ESA 101: Maine Salmon

1
ESA 101 Maine Salmon

• Typical in some respects, not in others
• Was heavily managed prior to listing-atypical.
  Most sp. have not been managed
• Listing involved questions of genetic purity -
  a common issue
• Cultural/local history as economic species

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Prior to 1990s

• Managed by the state as a sport/economic fish
• Hatchery populations reared to boost numbers
• Salmon clubs

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Small 8lb salmon

• "Alewives, also called herring, and shad were the
  predominant fish to be caught, but some salmon
  were to be had. The Sebasticook River had fewer
  salmon in comparison to the Kennebec River. This
  situation may have been caused by the lack of
  adequate spawning grounds. In any case, they were
  not in sufficient quantity to be important
  commercially, but some of them must have been of
  good size. Isaiah Brown, who had a store at what
  is now Benton Station, credited Joseph Proctor
  for a salmon caught in 1807. Brown wrote in his
  ledger, "one small salmon, Wt. 7 1/2 lb. at 5
  cents per lb., 38 cents.
• Excerpted from Carleton Edward Fisher. 1970.
  History of Clinton, Maine. Kennebec Journal
  Press. Augusta, Maine.

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Used with permission, Maine Atlantic Salmon
Commission
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1991 Designation as Category 2

• In 1991, the FWS designated Atlantic salmon in
  five rivers in Downeast'' Maine (the Narraguagus,
  Pleasant, Machias, East Machias and Dennys
  Rivers) as Category 2 candidate species under the
  ESA
• (56 FR 58804, November 21, 1991).

6
1991 Designation as Category 2

• This designation simply indicated that the FWS
  had determined that listing was possibly
  appropriate but that further biological
  information was needed to support a proposed rule
  to list the species. The FWS then began working
  more vigorously with the NMFS as well as with the
  State of Maine and private agencies to reverse
  the decline in salmon abundance. During that same
  period, the NMFS was conducting an exhaustive
  5-year study of the Narraguagus River,
  demonstrating that spawning and nursery habitat
  appeared suitable and should produce more fish
  given adequate escapement levels.
• (56 FR 58804, November 21, 1991)

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Petitions for Listing

• Filed by environmental groups and other
  non-profits
• 1993

Source USFWS Final Endangered Status for a DPS
of Anadromous Atlantic Salmon in the Gulf of Maine
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1995 Status Review

• "A biological report released jointly by the U.S.
  Fish and Wildlife Service and the National Marine
  Fisheries Service confirms that wild Atlantic
  salmon are in danger of extinction despite
  considerable efforts to ensure their survival.

Source USFWS Final Endangered Status for a DPS
of Anadromous Atlantic Salmon in the Gulf of Maine
9
Distinct Population Segment

• The Services completed a status review of the
  species in January 1995 and concluded that the
  available biological evidence indicated that the
  species described in the petition, that is,
  Atlantic salmon throughout its range in the
  United States, did not meet the definition of
  species'' under the ESA.
• Source USFWS Final Endangered Status for a DPS
  of Anadromous Atlantic Salmon in the Gulf of Maine

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Three DPSs

• Long Island Sound
• Central New England
• Gulf of Maine
• Source USFWS Final Endangered Status for a DPS
  of Anadromous Atlantic Salmon in the Gulf of Maine

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DPS

• Discrete population segment
• How discrete?
• Significance to species
• Conservation status
• Source USFWS Final Endangered Status for a DPS
  of Anadromous Atlantic Salmon in the Gulf of Maine

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MAINE TAKES LEAD FOR ATLANTIC SALMON PROTECTION
Federal Agencies Withdraw Endangered Species
Proposal NOAA 97-R190 Dec 15th, 1999 The
National Marine Fisheries Service and the U.S.
Fish and Wildlife Service announced today that
they are withdrawing a proposal to protect
Atlantic salmon in seven Maine rivers under the
federal Endangered Species Act. Instead, the fish
will be protected by a cooperative recovery
effort spearheaded by the State of Maine.
Officials emphasized that the recovery of
Atlantic salmon stocks depends on full
implementation and monitoring of Maine's newly
developed Atlantic Salmon Conservation Plan. "We
are unlocking the full potential of rivers in
Maine and opening a new chapter in conservation
history," said Secretary of the Interior Bruce
Babbitt. "The Governor showed great leadership in
forging this collaboration, which will enhance
the ecology and economy of the state for years to
come. These seven rivers will continue to attract
more anglers, boaters and other sportsmen who
will help grow and sustain new jobs and revenue
as the rivers continue to stand as a model for
the nation."
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Saco River Salmon Club

• Saco River Hatchery Virtual Tour

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Proposed Rule

• Proposed Listing
• Entered in Federal Register
• Must be finalized

Source USFWS Final Endangered Status for a DPS
of Anadromous Atlantic Salmon in the Gulf of Maine
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Former Governor King testifies against listing

• There is no one in this room, who does not want
  to see Atlantic salmon return in large numbers to
  Maine rivers, all Maine rivers, from the
  Androscoggin where I live, to the Kennebec where
  I work , through the Penobscot and into the
  downeast rivers and into the St Croix. The
  question is whether a listing is appropriate
  under the law and would help.
• Let me begin with the law. As you go back, as you
  well know, the Endangered Species Act was first
  passed in 1973. It talked only in terms of
  "species".
• There is no question I hope in this room tonight,
  that the "species" ,Atlantic Salmon, is neither
  endangered nor threatened.
• There are millions of atlantic salmon ranging
  from the north Atlantic in Europe all the way
  through Canada to the United States.

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Former Governor King testifies

• Why NOT list? I just gave you one reason. If you
  list, you're going to lose the extraordinary
  level of cooperation from private citizens,
  volunteers, yes businesses, landowners, riparian
  landowners, that has marked the beginning of the
  Plan , Why do we NOT want you to list? We're
  concerned principally about two dangers. One is
  regulation. The other is... private....citizen..
  lawsuits.

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Former Governor King testifies

• In 1979 the Act was amended to add the concept of
  the Distinct Population Segment. And that is, an
  isolated part of a species, that may have some
  evolutionary significance and therefore is
  entitled to protection the extraordinary
  protections under this Act.
• Congress when they passed this section noted that
  it was subject to abuse, it was subject to being
  applied in too many situations. And therefore
  they used the language "this section should only
  be used sparingly and based upon only solid
  biological evidence."

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Gulf of Maine

• Kennebec below Edwards Dam to St Croix
• Populations to south extirpated, (never to be
  recovered?)
• Early and Late Run
• Hatchery fish included, but not counted towards
  de-listing until they have spawned
• Source USFWS Final Endangered Status for a DPS
  of Anadromous Atlantic Salmon in the Gulf of Maine

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Gulf of Maine

• Eight rivers
• Dennys, East Machias, Machias, Pleasnat,
  Narraguagus, Ducktrap, Sheepscot, and Cove Brook
• Source USFWS Final Endangered Status for a DPS
  of Anadromous Atlantic Salmon in the Gulf of Maine

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Separate population?

• Indicators
• Straying from natal river?
• Re-colonization rates
• Genetic differences
• Source USFWS Final Endangered Status for a DPS
  of Anadromous Atlantic Salmon in the Gulf of
  Maine
• Demonstrably separate?
• What about Canada?

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Hatchery fish?

• has had some influence
• not substantially introgressed with the remnant
  populations
• important genetic legacy
• Source USFWS Final Endangered Status for a DPS
  of Anadromous Atlantic Salmon in the Gulf of Maine

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AGENCIES National Marine Fisheries Service
(NMFS), National Oceanic and Atmospheric
Administration (NOAA), Commerce Fish and
Wildlife Service (FWS), Interior. ACTION
Proposed Rule, notice of public
hearing. SUMMARY NMFS and FWS (the Services)
have completed a status review of U.S. Atlantic
salmon populations and have determined that a
distinct population segment (DPS) of Atlantic
salmon in the Gulf of Maine is in danger of
extinction. The Services have reviewed the status
of the species and the efforts being made to
protect the species and are proposing to place
the Gulf of Maine DPS of Atlantic salmon on the
list of endangered species under the Endangered
Species Act of 1973, as amended (ESA). The
Services have determined that the species' status
has declined since the December 1997
determination that listing was not warranted.
Specifically, documented adult returns have
remained low despite projections of increased
marine survival, presmolt survival has been
found to be lower than previously estimated, the
detection of a new disease led to the
destruction of the Pleasant River broodstock, a
disease from Europe has affected the Canadian
aquaculture industry and spread toward the U.S.
border, the use of non-North American strains of
Atlantic salmon in the U.S. aquaculture industry
has increased, aquaculture escapees continue to
be detected in the wild, and salmon habitat
continues to be threatened by water withdrawal
and sedimentation. If this proposed listing is
finalized, the protective measures of the ESA
will extend to the Gulf of Maine DPS of Atlantic
salmon, and a recovery plan will be prepared and
implemented.
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(No Transcript)
24
Used with permission, Maine Atlantic Salmon
Commission
Used with permission, Maine Atlantic Salmon
Commission
25
Final Rule

• By NOAA, NMFS, USFWS
• determine endangered status pursuant to the
  Endangered Species Act for the Gulf of Maine
  Distinct Population.

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A listed species

• Marine Fisheries Service said in announcing the
  decision to list the salmon as endangered under
  the Endangered Species Act.
• Listing Means...
• No takes of protected Atlantic salmon
• Some requirements to seek consultation
• A recovery plan must be developed
• Critical habitat must be identified
• Source Maine Atlantic Salmon Commission

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The angling season for Atlantic salmon in Maine
is CLOSED YEAR ROUND until further notice. It is
unlawful, by State of Maine mandate, to angle,
take or possess any Atlantic salmon from all
Maine waters (including coastal waters).  Because
of the federal Endangered Species Act listing, it
is also a federal offense to take fish in Dennys,
East Machias, Machias, Pleasant, Narraguagus,
Ducktrap and Sheepscot rivers and Cove
Brook. Source Maine Atlantic Salmon Commission
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Source Maine Atlantic Salmon Commission
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Source Maine Atlantic Salmon Commission
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Source Maine Atlantic Salmon Commission
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Source Maine Atlantic Salmon Commission
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Source Maine Atlantic Salmon Commission
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Questions

• Acid rain
• Pesticides
• Climate change
• Farmed fish
• Dams

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Data from Atlantic Salmon Federation
35
Postcard from Atlantic Salmon Federation