`[Federal Register Volume 60, Number 73 (Monday, April 17, 1995)]
[Rules and Regulations]
[Page 19342]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9440]




[[Page 19341]]

_______________________________________________________________________

Part III





Department of Commerce





_______________________________________________________________________



National Oceanic and Atmospheric Administration



_______________________________________________________________________



50 CFR Part 227



Endangered and Threatened Species; Status of Snake River Spring/Summer 
Chinook Salmon and Snake River Fall Chinook Salmon; Final Rule

  Federal Register / Vol. 60, No. 73 / Monday, April 17, 1995 / Rules 
and Regulations   
[[Page 19342]] 

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 227

[Docket No. 950412102-5102-01; I.D. 072594B]


Endangered and Threatened Species; Status of Snake River Spring/
Summer Chinook Salmon and Snake River Fall Chinook Salmon

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This Final Rule corrects an error in an emergency rule 
expiring on April 17, 1995. The emergency rule was published with an 
error in the amendatory language resulting in the accidental removal of 
all protective regulations for the species upon expiration of the 
emergency rule. This final rule will reinstate protection for Snake 
River spring/summer chinook and Snake River fall chinook salmon 
(Oncorhynchus tshawtyscha) by returning the inadvertently omitted rule 
language providing for their conservation as threatened species.

EFFECTIVE DATE: 12:01 a.m. (local time) on April 17, 1995.

FOR FURTHER INFORMATION CONTACT:
Garth Griffin, Environmental and Technical Services Division, NMFS 
(503)-230-5430 or Gregory Miller, NMFS, (301)-713-1401.

SUPPLEMENTARY INFORMATION: NMFS published an emergency rule (59 FR 
42529, August 18, 1994) pursuant to section 4(b)(7) of the ESA, 16 
U.S.C. 1531 et seq., that reclassified Snake River spring/summer 
chinook Snake River fall chinook as endangered. The emergency rule is 
effective for 240 days from the date of publication in the Federal 
Register. However, the emergency rule was published with an improper 
instruction. In reclassifying the species as ``endangered'' for 240 
days, NMFS intended to temporarily ``suspend'' the regulation 
identifying the species as threatened during the period. However, NMFS 
inadvertently included amendatory language instructing that this 
regulation be ``removed,'' which provided permanent removal of the 
regulation from the CFR, rather than temporary suspension during the 
effective period of the emergency rule as intended. NMFS is 
implementing this final rule to remain consistent with its original 
intent and to ensure that, upon expiration of the 240-day effectiveness 
period of the emergency rule, the regulation identifying these salmon 
stocks as threatened will remain in place.

Classification

    Pursuant to sections 553(b) and 553(d) of the Administrative 
Procedure Act, 5 U.S.C. 551 et seq., the Assistant Administrator finds 
that there is good cause to waive the requirements for both prior 
notice of an opportunity for public comment, and the delayed effective 
date, respectively, because this rule is a technical amendment 
correcting a clerical error made in a prior rule. This rule is exempt 
from review under E.O. 12866.
List of Subjects in 50 CFR Part 227

    Endangered and threatened species, Exports, Imports, Marine 
Mammals, Transportation.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
    For the reasons set out in the preamble, 50 CFR part 227 is amended 
as follows:

PART 227--THREATENED FISH AND WILDLIFE

    1. The authority citation for part 227 continues to read as 
follows:

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

    2. In Sec. 227.4, paragraphs (f) and (g) are added to read as 
follows:


Sec. 227.4  Enumeration of threatened species.

* * * * *
    (f) Snake River spring/summer chinook salmon (Oncorhynchus 
tshawytscha). Includes all natural population(s) of spring/summer 
chinook salmon in the mainstream Snake River and any of the following 
subbasins: Tucannon River, Grande Ronde River, Imnaha River, and Salmon 
River.
    (g) Snake River fall chinook salmon (Oncorhynchus tshawytscha). 
Includes all natural population(s) of fall chinook in the mainstem 
Snake River and any of the following subbasins: Tucannon River, Grande 
Ronde River, Imnaha River, Salmon River, and Clearwater River.
    3. Subpart C, Threatened Marine and Anadromous Fish, consisting of 
Sec. 227.21 is added to read as follows:

Subpart C--Threatened Marine and Anadromous Fish


Sec. 227.21  Threatened salmon.

    (a) Prohibitions. The prohibitions of section 9 of the Act (16 
U.S.C. 1539) relating to endangered species apply to threatened species 
of salmon listed in Sec. 227.4(f) and (g), except as provided in 
paragraph (b) of this section.
    (b) Exceptions. The exceptions of section 10 of the Act (16 U.S.C. 
1538) and other exceptions under the Act relating to endangered 
species, including regulations implementing such exceptions, also apply 
to the threatened species of salmon listed in Sec. 227.4(f) and (g). 
This section supersedes other restrictions on the applicability of 
parts 217 through 222 of this chapter, including, but not limited to, 
the restrictions specified in Secs. 217.2, 222.2(a) and 222.22(a) of 
this chapter with respect to the species identified in paragraph (a) of 
this section.

[FR Doc. 95-9440 Filed 4-13-95; 12:41 pm]
BILLING CODE 3510-22-M`