NFMS Announces ‘Positive 90-Day Finding’ On Petition To List Gulf Of Alaska Chinook As Threatened (Updating)

NOAA’s National Fisheries Marine Service announced this morning that Gulf of Alaska Chinook salmon will head to an initial “positive 90-day finding” from a petition to list them as threatened or endangered. The Washington state-based Wild Fish Conservancy has been pursuing protection mandates for the fish, going so far as successfully getting the Southeast Alaska trolling season halted before it was reinstated last summer.

As the chart below states, this is one of many steps that must be traversed to reach the point where Gulf of Alaska kings can be listed as threatened or endangered.

Update: Here’s the official NOAA press release:

Gulf of Alaska river systems where Chinook salmon have been documented are shown in blue. Credit: NOAA Fisheries

In response to a petition to list Gulf of Alaska Chinook salmon as threatened or endangered under the Endangered Species Act, NOAA Fisheries has found that listing may be warranted. We filed a positive 90-day finding in the Federal Register, which is a threshold determination based mainly on the contents of the petition itself. It triggers a more in-depth review to determine whether listing is warranted.

On January 11, 2024, we received a petition from the Wild Fish Conservancy to delineate and list one or more evolutionarily significant units of Chinook salmon in southern Alaska as threatened or endangered. It also requested that we designate critical habitat concurrently with the listing.

According to the Conservancy, the petition “encompasses all Chinook populations that enter the marine environment of the Gulf of Alaska.” It “includes all populations on the southern side of the Aleutian Peninsula, Cook Inlet, and the coast of Alaska south of Cook Inlet to the southern end of the Alaska/British Columbia border.”

We interpret the request as asking us to consider populations of Chinook salmon on:

• Southern side of the Alaska Peninsula, including Kodiak Island, Cook Inlet, Prince William Sound
• Gulf of Alaska coastline
• Inside waters of Southeast Alaska to the United States/Canada border

The Endangered Species Act requires the Secretary of Commerce make a finding within 90 days on whether a petition presents substantial scientific or commercial information indicating the petitioned action may be warranted.

The 90-Day Finding

To make a 90-day finding on a petition to list a species, we evaluate whether it presents substantial scientific or commercial information indicating the species may be either threatened or endangered. At this stage, we do not conduct additional research, and we do not solicit information from outside parties to help us evaluate the petition.

We have reviewed the petition, the literature cited in the petition, and other literature and information available in our files prior to receipt of the petition. We found that the information present in the petition contained numerous factual errors, omissions, incomplete references, and unsupported assertions and conclusions. Still, we considered missed escapement goals in recent years for many stocks in the petitioned area, and evidence of decreasing size and age at maturity. We concluded that the petition contained enough information for a reasonable person to conclude that the petitioned action may be warranted.

With the positive 90-day finding, we are commencing a review of the status of Gulf of Alaska Chinook salmon to determine whether listing is warranted. We will convene a status review team of federal scientists to begin an in-depth review of the species’ current status and extinction risk. We will include input from non-federal experts by inviting them to participate as guest consultants to the team as part of a broad-based gathering of information.

“The Alaska Department of Fish and Game has tremendous expertise in salmon biology and management in Alaska,” said NOAA Fisheries Alaska Regional Administrator Jon Kurland. “In particular, we will seek technical assistance from our state partners on Chinook biology, genetics, and relevant risk factors.”

The status review team will collect and analyze the best available scientific and commercial information on the species to evaluate its current status and extinction risk, including:

• Biology
• Ecology
• Abundance and population trends
• Traditional Knowledge
• Threats to the species 

The team will develop a status review report that will undergo peer review, and peer reviewer comments will be made publicly available.

Once the status review is complete, we must publish a finding as to whether the petitioned action is warranted within 12 months of receipt of the petition. The finding at the 12-month stage is based on a more thorough review of the available information; a positive 90-day finding does not prejudge the outcome of the status review.

We are dedicating personnel and resources towards a timely completion. We expect significant challenges given the vast geographical extent of the petitioned area. There is also potential for numerous distinct populations within that area that will each require a separate analysis of its status and trends. 

After completing the status review and considering ongoing conservation efforts, we will determine whether a listing is warranted and publish the finding in the Federal Register. 

If we determine that a listing of one or more evolutionarily significant units is warranted, we will seek public comments on the proposed listing. We will host public hearings and engage with Tribes to provide multiple opportunities for public engagement and input to inform our final listing decision.

How to Comment

To ensure that our status review is informed by the best available scientific and commercial data, we are opening a 60-day public comment period to solicit information on Gulf of Alaska Chinook salmon. Submit relevant data and information, identified by “Gulf of Alaska Chinook salmon petition” or by the docket number, NOAA-NMFS-2024-0042, by one of the following methods: 

• Electronic submissions: via the Federal eRulemaking Portal
• Mail to: Anne Marie Eich, Assistant Regional Administrator, Protected Resources Division, Alaska Region NOAA Fisheries. Attn. Susan Meyer, P.O. Box 21668, Juneau, AK 99802

Comments must be received by [insert date 60 days after date of publication in the FR]. 

NOAA Fisheries will post all information received on http://www.regulations.gov. This generally means that we will post any personal information that is provided.

Here’s NOAA Fisheries with the details and what’s next:

Summary

NOAA Fisheries announces a positive 90-day finding on a petition to list Chinook salmon in the Gulf of Alaska as threatened or endangered under the Endangered Species Act (ESA), meaning that our initial review indicates the petitioned action may be warranted.

On January 11, 2024, we received a petition from the Wild Fish Conservancy to delineate and list one or more evolutionarily significant units (ESUs) of Gulf of Alaska Chinook salmon as threatened or endangered under the ESA, and to designate critical habitat concurrently with the listing.

The ESA requires to the maximum extent practicable that, within 90 days of receipt of a petition to list a species as threatened or endangered, the Secretary make a finding on whether that petition, reviewed in light of the information readily available in our files at the time the petition was received, presents substantial scientific or commercial information indicating that the petitioned action may be warranted.

We found that the information presented in the petition contained numerous factual errors, omissions, incomplete references, and unsupported assertions and conclusions. Nonetheless, in light of missed escapement goals in recent years for many Chinook salmon stocks in the petitioned area, and evidence of decreasing size and age at maturity, we concluded that the petition indicated that the petitioned listing may be warranted.Conclusive information indicating the species may meet the ESA’s requirements for listing is not required to make a positive 90-day finding. A positive 90-day finding is based on a narrow scope of review compared to the more thorough review of information in a 12-month finding; therefore a positive 90-day finding does not prejudge the outcome of the status review.

With the positive 90-day finding, we are commencing a review of the status of Gulf of Alaska Chinook salmon to determine whether listing under the ESA is warranted. NOAA Fisheries is committed to conducting a thorough analysis using the best available science. Our review will include advice from the State of Alaska, opportunities for public and Tribal engagement, and peer review. We are seeking information from the public to inform the status review during a 60-day public comment period. If we make a positive 12-month finding and propose listing of one or more ESUs under the ESA, we will host public hearings, Tribal consultations, and open an additional public comment period.

To ensure that our status review is informed by the best available scientific and commercial data, we are opening a 60-day public comment period to solicit additional information concerning the status of Gulf of Alaska Chinook salmon.

You may submit data and information relevant to our review of the status of Gulf of Alaska Chinook salmon, identified by “Gulf of Alaska Chinook salmon Petition” or by the docket number, NOAA-NMFS-2024-0042, by any of the following methods:

• Electronic Submissions: Submit all electronic public comments via the Federal eRulemaking Portal. Go to https://www.regulations.gov and enter NOAA-NMFS-2024-0042 in the Search box. Click on the “Comment” icon, complete the required fields, and enter or attach your comments.
• Mail: Anne Marie Eich, Assistant Regional Administrator, Protected Resources Division, Alaska Region NMFS, Attn. Susan Meyer. Mail comments to P.O. Box 21668, Juneau, AK 99802.

Update: Sorry for how late this is but ADFG responded to the petition:

Alaska Responds to Endangered Species Act Petition Gulf of Alaska Chinook Salmon

May 23, 2024 (Juneau) — Today — The National Marine Fisheries Service (NMFS) issued a positive 90-day finding on a petition to list Alaska Chinook salmon as a threatened or endangered species under the Endangered Species Act (ESA). The petition, submitted by the Wild Fish Conservancy, a Washington state based environmental group, requests ESA listing of Chinook populations from all rivers that flow into the Gulf of Alaska. The positive finding indicates that NMFS believes that there is substantial information that an ESA listing for these Chinook stocks may be warranted. 

“I am deeply disappointed in the decision by NMFS to issue a positive 90-day finding,” said Alaska Department of Fish and Game (ADF&G) Commissioner Doug Vincent-Lang. “The petition was clearly drafted by people with little knowledge of Alaska and Alaska salmon stocks. It was rife with significant factual errors, omits important data that are widely available, and does not accurately describe the status of Chinook salmon in Alaska. It is mind boggling that NMFS could make a positive finding based on cherry-picked data to support a pre-determined viewpoint. I am concerned that this decision will encourage more frivolous petitions in the future.”

The State is concerned that NMFS appears to be changing their standards based on a petitioner’s ideology. NMFS bent over backwards to issue a positive 90-day finding on this flawed petition while conversely bending over backwards to issue a negative 90-day finding on a recent ringed seal petition from the State of Alaska and others that was well-prepared. Commissioner Vincent-Lang stated, “The Service needs to treat all petitions equitably in terms of the bar it uses to justify its decisions. Failure to treat petitions equitably raises questions of whether the decisions are arbitrary and capricious.”

Populations of Chinook salmon across their range have been returning in lower numbers in recent years, which in Alaska has been largely attributed to changes in the marine environment. The State of Alaska has invested substantially in marine salmon research to better understand the causes of these declines and identify potential solutions.

“The ESA is the wrong tool to address a downturn in Chinook productivity, and this group is using it as a weapon to further their own interests” said Commissioner Vincent-Lang. “Simply failing to meet an escapement goal that is calculated to meet maximum sustained yield does not mean a stock is at risk of extinction. As the resource manager, ADF&G is both constitutionally obligated and committed to sustainable fisheries management. The State has taken aggressive management measures to conserve these stocks which have been proving successful.”

The next step in the ESA process is for NMFS to convene a team of federal scientists to conduct a one-year status review using available scientific data. The outcome of that process will be for NMFS to make a finding of whether ESA listing is warranted for one or more salmon populations. If there is a finding to list one or more stocks as threatened or endangered, NMFS will publish a proposed rule in the federal register for public comment before making a final decision a year later.

The State of Alaska will work with the NMFS to the extent allowable to ensure they have the best available information to inform their review and to demonstrate that Alaska’s wild Chinook salmon stocks are not at risk of extinction now or in the foreseeable future.

Other salmon stocks along the West Coast are currently under review, including kings in Washington’s Chehalis, Quinault, Hoh and Quillayute River systems. Further south, Chinook numbers are struggling so much that NFMS determined a full closure of ocean salmon fishing in California for a second consecutive year.

We’ll update this post as more reaction comes in.