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Petition to List Lynn Canal Pacific Herring under the Endangered ...

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3. Marked Difference in Genetic Characteristics<br />

The DPS Policy allows NMFS <strong>to</strong> use evidence that <strong>the</strong> discrete population<br />

segment differs markedly from o<strong>the</strong>r populations of <strong>the</strong> species in its genetic<br />

characteristics <strong>to</strong> meet <strong>the</strong> “significance” prong of <strong>the</strong> DPS Policy (USFWS-NMFS<br />

1996). However, <strong>the</strong> question of what constitutes a marked genetic difference is unique<br />

<strong>to</strong> each species. Past USFWS and NMFS final rules designating DPSs have utilized<br />

varying standards for “significance” in <strong>the</strong> context of genetic differentiation. One thing is<br />

certain, <strong>the</strong> DPS Policy does not require a population <strong>to</strong> be genetically “unique” in order<br />

<strong>to</strong> qualify as “significant” (USFWS-NMFS 1996).<br />

As explained above in <strong>the</strong> discreteness section, <strong>the</strong> genetics of <strong>Pacific</strong> <strong>Herring</strong> are<br />

complicated. In addition, marine fish species generally have lower detectable levels of<br />

genetic differentiation than for terrestrial or anadromous species (Grant and Utter 1984,<br />

Bekkevold 2005). Therefore, just because <strong>the</strong> levels of detectable genetic variation are<br />

low does not mean that <strong>the</strong> observed genetic differentiation is insignificant. Even small<br />

amounts of genetic differentiation can be significant <strong>to</strong> <strong>the</strong> species. This is <strong>the</strong><br />

conclusion of several authors studying herring genetics.<br />

Bentzen (1997) advocates that if even one of several loci yields a significant<br />

result, it may be biologically meaningful given <strong>the</strong> obstacles (huge population<br />

sizes, sampling biases) faced in detecting legitimate population differences in <strong>the</strong><br />

marine environment.<br />

(McPherson et al. 2001).<br />

These conclusions run contrary <strong>to</strong> NMFS (2005c) assertions in <strong>the</strong> 12-month<br />

finding for Cherry Point <strong>Herring</strong>. In that finding, NMFS argued that <strong>the</strong> low levels of<br />

observed genetic differentiation in Cherry Point <strong>Herring</strong>, when compared <strong>to</strong> genetic<br />

differentiation observed in <strong>Pacific</strong> salmon species, is not “significant” (NMFS 2003c).<br />

However, according <strong>to</strong> herring researchers, even low levels of genetic differentiation can<br />

be significant.<br />

a) Uncertainty in Genetic Evidence<br />

The ESA requires NMFS <strong>to</strong> act in a precautionary manner when listing species.<br />

This precautionary approach is also mandated by <strong>the</strong> use of <strong>the</strong> best available science.<br />

NMFS implicitly applied <strong>the</strong> precautionary principle when it listed <strong>the</strong> Snake River<br />

Sockeye Salmon (Oncorhynchus nerka) as endangered <strong>under</strong> <strong>the</strong> ESA despite <strong>the</strong> fact<br />

that it was unclear whe<strong>the</strong>r <strong>the</strong> population at issue was actually distinct from o<strong>the</strong>r<br />

populations (NMFS 1991). NMFS listed <strong>the</strong> population solely based on preliminary<br />

evidence that <strong>the</strong> population was distinct from o<strong>the</strong>r salmon populations. Subsequent<br />

scientific research showed that <strong>the</strong> Snake River Sockeye Salmon was actually genetically<br />

distinct from o<strong>the</strong>r salmon populations. In <strong>the</strong> NMFS’ 1991 status review of Snake River<br />

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