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[Federal Register Volume 80, Number 58 (Thursday, March 26, 2015)]
[Notices]
[Pages 15984-15985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-06927]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XD852

Endangered and Threatened Species; Take of Anadromous Fish

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

ACTION: Notice; availability of NMFS evaluation of joint state/tribal 
hatchery plans and request for comment.

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SUMMARY: Notice is hereby given that the Washington Department of Fish 
and Wildlife (WDFW), with the Jamestown S'Klallam Tribe, the Lummi 
Nation, the Nooksack Tribe, the Stillaguamish Tribes, and the Tulalip 
Tribes as the U.S. v. Washington salmon resource co-managers, has 
submitted three Hatchery and Genetic Management Plans, to be considered 
jointly, to NMFS pursuant to the limitation on take prohibitions for 
actions conducted under Limit 6 of the 4(d) Rule for salmon and 
steelhead promulgated under the Endangered Species Act (ESA). The plans 
specify the propagation of early-returning (``early'') winter steelhead 
in the Dungeness, Nooksack, and Stillaguamish River watersheds of 
Washington State. This document serves to notify the public of the 
availability for comment of the proposed evaluation of the Secretary of 
Commerce (Secretary) as to whether implementation of the joint plans 
will appreciably reduce the likelihood of survival and recovery of ESA-
listed Puget Sound steelhead, Puget Sound Chinook salmon, and Hood 
Canal summer chum salmon.
    This notice further advises the public of the availability for 
review of a draft Environmental Assessment of the effects of the NMFS 
determination on the subject joint plans.

DATES: Comments must be received at the appropriate address or email 
mailbox (see ADDRESSES) no later than 5 p.m. Pacific time on April 27, 
2015.

ADDRESSES: Written comments on the proposed evaluation and pending 
determination should be addressed to the NMFS Sustainable Fisheries

[[Page 15985]]

Division, 510 Desmond Dr., Suite 103, Lacey, WA 98503, or faxed to 
(360) 753-9517. Comments may be submitted by email. The mailbox address 
for providing email comments is: [email protected]. 
Include in the subject line of the email comment the following 
identifier: Comments on Early Winter Steelhead Hatchery Programs. When 
commenting on the draft environmental assessment, please refer to the 
specific page number and line number of the subject of your comment. 
The Secretary's proposed evaluation of effects on listed steelhead and 
salmon, and the draft Environmental Assessment are also available on 
the Internet at www.westcoast.fisheries.noaa.gov. Comments received 
will also be available for public inspection, by appointment, during 
normal business hours by calling (503) 230-5418.

FOR FURTHER INFORMATION CONTACT: Tim Tynan at (360) 753-9579 or email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

ESA-Listed Species Covered in This Notice

    Steelhead (Oncorhynchus mykiss): Threatened, naturally produced and 
artificially propagated Puget Sound.
    Chinook salmon (O. tshawytscha): Threatened, naturally produced and 
artificially propagated Puget Sound.
    Chum salmon (O. keta): Threatened, naturally produced and 
artificially propagated Hood Canal summer-run.
    Bull trout (Salvelinus confluentus): Threatened Puget Sound/
Washington Coast.
    The WDFW, with the Jamestown S'Klallam Tribe, the Lummi Nation, the 
Nooksack Tribe, the Stillaguamish Tribes, and the Tulalip Tribes as the 
U.S. v. Washington salmon resource co-managers, has submitted to NMFS 
plans for three jointly operated hatchery programs in the Dungeness, 
Nooksack, and Stillaguamish river basins. The plans were submitted in 
July 2014, pursuant to limit 6 of the 4(d) Rule for the listed Puget 
Sound steelhead distinct population segment (DPS), and the listed Puget 
Sound Chinook Salmon and listed Hood Canal Summer Chum Salmon 
evolutionarily significant units (ESU). The plans reflect refinements 
of draft versions of the plans provided previously and evaluated 
pursuant to the 4(d) Rule. The hatchery programs would release early 
winter steelhead that are not included as part of the ESA-listed Puget 
Sound Steelhead Distinct Population Segment into the Dungeness River, 
Nooksack River, and Stillaguamish River watersheds. All three programs 
would release fish that are not native to the watersheds.
    As required by the ESA 4(d) rule (65 FR 42422, July 10, 2000, as 
updated in 70 FR 37160, June 28, 2005), the Secretary is seeking public 
comment on her pending determination as to whether the joint plans for 
early winter steelhead hatchery programs in the Dungeness River, 
Nooksack River, and Stillaguamish River would appreciably reduce the 
likelihood of survival and recovery of ESA-listed Puget Sound steelhead 
and Puget Sound salmon.
    Under section 4(d) of the ESA, the Secretary is required to adopt 
such regulations as she deems necessary and advisable for the 
conservation of species listed as threatened. NMFS has issued a final 
ESA 4(d) Rule for salmon and steelhead, adopting in Limit 6 regulations 
necessary and advisable to harmonize statutory conservation 
requirements with tribal rights and the Federal trust responsibility to 
tribes (50 CFR 223.209).
    This 4(d) Rule applies the prohibitions enumerated in section 
9(a)(1) of the ESA. NMFS did not find it necessary and advisable to 
apply the take prohibitions described in section 9(a)(1)(B) and 
9(a)(1)(C) to artificial propagation activities if those activities are 
managed in accordance with a joint plan whose implementation has been 
determined by the Secretary to not appreciably reduce the likelihood of 
survival and recovery of the listed salmonids. As specified in limit 6 
of the 4(d) Rule, before the Secretary makes a decision on the joint 
plan, the public must have an opportunity to review and comment on the 
pending determination.

Authority

    Under section 4 of the ESA, the Secretary of Commerce is required 
to adopt such regulations as she deems necessary and advisable for the 
conservation of species listed as threatened. The ESA salmon and 
steelhead 4(d) rule (65 FR 42422, July 10, 2000, as updated in 70 FR 
37160, June 28, 2005) specifies categories of activities that 
contribute to the conservation of listed salmonids and sets out the 
criteria for such activities. Limit 6 of the updated 4(d) rule (50 CFR 
223.203(b)(6)) further provides that the prohibitions of paragraph (a) 
of the updated 4(d) rule (50 CFR 223.203(a)) do not apply to activities 
associated with a joint state/tribal artificial propagation plan 
provided that the joint plan has been determined by NMFS to be in 
accordance with the salmon and steelhead 4(d) rule (65 FR 42422, July 
10, 2000, as updated in 70 FR 37160, June 28, 2005).
    We also apply this notice in accordance with the requirements of 
NEPA as amended (42 U.S.C. 4371 et seq.) and its implementing 
regulations (40 CFR 1506.6), and other appropriate Federal laws and 
regulations, and policies and procedures of NMFS for compliance with 
those regulations.

    Dated: March 23, 2015.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources, 
National Marine Fisheries Service.
[FR Doc. 2015-06927 Filed 3-25-15; 8:45 am]
 BILLING CODE 3510-22-P
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