Federal Register / Vol. 77, No. 7 / Wednesday, January 11, 2012 / Notices 1669 

Miller, NMFS, Office of Protected 

Resources (301) 427–8403. 

SUPPLEMENTARY INFORMATION: 

Background 

Section 4 of the ESA (16 U.S.C. 1533) 

contains provisions allowing interested 

persons to petition the Secretary of 

Commerce (Secretary) to add a species 

to or remove a species from the List of 

Endangered and Threatened Wildlife 

and to designate critical habitat. The 

Secretary has delegated the authority for 

these actions to the NOAA Assistant 

Administrator for Fisheries. 

On October 31, 2011, we received a 

petition from the Siskiyou County Water 

Users Association and Dr. Richard 

Gierak requesting that we delist the 

SONCC ESU of coho salmon under the 

ESA. The petitioners previously 

submitted three petitions requesting we 

delist coho salmon. We analyzed those 

petitions and found the petitions did 

not present substantial scientific or 

commercial information indicating the 

petitioned action may be warranted. The 

negative 90-day finding notice for the 

three petitions was published in the 

Federal Register on October 7, 2011 (76 

FR 62375). The current petition largely 

reiterates the petitioners’ previous 

arguments, including that the species is 

not native to the Klamath River 

watershed, the species is in good 

condition overall, and extinction is 

inevitable. These arguments were 

rejected in our response to the previous 

petitions, and need not be repeated 

here. 

In the current petition, the petitioners 

have specified their request to delist the 

SONCC ESU, presented some additional 

information regarding the status of coho 

stocks before and after construction of 

dams, and have added citations to 

articles on ocean temperature, heat 

content and volcanic activity in the 

Pacific Ocean. However, the data and 

citations are either offered without 

context or relationship to the petitioned 

action, or relate to the entire taxonomic 

species of coho salmon and not 

specifically to the SONCC ESU. In 

addition, petitioners have added a 

discussion of threats to the species, and 

included the full minutes of a Karuk 

Tribal Council meeting that were 

mentioned, but not provided, in their 

earlier petitions, to support their 

argument. However, petitioners’ 

discussion of threats to the species 

supports maintaining the listing, and 

the Karuk Tribal Council minutes 

provide no additional evidence 

indicating whether the species is or is 

not, as petitioners claim, native to the 

Klamath River basin. Accordingly, none 

of this additional information modifies 

the underlying scientific basis for our 

original determination or causes us to 

re-evaluate our earlier position. 

ESA Statutory and Regulatory 

Provisions and Evaluation Framework 

Section 4(b)(3)(A) of the ESA (16 

U.S.C. 1533(b)(3)(A)) requires that we 

make a finding as to whether a petition 

to list, delist, or reclassify a species 

presents substantial scientific or 

commercial information indicating the 

petitioned action may be warranted. 

ESA implementing regulations define 

‘‘substantial information’’ as the 

‘‘amount of information that would lead 

a reasonable person to believe that the 

measure proposed in the petition may 

be warranted’’ (50 CFR 424.14(b)(1)). In 

determining whether a petition presents 

substantial scientific or commercial 

information to list or delist a species, we 

take into account information submitted 

with, and referenced in, the petition and 

all other information readily available in 

our files. To the maximum extent 

practicable, this finding is to be made 

within 90 days of the receipt of the 

petition, and the finding is to be 

published promptly in the Federal 

Register (16 U.S.C. 1533(b)(3)(A)). ESA 

implementing regulations state that a 

species may be delisted only if the best 

scientific and commercial data available 

substantiate that it is neither 

endangered nor threatened for one or 

more of the following reasons: The 

species is extinct; the species is 

recovered; or subsequent investigations 

show the best scientific or commercial 

data available when the species was 

listed, or the interpretation of such data, 

were in error (50 CFR 424.11(d)). 

Petition Finding 

As discussed above, this subject 

petition does not present any new or 

substantial scientific or commercial 

information related to whether the 

SONCC ESU of coho salmon is 

recovered, extinct, or that the best 

scientific or commercial data available 

when the species was listed, or the 

interpretation of such data, were in 

error. Therefore, we determine that the 

petition does not present substantial 

scientific or commercial information to 

indicate that the petitioned action may 

be warranted. 

References Cited 

A complete list of the references used 

in this finding is available upon request 

(see ADDRESSES). 

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

Dated: January 5, 2012. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2012–393 Filed 1–10–12; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XA778 

Endangered and Threatened Species; 

Recovery Plan for the Southern 

California Steelhead Distinct 

Population Segment 

AGENCY: National Marine Fisheries 

Service, National Oceanic and 

Atmospheric Administration, 

Commerce. 

ACTION: Notice of Availability. 

SUMMARY: The National Marine 

Fisheries Service (NMFS) announces the 

adoption of an Endangered Species Act 

(ESA) recovery plan for the Southern 

California Steelhead (Oncorhynchus 

mykiss) Distinct Population Segment 

(DPS), which spawn and rear in coastal 

rivers from the Santa Maria River to the 

Tijuana River California. The Final 

Southern California Steelhead Recovery 

Plan (Final Recovery Plan) and our 

summary of and responses to public 

comments are now available. 

ADDRESSES: Electronic copies of the 

Final Recovery Plan and a summary of 

and response to public comments on the 

Final Recovery Plan are available online 

at http://www.nmfs.noaa.gov/pr/

recovery/plans/htm. A CD–ROM of 

these documents can be obtained by 

emailing a request to Penny.Ruvelas@

noaa.gov or by writing to NMFS 

Protected Resources Division, 501 W. 

Ocean Blvd., Suite 4200, Long Beach, 

CA 90802. 

FOR FURTHER INFORMATION CONTACT: 

Penny Ruvelas, National Marine 

Fisheries Service, (562) 980–4197. 

SUPPLEMENTARY INFORMATION: 

Background 

The Endangered Species Act of 1973 

(ESA), as amended (16 U.S.C. 1531 et 

seq.) requires that we develop and 

implement recovery plans for the 

conservation and survival of threatened 

and endangered species under our 

jurisdiction, unless it is determined that 

such plans would not result in the 

conservation of the species. We 

designated the Southern California 

Steelhead Evolutionarily Significant 

Unit (ESU) as endangered in the Federal 


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1670 Federal Register / Vol. 77, No. 7 / Wednesday, January 11, 2012 / Notices 

Register on August 18, 1997 (62 FR 

43937). The original ESU boundaries 

during the initial listing of 1997 were 

from the Santa Maria River south to 

Malibu Creek. Following this initial 

listing, O. mykiss were discovered in 

watersheds south of Malibu Creek 

(Topanga Creek in Los Angeles County 

and San Mateo Creek in Orange, 

Riverside, and San Diego Counties) and 

genetic testing confirmed that these O. 

mykiss were most closely related to the 

more northern populations of the 

Southern California Steelhead ESU. As 

a result, the range for the ESU was 

extended south to the U.S.-Mexico 

border on May 1, 2002 (67 FR 21586). 

NMFS reaffirmed the listing of all West 

Coast steelhead populations and applied 

the DPS designation in place of the ESU 

designation on January 5, 2006 (72 FR 

834). 

We published a Notice of Availability 

of the proposed Draft Recovery Plan in 

the Federal Register on July 23, 2009 

(74 FR 36480); and a notice of a 60-day 

time extension for public comments on 

September 11, 2009 (74 FR 46747). 

NMFS held eight multi-day public 

meetings on the threats assessment and 

recovery actions, and two multi-day 

public meetings on the proposed draft 

Recovery Plan to solicit public 

comments. We received over 90 

comments on the proposed draft 

Recovery Plan and summarized the 

public comments, prepared responses, 

and identified the public comments that 

prompted revisions for the Final 

Recovery Plan. We revised the proposed 

draft Recovery Plan based on the 

comments received, and this final 

version now constitutes the Recovery 

Plan for the Southern California 

Steelhead DPS. 

The ESA requires that recovery plans 

incorporate, to the extent practicable: (1) 

Objective, measurable criteria which, 

when met, would result in a 

determination that the species is no 

longer threatened or endangered; (2) 

site-specific management actions 

necessary to achieve the plan’s goals; 

and (3) estimates of the time required 

and costs to implement recovery 

actions. Our goal is to restore the 

endangered Southern California 

Steelhead DPS to the point where they 

are again secure, self-sustaining 

members of their ecosystems and no 

longer need the protections of the ESA. 

The Final Recovery Plan provides 

background on the natural history of 

Southern California Steelhead DPS, 

current population trends, and the 

threats to their viability. The Final 

Recovery Plan lays out a recovery 

strategy to address the threats based on 

the best available science and includes 

goals that incorporate objective, 

measurable criteria which, when met, 

could result in a determination that the 

species may be removed from the 

Federal list of threatened and 

endangered species. The Final Recovery 

Plan is not regulatory, but presents 

guidance for use by agencies and 

interested parties to assist in the 

recovery of the Southern California 

Steelhead DPS. The Final Recovery Plan 

identifies substantive recovery actions 

needed to achieve recovery by 

addressing the systemic threats to the 

species, and provides a time-line and 

estimated costs of recovery actions. The 

strategy for recovery includes a linkage 

between conservation and management 

actions and an active research and 

monitoring program intended to fill data 

gaps and assess effectiveness of those 

actions. The Final Recovery Plan 

incorporates an adaptive management 

framework by which conservation and 

management actions and other elements 

will evolve and adapt as we gain 

information through research and 

monitoring; it describes the agency 

guidance for periodic review of the 

status of the species and the recovery 

plan. To address threats related to the 

species, the Final Recovery Plan 

acknowledges many of the significant 

efforts already underway to restore 

steelhead access to high-quality habitat 

and to improve habitat previously 

degraded. 

We expect the Final Recovery Plan to 

help us and other Federal agencies take 

a consistent approach to section 7 

consultations under the ESA and to 

other ESA decisions. For example, the 

Final Recovery Plan will provide 

information on the biological context for 

the effects that a proposed action may 

have on the listed DPS. The information 

in the Final Recovery Plan on the 

natural history, threats, and potential 

limiting factors, and priorities for 

recovery can be used to help assess risks 

and conservation actions. Consistent 

with the adoption of this Final Recovery 

Plan for the Southern California 

Steelhead DPS, we will implement 

relevant actions for which we have 

authority, work cooperatively on 

implementation of other actions, and 

encourage other Federal and state 

agencies to implement recovery actions 

for which they have responsibility and 

authority. 

Recovery of the Southern California 

Steelhead DPS will require a long-term 

effort in cooperation and coordination 

with Federal, state, tribal and local 

government agencies, and the 

community. 

Conclusion 

NMFS has reviewed the Plan for 

compliance with the requirements of the 

ESA section 4(f), determined that it does 

incorporate the required elements and is 

therefore adopting it as the Final 

Recovery Plan for Southern California 

Steelhead DPS. 

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

Dated: January 4, 2012. 

Angela Somma, 

Chief, Endangered Species Division, Office 

of Protected Resources, National Marine 

Fisheries Service. 

[FR Doc. 2012–392 Filed 1–10–12; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XA923 

Gulf of Mexico Fishery Management 

Council (Council); Public Meetings 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of public meetings. 

SUMMARY: The Gulf of Mexico Fishery 

Management Council will convene 

public meetings. 

DATES: The meetings will be held 

January 30–February 2, 2012. 

ADDRESSES: The meetings will be held at 

the Renaissance Riverview Hotel; 64 S. 

Water Street, Mobile, AL 36602; 

telephone: (251) 438–4000. 

Council address: Gulf of Mexico 

Fishery Management Council, 2203 

North Lois Avenue, Suite 1100, Tampa, 

FL 33607. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Stephen Bortone, Executive Director, 

Gulf of Mexico Fishery Management 

Council; telephone: (813) 348–1630. 

SUPPLEMENTARY INFORMATION: 

Committees 

Monday, January 30, 2012 

1 p.m.–2 p.m.—Scientific & Statistical 

Committee (SSC) Selection Committee 

will discuss duties and responsibilities 

of the SSC. 

2 p.m.–4 p.m.—Mackerel Management 

Committee will review scoping 

documents for Amendment 19—No Sale 

and Permits and Amendment 20— 

Boundaries and Transit Provisions; and 

select future scoping meeting locations. 

4 p.m.–4:30 p.m.—Shrimp 

Management Committee will review the 


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