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

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 § 227.4, paragraphs (f) and (g) are

added to read as follows:

§ 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 § 227.21

is added to read as follows:

Subpart C—Threatened Marine and

Anadromous Fish

§ 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

§ 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

§ 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 §§ 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]

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