[Federal Register Volume 59, Number 2 (Tuesday, January 4, 1994)]
[Rules and Regulations]
[Pages 440-450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 93-31089]
[[Page Unknown]]
[Federal Register: January 4, 1994]
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Part III
Department of Commerce
_______________________________________________________________________
National Oceanic and Atmospheric Administration
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50 CFR Parts 222 and 227
Endangered and Threatened Species; Status of Sacramento River Winter-
run Chinook Salmon; Final Rule
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 222 and 227
[Docket No. 930779-3330; I.D. 051192B]
Endangered and Threatened Species; Status of Sacramento River
Winter-run Chinook Salmon
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS has determined that the Sacramento River winter-run
chinook salmon should be reclassified from threatened to endangered
under the Endangered Species Act of 1973 (ESA). NMFS has determined
that the current biological status of the species is endangered based
on the continued decline and increased variability of run sizes since
its first listing as a threatened species in 1989, the expectation of
weak returns in certain years as the result of two small year classes
(1991 and 1993), and continuing threats to the population. Although
measures implemented through consultations conducted under section 7 of
the ESA and State and Federal regulatory actions are designed to reduce
adverse impacts on the species, quantifiable improvements in population
levels are not likely to be evident for several years. NMFS will
continue to closely monitor the status of this population, and evaluate
the protective measures to determine whether there is evidence that
these measures have reduced or eliminated threats to the species and
whether a change in status may be warranted.
EFFECTIVE DATES: February 3, 1994.
FOR FURTHER INFORMATION CONTACT: James H. Lecky, NMFS, Southwest
Region, Protected Species Management Division, 501 W. Ocean Blvd.,
suite 4200, Long Beach, CA, 90802-4213, (310) 980-4015, or Margaret
Lorenz, NMFS, Office of Protected Resources, 1335 East-West Highway,
Silver Spring, MD 20910, (301) 713-2322.
SUPPLEMENTARY INFORMATION:
Background
Under the ESA and its implementing regulations (50 CFR part 424),
an ``endangered species'' is any species that is in danger of
extinction throughout all or a significant portion of its range. A
``threatened species'' is any species that is likely to become an
endangered species within the foreseeable future throughout all or a
significant portion of its range. Based on a review of the status of
the Sacramento River winter-run chinook salmon and the factors
affecting the species, NMFS has determined that it is endangered.
The Sacramento River winter-run chinook salmon is a unique
population that is distinguishable from other chinook salmon runs in
the Sacramento River based on the timing of its upstream migration and
spawning period. For the most part, the winter-run chinook salmon
population is comprised of three year classes, each of which primarily
returns to spawn as 3-year old fish.
The best available data on winter-run chinook salmon abundance are
the annual estimates of the spawning run size made by the California
Department of Fish and Game (CDFG) based on counts of fish passing the
Red Bluff Diversion Dam. The CDFG began estimating the annual run size
for winter-run chinook salmon in 1967 after the Dam was placed in
operation. This time series of annual run size estimates has documented
a precipitous decline in the winter-run chinook salmon to its present
low level (Table 1).
Table 1.--Annual Estimated Run Size at Red Bluff Diversion Dam
------------------------------------------------------------------------
Year Number of Fish
------------------------------------------------------------------------
1967.................................................... 57,306
1968.................................................... 84,414
1969.................................................... 117,808
1970.................................................... 40,409
1971.................................................... 53,089
1972.................................................... 37,133
1973.................................................... 24,079
1974.................................................... 21,897
1975.................................................... 23,430
1976.................................................... 35,096
1977.................................................... 17,214
1978.................................................... 24,862
1979.................................................... 2,364
1980.................................................... 1,156
1981.................................................... 20,041
1982.................................................... 1,242
1983.................................................... 1,831
1984.................................................... 2,663
1985.................................................... 3,962
1986.................................................... 2,422
1987.................................................... 2,236
1988.................................................... 2,085
1989.................................................... 547
1990.................................................... 441
1991.................................................... 191
1992.................................................... 1,180
1993.................................................... 341
------------------------------------------------------------------------
In 1989, the CDFG estimated that the winter-run chinook salmon run
size was only 547 fish. This unexpectedly small return represented
nearly a 75 percent decline from the consistent, but low, run size of
2,000 to 3,000 fish that had occurred since 1982. As a result of this
unexpected decline, NMFS issued an emergency interim rule listing the
winter-run chinook salmon as threatened under the ESA on August 4, 1989
(54 FR 32085). During the period the emergency interim rule was in
effect, NMFS published a proposed rule to list winter-run chinook
salmon as threatened under the formal listing procedures of the ESA on
March 20, 1990 (55 FR 10260). To avoid a hiatus in protection of the
species until the formal listing process was completed, NMFS published
a second emergency interim rule listing winter-run chinook salmon as
threatened on April 2, 1990 (55 FR 12191). On November 5, 1990, NMFS
completed the formal listing process and published a final rule (55 FR
46515) listing the species as threatened under the ESA.
On June 5, 1991, the American Fisheries Society petitioned NMFS to
reclassify winter-run chinook salmon as an endangered species. At the
time the petition was submitted, the best preliminary data available
indicated that the 1991 run would consist of a return of only 88 to 200
adults from the progeny of the 1988 run of 2,085 fish. The final run
size estimate made by the CDFG for 1991 was 191 fish (Table 1). NMFS
reviewed the petition and determined that it contained substantial
information indicating that the petitioned action might be warranted.
On November 7, 1991, NMFS announced (56 FR 58986) its intention to
review the status of the species to determine whether reclassification
was appropriate. After conducting a status review, NMFS published a
proposed rule (57 FR 27416) on June 19, 1992, to reclassify winter-run
chinook salmon as endangered.
NMFS published a subsequent Federal Register notice (58 FR 31688)
on June 4, 1993, delaying the issuance of a final determination on the
reclassification for up to six months pursuant to section 4(b)(6)(B) of
the ESA. On September 10, 1993, NMFS published another Federal Register
notice that provided information on the 1993 run size estimate (341
fish) and reopened the public comment period on the proposed rule.
This determination does not change any of the prohibitions against
taking Sacramento River winter-run chinook salmon. Section 9 of the ESA
prohibits taking endangered species. The regulations issued when this
species was listed as threatened in November 1990 also prohibit taking.
In a separate rulemaking, the U.S. Fish and Wildlife Service (FWS),
which is responsible for the List of Endangered and Threatened
Wildlife, will revise the list to reflect the reclassification of this
species from threatened to endangered.
Current Status
Conservation measures were implemented by the Bureau of Reclamation
(Bureau) beginning in 1986-1987 in an effort to improve adult passage
conditions for winter-run chinook salmon at Red Bluff Diversion Dam and
to provide suitable spawning and egg incubation conditions for the
species in the upper Sacramento River below Keswick Dam. Despite the
implementation of measures in 1986-1987 and 1987-1988, the winter-run
chinook salmon run size declined to 441 fish in 1990 and to 191 fish in
1991. The estimated 1991 run size of 191 fish was primarily the result
of surviving progeny from the 1988 spawning population of 2,085 fish.
Thus, the 1991 spawning escapement represented nearly a 90 percent
decline in a single generation, and suggested that the 1988 year class
was nearly a total failure (57 FR 27416).
In 1992, the CDFG estimated that the winter-run chinook salmon run
size increased to 1,180 fish. This run size was substantially higher
than the runs estimated in 1989 (547 fish), 1990 (441 fish), and 1991
(191 fish), and it represented more than a 100 percent increase in the
spawning population in a single successive generation since the 1992
run was comprised primarily of the surviving progeny from the 1989 run.
In 1989, the Bureau implemented conservation measures to manage upper
Sacramento River water temperatures and provide improved fish passage
at the Red Bluff. As a result of these actions, temperature conditions
were much improved with favorable water temperatures occurring from
Keswick Dam to Bend Bridge (44 miles downstream) during almost the
entire spawning and egg incubation period. Spawning ground surveys in
1989 also indicated that nearly 100 percent of the estimated run
spawned in this 44-mile river reach where water temperature was
favorable. As a result of these factors, temperature-related mortality
was minimal in 1989. The substantial increase in the 1992 run size
suggests that the measures implemented to protect winter-run chinook
salmon in 1989 were effective, and that similar or more protective
measures may be successful in the future.
In 1993, the CDFG estimated the winter-run chinook salmon run size
to be 341 fish. This represented nearly a 30 percent decline of the run
size in one generation. NMFS had anticipated that the run size would
likely decline in 1993 because the 1990 spawning population (441 fish)
experienced less favorable water temperature conditions during spawning
and egg incubation, and more of the run spawned downstream from the
river reach where temperatures could be suitably managed by the Bureau.
In 1990, as a result of continued drought conditions and high ambient
temperatures, favorable water temperatures for spawning and egg
incubation were present only from Keswick Dam to the Balls Ferry Bridge
(26 miles downstream) during a portion of the egg incubation period. In
addition, spawning distribution surveys indicated that nearly 10
percent of the run spawned downstream from Balls Ferry where
temperatures were not favorable. Therefore, temperature-related
mortality was substantially higher in 1990 than in 1989. In addition to
less favorable temperature conditions, it is possible that conditions
for outmigrants were less than favorable, and that ocean survival of
the 1990 year class was reduced by the El Nino event that began in
1991-92.
Since the winter-run chinook salmon was formally listed as
threatened in November 1990 (55 FR 46515), the species run size has
continued to decline, with the exception of 1992, and exhibit
considerable variability (Table 1). Although some protective measures
were implemented beginning in 1987, this decline was exacerbated by the
6-year drought in California (1987-1992). Based on the run size
estimates for the last 3 years (1991-1993), the population now has two
weak year classes (1991 and 1993). NMFS expects that the 1994 run will
also be weak because of the weak 1991 year class (191 fish) and the
less than favorable conditions for spawning, egg incubation, and
juvenile outmigration that occurred in 1991-92. Because of the small
run in 1991 and the weak return expected in 1994, this year class is
likely to remain weakened for some time.
As part of the status review, extinction probabilities were
estimated for the winter-run chinook salmon population using
modifications of the model described by Dennis, Munholland, and Scott
(1991), and the 3-year geometric moving average of the annual estimated
run size for the periods of 1967-1993 and 1979 1993, respectively.
Results of the analysis indicate that if past trends continue, the
population faces a high probability of dropping below 100 spawners per
year at least once over the next 10 years, and to even lower levels
over the 50 and 100 year time horizons.
The extinction modeling results suggest that the risk of the
winter-run chinook salmon population dropping to unacceptably low
levels is high. However, this type of analysis is based only on
historical trends in the population (1967-1993) and assumes that past
conditions will continue in the future. Although the 1994 run is
expected to be weak, NMFS believes that conditions for winter-run
chinook salmon were substantially improved in 1992 and 1993 because of
long-term protective measures implemented to reduce impacts of Central
Valley and State Water Project operations and improve conditions for
successful egg incubation, rearing, and outmigration, and the end of
the drought. In addition to these protective measures, the FWS has been
supplementing the natural production of juveniles with substantial
numbers of hatchery produced fish. If these protective measures and
supplementation efforts prove to be effective, run sizes in 1995 and
1996 will likely increase. For these reasons, the probability of the
population declining to low levels is probably less than suggested by
the extinction modeling analysis. However, because the effectiveness of
these recently implemented protective measures and supplementation
efforts is unknown and cannot be assessed until future runs return,
there remains substantial risk that the population is in danger of
extinction.
Summary of Comments
The World Wildlife Fund supported the reclassification and also
encouraged NMFS to develop and implement a recovery plan for the
conservation of Sacramento River winter-run chinook salmon. The
Department of the Interior (Interior) also supported the
reclassification of winter-run chinook salmon, and said the population
remained at depressed levels and may be in danger of extinction after
the next two runs. However, Interior noted that the 1989 year class
survived particularly well and that the resulting 1992 run size of
1,180 adults represented more than a 100 percent increase in size in a
single successive generation. Interior also acknowledged that the 1992
increase in run size may indicate that measures taken to protect the
population in recent years may be effective. Interior also provided
technical comments to clarify and update facts contained in the
proposed rule.
The Westlands Water District, the Family Water Alliance, and the
Glenn County Board of Supervisors all opposed reclassifying winter-run
chinook salmon because of protective measures that have been recently
implemented. They said that the threatened status should be retained
until the effectiveness of these measures has been assessed.
Response to Comments
NMFS agrees with the World Wildlife Fund that development and
implementation of a recovery plan is essential for the conservation and
recovery of winter-run chinook salmon. For this reason, NMFS has
appointed a National Sacramento River winter-run chinook salmon
recovery team, comprised of fishery resource mangers, experts on
winter-run chinook salmon biology, and conservation biology
specialists, to develop a recovery plan. The recovery team has been
meeting since September 1992 and will submit a draft recovery plan to
NMFS in 1994. Interior's technical comments were incorporated where
appropriate.
NMFS disagrees with the comments of the Westlands Water District,
the Family Water Alliance, and the Glenn County Board of Supervisors
that current protective measures should be allowed to be in place for a
certain amount of time and their effectiveness evaluated before NMFS
determines whether reclassification is necessary. Although measures
have been implemented to reduce adverse impacts on winter-run chinook
salmon, and NMFS believes they are likely to be effective, their
effectiveness is currently unknown and cannot be evaluated until data
on future returns are available.
One of the factors to be considered in listing, delisting and
reclassifying a species is ``the inadequacy of existing regulatory
mechanisms.'' Judicial interpretation of this language allows NMFS to
also consider the ``adequacy'' of regulatory mechanisms in its listing
decisions. It is premature to determine the adequacy of these measures
for purposes of this reclassification. Most measures will not
demonstrate positive results until the 1996 return of adult winter-run
chinook salmon. NMFS must determine whether reclassification is
justified on the basis of the current status of the population and the
factors affecting its continued existence.
Summary of Factors Affecting the Species
Section 4(a)(1) of the ESA specifies five criteria to be evaluated
in reviewing the status of a species or population proposed for listing
or reclassification. The following discussion is in addition to the
evaluation of these factors in the proposed rulemaking to reclassify
winter-run chinook salmon as an endangered species (57 FR 27416, June
19, 1992), the first Notice of Determination (52 FR 6041, February 27,
1987), a subsequent Notice of Determination (53 FR 49722, December 19,
1987), two emergency rules (54 FR 32088, August 4, 1989 and 55 FR
12193, April 2, 1990), the proposed rule to list winter-run chinook
salmon as threatened (55 FR 10260, March 20, 1990), and the final rule
listing the species as threatened (55 FR 46515, November 5, 1990).
1. The Present or Threatened Destruction, Modification, or Curtailment
of its Habitat or Range
Modification and loss of spawning and rearing habitat have been
major factors contributing to the decline of the winter-run chinook
salmon.
Shasta and Keswick Dams
On February 12, 1993, NMFS issued a biological opinion and
incidental take statement to the Bureau of Reclamation which concluded
that long-term operations of the Federal Central Valley Project and the
State Water Project would jeopardize the continued existence of winter-
run chinook salmon. The opinion identifies a reasonable and prudent
alternative with measures designed to protect winter-run chinook salmon
from the long-term operations of Shasta and Keswick Dams, as well as
other facilities of the Central Valley Project. Implementation of these
measures is expected to substantially improve water temperature and
flow conditions in the upper Sacramento River for winter-run chinook
salmon spawning, incubation, and rearing. The specific measures
contained in the reasonable and prudent alternative that relate to
Shasta and Keswick Dams require the Bureau to (1) use a more
conservative forecasting approach to determine the annual allocation of
deliverable water stored in Shasta Reservoir, (2) maintain a minimum
end-of-water-year carryover storage in Shasta Reservoir (1.9 million
acre-feet) for most water year types, (3) maintain daily average water
temperatures in the winter-run chinook salmon spawning grounds below
Keswick Dam at no more than 56 degrees Fahrenheit from April 15 through
August 31 and at no more than 60 degrees Fahrenheit from October 1
through October 31, (4) maintain a minimum flow of 3,250 cubic feet per
second (cfs) from Keswick Dam from October 1 through March 31, and (5)
reduce releases from Keswick Dam according to specific criteria from
July 1 through March 31. The reasonable and prudent alternative
identified specific temperature control points in the upper Sacramento
River for various operating scenarios based on the water year type and
reservoir storage conditions at the start of the water year.
Based on forecasted water supplies and reservoir storage conditions
in February and March 1993, the Bureau met the reasonable and prudent
alternative requirement to maintain water temperatures at or below 56
degrees Fahrenheit throughout the entire winter-run chinook salmon
spawning and incubation season from Keswick Dam to Bend Bridge. The
CDFG conducted numerous aerial surveys of redd (nests) counts during
the winter-run chinook spawning period and observed an unusually large
number of redds (in proportion to the estimated run size) due to
excellent viewing conditions in the river. Based on these surveys,
virtually all redds were observed in the vicinity of Redding well
upstream from Ball's Ferry. Two redds were observed between Ball's
Ferry and the Bend Bridge temperature control point, and only a single
redd was observed below Bend Bridge (immediately downstream from the
Red Bluff Diversion Dam). As a result of the temperature control
maintained by the Bureau and the distribution of spawners in the river,
the incremental impact of temperature on winter-run chinook salmon egg
and juvenile survival was minimal in 1993. In addition to providing
temperature control during the 1993 spawning, incubation, and rearing
season, the Bureau's operations in 1993 resulted in an end-of-water-
year Shasta Reservoir storage (in excess of 3.0 million acre-feet) that
far exceeded the requirements of the reasonable and prudent
alternative.
The incidental take statement issued with the February 1993, long-
term CVP biological opinion also contains specific measures that must
be implemented to minimize the effects of Shasta and Keswick Dam
operations on winter-run chinook salmon incidental take. These measures
include (1) the continuation and expansion of temperature monitoring in
the upper Sacramento River to ensure compliance with the temperature
criteria, (2) NMFS review of the Bureau's proposed water allocation
plans before delivery commitments are made each year to determine their
potential effects on upper river water temperatures, and (3) monitoring
in the upper river when Keswick Dam releases are reduced to prevent the
stranding of juvenile winter-run chinook salmon. These measures were
implemented by the Bureau as required by the incidental take statement.
Spawning habitat utilized by winter-run chinook salmon in the
Sacramento River has also been degraded by decreases in the rate of
replenishment for gravel suitable for spawning (NMFS 1992c). In 1990,
the California Department of Water Resources placed 100,000 cubic yards
of spawning gravel in the upper Sacramento River between Salt Creek and
Clear Creek to restore degraded spawning riffles in areas of the river
used by winter-run chinook salmon. The FWS has been evaluating these
gravel restoration efforts and issued progress reports in 1992 and
1993. Thus far, the majority of the gravel remains where it was
originally placed because flows have not reached rates great enough to
disperse it in the upper river. Studies by the FWS are expected to
continue through at least 1993 with a final report on the program
expected in 1994.
Adult winter-run chinook salmon can also be adversely impacted by
operation of the Keswick Dam stilling basin. Overflow of water from the
stilling basin during operation of the spillway attracts upstream
migrating adult salmon into the basin at the base of the Dam where they
become trapped. The CDFG and FWS have conducted fish rescue operations
at the stilling basin and removed hundreds of trapped salmon. Until the
facility is structurally modified to allow fish free passage back to
the river, it is likely that some adult winter-run chinook salmon will
be lost. To remedy this long-standing problem, the incidental take
statement issued with NMFS' February 12, 1993, biological opinion
requires the Bureau to structurally modify the stilling basin by no
later than December 31, 1993, so that adult winter-run chinook salmon
will be able to freely pass from the basin back into the Sacramento
River. NMFS and the Bureau have been meeting to discuss and evaluate
alternative methods of correcting the problems with the stilling basin.
Red Bluff Diversion Dam
Another serious habitat concern for winter-run chinook salmon is
the impediment to adult upstream migration caused by the Bureau's
operation of this dam on the Sacramento River. Operation of the dam and
the associated Tehama-Colusa Canal also adversely impacts juvenile
winter-run chinook salmon migrating downstream past the facility.
Impacts of the dam and its operations are discussed in the February 12,
1993, biological opinion addressing long-term operations of the Central
Valley and State Water Projects.
The 1993 biological opinion also includes specific measures to
minimize the impact of gate operations at Red Bluff Diversion Dam on
both the upstream passage of adult winter-run chinook salmon and the
downstream passage of juveniles. These measures require the Bureau to
maintain the dam gates in the raised position at least through April
30, 1993, and from November 1, 1993, through at least April 30, 1994.
After the Bureau's proposed pilot pumping project is operational in
1994, the Bureau must raise the dam gates from September 15 through at
least May 14 in all subsequent years. Operation of dam gates in
accordance with this schedule is expected to provide unimpeded access
to upper river spawning habitat for most migrating adults and
substantially reduce losses of downstream migrating juveniles due to
predation. The Bureau maintained the dam gates in the raised position
through April 30, 1993. In a effort to provide additional protection
for outmigrating juveniles in 1993, the Bureau raised the dam gates in
mid-October rather than on November 1 as required by the reasonable and
prudent alternative.
Operation of the Tehama-Colusa Canal water diversion facilities
associated with Red Bluff Diversion Dam before 1990 also adversely
affected juvenile winter-run chinook salmon during their outmigration.
To improve operation of the dam and canal and to reduce impacts to
juvenile salmonids, including winter-run chinook salmon, the Bureau
installed ``state-of-the-art'' drum screens and a bypass system at the
canal headworks in 1990. Studies conducted to date indicate that the
entrainment problem has been greatly diminished by the new screens. FWS
is expected to publish a report in 1993 summarizing the results of
monitoring and evaluation studies conducted in 1992. Additional
studies, including monitoring of entrainment and an evaluation of
mortality associated with the bypass system is anticipated in 1993. The
February 1993 biological opinion for long-term CVP operations requires
the Bureau to develop and implement a program to evaluate the fish
bypass facilities, and correct any identified problems. This evaluation
has not been completed.
The Bureau, in conjunction with Federal and state fishery agencies,
has been evaluating various alternatives to the existing facilities at
Red Bluff Diversion Dam. The Bureau published an appraisal report in
1992 that identified and analyzed several alternatives for improving
fish passage at the dam. Among the four most reasonable alternatives
identified in the appraisal report, two involve installation of a new
pumping plant based on the Archimedes screw design. The Bureau has
postponed final selection of a preferred alternative until experimental
data are collected and analyzed from a pilot pumping plant that will be
constructed downstream from the dam in 1994.
The pilot pumping plant that the Bureau has proposed to install at
the dam will consist of three large pumps to be located on the west
bank of the Sacramento River immediately downstream from the dam. Two
of the pumps will be closed Archimedes pumps and the third will be a
helical style pump, with each having approximately a 100 cfs capacity.
This pilot program is intended to evaluate the pump design and
operation, and to allow the Bureau to meet irrigation demands in the
Tehama-Colusa Canal service area while maintaining the dam gates in the
raised position. NMFS conducted an ESA section 7 consultation with the
Bureau on the pilot pumping project and issued a biological opinion and
incidental take statement in February 1993 which requires the Bureau to
conduct an extensive monitoring program to evaluate the effects of fish
passage by the pumps and assess the level of taking. Consultation was
reinitiated in June 1993 to address modifications in the design,
construction, and operations of the pumping facility that would delay
eventual operation from October 1993 to December 1994.
Pollution
Pollution in the Sacramento River has also degraded winter-run
chinook salmon spawning and rearing habitat. In particular, NMFS is
concerned about the effects on adult and juvenile winter-run chinook
salmon from runoff entering the upper Sacramento River that is
contaminated by heavy metals leached from inactive mining sites at Iron
Mountain Mine (IMM). Heavy metal concentrations from this runoff can
reach levels that are lethal to winter-run chinook salmon eggs and
juveniles. Metal-laden runoff that flows from IMM into the Spring Creek
drainage is impounded behind the Spring Creek Debris Dam operated by
the Bureau. The Bureau generally operates this dam to control the
release of contaminated Spring Creek flow in conjunction with dilution
releases from Shasta and Whiskeytown Reservoirs. The Bureau is expected
to continue controlling releases from Spring Creek Debris Dam in this
manner until source control and/or cleanup can be achieved.
The Environmental Protection Agency (EPA) has placed IMM on the
Superfund Priority List, and the State of California and EPA are
continuing to evaluate options for the long-term control of
contaminants originating from the IMM complex. Based on an memorandum
of Agreement between the Bureau and EPA, the Bureau will develop a plan
to enlarge Spring Creek Debris Dam to provide additional storage for
IMM effluent. EPA also issued a Record of Decision on September 30,
1992, identifying an interim remedial action plan to clean up hazardous
substances in the Boulder Creek Operable Unit at the IMM site. The
remedial action involves the collection and treatment of acid mine
drainage discharges from the Richmond and Lawson portals at IMM, and
the excavation and capping of existing waste piles that are eroding and
discharging into Boulder Creek and subsequently Spring Creek and the
upper Sacramento River. The Richmond and Lawson portals are the two
largest sources of hazardous materials at the IMM site and represent
the sources for nearly 40 percent of the copper and 80 percent of the
cadmium and zinc leached from IMM and discharged into tributaries
leading to the Sacramento River. In addition to these activities, the
EPA is moving forward with plans to study several remaining sources of
contamination at IMM and identify appropriate remedial actions.
The 1993 biological opinion to the Bureau also addressed
contamination from IMM. The opinion's incidental take statement
requires the Bureau to operate Spring Creek Debris Dam and Shasta Dam
so as to minimize the chronic exposure of adult and juvenile winter-run
chinook salmon to heavy metal concentrations and eliminate the
potential scouring of metal laden sediments from Keswick Reservoir.
NMFS has previously expressed concern that outmigrating juvenile
winter-run chinook salmon may be adversely impacted by the disposal of
contaminated dredge sediments at disposal sites located in the San
Francisco Bay area. The residence time for outmigrating winter-run
chinook salmon through the Bay is thought to range from 1 week to more
than 2 months depending on the water year type. Prey organisms utilized
by juvenile winter-run chinook salmon may bioaccumulate contaminants
originating from in-bay disposal of contaminated dredge sediments,
thereby exposing juveniles to these contaminants as they forage and
migrate through the Bay.
Although NMFS continues to be concerned about the potential effects
of in-bay disposal, the Corps has taken recent action to ensure that
in-bay disposal of contaminated materials does not occur. In June 1992,
the Corps, EPA, the Regional Water Quality Control Board, and the San
Francisco Bay Conservation and Development Commission published
proposed interim testing guidelines for dredged sediments that would be
disposed of at in-bay sites. On February 1, 1993, the Corps formally
adopted these guidelines in Public Notice 93-2. These interim testing
guidelines are designed to ensure that sufficient information is
available to characterize sediments to be dredged for all projects so
that disposal does not result in chemical or biological degradation of
the disposal site. These guidelines are intended to apply to all open
water disposal projects until a long-term plan for managing dredged
sediments in the San Francisco Bay area is developed and implemented.
Although the interim testing guidelines adopted by the Corps
represent an important short-term action aimed at preventing the in-bay
disposal of contaminated sediments, NMFS believes it is essential that
a long-term strategy be developed and implemented for San Francisco Bay
area dredging and disposal activities. To meet this need, the Corps and
several other Federal, state and local agencies, including NMFS, are
developing a Long-Term Management Strategy (LTMS) for managing dredging
and disposal activities. The LTMS is designed to provide appropriate
dredged material disposal alternatives for a 50-year planning horizon
through the designation of ocean, in-bay, and upland disposal sites and
the identification of beneficial reuse options. Implementation of the
LTMS management programs is anticipated to begin in August 1994.
Bank Stabilization
Bank stabilization projects in the Sacramento River are believed to
adversely affect winter-run chinook salmon rearing habitat. The Corp of
Engineers has developed the Sacramento River Bank Protection Project as
a long-range program for construction of bank erosion control works. On
October 28, 1991, NMFS issued a biological opinion to the Corps that
concluded Phase II of the project was not likely to jeopardize the
continued existence of winter-run chinook salmon. However, the
incidental take statement issued with the opinion requires the Corps to
select the least damaging bank stabilization methods available and to
provide NMFS with detailed mitigation plans for each bank protection
project in Phase II that would adversely affect winter-run chinook
salmon habitat. Based on recent information developed by the FWS
concerning bank protection methods that minimize impacts and the
importance of protecting shaded riverine aquatic habitat, NMFS
requested the Corps to reinitiate consultation on Phase II of the
project in late 1992. The Corps is currently developing additional
environmental documentation for the remaining Phase II bank protection
projects, and NMFS anticipates that further consultation will be
initiated when that documentation is completed.
2. Overutilization for Commercial, Recreational, Scientific or
Educational Purposes
Commercial and Recreational Fishing
In 1991, NMFS consulted with the Pacific Fishery Management Council
(PFMC) pursuant to section 7 of the ESA to evaluate the potential
effects of the proposed Pacific Ocean Salmon Fishery Management Plan
(FMP) on winter-run chinook salmon. A biological opinion was issued to
the PFMC on March 1, 1991, that concluded management of the salmon
fishery under the Pacific Ocean Salmon FMP was not likely to jeopardize
the continued existence of winter-run chinook salmon. An incidental
take statement was also issued with the opinion that authorized a
limited incidental take of winter-run chinook salmon by the ocean
fishery (NMFS 1991b). NMFS has also consulted with the Council
concerning implementation of Amendment 4 to the Pacific Coast
Groundfish FMP. The opinion issued by NMFS concluded that
implementation of the FMP would not jeopardize the continued existence
of winter-run chinook salmon as a result of incidental bycatch of
salmon in the fishery. NMFS will continue to consult internally and
with the PFMC, as appropriate, to ensure that ocean salmon and other
fishery management actions do not jeopardize the continued existence of
winter-run chinook salmon.
Since 1987, the CDFG has implemented seasonal fishing closures in
the upper Sacramento River and monitored the recreational salmon catch.
In 1990, the California Fish and Game Commission adopted regulations
that prohibited the retention of salmon in the Sacramento River when
adult winter-run chinook salmon are present. This closure has virtually
eliminated the taking of winter-run chinook salmon by recreational
fishermen. NMFS will continue to coordinate with CDFG concerning in-
river fishing restrictions.
Scientific Studies
In 1991, NMFS issued an ESA section 10 scientific research permit
to the FWS to conduct several scientific research studies on Sacramento
River winter-run chinook salmon. The FWS's Northern Central Valley
Fishery Resource Office published a report in early 1993 summarizing
their 1992 activities under the permit. The results from the juvenile
monitoring program, the hatchery propagation program, and the
temperature tolerance experiments are expected to significantly
contribute to NMFS efforts to protect and recover winter-run chinook
salmon.
CDFG and FWS also conduct annual spawning distribution surveys of
winter-run chinook salmon in the upper Sacramento River and develop
estimates of the annual spawning run size based on counts of fish
passing the dam. CDFG conducts aerial surveys each year to count
winter-run chinook spawning redds and determine their distribution in
the upper River. The FWS also counts winter-run chinook salmon redds in
an index area in the vicinity of Redding.
In March 1993, NMFS modified the FWS's scientific research to
authorize the directed take and sacrifice of coded-wire tagged winter-
run chinook juveniles produced at Coleman National Fish Hatchery and
collected during monitoring studies in the Sacramento River, the Delta,
and at the State and Federal water export facilities in the southern
Delta. The purpose of the study was to determine growth rates of
juvenile winter-run chinook salmon produced at the hatchery and
released into the wild, and to help verify the size criteria developed
by CDFG to separate and identify juvenile chinook salmon by race.
Under the terms of the May 1988 Ten Point Restoration Plan for
winter-run chinook salmon, the FWS agreed to fund and implement a
winter-run chinook salmon propagation program at the hatchery. Prior to
1991, this program was unsuccessful. However, in 1991 the FWS was able
to successfully hold and spawn six female winter-run chinook salmon
despite the low numbers of fish available (only 22), and produce and
release about 11,000 juveniles into the Sacramento River near Redding,
California. In 1992, the winter-run chinook salmon spawning run size
was substantially higher (1,180 fish), more adults were collected for
broodstock use, and a total of approximately 28,000 juvenile winter-run
chinook salmon with tags were released into the upper Sacramento River
in late January 1993. The FWS continued this program in 1993 using
approximately 17 wild adults and is currently rearing in excess of
20,000 juveniles at the hatchery. The surviving juveniles will
eventually be tagged and released into the upper Sacramento. This
marking program is expected to provide information on the timing of
winter-run chinook salmon outmigration and growth. In addition, marked
fish that return to the upper Sacramento River to spawn in the future
will be easily distinguishable from wild fish, thereby allowing the FWS
to assess the effectiveness of this supplementation program and ensure
that hatchery produced adults are not mated with each other. The
marking program may also provide additional information concerning the
ocean harvest of winter-run chinook salmon. NMFS is currently
conducting a section 7 consultation with the FWS to address the long-
term effects of this propagation program, as well as a proposed captive
broodstock program, and other existing propagation programs at the
hatchery, on the wild winter-run chinook salmon population. NMFS
expects to conclude consultation and issue a biological opinion to the
FWS before the end of 1993.
In April 1992, FWS applied for a modification to its scientific
research permit in order to initiate a captive breeding program using
about 1,000 juveniles that remained from the hatchery propagation
effort in 1991. A primary objective of this program was to provide
insurance against extinction or loss of unique genetic variability
until the wild winter-run chinook salmon population began to recover.
The goal of the program is to produce about 200 mature broodstock for
each of three consecutive years beginning in 1994.
The FWS transferred approximately 750 of the juveniles produced
from adults captured during the 1991 spawning run to the University of
California's Bodega Marine Laboratory in September 1992 for extended
captive rearing. A small number of these juveniles (approximately 50)
were subsequently transferred to Steinhart Aquarium in San Francisco
during March 1993 for further rearing and display. Additional juveniles
produced from adults collected and spawned in 1992 were transferred
from the hatchery to Bodega Marine Laboratory for extended rearing in
February 1993. As of September 1993, the Bodega Marine Lab was rearing
approximately 425 fish from the 1991 broodyear and approximately 640
fish from the 1992 broodyear. A portion of the surviving adults
produced from the 1991 and 1992 broodyears may eventually be returned
to the hatchery for use as broodstock. However, these captively reared
adults will not be used in any matings nor can their progeny be
released into the wild until after NMFS and FWS have concluded the
ongoing section 7 consultation that is addressing the potential adverse
effects of the captive broodstock program on wild fish, and NMFS has
amended the FWS's existing ESA section 10 research and propagation
permit.
3. Disease or Predation
The magnitude and extent of predation on winter-run chinook salmon
in the Sacramento River and Sacramento-San Joaquin Delta are poorly
known. However, studies by the FWS have found that predation at Red
Bluff Diversion Dam, primarily by squawfish, significantly contributes
to the mortality of downstream winter-run chinook salmon migrants. The
FWS has undertaken periodic electrofishing below the dam which may be
useful in developing a relative squawfish abundance index. All of the
fisheries agencies believe that before squawfish control is possible,
more must be learned about their life history. In 1992, the FWS
conducted limited studies of predation at the fish bypass outfall as
part of its continuing evaluation of the dam and the new screens that
were installed in 1990.
NMFS has addressed this problem, in part, by requiring the Bureau,
through the 1993 biological opinion on long-term operations of the
Central Valley Project, to maintain the Red Bluff Diversion Dam gates
in the raised position during most of the outmigration period. This
action is expected to reduce substantially the adverse effects of
predation at the dam on juvenile winter-run chinook salmon.
The potential for high levels of predation on juvenile winter-run
chinook salmon also exist at the Glen-Colusa Irrigation District (GCID)
diversion facility and other manmade structures such as the California
Department of Water Resource's Suisun Marsh Salinity Control Structure
and Clifton Court Forebay in the southern Delta. Predation studies
conducted by the CDFG in forebay indicate that the pre-screening
mortality of marked salmonids, primarily due to predation by striped
bass, is approximately 75 percent. Squawfish and striped bass predation
has also been observed on juvenile salmonids released back into the
Sacramento River from salvage operations conducted by the CDFG at State
and Federal fish protection facilities in the lower Sacramento-San
Joaquin Delta.
The CDFG is conducting an extensive ongoing program to assess the
abundance of predators in the forebay, remove predators by means of
gill nets and other fishing gear, and investigate and evaluate all
factors that are thought to contribute to pre-screening losses of
juvenile salmonids. The February 1993 opinion on long-term operation of
the CVP indirectly address predation in the forebay by limiting the
combined incidental take of juvenile winter-run chinook salmon at the
State and Federal facilities to 1 percent of the annual estimated
juvenile production. In addition, implementation of specific measures
contained in the opinion's reasonable and prudent alternative, such as
closure of the Delta Cross Channel and reverse flow criteria in the
western Delta, is expected to limit the diversion of juvenile winter-
run chinook salmon from the Sacramento River and their subsequent
exposure to predation in the Delta and possibly Clifton Court Forebay.
The CDFG began a large-scale program of stocking hatchery-reared
striped bass in 1981 through the Striped Bass Stamp Program authorized
that year. Approximately 60,000 yearling bass were stocked that year,
and the program increased substantially in subsequent years. Beginning
in 1984, the program expanded to include several private hatcheries and
two state facilities. Between 1982 and 1990, the program raised and
planted nearly 3.0 million juvenile striped bass. Additionally,
privately reared yearling bass have purchased and stocked by the
State's Department of Water Resources and the Pacific Gas and Electric
Company as mitigation for fish losses at their facilities in the Delta.
Since 1984, the company has purchased and stocked over 2.5 million
juvenile bass, and the State has stocked almost 5.0 million juvenile
bass since 1988.
Several groups raised concerns in 1992 about the possible effects
of CDFG's striped bass enhancement and management program on winter-run
chinook salmon. NMFS reviewed CDFG's proposed enhancement program for
1992 and recommended several changes, as well as the implementation of
studies designed to assess the magnitude of striped bass predation on
winter-run chinook salmon. As a result of these and other concerns,
CDFG eventually decided to suspend the planting of hatchery-reared
striped bass in Delta waters in 1992. In June 1993, NMFS requested that
CDFG delay further release of hatchery fish as part of its striped bass
management program, and apply for an ESA section 10 incidental take
permit.
4. The Inadequacy of Existing Regulatory Mechanisms
In the final rule listing winter-run chinook salmon as threatened
(55 FR 46515, November 5, 1990), NMFS concluded that the existing
regulatory mechanisms at that time were not adequate to recover the
Sacramento River winter-run chinook salmon. In the proposed rule
reclassifying the species as endangered (57 FR 27416, June 19, 1992),
NMFS concluded that regulatory mechanisms might not have been
sufficient or applied effectively. NMFS believes that measures
currently being taken by Federal agencies pursuant to their ESA section
7 obligations will reduce adverse impacts on the species. However,
these measures do not necessarily provide for the recovery of the
species, but that the continued existence of the species is not likely
to be jeopardized. Further, the adequacy or inadequacy of these
measures cannot be determined until at least the 1996 return of adult
salmon.
In addition, NMFS believes that Title XXXIV of Public Law 102-575--
Central Valley Project Improvement Act--which was enacted by Congress
in late 1992 will also contribute to the restoration and recovery of
the winter-run chinook salmon. Although that Act is intended to
protect, restore, and enhance all fishery resources and habitats in the
Central Valley and Trinity River basins of California, the
implementation of several provisions will directly benefit winter-run
chinook salmon and aid in its recovery. Several of the provisions are
also expected to help implement actions that NMFS has identified as
necessary to avoid jeopardizing the continued existence of winter-run
chinook salmon and ensure its eventual recovery.
Provisions of the Act that have the most direct beneficial effect
on winter-run chinook salmon are those requiring:
(1) Dedication of 800,000 acre-feet of CVP water for fish,
wildlife, and habitat restoration purposes annually,
(2) Installation and operation of a temperature control device at
Shasta Dam and modifications of CVP operations to control water
temperatures in the upper Sacramento River,
(3) Development and implementation of measures at the Red Bluff
Diversion Dam to minimize fish passage problems,
(4) Expansion of the FWS's existing hatchery facility,
(5) Modification of the Keswick Dam fish trap and spillway to
prevent trapping of fish,
(6) Development and implementation of a continuing program to
restore and replenish lost spawning gravel in the upper Sacramento
River,
(7) Development and implementation of a program that provides for
modified operations or new and improved control structures at the Delta
Cross Channel and Georgiana Slough,
(8) Development and implementation of a program to resolve fish
passage and stranding problems associated with operation of the ACID
dam,
(9) Maintenance of minimum carryover storage in Sacramento and
Trinity River reservoirs,
(10) Design and construction, in conjunction with the State of
California and other Federal agencies, of a new fish protection
structure at the GCID pumping facility near Hamilton City, and
(11) Development and implementation, with the State of California,
of measures to avoid losses of juvenile fish resulting from unscreened
or poorly screened diversions.
EPA is expected to propose, in December 1993, regulations that
would set water quality standards for the San Francisco Bay/Sacramento-
San Joaquin Bay/Delta estuary. This is in response to EPA disapproving
many elements of a water quality control plan for salinity adopted in
May 1991 by the California State Water Resources Control Board. The
plan was disapproved because it failed to adequately protect the
estuarine habitat and its resources. NMFS is presently consulting with
EPA concerning the effects of the standards to be proposed on winter-
run chinook salmon and its critical habitat.
5. Other Natural or Manmade Factors Affecting the Continued Existence
of the Species
Unscreened Diversions and Entrainment
Juvenile winter-run chinook salmon are subject to entrainment by
large numbers of unscreened or inadequately screened diversions during
their outmigration to the Pacific Ocean. These diversions range from
small siphons diverting 20 cfs to the large export facilities operated
by the Bureau and Department of Water Resources in the southern Delta
that have the combined capacity of pumping approximately 12,000 cfs of
water daily. The magnitude of this impact is currently unknown.
Because of the potential impact from unscreened diversions, NMFS
published an Advanced Notice of Proposed Rulemaking (ANPR) on October
18, 1993, that stated NMFS is considering development of regulations
that would establish screening requirements for water diversions from
the Sacramento River and the Delta to protect juvenile winter-run
chinook salmon. The ANPR also requested specific information and
comments concerning the numbers, types, and sizes of diversions, the
magnitude of juvenile salmon losses at unscreened diversions, the
feasibility of installing positive-barrier fish screens to reduce
losses, the estimated costs of screening and available funding
mechanisms, and the availability of alternative management options for
reducing fish losses due to entrainment. NMFS will evaluate all
information and comments on the ANPR to determine whether to proceed
with the development of screening regulations.
In addition, the CDFG has begun an inventory of all existing water
diversions on the Sacramento River and in the Sacramento-San Joaquin
Delta to determine the number and size of unscreened diversions and
identify high priority facilities requiring screening. The Bureau, in
conjunction with the State, has also established a demonstration
screening program that is expected to be implemented in 1994. This
program was included as a measure to reduce taking of winter-run
chinook salmon in the incidental take statement that NMFS issued to the
Bureau with the February 12, 1993, biological opinion covering long-
term CVP operations. The program is intended to promote the advancement
of state-of-the-art positive barrier screening technology at small
(less than 40 cfs) unscreened diversions along the Sacramento River and
within Delta waterways.
Anderson Cottonwood Irrigation District
The Anderson Cottonwood Irrigation District (ACID) operates a
diversion dam and two diversion facilities on the upper Sacramento
River near Redding, California. The larger of the two diversions is
protected by a screen operated and maintained by the CDFG. Until July
1992, the smaller Bonneyview water diversion facility (65 cfs capacity)
was unscreened.
In May 1992 the ACID applied for a Corps of Engineers (Corps)
permit to install a screening structure at the Bonneyview facility, and
NMFS initiated section 7 consultation with the Corps to evaluate the
effects of installing and operating the structure on winter-run chinook
salmon. The ACID obtained a Corps permit and installed an impervious
barrier with screens that was operational by early July 1992.
Monitoring by CDFG in the irrigation canal behind the screening
structure in July and August 1992 demonstrated that the structure
effectively eliminated the entrainment of juvenile winter-run chinook
salmon and other species. Subsequent dive inspections of the screening
facility by the NMFS found that the cleaning mechanism was working
improperly. As a result, ACID personnel are now cleaning the screens
manually and are expected to work with NMFS and the screen manufacturer
to develop an alternative cleaning mechanism.
Glenn-Colusa Irrigation District
The GCID diversion facility located near Hamilton City, California,
is the single largest diverter of water on the Sacramento River with
the capacity to take up to 3,000 cfs daily. Inadequate fish screens at
the facility result in the entrainment and impingement of juvenile
salmon, including winter-run chinook salmon, that are dispersing in the
river system during the peak of the irrigation season. Since 1990, NMFS
has used the section 7 and section 10 provisions of ESA, together with
direct legal action, in an effort to remedy the adverse effects of GCID
water diversion operations on winter-run chinook salmon.
On August 16, 1991, the U.S. District Court in Sacramento,
California issued a temporary restraining order that required GCID not
to exceed a pumping rate of 1,100 cfs from August 19 to August 29,
1991. On January 9, 1992, the Court issued a permanent injunction that
completely enjoined GCID from diverting any water at the facility from
July 15 through November 30. The Court modified the permanent
injunction in April 1992 to allow GCID to operate under the terms and
conditions of a joint stipulation that was agreed to by GCID, the
Department of Justice, and the State of California. Under the terms and
conditions of the modified injunction, GCID was allowed to pump water
on a restricted basis in 1992 in exchange for its commitment to
implement a long-term solution to correct existing fish passage
problems at the facility.
Following completion of an ESA section 7 consultation and the
issuance of a biological opinion from NMFS on June 5, 1992, the Corps
issued a 1-year permit to GCID that authorized dredging and other
construction activities that were identified as terms and conditions in
the modified the permanent injunction. GCID completed construction of a
training wall, reconfiguration of the lower oxbow leading back into the
Sacramento River, and additional maintenance dredging near the screens
by mid-July 1992.
In September 1992, the Corps initiated consultation with NMFS
concerning a new GCID permit application to conduct maintenance
dredging and other activities at its facility over a 3-year period
(1993-95). On April 22, 1993, NMFS concluded consultation and issued a
jeopardy biological opinion and incidental take statement that limited
dredging in the upper oxbow, required maintenance of the training wall
and pilot cut through the lower oxbow, limited the permit duration to a
period of 1 year, and required GCID to pursue a long-term solution for
protecting winter-run chinook salmon and correcting passage problems at
the facility. Following issuance of the Corps permit, GCID conducted
maintenance dredging and other maintenance activities in accordance
with the requirements of the biological opinion, and subsequently began
pumping water on a restricted basis beginning on August 1, 1993.
The Department of Justice and GCID signed a new stipulated
agreement in June 1993 that allowed operations to continue in 1993.
This new agreement, in conjunction with the biological opinion that was
issued to the Corps, restricted pumping activities at the Hamilton City
facility, required various types of monitoring, and committed GCID to
ensure the implementation of long-term protective and conservation
measures for winter-run chinook salmon at its Hamilton City facility.
In 1992, GCID, the State of California, and the Corps began a joint
Federal and state environmental review process to evaluate several
long-term alternatives for correcting fish entrainment, impingement,
and passage problems at the GCID facility. The Bureau is now the lead
Federal agency responsible for preparing the environmental
documentation and constructing the selected long-term protective and
conservation measures due to the passage of the Central Valley
Improvement Act. The environmental review process has been delayed, but
is expected to be completed by mid-1994. NMFS will consult with the
Bureau to evaluate the effects of constructing and operating the
selected long-term protection alternative on winter-run chinook salmon.
Delta Export Facilities of the Central Valley Project and the State
Water Project
The Bureau and the California Department of Water Resources operate
facilities in the Sacramento-San Joaquin Delta to convey Sacramento
River water into and through the Delta and to export water out of the
Delta. These facilities include the Delta Cross Channel operated by the
Bureau, and water export and fish protection facilities operated by the
Bureau (Tracy Pumping Plant) and California Department of Water
Resources (Byron Pumping Plant). The operations of these and other
Central Valley and State water facilities, which are coordinated
through the Coordinated Operations Agreement between the Bureau and the
State, can adversely impact winter-run chinook salmon.
To address the potential adverse effects of gate operations on
juvenile winter-run chinook salmon survival in 1992, NMFS included a
reasonable and prudent alternative measure in the February 14, 1992,
biological opinion for 1992 CVP operations requiring the Bureau to
close the Delta Cross Channel from February 1 through May 1, 1992. This
action was expected to substantially reduce the diversion of juvenile
winter-run chinook salmon into the Delta from the Sacramento River,
especially with the extremely critical water supply and low export
pumping rates that were anticipated to occur in 1992. Operation of the
Federal and State export facilities in 1992 was not expected to
incidentally take more than a small percentage of the 1991 winter-run
chinook salmon outmigrant population.
However, based on monitoring at these facilities during February
and March 1992, NMFS determined that the taking of juveniles exceeded
the amount identified in the incidental take statement, and requested
consultation be reinitiated. After further consultation with the Bureau
and the State was completed, NMFS amended the incidental take statement
to restrict the combined daily water export rate from both facilities
to 1,200 cfs during the remainder of April 1992. The amended take
statement also required that consultation be reinitiated if the
incidental take of juveniles exceeded 400 fish during this period or
there was evidence to indicate that winter-run outmigration would
substantially continue beyond April 30, 1992, and required both the
Bureau and the State to support efforts to develop a more refined and
accurate method for determining the level of taking incidental to
pumping operations at the water export facilities.
Because the losses of juvenile fish at these facilities were higher
than expected in the spring of 1992, NMFS and the CDFG established a
Delta Salvage and Loss Working Group consisting of representatives from
NMFS, FWS, the California Departments of Fish and Game and Water
Resources, and the Bureau. The objectives of this group were to (1)
review and refine the juvenile winter-run chinook salmon loss estimates
at the water export facilities during the 1992 outmigration period, and
(2) evaluate the loss estimation and reporting procedures used in 1992
and make recommendations for improving the procedures for 1993 and
future years. The group met frequently to discuss these issues and
issued a summary report in September 1992 that included a revised
estimate of juvenile winter-run chinook salmon losses in 1992 and a
series of recommendations for loss estimation and reporting. The loss
estimation and reporting procedures developed by this group were
eventually incorporated into the February 12, 1993, biological opinion
and incidental take statement that NMFS issued to the Bureau on the
long-term operations of the Federal and State water projects.
The biological opinion also includes protective measures designed
to reduce the impact of Delta operations on winter-run chinook salmon.
The reasonable and prudent alternative in the opinion contains the
following measures to avoid jeopardizing the continued existence of
winter-run chinook salmon: (1) Closure of the Delta Cross Channel each
year from February 1 through April 30; (2) operation of the cross
channel gate each year from October 1 through January 31 to minimize
the diversion of juveniles into the Delta based on the use of a real-
time monitoring program; (3) operation of the delta water export
facilities each year to ensure that no reverse flow conditions occur in
the western Delta from February 1 through April 30; (4) operation of
the delta export facilities each year to ensure that reverse flow
conditions are minimized from November 1 through January 31; and (5)
monitoring of winter-run chinook incidental take at the Federal and
State export facilities. The incidental take statement included with
the opinion also contains measures designed to minimize the taking of
juvenile winter-run chinook salmon incidental to the operation of the
water export facilities. This take statement identifies the level of
incidental taking by the Bureau and State export facilities to be no
more than 1 percent of the estimated number of outmigrant juvenile
winter-run chinook salmon entering the Delta in any year, and requires
the Bureau and the State to submit daily, weekly, and annual reports
based on an extensive monitoring program to ensure the incidental take
authorization is not exceeded.
Based on the 1992 run size estimate (1,180 fish), NMFS determined
that the allowable take of outmigrating juvenile winter-run chinook
salmon incidental to operation of the export facilities in 1992-93 was
2,700 fish. Monitoring of winter-run chinook salmon incidental take
during the 1993 outmigration season indicated that the level of taking
was substantially higher at the State export facility than at the
Federal export facility. The monitoring program also indicated that the
rate of taking by mid-February 1993 was higher than anticipated, and
that continued high pumping rates could result in exceeding the annual
take level authorized by NMFS. As a result, the State voluntarily
curtailed pumping at its Delta pumping facility in late February to
reduce the loss rate and cumulative loss of juvenile winter-run chinook
salmon at its facility. Although pumping rates were gradually increased
during March and April 1993 at the State facility, the cumulative loss
of juveniles was less than 1 percent of the estimated outmigrant
population in 1993. As a result of these and other actions taken by the
State and Bureau in accordance with the February 12, 1993, biological
opinion and incidental take statement, NMFS believes that the survival
of outmigrating juveniles in 1993 was significantly improved over
previous years. Continued implementation of these protective measures
in future years is expected to improve outmigration success of juvenile
winter-run chinook salmon and aid in recovery.
Suisun Marsh
Operation of the Suisun Marsh salinity control gate structure by
the State can potentially affect winter-run chinook adversely by
diverting outmigrating juveniles from the Sacramento River into
Montezuma Slough where conditions for survival are poorer because
diverted fish have a longer migration route, and are exposed to
increased water temperatures, increased predation, and numerous
unscreened water diversions. Upstream migrant adult winter-run chinook
that enter the downstream end of Montezuma Slough may also be blocked
or delayed by operation of the gates as they attempt to migrate into
the Sacramento River.
In order to minimize impacts on winter-run chinook salmon
juveniles, NMFS required (in the 1992 CVP opinion) that salinity
control gates to either close from March 1 through April 15, or that
unscreened diversions in the Slough not operate during this period. The
California Departments of Water Resources and Fish and Game conducted
monitoring during this period and provided documentation to NMFS that
these diversions were not operated. However, sampling by FWS during
April 1992 also indicated that only a small percentage of marked
juvenile salmonids (0.2-1.5 percent) were diverted into Montezuma
Slough.
Since the potential impacts of operating the salinity control gates
on winter-run chinook salmon are unclear based on the available
information, NMFS addressed the need for additional studies at the
facility in the incidental take statement included with the 1993 CVP
biological opinion. Specifically, the incidental take statement
requires the Bureau and the State to develop and implement a program to
evaluate the effects of operating the salinity control structure on
winter-run chinook salmon by spring 1994. The program is expected to
assess the diversion rate of chinook salmon juveniles into Montezuma
Slough, predation at the structure, survival of juveniles passing
through the slough, and passage of adults upstream.
Droughts/El Nino
The natural factors of greatest concern to NMFS are drought
conditions and the oceanographic phenomenon known as El Nino. The
effects of the extended 1987-1992 drought on California's water supply
have likely exacerbated the effects of management of State and Federal
water operations and other activities on winter-run chinook salmon over
the past several years. However, the end of the drought in 1993 due to
above normal levels of precipitation throughout the State, and the
implementation of protective measures contained in NMFS February 12,
1993, biological opinion are expected to reduce the adverse effects of
drought in future years by ensuring that minimum carryover storage is
maintained in Shasta Reservoir each year, and that conservative water
supply forecasts are used by the Bureau to make annual water allocation
decisions. In addition to these measures, the Bureau is expected to
construct a temperature control device at Shasta Reservoir that should
improve its ability to provide suitable water temperatures in the upper
Sacramento River.
The El Nino event that began in 1991-1992 may result in reduced
ocean survival of winter-run chinook salmon produced in 1990 and 1991
when the estimated run sizes were very low (441 and 191 fish
respectively) and drought conditions prevailed. For these and other
reasons, NMFS anticipated that the 1993 run size would be low, and also
expects that the run size in 1994 will be weak. The only measure that
may help to mitigate the impact of El Nino events may be the hatchery
supplementation program developed by the FWS to augment natural
juvenile production. If the hatchery supplementation program proves to
be successful, it may provide the necessary juvenile production to
offset any adverse effects of El Nino conditions.
Conclusion
Since the winter-run chinook salmon was formally listed as a
threatened species in November 1990 (55 FR 46515), the annual estimated
run sizes have become more variable and have continued to decline with
the exception of an increase in 1992. Although some protective measures
were implemented beginning in 1987, the decline was exacerbated by a 6-
year drought in California (1987-1992) and threats adversely affecting
the species that were not addressed until recently. Based on the run
size estimates for the last 3 years (1991-1993), the population now has
at least one and possibly two extremely weak year classes (1991 and
1993). NMFS expects that the 1994 run will also be weak because of the
small numbers of adults returning in 1991 (191 fish) and less than
favorable conditions for spawning, egg incubation, and juvenile
outmigration that occurred in 1991-92. This years class is likely to
remain weakened for the foreseeable future.
Although conditions for winter-run chinook salmon began improving
in 1992 and 1993 because of protective measures implemented to reduce
the long-term impacts of operations of the Federal and State water
projects and improve conditions for successful egg incubation, rearing,
and outmigration, the 6-year drought ended, and the natural production
of juveniles is being supplemented with hatchery produced fish, NMFS
believes that quantifiable improvements in population levels are not
likely to be evident for several years. Since the effectiveness of
these recently implemented protective measures and supplementation
efforts is unknown and cannot be assessed until future runs return,
there remains substantial risk that the population is in danger of
extinction.
Based on the continued decline of the population and increased
variability of run sizes since 1991, the expected weak return in 1994,
continuing threats to the population, and uncertainty about whether
recently implemented protective and conservation measures will be
effective, NMFS believes that the Sacramento River winter-run chinook
salmon is in danger of becoming extinct and should be classified as an
endangered species. NMFS will continue to monitor closely the status of
this population as well as evaluate the effectiveness of existing and
future protective and conservation measures to determine whether any
further changes in its status are warranted.
Available Conservation Measures
Conservation measures provided to species that are listed under the
ESA include listing, recovery actions, implementation of certain
protective measures, and designation and protection of critical
habitat. Some of the most useful protective measures are contained in
section 7 of the ESA. Pursuant to section 7, Federal agencies are
required to conduct conservation programs for endangered species and to
consult with NMFS regarding the potential effects of their actions on
winter-run chinook salmon.
Since winter-run chinook salmon was originally listed as a
threatened species on an emergency basis in August 1989, NMFS has
conducted numerous section 7 consultations with Federal agencies whose
actions may affect the species. The most significant consultations have
been with the Bureau and the California Department of Water Resources
concerning the long-term operations of the Central Valley Project and
the State Water Project and the Corps concerning fish passage at the
GCID diversion facility at Hamilton City. NMFS is currently engaged in
consultations with other Federal agencies and will continue this
process to determine whether Federal actions affect winter-run chinook
salmon.
Section 10 of the ESA provides for addressing the effects of
private and state (non-Federal) actions on endangered species. NMFS has
worked with GCID to address the impacts of their major diversion
facility on winter-run chinook salmon through this process. NMFS also
expects to work with the CDFG to address potentially adverse effects of
striped bass and salmon hatchery management on winter-run chinook
salmon. In the future, NMFS will continue to pursue opportunities to
remedy private and non-Federal activities that may affect winter-run
chinook salmon through this process.
In 1992, NMFS established a National Sacramento River Winter-run
Chinook Salmon recovery team to develop a recovery plan for the
species. The team is comprised of fishery resource managers, experts on
winter-run chinook salmon biology and, other conservation specialists.
The recovery team meets frequently and expects to complete development
of a comprehensive draft recovery plan in 1994.
Critical Habitat
Section 4(a)(3)(A) of the ESA requires that, to the extent that it
is prudent and determinable, critical habitat be designated
concurrently with the listing of a species. NMFS published a final rule
designating critical habitat for Sacramento River winter-run chinook
salmon on June 16, 1993. The designated critical habitat includes: the
Sacramento River from Keswick Dam (RM 302) to Chipps Island (RM 0) at
the westward margin of the Sacramento-San Joaquin Delta, all waters
from Chipps Island westward to Carquinez Bridge, all waters of San
Pablo Bay, and all waters in San Francisco Bay north of the San
Francisco/Oakland Bay Bridge. The final rule also identifies those
physical and biological features of the habitat that are essential to
the conservation of winter-run chinook salmon.
List of Subjects
50 CFR Part 222
Administrative practice and procedure, Endangered and threatened
species, Exports, Imports, Reporting and recordkeeping requirements,
Transportation.
50 CFR Part 227
Endangered and threatened species, Exports, Imports, Marine
mammals, Transportation.
Dated: December 14, 1993.
Nancy Foster,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set forth in the preamble, 50 CFR parts 222 and 227
are amended as follows:
PART 222--ENDANGERED FISH OR WILDLIFE
1. The authority citation for part 222 continues to read as
follows:
Authority: 16 U.S.C. 1531-1543.
Sec. 222.23 [Amended]
2. In Sec. 222.23, paragraph (a) is amended by adding the phrase
``Sacramento River winter-run chinook salmon (Oncorhynchus
tshawytscha);'' immediately after the phrase ``Snake River sockeye
salmon (Oncorhynchus nerka)'' in the second sentence.
PART 227--THREATENED FISH AND WILDLIFE
3. The authority citation for part 227 continues to read as
follows:
Authority: 16 U.S.C. 1531 et seq.
Sec. 227.4 [Amended]
4. In Sec. 227.4, paragraph (e) is removed and paragraphs (f)
through (h) are redesignated paragraphs (e) through (g) respectively.
Sec. 227.21 [Amended]
5. In Sec. 227.21, paragraphs (a) and (b)(1), the phrase ``(e), (g)
and (h)'' is removed, and the phrase ``(f) and (g)'' is added in its
place; in paragraph (b)(2), the phrase ``(g) and (h)'' is removed and
the phrase ``(f) and (g)'' is added in its place.
[FR Doc. 93-31089 Filed 12-28-93; 4:17 pm]
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