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Policy on the Consideration of Hatchery-Origin Fish in Endangered Species Act Listing Determinations for Pacific Salmon and Steelhead

endangered-species · salmon · Published 2005-06-28 · Effective 2005-06-28 · 70 FR 37204

Document

Document number
05-12349
Federal Register citation
70 FR 37204
Type
Rule
Action
Final policy.
Category
endangered-species
Species
salmon
Publication date
2005-06-28
Effective date
2005-06-28
NOAA docket
Docket No. 040511148-5151-02

Abstract

We, the National Marine Fisheries Service (NMFS), announce a final policy addressing the role of artificially propagated (hatchery produced) Pacific salmon (Oncorhynchus gorbuscha, O. keta, O. kisutch, O. nerka, O. tshawytscha) and steelhead (O. mykiss) in listing determinations under the Endangered Species Act of 1973 (ESA), as amended. This final policy supersedes the Interim Policy on Artificial Propagation of Pacific Salmon under the Endangered Species Act, published in the Federal Register on April 5, 1993. The Interim Policy is being revised in light of a 2001 United States District Court ruling that NMFS improperly listed only the naturally spawning component of Oregon Coast coho salmon under the ESA, excluding hatchery stocks that the agency had determined were part of the same "distinct population segment" (DPS) as the listed natural populations. The Court's ruling invalidated the practice described in the Interim Policy of generally excluding hatchery stocks in a DPS from listing unless it was determined that they contained a substantial proportion of the DPS's remaining genetic diversity and were "essential for recovery." Under this new policy, hatchery stocks determined to be part of a DPS will be considered in determining whether a DPS is threatened or endangered under the ESA, and will be included in any listing of the DPS. This policy applies only to Pacific salmon and steelhead and only in the context of making ESA listing determinations.

Source

Authoritative
Federal Register document
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