Federal Register / Vol. 74, No. 162 / Monday, August 24, 2009 / Rules and Regulations 42605 

TABLE TWO

Vessel Number 

Masthead 

lights distance to 

stbd of 

keel in 

meters; 

Rule 21 

(a) 

Forward 

anchor 

light, distance 

below 

flight dk 

in meters; 

§ 2(K), 

Annex I 

Forward 

anchor 

light, 

number 

of; Rule 

30(a)(i) 

AFT anchor light, 

distance 

below 

flight dk 

in meters; 

Rule 

21(e), 

Rule 

30(a)(ii) 

AFT anchor light, 

number 

of; Rule 

30(a)(ii) 

Side 

lights, 

distance 

below 

flight dk 

in meters; 

§ 2(g), 

Annex I 

Side 

lights, 

distance 

forward 

masthead 

light in 

meters; 

§ 3(b), 

Annex I 

Side 

lights, 

distance 

inboard 

of ship’s 

sides in 

meters; 

§ 3(b), 

Annex I 

* * * * * * * 

USS PROVIDENCE ................................................... SSN 719 .... 0.41 X X X X X X X 

* * * * * * * 

* * * * * 

Approved: August 13, 2009. 

C.J. Spain, 

Deputy Assistant Judge Advocate General 

(Admiralty and Maritime Law), Acting. 

[FR Doc. E9–20280 Filed 8–21–09; 8:45 am] 

BILLING CODE 3810–FF–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 223 

[Docket No. 0907291194–91213–01] 

RIN 0648–XQ71 

Listing Endangered and Threatened 

Species: Change in Status for the 

Upper Columbia River Steelhead 

Distinct Population Segment 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule; correcting 

amendment. 

SUMMARY: We, NMFS, announce that the 

Upper Columbia River steelhead is 

reclassified as a threatened species 

consistent with a recent court ruling. 

We also correct the table of threatened 

fishes to indicate that the same species 

is listed as threatened under the 

Endangered Species Act of 1973 (ESA). 

This species was inadvertently dropped 

from the table during an unrelated 

rulemaking. 

DATES: Effective August 24, 2009. 

FOR FURTHER INFORMATION CONTACT: For 

further information regarding this notice 

contact Eric Murray, NMFS, Northwest 

Region, (503) 231–2378; or Marta 

Nammack, NMFS, Office of Protected 

Resources, (301) 713–1401. 

SUPPLEMENTARY INFORMATION: 

Background 

In 1997, we completed a 

comprehensive status review of West 

Coast steelhead (Oncorhynchus mykiss) 

that resulted in ESA listings for Upper 

Columbia River (UCR) steelhead and 

nine other distinct population segments 

(DPSs) of West Coast steelhead (62 FR 

43937; Busby et al., 1996). At that time, 

we determined that the UCR steelhead 

was an endangered species. In January 

2006, we reclassified the UCR steelhead 

from endangered to threatened based on 

an updated review that noted increasing 

steelhead abundance, more widespread 

spawning, and artificial propagation 

programs aimed at improving local 

adaptation and diversity within the 

range of this DPS (71 FR 834; January 

5, 2006 ). The decision to downlist UCR 

steelhead was also based on our 

application of a recent Policy on the 

Consideration of Hatchery-Origin Fish 

in Endangered species Act Listing 

Determinations for Pacific Salmon and 

Steelhead (70 FR 37204: June 28, 2005). 

Subsequent to this downlisting, we also 

published protective regulations (71 FR 

5178; February 1, 2006), designated 

critical habitat (70 FR 52630; September 

2, 2005), and adopted a recovery plan 

(72 FR 57303; October 10, 2007) for UCR 

steelhead. In April 2006, our decision to 

downlist UCR steelhead from 

endangered to threatened was 

challenged in the U.S. District Court for 

the Western District of Washington. 

On June 13, 2007, the district court 

ruled that we had erred in downlisting 

UCR steelhead, concluding that we had 

not given appropriate consideration to 

self-sustaining natural populations 

(Trout Unlimited v. Lohn, C06–0483– 

JCC, 2007). The result of this ruling was 

to return UCR steelhead to endangered 

status. We appealed that decision to the 

U.S. Court of Appeals for the Ninth 

Circuit, and on March 16, 2009, that 

court ruled that our downlisting did not 

violate the ESA and that, on remand, the 

district court should grant NMFS’ 

motion for summary judgment. 

Accordingly, on June 18, 2009, the 

district court revised its ruling, 

effectively re-instating UCR steelhead to 

threatened status under the ESA. 

Current Status 

Consistent with the Courts’ rulings 

and our listing determination of January 

5, 2006 (71 FR 834), the UCR steelhead 

is listed as threatened under the ESA. 

Critical habitat was designated for UCR 

steelhead on September 2, 2005 (70 FR 

52630). The protective regulations 

issued for UCR steelhead on February 1, 

2006 (71 FR 5178) are now effective. A 

recovery plan was adopted for UCR 

steelhead on October 9, 2007 (72 FR 

57303). 

Correcting Amendment 

In the May 9, 2006, issue of the 

Federal Register, we published a final 

rule to implement our determination to 

list elkhorn (Acropora palmata) and 

staghorn (A. cervicornis) corals as 

threatened species under the ESA (7l FR 

26852). In the same action, we made a 

format change to ensure that all 

threatened species listed under 

sect;(223.102 were in table format to 

match the threatened fishes table. By 

mistake, we did not include the already 

listed UCR steelhead DPS in 

§ 223.102(c). This document corrects the 

table in § 223.102(c) to include the UCR 

steelhead DPS as a threatened species. 

References 

Copies of previous Federal Register 

Notices and reference materials are 

available on the Internet at http:// 

www.nwr.noaa.gov, or upon request (see 

FOR FURTHER INFORMATION CONTACT

section above). 

List of Subjects in 50 CFR Part 223 

Endangered and threatened species, 

Exports, Imports, Transportation. 

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42606 Federal Register / Vol. 74, No. 162 / Monday, August 24, 2009 / Rules and Regulations 

Dated: August 17, 2009. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

■ Accordingly, 50 CFR part 223 is 

corrected by making the following 

correcting amendment: 

PART 223—THREATENED MARINE 

AND ANADROMOUS SPECIES 

■ 1. The authority citation for part 223 

continues to read as follows: 

Authority: 16 U.S.C. 1531–1543. 

■ 2. In § 223.102, paragraph (c)(25) is 

added to the table to read as follows: 

§ 223.102 Enumeration of threatened 

marine and anadromous species. 

* * * * * 

Species1

Where Listed Citation(s) for Listing Determination(s) 

Citation(s) for Critical 

Habitat Designation(s) Common Name Scientific Name 

(c) * * * 

(25) Upper Columbia River 

steelhead Oncorhynchus 

mykiss 

U.S.A., WA, Distinct Population Segment 

including all naturally spawned anadromous 

O. mykiss (steelhead) populations below 

natural and manmade impassable barriers in 

streams in the Columbia River Basin 

upstream from the Yakima River, 

Washington, to the U.S.-Canada border, as 

well as six artificial propagation programs: 

the Wenatchee River, Wells Hatchery (in the 

Methow and Okanogan Rivers), Winthrop 

NFH, Omak Creek, and the Ringold 

steelhead hatchery programs. 

71 FR 834; January 5, 2006 70 FR 52630; 

September 2, 2005 

* * * * * * * 

1Species includes taxonomic species, distinct population segments (DPSs) (for a policy statement, see 61 FR 4722, February 7, 1996) and 

evolutionarily significant units (ESUs) (for a policy statement, see 56 FR 58612, November 20, 1991). 

[FR Doc. E9–20315 Filed 8–21–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 090206152–9249–01] 

RIN 0648–AX61 

Fisheries of the Northeastern United 

States; Atlantic Deep-Sea Red Crab 

Fishery; Emergency Rule; Extension 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; emergency 

action extended. 

SUMMARY: NMFS is continuing 

emergency measures to reduce the target 

total allowable catch (TAC) and 

associated days-at-sea (DAS) allocations 

in the Atlantic deep-sea red crab fishery, 

based on recent scientific information. 

The red crab stock was assessed by the 

Data Poor Stocks Working Group in the 

fall of 2008, and a final report published 

in January 2009 indicates that the 

current estimate of maximum 

sustainable yield (MSY) for red crab is 

no longer reliable. This action is 

necessary to comply with the objectives 

of the Deep-Sea Red Crab Fishery 

Management Plan (FMP), as well as to 

ensure compliance with the MagnusonStevens Fishery Conservation and 

Management Act (Magnuson-Stevens 

Act). This action is intended to prevent 

unsustainable fishing of the red crab 

resource while the New England Fishery 

Management Council (Council) 

develops specifications and measures to 

address the new assessment results. 

DATES: The expiration date of the 

emergency rule published March 6, 

2009 (74 FR 9770); is extended to 

February 28, 2010, or until superseded 

by another final rule which will publish 

in the Federal Register. 

ADDRESSES: Copies of the Small Entity 

Compliance Guide, the Regulatory 

Impact Review (RIR), and the 

Environmental Assessment (EA) 

prepared for the March 6, 2009, 

emergency interim final rule are 

available from Patricia A. Kurkul, 

Regional Administrator, National 

Marine Fisheries Service, 55 Great 

Republic Drive, Gloucester, MA 01930. 

FOR FURTHER INFORMATION CONTACT: 

Moira Kelly, Fishery Policy Analyst, 

(978) 281–9218, fax (978) 281–9135. 

SUPPLEMENTARY INFORMATION: NMFS 

published a rule that implemented 

emergency measures to prevent 

unsustainable fishing in the Atlantic 

deep-sea red crab fishery in response to 

results from the Northeast Fisheries 

Science Center’s Data Poor Stocks 

Working Group and Review Panel. A 

temporary rule justifying emergency 

action and soliciting public comment on 

the emergency management measures 

was published on March 6, 2009 (74 FR 

9970), and NMFS accepted comments 

through April 6, 2009. The measures 

implemented by the emergency interim 

final rule include: (1) a reduction in the 

2009 target total allowable catch from 

5.928 million lb (2,689 mt) to 3.56 

million lb (1,615 mt); and (2) a 

reduction in the number of DAS 

initially allocated to each of the five 

limited access permit holders from 156 

DAS to 116 DAS. However, as has 

occurred each year since 2003, one of 

the limited access permits has been 

declared out of the fishery for the 2009 

fishing year. Therefore, the total fleetwide allocation of 582 DAS is 

reallocated, and the resulting DAS 

allocation remains 146 DAS for each of 

the active four limited access permit 

holders. These measures became 

effective on April 6, 2009, and remain 

in effect for a period of 180 calendar 

days, expiring on September 2, 2009. A 

more detailed explanation and 

background for this action was provided 

in the rule published on March 6, 2009, 

and is not repeated here. This action 

extends these regulations through the 

end of the red crab fishing year. The 

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