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compatible with sustaining the DEPARTMENT OF COMMERCE all other information readily available in subspecies in the longterm. our files. We do not conduct additional National Oceanic and Atmospheric The current threats analysis supports research at this point, nor do we subject Administration a determination that listing the island the petition to critical review. Our ESA marble butterfly under the Act is not implementing regulations at 50 CFR 50 CFR Part 224 424.14(b)(1) define ‘‘substantial warranted. We will continue to assess information’’ as the amount of the status of the butterfly by working [Docket No. 060621175–6175–01; I.D. 101805A] information that would lead a with NPS, WDFW, conservation reasonable person to believe that the organizations, faculty and students from Endangered and Threatened Wildlife measure proposed in the petition may the University of Washington, the and Plants; 90–Day Finding for a be warranted. If the petition is found to Washington State University Extension Petition to List the Kennebec River present such information, the Secretary Service, and all private landowners with Population of Anadromous Atlantic of Commerce (Secretary) must conduct an interest in contributing to the Salmon as Part of the Endangered Gulf a status review of the involved species. conservation of this species. In addition, Of Maine Distinct Population Segment In making a finding on a petition to list we will continue to work with the NPS a species, the Secretary must consider on implementation of the Conservation AGENCY: National Marine Fisheries whether such a petition (i) clearly Agreement for the butterfly. Although Service (NMFS), National Oceanic and indicates the administrative measure we did not rely on efforts identified in Atmospheric Administration, recommended and gives the scientific this new agreement as a basis for our Commerce. and any common name of the species determination, we anticipate that these ACTION: Notice of 90–day petition involved; (ii) contains detailed narrative efforts will enhance the conservation of finding; request for information. justification for the recommended the subspecies. measure, describing, based on available SUMMARY: We, NMFS, announce a 90– information, past and present numbers Based on an analysis of the current day finding on a petition to list the and distribution of the species involved status and threats to the subspecies, we Kennebec River population of and any threats faced by the species; find that listing the island marble anadromous Atlantic salmon (Salmo (iii) provides information regarding the salar) as endangered under the butterfly under the Act is not warranted. status of the species over all or a Endangered Species Act (ESA) of 1973, We request that you submit any new significant portion of its range; and (iv) as amended. We find that the petition information concerning the status of or is accompanied by the appropriate presents substantial scientific or threats to this species to our Western supporting documentation in the form commercial information indicating that Washington Fish and Wildlife Office of bibliographic references, reprints of the petitioned action may be warranted. (see ADDRESSES section) whenever it pertinent publications, copies of reports This normally initiates a formal status becomes available. New information or letters from authorities, and maps (50 review, but as described below under will help us monitor the species and CFR 424.14(b)(2)). encourage its conservation. If an Summary of Previous ESA Actions, in this case, we and the U.S. Fish and In a petition submitted on May 11, emergency situation develops for this or 2005, Timothy Watts, Douglas Watts, Ed any other candidate species or species Wildlife Service (USFWS) had already initiated a status review of this and Friedman, and Kathleen McGee of concern, we will act to provide other populations, resulting in NMFS’ requested that we and the USFWS immediate protection. announcement of the completed status declare the Kennebec River population References Cited review report on September 22, 2006. of anadromous Atlantic salmon endangered under the ESA and DATES: The finding announced in this presented the following three main A complete list of all references cited document was made on November 14, areas of evidence to support their herein, as well as others, is available 2006. upon request from the Western request: (1) historic information on the Washington Fish and Wildlife Office FOR FURTHER INFORMATION CONTACT: presence of Atlantic salmon; (2) (see ADDRESSES section). Mary Colligan, NMFS Northeast Region, information on other native migratory 978–281–9116; or Marta Nammack, fish populations in the Kennebec; and Author NMFS Office of Protected Resources, (3) microsatellite DNA analysis of 301–713–1401, ext. 180. Atlantic salmon in the Kennebec. It is The primary author of this document SUPPLEMENTARY INFORMATION: the petitioners’ contention that historic is Ted Thomas, U.S. Fish and Wildlife observations of Kennebec River Atlantic Service, Western Washington Fish and Background salmon from the 18th century to the Wildlife Office (see ADDRESSES section). Section 4(b)(3)(A) of the ESA requires present demonstrate that there was no Authority that we make a finding on whether a period in the 19th and 20th centuries petition to list, delist, or reclassify a during which Atlantic salmon were The authority for this action is the species presents substantial information absent from the Kennebec River. The Endangered Species Act of 1973, as to indicate that the petitioned action petition states that populations of native amended (16 U.S.C. 1531 et seq.). may be warranted. To the maximum migratory fish species have also extent practicable, this finding is to be persisted in the Kennebec despite being Dated: November 3, 2006. made within 90 days of receipt of the subjected to the same environmental Marshall P. Jones, Jr., petition, and the finding is to be pressures as Atlantic salmon. The Acting Director, Fish and Wildlife Service. published promptly in the Federal petition also contends that [FR Doc. E6–19064 Filed 11–13–06; 8:45 am] Register. microsatellite DNA analysis of tissue BILLING CODE 4310–55–P In determining whether a petition samples from 180 wild Atlantic salmon contains substantial information, we captured in the Kennebec River by the take into account information submitted USFWS from 1994 to the present show with and referenced in the petition and that wild Kennebec River salmon are

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genetically distinct from other hatchery of the sea-run pre-adult predominates. known about the biological status of the and wild populations of Atlantic salmon Spawning adults darken to a bronze species, as well as consideration of in Maine. color after entering freshwater and ongoing actions by international, State, Under the ESA, a listing darken further after spawning. They are Federal, and private entities, including determination can address a species, often referred to as ‘‘black salmon’’ at the State’s Atlantic Salmon subspecies, or distinct population this stage. The silver coloring returns Conservation Plan for Seven Maine segment (DPS) of a vertebrate species after re-entering the sea. Rivers (Conservation Plan) (MASCP, (16 U.S.C. 1532(15)). The petition Outmigrating Atlantic salmon smolts 1997). The Services committed to requests protecting the Kennebec River in Maine average 14 to18 centimeters review this decision on an annual basis. population of Atlantic salmon in (cm) in length. The size of returning In January 1999, the Services received addition to the existing Gulf of Maine adults depends on the time spent at sea. the State of Maine’s 1998 Annual (GOM) DPS that was previously Grilse, young salmon returning to Progress Report on implementation of delineated and listed under the ESA as freshwater after 1 winter at sea (1SW), the Conservation Plan (ASC, 1998). endangered. A DPS is a vertebrate average 50 to 60 cm and weigh 1 to 2 After review of the Annual Report, population that is discrete in relation to kilograms (kg) while 2SW salmon (adult public comments, and a 1999 Atlantic the remainder of the species to which it salmon returning after 2 years at sea) salmon status review report (NMFS and belongs and significant to the species range from 70 to 80 cm and 3.5 to 4.5 USFWS, 1999), the Services determined (61 FR 4722; February 7, 1996). We kg. Salmon that are 3SW (adult salmon that the species’ status was more interpret the petition to request listing returning after 3 years at sea) are 80 to precarious than indicated by the the Kennebec River population as part 90 cm long and often weigh more than available information at the time of the of the existing GOM DPS. 7 kg (Baum, 1997). December 1997 determination not to list We evaluated whether the Historically, the geographic range of the species (64 FR 62627). On November information provided or cited in the the GOM DPS within the United States 17, 1999, the Services proposed to list petition met the ESA’s standard for extended from the Androscoggin River the Atlantic salmon GOM DPS, this time ‘‘substantial information.’’ We reviewed in the south of Maine, northward to the as an endangered species. After review the information presented in the mouth of the St. Croix River on the of public comments and consideration petition and other readily available United States-Canada border (NMFS of the best available scientific and biological information on anadromous and USFWS, 1999). This delineation commercial information and data, the Atlantic salmon in the Kennebec River was based on examination of life Services published a final rule on to determine whether the petitioned history, biogeographical, genetic, and November 17, 2000, listing the Atlantic action may be warranted. environmental information. salmon GOM DPS as an endangered Zoogeographic maps helped identify General Biology and Status of the species (65 FR 69459). boundaries between areas that likely The GOM DPS includes all naturally Species exert different selective pressures on reproducing wild populations and those The Atlantic salmon, Salmo salar, is Atlantic salmon populations and have river-specific hatchery populations of in the order Salmoniformes and family substantial differences in riverine- Atlantic salmon having historical, river- Salmonidae. Atlantic salmon is one of marine ecosystem structure and specific characteristics found north of only two members of the genus Salmo function. Key elements to the and including tributaries of the lower found in North America. The Atlantic delineation included: (1) spatial Kennebec River, to, but not including, salmon is an anadromous fish, spending arrangements of river systems to create the mouth of the St. Croix River at the its first 2 to 3 years in freshwater, isolation, and (2) watershed location United States-Canada border. The migrating to the ocean where it spends within ecological provinces and Penobscot and its tributaries typically 2 years, and returning to its subregions that affect the productivity downstream from the site of the Bangor natal river to spawn. A non-anadromous and ecology of riverine-marine Dam are included in the range of the variety (recognized in the past by some ecosystem complexes (NMFS and GOM DPS (65 FR 69459; November 17, taxonomists as the subspecies S. salar USFWS, 1999). 2000). At the time of the listing, there sebago) is found in some lakes and were at least eight rivers within the Summary of Previous ESA Actions rivers. The other member of the genus geographic range of the GOM DPS that Salmo is Salmo trutta, brown trout, In response to a petition submitted in still contained functioning wild salmon which was introduced from Europe. 1993 to list Atlantic salmon under the populations, although at substantially Atlantic salmon have a fusiform body ESA, NMFS and the USFWS (the reduced abundance levels (65 FR 69459; shape (i.e., like a spindle, rounded, Services) completed a review of the November 17, 2000). These remnant broadest in the middle and tapering at species’ status in 1995 (USFWS and populations are located in the Dennys, each end). The shape is somewhat NMFS, 1999). The Services concluded East Machias, Machias, Pleasant, flattened towards the sides and typical that the GOM DPS was likely to become Narraguagus, Ducktrap, and Sheepscot of salmonids in general. The head is endangered. Later in 1995, the Services rivers and in Cove Brook, Maine (65 FR relatively small, comprising published a proposed rule to list a GOM 69459; November 17, 2000). Salmon approximately one-fifth of body length. DPS of Atlantic salmon in seven Maine from the GOM DPS taken for hatchery Ventral paired fins are prominent, rivers as threatened (60 FR 50530; Sept. rearing and broodstock purposes, and especially on juveniles. 29, 1995). In that proposed rule, the any captive progeny of these salmon, are Parr (juvenile salmon before they State of Maine was invited to prepare a included as part of the GOM DPS. In the enter salt water) have eight to eleven plan to eliminate, minimize, and final rule listing the Atlantic salmon vertical dark bars (known as ‘‘parr mitigate threats to Atlantic salmon and GOM DPS (65 FR 69459), the Services marks’’) on silvery sides. After their habitat. On December 18, 1997, the deferred the determination of inclusion smoltification (the physiological process Services withdrew the proposed rule to of fish that inhabit the mainstem and that enables juvenile salmon to designate the Atlantic salmon GOM DPS tributaries of the Penobscot River (above transition from freshwater to salt water as threatened (62 FR 66325; Dec. 18, the site of the former Bangor Dam (65 and enter the sea), the typical silver 1997). The withdrawal was based on an FR 69459 at 69464; November 17, 2000)) coloration with small, dark dorsal spots evaluation of the information then and other rivers, which are outside the

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range of the GOM DPS. The deferred pertaining to the presence of Atlantic incorporated into any restoration effort. decision reflected the need for further salmon in the drainage; historic The petition asserts that the data analysis of scientific information, personal diaries; historic Maine statutes; collected from the assignment testing including a detailed genetic historic petitions to the Maine contradict the hypothesis that Kennebec characterization of the Penobscot legislature regarding Atlantic salmon salmon are simply strays from the population. fisheries; and more contemporary Penobscot or progeny of strays from the In response to the availability of new biological studies (Atkins, 1867; Ulrich, Penobscot. The petition also states that genetic data, the Services convened a 1990; Havey, 1968; Foye et al., 1969; ‘‘The assignment test results of King et Biological Review Team (BRT) to Beland, 1986; Buckley, 1998; King et al., al. (1999) show that the Kennebec conduct a review of that new 1999). The petition also cites collection is no less distinct than any information and to determine the status observations made by the National other Maine river collection studied of Atlantic salmon in the Penobscot Academy of Sciences (NAS) in 2004 that [and that] the Kennebec collection River, Kennebec River, and other rivers wild Atlantic salmon are recolonizing appears at least or more ‘‘distinct’’ as not currently included in the GOM DPS. the Kennebec mainstem. The NAS cites any other Maine collection studied The BRT, consisting of biologists from National Research Council (NRC, 2002) except for the Penobscot.’’ The petition the Maine Atlantic Salmon Commission, data and associated reports as the basis also cites a memo from T. King to J. the Penobscot Indian Nation, NMFS, for these conclusions. Marancik and Kings’ genetics data from and USFWS, prepared a written draft The second area of information 1999 and 2000 as support for its status review report for the Services. presented in the petition to support the assertion that there is a stable The information presented in the petitioners’ request is the persistence of reproducing population in the Kennebec petition, along with all other relevant other native migratory fish species in that is not simply representative of scientific data, was examined by the the Kennebec River. The petition strays from the Penobscot. The petition BRT in its preparation of a status review specifically discusses Atlantic sturgeon, asserts that if the Kennebec collection report. We announced the availability of sea lamprey, shortnose sturgeon, striped was comprised solely of Penobscot the completed status review report on bass, white perch, American shad, strays or their offspring, then it is likely September 22, 2006 (71 FR 55431), after rainbow smelt, tomcod, alewives, and that fish in the Kennebec would be the draft status review report had been blueback herring. The petition asserts genetically indistinguishable from peer reviewed and peer review that the Kennebec River population of Penobscot strays. comments had been addressed. anadromous Atlantic salmon must have A status review report is an persisted if these native anadromous Assessment of Petition evaluation of the available information fish species have been able to persist The primary request of the petitioners about the biological vulnerability of a over time while being subjected to the appears to be that Atlantic salmon in the species, subspecies, or DPS. Information same environmental pressures as native Kennebec River warrant protection considered during a status review Atlantic salmon. With respect to dams, under the ESA. We interpret the petition includes demographic information such the petition cites studies by Yoder et al. to request listing the Kennebec River as abundance, reproductive success, age (2004) and Squiers (1988) that population of anadromous Atlantic structure, and distribution. A status demonstrate that other native migratory salmon as part of the existing GOM DPS, review report considers both historical fish populations have persisted despite previously listed as endangered under and recent trends in these parameters, to manmade obstructions to passage. The the ESA. The petition includes scientific the extent that this information is petition asserts that it is highly unlikely data, primarily genetic analysis available. The status review report must that Atlantic salmon populations would regarding the Kennebec River also evaluate the current and potential be completely extirpated as a result of population, that has become available threats facing the species and ongoing dams when other fish species have been since the 1999 status review and efforts to protect the species, subspecies, able to persist. The same rationale is subsequent listing determination for the or DPS. presented as support for the persistence GOM DPS in 2000. Further, the of Atlantic salmon in the Kennebec petitioners provide information that the The Petition River with respect to other threats such Kennebec River population may be part The petition requested that the as degraded water quality. of the existing GOM DPS. We Services protect the Kennebec River Genetic analysis used to characterize specifically consider the genetic population of anadromous Atlantic Atlantic salmon in the Kennebec River analysis presented in the petition to salmon under the ESA. Although we is the third area for which the petition represent substantial scientific have already conducted a status review presents information to support the information. After reviewing the of this and other populations (71 FR assertion that the Kennebec River information contained in the petition, as 55431; September 22, 2006), the ESA population of anadromous Atlantic well as other scientific information requires that we respond to a petition by salmon should be listed under the ESA readily available to us, we have publishing a Federal Register notice as endangered. The petition presents determined that the petition presents with our finding on the petition. information from the NRC report on the substantial scientific information The Services examined the genetic status of Maine’s salmon. The indicating that the petitioned action information contained in the petition as NRC report presents results of genetic may be warranted. well as other genetic data readily assignment tests that were performed on As stated previously, the status available to the Services. This petition Atlantic salmon from different Maine review report prepared by the BRT presents historic information to support drainages. The petition asserts that these examined the information contained in its contention that anadromous Atlantic data show that the salmon populations the petition, along with all other salmon have persisted in the Kennebec of the Kennebec drainage are more relevant scientific data. We made this River since the 18th century. The distinct than are those of the current status review report available to the information presented includes, but is GOM DPS rivers. Therefore, the petition public on September 22, 2006 (71 FR not limited to, historical newspaper interprets the NRC report to suggest that 55431). The Services jointly administer reports; summaries collected by there is a remnant population of wild the ESA as it applies to anadromous historians on anecdotal reports salmon in the Kennebec that should be Atlantic salmon. NMFS, having received

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the status review from the BRT, is to the peer reviewers to determine if Dated: November 7, 2006. responsible for determining and action under the ESA is warranted. Samuel D. Rauch III, preparing any appropriate action under Authority Deputy Assistant Administrator for the ESA. NMFS is currently considering Regulatory Programs, National Marine the information presented in the status The authority for this action is the Fisheries Service. review, the comments from peer ESA, as amended (16 U.S.C. 1531 et [FR Doc. E6–19194 Filed 11–13–06; 8:45 am] reviewers, and the response of the BRT seq.). BILLING CODE 3510–22–S

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