and tributaries ...... CDFG 2010, unpublished data. Mad River ...... Moyle 2002, p. 235. Klamath River ...... Kisanuki et al. 1991, p. 72, CDFG 2009, p. 5. Lake Earl ...... D. McLeod field note 1989 (Cannata and Downie 2009). Oregon ...... Coos Bay ...... Veroujean 1994, p. 1. Yaquina Bay ...... ODFW 2011, pp. 1–3, ANHP 2006, p. 3. Tillamook Bay ...... Ellis 2002, p. 17. Columbia River Estuary ...... ODFW 2011, pp. 1–3. Washington ...... Willapa Bay ...... WDFW 2011, pp. 1–3. Grays Harbor ...... U.S. Army Corps of Engineers 2000, p. 2. Puget Sound Basin ...... Miller and Borton 1980, p. 17.4. Lake Washington ...... Chigbu and Sibley 1994, p. 1. British Columbia ...... Fraser River ...... Fishbase 2011a, p. 1; Fishbase 2011b, p. 1. Pitt Lake ...... Taylor 2011, pers. comm. Harrison Lake ...... Page and Burr 1991, p. 57. Vancouver ...... Hart 1973, p. 147. Prince Rupert ...... Hart 1973, p. 147. Skeena Estuary ...... Kelson 2011, pers. comm. Alaska ...... Dixon Entrance ...... Alaska Natural Heritage Program 2006, p. 3. Sitka National Historical Park ...... NPS 2011, p. 1. Glacier Bay ...... Arimitsu 2003, pp. 35, 41. Klondike Gold Rush National Historical Park ...... NPS 2011, p. 1.

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TABLE 1—KNOWN OCCURRENCES OF LONGFIN SMELT—Continued

State Location Reference

Yakutat Bay ...... Alaska Natural Heritage Program 2006, p. 3. Wrangell-St. Elias National Park ...... Arimitsu 2003, pp. 35, 41, NPS 2011, p. 1. Cook Inlet ...... NOAA 2010b, p. 4, NOAA 2010a, p. 8. Kachemak Bay ...... Abookire et al. 2000, NPS 2011, p. 1. Hinchinbrook Island ...... Alaska Natural Heritage Program 2006, p. 3. Lake Clark National Park and Preserve ...... NPS 2011, p. 1. Prince William Sound ...... Alaska Natural Heritage Program 2006, p. 3.

California Longfin smelt were collected suitable spawning grounds (Miller et al. The southernmost known population consistently in the Klamath River 1980, p. 28). Occurrences of longfin of longfin smelt is the Bay-Delta estuary, estuary between 1979 and 1989 smelt within northern Puget Sound and and longfin smelt occupy different (Kisanuki et al. 1991, p. 72), and one the Strait of Georgia may reflect the habitats of the estuary at various stages longfin smelt was collected in the abundance and distribution of the in their life cycle (See Habitat section Klamath River in 2001 (CDFG 2009, anadromous populations from the above). Eschmeyer (1983, p. 82) p. 5). Fraser River in British Columbia (Washington Department of Fish and reported the southern extent of the Oregon range as Monterey Bay, and Wang (1986, Wildlife 2011, pp. 1–3). Currently, the pp. 6–10) reported that an individual In Oregon, there are historical records National Park Service states that longfin longfin smelt had been captured at Moss of longfin smelt in Tillamook Bay, smelt are probably present within Landing in Monterey Bay in 1980. Most Columbia River, Coos Bay, and Yaquina Olympic National Park (NPS 2011, p. 1). sources, however, identify the Bay-Delta Bay (ANHP 2006, p. 3). One individual Longfin smelt appear to be common in as the southern extent of the species’ was detected in Tillamook Bay in 2000 Grays Harbor (U.S. Army Corps of range (Moyle 2002, p. 235). (Ellis 2002, p. 17). Williams et al. (2004, Engineers 2000, p. 2). Longfin smelt Small numbers of longfin were p. 30) collected 308 longfin in the have been infrequently documented in collected within the Russian River Columbia River estuary in 2004. Longfin the upper Chehalis estuary at estuary each year between 1997 and smelt were reported in the Columbia Cosmopolis; however, when they do 2000 (SCWA 2001, p. 18). No surveys River estuary, the coastal waters occur, they have been reported as were conducted in 2001 or 2002 (Cook adjacent to the Columbia River, and in abundant (Anderson 2011). Ocean 2011, pers. comm.). Recent surveys Yaquina Bay in 2009 (Nesbit 2011, pers. trawls off Willapa Bay have collected (since 2003) in the Russian River comm.). In Coos Bay, longfin smelt were longfin smelt, although no spawning estuary conducted by Sonoma County detected in low numbers in the early population has been identified in the Water Agency have not collected longfin 1980s. However, longfin smelt do not basin (Anderson 2011). smelt; however, in 2003, trawling appear to be common in Coos Bay and A resident, freshwater population of surveys were replaced by beach seining, were not detected during sampling that longfin smelt occurs in Lake a type of survey less likely to capture a occurred in the 1970s and the late 1980s Washington (Chigbu and Sibley 1994, p. pelagic fish species such as the longfin (Veroujean 1994, no pagination). 1). First caught in 1959, it is believed that the longfin smelt either were smelt. Longfin smelt breeding has not Washington been documented at the Russian River introduced to the lake or became (Baxter 2011b, pers. comm.), and In Washington, within the Puget trapped during canal construction because of its limited size, the Russian Sound Basin, longfin smelt are known (Chigbu et al. 1998, p. 180). In the River estuary is not believed to be to occur in the Nooksack River, 1960s, the abundance of longfin smelt in capable of supporting a self-sustaining Bellingham Bay, Snohomish River, Lake Washington was low but increased longfin smelt population (The Bay Duwamish River, Skagit Bay, Strait of to higher levels in the 1980s (Chigbu Institute et al. 2007, p. ii; Moyle 2010, San Juan de Fuca, Twin River, and and Sibley 1994, p. 4). p. 5). Pysht River (Table 1). Longfin smelt are Longfin smelt were observed known to occur in nearby Bellingham British Columbia spawning in the Eel River estuary in Bay (Penttila 2007, p. 4). Longfin smelt Longfin smelt populations occur in 1974 (Puckett 1977, p. 19). Although were collected in the Snohomish River Pitt Lake and Harrison Lake in British longfin were observed in the Eel River estuary during extensive beach seine Columbia (Page and Burr 1991, p. 57; in 2008 and 2009 (Cannata and Downie and fyke trapping in 2009 (Rice 2010, Taylor 2011, pers. comm.); these 2009), it is unknown whether or not pers. comm.). Longfin smelt were populations are believed to be resident they currently spawn there. Humboldt captured (reported as non-target) in fish that are not anadromous (that is, Bay is located 420 km (260 mi) north of high-rise otter trawls in the lower they are thought to complete their entire the Bay-Delta. Longfin smelt were Duwamish River (Anchor and King life cycle in freshwater). Pitt Lake is collected in Humboldt Bay or its County 2007, p. 11). Longfin smelt are located approximately 64 river km (40 tributaries every year from 2003 to 2009, common in the Strait of San Juan de mi) up the Fraser and Pitt Rivers, and with the exception of 2004 (CDFG 2010, Fuca (Penttila 2007, p. 4). Miller et al. Harrison Lake is located approximately unpublished data). Longfin smelt also (1980, p. 28) found longfin smelt to be 121 river km (75 mi) up the Fraser and have been observed in coastal waters the second most common species in Harrison Rivers. Longfin smelt are adjacent to Humboldt Bay (Quirollo tow-net surveys conducted in the Strait known to occur within the Fraser River 1994, pers. comm.). The Humboldt Bay of San Juan de Fuca. Most fish caught near Vancouver (Hart 1973, p. 147; population is thought to be the nearest in these surveys were young of the year Fishbase 2011a, p. 1; Fishbase 2011b, p. known breeding population to the Bay- and were found near the Twin and 1). Longfin smelt are also known to Delta (Baxter 2011b, pers. comm.). Pysht Rivers, both of which may have occur in the Skeena River estuary near

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Prince Rupert (Hart 1973, p. 147; Kelson similar monitoring data for other longfin (BSMT), and Bay Study Otter Trawl 2011, pers. comm.; Gottesfeld 2002, p. smelt populations. CDFG did report (BSOT) all show marked declines in 54). catches of longfin smelt in Humboldt Bay-Delta longfin smelt populations Bay from surveys conducted between from 2002 to 2009 (Messineo et al. 2010, Alaska 2003 and 2009; small numbers of p. 57). Longfin smelt abundance over In Alaska, longfin smelt are known longfin were collected each of the years the last decade is the lowest recorded in from Hinchinbrook Island, Prince except 2004 (CDFG 2010, unpublished the 40-year history of CDFG’s FMWT William Sound, Dixon Entrance, data). Moyle (2002, p. 237; 2010, p. 4) monitoring surveys. Scientists became Yakutat Bay, and Cook Inlet (Alaska noted that the longfin smelt population concerned over the simultaneous Natural Heritage Program 2006, p. 3). In in Humboldt Bay appeared to have population declines since the early nearly 1,000 recent beach seine surveys declined between the 1970s and 2002, 2000s of longfin smelt and three other in Alaska, longfin smelt have only been but survey data are not available from Bay-Delta pelagic fish species—delta caught off Fire Island in upper Cook that time. smelt (Hypomesus transpacificus), Inlet in 2009 and 2010 (NOAA 2010b, Longfin smelt numbers in the Bay- striped bass (Morone saxatilis), and p. 4; Johnson 2010, pers. comm.; Wing Delta have declined significantly since threadfin shad (Dorosoma petenense) 2010, pers. comm.). However, as stated the 1980s (Moyle 2002, p. 237; (Sommer et al. 2007, p. 273). The earlier, longfin smelt are unlikely to be Rosenfield and Baxter 2007, p. 1590; declines of longfin smelt and these other caught in beach seine surveys because Baxter et. al. 2010, pp. 61–64). pelagic fish species in the Bay-Delta they are a pelagic species and do not Rosenfield and Baxter (2007, pp. 1577– since the early 2000s has come to be typically occur near shore where beach 1592) examined abundance trends in known as the Pelagic Organism Decline, seine surveys take place. Surveys in longfin smelt using three long-term data and considerable research efforts have Prince William Sound did not collect sets (1980–2004) and detected a been initiated since 2005, to better longfin smelt in 2006 or 2007 (NOAA significant decline in the Bay-Delta understand causal mechanisms 2011, p. 1). Longfin smelt were collected longfin smelt population. They underlying the declines (Sommer et al. in Wrangell-St. Elias National Park and confirmed the positive correlation 2007, pp. 270–277; MacNally et al. Glacier Bay in 2001 and 2002 (Arimitsu between longfin smelt abundance and 2010, pp. 1417–1430; Thomson et al. 2003, pp. 35, 41). Longfin were freshwater flow that had been 2010, pp. 1431–1448). The population collected in Kachemak Bay in 1996– previously documented by others did increase in the 2011 FMWT index 1998 seine and trawling surveys (Stevens and Miller 1983, p. 432; Baxter to 477 (Contreras 2011, p. 2), probably (Abookire et al. 2000). The NPS was not et al. 1999, p. 185; Kimmerer 2002b, p. a response to an exceptionally wet year. able to confirm presence or absence in 47), noting that abundances of both The FMWT index of abundance in the Lake Clark National Park and Preserve. adults and juveniles were significantly Bay-Delta shows great annual variation The NPS concludes that presence is lower during the 1987–1994 drought in abundance but a severe decline over probable in Glacier Bay National Park than during either the pre- or post- the past 40 years (Figure 2). The and Preserve, Klondike Gold Rush drought periods (Rosenfield and Baxter establishment of the overbite clam National Historical Park, Sitka National 2007, pp. 1583–1584). (Corbula amurensis) in the Bay-Delta in Historical Park, and Wrangell-St. Elias Despite the correlation between 1987 is believed to have contributed to National Park and Preserve (NPS 2011, drought and low population in the the population decline of longfin smelt p. 1). 1980s and 90s, the declines in the first (See Factor E: Introduced Species, decade of this century appear to be below), as well as to the declining Abundance caused in part by additional factors. abundance of other pelagic fish species In most locations throughout their Abundance of longfin smelt has in the Bay-Delta (Sommer et al. 2007, p. range, longfin smelt populations have remained very low since 2000, even 274). Figure 2 shows low values of the not been monitored. Within the Bay- though freshwater flows increased abundance index for longfin smelt Delta, longfin smelt are consistently during several of these years (Baxter et during drought years (1976–1977 and collected in the monitoring surveys that al. 2010, p. 62). Abundance indices 1986–1992) and low values overall since have been conducted by CDFG as far derived from the Fall Midwater Trawl the time that the overbite clam became back as the late 1960s. We know of no (FMWT), Bay Study Midwater Trawl established in the estuary.

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Using data from 1975–2004 from the Conservation Actions The CALFED Ecosystem Restoration FMWT survey, Rosenfield and Baxter Bay-Delta Program (ERP) developed a strategic 2007 (p. 1589) found that longfin smelt plan for implementing an ecosystem- exhibit a significant stock-recruitment The CALFED program existed as a based approach for achieving relationship—abundance of juvenile multi-purpose (water supply, flood conservation targets (CALFED 2000a, (age-0) fish is directly related to the protection, and conservation) program pp. 1–3). The CDFG is the primary abundance of adult (age-1) fish from the with significant ecosystem restoration implementing agency for the ERP. The and enhancement elements. previous year. They found that the goal of ERP in improving conditions for Implemented by the California Bay- abundance of juvenile fish declined by longfin smelt will carry forward, Delta Authority, the program brought 90 percent during the time period irrespective of the species Federal together more than 20 State and Federal analyzed. Rosenfield and Baxter (2007, agencies to develop a long-term listing status. CALFED had an explicit p. 1589) also found a decline in age-1 comprehensive plan to restore goal to balance the water supply individuals that was significant even ecological health and improve water program elements with the restoration after accounting for the decline in the management for all beneficial uses in of the Bay-Delta and tributary age-0 population. If unfavorable the Bay-Delta system. The program ecosystems and recovery of the longfin environmental conditions persist for specifically addressed ecosystem smelt and other species. Because one or more years, recruitment into the quality, water quality, water supply, and achieving the diverse goals of the population could be suppressed, levee system integrity. The California program is iterative and subject to affecting the species’ ability to recover Bay-Delta Authority was replaced in annual funding by diverse agencies, the to their previous abundance. The 2009 by the Delta Stewardship Council, CALFED agencies have committed to current low abundance of adult longfin but many of its programs continue to be maintaining balanced implementation smelt within the Bay-Delta could reduce implemented and are now housed of the program within an adaptive the ability of the species to persist in the within the CALFED program’s former management framework. The intention presence of various threats. member agencies. of this framework is that the storage,

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conveyance, and levee program planning (Humboldt Bay Watershed between peninsular and mainland elements would be implemented in Advisory Committee 2005, pp. 1–2). Alaska and is bordered by Wrangell-St. such a way that the longfin smelt’s Many of the habitat restoration activities Elias National Park to the northwest and status would be maintained and proposed may benefit longfin smelt, Tongass National Forest. The Federal eventually improved. including restoration in freshwater lands surrounding Yakutat Bay protect CALFED identified 54 species streams and brackish sloughs. The it from the effects of development. The enhancement conservation measures for Natural Resource Services has designed Tongass National Forest management longfin smelt, more than half of which an enhancement program that is based plan requires that logging activities be have been completed (CALFED on the Humboldt Bay Salmon and distanced from estuarine and riparian Ecosystem Restoration Project 2011, Steelhead Conservation Plan. Natural edges (ADFG 2006, p. 107). As a species entire). One such restoration action at Resource Services has completed a tidal group, the osmerids are identified in Liberty Island at the southern end of the marsh enhancement project on Alaska’s Comprehensive Wildlife Yolo Bypass (a flood control project) has Freshwater Creek and has other projects Conservation Strategy as Species of likely benefitted longfin smelt. After in the design stage (Don Allen 2011, Greatest Conservation Need (ADFG years of active agricultural production pers. comm.). The Natural Resource 2006, pp. 140–143). The Conservation on Liberty Island, the levees were Services is a division of the Redwood Action Plan for anadromous smelts breached in 1997, and the island was Community Action Agency dedicated to identifies objectives, issues, and allowed to return to a more natural state improving the health of northern conservation actions to address (Wilder 2010, slide 4). Wildlands California communities and the information gaps. Determining life Corporation has recently completed a watersheds that they depend on (NRS history, trophic ecology, instream flow restoration project removing several 2011, p. 1). These types of restoration and habitat needs, and monitoring levees surrounding Liberty Island and efforts are current and ongoing and may protocols are included as measures that creating 186 acres of various habitats for benefit longfin smelt by increasing need to be undertaken as part of fish (Wildlands 2011, p. 1). Longfin access to intertidal areas within Alaska’s Conservation Strategy to smelt are utilizing the flooded island, Humboldt Bay. identify conservation status and needs and were collected in a number of of anadromous smelt including longfin. surveys between 2003 and 2005 (Liberty Puget Sound Island Monitoring Program 2005, pp. The Puget Sound Partnership is a Summary of Information Pertaining to 42–44; Marshall et al. 2006, p. 1). Washington State Agency created in the Five Factors The Bay-Delta Conservation Plan 2007, to oversee the restoration and Section 4 of the Act (16 U.S.C. 1533) (BDCP), an effort to help provide protection of Puget Sound. The Puget and implementing regulations (50 CFR restoration of the Bay-Delta ecosystem Sound Partnership created an Action part 424) set forth procedures for adding and reliable water supplies, is currently Agenda that identifies and prioritizes species to, removing species from, or in preparation by a collaborative of work needed to protect and restore reclassifying species on the Federal water agencies, resource agencies, and Puget Sound (Puget Sound Partnership Lists of Endangered and Threatened environmental groups. The BDCP is 2008b, p. 2). Protection actions Wildlife and Plants. Under section intended to provide a basis for including local watershed planning, 4(a)(1) of the Act, a species may be permitting take of listed species under shoreline management planning, and determined to be endangered or sections 7 and 10 of the Act and the citizen involvement through groups threatened based on any of the California Natural Communities such as beach watchers and shore following five factors: Conservation Planning Act, and would stewards are among the current (A) The present or threatened provide a comprehensive habitat restoration efforts in Puget Sound destruction, modification, or conservation and restoration plan for watershed (Puget Sound Partnership curtailment of its habitat or range; the Bay-Delta, as well as a new funding 2008a, pp. 1–2). These measures are (B) Overutilization for commercial, source. The BDCP shares many of the expected to benefit longfin smelt by recreational, scientific, or educational same goals outlined in the 2000 protecting and restoring habitat through purposes; CALFED Record of Decision (CALFED legislative approval and funding for (C) Disease or predation; 2000) but would not specifically address land acquisition for protection and (D) The inadequacy of existing all listed-species issues. The BDCP restoration of ecologically important regulatory mechanisms; or would, however, target many of the lands and habitats and by adding lands (E) Other natural or manmade factors threats to current and future listed to State Aquatic Reserves program affecting its continued existence. species and could contribute to species (Puget Sound Partnership 2008a, In making these findings, information recovery. However, the BDCP, if pp. 1–2). pertaining to each species in relation to completed, would not be initiated until the five factors provided in section Alaska at least 2013 or later. The plan’s 4(a)(1) of the Act is discussed below. In implementation is anticipated to extend State and Federal land ownership considering what factors might through 2060. affords protection for vast distances of constitute threats to a species, we must shoreline within Glacier Bay and look beyond the exposure of the species Humboldt Bay Wrangell-St. Elias National Parks, to a particular factor to evaluate whether The Humboldt Bay Watershed Tongass National Forest, and State the species may respond to the factor in Advisory Committee has completed the landholdings. Kachemak Bay, located a way that causes actual impacts to the Humboldt Bay Salmon and Steelhead near the mouth of lower Cook Inlet, is species. If there is exposure to a factor Conservation Plan with funding from a National Estuarine Research Reserve and the species responds negatively, the CDFG, National Oceanographic regarded as extremely important for factor may be a threat, and during the Atmospheric Administration (NOAA), marine biodiversity conservation (ADFG status review, we attempt to determine and the California State Coastal 2006, pp. 133–134). Alaska’s only State how significant a threat it is. The threat Conservancy with the purpose of wilderness park, Kachemak Bay State is significant if it drives or contributes protecting and restoring salmon habitat Park, is also located in Kachemak Bay to the risk of extinction of the species in Humboldt Bay through cooperative (ADNR 2011, p. 1). Yakutat Bay lies such that the species warrants listing as

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endangered or threatened as those terms among large estuaries (Kimmerer 2004, for irrigation and urban needs during are defined by the Act. However, the p. 14). subsequent low flow periods result in a identification of factors that could Reduced freshwater flows into broader, flatter hydrograph with less impact a species negatively may not be estuaries may affect fish and other seasonal variability in freshwater flows sufficient to compel a finding that the estuarine biota in multiple ways. Effects into the estuary (Kimmerer 2004, p. 15). species warrants listing. The may include: (1) Decreased nutrient In addition to the system of dams and information must include evidence loading, resulting in decreased primary canals built throughout the Sacramento sufficient to suggest that the potential productivity; (2) decreased stratification River-San Joaquin River basin, the Bay- threat has the capacity (i.e., it should be of the salinity field, resulting in Delta is unique in having a large water of sufficient magnitude and extent) to decreased primary productivity; (3) diversion system located within the affect the species’ status such that it decreased organic matter loading and estuary (Kimmerer 2002b, p. 1279). The meets the definition of endangered or deposition into the estuary; (4) reduced State Water Project (SWP) and Central threatened under the Act. migration cues; (5) decreased sediment Valley Project (CVP) operate two water In making our 12-month finding on loading and turbidity, which may affect export facilities in the Delta (Sommer et the petition, we considered and both feeding efficiency and predation al. 2007, p. 272). Project operation and evaluated the best available scientific rates; (6) reduced dilution of management is dependent upon and commercial information. Much of contaminants; (7) impaired transport to upstream water supply and export area the scientific and commercial rearing areas (e.g., low-salinity zones); demands. Despite the size of the water information available on potential and (8) reduction in physical area of, or storage and diversion projects, much of threats to longfin smelt comes from access to, suitable spawning or rearing the interannual variability in Delta information on the Bay-Delta, and habitat (Kimmerer 2002b, p. 1280). hydrology is due to variability in precipitation from year to year. Annual therefore the threats analysis is largely Bay-Delta Population inflow from the watershed to the Delta focused on the Bay-Delta longfin smelt Freshwater flow is strongly related to population. is strongly correlated to unimpaired the natural hydrologic cycles of drought flow (runoff that would hypothetically Factor A. The Present or Threatened and flood. In the Bay-Delta estuary, occur if upstream dams and diversions Destruction, Modification, or increased Delta outflow during the were not in existence), mainly due to Curtailment of Its Habitat or Range winter and spring is the largest factor the effects of high-flow events positively affecting longfin smelt (Kimmerer 2004, p. 15). Water Potential threats to longfin smelt abundance (Stevens and Miller 1983, operations are regulated in part by the habitat include the effects of reduced pp. 431–432; Jassby et al. 1995; Sommer California State Water Resources freshwater flow, climate change, and et al. 2007, p. 274; Thomson et al. 2010, Control Board (SWRCB) according to the channel disturbance. Nearly all pp. 1439–1440). During high outflow Water Quality Control Plan (WQCP) information available on Factor A periods, larvae presumably benefit from (SWRCB 2000, entire). The WQCP limits threats to longfin smelt come from the increased transport and dispersal Delta water exports in relation to Delta Bay-Delta estuary. Therefore, our downstream, increased food production, inflow (the Export/Inflow, or E/I ratio). analysis below focuses on habitat reduced predation through increased It is important to note that in the case impacts to the Bay-Delta population. turbidity, and reduced loss to of the Bay-Delta, freshwater flow is Reduced Freshwater Flow entrainment due to a westward shift in expressed as both Delta inflow (from the the boundary of spawning habitat and rivers into the Delta) and as Delta Most longfin smelt populations, other strong downstream transport of larvae outflow (from the Delta into the lower than those in a few freshwater lakes in (CFDG 1992; Hieb and Baxter 1993; estuary), which are closely correlated, Washington and British Columbia, are CDFG 2009a). Conversely, during low but not equivalent. Freshwater flow into known from estuaries. Estuaries are outflow periods, negative effects of the Delta affects the location of the low complex ecosystems with boundaries reduced transport and dispersal, salinity zone and X2 within the estuary. between freshwater, brackish water, and reduced turbidity, and potentially Because longfin smelt spawn in saltwater that vary in time and space. increased loss of larvae to predation and freshwater, they must migrate farther Drought and water diversions affect increased loss at the export facilities upstream to spawn as flow reductions these boundaries by altering the result in lower young-of-the-year alter the position of X2 and the low- amounts and timing of freshwater flow recruitment. Despite numerous studies salinity zone moves upstream (CDFG into and within the estuary. These of longfin smelt abundance and flow in 2009, p. 17). Longer migration distances altered freshwater flows affect the the Bay-Delta, the underlying causal into the Bay-Delta make longfin smelt physical and biological characteristics mechanisms are still not fully more susceptible to entrainment in the of the estuary, and the physical and understood (Baxter et al. 2010, p. 69; State and Federal water pumps (see biological characteristics of the estuary Rosenfield 2010, p. 9). Factor E: Entrainment Losses). In define longfin smelt habitat. As California’s population has grown, periods with greater freshwater flow Many environmental attributes demands for reliable water supplies and into the Delta, X2 is pushed farther respond to variance in freshwater flow flood protection have grown. In downstream (seaward); in periods with into the estuary, including patterns of response, State and Federal agencies low flows, X2 is positioned farther flooding and drought, nutrient loading, built dams and canals, and captured landward (upstream) in the estuary and sediment loading (turbidity), water in reservoirs, to increase capacity into the Delta. Not only is longfin smelt concentration of organic matter and for water storage and conveyance abundance in the Bay-Delta strongly planktonic biota, physical changes in resulting in one of the largest manmade correlated with Delta inflow and X2, but the movement and compression of the water systems in the world (Nichols et the spatial distribution of longfin smelt salt field, and changes in the al. 1986, p. 569). Operation of this larvae is also strongly associated with hydrodynamic environment (Kimmerer system has altered the seasonal pattern X2 (Dege and Brown 2004, pp. 58–60; 2002a, p. 40). The San Francisco Estuary of freshwater flows in the watershed. Baxter et al. 2010, p. 61). As longfin exhibits one of the strongest and most Storage in the upper watershed of peak hatch into larvae, they move from the consistent responses of biota to flow runoff and release of the captured water areas where they are spawned and

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orient themselves just downstream of precipitation, and wind, whereas change across the different approaches X2 (Dege and Brown 2004, pp. 58–60). ‘‘climate change’’ refers to a change in (Prinn et al. 2011, pp. 527, 529). Larval (winter-spring) habitat varies the mean and/or variability of climate All models (not just those involving with outflow and with the location of properties that persists for an extended climate change) have some uncertainty X2 (CDFG 2009, p. 12), and has been period (typically decades or longer), associated with projections due to reduced since the 1990s due to a general whether due to natural processes or assumptions used, data available, and upstream shift in the location of X2 human activity (Intergovernmental features of the models; with regard to (Hilts 2012, unpublished data). The Panel on Climate Change (IPCC) 2007a, climate change this includes factors amount of rearing habitat (salinity p. 78). Although changes in climate such as assumptions related to between 0.1 and 18 ppt) is also occur continuously over geological time, emissions scenarios, internal climate presumed to vary with the location of changes are now occurring at an variability, and differences among X2 (Baxter et al. 2010, p. 64). However, accelerated rate. For example, at models. Despite this, however, under all as previously stated, the location of X2 continental, regional, and ocean basin global models and emissions scenarios, the overall projected trajectory of is of particular importance to the scales, recent observed changes in long- surface air temperature is one of distribution of newly-hatched larvae term trends include: a substantial increased warming compared to current and spawning adults. The influence of increase in precipitation in eastern parts water project operations from November conditions (Meehl et al. 2007, p. 762; of North American and South America, through April, when spawning adults Prinn et al. 2011, p. 527). Climate northern Europe, and northern and and newly-hatched larvae are oriented models, emissions scenarios, and central Asia, and an increase in intense to X2, is greater in drier years than in associated assumptions, data, and wetter years (Knowles 2002, p. 7). tropical cyclone activity in the North analytical techniques will continue to Research on declines of longfin smelt Atlantic since about 1970 (IPCC 2007a, be refined, as will interpretations of and other pelagic fish species in the p. 30); and an increase in annual projections, as more information ° Bay-Delta since 2002 (referred to as average temperature of more than 2 F becomes available. For instance, some ° Pelagic Organism Decline—see (1.1 C) across the United States since changes in conditions are occurring Abundance section, above) have most 1960 (Global Climate Change Impacts in more rapidly than initially projected, recently been summarized in the the United States (GCCIUS) 2009, p. 27). such as melting of arctic sea ice (Comiso Interagency Ecological Program’s 2010 Examples of observed changes in the et al. 2008, p. 1; Polyak et al. 2010, p. Pelagic Organism Decline Work Plan physical environment include: an 1797), and since 2000 the observed and Synthesis of Results (Baxter et al. increase in global average sea level, and emissions of greenhouse gases, which 2010, pp. 61–69). While Baxter et al. declines in mountain glaciers and are a key influence on climate change, (2010, pp. 17–19) acknowledge average snow cover in both the northern have been occurring at the mid- to significant uncertainties about the and southern hemispheres (IPCC 2007a, higher levels of the various emissions causal mechanisms underlying the p. 30); substantial and accelerating scenarios developed in the late 1990s Pelagic Organism Decline, they have reductions in arctic sea-ice (e.g., Comiso and used by the IPPC for making identified reduced Delta freshwater et al. 2008, p. 1); and a variety of projections (e.g., Raupach et al. 2007, flows as one of several key factors that changes in ecosystem processes, the Figure 1, p. 10289; Manning et al. 2010, they believe contribute to recent distribution of species, and the timing of Figure 1, p. 377; Pielke et al. 2008, declines in the abundance of longfin seasonal events (e.g., GCCIUS 2009, pp. entire). Also, the best scientific and smelt (Baxter et al. 2010, pp. 61–69, 79–88). commercial data available indicate that Figure 5). The IPCC used Atmosphere-Ocean average global surface air temperature is increasing and that several climate- Other Populations General Circulation Models and various greenhouse gas emissions scenarios to related changes are occurring and will Information on effects of reduced continue for many decades even if make projections of climate change freshwater flows on longfin smelt emissions are stabilized soon (e.g. globally and for broad regions through populations other than the Bay-Delta Meehl et al. 2007, pp. 822–829; Church the 21st century (Meehl et al. 2007, p. population are lacking. Dams and et al. 2010, pp. 411–412; Gillett et al. 753; Randall et al. 2007, pp. 596–599), reservoirs are located in the inland 2011, entire). water basins of most of the estuaries and reported these projections using a Changes in climate can have a variety where longfin smelt occur. Some of framework for characterizing certainty of direct and indirect impacts on these systems are large and consist of (Solomon et al. 2007, pp. 22–23). species, and can exacerbate the effects multiple dams and diversions (e.g., Examples include: (1) It is virtually of other threats. Rather than assessing Klamath River basin, Columbia River certain there will be warmer and more ‘‘climate change’’ as a single threat in basin). Water diversion systems with frequent hot days and nights over most and of itself, we examine the potential dams, canals, and water pipelines of the earth’s land areas; (2) it is very consequences to species and their located upstream of the estuary may likely there will be increased frequency habitats that arise from changes in affect longfin smelt aquatic habitat by of warm spells and heat waves over environmental conditions associated reducing freshwater flows into the most land areas, and the frequency of with various aspects of climate change. estuary—especially if water is diverted heavy precipitation events will increase For example, climate-related changes to out of the drainage basin—and altering over most areas; and (3) it is likely that habitats, predator-prey relationships, the timing of freshwater flows into the increases will occur in the incidence of disease and disease vectors, or estuary. extreme high sea level (excludes conditions that exceed the physiological tsunamis), intense tropical cyclone tolerances of a species, occurring Climate Change activity, and the area affected by individually or in combination, may ‘‘Climate’’ refers to an area’s long-term droughts (IPCC 2007b, p. 8, Table affect the status of a species. average weather statistics (typically for SPM.2). More recent analyses using a Vulnerability to climate change impacts at least 20- or 30-year periods), different global model and comparing is a function of sensitivity to those including the mean and variation of other emissions scenarios resulted in changes, exposure to those changes, and surface variables such as temperature, similar projections of global temperature adaptive capacity (IPCC 2007, p. 89;

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Glick et al. 2011, pp. 19–22). As and Isaak 2010, p. 6). These changes inundation of low-lying natural described above, in evaluating the status may lead to increased flood and drought ecosystems (CDFG 2009, p. 30). of a species, the Service uses the best risk during the 21st century (USBR Typically, longfin smelt spawning in scientific and commercial data 2011, p. 149). the Bay-Delta occurs at water available, and this includes It is uncertain how a change in the temperatures between 7.0 and 14.5 °C consideration of direct and indirect timing and duration of freshwater flows (44.6–58.2 °F), although spawning has effects of climate change. As is the case will affect longfin smelt. The melting of been observed at lower temperatures in with all potential threats, if a species is the snowpack earlier in the year could other areas, such as Lake Washington currently affected or is expected to be result in higher flows in January and (Moyle 2002, p. 236). Mean annual affected by one or more climate-related February, which are peak spawning and water temperatures within the upper impacts, this does not necessarily mean hatching months for longfin smelt. This Sacramento River portion of the Bay- the species is an endangered or would reduce adult migration distance Delta estuary are expected to approach threatened species as defined under the and increase areas of freshwater or exceed 14 °C during the second half Act. If a species is listed as endangered spawning habitat during these months, of this century (Cloern et al. 2011, p. 7). or threatened, this knowledge regarding potentially creating better spawning and Increased water temperatures could its vulnerability to, and impacts from, larval rearing conditions. Associated compress the late-fall to early-spring climate-associated changes in higher turbidity may reduce predation spawning period and could result in environmental conditions can be used on longfin smelt adults and larvae shorter egg incubation time. Longfin to help devise appropriate strategies for (Baxter 2011, pers. comm.). However, if smelt are adapted to hatching in cold, its recovery. high flows last only a short period, relatively unproductive waters where The effects of climate change do not benefits may be negated by poorer they grow slowly until ample food act in isolation, but act in combination conditions before and after the high resources are available in spring. with existing threats to species and flows. As the freshwater boundary Warmer water during winter would systems. We considered the potential moves farther inland into the Delta with likely result in increased metabolism of effects of climate change on the longfin increasing sea level (see below) and larvae, which may result in increased smelt based on projections derived from reduced flows, adults will need to food needs for maintenance and growth various modeling scenarios. migrate farther into the Delta to spawn, and create a mismatch between food Temperature increases are likely to lead increasing the risk of predation and the needs and availability (Baxter 2011, to a continued rise in sea level, further potential for entrainment into water pers. comm.). If increased water increasing salinity within longfin smelt export facilities and diversions for both temperatures compress the spawning estuarine rearing habitat and likely themselves and their progeny. period and lead to more synchronized shifting spawning and early rearing Global sea level rose at an average rate hatching during winter, then prevailing upstream as the boundary of fresh and of 1.8 mm (0.07 in) per year from 1961 low sunlight and low food resources brackish water moves upstream (Baxter to 2003, and at an average rate of 3.1 could result in greater intra-specific 2011, pers. comm.). Reduced snowpack, mm (0.12 in) per year from 1993 to 2003 (within species) competition (Baxter earlier melting of the snowpack, and (IPCC 2007a, p. 49). The IPCC (2007b, p. 2011, pers. comm.). Moreover, increased water temperatures will likely 13) report estimates that sea levels could increasing water temperatures might alter freshwater flows, possibly shifting rise by 0.18 to 0.58 m (0.6 to 1.9 ft) by also lead to earlier spawning and and condensing the timing of longfin 2100; however, Rahmstorf (2007, p. 369) hatching of other fishes, and to greater smelt spawning (Baxter 2011, pers. indicated that global sea level rise could inter-specific (between species) comm.). increase by over 1.2 m (4 ft) in that time competition. Effects of climate change could be period (CEC 2009, p. 49). Even if Although climate change and sea particularly profound for aquatic emissions could be halted today, the level rise are projected to result in ecosystems and include increased water oceans would continue to rise and continued increases in water temperatures and altered hydrology, expand for centuries due to their temperature and salinity, longfin smelt along with changes in the extent, capacity to store heat (CEC 2009, pp. is considered euryhaline (tolerant of a frequency, and magnitude of extreme 49–50). In the Bay-Delta, higher tides wide range of salinities) (Moyle 2002, p. events such as droughts, floods, and combined with more severe drought and 236; Rosenfield and Baxter 2007 p. wildfires (Reiman and Isaak 2010, p. 1). flooding events are likely to increase the 1578) and is known to move between Numerous climate models predict likelihood of levee failure, possibly different parts of the estuary that vary changes in precipitation frequency and resulting in major alterations of the greatly in temperature and salinity. pattern in the western United States environmental conditions (Moyle 2008, Being able to move between aquatic (IPCC 2007b, p. 8). Projections indicate pp. 362–363). It is reasonable to habitats that vary greatly in water that temperature and precipitation conclude that more severe drought and temperature and salinity may reduce the changes will diminish snowpack, flooding events will also occur in other potential impacts of climate change and changing the availability of natural estuaries where the longfin smelt sea level rise to some degree. water supplies (USBR 2011, p. 143). occurs. Sea level rise is likely to Warming may result in more increase the frequency and range of Channel Disturbances precipitation falling as rain and less saltwater intrusion. Salinity within the Dredging and other channel storage as snow. This would result in northern San Francisco Bay is projected disturbances potentially degrade increased rain-on-snow events and to rise 4.5 psu by the end of the century spawning habitat and cause entrainment increase winter runoff as spring runoff (Cloern et al. 2011, p. 7). Elevated loss of individual fish and eggs; disposal decreases (USBR 2011, p. 147). Earlier salinity levels could push the position of dredge spoils also can create large seasonal warming increases the of X2 farther up the estuary and could sediment plumes that expose fish to gill- likelihood of rain-on-snow events, result in increased distances that longfin clogging sediments and possibly to which are associated with mid-winter smelt must migrate to reach spawning decreased oxygen availability (Levine- floods. Smaller snowpacks that melt habitats. Elevated sea levels could result Fricke 2004, p. 56). Longfin smelt is a earlier in the year result in increased in greater sedimentation, erosion, pelagic species (living away from the drought frequency and severity (Rieman coastal flooding, and permanent bottom of the water column and

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shoreline), and thus less likely to be development in the Bay-Delta are since 2004 (CDFG 2009d, p. 3). No directly affected by dredging, sand and unique to the physical, geologic, and shrimp fishery currently takes place in gravel mining, and other disturbances to hydrologic environment of the estuary. Humboldt Bay (Mello 2011, pers. the channel bed compared to bottom- Reduced flow from diversions and dams comm.). dwelling fish species. Longfin smelt are in other estuaries is not expected to be In Oregon, smelt species may not be likely most vulnerable to entrainment as significant as the reduced flows that targeted in commercial fisheries, and if by dredging during spawning and egg have been shown in the Bay-Delta taken incidentally, smelt catch cannot incubation because eggs are deposited because less water is exported from exceed 1 percent of the total weight and develop on channel bottom other estuaries. We have no information landed (ODFW 2011, p. 17). Rules limit substrates (CDFG 2009, p. 27). Egg to show that reduced freshwater flow is in which estuaries bait fishing for development takes approximately 40 a threat to longfin smelt in other herring, sardines, anchovies, and shad days (Moyle 2002, p. 236). estuaries. Therefore, we conclude that may occur. In Oregon, there is currently We have found no information while reduced flow is a threat to the no known shrimping taking place documenting population impacts of Bay-Delta population of longfin smelt, within the estuaries where the longfin dredging or sand and gravel mining on the best available science does not smelt might be found. Although a longfin smelt. Channel maintenance indicate that the lack of freshwater flow limited entry roe herring fishery is dredging occurs regularly within the is a threat to the species in other parts allowed in Yaquina Bay, no landings Bay-Delta and other estuaries that serve of its range. have occurred there since 2003, because as shipping channels (e.g., Humboldt Climate change will likely affect biomass estimates have generally been Bay, Coos Bay, Yaquina Bay, Columbia longfin smelt in multiple ways, but too low to make the fishery River). In their 2009 status review on longfin smelt are able to move between economically viable (Krutzikowsky longfin smelt, CDFG concluded that a wide range of aquatic environments 2011, pers. comm.). Anchovy fishing is effects of regular maintenance dredging that vary greatly in water temperature allowed in Tillamook Bay, Yaquina Bay, and sand mining within the Bay-Delta and salinity. These behavioral and and Coos Bay, but because there is estuary on longfin smelt were expected physiological characteristics of the currently no anchovy fishing occurring to be small and localized (CDFG 2009, species may help it adapt to effects of in these areas (Krutzikowsky 2011, pers. p. 26). They reviewed two studies on climate change. We conclude at this comm.), longfin smelt are not taken as entrainment effects of channel dredging, time that the best available information bycatch. Records for commercial and each study found that no longfin does not indicate that climate change landings in Oregon show a total of 9.1 smelt were entrained during dredging threatens the continued existence of kilograms (kg) (20 pounds (lb)) landed (fish that were entrained were primarily longfin smelt across its range. from 2005 to 2010 for smelt species bottom-dwelling species). Channel disturbances may have other than eulachon. Recreational There is currently a proposal to localized impacts to longfin smelt fishing for smelt species is allowed only deepen and selectively widen the habitat suitability, but the best available in marine waters (Oregon Sport Fishing Sacramento Deep Water Ship Channel information does not indicate that they Regulations, p. 11). and the lower portion of the Sacramento pose significant threats to the species The State of Washington includes River in the Bay-Delta. This dredging throughout its range. longfin smelt in a class of fish referred project would remove between 6.1–7.6 Based on the best available scientific to as forage fish (small schooling fish million cubic meters (8 and 10 million information, we conclude that reduced that are major food items for many cubic yards) of material from the freshwater flows, climate change, and species of fish, birds, and marine channel and Sacramento River and channel disturbances are not significant mammals) (Bargmann 1998, p. 1). Both extend for 74 km (45.8 mi) (USACE current or future threats to longfin smelt recreational and commercial fisheries 2011a, entire). Potential effects of this across its range except in the Bay-Delta, exist for forage fish in Washington, but new project to longfin smelt include where reduced freshwater flow is a the recreational fishery is much smaller mortality through loss of spawning threat. than the commercial fishery. A sport substrate, habitat modification, and a fishing license is not needed to catch shift in spawning and rearing habitat. Factor B. Overutilization for smelt. Smelt can be harvested The project also has potential to alter Commercial, Recreational, Scientific, or recreationally using a dip net or jig. Dip breeding and foraging behavior of the Educational Purposes net fishing for longfin smelt is allowed in the Nooksack River and there are Bay-Delta longfin smelt population. Recreational and Commercial Fishing However, this project is only a proposal approximately two hundred trips a year at this time and is not certain to occur. In California, longfin smelt was listed made to fish for longfin smelt in this Potential effects of the proposed project as a threatened species under the State’s area (O’Toole 2011, pers. comm.). It is are currently under evaluation. Endangered Species Act in 2009. This unlawful to use a herring or smelt rake. status makes take of longfin smelt Sport and tribal commercial fisheries Summary of Factor A illegal, unless authorized by an have been reported to occur on the Although we find that reduced incidental take permit or other take Nooksack River longfin smelt stock freshwater flows are currently a threat to authorization. However, longfin smelt (Bargmann 1998, p. 37). Longfin smelt the Bay-Delta longfin smelt population, are caught as bycatch in small bay may be caught incidentally in a it is difficult to make inferences on the shrimp trawl fishery and bait fishing medium-sized shore or pier-based effects of reduced freshwater flows to (anchovies and sardines) operations in recreational fishery for surf smelt in longfin smelt populations throughout South San Francisco Bay, San Pablo Puget Sound. the species range. Because the Bay-Delta Bay, and Carquinez Strait (CDFG 2009a, There is currently no commercial system includes one of the largest man p. 1). CDFG (2009d, pp. 6, 9) estimated fishing regulation specific to longfin made water system in the world, it the total longfin smelt bycatch from smelt in Washington (Paulson 2011, would be impractical to compare shrimping in 1989 and 1990 at 15,539 pers. comm.). The daily limit for smelt diversions and alterations in other fish, and in 2004 at 18,815–30,574 fish. is 4.5 kg (10 lb) and, like Oregon, is estuaries to diversions and alterations in CDFG noted in 2009 that the bay shrimp counted as an aggregate, which can the Bay-Delta. The effects of water trawl fishery industry had declined include herring, sardines, sandlance,

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and anchovies (WDFW 2011, p. 27). longfin smelt less than 20 mm (0.8 in) mortality from monitoring surveys There is a robust commercial herring in length ranged from 2,405 to 158,588 threatens any populations within the fishery in Washington that takes annually. All of these fish were species’ range. We conclude that approximately 450 metric tons (500 preserved for research or assumed to die overutilization due to commercial, tons) of fish per year (for sport bait) and in processing. During the same time recreational, or scientific take is not a a commercial surf smelt fishery that period, combined take for juveniles and significant current or future threat to the takes approximately 450,000 kg adults (fish greater than or equal to 20 longfin smelt throughout its range. (100,000 lb) of fish per year (for human mm (0.8 in)) ranged from 461 to 68,974 consumption). Longfin smelt bycatch in annually (IEP 2011, no pagination). Factor C. Disease or Predation both of these fisheries is low. Anchovy Although mortality is unknown, the Disease fishing in Washington primarily takes majority of these fish likely do not All the information we found on place in Grays Harbor and the mouth of survive. The Chipps Island survey, disease in longfin populations the Columbia River (O’Toole 2011, pers. which is conducted by the Service, has originated from studies in the Bay-Delta. comm.). captured an average of 2,697 longfin Two investigations published in 2006 In British Columbia, take of smelt smelt per year during the past 10 years. and 2008 by the California-Nevada Fish from recreational fishing is limited to 20 Biologists attempt to release these fish Health Center detected no significant kilograms (kg) (44 lb) per day and 40 kg unharmed, but at least 5,154 longfin health problems in juvenile longfin (88 lb) of total catch in possession. The smelt were known to have died during smelt in the Bay-Delta (Foott and Stone fishing season takes place from April 1 the Chipps Island survey between 2001 2008, pp. 15–16). The low observed rate to June 14 (Department of Fisheries and and 2008 (Service 2010, entire). Oceans Canada 2011a, p. 47). A Survey methods have been modified of parasitic infection did not appear to commercial fishing industry targeting recently to minimize potential impacts affect the health of the fish, as indicated surf smelt may incidentally take longfin to delta smelt, a related species that also by the lack of associated tissue damage smelt (Department of Fisheries and occurs in the Bay-Delta (75 FR 17669; or inflammation (Foott and Stone 2008, Oceans Canada 2011b, p. 1). British April 7, 2010). These modifications are p. 15). The only additional Columbia supports a year-round shrimp likely to result in reduced impacts to documentation of relevant wild fish fishery in Prince Rupert and Chatham longfin smelt also. The Service conducts disease in the Bay-Delta was a severe Sound. Sardine and shrimp fishing other surveys in the Bay-Delta to intestinal infection by a new species of occurs near Vancouver. monitor salmon populations (Mossdale myxozoan observed in nonnative In Alaska, a commercial fishery for trawl, Sacramento trawl, beach seine juvenile yellowfin goby (Acanthogobius smelt, which includes eulachon, was surveys), but few longfin smelt are flavimanus) from Suisun Marsh (Baxa et reopened in 2005. This fishery is captured during these surveys. Mortality al. in prep cited in Baxter et al. 2008, restricted to the brackish waters of Cook due to monitoring surveys was not p. 16). The nonnative gobies could act Inlet, from May 1 to June 30. The total identified by the Interagency Ecological as potential vectors of the parasite to annual harvest of eulachon and longfin Program in its most recent synthesis of other susceptible species in the Bay- smelt may not exceed 90 metric tons results as a factor in the decline of Delta. It is unknown whether this or (100 tons) of smelt. However, longfin longfin smelt and other pelagic fish similar infections are affecting the smelt are unlikely to be specifically species in the Bay-Delta since the early health of longfin smelt. targeted in this fishery due to their 2000s (Baxter et al. 2010, pp. 19–53, 61– The south Delta is fed by water from small numbers in relation to eulachon 69). the San Joaquin River, where pesticides in the region (Shields 2005, p. 4). Sport (e.g., chlorpyrifos, carbofuran, and Summary of Factor B fishing is limited to salt water, where diazinon), salts (e.g., sodium sulfates), herring and smelt may be taken (Alaska The species is incidentally caught in trace elements (boron and selenium), Department of Fish and Game (ADFG) commercial shrimp and bait fishing and high levels of total dissolved solids 2010, p. 1). In Prince William Sound, operations throughout much of its are prevalent due to agricultural runoff the herring fishery has closed due to range, but the bycatch numbers are (64 FR 5963; February 8, 1999). low abundance of herring. usually low. In California, take of Pesticides and other toxic chemicals longfin smelt is illegal without may adversely affect the immune system Monitoring Surveys authorization because the species is of longfin smelt and other fish in the Fisheries monitoring surveys are listed as threatened under the California Bay-Delta and other estuaries, but we conducted by NOAA’s National Marine Endangered Species Act. Because of its found no information documenting such Fisheries Service, the Service and by small size, it is not targeted by effects (see Factor E: Contaminants, State and local agencies in water bodies recreational angling, although it is below). inhabited by longfin smelt throughout certainly caught and used as bait for Predation their range. Most of these surveys target other larger recreational fish species. other species, primarily salmonids, and Monitoring surveys have resulted in As a forage species, longfin smelt are rarely collect longfin smelt outside of high numbers of longfin smelt mortality preyed upon by a variety of fishes, the Bay-Delta area. in the Bay-Delta in the past, but efforts birds, and mammals (Barnhart et al. Within the Bay-Delta, longfin smelt being made to reduce survey mortality 1992, p. 44). However, we found little are regularly captured in monitoring for delta smelt, such as reductions in information on predation of longfin surveys. The Interagency Ecological tow times, likely have also benefitted smelt other than information for the Program (IEP) implements scientific longfin smelt. The scientific collection Bay-Delta population and Lake research in the Bay-Delta. Although the surveys being conducted in the Bay- Washington population. The striped focus of its studies and the level of effort Delta are limited to research designed to bass (Morone saxatilis) is a potential have changed over time, in general, benefit the species, and mortality from predator of longfin smelt in the Bay- their surveys have been directed at monitoring surveys has not been Delta. Striped bass were introduced into researching the Pelagic Organism identified as a factor in the longfin the Bay-Delta in 1879 and quickly Decline in the Bay-Delta. Between the smelt’s recent population decline. We became abundant throughout the years of 1987 to 2011, combined take of have no information indicating that estuary. However, their numbers have

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declined substantially over the last 40 including longfin smelt populations NEPA document. Therefore, we do not years (Thomson et al. 2010, p. 1440), (Norwak et al. 2004, pp. 633–634). consider the NEPA process in itself is to and they are one of the four species be a regulatory mechanism that is Summary of Factor C studied under Pelagic Organism Decline certain to provide significant protection investigations (Baxter et al. 2010, p. 16). Similar to other threats, very little for the longfin smelt. Numbers of largemouth bass information is available about disease or Central Valley Project Improvement Act (Micropterus dolomieui), another predation threats to longfin smelt introduced species in the Bay-Delta, populations outside of the Bay-Delta. The Central Valley Project have increased in the Delta over the past We found no information that disease is Improvement Act (Pub. L. 102–575) few decades (Brown and Michniuk a threat to the longfin smelt throughout (CVPIA) amends the previous Central 2007, p. 196). Largemouth bass, its range. Longfin smelt is a small fish Valley Project authorizations to include however, occur in shallow freshwater that is preyed upon by a wide variety of fish and wildlife protection, restoration, habitats, closer to shore than the pelagic fish, birds, and mammals, but we found and mitigation as project purposes longfin smelt, and do not typically co- no information documenting predation having equal priority with irrigation and occur with longfin smelt. Baxter et al. as a threat to the species rangewide. domestic uses, and fish and wildlife (2010, p. 40) reported that no longfin Predation, along with mortality from enhancement as having an equal smelt have been found in largemouth entrainment (see Factor E: Entrainment priority with power generation (Pub. L. bass stomachs sampled in a recent study Losses, below), has been identified as a 102–575, October 30, 1992; Bureau of of largemouth bass diet. Moyle (2002, p. top-down effect that may be Reclamation 2009). Included in CVPIA 238) believed that inland silverside contributing to recent declines of section 3406 (b)(2) was a provision to (Menidia beryllina), another nonnative longfin smelt and other pelagic fish dedicate 800,000 acre-feet of Central predatory fish, may be an important species in the Bay-Delta estuary (Pelagic Valley Project yield annually (referred predator on longfin smelt eggs, larvae, Organism Decline) (Sommer et al. 2007, to as ‘‘(b)(2) water’’) for fish, wildlife, juveniles, and adults. Rosenfield (2010, p. 275). However, factors contributing to and habitat restoration. Since 1993, p. 18) acknowledged that they are likely the Pelagic Organism Decline are (b)(2) water has been used and major predators of longfin smelt eggs numerous and complex, and the supplemented with acquired and larvae but thought it unlikely that combination of underlying causal environmental water (Environmental they were an important predator on mechanisms remains uncertain (Baxter Water Account and CVPIA section 3406 juveniles and subadults because inland et al. 2010, pp. 61–69). Therefore, based (b)(3) water) to increase stream flows silversides prefer shallow water habitats on our review of the best available and reduce Central Valley Project export whereas juvenile and subadult longfin scientific and commercial information, pumping in the Delta. These smelt do not. we conclude that disease or predation management actions were taken to In the Bay-Delta, predation of longfin are not significant current or future contribute to the CVPIA salmonid smelt may be high in the Clifton Court threats to the longfin smelt throughout population doubling goals and to Forebay, where the SWP water export its range. protect Delta smelt and their habitat pumping plant is located (Moyle 2002, (Guinee 2011, pers. comm.). As p. 238; Baxter et al. 2010, p. 42). Factor D. The Inadequacy of Existing discussed above, (see Biology and However, once they are entrained in the Regulatory Mechanisms Factor A discussions), increased freshwater flows have been shown to be Clifton Court Forebay, longfin smelt Federal Laws mortality would be high anyway due to positively correlated with longfin smelt high water temperatures in the forebay A number of federal environmental abundance; therefore, these (CDFG 2009b, p. 4) and entrainment laws and regulations exist that may management actions, although targeted into the SWP water export pumping provide some protection for longfin towards other species, should also plant. In addition to elevated predation smelt: the National Environmental benefit longfin smelt. Policy Act, the Central Valley Project levels in the Clifton Court Forebay, Clean Water Act predation also is concentrated at sites Improvement Act, and the Clean Water where fish salvaged from the SWP and Act. Established in 1977, the Clean Water Act (33 U.S.C. 1251 et seq.) is the CVP export facilities are released (Moyle National Environmental Policy Act 2002, p. 238). However, few longfin primary Federal law in the United smelt survive the salvage and transport The National Environmental Policy States regulating water pollution. It process (see Factor E: Entrainment Act (NEPA) (42 U.S.C. 4321 et seq.) employs a variety of regulatory and non- Losses, below) and therefore predation requires all Federal agencies to formally regulatory means to reduce direct water is not expected to be an important factor document, consider, and publicly quality impacts and manage polluted at drop-off sites. Reduced freshwater disclose the environmental impacts of runoff. The Clean Water Act provides flows may result in lower turbidity and major Federal actions and management the basis for the National Pollutant increased water clarity (see Factor A, decisions significantly affecting the Discharge Elimination System (NPDES) above), which may contribute to human environment. NEPA and gives the Environmental Protection increased risk of predation (Baxter et al. documentation is provided in an Agency (EPA) the authority to set 2010, p. 64). environmental impact statement, an effluent limits and require any entity In Lake Washington, longfin are environmental assessment, or a discharging pollutants to obtain a preyed upon by prickly sculpin (Cottus categorical exclusion, and may be NPDES permit. The EPA is authorized asper) (Tabor et al. 2007, p. 1085) and subject to administrative or judicial through the Clean Water Act to delegate cutthroat trout (Oncorhynchus clarki) appeal. However, the Federal agency is the authority to issue NPDES permits to (Norwak et al. 2004, p. 632; Beauchamp not required to select an alternative State governments and has done so in et al. 1992, p. 156). Cutthroat trout have having the least significant California. In States that have been displaced the northern pikeminnow as environmental impacts, and may select authorized to implement Clean Water the most important predator in Lake an action that will adversely affect Act programs, EPA retains oversight Washington and may be having an effect sensitive species provided that these responsibilities. Water bodies that do on other components of the ecosystem, effects are known and identified in a not meet applicable water quality

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standards are placed on the section between December and February may that establishes the State Water 303(d) list of impaired water bodies, and not exceed five times the Fall Midwater Resources Control Board (SWRCB) and the State is required to develop Trawl longfin smelt annual abundance nine Regional Water Quality Control appropriate total maximum daily loads index. Also, if longfin abundance is low Boards that are responsible for the (TMDL) for the water body. A TMDL is and surveys indicate that adults are regulation of activities and factors that a calculation of the maximum amount of distributed close to the export pumps, could degrade California water quality a pollutant that a water body can receive the Smelt Working Group may consider and for the allocation of surface water and still meet water quality standards. making recommendations for Old and rights (California Water Code Division At present, TMDLs are not in place in Middle River Flows that would reduce 7). In 1995, the SWRCB developed the all impaired watersheds in which pumping (CDFG 2009c, pp. 1–34; Smelt Bay-Delta Water Quality Control Plan longfin smelt are known to occur. The Working Group 2011, p. 4). that established water quality objectives Clean Water Act has not effectively for the Delta. This plan is currently California Environmental Quality Act limited ammonia input into the system, implemented by Water Rights Decision and ammonia has been shown to The California Environmental Quality 1641, which imposes flow and water negatively affect the longfin smelt’s food Act ((CEQA) (Public Resources Code quality standards on State and Federal supply. section 21000 et seq.)) requires review water export facilities to assure of any project that is undertaken, protection of beneficial uses in the Delta State Laws funded, or permitted by the State of (USFWS 2008, pp. 21–27). The various The State of California has a number California or a local government agency. flow objectives and export restraints of environmental laws and regulations If significant effects are identified, the were designed, in part, to protect which may provide some protection for lead agency has the option of requiring fisheries. These objectives include longfin smelt: California Endangered mitigation through changes in the specific freshwater flow requirements Species Act, California Environmental project or to decide that overriding throughout the year, specific water Quality Act, California Marine Invasive considerations make mitigation export restraints in the spring, and Species Act, Porter-Cologne Water infeasible (CEQA sec. 21002). In the water export limits based on a Quality Control Act, and regulatory latter case, projects may be approved percentage of estuary inflow throughout prohibitions on streambed alterations. that cause significant environmental the year. The water quality objectives damage, such as destruction of listed California Endangered Species Act were designed to protect agricultural, endangered species or their habitat. municipal, industrial, and fishery uses; Longfin smelt was listed as threatened Protection of listed species through they vary throughout the year and by under the California Endangered CEQA is, therefore, dependent on the the wetness of the year. Species Act (CESA) (California Fish and discretion of the lead agency. The CEQA In December 2010, the California Game Code 2050 et seq.) in 2009. The review process ensures that a full Central Valley Regional Water Quality CESA prohibits unpermitted possession, environmental review is undertaken Control Board (Regional Board) adopted purchase, sale, or take of listed species. prior to the permitting of any project a new National Pollutant Discharge and However, the CESA definition of take within longfin smelt habitat. Elimination System (NPDES) permit for does not include harm, which under the the Sacramento Regional Wastewater California Marine Invasive Species Act Act’s implementing regulations includes Treatment Plant to address ammonia significant modification or degradation The California Marine Invasive loading to the Sacramento River and the of habitat that actually kills or injures Species Act (AB 433) was passed in Delta. In January 2011, the Sacramento wildlife by significantly impairing 2003. This 2003 act requires ballast Regional County Sanitation District essential behavioral patterns (50 CFR water management for all vessels that petitioned the Regional Board for a 17.3). CESA allows take of species for intend to discharge ballast water in review of the permit, which may require otherwise lawful projects through use of California waters. All qualifying vessels a year or more. There is currently no an incidental take permit. An incidental coming from ports within the Pacific TMDL in place for ammonia discharge take permit requires that impacts be Coast region must conduct an exchange into the Sacramento watershed. The minimized and fully mitigated (CESA in waters at least 50 nautical mi offshore EPA is currently updating freshwater sections 2081 (b) and (c)). Furthermore, and 200 m (656 ft) deep or retain all ammonia criteria that will include new CESA requires that the issuance of the ballast water and associated sediments. discharge limits on ammonia (EPA permit will not jeopardize the continued To determine the effectiveness of the 2009, pp. 1–46). Ammonia has been existence of a State-listed species. The management provisions of this 2003 act, shown to have negative effects on prey CESA does require consultation the legislation also requires State items that longfin smelt rely upon (see between CDFG and other State agencies agencies to conduct a series of biological Factor E: Contaminants, below). This to ensure that activities of State agencies surveys to monitor new introductions to regulation does not adequately mitigate will not jeopardize the continued coastal and estuarine waters. These potential negative effects to longfin existence of State-listed species (CERES measures should further minimize the smelt from ammonia in the Bay-Delta. 2009, p. 1). Longfin Smelt Incidental introduction of new invasive species Streambed Alteration Take Permit No. 2081–2009–001–03 into California’s coastal waters that specifies that the Smelt Working Group, could be a threat to the longfin smelt. In California, section 1600 et seq. of which was created under the Service’s The Coastal Ecosystems Protection Act the California Fish and Game Code 2008 delta smelt biological opinion of 2006 deleted a sunset provision of the authorizes CDFG to regulate streambed (Service 2008, p. 30), provide Marine Invasive Species Act, making alteration. The CDFG must be notified of recommendations for export pumping the program permanent. and approve any work that substantially reduction to CDFG if any of several diverts, alters, or obstructs the natural criteria is reached. One of the criteria is Porter-Cologne Water Quality Control flow or that substantially changes the that total salvage of adult longfin smelt Act bed, channel, or banks of any river, (fish greater than or equal to 80 mm in The Porter-Cologne Water Quality stream, or lake. If an existing fish or length) at the State Water Project and Control Act (California Water Code wildlife resource, including longfin Central Valley Project export pumps 13000 et seq.) is a California State law smelt, may be substantially adversely

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affected by a project, the project mitigation components to this law, the Factor E. Other Natural or Manmade proponent must submit proposals to ADFG commissioner has the ability to Factors Affecting Its Continued protect the species to the CDFG at least deny a permit if he or she finds the Existence 90 days before the start of the project. plans and specifications are insufficient Other natural or manmade factors However, these proposals are subject to for the proper protection of anadromous potentially affecting the continued agreement by the project proponent. If fish. The Fishway or Fish Passage Act existence of longfin smelt include CDFG deems proposed measures to be (AS 15.05.841) requires that activities entrainment losses from water inadequate, a third party arbitration may within or crossing a stream obtain diversions, introduced species, and be initiated. However, projects that permission from ADFG if they will contaminants. cause significant environmental damage impede the passage of resident or such as destruction of species and their anadromous fish. This provides some Entrainment Losses habitat including longfin smelt may be degree of protection for longfin smelt, The only information we found on approved because the CDFG has no which is categorized as an anadromous entrainment losses of longfin smelt authority to deny requests for streambed fish in the State of Alaska. comes from the Bay-Delta population. alteration. Canadian Environmental Regulations Entrainment occurs when fish are Oregon Environmental Regulations drawn toward water diversions, where Oregon classifies longfin smelt as a The Canadian Environmental they are typically trapped or killed. In native migratory fish under Oregon Assessment Act (S.C. 1992, c. 37) was the Bay-Delta, water is diverted and fish Administrative Rule (Division 412, 635– passed by the Canadian Parliament in potentially entrained at four major water 412–0005). Operators of artificial 1992. The Act requires Federal export facilities within the Delta, two obstructions located in waters in which departments to conduct environmental power plants, and numerous small any native migratory fish are currently assessments for proposals where the water diversions throughout the Delta or were historically present must government is the proposer or the for agriculture and in Suisun Marsh for provide for fish passage requirements project involves Federal funding or waterfowl habitat. In their 2009 status during installation, replacement, or permitting. The Canadian review of longfin smelt, CDFG (2009, abandonment of artificial obstructions Environmental Protection Act of 1999 is pp. 19–26) summarized entrainment (ODFW 2011, p. 1). This State law helps intended to prevent pollution, protect losses at these water diversions. ensure passage of migratory longfin the environment and human health, and Water Export Facilities smelt between rearing and spawning contribute to promoting sustainable habitat. development. Canada has the Canadian The four State and Federal water Environmental Protection Act (CEPA), export facilities (pumping stations) in Washington Environmental Regulations which is equivalent to the United States’ the Delta are the State Water Project Washington’s State Environmental NEPA. It was enacted to protect (SWP) facility in the south Delta, the Policy Act (RCW 43.21C) provides a Canada’s natural resources through Central Valley Project (CVP) in the process similar to CEQA and is pollution prevention and sustainable south Delta, the Contra Costa facility in applicable to every State and local development. This provides some level the south Delta, and the North Bay agency in Washington State. This law of protection for longfin smelt from Aqueduct facility in the north Delta. requires State and local governments to pollution and habitat degradation. The The SWP and CVP facilities pump the majority of the water exported from the consider impacts to the environment longfin smelt is not currently a Delta. Average annual volumes of water and include public participation in protected species under the Species at exported from these facilities between project planning and decision making Risk Act (SARA) of 2002 (S.C. 2002 c. 1995 and 2005 were 3.60 km3 at the (Washington Division of Wildlife 2011, 29; SARA). SARA is similar to the SWP facility, 3.10 km3 at the CVP p. 1). Project proponents must submit a United States’ Endangered Species Act. facility, 0.15 km3 at the Contra Costa proposal for their project to the If the longfin smelt were determined by facility, and 0.05 km3 at the North Bay appropriate city, county, or State lead the Canadian government to need Aqueduct facility (Sommer et al. 2007, agency where the project is taking place. protection in the future, it could be p. 272). Depending on upstream flow The lead agency then makes a listed under SARA. determination of whether or not the through the Delta, operation of the SWP project will have significantly adverse Summary of Factor D and CVP facilities often causes reverse environmental impacts. The lead agency flows in the river channels leading to then may require the applicant to We evaluate existing regulatory them; longfin smelt that occupy these change the proposal to minimize mechanisms that have an effect on channels during certain times of the environmental impacts or in rare cases threats that we have identified year may be entrained by these reverse may deny the application (Washington elsewhere in the threats analysis. We do flows. The SWP and CVP water export State Department of Ecology (WSDE) not evaluate the lack of a regulatory facilities are equipped with their own 2002, pp. 1–2). mechanism that may address a fish collection facilities that divert particular threat if that regulatory entrained fish into holding pens using Alaska Environmental Regulations mechanism does not exist. We find that louver-bypass systems to protect them The Anadromous Fish Act (AS the threats to the longfin smelt and its from being killed in the pumps. The fish 16.05.871–.901) requires that anyone habitat on Federal, State, and private collected at the facilities are referred to desiring to alter a streambed or lands on a range-wide basis are minimal as ‘‘salvaged,’’ and are loaded onto waterbody first obtain a permit from the (Factors A, B, C and E). Existing federal tanker trucks and returned to the Alaska Department of Fish and Game regulatory mechanisms provide a degree western Delta downstream (Aasen 2009, (ADFG). Regulated activities include of protection for longfin smelt from p. 36). The movement of fish can result construction, road crossings, gravel these threats. Therefore, we find that in mortality due to overcrowding in the mining, water withdrawal, stream regulatory mechanisms provide tanks, stress, moving procedures, or realignment, and bank stabilization. adequate protections to longfin smelt predation at locations where the fish are Although there are no minimization or and its habitat throughout its range. released. Salvage is an index of

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entrainment, not an estimate, and is operations have been substantially million m3 (81.2 million ft3) of water much smaller than total entrainment reduced since the late 1970s, when high entering intakes, entrainment was found (Castillo et al. in review). Of spawning entrainment and impingement were to be low, capturing only 124 adult age fish (age-1 and age-2), which documented (CDFG 2009, p. 24); the longfin and 160 larvae (Enos et al. 2007, contribute most to longfin smelt power plants are now either kept offline p. 16). Restrictions on pumping have population dynamics in the Bay-Delta, or operating at very low levels, except been put in place to protect delta smelt the total number of longfin smelt as necessary to meet peak power needs. and salmon. These restrictions likely salvaged at both pumps between 1993 From 2007–2010, capacity utilization of also benefit longfin smelt. and 2007 was 1,133 (CDFG 2009, these units averaged only 2.3 percent of Attachment 3, p. 2). maximum capacity. No longfin smelt Introduced Species Fish entering the intake channel of were detected during impingement Nonnative introduced species (both the CVP or the radial gates of the sampling conducted between May of plants and animals) are common in 31,000-acre Clifton Court Forebay 2010 and April of 2011 to monitor many of the estuaries within the range reservoir (SWP) are considered entrainment losses at the two power of the longfin smelt. Introduced species entrained (Fujimura 2009, p. 5; CDFG plants (Tenera Environmental 2011, can significantly alter food webs in 2009b, p. 2). Most longfin smelt that entire). The company that owns the two aquatic ecosystems. Introduced animal become entrained in Clifton Court power plants has committed to retiring species can adversely affect longfin Forebay are unable to escape (CDFG one of the two power stations in 2013 smelt through predation (see Factor C 2009b, p. 4). The number of fish (Contra Costa Generating Station) and discussion, above) or competition. entrained at the SWP and CVP facilities has made this commitment enforceable Although introduced species are has never been determined directly, but through amendments to its Clean Air common within many of the estuaries entrainment losses have been estimated Act Title V permit (Raifsnider 2011, occupied by longfin smelt, most of the indirectly using data from research and pers. comm.). information we found on effects of monitoring efforts. The magnitude of Agricultural Diversions introduced species on longfin smelt was entrainment of larval longfin smelt is for the Bay-Delta population. unknown because only fish greater than Water is diverted at numerous sites 20 mm in length are salvaged at the two throughout the Bay-Delta for Bay-Delta Population agricultural irrigation. Herren and facilities (Baxter et al. 2008, p. 21). In The Bay-Delta is considered one of Kawasaki (2001) reported over 2,200 years with low freshwater flows, the most highly invaded estuaries in the such water diversions within the Delta, approximately half of the longfin smelt world (Sommer et al. 2007, p. 272). larvae and early juveniles may remain but CDFG (2009, p. 25) notes that number may be high because Herren Longfin smelt abundance in the Bay- for weeks within the Sacramento-San Delta has remained low since the mid- Joaquin Delta (Dege and Brown 2004), and Kawasaki (2001) did not accurately 1980s (see Abundance section, above). where model simulations indicate they distinguish intake siphons and pumps This long-term decline has been at least are vulnerable to entrainment into State from discharge pipes. CALFED’s partially attributed to effects of the Water Project, Central Valley Project, Ecosystem Restoration Program (ERP) introduced overbite clam (Kimmerer and other diversions (Kimmerer and includes a program to screen remaining 2002a, p. 47; Sommer et al. 2007, p. 274; Nobriga 2008, CDFG 2009a, p. 8). unscreened small agricultural Entrainment is no longer considered a diversions in the Delta and the Rosenfield and Baxter 2007, p. 1589; major threat to longfin smelt in the Bay- Sacramento and San Joaquin Rivers. The Baxter et al. 2010, pp. 61–62). The Delta because of current regulations. purpose of screening fish diversions is overbite clam has impacted zooplankton Efforts to reduce delta smelt to prevent entrainment losses; however, abundance and species composition by entrainment loss through the very little information is available on grazing on the phytoplankton that implementation of the 2008 delta smelt the efficacy of screening these comprise part of the zooplankton’s food biological opinion and the listing of diversions (Moyle and Israel 2005, p. base (Orsi and Mecum 1996, pp. 384– longfin smelt under the CESA have 20). Agricultural operations begin to 386) and by grazing on larval stages of likely reduced longfin smelt divert water in March and April, and certain zooplankton like Eurytemora entrainment losses. The high rate of many longfin smelt have begun leaving affinis (no common name) (Kimmerer entrainment that occurred in 2002 that the Delta by this time. Water diversions 2002, p. 51; Sommer et al. 2007, pp. threatened the Bay Delta longfin smelt are primarily located on the edge of 274–276). Longfin smelt recruitment population is unlikely to recur, and channels and along river banks. Longfin (replacement of individuals by the next would no longer be allowed under smelt are a pelagic fish species and tend generation) has steadily declined since today’s regulations because limits on to occupy the middle of the channel and 1987, even after adjusting for Delta longfin smelt take due to CESA the middle of the water column, where freshwater flows (Nobriga 2010, slide 5). regulations (see Factor D discussion, they are unlikely to be vulnerable to These data suggest that changes in the below) would trigger reductions in the entrainment into these diversions. estuary’s food web following magnitude of reverse flows. introduction of the overbite clam may Suisun Marsh Diversions have had substantial and long-term Power Plants There are 366 diversions in Suisun impacts on longfin smelt population Two power plants located near the Marsh used to enhance waterfowl dynamics in the Bay-Delta. confluence of the Sacramento and San habitat (USFWS 2008, p. 172). Water is Numerous other invasive plant and Joaquin Rivers, the Contra Costa pumped at these diversions between animal species have been introduced Generating Station and the Pittsburg October and May. Longfin larvae are into the Bay-Delta, and ecosystem Generating Station, pose an entrainment abundant in the Marsh from February disruptions will undoubtedly continue risk to longfin smelt. Past entrainment through April, while adults are as new species are introduced. Sommer losses of delta smelt at these two abundant from October to February et al. (2007, p. 272) note that the quagga facilities were significant and (Meng and Mattern 2001, p. 756; mussel (Dreissna bugensis) was considered a threat to delta smelt (75 FR Rosenfield and Baxter 2007, p. 1588). discovered in southern California in late 17671; April 7, 2010). Power plant During a 2-year study sampling 2.3 2006, and that it could become

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established in the Bay-Delta and cause Numerous nonnative, invasive plant to agricultural drainage water from the substantial ecosystem disruption. and animal species have established San Joaquin River watershed can exhibit populations within the Columbia River body burdens of selenium exceeding the Other Populations estuary. Nonnative, invasive plants and level at which reproductive failure and The Eel River is undergoing a shift fish are the largest taxa to inhabit the increased juvenile mortality occur (Saiki from native anadromous to resident estuary, followed by mollusks and et al. 2001, p. 629). Toxicity studies introduced fish species. Of particular crustaceans (Sanderson et al. 2009, pp. specific to longfin smelt are not importance are the California roach 245–256). American shad was available, but data do exist for other fish (Hesperoleucus symmetricus) and the introduced in the Columbia River soon species such as the delta smelt, a related Sacramento pikeminnow (Ptychocheilus after 1871 (Petersen et al. 2011, pp. 1– species. Longfin smelt could be grandis) (Brown and Moyle 1997, p. 42). The spawning adult shad similarly affected by contaminants as 274). The Sacramento pikeminnow is population in the Columbia River is some life stages utilize similar habitat known to cause shifts in spatial more than 5,000,000 individuals, the and prey resources, and longfin smelt distribution of native species (Brown & largest anywhere (Petersen et al. 2011, have a physiology similar to delta smelt. Moyle 1991, p. 856). The Sacramento pp. 1–42). Shad may have large, Kuivila and Moon (2004, p. 239) found pikeminnow preys on native fishes, negative effects on Columbia River that peak densities of larval and juvenile particularly emigrating juvenile ecosystems, as adult and juvenile shad delta smelt sometimes coincided in time salmonids (Moyle 2002, p. 156) and prey on zooplankton, thereby reducing and space with elevated concentrations likely preys upon the longfin smelt the availability of prey for other fish of dissolved pesticides in the spring. when present. species (Sanderson et al. 2009, pp. 245– These periods of co-occurrence lasted In Humboldt Bay, one study recorded 256). Also present in the lower for up to 2 to 3 weeks. Concentrations 73 nonnative species, with another 13 Columbia River are channel catfish of individual pesticides were low and species of uncertain status (Boyd 2002, (Ictalurus punctatus), striped bass, much less than would be expected to pp. 89–91). Many of the nonnative smallmouth bass (Microperterus cause acute mortality; however, the species, most of which are invertebrates, dolomieui), largemouth bass effects of exposure to the complex have been present in the Bay for over (Micropterus salmoides), and walleye mixtures of pesticides are unknown. 100 years, although some introductions (Sander vitreus). These nonnative fishes have also occurred more recently (Boyd Bay-Delta waters are listed as are aggressive predators and have likely 2002, pp. 89–91). It is possible that the impaired for several legacy and substantially altered food webs in the presence of some of these introduced currently used pesticides under the Columbia River estuary (Sanderson et species have resulted in changes to the Clean Water Act section 303(d) al. 2009, pp. 245–256). The Eurasian food web resulting in changes to longfin (California Department of Pesticide smelt food availability in Humboldt water milfoil (Myriophyllum spicatum) Regulation 2011, p. 1). Concentrations Bay, as has occurred in the Bay-Delta. may have been introduced into the of dissolved pesticides vary in the Delta However, there are no data with which lower Columbia River by ballast water both temporally and spatially (Kuivila to evaluate this hypothesis. Commercial from European ships in the 1800s 2000, p. 1). Several areas of the Delta, oyster culturing in Humboldt Bay began (Aiken et al. 1979, pp. 201–215). It particularly the San Joaquin River and in 1955 (Barrett 1963, p. 38). Oyster forms dense mats of vegetation and its tributaries, are impaired due to culture beds within the bay are located results in reduced dissolved oxygen elevated levels of diazinon and in areas that are favorable to eelgrass concentrations as the plants decompose, chlorpyrifos, which are toxic at low (Zostera marina), and the harvesting of altering aquatic ecosystem chemistry concentrations to some aquatic oysters in these beds has resulted in a and function (Cronin et al. 2006, pp. 37– organisms (MacCoy et al. 1995, pp. 21– reduction of and damage to native 43; Unmuth et al. 2000, pp. 497–503), 30). Several studies have demonstrated eelgrass in Humboldt Bay (Trianni 1996, which could potentially restrict longfin the acute and chronic toxicity of two p. 4; Rummrill and Poulton 2004, p. 2). smelt distribution in the region. common dormant-spray insecticides, Longfin smelt are known to feed on Hundreds of invasive plants and diazinon and esfenvalerate, in fish fauna found on native eelgrass, and animals have found their way into Puget species (Barry et al. 1995, p. 273; therefore loss of eelgrass communities Sound through importation of soils, Goodman et al. 1979, p. 479; Holdway could result in lower levels of longfin plants, fruits, and seeds; through boat et al.; 1994, p. 169; Scholz et al. 2000, smelt prey, possibly resulting in hulls and ship ballast water discharge; p. 1911; Tanner and Knuth 1996, decreased longfin smelt survival. and through intentional human releases. p. 244). Over 100 species of nonnative, Invasive tunicate species that reproduce Pyrethroid pesticides are of particular invasive aquatic plants and animals quickly and cover docks and boat hulls concern because of their widespread have been documented in the Yaquina are also present in the sound (Puget use, and their tendency to be genotoxic Bay estuary in Oregon (Oregon State Sound Partnership 2008b, p. 26). (DNA damaging) to fishes at low doses University 2011, p. 1). One of the plants Contaminants (in the range of micrograms per liter) that has become established is Zostera (Campana et al. 1999, p. 159). The japonica, a seagrass that was introduced Bay-Delta pyrethroid esfenvalerate is associated to Yaquina Bay as live packing material Similar to other potential threats to with delayed spawning and reduced for Japanese oysters. It poses a longfin smelt, most of the information larval survival of bluegill sunfish competitive threat to the native eelgrass available is for the Bay-Delta. In 2009, (Lepomis macrochirus) (Tanner and (Brown et al. 2007, p. 9), and longfin over 15 million pounds of pesticides Knuth 1996, pp. 246–250) and increased smelt are known to feed on fauna found were applied within the five-county susceptibility of juvenile Chinook on native eelgrass (Phillips 1984, pp. 1– Bay-Delta area (California Department of salmon (Oncorhynchus tshawytscha) to 85). Invasive fish species in Yaquina Pesticide Regulation 2011, p. 1). disease (Clifford et al. 2005, pp. 1770– Bay include American shad (Alosa Toxicity to invertebrates has been noted 1771). In addition, synthetic pyrethroids sapidissima), common carp (Cyprinus in water and sediments from the Delta may interfere with nerve cell function, carpio), bass (Micropterus spp.), and and associated watersheds (e.g., Werner which could eventually result in walleye (Sander vitreum). et al. 2000, pp. 218, 223). Fish exposed paralysis (Bradbury and Coats 1989, pp.

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377–378; Shafer and Meyer 2004, pp. Ammonia is un-ionized and has the from Redding (MacCoy and Domagalski 304–305). chemical formula NH3. Ammonium is 1999, p. 35). Copper and other metals + Weston and Lydy (2010, p. 1835) ionized and has the formula NH4 . The may affect aquatic organisms in upper found the largest source of pyrethroids major factors determining the portions of contributing watersheds of flowing into the Delta to be coming from proportion of ammonia or ammonium in the Delta. Mercury and its bioavailable the Sacramento Regional Water water are water pH and temperature. form (methylmercury) are distributed Treatment Plant (SRWTP), where only This is important, as NH3 ammonia is throughout the estuary, although secondary treatment occurs. Their data the form that can be directly toxic to unevenly. Mercury has been known to + not only indicate the presence of these aquatic organisms, and NH4 bioaccumulate and cause neurological contaminants, but the concentrations ammonium is the form documented to effects in some fish species, but it has found exceeded acute toxicity interfere with uptake of nitrates by not been associated with the Pelagic thresholds for the amphipod Hyalella phytoplankton (Dugdale et al. 2007, p. Organism Decline (Baxter et al. 2010, p. azteca. This is of substantial concern 17; Jassby 2008, p. 3). 28). No specific information is available because the use of insecticides in the Effects of elevated ammonia levels on on the effects of mercury exposures to urban environment had not before been fish range from irritation of skin, gills, longfin smelt. Selenium, introduced considered the primary source of and eyes to reduced swimming ability into the estuary primarily from insecticides flowing into the Delta. and mortality (Wicks et al. 2002, p. 67). agricultural irrigation runoff via the San Furthermore, this was not the case for Delta smelt have been shown to be Joaquin River drainage and oil the Stockton Waste Water Treatment directly sensitive to ammonia at the refineries, has been implicated in toxic facility, where tertiary treatment occurs, larval and juvenile stages (Werner et al. and reproductive effects in fish and suggesting that the tertiary treatment 2008, pp. 85–88). Longfin smelt could wildlife (Baxter 2010 et al., p. 28; that occurs at the Stockton facility could similarly be affected by ammonia as Linville et al. 2002, p. 52). Selenium minimize or eliminate toxic effluent they utilize similar habitat and prey exposure has been shown to have effects being dispersed from wastewater resources and have a physiology similar on some benthic foraging species; facilities (Baxter et.al. 2010, p. 33). to delta smelt. Ammonia also can be however there is no evidence that Several studies were initiated in 2005 toxic to several species of copepods selenium exposure is contributing to the to address the possible role of important to larval and juvenile fishes decline of longfin smelt or other pelagic contaminants and disease in the (Werner et al. 2010, pp. 78–79; Teh et species in the Bay-Delta (Baxter et al. declines of Bay-Delta fish and other al. 2011, pp. 25–27). 2010, p. 28). aquatic species. The primary study In addition to direct effects on fish, Large blooms of toxic Microcystis consists of twice-monthly monitoring of ammonia in the form of ammonium has aeruginosa (blue-green algae) were first ambient water toxicity at 15 sites in the been shown to alter the food web by documented in the Bay-Delta during the Bay-Delta and Suisun Bay (Baxter et al. adversely impacting phytoplankton and summer of 1999 (Lehman et al. 2005, p. 2010, pp. 16, 17, 30). Significant zooplankton dynamics in the estuary 87). M. aeruginosa forms large colonies mortality of amphipods was observed in ecosystem. Historical data show that throughout most of the Delta and 5.6 percent of samples collected in decreases in Suisun Bay phytoplankton increasingly down into eastern Suisun 2006–2007 and 0.5 percent of samples biomass coincide with increased Bay (Lehman et al. 2005, p. 92). Blooms collected in 2008–2009. Werner et al. ammonia discharge by the SRWTP typically occur when water (2010b, p. 3) found that larval delta (Parker et al. 2004, p. 7; Dugdale et al. temperatures are above 20 °C (68 °F) smelt were between 1.8 and 11 times 2011, p. 1). Phytoplankton preferentially (Lehman et al. 2005, p. 87). Preliminary more sensitive than fathead minnows take up ammonium over nitrate when it evidence indicates that the toxins (Pimephales promelas) to copper, is present in the water. Ammonium is produced by local blooms are not ammonia, and all insecticides except insufficient to provide for growth in directly toxic to fishes at current permethrin. Aquatic insects in which phytoplankton, and uptake of concentrations (Baxter et al. 2010, p. the longfin smelt relies upon for food ammonium to the exclusion of nitrate 10). However, the copepods that the have been shown to be sensitive to results in decreases in phytoplankton related delta smelt eat are particularly ammonia. H. azteca was the most biomass (Dugdale et al. 2007, p. 23). susceptible to those toxins (Ger 2008, sensitive to all pyrethroids tested, while Therefore, ammonium impairs primary pp. 12, 13). Microcystis blooms may also E. affinis and C. Dubia were the most productivity by reducing nitrate uptake decrease dissolved oxygen to lethal sensitive to ammonia (Werner et al. in phytoplankton. Ammonium’s levels for fish (Lehman et al. 2005, p. 2010b, pp. 18, 23). Pyrethroids are of negative effect on the food web has been 97). Blooms typically occur between late particular interest because use of these documented in the longfin smelt rearing spring and early fall when the majority insecticides has increased within the areas of San Francisco Bay and Suisun of longfin smelt occur farther Bay-Delta watershed as use of Bay (Dugdale et al. 2007, pp. 26–28). downstream, so effects are expected to organophosphate insecticides has Decreased primary productivity results be minimal. declined. Longfin smelt are probably in less food available to longfin smelt most vulnerable to the effects of toxic and other fish in these bays. Other Populations substances during the winter and Several streams that flow into the As in the Bay-Delta, pesticide and spring, when their early life stages occur Bay-Delta are listed as impaired because metals contamination occurs in Yaquina in the Delta and Suisun and San Pablo of high concentrations of metals such as Bay, the Columbia River, and the Fraser Bays, where they are closer to point and cadmium, copper, lead, and zinc. Metal River (Johnson et al. 2007, p. 1; Lower non-point inputs of contaminants from concentrations have been found to be Columbia River Estuary Partnership runoff. toxic to fish in the upper Sacramento (LCREP) 2011, p. 1; Blomquist, 2005, p. The largest source of ammonia River near and downstream from 8). Ammonia contamination occurs in entering the Delta ecosystem is the Redding (Alpers et al. 2000a, p. 4; the Klamath River (Oregon Department Sacramento Regional Wastewater 2000b, p. 5). Elevated levels of metals of Environmental Quality (ODEQ) 2011, Treatment Plant (SRWTP), which such as copper in streambed sediment p. 1) and Cook Inlet (ADEC 2011a, p. 1), accounts for 90 percent of the total continue to occur in the upper and toxic algal blooms occur in the ammonia load released into the Delta. Sacramento River Basin downstream Klamath River (California State Water

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Resources Control Board (CSWRCB) estuaries throughout the species’ range, abundance outside the Bay-Delta is 2010, p. 1) and Yaquina Bay (ODEQ including the Bay-Delta. limited. Although monitoring data Water Quality Assessment Online indicate a significant decline in the Summary of Factor E Database 2011). abundance of longfin smelt in the Bay- Industrial contaminants such as We evaluated whether entrainment Delta, population monitoring for other dioxins, polychlorinated biphenyls losses, introduced species, and populations is not available. Estuaries (PCBs), and polyaromatic hydrocarbons contaminants threaten the longfin smelt are complex ecosystems, and different (PAHs) occur in Humboldt Bay throughout its range. Longfin smelt is estuaries within the longfin smelt’s (NCRWQCB 2010 pp. 3–4), Yaquina Bay broadly distributed across a wide range vary greatly in their (Johnson et al. 2007, p. 1), the Columbia variety of estuaries from central environmental characteristics and in River (LCREP 2011, p. 1), Puget Sound California to Alaska, and there is no how they are managed. For example, in (Puget Sound Partnership 2008b, p. 21), monitoring data documenting a no estuary within the range of the and the Fraser River (British Columbia population decline other than the longfin smelt, other than the Bay-Delta, Ministry of Environment 2001, pp. 5–6; population decline in the Bay-Delta. are large volumes (up to 35 percent of Blomquist, 2005, p. 8). Suspended Because the Bay-Delta system is one freshwater inflow between February and sediment is a contaminant in the Eel of the largest man made water systems June, and up to 65 percent of inflow River (Downie 2010, p. 10), Humboldt in the world, it would be impractical to between July and January) of freshwater Bay (NCRWQCB 2010 pp. 3–4), Yaquina compare diversions and alterations in pumped directly out of the estuary. Bay (ODEQ Water Quality Assessment other estuaries to diversions and Under Factor A, channel disturbances Online Database 2011), and Puget alterations in the Bay-Delta. The effects may have localized impacts to longfin Sound (WA Department Ecology 2008, of entrainment in the Bay-Delta are smelt habitat suitability. However, we p. 1). Nutrient enrichment and low unique to the estuary because of the conclude that these activities are not levels of dissolved oxygen occur in the large water diversions. Because significant threats to longfin smelt Klamath River (CSWRCB 2010, p.1), diversions in other estuaries are much throughout its range. Climate change Yaquina Bay (Bricker et al. 1999, pp. 1– smaller, we expect that the effects from will likely affect longfin smelt in 71), and Fraser River (British Columbia these diversions would be minimal in multiple ways, but longfin smelt are Ministry of Environment 2001, pp. 5–6). relation to the effects in the Bay-Delta. able to move between a wide range of Fecal coliform and other forms of We have no information to show that aquatic environments that vary greatly bacteria contaminate Yaquina Bay, entrainment is a threat to longfin smelt in water temperature and salinity, and Puget Sound, the Fraser River, and Cook throughout its range. these behavioral and physiological Inlet (Brown et al 2007, pp. 16–17, WA Introduced species and contaminants characteristics of the species may help Department Ecology 2008, p. 1, are threats to the Bay-Delta long smelt it adapt to the effects of climate change. Blomquist, 2005, p. 8, ADEC 2011a, population, but there is no information We conclude that the best available p. 1). indicating that they are threats to the information does not indicate that Oregon and Washington States have species in other parts of its range. climate change threatens the continued listed multiple reaches of the Lower Although invasive species are present in existence of longfin smelt across its Columbia River on their Federal Clean other estuaries, none have been range. We conclude that reduced Water Act 303(d) lists, due to total documented to be having an effect on freshwater flows are a threat to the Bay- dissolved gas levels exceeding State the longfin smelt food supply like the Delta longfin smelt population, but not water quality standards. This occurs at overbite clam has had. Similarly, to the species in the rest of its range. several dams on these rivers where although contaminants are present in The Bay-Delta is unique among water flowing over the spillway of a other estuaries where the longfin smelt estuaries occupied by longfin smelt dam creates air bubbles. When these are resides, none have been shown to have because large volumes of freshwater are carried to depth in the dam’s stilling effects on the longfin smelt food supply exported away from the estuary on an basin, the higher hydrostatic pressure like ammonia in the Bay-Delta has been annual basis. In addition, it is difficult forces air from the bubbles into solution. shown to have. to extrapolate from the Bay-Delta to The result is water supersaturated with other estuaries because the effects of Finding dissolved nitrogen, oxygen, and the water management in the Bay-Delta are other constituents of air (ODEQ 2002, p. As required by the Act, we considered likely unique to the physical, geologic, ix). High total dissolved gas levels can the five factors in assessing whether the and hydrologic environment of that cause gas bubble trauma in fish, which longfin smelt is endangered or estuary. We conclude that the best can result in injury or mortality to fish threatened throughout all of its range. scientific information available species (ODEQ 2002, pp. 1–150). We have carefully examined the best indicates that continued existence of the scientific and commercial information longfin smelt is not threatened in any Summary of Contaminants available regarding the past, present, part of its range outside of the Bay-Delta Most fish including longfin smelt can and future threats faced by the longfin by the present or threatened destruction, be sensitive to adverse effects from smelt. We reviewed the petition, modification, or curtailment of its contaminants in their larval or juvenile information available in our files, other habitat or range now or in the stages. Adverse effects to longfin smelt available published and unpublished foreseeable future would be more likely to occur where information, and we consulted with Under Factor B, we evaluated sources of contaminants occur in close recognized longfin experts and other potential threats from recreational and proximity to spawning and rearing Federal and State agencies. commercial fishing and from monitoring habitats (brackish or fresh waters). Little information is available on surveys on longfin smelt. Longfin smelt Laboratory studies have shown certain longfin smelt populations other than the are protected from intentional take in contaminants to potentially have Bay-Delta and Lake Washington California because the species is listed adverse effects on individual delta populations. Smelt caught along the as threatened under CESA. Efforts have smelt, a related species. Field studies Pacific Coast are rarely identified to been made to reduce mortality of have shown that the contaminants of species. Therefore, information on longfin smelt as bycatch in a bay shrimp concern are elevated in some of the longfin smelt distribution and trawl commercial fishery and in

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monitoring surveys in the Bay-Delta. Under the Services’ (joint policy of the the estuary within Suisun Bay, San Longfin smelt is caught as part of Fish and Wildlife Service and National Pablo Bay, and central San Francisco recreational or commercial fisheries in Marine Fisheries Service) DPS policy Bay. At least a portion of the population Oregon, Washington, British Columbia, (61 FR 4722; February 7, 1996), three also migrates into the near-coastal and Alaska, but numbers of fish caught elements are considered in the decision waters of the Gulf of Farallones are considered low, and we found no concerning the establishment and (Rosenfield and Baxter 2007, p. 1590). evidence that fisheries harvest was classification of a possible DPS. These Although its swimming capabilities causing population declines of longfin are applied similarly for additions to or have not been studied, it is a small fish smelt. We conclude that overutilization removal from the Federal List of believed to have a limited swimming is not a significant current or future Endangered and Threatened Wildlife. capacity (Moyle 2010, pp. 5–6). How threat to longfin smelt across its range. These elements include: (1) The longfin smelt return to the Bay-Delta Under Factor C, we evaluated discreteness of a population in relation from the Gulf of Farallones is not known potential threats from disease and to the remainder of the species to which (Rosenfield and Baxter 2007, p.1590). predation. We found no evidence of it belongs; (2) the significance of the The Bay-Delta population is the rangewide threats to the continued population segment to the species to southernmost population of longfin existence of the species due to disease which it belongs; and (3) the population smelt and is separated from other or predation, now or in the foreseeable segment’s conservation status in relation longfin smelt breeding populations by future. to the Act’s standards for listing, 56 km (35 mi). The nearest location to Under Factor D, we conclude that delisting, or reclassification (i.e., is the the Bay-Delta where longfin smelt have several Federal and State laws and population segment endangered or been caught is the Russian River, regulations provide varying levels of threatened). We have identified one located north of the Bay-Delta; however, protection for the longfin smelt population that potentially meets all little information is available for this throughout its range. Several of these three elements of the 1996 DPS policy— population (see Distribution section, regulatory mechanisms promote the population that occurs in the Bay- above). Due to limited freshwater flow protection of longfin smelt habitat and Delta estuary. During the rangewide into the estuary and interannual provide tools to implement these habitat five-factor analysis, significant threats variation in freshwater flow, it is protections. We conclude that longfin were identified only for the Bay-Delta unlikely that the estuary provides smelt is not threatened throughout its population. Therefore, we determined sufficient potential spawning and range by inadequate regulatory that only the Bay-Delta population rearing habitat to support a regularly mechanisms, now or in the foreseeable potentially meets the third element of breeding longfin smelt population future. the DPS. (Moyle 2010, p. 4). Under Factor E, we evaluated The Eel River and Humboldt Bay are potential threats due to entrainment Discreteness the next nearest locations where longfin losses from water diversions, introduced Under the DPS policy, a population smelt are known to occur, and they are species, and contaminants. Information segment of a vertebrate taxon may be located much farther to the north—Eel indicates that introduced species are a considered discrete if it satisfies either River is located 394 km (245 mi) north threat to the Bay-Delta longfin smelt one of the following conditions: of the Bay-Delta, and Humboldt Bay is population and that ammonium may (1) It is markedly separated from other located 420 km (260 mi) north of the constitute a threat to the Bay-Delta populations of the same taxon as a Bay-Delta. Moyle (2010, p. 4) considered longfin smelt population, but consequence of physical, physiological, Humboldt Bay to be the only other information does not indicate that ecological, or behavioral factors. estuary in California potentially capable entrainment losses, introduced species, Quantitative measures of genetic or of supporting longfin smelt in most or contaminants are threatening longfin morphological discontinuity may years. smelt populations in other parts of its provide evidence of this separation. In our April 9, 2009, longfin smelt range, now or in the foreseeable future. (2) It is delimited by international 12-month finding (74 FR 16169), we Based upon our review of the best governmental boundaries within which concluded that the Bay-Delta population available scientific and commercial differences in control of exploitation, was not markedly separated from other information pertaining to the five management of habitat, conservation populations and, therefore, did not meet factors, we find that the threats are not status, or regulatory mechanisms exist the discreteness element of the 1996 of sufficient imminence, intensity, or that are significant in light of section DPS policy. This conclusion was based magnitude to indicate that the longfin 4(a)(1)(D) of the Act. in part on the assumption that ocean smelt is in danger of extinction currents likely facilitated dispersal of Marked Separation From Other (endangered), or likely to become anadromous longfin smelt to and from Populations as a Consequence of endangered within the foreseeable the Bay-Delta to other estuaries in Physical, Physiological, Ecological, or future (threatened), throughout all of its numbers that could readily sustain the Behavioral Factors range. Therefore, we find that listing the Bay-Delta population group if it was to longfin smelt as an endangered or The limited swimming capabilities of be extirpated. Since 2009, we have threatened species throughout all of its the longfin smelt, existing ocean current obtained information relevant to range is not warranted at this time. patterns, and the great distances assumptions that we made in the 2009 between the Bay-Delta and other known 12-month finding. Additional clarifying Distinct Vertebrate Population Segment breeding populations make it unlikely information comes in part from a Having found that the best available that regular interchange occurs between declaration submitted to the U.S. information does not indicate that the the Bay-Delta and other longfin smelt District Court for the Northern District longfin smelt warrants listing breeding populations. Longfin smelt is a of California on June 29, 2010, by Dr. rangewide, we now assess whether any relatively short-lived species that Peter Moyle, Professor of Fisheries distinct population segments of longfin completes its 2- to 3-year life cycle Biology at the University of California at smelt meet the definition of endangered moving between freshwater spawning Davis (Moyle 2010, pp. 1–8). Moyle or are likely to become endangered in habitat in the Delta and brackish water (2010, pp. 5–6) notes that he believes the foreseeable future (threatened). rearing habitat downstream (seaward) in that we overestimated the swimming

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capacity of longfin smelt in our 2009 12- the continental shelf from patterns in central and northern month finding. Moyle (2010, p. 8) states approximately the Gulf of Farallones California. However, the California that longfin smelt that migrate out of north to Coos Bay. We have evaluated Current System exhibits a high degree of and back into the Bay-Delta estuary may the potential for longfin smelt to seasonality as well as weekly variability. primarily be feeding on the rich disperse northward from the Bay-Delta Currents are highly variable in fall and planktonic food supply in the Gulf of or southward to the Bay-Delta. On winter but tend to be predominately Farallones, and that this migration October 28, 2011, we convened a panel northward. Surface currents are between the Bay-Delta and near coastal of experts to evaluate the potential of northward during the storm season from waters of the Gulf of Farallones does not longfin smelt dispersal via ocean December to March and transition to indicate that longfin smelt are currents. Oceanographers on the panel southward in March or April. Offshore necessarily dispersing long distances to were tasked with answering a series of of central California the surface currents other estuaries to the north. questions on how ocean currents would At the time of our last finding, we did affect longfin smelt potentially remain generally southward during not have information available assessing dispersing into or out of the Bay-Delta. summer. However, despite the the ability of longfin smelt to disperse Much of the following analysis was predominant southward surface current, northward from the Bay-Delta or derived from that panel discussion. Our northward currents are common at southward to the Bay-Delta using analysis relies upon ocean current depths around 60 to 200 m along the currents in the Pacific Ocean. Since the information as it relates to what is continental slope at all times of the year. time of our previous finding (74 FR known of longfin smelt biology and life This deeper current is known as the 16169; April 9, 2009), we have reviewed history from the Bay-Delta population. California Undercurrent (Paduan 2011, additional information on ocean Table 2 overlays longfin smelt life pers. comm.) currents in nearshore waters and over history with general ocean current

Eddies (clockwise water circulation season, northerly winds drive a 2004, p. 107; Halle and Largier 2011, pp. areas) exist at various points between southward offshore flow of near-surface 1–24). Several studies have used drifters the Bay-Delta and Humboldt Bay at waters (Dever et al. 2006, p. 2109) and (flotation devices tracked by satellites) landmarks such as Point Arena and also set up a strong current over the and pseudo-drifters (computer- Cape Mendocino. These eddies vary in continental shelf that is deflected simulated satellite-tracked flotation their distance from shore between 10 to offshore at capes such as Cape devices) to evaluate currents in the 100 km (6 to 62 mi) (Padaun 2011, pers. Mendocino, Point Arena, and Point California region of the Pacific Ocean. comm.). During the summer upwelling Reyes (Magnell et al. 1990, p. 7; Largier These studies indicate that the

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circulation patterns located off Point ocean currents (Padaun 2011, pers. from other longfin smelt populations Arena and Cape Mendocino limit comm.; Service 2011b, pp. 1–4), but and therefore discreet. dispersal (particularly southward) of there is no documentation of such long- flotation devices in the region (Sotka et distance coastal movements. The Quantitative Measures of Genetic or al. 2004, p. 2150; Drake et al. 2011, pp. northward ocean currents are strongest Morphological Discontinuity 1–51; Halle and Largier 2011, posters). and most reliable in winter, when The 1996 DPS policy states that This limitation is important because satellite-tracked particles move between quantitative measures of genetic or Cape Mendocino and Point Arena are the Bay-Delta and Humboldt Bay in as morphological discontinuity may between the Bay-Delta and the nearest little as 2 months (Service 2011, p. 3). provide evidence of marked separation likely self-sustaining population of Opportunities for longfin smelt longfin smelt in Humboldt Bay. and discreteness. Stanley et al. (1995, p. dispersal utilizing ocean currents from 395) compared allozyme variation Longfin smelt are an euryhaline northern estuaries to the Bay-Delta are between longfin smelt from the Bay- species, of which an unknown fraction more limited. Studies have revealed that Delta population and the Lake of the population exhibits anadromy currents near Cape Mendocino and Washington population using (Moyle 2002, p. 236; Rosenfield and Point arena would carry small objects to Baxter 2007 p. 1578). Based on their the west away from the coast (Padaun electrophoresis. They found that small size and limited swimming 2011b, pers. comm.; Bograd 2011, pers. individuals from the populations ability, we expect that longfin smelt comm.). It is possible that longfin smelt differed significantly in allele (portions would be largely dependent on ocean in nearshore waters could travel south of a chromosome that code for the same currents to travel the large distance past these eddies if they stay close trait) frequencies at several loci (gene between the Bay-Delta and the enough to shore. It is even possible that locations). However, the authors also Humboldt Bay. During wet years, newly some longfin smelt may be moved closer stated that the overall genetic spawned longfin smelt larvae may be to shore by the eddies (Bograd 2011, dissimilarity was within the range of flushed out to the ocean between pers. comm.; Paduan 2011, pers. other conspecific (of the same species) December and March. It is unlikely that comm.). However, any longfin smelt fish species, and concluded that longfin longfin smelt larvae can survive ocean that do travel south past the Cape smelt from Lake Washington and the transport because larvae are not known Mendocino and Point Arena Bay-Delta are conspecific, despite the to tolerate salinities greater than 8 ppt escarpments would be unlikely to re- large geographic separation (Stanley et (Baxter 2011b, pers. comm.), and surface enter the Bay-Delta. These offshore al. 1995, p. 395). This study provided salinities less than 8 ppt do not exist ocean currents could displace any evidence that the Bay-Delta population consistently in the ocean (Bograd and longfin smelt potentially moving south of longfin smelt differed in genetic Paduan 2011, pers. comm.). more than 100 km (62 mi) offshore of characteristics from the Lake A portion of the longfin smelt that the Bay-Delta (Paduan 2011a, pers. Washington population, but did not spawn in the Bay-Delta make their way comm.). Pathways that transport objects compare other populations rangewide to to the ocean once they are able to the Bay-Delta population. More tolerate full marine salinities, sometime close to shore would be expected to be recently, Israel et al. (2011, pp. 1–10) during the late spring or summer of rare, if they exist at all (Padaun 2011b, their first year of life (age-0) (City of San pers. comm.; Bograd 2011, pers. comm.). presented preliminary results from an Francisco and CH2MHill 1984 and So while we considered whether ocean ongoing study, but these results were 1985, entire), and may remain there for currents may transport or facilitate inconclusive in providing evidence of 18 months or longer before returning to movement of longfin smelt from whether the Bay-Delta population is the Bay-Delta to spawn (Baxter 2011c, northern estuaries to the Bay-Delta markedly separated from other longfin pers. comm.). A larger portion of longfin estuary, there is no information showing smelt populations (Cope 2011, pers. smelt enter the coastal ocean during that such dispersal movement occurs. comm.; Service 2011a, pp. 1–3). their second year of life (age-1) (City of Using the best scientific data We conclude that the limited San Francisco and CH2MHill 1984 and available, we compared longfin smelt quantitative genetic and morphological 1985, entire) and remain there for 3 to biology and life history with the latest information available does not provide 7 months until they re-enter the Bay- available ocean current data provided additional evidence of marked Delta to spawn in early winter by oceanographers. We conclude that separation of the Bay-Delta longfin (Rosenfield and Baxter 2007, p 1590; longfin smelt in the Bay-Delta smelt population beyond the evidence population do not regularly breed or Baxter 2011c, pers. comm.). Most of presented above under Marked interact with longfin smelt in other these age-1 longfin smelt move to Separation from Other Populations as a breeding populations to the north and coastal waters in July and August, Consequence of Physical, Physiological, are therefore markedly separated from possibly to escape warm water Ecological, or Behavioral Factors. temperatures or to obtain food (Moyle other longfin smelt populations. 2010, p. 8; Rosenfield and Baxter 2007, Under the 1996 DPS policy, the Delimited by International p. 1290). Some longfin smelt may live discreteness standard does not require Governmental Boundaries Within to 3 years of age and may remain in the absolute separation of a DPS from other Which Differences in Control of coastal ocean until they are 3 years old. members of its species, nor does the Exploitation, Management of Habitat, However, no 3-year old longfin smelt standard require absolute reproductive Conservation Status, or Regulatory have been observed in the coastal ocean isolation (61 FR 4722). Because of the Mechanisms Exist That Are Significant (Baxter 2011d, pers. comm.; Service great distances between the Bay-Delta in Light of Section 4(a)(1)(D) of the Act 2011, unpublished data). and known breeding populations to the It is possible that some of these north, the small size of the longfin The Bay-Delta population of longfin juvenile or adult longfin smelt could smelt, and the low likelihood that ocean smelt is not delimited by an make their way into the Russian River, currents could facilitate longfin smelt international boundary. Therefore, we Eel River, or Humboldt Bay and movements between widely separated conclude that it does not meet the supplement or sustain those populations, we conclude that the Bay- international governmental boundaries populations by utilizing northward Delta population is markedly separated criterion for discreteness.

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Conclusion for Discreteness include, but is not limited to, the under Factor A: Climate Change). Baxter Because of its limited swimming following: et al. (2010, p. 68) conclude that high capabilities and because of the great (1) Persistence of the discrete water temperatures in the Bay-Delta population segment in an ecological distances between the Bay-Delta and influence spatial distribution of longfin setting unusual or unique to the taxon; known breeding populations to the smelt in the estuary. Rosenfield and (2) Evidence that loss of the discrete Baxter (2007, p. 1290) hypothesize that north, we conclude that the Bay-Delta population segment would result in a population is markedly separated from the partial anadromy exhibited by the significant gap in the range of a taxon; population (part of the population is other longfin smelt populations, and (3) Evidence that the discrete thus meets the discreteness element of believed to migrate out into the cooler, population segment represents the only nearby coastal ocean waters in the Gulf the 1996 DPS policy. The best available surviving natural occurrence of a taxon information indicates that longfin smelt of Farallones) and concentrations of that may be more abundant elsewhere as longfin smelt in deeper water habitat in from the Bay-Delta population complete an introduced population outside its their life cycle moving between summer months is at least partly a historic range; or behavioral response to warm water freshwater, brackish water, and (4) Evidence that the discrete saltwater portions of the estuary and temperatures found during summer and population segment differs markedly early fall in the shallows of south San nearby coastal ocean waters in the Gulf from other populations of the species in of Farallones. The nearest known Francisco Bay and San Pablo Bay its genetic characteristics. (Rosenfield and Baxter 2007, p. 1590). breeding population of longfin smelt is A population segment needs to satisfy Humboldt Bay, 420 km (260 mi) north only one of these conditions to be The Bay-Delta estuary, although of the Bay-Delta. As a result, potential considered significant. Furthermore, greatly degraded, is the largest estuary interchange between the Bay-Delta other information may be used as on the Pacific Coast of the United States population and other longfin smelt appropriate to provide evidence for (Sommer et al. 2007, p. 271). Because of breeding populations is limited. significance. its large size and diverse habitat, it is Although the best scientific information (1) Persistence of the discrete capable of supporting a large longfin suggests that potential movement of population segment in an ecological smelt population. Large populations are longfin smelt northward from the Bay- setting unusual or unique to the taxon. valuable in the conservation of species Delta would be facilitated by ocean The Bay-Delta population is the because of their lower extinction risks currents, potential movement from more southernmost breeding population in compared to small populations. northern estuaries south to the Bay- the range of the species. Populations at Historically, longfin smelt is believed to Delta would be more difficult and the edge of a species’ range may be have been one of the more abundant unlikely because of ocean currents. important in species conservation pelagic fishes in the Bay-Delta. The Based on our review of the best because environmental conditions at the areal extent of tidal freshwater habitat in available scientific and commercial periphery of a species’ range can be the Bay-Delta estuary exceeds that of information available, we conclude that different from environmental conditions other California estuaries by an order of the Bay-Delta population of longfin nearer the center of a species’ range. magnitude (NOAA 2007, p. 1), smelt is markedly separated from other Thus, populations at the edge of the providing not only more available longfin smelt populations as a taxon’s range may experience different spawning habitat but also important consequence of physical, physiological, natural selection pressures that promote habitat diversity should conditions at ecological, or behavioral factors. divergent evolutionary adaptations any one location become unsuitable. (Scudder 1989, entire; Fraser 2000, The Bay-Delta contains significant Significance entire). Lomolino and Channell (1998, amounts of tidal freshwater and mixing Since we have found that the Bay- p. 482) hypothesized that because zone habitat (Monaco et al. 1992, p. Delta longfin smelt population meets peripheral populations should be 255), which is crucial for spawning and the discreteness element of the 1996 adapted to a greater variety of rearing of juvenile longfin smelt. Other DPS policy, we now consider its environmental conditions, they may be Pacific Coast estuaries where longfin biological and ecological significance in better suited to deal with anthropogenic smelt occur are predominately river- light of Congressional guidance that the (human-caused) disturbances than dominated estuaries (e.g., Russian River, authority to list DPSes be used populations in the central part of a Eel River, Klamath River, Columbia ‘‘sparingly’’ while encouraging the species’ range; however, this hypothesis River), which have much smaller areas conservation of genetic diversity. In remains unproven. This could be of low-salinity brackish water for making this determination, we consider especially important because of longfin smelt rearing habitat. available scientific evidence of the changing natural selection pressures (2) Evidence that loss of the discrete discrete population segment’s associated with climate change. population segment would result in a importance to the taxon to which it For example, increasing ocean significant gap in the range of a taxon. belongs. As precise circumstances are temperatures is an environmental Loss of the Bay-Delta population of likely to vary considerably from case to change to which the Bay-Delta longfin smelt would result in a case, the DPS policy does not describe population of longfin smelt may be significant gap in the range of the taxon all the classes of information that might uniquely adapted. Because it is the because the nearest persistent longfin be used in determining the biological southern-most estuary within the smelt breeding population to the Bay- and ecological importance of a discrete species’ range, the Bay-Delta has Delta population is in Humboldt Bay, population. However, the DPS policy warmer average water temperatures than which is located approximately 420 km describes four possible classes of estuaries in central and northern parts (260 mi) away. Loss of the Bay-Delta information that provide evidence of a of the species’ range. As a result, the population would truncate the range of population segment’s biological and Bay-Delta longfin smelt population may the species by hundreds of miles. ecological importance to the taxon to have behavioral or physiological (3) Evidence that the discrete which it belongs. As specified in the adaptations for coping with higher population segment represents the only DPS policy, this consideration of the water temperatures that may come as a surviving natural occurrence of a taxon population segment’s significance may result of climate change (see discussion that may be more abundant elsewhere as

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an introduced population outside its Bay-Delta population would have found that increased Delta outflow historic range. significantly truncate the range of the during the winter and spring is the This factor does not apply to the Bay- species and result in a significant gap in largest factor positively affecting longfin Delta longfin smelt population because the species’ range. Based on our review smelt abundance (Stevens and Miller other naturally occurring populations of the best available scientific and 1983, pp. 431–432; Jassby et al. 1995, p. are found within the species’ range. commercial information, we conclude 285; Sommer et al. 2007, p. 274; (4) Evidence that the discrete that the Bay-Delta population meets the Thomson et al. 2010, pp. 1439–1440). population segment differs markedly significance element of the 1996 DPS During high outflow periods larvae are from other populations of the species in policy. believed to benefit from increased its genetic characteristics. transport and dispersal downstream, As discussed above under Determination of Distinct Population increased food production, reduced Quantitative Measures of Genetic or Segment predation through increased turbidity, Morphological Discontinuity, two Because we have determined that the and reduced loss to entrainment due to studies have evaluated genetic Bay-Delta population meets both the a westward shift in the boundary of characteristics of the Bay-Delta longfin discreteness and significance elements spawning habitat and strong smelt population. One study concluded of the 1996 DPS policy, we find that the downstream transport of larvae (CFDG that genetic characteristics of the Bay- Bay-Delta longfin smelt population is a 1992, pp. 45–61; Hieb and Baxter 1993, Delta population differed from the Lake valid DPS and thus is a listable entity pp. 106–107; CDFG 2009a, p. 18). Washington population but did not under the Act. Therefore, we next Conversely, during low outflow periods, compare any other populations (Stanley evaluate its conservation status in the negative effects of reduced transport et al. 1995, pp. 390–396). Israel et al. relation to the Act’s standards for listing and dispersal, reduced turbidity, and (2011, pp. 1–10) presented preliminary (i.e., is the population segment, when potentially increased loss of larvae to results from an ongoing study, but these treated as if it were a species, predation and increased loss at the results are inconclusive in determining endangered or threatened?). export facilities result in lower young- whether the Bay-Delta population of-the-year recruitment. Despite differs markedly from other longfin Distinct Population Segment Five- numerous studies of longfin smelt smelt populations in its genetic Factor Analysis abundance and flow in the Bay-Delta, characteristics. Therefore, although Because the Bay-Delta population of the underlying causal mechanisms are information indicates that the genetic longfin smelt meets the criteria for a still not fully understood (Baxter et al. characteristics of the Bay-Delta DPS, we will now evaluate its status 2010, p. 69; Rosenfield 2010, p. 9). population differs from at least one with regard to its potential for listing as As California’s population has grown, other longfin smelt population (Lake endangered or threatened under the five demands for reliable water supplies and Washington), there is no other factors enumerated in section 4(a) of the flood protection have grown. In information currently available Act. Our evaluation of the Bay-Delta response, State and Federal agencies indicating that the genetic DPS of longfin smelt follows. built dams and canals, and captured characteristics of the Bay-Delta Under Summary of Information water in reservoirs, to increase capacity population differ markedly from other Pertaining to the Five Factors, we for water storage and conveyance longfin smelt populations. evaluated threats to longfin smelt resulting in one of the largest manmade Conclusion for Significance throughout its range. Much of this water systems in the world (Nichols et al. 1986, p. 569). Operation of this We conclude that the Bay-Delta rangewide analysis focused on threats to the Bay-Delta population because so system has altered the seasonal pattern population is biologically significant to of freshwater flows in the watershed. the longfin smelt species because the little information exists for other parts of the species’ range. Although the Storage in the upper watershed of peak population occurs in an ecological runoff and release of the captured water setting unusual or unique for the species threats of lack of freshwater flow, contaminants, and invasive species do for irrigation and urban needs during and its loss would result in a significant subsequent low flow periods result in a truncation of the range of the species. not rise to the level of being significant threats rangewide, the best available broader, flatter hydrograph with less The Bay-Delta longfin smelt population seasonal variability in freshwater flows occurs at the southern edge of the scientific and commercial data indicates that these threats are significant to the into the estuary (Kimmerer 2004, p. 15). species’ range and has likely In addition to the system of dams and experienced different natural selection species within the Bay-Delta. We utilized the vast amounts of research canals built throughout the Sacramento pressures than those experienced by River-San Joaquin River basin, the Bay- that have been conducted within the populations in middle portions of the Delta is unique in having a large water Bay-Delta by the Interagency Ecological species’ range. The population may diversion system located within the Program and University of California at therefore possess unique evolutionary estuary (Kimmerer 2002b, p. 1279). The Davis to make our determinations of adaptations important to the State Water Project (SWP) and Central threats in the Bay-Delta. conservation of the species. The Bay- Valley Project (CVP) operate two water Delta also is unique because it is the Factor A. The Present or Threatened export facilities in the Delta (Sommer et largest estuary on the Pacific Coast of Destruction, Modification, or al. 2007, p. 272). Project operation and the United States. Because of its large Curtailment of Its Habitat or Range management is dependent upon size and diverse aquatic habitats, the upstream water supply and export area Bay-Delta has the potential to support a Reduced Freshwater Flow demands. Despite the size of the water large longfin smelt population and is As we discussed above in the storage and diversion projects, much of thus potentially important in the rangewide analysis, a primary threat to the interannual variability in Delta conservation of the species. The Bay- the Bay-Delta longfin smelt is reduced hydrology is due to variability in Delta population also is significant to freshwater flows. In the Bay-Delta, precipitation from year to year. Annual the taxon because the nearest known freshwater flow is strongly related to the inflow from the watershed to the Delta breeding population of longfin smelt is natural hydrologic cycles of drought and is strongly correlated to unimpaired hundreds of miles away, so loss of the flood. Studies of Bay-Delta longfin smelt flow (runoff that would hypothetically

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occur if upstream dams and diversions over the biological impacts of these runoff as spring runoff decreases (USBR were not in existence), mainly due to water export facilities has been 2011, p. 147). the effects of high-flow events entrainment of fish and other aquatic It is uncertain how a change in the (Kimmerer 2004, p. 15). Water organisms. For a detailed discussion, timing and duration of freshwater flows operations are regulated in part by the see Factor E: Entrainment Losses, below. will affect longfin smelt. Higher flows in California State Water Resources Given the observed negative January and February (peak spawning Control Board (SWRCB) according to the association between the reduction of and hatching months) resulting from Water Quality Control Plan (WQCP) freshwater outflow and longfin smelt snow packs that melt sooner and rain- (SWRCB 2000, entire). The WQCP limits abundance, we consider the current on-snow events could potentially create Delta water exports in relation to Delta reductions in freshwater outflow to pose better spawning and larval rearing inflow (the Export/Inflow, or E/I ratio). a significant threat to the Bay-Delta DPS conditions. This would reduce adult It is important to note that in the case of longfin smelt. Based on the observed migration distance and increase areas of of the Bay-Delta, freshwater flow is associations in the Bay-Delta between freshwater spawning habitat during expressed as both Delta inflow (from the freshwater outflow and longfin these months. In addition, the higher rivers into the Delta) and as Delta abundance, the lack of effective control turbidity associated with these flows outflow (from the Delta into the lower mechanisms, and projections of may reduce predation on longfin smelt estuary), which are closely correlated, freshwater outflow fluctuations, we adults and larvae (Baxter 2011, pers. but not equivalent. Freshwater flow into expect the degree of this threat to comm.). However, if high flows last only the Delta affects the location of the low continue and likely increase within the a short period, benefits may be negated salinity zone and X2 within the estuary. foreseeable future. We conclude that by poorer conditions before and after As longfin smelt spawn in freshwater, lack of freshwater flow is a significant the high flows. As the freshwater they must migrate farther upstream to current and future threat to the Bay- boundary moves farther inland into the spawn as flow reductions alter the Delta DPS of longfin smelt. Delta with increasing sea level (see position of X2 and the low-salinity zone below) and reduced flows, adults will moves upstream (CDFG 2009, p. 17). Climate Change need to migrate farther into the Delta to Longer migration distances into the Bay- spawn, increasing the risk of predation Climate change may affect the Bay- Delta make longfin smelt more and the potential for entrainment into Delta DPS of longfin smelt habitat as a susceptible to entrainment in the State water export facilities and diversions for result of (1) Changes in the timing and and Federal water pumps (see Factor E: both themselves and their progeny. Entrainment Losses, below). In periods availability of freshwater flow into the Because of the uncertainties with greater freshwater flow into the estuary due to reduced snowpack and surrounding climate change and the Delta, X2 is pushed farther downstream earlier melting of the snowpack; (2) sea potential for increased winter runoff (seaward); in periods with low flows, X2 level rise and saltwater intrusion into that could benefit longfin smelt, we is positioned farther landward the estuary; (3) effects associated with determined that there is not sufficient (upstream) in the estuary and into the increased water temperatures; and (4) information to conclude that climate Delta. Not only is longfin smelt effects related to changes in frequency change threatens the continued abundance in the Bay-Delta strongly and intensity of storms, floods, and existence of the Bay-Delta DPS of correlated with Delta inflow and X2, but droughts. It is difficult to evaluate longfin smelt. the spatial distribution of longfin smelt effects related to changes in the timing Channel Disturbances larvae is also strongly associated with and availability of freshwater flow into X2 (Dege and Brown 2004, pp. 58–60; the estuary due to reduced snowpack Channel dredging in the Bay-Delta is Baxter et al. 2010, p. 61). As longfin and earlier melting of the snowpack an ongoing periodic disturbance of hatch into larvae, they move from the because these potential effects will longfin smelt habitat, but most activity areas where they are spawned and likely be impacted to some extent occurs in areas where longfin smelt are orient themselves just downstream of through decisions on water management not likely to be present. We conclude X2 (Dege and Brown 2004, pp. 58–60). in the intensively managed Sacramento that the effects of ongoing channel Larval (winter-spring) habitat varies River-San Joaquin River water basin. maintenance dredging are small and with outflow and with the location of Continued sea level rise will result in localized and do not rise to a level that X2 (CDFG 2009, p. 12), and has been saltwater intrusion and landward would significantly affect the reduced since the 1990s due to a general displacement of the low-salinity zone, population as a whole. upstream shift in the location of X2 which would likely negatively affect There is currently a proposal to (Hilts 2012, unpublished data). The longfin smelt habitat suitability. deepen and selectively widen the amount of rearing habitat (salinity Increasing water temperatures would Sacramento Deep Water Ship Channel between 0.1 and 18 ppt) is also likely affect distribution and movement and the lower portion of the Sacramento presumed to vary with the location of patterns of longfin smelt in the estuary; River in the Bay-Delta. This dredging X2 (Baxter et al. 2010, p. 64). However, longfin smelt may be displaced to project would remove between 6.1–7.6 as previously stated, the location of X2 locations with deeper and cooler water million cubic meters (8 and 10 million is of particular importance to the temperatures. This displacement may cubic yards) of material from the distribution of newly-hatched larvae result in decreased survival and channel and Sacramento River and and spawning adults. The influence of productivity. Increased frequency and extend for 74 km (45.8 mi) (USACE water project operations from November severity of storms, floods, and droughts 2011a, entire). Potential effects of this through April, when spawning adults could result in reduced longfin smelt new project to longfin smelt include and newly-hatched larvae are oriented habitat suitability, but it is difficult to mortality through loss of spawning to X2, is greater in drier years than in estimate these effects because of substrate, habitat modification, and a wetter years (Knowles 2002, p. 7). uncertainty about the frequency and shift in spawning and rearing habitat. In addition to the effects of reduced severity of these events. However, The project also has potential to alter freshwater flow on habitat suitability for warming may result in more breeding and foraging behavior of the longfin smelt and other organisms in the precipitation falling as rain and less Bay-Delta longfin smelt population. Bay-Delta, one of the principal concerns storage as snow, increasing winter However, this project is only a proposal

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at this time and is not certain to occur. Service, has captured an average of investigations (Baxter et al. 2010, p. 16). Potential effects of the proposed project 2,697 longfin smelt per year during the Numbers of largemouth bass, another are currently under evaluation. past 10 years. Biologists attempt to introduced species in the Bay-Delta, release these fish unharmed, but at least have increased in the Delta over the past Summary of Factor A 5,154 longfin smelt were known to have few decades (Brown and Michniuk In summary, we conclude that the died during the Chipps Island survey 2007, p. 195). Largemouth bass, best available scientific and commercial between 2001 and 2008 (Service 2010, however, occur in shallow freshwater information available indicates that the entire). habitats, closer to shore than the pelagic effects of reduced freshwater flows Incidental take from bycatch and longfin smelt, and so do not tend to co- constitute a current and future threat to monitoring surveys has not been occur with longfin for much of their life the Bay-Delta DPS of longfin smelt. We identified as a possible factor related to history. Baxter et al. (2010, p. 40) find that the Bay-Delta DPS of longfin recent longfin smelt population declines reported that no longfin smelt have been smelt is currently threatened in part due in the Bay-Delta (Baxter et al. 2010, pp. found in largemouth bass stomachs to the present or threatened destruction, 61–69). CDFG (2009, p. 32) sampled in a recent study of largemouth modification, or curtailment of its recommended adaptively managing bass diet. Moyle (2002, p. 238) believed habitat or range due to reduced scientific collection of longfin smelt to that inland silverside, another freshwater flow. avoid adverse population effects, and nonnative predatory fish, may be an important predator on longfin eggs and Factor B. Overutilization for survey methods have been modified recently to minimize potential impacts larvae, but Rosenfield et al. (2010, p. 18) Commercial, Recreational, Scientific, or believed that to be unlikely because Educational Purposes to delta smelt (75 FR 17669; April 7, 2010). These modifications likely have inland silversides prefer shallow water Commercial and Recreational Take resulted in reduced impacts to longfin habitats where juvenile and subadult smelt. Based on the best scientific and longfin smelt are rare. Because of its status as a threatened In the Bay-Delta, predation of longfin species under the California Endangered commercial information, we conclude that the Bay-Delta DPS of longfin smelt smelt may be high in the Clifton Court Species Act, take of longfin smelt in the Forebay, where the SWP water export Bay-Delta is illegal, unless authorized is not currently threatened by overutilization for commercial, pumping plant is located (Moyle 2002, by an incidental take permit or other p. 238; Baxter et al. 2010, p. 42). take authorization. However, longfin recreational, scientific, or educational purposes, nor do we anticipate However, once they are entrained in the smelt are caught as bycatch in a small Clifton Court Forebay, longfin smelt bay shrimp trawl commercial fishery overutilization posing a significant threat in the future. mortality would be high anyway due to that operates in South San Francisco high water temperatures in the Forebay Bay, San Pablo Bay, and Carquinez Factor C. Disease or Predation (CDFG 2009b, p. 4) and entrainment Strait (Hieb 2009, p. 1). CDFG (Hieb Disease into the SWP water export pumping 2009, pp. 6, 9) estimated the total plant. In addition to elevated predation longfin smelt bycatch from this fishery Little information is available on levels in the Clifton Court Forebay, from 1989–1990 at 15,539 fish, and in incidence of disease in the Bay-Delta predation also is concentrated at sites 2004 at 18,815–30,574 fish. CDFG noted longfin smelt DPS. Larval and juvenile where fish salvaged from the SWP and in 2009 that they thought the bay longfin smelt were collected from the CVP export facilities are released (Moyle shrimp trawl fishery had declined since Bay-Delta in 2006 and 2007 and 2002, p. 238). However, few longfin 2004 (Hieb, p. 3) and just recently analyzed for signs of disease and smelt survive the salvage and transport reported the number of active shrimp parasites (Foott and Stone 2006, entire; process (see Factor E: Entrainment permits at less than 10 (Hieb 2011, pers. Foott and Stone 2007, entire). No Losses, below), and therefore predation comm.). significant health problem was detected is not expected to be an important factor in either year (Foott and Stone 2007, p. Scientific Take at drop off sites. As discussed above, 15). The south Delta is fed by water reduced freshwater flows may result in Within the Bay-Delta, longfin smelt from the San Joaquin River, where lower turbidity and increased water are regularly captured in monitoring pesticides (e.g., chlorpyrifos, clarity (see discussion under DPS’ surveys. The Interagency Ecological carbofuran, and diazinon), salts (e.g., Factor A), which may contribute to Program (IEP) implements scientific sodium sulfates), trace elements (boron increased risk of predation (Baxter et al. research in the Bay-Delta. Although the and selenium), and high levels of total 2010, p. 64). focus of its studies and the level of effort dissolved solids are prevalent due to Based on a review of the best have changed over time, in general, agricultural runoff (64 FR 5963; available scientific and commercial their surveys have been directed at February 8, 1999). Pesticides and other information, we conclude that disease researching the Pelagic Organism toxic chemicals may adversely affect the does not constitute a threat to the Bay- Decline in the Bay-Delta. Between the immune system of longfin smelt and Delta longfin smelt DPS. Available years of 1987 to 2011, combined take of other fish in the Bay-Delta and other information indicates that Bay-Delta longfin smelt less than 20 mm (0.8 in) estuaries, but we found no information longfin smelt experience elevated levels in length ranged from 2,405 to 158,588 documenting such effects. of predation near the water diversions at annually. All of these fish were the SWP and CVP water export facilities preserved for research or assumed to die Predation in the south Delta and at the salvage in processing. During the same time Striped bass were introduced into the release sites. Reduced freshwater flows period, combined take for juveniles and Bay-Delta in 1879 and quickly became resulting from water diversions result in adults (fish greater than or equal to 20 abundant throughout the estuary. increased water clarity, and increased mm (0.8 in)) ranged from 461 to 68,974 However, their numbers have declined water clarity may result in increased annually (IEP 2011). Although mortality substantially over the last 40 years predation risks to longfin smelt. is unknown, the majority of these fish (Thomson et al. 2010, p. 1440), and they In summary, striped bass predation is likely do not survive. The Chipps Island are themselves one of the four species in decline and largemouth bass survey, which is conducted by the studied under Pelagic Organism Decline predation is unlikely a threat because of

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the minimal overlap in time and space year, specific water export restraints in towards other species, should also of largemouth bass and longfin smelt. the spring, and water export limits benefit longfin smelt. Therefore, the current rates of predation based on a percentage of estuary inflow The Clean Water Act (CWA) provides on longfin smelt are not expected to be throughout the year. The water quality the basis for the National Pollutant having a substantial effect on the overall objectives are designed to protect Discharge Elimination System (NPDES). population level. Based on the best agricultural, municipal, industrial, and The CWA gives the EPA the authority to available scientific and commercial fishery uses; they vary throughout the set effluent limits and requires any information, we conclude that neither year and by the wetness of the year. entity discharging pollutants to obtain a disease nor predation are significant These protections have had limited NPDES permit. The EPA is authorized current or future threats to the Bay-Delta effectiveness in providing adequate through the CWA to delegate the longfin smelt DPS. freshwater flows within the Delta. Lack authority to issue NPDES Permits to Factor D. The Inadequacy of Existing of freshwater outflow continues to be State governments. In States that have Regulatory Mechanisms the primary contributing factor to the been authorized to implement CWA decline of the longfin smelt in the Bay- programs, the EPA still retains oversight Existing Federal and State regulatory Delta (see Factor A, above, for further responsibilities (EPA 2011, p. 1). mechanisms discussed under Factor D discussion). California is one of these States to of the rangewide analysis that provide The California Marine Invasive which the EPA has delegated CWA protections or reduce threats to the Bay- Species Act requires ballast water authority. The Porter-Cologne Water Delta DPS of longfin smelt include: management for all vessels that intend Quality Control Act established the California Endangered Species Act, to discharge ballast water in California California State Water Resources Porter-Cologne Water Quality Control waters. All qualifying vessels coming Control Board (SWRCB) and nine Act, California Marine Invasive Species from ports within the Pacific Coast Regional Water Quality Control Boards Act, Central Valley Project Improvement region must conduct an exchange in that are now responsible for issuing Act, and Clean Water Act (including the waters at least 50 nautical mi offshore these NPDES permits, including permits National Pollutant Discharge and 200 m (656 ft) deep or retain all for the discharge of effluents such as Elimination System). Several of these ballast water and associated sediments. ammonia. The SWRCB is responsible for regulatory mechanisms provide To determine the effectiveness of the regulating activities and factors that important protections for the Bay-Delta management provisions of the this State could degrade California water quality DPS of longfin smelt and act to reduce (California Water Code Division 7, threats, such as reduction of freshwater act, the legislation also requires State outflow, the invasion of the overbite agencies to conduct a series of biological section 13370–13389). clam and ammonia discharges (See surveys to monitor new introductions to The release of ammonia into the Factors A, above, and E, below). coastal and estuarine waters. These estuary is having detrimental effects on The longfin smelt was listed under measures should further minimize the the Delta ecosystem and food chain (see the California Endangered Species Act introduction of new invasive species Factor E, below). The release of as threatened throughout its range in into California’s coastal waters that ammonia is controlled primarily by the California on March 5, 2009 (CDFG could be a threat to the longfin smelt. CWA (Federal law) and secondarily 2009, p. V). CESA does allow take of The Central Valley Project through the Porter-Cologne Water species for otherwise lawful projects Improvement Act amends the previous Quality Control Act (State law). EPA is through use of an incidental take Central Valley Project authorizations to currently updating freshwater discharge permit. A take permit requires that include fish and wildlife protection, criteria that will include new limits on impacts be minimized and fully restoration, and mitigation as project ammonia (EPA 2009, pp. 1–46). An mitigated (CESA sections 2081 (b) and purposes having equal priority with NPDES permit for the Sacramento (c)). Furthermore, the CESA ensures irrigation and domestic uses, and fish Regional Wastewater Treatment Plant, a through the issuance of a permit for a and wildlife enhancement as having an major discharger, was prepared by the project that may affect longfin smelt or equal priority with power generation. California Central Valley Regional Water its habitat, that the project will not Included in CVPIA section 3406 (b)(2) Quality Control Board in the fall of jeopardize the continued existence of a was a provision to dedicate 800,000 2010, with new ammonia limitations State-listed species. acre-feet of Central Valley Project yield intended to reduce loadings to the Delta. The Porter-Cologne Water Quality annually (referred to as ‘‘(b)(2) water’’) The permit is currently undergoing Control Act is the California State law for fish, wildlife, and habitat restoration. appeal, but it is likely that the new that establishes the State Water Since 1993, (b)(2) water has been used ammonia limits will take effect in 2020. Resources Control Board (SWRCB) and and supplemented with acquired Until that time, CWA protections for nine Regional Water Quality Control environmental water (Environmental longfin smelt are limited, and do not Boards that are responsible for the Water Account and CVPIA section 3406 reduce the current threat to longfin regulation of activities and factors that (b)(3) water) to increase stream flows smelt. could degrade California water quality and reduce Central Valley Project export Summary of Factor D and for the allocation of surface water pumping in the Delta. These rights. The State Water Resources management actions were taken to A number of Federal and State Control Board Water Rights Decision contribute to the CVPIA salmonid regulatory mechanisms exist that can 1641 (D–1641) imposes flow and water population doubling goals and to provide some protections for the Bay- quality standards on the State and protect Delta smelt and their habitat Delta DPS of longfin smelt. However, Federal water export facilities to assure (Guinee 2011, pers. comm.). As the continued decline in longfin smelt protection of beneficial uses in the Delta discussed above (under Biology and trend indicators suggests that existing (FWS 2008, pp. 21–27). The various Factor A), increased freshwater flows regulatory mechanisms, as currently flow objectives and export restraints are have been shown to be positively implemented, are not adequate to designed, in part, to protect fisheries. correlated with longfin smelt reduce threats to the species. Therefore, These objectives include specific abundance; therefore, these based on a review of the best scientific outflow requirements throughout the management actions, although targeted information available, we conclude that

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existing regulatory mechanisms are not lost. These estimated losses are 4 times likely affecting longfin smelt by sufficient to protect the species. higher than observed salvage at the CVP decreasing food supply for their prey and 21 times higher than the actual species, such as N. mercedis (Kimmerer Factor E. Other Natural or Manmade salvage numbers at the SWP (Fujimura and Orsi 1996, pp. 418–419). Models Factors Affecting Its Continued 2009, p. 2). The estimated entrainment indicate that the longfin smelt Existence numbers were much higher than the abundance index has been on a steady Other factors affecting the continued actual salvage numbers at the SWP, due linear decline since about the time of existence of the Bay-Delta DPS of in large part to the high pre-screen the invasion of the non-native overbite longfin smelt are entrainment losses due losses in the Clifton Court Forebay (or Amur) clam in 1987 (Rosenfield and to water diversions, introduced species, (CDFG 2009a, p. 21). It should be noted Swanson 2010, p. 14). and contaminants (see Factor E of the that these estimates were calculated Given the observed negative Summary of Information Pertaining to using equations and parameters devised association between the introduction of the Five Factors section, above). for other species and may not accurately the overbite clam and longfin smelt Entrainment Losses Due to Water estimate longfin smelt losses. Further, abundance in the Bay-Delta and the Diversions estimates may be misleading because documented decline of key longfin the majority of estimated losses smelt prey items, we consider the Entrainment losses at the SWP and occurred during the dry year of 2002 current overbite clam population to CVP water export facilities are a known (1.1 million juveniles estimated at the pose a significant threat to the Bay-Delta source of mortality of longfin smelt and SWP) while during all other years DPS of longfin smelt. Based on the other pelagic fish species in the Bay estimated entrainment was below observed associations in the Bay-Delta Delta, although the full magnitude of 70,000 individuals. between overbite clam invasion and entrainment losses and population-level Entrainment is no longer considered a longfin abundance and the lack of implications of these losses is still not threat to longfin in the Bay-Delta effective control mechanisms, we expect fully understood. High entrainment because of current regulations. Efforts to the degree of this threat will continue losses of longfin smelt and other Bay- reduce delta smelt entrainment loss into the foreseeable future. The Bay- Delta pelagic fish between 2000 and through the implementation of the 2008 Delta has numerous other invasive 2005 correspond with high volumes of delta smelt biological opinion and the species that have disrupted ecosystem water exports during winter (Baxter et listing of longfin smelt under the CESA dynamics; however, only the overbite al. 2010, p. 63). Baxter et al. (2010, p. have likely reduced longfin smelt clam has been shown to have an impact 62) hypothesize that entrainment is entrainment losses. The high rate of on the longfin smelt population. We having an important effect on the entrainment that occurred in 2002 that consider the overbite clam to be a longfin smelt population during winter, threatened the Bay Delta longfin smelt significant ongoing threat to the Bay- particularly during years with low DPS is very unlikely to recur, and Delta longfin smelt population. freshwater flows when a higher would no longer be allowed under Contaminants proportion of the population may spawn today’s regulations because limits on farther upstream in the Delta. However, longfin smelt take due to CESA Extensive research on the role of Baxter et al. (2010, p. 63) conclude that regulations (see DPS’ Factor D contaminants in the Pelagic Organism these losses have yet to be placed in a discussion, above) would trigger Decline is currently being conducted population context, and no conclusions reductions in the magnitude of reverse (Baxter et al. 2010, pp. 28–36). Of can be drawn regarding their effects on flows. potential concern are effects of high recent longfin smelt abundance. CDFG Although larval and adult longfin levels of mercury and other metals; high (2009, p. 22) believes that efforts to smelt are lost as a result of entrainment ammonium concentrations from reduce past delta smelt entrainment loss in the water export facilities in the municipal wastewater; potentially through the implementation of the 2008 Delta, we conclude that the risk of harmful cyanobacteria algal blooms; and delta smelt biological opinion for SWP entrainment is generally greatest when pesticides, especially pyrethroid and CVP operations may have reduced X2 is upstream and export volumes pesticides, which are heavily used in longfin smelt entrainment losses, from the CVP and SWP pumps are high. San Joaquin Valley agriculture. incidentally providing a benefit to the Therefore, we have determined that Contaminants may have direct toxic longfin smelt. These efforts to manage longfin smelt are not currently effects to longfin smelt and other pelagic entrainment losses in drier years, when threatened by entrainment, nor do we fish and indirect effects as a result of entrainment risk is greater, substantially anticipate longfin smelt will be impacts to prey abundance and reduce the threat of entrainment for threatened by entrainment in the future. composition. Ammonium has been longfin smelt. shown to impact longfin smelt habitat Estimates of entrainment have shown Introduced Species by affecting primary production and that it may have been a threat to the In Suisun Bay, a key longfin smelt prey abundance within the Bay-Delta Bay-Delta longfin smelt DPS in the past. rearing area, phytoplankton biomass is (Dugdale et al. 2007, p. 26). While Fujimura (2009) estimated cumulative influenced by the overbite or Amur contaminants are suspected of playing a longfin smelt entrainment at the SWP River clam. A sharp decline in role in declines of pelagic fish species facility between 1993 and 2008 at phytoplankton biomass occurred in the Bay-Delta (Baxter et al. 2010, p. 1,376,432 juveniles and 11,054 adults, following the invasion of the estuary by 28), contaminant effects remain and estimated that 97.6 percent of this species, even though nutrients were unresolved. juveniles and 95 percent of adults not found to be limiting (Alpine and The largest source of ammonia entrained were lost. Fujimura (2009) Cloern 1992, pp. 950–951). Abundance entering the Delta ecosystem is the estimated cumulative longfin of zooplankton decreased across several Sacramento Regional Wastewater entrainment at the CVP facility between taxa, and peaks that formerly occurred Treatment Plant (SRWTP), which 1993 and 2008 at 224,606 juveniles and in time and space were absent, reduced accounts for 90 percent of the total 1,325 adults, and estimated that 85.2 or relocated after 1987 (Kimmerer and ammonia load released into the Delta. percent of the juveniles and 82.1 Orsi 1996, p. 412). The general decline Ammonia is un-ionized and has the percent of the adults entrained were in phytoplankton and zooplankton is chemical formula NH3. Ammonium is

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+ ionized and has the formula NH4 . The drawn regarding their effects on recent Bay-Delta food web have been long- major factors determining the longfin smelt abundance. Therefore, lasting and are ongoing. We conclude proportion of ammonia or ammonium in based on the best scientific evidence that ongoing disruptions of the food web water are water pH and temperature. available, we conclude that the Bay- caused by the overbite clam are a threat This is important, as NH3 ammonia is Delta longfin smelt DPS is threatened in to the continued existence of the Bay- the form that can be directly toxic to part due to other natural or manmade Delta DPS of longfin smelt. We also aquatic organisms, and NH4+ factors including the nonnative overbite conclude that high ammonium ammonium is the form documented to clam and high ammonium concentrations in the Bay-Delta may interfere with uptake of nitrates by concentrations. constitute a threat to the continued phytoplankton (Dugdale et al. 2007, p. existence of the overbite clam. Finding 17; Jassby 2008, p. 3). Multiple existing Federal and State In addition to potential direct effects This status review identified threats regulatory mechanisms provide on fish, ammonia in the form of to the Bay-Delta DPS of longfin smelt important protections for the Bay-Delta ammonium has been shown to alter the attributable to Factors A, D, and E, as DPS of longfin smelt and act to reduce food web by adversely impacting well as interactions between these threats to the DPS. However, the phytoplankton and zooplankton threats. The primary threat to the DPS continued decline in the abundance of dynamics in the estuary ecosystem. is from reduced freshwater flows. the Bay-Delta longfin smelt DPS Historical data suggest that decreases in Upstream dams and water storage indicates that existing regulatory Suisun Bay phytoplankton biomass exacerbated by water diversions, mechanisms, as currently implemented, coincide with increased ammonia especially from the SWP and CVP water are not adequate to sufficiently reduce discharge by the SRWTP (Parker et al. export facilities, result in reduced threats identified in this finding. 2004, p. 7; Dugdale et al. 2011, p. 1). freshwater flows within the estuary, and Therefore, we find that inadequate Phytoplankton preferentially take up these reductions in freshwater flows existing regulatory mechanisms ammonium over nitrate when it is result in reduced habitat suitability for contribute to threats faced by the Bay- present in the water. Ammonium is longfin smelt (Factor A). Freshwater Delta longfin smelt DPS. insufficient to provide for growth in flows, especially winter-spring flows, The threats identified are likely acting phytoplankton, and uptake of are significantly correlated with longfin together to contribute to the decline of ammonium to the exclusion of nitrate smelt abundance—longfin smelt the population (Baxter et al. 2010, p. results in decreases in phytoplankton abundance is lower when winter-spring 69). Reduced freshwater flows result in biomass (Dugdale et al. 2007, p. 23). flows are lower. While freshwater flows effects to longfin smelt habitat Therefore, ammonium impairs primary have been shown to be significantly suitability, at the same time that the productivity by reducing nitrate uptake correlated with longfin smelt food web has been altered by introduced in phytoplankton. Ammonium’s abundance, causal mechanisms species and ammonium concentrations. negative effect on the food web has been underlying this correlation are still not It is possible that climate change could documented in the longfin smelt rearing fully understood and are the subject of exacerbate these threats; however, due areas of San Francisco Bay and Suisun ongoing research on the Pelagic to uncertainties of how longfin smelt Bay (Dugdale et al. 2007, pp. 27–28). Organism Decline. will respond to climate change effects, Decreased primary productivity results In addition to the threat caused by we cannot conclude that climate change in less food available to longfin smelt reduced freshwater flow into the Bay- will threaten the continued existence of and other fish in these bays. Delta, and alteration of natural flow the Bay-Delta longfin smelt DPS. The In summary, although no direct link regimes resulting from water storage and combined effects of reduced freshwater has been made between contaminants diversion, there appear to be other flows, the invasive overbite clam and longfin smelt (Baxter et al. 2010, p. factors contributing to the Pelagic (reduced levels of phytoplankton and 68), ammonium has been shown to have Organism Decline (Baxter 2010 et al., p. zooplankton that are important to the a direct effect on the food supply that 69). Models indicate a steady linear Bay-Delta food web), and high the Bay-Delta longfin smelt DPS relies decline in abundance of longfin smelt ammonium concentrations act to upon. Therefore, we conclude that high since about the time of the invasion of significantly reduce habitat suitability ammonium concentrations may be a the nonnative overbite clam in 1987 for longfin smelt. significant current and future threat to (Rosenfield and Swanson 2010, pp. 13– The best scientific and commercial the Bay-Delta DPS of longfin smelt. 14; see Factor E: Introduced Species) in information available indicates that the the Bay-Delta. However, not all aspects threats facing the Bay-Delta DPS of Summary of Factor E of the longfin smelt decline can be longfin smelt are of sufficient The best available information attributed to the overbite clam invasion, imminence, intensity and magnitude to indicates that introduced species as a decline in abundance of pre- threaten the continued existence of the constitute a threat to the Bay-Delta DPS spawning adults in Suisun Marsh species now or in the foreseeable future. of longfin smelt and that and occurred before the invasion of the Therefore, we find that listing the Bay- contaminants (high ammonium clam, and a partial rebound in longfin Delta longfin smelt DPS is warranted. concentrations) may constitute a threat smelt abundance occurred in the early We will make a determination on the to the Bay-Delta DPS of longfin smelt. 2000s (Rosenfield and Baxter 2007, status of the DPS as endangered or Entrainment is a potential threat to the p. 1589). threatened when we prepare a proposed DPS, but information currently available The long-term decline in abundance listing determination. However, as does not indicate that entrainment of longfin smelt in the Bay-Delta has explained in more detail below, an threatens the continued existence of the been partially attributed to reductions in immediate proposal of a regulation Bay-Delta longfin smelt population. food availability and disruptions of the implementing this action is precluded Although entrainment results in Bay-Delta food web caused by by higher priority listing actions, and mortality of longfin smelt, Baxter et al. establishment of the nonnative overbite progress is being made to add or remove (2010, p. 63) concluded that these losses clam in 1987 (Factor E) and ammonium qualified species from the Lists of have yet to be placed in a population concentrations (Factor E). Impacts of the Endangered and Threatened Wildlife context, and no conclusions can be overbite clam and ammonium on the and Plants.

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We reviewed the available and capricious on the grounds that this conclude, for the purposes of this information to determine if the existing approach violated the plain and finding, that the significance of the and foreseeable threats render the unambiguous language of the Act. The portion of the range should be species at risk of extinction now such courts concluded that reading the SPR determined based on its biological that issuing an emergency regulation language to allow protecting only a contribution to the conservation of the temporarily listing the species under portion of a species’ range is species. For this reason, we describe the section 4(b)(7) of the Act is warranted. inconsistent with the Act’s definition of threshold for ‘‘significant’’ in terms of We determined that issuing an ‘‘species.’’ The courts concluded that an increase in the risk of extinction for emergency regulation temporarily once a determination is made that a the species. We conclude that a listing the DPS is not warranted at this species (i.e., species, subspecies, or biologically based definition of time because the threats are not of DPS) meets the definition of ‘‘significant’’ best conforms to the sufficient magnitude and imminence to ‘‘endangered species’’ or ‘‘threatened purposes of the Act, is consistent with pose an immediate threat to the species,’’ it must be placed on the list judicial interpretations, and best continued existence of the DPS. in its entirety and the Act’s protections ensures species’ conservation. Thus, for However, if at any time we determine applied consistently to all members of the purposes of this finding, and as that issuing an emergency regulation that species (subject to modification of explained further below, a portion of the temporarily listing the Bay-Delta DPS of protections through special rules under range of a species is ‘‘significant’’ if its longfin smelt is warranted, we will sections 4(d) and 10(j) of the Act). contribution to the viability of the initiate this action at that time. Consistent with that interpretation, species is so important that without that and for the purposes of this finding, we portion, the species would be in danger Significant Portion of Its Range interpret the phrase ‘‘significant portion of extinction. The Act defines ‘‘endangered species’’ of its range’’ in the Act’s definitions of We evaluate biological significance as any species which is ‘‘in danger of ‘‘endangered species’’ and ‘‘threatened based on the principles of conservation extinction throughout all or a significant species’’ to provide an independent biology using the concepts of portion of its range,’’ and ‘‘threatened basis for listing; thus there are two redundancy, resiliency, and species’’ as any species which is ‘‘likely situations (or factual bases) under which representation. Resiliency describes the to become an endangered species within a species would qualify for listing: a characteristics of a species and its the foreseeable future throughout all or species may be endangered or habitat that allow it to recover from a significant portion of its range.’’ The threatened throughout all of its range; or periodic disturbance. Redundancy definition of ‘‘species’’ is also relevant a species may be endangered or (having multiple populations to this discussion. The Act defines threatened in only a significant portion distributed across the landscape) may be ‘‘species’’ as ‘‘any subspecies of fish or of its range. If a species is in danger of needed to provide a margin of safety for wildlife or plants, and any distinct extinction throughout an SPR, it, the the species to withstand catastrophic population segment [DPS] of any species, is an ‘‘endangered species.’’ events. Representation (the range of species of vertebrate fish or wildlife The same analysis applies to variation found in a species) ensures which interbreeds when mature’’ (16 ‘‘threatened species.’’ Based on this that the species’ adaptive capabilities U.S.C. 1532(16)). The phrase interpretation and supported by existing are conserved. Redundancy, resiliency, ‘‘significant portion of its range’’ (SPR) case law, the consequence of finding and representation are not independent is not defined by the statute, and we that a species is endangered or of each other, and some characteristic of have never addressed in our regulations: threatened in only a significant portion a species or area may contribute to all (1) The consequences of a determination of its range is that the entire species will three. For example, distribution across a that a species is either endangered or be listed as endangered or threatened, wide variety of habitat types is an likely to become so throughout a respectively, and the Act’s protections indicator of representation, but it may significant portion of its range, but not will be applied across the species’ entire also indicate a broad geographic throughout all of its range; or (2) what range. distribution contributing to redundancy qualifies a portion of a range as We conclude, for the purposes of this (decreasing the chance that any one ‘‘significant.’’ finding, that interpreting the SPR phrase event affects the entire species), and the Two recent district court decisions as providing an independent basis for likelihood that some habitat types are have addressed whether the SPR listing is the best interpretation of the less susceptible to certain threats, language allows the Service to list or Act because it is consistent with the contributing to resiliency (the ability of protect less than all members of a purposes and the plain meaning of the the species to recover from disturbance). defined ‘‘species’’: Defenders of Wildlife key definitions of the Act; it does not None of these concepts is intended to be v. Salazar, 729 F. Supp. 2d 1207 (D. conflict with established past agency mutually exclusive, and a portion of a Mont. 2010), concerning the Service’s practice (i.e., prior to the 2007 species’ range may be determined to be delisting of the Northern Rocky Solicitor’s Opinion), as no consistent, ‘‘significant’’ due to its contributions Mountain gray wolf (74 FR 15123, April long-term agency practice has been under any one or more of these 2, 2009); and WildEarth Guardians v. established; and it is consistent with the concepts. Salazar, 2010 U.S. Dist. LEXIS 105253 judicial opinions that have most closely For the purposes of this finding, we (D. Ariz. September 30, 2010), examined this issue. Having concluded determine if a portion’s biological concerning the Service’s 2008 finding that the phrase ‘‘significant portion of contribution is so important that the on a petition to list the Gunnison’s its range’’ provides an independent portion qualifies as ‘‘significant’’ by prairie dog (73 FR 6660, February 5, basis for listing and protecting the entire asking whether without that portion, the 2008). The Service had asserted in both species, we next turn to the meaning of representation, redundancy, or of these determinations that it had ‘‘significant’’ to determine the threshold resiliency of the species would be so authority, in effect, to protect only some for when such an independent basis for impaired that the species would have an members of a ‘‘species,’’ as defined by listing exists. increased vulnerability to threats to the the Act (i.e., species, subspecies, or Although there are potentially many point that the overall species would be DPS), under the Act. Both courts ruled ways to determine whether a portion of in danger of extinction (i.e., would be that the determinations were arbitrary a species’ range is ‘‘significant,’’ we ‘‘endangered’’). Conversely, we would

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not consider the portion of the range at there would mean that the species Moreover, if any concentration of issue to be ‘‘significant’’ if there is would be currently imperiled threats to the species occurs only in sufficient resiliency, redundancy, and everywhere. Under the definition of portions of the species’ range that representation elsewhere in the species’ ‘‘significant’’ used in this finding, the clearly would not meet the biologically range that the species would not be in portion of the range need not rise to based definition of ‘‘significant,’’ such danger of extinction throughout its such an exceptionally high level of portions will not warrant further range if the population in that portion biological significance. (We recognize consideration. of the range in question became that if the species is imperiled in a We have determined that the longfin extirpated (extinct locally). portion that rises to that level of smelt does not face elevated threats in We recognize that this definition of biological significance, then we should most portions of its range, and we have ‘‘significant’’ (a portion of the range of conclude that the species is in fact determined that the portion of the range a species is ‘‘significant’’ if its imperiled throughout all of its range, that has concentrated threats (the Bay- contribution to the viability of the and that we would not need to rely on Delta portion of the range) is a DPS. The species is so important that without that the SPR language for such a listing.) rangewide five factor analysis for portion, the species would be in danger Rather, under this interpretation we ask longfin smelt does not identify any of extinction) establishes a threshold whether the species would be portions of the species’ range outside of that is relatively high. On the one hand, endangered everywhere without that Bay-Delta where threats are given that the consequences of finding portion, i.e., if that portion were concentrated. Potential threats to the a species to be endangered or threatened completely extirpated. In other words, species are by and large uniform in an SPR would be listing the species the portion of the range need not be so throughout its range with the exception throughout its entire range, it is important that even the species being in of the Bay-Delta. Therefore, we will not important to use a threshold for danger of extinction in that portion further consider the Bay-Delta DPS as an ‘‘significant’’ that is robust. It would not would be sufficient to cause the species SPR. be meaningful or appropriate to in the remainder of the range to be Listing Priority Number establish a very low threshold whereby endangered; rather, the complete The Service adopted guidelines on a portion of the range can be considered extirpation (in a hypothetical future) of September 21, 1983 (48 FR 43098) to ‘‘significant’’ even if only a negligible the species in that portion would be establish a rational system for utilizing increase in extinction risk would result required to cause the species in the available resources for the highest from its loss. Because nearly any portion remainder of the range to be priority species when adding species to of a species’ range can be said to endangered. contribute some increment to a species’ the Lists of Endangered or Threatened viability, use of such a low threshold The range of a species can Wildlife and Plants or reclassifying would require us to impose restrictions theoretically be divided into portions in species listed as threatened to and expend conservation resources an infinite number of ways. However, endangered status. The system places disproportionately to conservation there is no purpose to analyzing greatest importance on the immediacy benefit: listing would be rangewide, portions of the range that have no and magnitude of threats, but also even if only a portion of the range of reasonable potential to be significant or factors in the level of taxonomic minor conservation importance to the to analyzing portions of the range in distinctiveness by assigning priority in species is imperiled. On the other hand, which there is no reasonable potential descending order to monotypic genera it would be inappropriate to establish a for the species to be endangered or (genus with one species), full species, threshold for ‘‘significant’’ that is too threatened. To identify only those and subspecies (or equivalently, distinct high. This would be the case if the portions that warrant further population segments of vertebrates standard were, for example, that a consideration, we determine whether (DPS)). As a result of our analysis of the portion of the range can be considered there is substantial information best available scientific and commercial ‘‘significant’’ only if threats in that indicating that: (1) The portions may be information, we assign the Bay-Delta portion result in the entire species’ ‘‘significant,’’ and (2) the species may be DPS of longfin smelt a listing priority being currently endangered or in danger of extinction there or likely to number of 3, based on the high threatened. Such a high bar would not become so within the foreseeable future. magnitude and immediacy of threats. A give the SPR phrase independent Depending on the biology of the species, number three listing priority is the meaning, as the Ninth Circuit held in its range, and the threats it faces, it highest listing allowed for a DPS under Defenders of Wildlife v. Norton, 258 might be more efficient for us to address the current listing priority guidance. F.3d 1136 (9th Cir. 2001). the significance question first or the One or more of the threats discussed The definition of ‘‘significant’’ used in status question first. Thus, if we above are occurring (or we anticipate this finding carefully balances these determine that a portion of the range is they will occur in the near future) concerns. By setting a relatively high not ‘‘significant,’’ we do not need to within the range of the Bay-Delta DPS threshold, we minimize the degree to determine whether the species is of the longfin smelt. These threats are which restrictions will be imposed or endangered or threatened there; if we ongoing and, in some cases (such as resources expended that do not determine that the species is not nonnative species), are considered contribute substantially to species endangered or threatened in a portion of irreversible. While we conclude that conservation. But we have not set the its range, we do not need to determine listing the Bay-Delta DPS of longfin threshold so high that the phrase ‘‘in a if that portion is ‘‘significant.’’ In smelt is warranted, an immediate significant portion of its range’’ loses practice, a key part of the determination proposal to list this species is precluded independent meaning. Specifically, we that a species is in danger of extinction by other higher priority listings, which have not set the threshold as high as it in a significant portion of its range is we address below. was under the interpretation presented whether the threats are geographically by the Service in the Defenders concentrated in some way. If the threats Preclusion and Expeditious Progress litigation. Under that interpretation, the to the species are essentially uniform Preclusion is a function of the listing portion of the range would have to be throughout its range, no portion is likely priority of a species in relation to the so important that current imperilment to warrant further consideration. resources that are available and the cost

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and relative priority of competing appropriated for other functions under allow the Secretary to delay demands for those resources. Thus, in the Act (for example, recovery funds for commencing the rulemaking process for any given fiscal year (FY), multiple removing species from the Lists), or for any reason other than that the existence factors dictate whether it will be other Service programs, from being used of pending or imminent proposals to list possible to undertake work on a listing for Listing Program actions (see House species subject to a greater degree of proposal regulation or whether Report 105–163, 105th Congress, 1st threat would make allocation of promulgation of such a proposal is Session, July 1, 1997). resources to such a petition [that is, for precluded by higher priority listing Since FY 2002, the Service’s budget a lower-ranking species] unwise.’’ actions. has included a critical habitat subcap to Although that statement appeared to The resources available for listing ensure that some funds are available for refer specifically to the ‘‘to the actions are determined through the other work in the Listing Program (‘‘The maximum extent practicable’’ limitation annual Congressional appropriations critical habitat designation subcap will on the 90-day deadline for making a process. The appropriation for the ensure that some funding is available to ‘‘substantial information’’ finding, that Listing Program is available to support address other listing activities’’ (House finding is made at the point when the work involving the following listing Report No. 107–103, 107th Congress, 1st Service is deciding whether or not to actions: Proposed and final listing rules; Session, June 19, 2001)). In FY 2002 and commence a status review that will 90-day and 12-month findings on each year until FY 2006, the Service has determine the degree of threats facing petitions to add species to the Lists of had to use virtually the entire critical the species, and therefore the analysis Endangered and Threatened Wildlife habitat subcap to address court- underlying the statement is more and Plants (Lists) or to change the status mandated designations of critical relevant to the use of the warranted-but- of a species from threatened to habitat, and consequently none of the precluded finding, which is made when endangered; annual ‘‘resubmitted’’ critical habitat subcap funds have been the Service has already determined the petition findings on prior warranted- available for other listing activities. In degree of threats facing the species and but-precluded petition findings as some FYs since 2006, we have been able is deciding whether or not to commence required under section 4(b)(3)(C)(i) of to use some of the critical habitat a rulemaking. the Act; critical habitat petition subcap funds to fund proposed listing In FY 2011, on April 15, 2011, findings; proposed and final rules determinations for high-priority Congress passed the Full-Year designating critical habitat; and candidate species. In other FYs, while Continuing Appropriations Act (Pub. L. litigation-related, administrative, and we were unable to use any of the critical program-management functions habitat subcap funds to fund proposed 112–10), which provided funding (including preparing and allocating listing determinations, we did use some through September 30, 2011. The budgets, responding to Congressional of this money to fund the critical habitat Service had $20,902,000 for the listing and public inquiries, and conducting portion of some proposed listing program. Of that, $9,472,000 was used public outreach regarding listing and determinations so that the proposed for determinations of critical habitat for critical habitat). The work involved in listing determination and proposed already listed species. Also $500,000 preparing various listing documents can critical habitat designation could be was appropriated for foreign species be extensive and may include, but is not combined into one rule, thereby being listings under the Act. The Service thus limited to: Gathering and assessing the more efficient in our work. At this time, had $10,930,000 available to fund work best scientific and commercial data for FY 2012, we plan to use some of the in the following categories: Compliance available and conducting analyses used critical habitat subcap funds to fund with court orders and court-approved as the basis for our decisions; writing proposed listing determinations. settlement agreements requiring that and publishing documents; and We make our determinations of petition findings or listing obtaining, reviewing, and evaluating preclusion on a nationwide basis to determinations be completed by a public comments and peer review ensure that the species most in need of specific date; section 4 (of the Act) comments on proposed rules and listing will be addressed first and also listing actions with absolute statutory incorporating relevant information into because we allocate our listing budget deadlines; essential litigation-related, final rules. The number of listing on a nationwide basis. Through the administrative, and listing program- actions that we can undertake in a given listing cap, the critical habitat subcap, management functions; and high- year also is influenced by the and the amount of funds needed to priority listing actions for some of our complexity of those listing actions; that address court-mandated critical habitat candidate species. In FY 2010, the is, more complex actions generally are designations, Congress and the courts Service received many new petitions more costly. The median cost for have in effect determined the amount of and a single petition to list 404 species. preparing and publishing a 90-day money available for other listing The receipt of petitions for a large finding is $39,276; for a 12-month activities nationwide. Therefore, the number of species is consuming the finding, $100,690; for a proposed rule funds in the listing cap, other than those Service’s listing funding that is not with critical habitat, $345,000; and for needed to address court-mandated dedicated to meeting court-ordered a final listing rule with critical habitat, critical habitat for already listed species, commitments. Absent some ability to $305,000. set the limits on our determinations of balance effort among listing duties We cannot spend more than is preclusion and expeditious progress. under existing funding levels, the appropriated for the Listing Program Congress identified the availability of Service was only able to initiate a few without violating the Anti-Deficiency resources as the only basis for deferring new listing determinations for candidate Act (see 31 U.S.C. 1341(a)(1)(A)). In the initiation of a rulemaking that is species in FY 2011. For FY 2012, on addition, in FY 1998 and for each fiscal warranted. The Conference Report December 17, 2011, Congress passed a year since then, Congress has placed a accompanying Public Law 97–304 continuing resolution which provides statutory cap on funds that may be (Endangered Species Act Amendments funding at the FY 2011 enacted level expended for the Listing Program, equal of 1982), which established the current with a 1.5 percent rescission through to the amount expressly appropriated statutory deadlines and the warranted- December 23, 2011 (Pub. L. 112–68). for that purpose in that fiscal year. This but-precluded finding, states that the Until Congress appropriates funds for cap was designed to prevent funds amendments were ‘‘not intended to FY 2012, we will fund listing work

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based on the FY 2011 amount minus the Monotypic genus (a species that is the With our workload so much bigger 1.5 percent. sole member of a genus); species; or part than the amount of funds we have to In 2009, the responsibility for listing of a species (subspecies, or distinct accomplish it, it is important that we be foreign species under the Act was population segment)). The lower the as efficient as possible in our listing transferred from the Division of listing priority number, the higher the process. Therefore, as we work on Scientific Authority, International listing priority (that is, a species with an proposed rules for the highest priority Affairs Program, to the Endangered LPN of 1 would have the highest listing species in the next several years, we are Species Program. Therefore, starting in priority). preparing multi-species proposals when FY 2010, we used a portion of our Because of the large number of high- appropriate, and these may include funding to work on the actions priority species, we have further ranked species with lower priority if they described above for listing actions the candidate species with an LPN of 2 overlap geographically or have the same related to foreign species. In FY 2011, by using the following extinction-risk threats as a species with an LPN of 2. we anticipated using $1,500,000 for type criteria: International Union for the In addition, we take into consideration work on listing actions for foreign Conservation of Nature and Natural the availability of staff resources when species, which reduces funding Resources (IUCN) Red list status/rank, we determine which high-priority available for domestic listing actions; Heritage rank (provided by species will receive funding to however, only $500,000 was allocated minimize the amount of time and for this function. Although there are no NatureServe), Heritage threat rank (provided by NatureServe), and species resources required to complete each foreign species issues included in our listing action. high-priority listing actions at this time, currently with fewer than 50 many actions have statutory or court- individuals, or 4 or fewer populations. As explained above, a determination approved settlement deadlines, thus Those species with the highest IUCN that listing is warranted but precluded increasing their priority. The budget rank (critically endangered), the highest must also demonstrate that expeditious allocations for each specific listing Heritage rank (G1), the highest Heritage progress is being made to add and action are identified in the Service’s FY threat rank (substantial, imminent remove qualified species to and from 2011 and FY 2012 Allocation Tables threats), and currently with fewer than the Lists of Endangered and Threatened (part of our record). 50 individuals, or fewer than 4 Wildlife and Plants. As with our For the above reasons, funding a populations, originally comprised a ‘‘precluded’’ finding, the evaluation of proposed listing determination for the group of approximately 40 candidate whether progress in adding qualified Bay-Delta DPS of longfin smelt is species (‘‘Top 40’’). These 40 candidate species to the Lists has been expeditious precluded by court-ordered and court- species have had the highest priority to is a function of the resources available approved settlement agreements, listing receive funding to work on a proposed for listing and the competing demands actions with absolute statutory listing determination. As we work on for those funds. (Although we do not deadlines, and work on proposed listing proposed and final listing rules for those discuss it in detail here, we are also determinations for those candidate 40 candidates, we apply the ranking making expeditious progress in species with a higher listing priority criteria to the next group of candidates removing species from the list under the (i.e., candidate species with LPNs of 1 with LPNs of 2 and 3 to determine the Recovery program in light of the or 2). next set of highest priority candidate resource available for delisting, which is Based on our September 21, 1983, species. Finally, proposed rules for funded by a separate line item in the guidelines for assigning an LPN for each reclassification of threatened species to budget of the Endangered Species candidate species (48 FR 43098), we endangered species are lower priority, Program. During FY 2011, we completed have a significant number of species because as listed species, they are delisting rules for three species.) Given with a LPN of 2. Using these guidelines, already afforded the protections of the the limited resources available for we assign each candidate an LPN of 1 Act and implementing regulations. listing, we find that we made to 12, depending on the magnitude of However, for efficiency reasons, we may expeditious progress in FY 2011 and are threats (high or moderate to low), choose to work on a proposed rule to making expeditious progress in FY 2012 immediacy of threats (imminent or reclassify a species to endangered if we in the Listing Program. This progress nonimminent), and taxonomic status of can combine this with work that is included preparing and publishing the the species (in order of priority: subject to a court-determined deadline. following determinations:

FY 2011 AND FY 2012 COMPLETED LISTING ACTIONS

Publication date Title Actions FR Pages

10/6/2010 ...... Endangered Status for the Altamaha Spinymussel Proposed Listing Endangered ...... 75 FR 61664–61690 and Designation of Critical Habitat. 10/7/2010 ...... 12-month Finding on a Petition to list the Sac- Notice of 12-month petition finding, 75 FR 62070–62095 ramento Splittail as Endangered or Threatened. Not warranted. 10/28/2010 ...... Endangered Status and Designation of Critical Proposed Listing Endangered 75 FR 66481–66552 Habitat for Spikedace and Loach Minnow. (uplisting). 11/2/2010 ...... 90-Day Finding on a Petition to List the Bay Notice of 90-day Petition Finding, Not 75 FR 67341–67343 Springs Salamander as Endangered. substantial. 11/2/2010 ...... Determination of Endangered Status for the Geor- Final Listing Endangered ...... 75 FR 67511–67550 gia Pigtoe Mussel, Interrupted Rocksnail, and Rough Hornsnail and Designation of Critical Habitat. 11/2/2010 ...... Listing the Rayed Bean and Snuffbox as Endan- Proposed Listing Endangered ...... 75 FR 67551–67583 gered. 11/4/2010 ...... 12-Month Finding on a Petition to List Cirsium Notice of 12-month petition finding, 75 FR 67925–67944 wrightii (Wright’s Marsh Thistle) as Endangered Warranted but precluded. or Threatened.

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FY 2011 AND FY 2012 COMPLETED LISTING ACTIONS—Continued

Publication date Title Actions FR Pages

12/14/2010 ...... Endangered Status for Dunes Sagebrush Lizard .... Proposed Listing Endangered ...... 75 FR 77801–77817 12/14/2010 ...... 12-month Finding on a Petition to List the North Notice of 12-month petition finding, 75 FR 78029–78061 American Wolverine as Endangered or Threat- Warranted but precluded. ened. 12/14/2010 ...... 12-Month Finding on a Petition to List the Sonoran Notice of 12-month petition finding, 75 FR 78093–78146 Population of the Desert Tortoise as Endangered Warranted but precluded. or Threatened. 12/15/2010 ...... 12-Month Finding on a Petition to List Astragalus Notice of 12-month petition finding, 75 FR 78513–78556 microcymbus and Astragalus schmolliae as En- Warranted but precluded. dangered or Threatened. 12/28/2010 ...... Listing Seven Brazilian Bird Species as Endan- Final Listing Endangered ...... 75 FR 81793–81815 gered Throughout Their Range. 1/4/2011 ...... 90-Day Finding on a Petition to List the Red Knot Notice of 90-day Petition Finding, Not 76 FR 304–311 subspecies Calidris canutus roselaari as Endan- substantial. gered. 1/19/2011 ...... Endangered Status for the Sheepnose and Proposed Listing Endangered ...... 76 FR 3392–3420 Spectaclecase Mussels. 2/10/2011 ...... 12-Month Finding on a Petition to List the Pacific Notice of 12-month petition finding, 76 FR 7634–7679 Walrus as Endangered or Threatened. Warranted but precluded. 2/17/2011 ...... 90-Day Finding on a Petition To List the Sand Ver- Notice of 90-day Petition Finding, 76 FR 9309–9318 bena Moth as Endangered or Threatened. Substantial. 2/22/2011 ...... Determination of Threatened Status for the New Final Listing Threatened ...... 76 FR 9681–9692 Zealand-Australia Distinct Population Segment of the Southern Rockhopper Penguin. 2/22/2011 ...... 12-Month Finding on a Petition to List Solanum Notice of 12-month petition finding, 76 FR 9722–9733 conocarpum (marron bacora) as Endangered. Warranted but precluded. 2/23/2011 ...... 12-Month Finding on a Petition to List Thorne’s Notice of 12-month petition finding, 76 FR 9991–10003 Hairstreak Butterfly as Endangered. Not warranted. 2/23/2011 ...... 12-Month Finding on a Petition to List Astragalus Notice of 12-month petition finding, 76 FR 10166–10203 hamiltonii, Penstemon flowersii, Eriogonum Warranted but precluded & Not soredium, Lepidium ostleri, and Trifolium Warranted. friscanum as Endangered or Threatened. 2/24/2011 ...... 90-Day Finding on a Petition to List the Wild Plains Notice of 90-day Petition Finding, Not 76 FR 10299–10310 Bison or Each of Four Distinct Population Seg- substantial. ments as Threatened. 2/24/2011 ...... 90-Day Finding on a Petition to List the Unsilvered Notice of 90-day Petition Finding, Not 76 FR 10310–10319 Fritillary Butterfly as Threatened or Endangered. substantial. 3/8/2011 ...... 12-Month Finding on a Petition to List the Mt. Notice of 12-month petition finding, 76 FR 12667–12683 Charleston Blue Butterfly as Endangered or Warranted but precluded. Threatened. 3/8/2011 ...... 90-Day Finding on a Petition to List the Texas Notice of 90-day Petition Finding, 76 FR 12683–12690 Kangaroo Rat as Endangered or Threatened. Substantial. 3/10/2011 ...... Initiation of Status Review for Longfin Smelt ...... Notice of Status Review ...... 76 FR 13121–13122 3/15/2011 ...... Withdrawal of Proposed Rule to List the Flat-tailed Proposed rule withdrawal ...... 76 FR 14210–14268 Horned Lizard as Threatened. 3/15/2011 ...... Proposed Threatened Status for the Chiricahua Proposed Listing Threatened; Pro- 76 FR 14126–14207 Leopard Frog and Proposed Designation of Crit- posed Designation of Critical Habi- ical Habitat. tat. 3/22/2011 ...... 12-Month Finding on a Petition to List the Berry Notice of 12-month petition finding, 76 FR 15919–15932 Cave Salamander as Endangered. Warranted but precluded. 4/1/2011 ...... 90-Day Finding on a Petition to List the Spring Notice of 90-day Petition Finding, 76 FR 18138–18143 Pygmy Sunfish as Endangered. Substantial. 4/5/2011 ...... 12-Month Finding on a Petition to List the Notice of 12-month petition finding, 76 FR 18684–18701 Bearmouth Mountainsnail, Byrne Resort Not Warranted and Warranted but Mountainsnail, and Meltwater Lednian Stonefly precluded. as Endangered or Threatened. 4/5/2011 ...... 90-Day Finding on a Petition To List the Peary Notice of 90-day Petition Finding, 76 FR 18701–18706 Caribou and Dolphin and Union population of the Substantial. Barren-ground Caribou as Endangered or Threatened. 4/12/2011 ...... Proposed Endangered Status for the Three Forks Proposed Listing Endangered; Pro- 76 FR 20464–20488 Springsnail and San Bernardino Springsnail, and posed Designation of Critical Habi- Proposed Designation of Critical Habitat. tat. 4/13/2011 ...... 90-Day Finding on a Petition To List Spring Moun- Notice of 90-day Petition Finding, 76 FR 20613–20622 tains Acastus Checkerspot Butterfly as Endan- Substantial. gered. 4/14/2011 ...... 90-Day Finding on a Petition to List the Prairie Notice of 90-day Petition Finding, 76 FR 20911–20918 Chub as Threatened or Endangered. Substantial. 4/14/2011 ...... 12-Month Finding on a Petition to List Hermes Notice of 12-month petition finding, 76 FR 20918–20939 Copper Butterfly as Endangered or Threatened. Warranted but precluded. 4/26/2011 ...... 90-Day Finding on a Petition to List the Arapahoe Notice of 90-day Petition Finding, 76 FR 23256–23265 Snowfly as Endangered or Threatened. Substantial.

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FY 2011 AND FY 2012 COMPLETED LISTING ACTIONS—Continued

Publication date Title Actions FR Pages

4/26/2011 ...... 90-Day Finding on a Petition to List the Smooth- Notice of 90-day Petition Finding, Not 76 FR 23265–23271 Billed Ani as Threatened or Endangered. substantial. 5/12/2011 ...... Withdrawal of the Proposed Rule to List the Moun- Proposed Rule, Withdrawal ...... 76 FR 27756–27799 tain Plover as Threatened. 5/25/2011 ...... 90-Day Finding on a Petition To List the Spot-tailed Notice of 90-day Petition Finding, 76 FR 30082–30087 Earless Lizard as Endangered or Threatened. Substantial. 5/26/2011 ...... Listing the Salmon-Crested Cockatoo as Threat- Final Listing Threatened ...... 76 FR 30758–30780 ened Throughout its Range with Special Rule. 5/31/2011 ...... 12-Month Finding on a Petition to List Puerto Rican Notice of 12-month petition finding, 76 FR 31282–31294 Harlequin Butterfly as Endangered. Warranted but precluded. 6/2/2011 ...... 90-Day Finding on a Petition to Reclassify the Notice of 90-day Petition Finding, 76 FR 31903–31906 Straight-Horned Markhor (Capra falconeri Substantial. jerdoni) of Torghar Hills as Threatened. 6/2/2011 ...... 90-Day Finding on a Petition to List the Golden- Notice of 90-day Petition Finding, 76 FR 31920–31926 winged Warbler as Endangered or Threatened. Substantial. 6/7/2011 ...... 12-Month Finding on a Petition to List the Striped Notice of 12-month petition finding, 76 FR 32911–32929 Newt as Threatened. Warranted but precluded. 6/9/2011 ...... 12-Month Finding on a Petition to List Abronia Notice of 12-month petition finding, 76 FR 33924–33965 ammophila, Agrostis rossiae, Astragalus Not Warranted and Warranted but proimanthus, Boechera (Arabis) pusilla, and precluded. Penstemon gibbensii as Threatened or Endan- gered. 6/21/2011 ...... 90-Day Finding on a Petition to List the Utah Popu- Notice of 90-day Petition Finding, Not 76 FR 36049–36053 lation of the Gila Monster as an Endangered or a substantial. Threatened Distinct Population Segment. 6/21/2011 ...... Revised 90-Day Finding on a Petition To Reclas- Notice of 90-day Petition Finding, Not 76 FR 36053–36068 sify the Utah Prairie Dog From Threatened to substantial. Endangered. 6/28/2011 ...... 12-Month Finding on a Petition to List Castanea Notice of 12-month petition finding, 76 FR 37706–37716 pumila var. ozarkensis as Threatened or Endan- Not warranted. gered. 6/29/2011 ...... 90-Day Finding on a Petition to List the Eastern Notice of 90-day Petition Finding, 76 FR 38095–38106 Small-Footed Bat and the Northern Long-Eared Substantial. Bat as Threatened or Endangered. 6/30/2011 ...... 12-Month Finding on a Petition to List a Distinct Notice of 12-month petition finding, 76 FR 38504–38532 Population Segment of the Fisher in Its United Not warranted. States Northern Rocky Mountain Range as En- dangered or Threatened with Critical Habitat. 7/12/2011 ...... 90-Day Finding on a Petition to List the Bay Skip- Notice of 90-day Petition Finding, 76 FR 40868–40871 per as Threatened or Endangered. Substantial. 7/19/2011 ...... 12-Month Finding on a Petition to List Pinus Notice of 12-month petition finding, 76 FR 42631–42654 albicaulis as Endangered or Threatened with Warranted but precluded. Critical Habitat. 7/19/2011 ...... Petition To List Grand Canyon Cave Notice of 12-month petition finding, 76 FR 42654–42658 Pseudoscorpion. Not warranted. 7/26/2011 ...... 12-Month Finding on a Petition to List the Giant Notice of 12-month petition finding, 76 FR 44547–44564 Palouse Earthworm (Drilolerius americanus) as Not warranted. Threatened or Endangered. 7/26/2011 ...... 12-month Finding on a Petition to List the Frigid Notice of 12-month petition finding, 76 FR 44566–44569 Ambersnail as Endangered. Not warranted. 7/27/2011 ...... Determination of Endangered Status for Ipomopsis Final Listing Endangered, Threatened 76 FR 45054–45075 polyantha (Pagosa Skyrocket) and Threatened Status for Penstemon debilis (Parachute Beardtongue) and Phacelia submutica (DeBeque Phacelia). 7/27/2011 ...... 12-Month Finding on a Petition to List the Gopher Notice of 12-month petition finding, 76 FR 45130–45162 Tortoise as Threatened in the Eastern Portion of Warranted but precluded. its Range. 8/2/2011 ...... Proposed Endangered Status for the Chupadera Proposed Listing Endangered ...... 76 FR 46218–46234 Springsnail (Pyrgulopsis chupaderae) and Pro- posed Designation of Critical Habitat. 8/2/2011 ...... 90-Day Finding on a Petition to List the Straight Notice of 90-day Petition Finding, Not 76 FR 46238–46251 Snowfly and Idaho Snowfly as Endangered. substantial. 8/2/2011 ...... 12-Month Finding on a Petition to List the Redrock Notice of 12-month petition finding, 76 FR 46251–46266 Stonefly as Endangered or Threatened. Not warranted. 8/2/2011 ...... Listing 23 Species on Oahu as Endangered and Proposed Listing Endangered ...... 76 FR 46362–46594 Designating Critical Habitat for 124 Species. 8/4/2011 ...... 90-Day Finding on a Petition To List Six Sand Notice of 90-day Petition Finding, Not 76 FR 47123–47133 Dune Beetles as Endangered or Threatened. substantial and substantial. 8/9/2011 ...... Endangered Status for the Cumberland Darter, Final Listing Endangered ...... 76 FR 48722–48741 Rush Darter, Yellowcheek Darter, Chucky Madtom, and Laurel Dace.

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FY 2011 AND FY 2012 COMPLETED LISTING ACTIONS—Continued

Publication date Title Actions FR Pages

8/9/2011 ...... 12-Month Finding on a Petition to List the Nueces Notice of 12-month petition finding, 76 FR 48777–48788 River and Plateau Shiners as Threatened or En- Not warranted. dangered. 8/9/2011 ...... Four Foreign Parrot Species [crimson shining par- Proposed Listing Endangered and 76 FR 49202–49236 rot, white cockatoo, Philippine cockatoo, yellow- Threatened; Notice of 12-month pe- crested cockatoo]. tition finding, Not warranted. 8/10/2011 ...... Proposed Listing of the Miami Blue Butterfly as En- Proposed Listing Endangered Simi- 76 FR 49408–49412 dangered, and Proposed Listing of the Cassius larity of Appearance. Blue, Ceraunus Blue, and Nickerbean Blue But- terflies as Threatened Due to Similarity of Ap- pearance to the Miami Blue Butterfly. 8/10/2011 ...... 90-Day Finding on a Petition To List the Saltmarsh Notice of 90-day Petition Finding, 76 FR 49412–49417 Topminnow as Threatened or Endangered Under Substantial. the Endangered Species Act. 8/10/2011 ...... Emergency Listing of the Miami Blue Butterfly as Emergency Listing Endangered and 76 FR 49542–49567 Endangered, and Emergency Listing of the Similarity of Appearance. Cassius Blue, Ceraunus Blue, and Nickerbean Blue Butterflies as Threatened Due to Similarity of Appearance to the Miami Blue Butterfly. 8/11/2011 ...... Listing Six Foreign Birds as Endangered Through- Final Listing Endangered ...... 76 FR 50052–50080 out Their Range. 8/17/2011 ...... 90-Day Finding on a Petition to List the Leona’s Notice of 90-day Petition Finding, 76 FR 50971–50979 Little Blue Butterfly as Endangered or Threat- Substantial. ened. 9/01/2011 ...... 90-Day Finding on a Petition to List All Chim- Notice of 90-day Petition Finding, 76 FR 54423–54425 panzees (Pan troglodytes) as Endangered. Substantial. 9/6/2011 ...... 12-Month Finding on Five Petitions to List Seven Notice of 12-month petition finding, 76 FR 55170–55203 Species of Hawaiian Yellow-faced Bees as En- Warranted but precluded. dangered. 9/8/2011 ...... 12-Month Petition Finding and Proposed Listing of Notice of 12-month petition finding, 76 FR 55623–55638 Arctostaphylos franciscana as Endangered. Warranted; Proposed Listing En- dangered. 9/8/2011 ...... 90-Day Finding on a Petition To List the Snowy Notice of 90-day Petition Finding, Not 76 FR 55638–55641 Plover and Reclassify the Wintering Population substantial. of Piping Plover. 9/13/2011 ...... 90-Day Finding on a Petition To List the Franklin’s Notice of 90-day Petition Finding, 76 FR 56381–56391 Bumble Bee as Endangered. Substantial. 9/13/2011 ...... 90-Day Finding on a Petition to List 42 Great Basin Notice of 90-day Petition Finding, 76 FR 56608–56630 and Mojave Desert Springsnails as Threatened Substantial and Not substantial. or Endangered with Critical Habitat. 9/21/2011 ...... 12-Month Finding on a Petition to List Van Notice of 12-month petition finding, 76 FR 58650–58680 Rossem’s Gull-billed Tern as Endangered or Not warranted. Threatened. 9/22/2011 ...... Determination of Endangered Status for Casey’s Final Listing Endangered ...... 76 FR 58954–58998 June Beetle and Designation of Critical Habitat. 9/27/2011 ...... 12-Month Finding on a Petition to List the Notice of 12-month petition finding, 76 FR 59623–59634 Tamaulipan Agapema, Sphingicampa blanchardi Not warranted. (no common name), and Ursia furtiva (no com- mon name) as Endangered or Threatened. 9/27/2011 ...... Partial 90-Day Finding on a Petition to List 404 Notice of 90-day Petition Finding, 76 FR 59836–59862 Species in the Southeastern United States as Substantial. Endangered or Threatened With Critical Habitat. 9/29/2011 ...... 90-Day Finding on a Petition to List the American Notice of 90-day Petition Finding, 76 FR 60431–60444 Eel as Threatened. Substantial. 10/4/2011 ...... 12-Month Finding on a Petition to List the Lake Notice of 12-month petition finding, 76 FR 61298–61307 Sammamish Kokanee Population of Not warranted. Oncorhynchus nerka as an Endangered or Threatened Distinct Population Segment. 10/4/2011 ...... 12-Month Finding on a Petition to List Calopogon Notice of 12-month petition finding, 76 FR 61307–61321 oklahomensis as Threatened or Endangered. Not warranted. 10/4/2011 ...... 12-Month Finding on a Petition To List the Notice of 12-month petition finding, 76 FR 61321–61330 Amargosa River Population of the Mojave Not warranted. Fringe-toed Lizard as an Endangered or Threat- ened Distinct Population Segment. 10/4/2011 ...... Endangered Status for the Alabama Pearlshell, Proposed Listing Endangered ...... 76 FR 61482–61529 Round Ebonyshell, Southern Sandshell, South- ern Kidneyshell, and Choctaw Bean, and Threat- ened Status for the Tapered Pigtoe, Narrow Pigtoe, and Fuzzy Pigtoe; with Critical Habitat. 10/4/2011 ...... 90-Day Finding on a Petition To List 10 Sub- Notice of 90-day Petition Finding, 76 FR 61532–61554 species of Great Basin Butterflies as Threatened Substantial and Not substantial. or Endangered with Critical Habitat.

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FY 2011 AND FY 2012 COMPLETED LISTING ACTIONS—Continued

Publication date Title Actions FR Pages

10/5/2011 ...... 90-Day Finding on a Petition to List 29 Mollusk Notice of 90-day Petition Finding, 76 FR 61826–61853 Species as Threatened or Endangered With Crit- Substantial and Not substantial. ical Habitat. 10/5/2011 ...... 12-Month Finding on a Petition to List the Cactus Notice of 12-month petition finding, 76 FR 61856–61894 Ferruginous Pygmy-Owl as Threatened or En- Not warranted. dangered with Critical Habitat. 10/5/2011 ...... 12-Month Finding on a Petition to List the Northern Notice of 12-month petition finding, 76 FR 61896–61931 Leopard Frog in the Western United States as Not warranted. Threatened. 10/6/2011 ...... Endangered Status for the Ozark Hellbender Sala- Final Listing Endangered ...... 76 FR 61956–61978 mander. 10/6/2011 ...... Red-Crowned Parrot ...... Notice of 12-month petition finding, 76 FR 62016–62034 Warranted but precluded. 10/6/2011 ...... 12-Month Finding on a Petition to List Texas Notice of 12-month petition finding, 76FR 62166–62212 Fatmucket, Golden Orb, Smooth Pimpleback, Warranted but precluded. Texas Pimpleback, and Texas Fawnsfoot as Threatened or Endangered. 10/6/2011 ...... 12-Month Finding on a Petition to List the Mohave Notice of 12-month petition finding, 76 FR 62214–62258 Ground Squirrel as Endangered or Threatened. Not warranted. 10/6/2011 ...... Partial 90-Day Finding on a Petition to List 404 Notice of 90-day Petition Finding, Not 76 FR 62260–62280 Species in the Southeastern United States as substantial. Threatened or Endangered With Critical Habitat. 10/7/2011 ...... 12-Month Finding on a Petition to List the Black- Notice of 12-month petition finding, 76 FR 62504–62565 footed Albatross as Endangered or Threatened. Not warranted. 10/11/2011 ...... 12-Month Finding on a Petition to List Amoreuxia Notice of 12-month petition finding, 76 FR 62722–62740 gonzalezii, Astragalus hypoxylus, and Erigeron Not warranted. piscaticus as Endangered or Threatened. 10/11/2011 ...... 12-Month Finding on a Petition and Proposed Rule Notice of 12-month petition finding, 76 FR 62740–62754 to List the Yellow-Billed Parrot. Warranted Propose Listing, threat- ened. 10/11/2011 ...... 12-Month Finding on a Petition to List the Notice of 12-month petition finding, 76 FR 62900–62926 Tehachapi Slender Salamander as Endangered Not warranted. or Threatened. 10/11/2011 ...... Endangered Status for the Altamaha Spinymussel Final Listing Endangered ...... 76 FR 62928–62960 and Designation of Critical Habitat. 10/11/2011 ...... 12-Month Finding for a Petition to List the Cali- Notice of 12-month petition finding, 76 FR 63094–63115 fornia Golden Trout as Endangered. Not warranted. 10/12/2011 ...... 12-Month Petition Finding, Proposed Listing of Notice of 12-month petition finding, 76 FR 63420–63442 Coquı´ Llanero as Endangered, and Designation Warranted; Proposed Listing En- of Critical Habitat for Coquı´ Llanero. dangered. 10/12/2011 ...... 12-Month Finding on a Petition to List Northern Notice of 12-month petition finding, 76 FR 63444–63478 Leatherside Chub as Endangered or Threatened. Not warranted. 10/12/2011 ...... 12-Month Finding on a Petition to List Two South Notice of 12-month petition finding, 76 FR 63480–63508 American Parrot Species. Not warranted. 10/13/2011 ...... 12-Month Finding on a Petition to List a Distinct Notice of 12-month petition finding, 76 FR 63720–63762 Population Segment of the Red Tree Vole as Warranted but precluded. Endangered or Threatened. 12/19/2011 ...... 90-Day Finding on a Petition To List the Western Notice of 90-day Petition Finding, 76 FR 78601–78609 Glacier Stonefly as Endangered With Critical Substantial. Habitat. 1/3/2012 ...... 90-Day Finding on a Petition to List Sierra Nevada Notice of 90-day Petition Finding, 77 FR 45–52 Red Fox as Endangered or Threatened. Substantial. 1/5/2012 ...... Listing Two Distinct Population Segments of Proposed Reclassification ...... 77 FR 666–697 Broad-Snouted Caiman as Endangered or Threatened and a Special Rule. 1/12/2012 ...... 90-Day Finding on a Petition To List the Humboldt Notice of 90-day Petition Finding, 77 FR 1900–1908 Marten as Endangered or Threatened. Substantial. 1/24/2012 ...... 90-Day Finding on a Petition to List the ‘I’iwi as Notice of 90-day Petition Finding, 77 FR 3423–3432 Endangered or Threatened. Substantial. 2/1/2012 ...... 90-Day Finding on a Petition to List the San Notice of 90-day Petition Finding, 77 FR 4973–4980 Bernardino Flying Squirrel as Endangered or Substantial. Threatened With Critical Habitat. 2/14/2012 ...... Determination of Endangered Status for the Rayed Final Listing Endangered ...... 77 FR 8632–8665 Bean and Snuffbox Mussels Throughout Their Ranges.

Our expeditious progress also FY 2012 but have not yet been of the table are being conducted under includes work on listing actions that we completed to date. These actions are a deadline set by a court. We are funded in previous fiscal years and in listed below. Actions in the top section implementing a work plan that

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establishes a framework and schedule approval. The Service had already high priority. Including these species for resolving by September 30, 2016, the begun to implement that work plan last together in the same proposed rule status of all of the species that the FY and many of these initial actions in results in considerable savings in time Service had determined to be qualified our work plan include work on and funding, when compared to as of the 2010 Candidate Notice of proposed rules for candidate species preparing separate proposed rules for Review. The Service submitted such a with an LPN of 2 or 3. As discussed each of them in the future. Actions in work plan to the U.S. District Court for above, selection of these species is the lower section of the table are being the District of Columbia in In re partially based on available staff conducted to meet statutory timelines, Endangered Species Act Section 4 resources, and when appropriate, that is, timelines required under the Deadline Litigation, No. 10–377 (EGS), include species with a lower priority if Act. MDL Docket No. 2165 (D. D.C. May 10, they overlap geographically or have the 2011), and obtained the court’s same threats as the species with the

ACTIONS FUNDED IN PREVIOUS FYS AND IN FY 2012 BUT NOT YET COMPLETED

Species Action

Actions Subject to Court Order/Settlement Agreement

4 parrot species (military macaw, yellow-billed parrot, scarlet macaw).5 12-month petition finding. Longfin smelt ...... 12-month petition finding. 20 Maui-Nui candidate species 2 (17 plants, 3 tree snails) (14 with LPN = 2, 2 with LPN = 3, 3 with LPN = 8) ...... Proposed listing. Umtanum buckwheat (LPN = 2) and white bluffs bladderpod (LPN = 9).4 Proposed listing. Grotto sculpin (LPN = 2) 4 ...... Proposed listing. 2 Arkansas mussels (Neosho mucket (LPN = 2) & Rabbitsfoot (LPN = 9)).4 Proposed listing. Diamond darter (LPN = 2) 4 ...... Proposed listing. Gunnison sage-grouse (LPN = 2) 4 ...... Proposed listing. Coral Pink Sand Dunes Tiger Beetle (LPN = 2) 5 ...... Proposed listing. Lesser prairie chicken (LPN = 2) ...... Proposed listing. 4 Texas salamanders (Austin blind salamander (LPN = 2), Salado salamander (LPN = 2), Georgetown salamander Proposed listing. (LPN = 8), Jollyville Plateau (LPN = 8)).3 West Texas aquatics (Gonzales Spring Snail (LPN = 2), Diamond Y springsnail (LPN = 2), Phantom springsnail Proposed listing. (LPN = 2), Phantom Cave snail (LPN = 2), Diminutive amphipod (LPN = 2)).3 2 Texas plants (Texas golden gladecress (Leavenworthia texana) (LPN = 2), Neches River rose-mallow (Hibiscus Proposed listing. dasycalyx) (LPN = 2)).3 4 AZ plants (Acuna cactus (Echinomastus erectocentrus var. acunensis) (LPN = 3), Fickeisen plains cactus Proposed listing. (Pediocactus peeblesianus fickeiseniae) (LPN = 3), Lemmon fleabane (Erigeron lemmonii) (LPN = 8), Gierisch mallow (Sphaeralcea gierischii) (LPN = 2)).5 FL bonneted bat (LPN = 2).3 Proposed listing. 3 Southern FL plants (Florida semaphore cactus (Consolea corallicola) (LPN = 2), shellmound applecactus Proposed listing. (Harrisia (= Cereus) aboriginum (=gracilis)) (LPN = 2), Cape Sable thoroughwort (Chromolaena frustrata) (LPN = 2)).5 21 Big Island (HI) species 5 (includes 8 candidate species—6 plants & 2 animals; 4 with LPN = 2, 1 with LPN = 3, Proposed listing. 1 with LPN = 4, 2 with LPN = 8) 12 Puget Sound prairie species (9 subspecies of pocket gopher (Thomomys mazama ssp.) (LPN = 3), streaked Proposed listing. horned lark (LPN = 3), Taylor’s checkerspot (LPN = 3), Mardon skipper (LPN = 8)).3 2 TN River mussels (fluted kidneyshell (LPN = 2), slabside pearlymussel (LPN = 2)).5 Proposed listing. Jemez Mountain salamander (LPN = 2) 5 ...... Proposed listing.

Actions with Statutory Deadlines

5 Bird species from Colombia and Ecuador ...... Final listing determination. Queen Charlotte goshawk ...... Final listing determination. 6 Birds from Peru & Bolivia ...... Final listing determination. Loggerhead sea turtle (assist National Marine Fisheries Service) 5 ...... Final listing determination. Platte River caddisfly (from 206 species petition) 5 ...... 12-month petition finding. Ashy storm-petrel 5 ...... 12-month petition finding. Honduran emerald ...... 12-month petition finding. Eagle Lake trout 1 ...... 90-day petition finding. Spring Mountains checkerspot butterfly ...... 90-day petition finding. Aztec gilia 5 ...... 90-day petition finding. White-tailed ptarmigan 5 ...... 90-day petition finding. Bicknell’s thrush 5 ...... 90-day petition finding. Sonoran talussnail 5 ...... 90-day petition finding. 2 AZ Sky Island plants (Graptopetalum bartrami & Pectis imberbis) 5 ...... 90-day petition finding. Desert massasauga ...... 90-day petition finding. Boreal toad (eastern or southern Rocky Mtn population) 5 ...... 90-day petition finding. Alexander Archipelago wolf 5 ...... 90-day petition finding. Eastern diamondback rattlesnake ...... 90-day petition finding. 1 Funds for listing actions for these species were provided in previous FYs. 2 Although funds for these high-priority listing actions were provided in FY 2008 or 2009, due to the complexity of these actions and competing priorities, these actions are still being developed. 3 Partially funded with FY 2010 funds and FY 2011 funds. 4 Funded with FY 2010 funds. 5 Funded with FY 2011 funds.

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We have endeavored to make our will determine if a change in status is and Wildlife Office (see ADDRESSES listing actions as efficient and timely as warranted, including the need to make section). possible, given the requirements of the prompt use of emergency listing Authors relevant law and regulations, and procedures. constraints relating to workload and We intend that any proposed listing The primary authors of this notice are personnel. We are continually determination for the Bay-Delta DPS of the staff members of the San Francisco considering ways to streamline longfin smelt will be as accurate as Bay-Delta Fish and Wildlife Office. processes or achieve economies of scale, possible. Therefore, we will continue to such as by batching related actions accept additional information and Authority together. Given our limited budget for comments from all concerned The authority for this section is implementing section 4 of the Act, these governmental agencies, the scientific section 4 of the Endangered Species Act actions described above collectively community, industry, or any other of 1973, as amended (16 U.S.C. 1531 et constitute expeditious progress. interested party concerning this finding. seq.). The Bay-Delta DPS of longfin smelt will be added to the list of candidate References Cited Dated: March 13, 2012. species upon publication of this 12- A complete list of references cited is Gary D. Frazer, month finding. We will continue to available on the Internet at http:// Acting Director, Fish and Wildlife Service. evaluate this DPS as new information www.regulations.gov and upon request [FR Doc. 2012–7198 Filed 3–30–12; 8:45 am] becomes available. Continuing review from the San Francisco Bay-Delta Fish BILLING CODE 4310–55–P

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