[Federal Register Volume 69, Number 200 (Monday, October 18, 2004)]
[Notices]
[Pages 61347-61348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23281]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 050304B]


Endangered and Threatened Species: Extension of Public Comment 
Period and Notice of Rescheduled Public Hearing on Proposed Hatchery 
Listing Policy

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Extension of public comment period; notice of rescheduled 
public hearing.

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SUMMARY: In June 2004, NMFS proposed a new policy for the consideration 
of hatchery salmon (chum, Oncorhynchus keta; coho, O. kisutch, sockeye, 
O. nerka; chinook, O. tshawytscha) and O. mykiss (inclusive of 
anadromous steelhead and resident rainbow trout) in Endangered Species 
Act (ESA) listing determinations and subsequently extended the due date 
for public comments and announced public hearings. NMFS is again 
extending the public comment period on the proposed policy through 
November 12, 2004. Additionally, NMFS is rescheduling a public hearing 
in Portland, OR (originally to be held on October 13, 2004) to be held 
on November 9, 2004.

DATES: The due date for written comments is extended from October 20, 
2004, to November 12, 2004. A public hearing is rescheduled to be held 
on November 9, 2004.

ADDRESSES: You may submit comments on the proposed hatchery listing 
policy (69 FR 31354; June 3, 2004) by any of the following methods:
    E-mail: The mailbox address for submitting e-mail comments on the 
proposed hatchery listing policy is <a href="/cdn-cgi/l/email-protection#d8b0b9acbbb0f6a8b7b4b1bba198b6b7b9b9f6bfb7ae"><span class="__cf_email__" data-cfemail="3850594c5b5016485754515b417856575959165f574e">[email protected]</span></a>. Please 
include in the subject line of the e-mail comment the document 
identifier ``Hatchery Listing Policy.''
    Mail: Submit written comments and information to Chief, NMFS, 
Protected Resources Division, 525 NE Oregon Street, Suite 500, 
Portland, OR 97232-2737. Please identify the comment as regarding the 
``Hatchery Listing Policy.'' You may hand-deliver written comments to 
our office at the street address given above, suite 210. Business hours 
are 8 a.m. to 5 p.m., Monday through Friday, except Federal holidays.
    Hand Delivery/Courier: NMFS, Protected Resources Division, 525 NE 
Oregon Street, Suite 210, Portland, OR 97232-2737. Business hours are 
noted above.
    Fax: 503-230-5435. Please identify the fax comment as regarding the 
``Hatchery Listing Policy.''
    The public hearing will be held at the Doublettree Hotel Portland-
Columbia River, 1401 N. Hayden Island Drive, Portland, OR 97217. You 
may obtain information updates on the public hearing on the Internet at 
the following web address: http://www.nwr.noaa.gov/AlseaResponse/20040528/meetings.html.

FOR FURTHER INFORMATION CONTACT: Garth Griffin, NMFS, Northwest Region, 
(503) 231-2005. Copies of the Federal Register notices cited herein and 
additional salmon-related materials are available on the Internet at 
http://www.nwr.noaa.gov/1srd/Prop_Determins/. For information 
regarding public hearings on the proposed hatchery listing policy being 
held in California, please contact Craig Wingert, NMFS, Southwest 
Region, (562) 980-4021. Information on public hearings in California is 
also available on the Internet at http://swr.nmfs.noaa.gov/news/SalmonidHearings.NR.pdf.

SUPPLEMENTARY INFORMATION:

Background

    On June 3, 2004, NMFS published a proposed policy addressing the 
role of hatchery produced Pacific salmon and O. mykiss in ESA listing 
determinations (69 FR 31354; ``proposed hatchery listing policy''). The 
proposed hatchery listing policy would supersede NMFS' 1993 Interim 
Policy on salmonid artificial (hatchery) propagation (58 FR 17573; 
April 5, 1993), which requires revision following the 2001 U.S. 
District Court ruling in Alsea Valley Alliance v. Evans (161 F. Supp. 
2d 1154, D. Oreg. 2001; appeal dismissed, 358 F.3d 1181 (9th Cir. 
2004); Alsea ruling). The Alsea ruling held that NMFS had made an 
improper distinction under the ESA by not listing certain artificially 
propagated salmon populations determined to be part of the same 
Evolutionarily Significant Unit (ESU) as listed natural populations. 
Under the proposed hatchery listing policy: hatchery fish with a level 
of genetic divergence relative to local natural populations that is no 
more than would be expected between closely related populations within 
the ESU would be included as part of the ESU; within-ESU hatchery fish 
would be considered in determining whether the ESU should be listed 
under the ESA; and within-ESU hatchery fish would be included in any 
listing of the ESU. NMFS applied this proposed policy in conducting its 
comprehensive review of ESA listing status for 26 previously listed 
ESUs, and one candidate ESU, of West Coast salmon and O. mykiss.
    With the publication of the proposed hatchery listing policy NMFS 
announced a 90-day public comment period extending through September 1, 
2004. In Federal Register notices published on August 31, 2004 (69 FR 
53039) and September 9, 2004 (69 FR 54647), NMFS extended the public 
comment period for the proposed policy through October 20, 2004. 
Additionally, NMFS announced that it would hold

[[Page 61348]]

public hearings at eight locations in the Pacific Northwest and six 
locations in California to provide additional opportunities and formats 
to receive public input. To date NMFS has held seven of these public 
hearings in Oregon, Washington, and Idaho, and all six public hearings 
in California.

Extension of Public Comment Period

    NMFS has received a request from a U.S. congressional 
representative to extend the public comment period and postpone any 
remaining public meetings to provide additional opportunity for the 
public to consider the proposed hatchery listing policy and to provide 
comment. In this notice NMFS is extending the public comment period 
through November 12, 2004.

Rescheduling of Public Hearing

    In addition to extending the public comment period, NMFS is 
rescheduling a public hearing in Portland, OR (originally to be held on 
October 13, 2004) to be held on November 9, 2004 (see ADDRESSES for 
hearing location).

Public Hearing Format

    Joint Commerce-Interior ESA implementing regulations state that the 
Secretary shall promptly hold at least one public hearing if any person 
requests one within 45 days of publication of a proposed regulation to 
list a species or to designate critical habitat (see 50 CFR 
424.16(c)(3)). In past ESA rule-making, NMFS has conducted traditional 
public hearings, consisting of recorded oral testimony from interested 
individuals. This format, although providing an alternative means of 
public input, is time consuming for the attendees and does not provide 
opportunities for dialogue and information exchange. In the Federal 
Register notice published on August 31, 2004 (69 FR 53039), NMFS 
described an alternative ``open-house'' format aimed at providing all 
hearing participants with the opportunity to obtain information on and 
discuss the proposed hatchery listing policy. NMFS has held seven of 
these ``open-house'' style public hearings, and believes that the new 
format improves the ability of the public to engage effectively in the 
rulemaking process.

Afternoon Practitioners' Session

    An afternoon session (1:30 p.m. to 4:30 p.m., November 9, 2004) in 
Portland (Oregon) will be provided for local practitioners and 
stakeholders involved with managing the ESA on a regular basis, 
including: tribal governments; forestry and agricultural interests; 
home builders and developers; the sport and commercial fishing 
community; the environmental community; the business community; utility 
and special districts; local government elected officials and their 
staff; other locally based Federal and state agencies; and public 
interest groups. Attendance at the afternoon sessions in Portland 
(Oregon) will be on a pre-registration basis. Information on attending 
the practitioners' afternoon session in Portland is available from NMFS 
upon request (see FOR FURTHER INFORMATION CONTACT, above) as well as on 
the Internet at http://www.nwr.noaa.gov/AlseaResponse/20040528/PortlandMeeting.html.

Evening Open House and Public Testimony

    An evening ``open house'' session, designed for broader public 
participation, will be conducted in Portland (Oregon) on the same day 
as the afternoon practitioners' session (November 9, 2004) from 6:30 
p.m. to 9:30 p.m. The ``open house'' format will provide the general 
public with an opportunity to meet with NMFS staff in small groups on 
specific topics. This evening meeting will also provide opportunities 
for the public to make formal recorded comments on the proposal. There 
is no need to register; just drop in anytime during the course of the 
evening event.

Special Accommodations

    This hearing is physically accessible to people with disabilities. 
Requests for sign language or other aids should be directed to Garth 
Griffin (see ADDRESSES) 7 days before the meeting date.

References

    Copies of the Federal Register notices and related materials cited 
in this document are available on the Internet at http://nwr.noaa.gov, 
or upon request (see ADDRESSES section above).

    Authority: 16 U.S.C. 1531 et seq.

    Dated: October 12, 2004.
Laurie K. Allen,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 04-23281 Filed 10-15-04; 8:45 am]
BILLING CODE 3510-22-S


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