[Federal Register Volume 63, Number 116 (Wednesday, June 17, 1998)]
[Rules and Regulations]
[Pages 32996-32998]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16110]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AE97


Endangered and Threatened Wildlife and Plants; Listing of Several 
Evolutionarily Significant Units of West Coast Steelhead

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: The Fish and Wildlife Service (Service) is adding several 
Evolutionarily Significant Units (ESUs) of west coast steelhead 
(Oncorhynchus mykiss) to the List of Endangered and Threatened Wildlife 
(List) in accordance with the Endangered Species Act of 1973, as 
amended (Act). The Southern California and Upper Columbia River Basin 
ESUs are added as endangered, and the Central California Coast, South-
Central California Coast, Snake River Basin, Lower Columbia River, and 
Central Valley California ESUs are added as threatened. This amendment 
is based on determinations by the National Marine Fisheries Service 
(NMFS), National Oceanic and Atmospheric Administration, Department of 
Commerce, which has jurisdiction for this species.

DATES: The effective date for listing of the Southern California and 
Upper Columbia River Basin ESUs as endangered and the Central 
California Coast, South-Central California Coast, and Snake River Basin 
ESUs as threatened is October 17, 1997. The effective date for listing 
of the Lower Columbia River and Central Valley California ESUs as 
threatened is May 18, 1998.

ADDRESSES: Division of Endangered Species, U.S. Fish and Wildlife 
Service, 4401 N. Fairfax Drive, Mail Stop 452, Arlington, Virginia 
22203.

FOR FURTHER INFORMATION CONTACT: E. LaVerne Smith, Chief, Division of 
Endangered Species, at the above address or telephone 703/358-2171.

SUPPLEMENTARY INFORMATION:

Background

    In accordance with the Act and Reorganization Plan No. 4 of 1970, 
NMFS has jurisdiction over west coast steelhead. Under section 4(a)(2) 
of the Act, NMFS must decide whether a species under its jurisdiction 
should be classified as endangered or threatened. The Service is 
responsible for the actual amendment of the List in 50 CFR 17.11(h).
    On August 9, 1996, NMFS published a proposed rule to list as 
endangered or threatened 10 ESUs of west coast steelhead in Washington, 
Oregon, Idaho, and California (61 FR 41541). On August 18, 1997, NMFS 
published a final rule listing five of these ESUs: the Southern 
California and Upper Columbia River Basin ESUs were listed as 
endangered, and the Central California Coast, South-Central California 
Coast, and Snake River Basin ESUs were listed as threatened (62 FR 
43937).
    Also on August 18, 1997, NMFS published a notice announcing that 
substantial scientific disagreement remained for the remaining five 
ESUs proposed for listing on August 9, 1996. The notice extended the 
deadline for a final listing determination for these five ESUs for 6 
months to solicit, collect, and analyze additional information from 
NMFS scientists, co-management scientists, and scientific experts to 
enable NMFS to make a final listing determination based on the best 
available data. On March 19, 1998, NMFS published a final rule listing 
two of these five ESUs, the Lower Columbia River and the Central Valley 
California ESUs, as threatened (63 FR 13347).
    The proposed rules identified above solicited comments from peer 
reviewers, the public, and all other interested parties. The final 
rules addressed the comments received in response to the proposed 
rules. Because NMFS provided public comment periods on the proposed 
rules, and because this action of the Service to amend the List in 
accordance with the determinations by NMFS is nondiscretionary, the 
Service has omitted the notice and public comment procedures of 5 
U.S.C. 553(b) for this action.

National Environmental Policy Act

    The Service has determined that an Environmental Assessment, as 
defined under the authority of the National Environmental Policy Act of 
1969, need not be prepared in connection with regulations adopted 
pursuant to section 4(a) of the Act. A notice outlining the Service's 
reasons for this determination was published in the Federal Register on 
October 25, 1983 (48 FR 49244).

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Reporting and 
recordkeeping requirements, Transportation.

Regulation Promulgation

    Accordingly, the Service amends part 17, subchapter B of chapter I, 
title 50 of

[[Page 32997]]

the Code of Federal Regulations, as follows:

PART 17--[AMENDED]

    1. The authority citation for part 17 continues to read as follows:

    Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C. 
4201-4245; Pub. L. 99-625, 100 Stat. 3500, unless otherwise noted.

    2. Amend section 17.11(h) by adding the following, in alphabetical 
order under FISHES, to the List of Endangered and Threatened Wildlife:


Sec. 17.11  Endangered and threatened wildlife.

* * * * *
    (h) * * *

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                        Species                                                    Vertebrate                                                           
--------------------------------------------------------                        population where                                  Critical     Special  
                                                            Historic range       endangered or         Status      When listed    habitat       rules   
           Common name                Scientific name                              threatened                                                           
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
              FISHES                                                                                                                                    
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
    Steelhead....................  Oncorhynchus mykiss.  North Pacific Ocean  All naturally        E                       638           NA           NA
                                                          from the Kamchatka   spawned                                                                  
                                                          Peninsula in Asia    populations (and                                                         
                                                          to the northern      their progeny) in                                                        
                                                          Baja Peninsula.      rivers from the                                                          
                                                                               Santa Maria R.,                                                          
                                                                               San Luis Obispo                                                          
                                                                               County, CA                                                               
                                                                               (inclusive) to                                                           
                                                                               Malibu Cr., Los                                                          
                                                                               Angeles County, CA                                                       
                                                                               (inclusive).                                                             
    Do...........................  ......do............  ......do...........  All naturally        E                       638           NA           NA
                                                                               spawned                                                                  
                                                                               populations (and                                                         
                                                                               their progeny) in                                                        
                                                                               the Upper Columbia                                                       
                                                                               R. Basin upstream                                                        
                                                                               from the Yakima                                                          
                                                                               R., WA, to the                                                           
                                                                               U.S./Canada                                                              
                                                                               border, and also                                                         
                                                                               including the                                                            
                                                                               Wells Hatchery                                                           
                                                                               stock.                                                                   
    Do...........................  ......do............  ......do...........  All naturally        T                       638           NA           NA
                                                                               spawned                                                                  
                                                                               populations (and                                                         
                                                                               their progeny) in                                                        
                                                                               streams from the                                                         
                                                                               Russian R. to                                                            
                                                                               Aptos Cr., Santa                                                         
                                                                               Cruz County, CA                                                          
                                                                               (inclusive), and                                                         
                                                                               the drainages of                                                         
                                                                               San Francisco and                                                        
                                                                               San Pablo Bays                                                           
                                                                               eastward to the                                                          
                                                                               Napa R.                                                                  
                                                                               (inclusive), Napa                                                        
                                                                               County, CA,                                                              
                                                                               excluding the                                                            
                                                                               Sacramento-San                                                           
                                                                               Joaquin R. Basin                                                         
                                                                               of the Central                                                           
                                                                               Valley of CA.                                                            
    Do...........................  ......do............  ......do...........  All naturally        T                       638           NA           NA
                                                                               spawned                                                                  
                                                                               populations (and                                                         
                                                                               their progeny) in                                                        
                                                                               streams from the                                                         
                                                                               Pajaro R.                                                                
                                                                               (inclusive),                                                             
                                                                               located in Santa                                                         
                                                                               Cruz County, CA,                                                         
                                                                               to (but not                                                              
                                                                               including) the                                                           
                                                                               Santa Maria R.                                                           

[[Page 32998]]

                                                                                                                                                        
    Do...........................  ......do............  ......do...........  All naturally        T                       638           NA           NA
                                                                               spawned                                                                  
                                                                               populations (and                                                         
                                                                               their progeny) in                                                        
                                                                               streams in the                                                           
                                                                               Snake R. Basin of                                                        
                                                                               southeast WA,                                                            
                                                                               northeast OR, and                                                        
                                                                               ID.                                                                      
    Do...........................  ......do............  ......do...........  All naturally        T                       638           NA           NA
                                                                               spawned                                                                  
                                                                               populations (and                                                         
                                                                               their progeny) in                                                        
                                                                               streams and                                                              
                                                                               tributaries to the                                                       
                                                                               Columbia R.                                                              
                                                                               between the                                                              
                                                                               Cowlitz and Wind                                                         
                                                                               Rivers, WA,                                                              
                                                                               inclusive, and the                                                       
                                                                               Willamette and                                                           
                                                                               Hood Rivers, OR,                                                         
                                                                               inclusive,                                                               
                                                                               excluding the                                                            
                                                                               Upper Willamette                                                         
                                                                               River Basin above                                                        
                                                                               Willamette Falls                                                         
                                                                               and excluding the                                                        
                                                                               Little and Big                                                           
                                                                               White Salmon                                                             
                                                                               Rivers in WA.                                                            
    Do...........................  ......do............  ......do...........  All naturally        T                       638           NA           NA
                                                                               spawned                                                                  
                                                                               populations (and                                                         
                                                                               their progeny) in                                                        
                                                                               the Sacramento and                                                       
                                                                               San Joaquin Rivers                                                       
                                                                               and their                                                                
                                                                               tributaries,                                                             
                                                                               excluding San                                                            
                                                                               Francisco and San                                                        
                                                                               Pablo Bays and                                                           
                                                                               their tributaries.                                                       
                                                                                                                                                        
                   *                  *                  *                  *                  *                  *                  *                  
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    Dated: May 11, 1998.
Jamie Rappaport Clark,
Director, Fish and Wildlife Service.
[FR Doc. 98-16110 Filed 6-16-98; 8:45 am]
BILLING CODE 4310-55-P