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 Department of Commerce National Oceanic and Atmospheric Administration 50 CFR Part 660
[Docket No. 130123065-4999-02]
RIN 0648-BC95
 AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.
 ACTION: Final rule.
 SUMMARY: NMFS issues a final rule under authority of the Magnuson-Stevens Fishery Conservation and Management Act (MSA) to implement Amendment 18 to the Pacific Coast Salmon Fishery Management Plan for Commercial and Recreational Salmon Fisheries off the Coasts of Washington, Oregon, and California (FMP). Amendment 18 revises the description and identification of essential fish habitat (EFH) for Pacific salmon managed under the FMP, designates habitat areas of particular concern (HAPCs), updates information on fishing activities, and updates the list of non-fishing related activities that may adversely affect EFH and potential conservation and enhancement measures to minimize those effects. NMFS approved Amendment 18 on September 12, 2014.
 DATES: This final rule is effective January 20, 2015.
 ADDRESSES: This final rule is accessible on the Web site of NMFS' West Coast Region (
                        *http://www.westcoast.fisheries.noaa.gov*). The current FMP, through Amendment 18, is available on the Pacific Fishery Management Council's Web site (
                        *http://www.pcouncil.org/​*).
 FOR FURTHER INFORMATION CONTACT: Peggy Mundy at 206-526-4323.


SUPPLEMENTARY INFORMATION: The Pacific Fishery Management Council (Council) developed Amendment 18 in compliance with the MSA's requirement to periodically review EFH provisions, and to revise or amend those provisions, as warranted, based on available information (50 CFR 600.815(a)(10)). The Council took final action on Amendment 18 in September 2013 and transmitted the amendment to NMFS on June 10, 2014. Alternatives considered in the development of Amendment 18 were analyzed in a draft Environmental Assessment (EA). NMFS published a notice of availability of Amendment 18 in the 
                    **Federal Register**
                     (79 FR 34272, June 16, 2014) to notify the public of the availability of the amendment and draft EA, and invite comments. NMFS published a proposed rule in the 
                    **Federal Register**
                     (79 FR 56547, September 22, 2014) to notify the public and invite comments. NMFS received no comments in response to either the notice of availability or the proposed rule. Amendment 18 revises the description and identification of EFH for Pacific salmon managed under the FMP, designates HAPCs, updates the current information on fishing activities, and updates the list of non-fishing related activities that may adversely affect EFH and potential conservation and enhancement measures to minimize those effects. The details of Amendment 18 were described in the proposed rule (79 FR 56547, September 22, 2014) and are not repeated here. This final rule identifies changes to the regulations under 50 CFR 660 subpart H to implement Amendment 18 and describes changes made from the proposed rule. Response to Comments NMFS received no comments on the proposed rule. The Department of the Interior submitted a letter stating that they had no comments.
                    ( print page 75450) Changes From Proposed Rule This final rule includes changes to the existing regulations at 50 CFR 660.412 to implement Amendment 18. These are largely unchanged from the proposed rule; those that have changed from the proposed rule are described below. Table 1 to Subpart H of Part 660 Three table cells that were inadvertently left blank in the proposed rule have been corrected to identify EFH designations in hydrologic units 17100207, 17110012, and 17110016. Classification Pursuant to section 304(b)(1)(A) of the MSA, the NMFS Assistant Administrator has determined that this final rule is consistent with Amendment 18, the Pacific Salmon Fishery Management Plan, the MSA, and other applicable law. This final rule has been determined to be not significant for purposes of Executive Order 12866. An EA has been prepared for Amendment 18; a copy of the EA is available online at 
                    *http://www.pcouncil.org/​.*
                     The EA includes a regulatory impact review (RIR) prepared by NMFS. The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration, at the proposed rule stage, that this rule would not have a significant economic impact on a substantial number of small entities. No comments were received on this certification, and no new information has been received concerning the economic impact of this rule. As a result, no Final Regulatory Flexibility Analysis is required, and none has been prepared. NMFS will conduct the appropriate analyses for any subsequent rulemakings stemming from this final rule. This final rule would not establish any new reporting or recordkeeping requirements. This final rule does not include a collection of information. No Federal rules have been identified that duplicate, overlap, or conflict with this action. This action is not expected to have adverse effects on any ESA-listed species or critical habitat. As described in the EA for Amendment 18, this action may have minimal effects on ESA-listed species in freshwater areas where EFH designations would change slightly under the preferred alternative. NMFS has consulted with itself under ESA section 7 and prepared a memo concluding that implementation of the preferred alternative is not likely to adversely affect any listed species or critical habitat. This final rule was developed after meaningful collaboration with the affected tribes, through the PFMC process. Under the MSA at 16 U.S.C. 1852(b)(5), one of the voting members of the PFMC must be a representative of an Indian Tribe with Federally recognized fishing rights from the area of the PFMC's jurisdiction. List of Subjects in 50 CFR Part 660 Fisheries
Fishing
Recordkeeping and reporting requirements
 Dated: December 11, 2014. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.
 For the reasons set out in the preamble, NMFS amends 50 CFR part 660 as follows: PART 660—FISHERIES OFF WEST COAST STATES
 1.The authority citation for part 660 continues to read as follows: Authority:
                        16 U.S.C. 
                            *et seq.*
                             and 16 U.S.C. 773 
                            *et seq.* 2.Section 660.412 is revised to read as follows: § 660.412
  Essential fish habitat (EFH) is identified for anadromous Pacific salmon stocks managed by the Pacific Fishery Management Council (PFMC) under the Pacific Coast Salmon Fishery Management Plan (FMP). These managed salmon include most of the Chinook salmon (
                            *Oncorhynchus tshawytscha*) stocks and all of the coho salmon (
                            *O. kisutch*) stocks from Washington, Oregon, Idaho, and California; as well as pink salmon (
                            *O. gorbuscha*) stocks originating from watersheds within Puget Sound east of, and including, the Elwha River. The geographic extent of freshwater EFH is specifically identified in the FMP as all water bodies currently or historically occupied by PFMC-managed salmon in Washington, Oregon, Idaho, and California; including aquatic areas above all artificial barriers that are not specifically excluded. Freshwater EFH, identified in Table 1 of this subpart H, is described using fourth field hydrologic unit codes developed by the U.S. Geological Survey (defined in U.S. Geological Survey and U.S. Department of Agriculture, Natural Resources Conservation Service: Federal guidelines, requirements, and procedures for the national Watershed Boundary Dataset: U.S. Geological Survey Techniques and Methods 11-A3, 2009). Table 1 also identifies the dams that represent the upstream extent of EFH in each hydrologic unit. (a) Chinook salmon EFH includes all water bodies currently or historically occupied by PFMC-managed Chinook salmon in Washington, Oregon, Idaho, and California as identified in Table 1 of this subpart. Chinook salmon EFH also includes the estuarine and marine areas extending from the extreme high tide line in nearshore and tidal submerged environments within state territorial waters out to the full extent of the exclusive economic zone (EEZ) (200 nautical miles) offshore of Washington, Oregon, and California north of Point Conception; and the marine areas of Alaska that are designated as Chinook salmon EFH by the North Pacific Fishery Management Council (NPFMC), for stocks that are also managed by the PFMC. (b) Coho salmon EFH includes all water bodies currently or historically occupied by PFMC-managed coho salmon in Washington, Oregon, Idaho, and California as identified in Table 1 of this subpart. Coho salmon EFH also includes the estuarine and marine areas extending from the extreme high tide line in nearshore and tidal submerged environments within state territorial waters out to the full extent of the EEZ (200 nautical miles) offshore of Washington, Oregon, and California north of Point Conception; and the marine areas of Alaska that are designated as coho salmon EFH by the NPFMC, for stocks that are also managed by the PFMC. (c) Puget Sound pink salmon EFH includes all water bodies currently or historically occupied by PFMC-managed Puget Sound pink salmon in Washington State as identified in Table 1 of this subpart. Puget Sound pink salmon EFH also includes the estuarine and marine areas extending from the extreme high tide line in nearshore and tidal submerged environments within state territorial waters north and east of Cape Flattery, Washington, including Puget Sound, the Strait of Juan de Fuca and Strait of Georgia; the waters of the U.S. EEZ north of 48° N latitude to the U.S.-Canada border; and marine areas of Alaska that are designated as pink salmon EFH by the NPFMC, for stocks that are also managed by the PFMC.
 3.Table 1 to Subpart H of Part 600 is revised to read as follows: ( print page 75451) Table 1 to Subpart H of Part 660—Pacific Salmon EFH Identified by USGS Hydrologic Unit Code (HUC)
4th Field hydrologic unit code
Hydrologic unit name
State(s)
Chinook 
                                 salmon
Coho salmon
Puget Sound pink salmon
Impassable dam(s)17020005
Chief Joseph
WA
X
X

Chief Joseph Dam.17020006
Okanogan
WA
X


n/a.17020007
Similkameen
WA
X


n/a.17020008
Methow
WA
X
X

n/a.17020009
Lake Chelan
WA
X


n/a.17020010
Upper Columbia-Entiat
WA
X
X

n/a.17020011
Wenatchee
WA
X
X

n/a.17020012
Moses Coulee
WA
X
X

n/a.17020015
Lower Crab
WA
X


n/a.17020016
Upper Columbia-Priest Rapids
WA
X
X

n/a.17030001
Upper Yakima
WA
X
X

Keechelus Dam Kachess Dam (Kachess River).17030002
Naches
WA
X
X

Rimrock Dam (Tieton River).17030003
Lower Yakima
WA
X
X

n/a.17060101
Hells Canyon
OR/ID
X


Hells Canyon Dam.17060102
Imnaha River
OR/ID
X


n/a.17060103
Lower Snake-Asotin
OR/WA/ID
X
X

n/a.17060104
Upper Grande Ronde River
OR
X
X

n/a.17060105
Wallowa River
OR
X
X

n/a.17060106
Lower Grande Ronde
OR/WA
X
X

n/a.17060107
Lower Snake-Tucannon
WA
X
X

n/a.17060108
Palouse River
WA
X


n/a.17060110
Lower Snake River
WA
X
X

n/a.17060201
Upper Salmon
ID
X


n/a.17060202
Pahsimeroi
ID
X


n/a.17060203
Middle Salmon-Panther
ID
X


n/a.17060204
Lemhi
ID
X


n/a.17060205
Upper Middle Fork Salmon
ID
X


n/a.17060206
Lower Middle Fork Salmon
ID
X


n/a.17060207
Middle Salmon-Chamberlain
ID
X


n/a.17060208
South Fork Salmon
ID
X


n/a.17060209
Lower Salmon
ID
X


n/a.17060210
Little Salmon
ID
X


n/a.17060301
Upper Selway
ID
X
X

n/a.17060302
Lower Selway
ID
X
X

n/a.17060303
Lochsa
ID
X


n/a.17060304
Middle Fork Clearwater
ID
X
X

n/a.17060305
South Fork Clearwater
ID
X
X

n/a.17060306
Clearwater
WA/ID
X
X

n/a.17060308
Lower North Fork Clearwater
ID
X


Dworshak Dam.17070101
Middle Columbia-Lake Wallula
OR/WA
X
X

n/a.17070103
Umatilla
OR
X
X

McKay Dam (McKay Creek).17070105
Middle Columbia-Hood
OR/WA
X
X

n/a.17070106
Klickitat
WA
X
X

n/a.17070306
Lower Deschutes
OR
X
X

n/a.17080001
Lower Columbia-Sandy
OR/WA
X
X

Bull Run Dam #2.17080002
Lewis
WA
X
X

n/a.17080003
Lower Columbia-Clatskanie
OR/WA
X
X

n/a.17080004
Upper Cowlitz
WA
X
X

n/a.17080005
Cowlitz
WA
X
X

n/a.17080006
Lower Columbia
OR/WA
X
X

n/a.17090001
Middle Fork Willamette
OR
X


n/a.17090002
Coast Fork Willamette
OR
X


Dorena Dam.17090003
Upper Willamette
OR
X
X

n/a.17090004
McKenzie
OR
X
X

Cougar Dam.117090005
North Santiam
OR
X
X

Big Cliff Dam.217090006
South Santiam
OR
X
X

n/a.17090007
Middle Willamette
OR
X
X

n/a.17090008
Yamhill
OR
X
X

n/a.17090009
Molalla-Pudding
OR
X
X

n/a.17090010
Tualatin
OR
X
X

n/a.( print page 75452)17090011
Clackamas
OR
X
X

n/a.17090012
Lower Willamette
OR
X
X

n/a.17100101
Hoh-Quillayute
WA
X
X

n/a.17100102
Queets-Quinault
WA
X
X

n/a.17100103
Upper Chehalis
WA
X
X

n/a.17100104
Lower Chehalis
WA
X
X

n/a.17100105
Grays Harbor
WA
X
X

n/a.17100106
Willapa
WA
X
X

n/a.17100201
Necanicum
OR
X
X

n/a.17100202
Nehalem
OR
X
X

n/a.17100203
Wilson-Trask-Nestucca
OR
X
X

n/a.17100204
Siletz-Yaquina
OR
X
X

n/a.17100205
Alsea
OR
X
X

n/a.17100206
Siuslaw
OR
X
X

n/a.17100207
Siltcoos
OR

X

n/a.17100301
North Umpqua
OR
X
X

n/a.17100302
South Umpqua
OR
X
X

n/a.17100303
Umpqua
OR
X
X

n/a.17100304
Coos
OR
X
X

n/a.17100305
Coquille
OR
X
X

n/a.17100306
Sixes
OR
X
X

n/a.17100307
Upper Rogue
OR
X
X

Lost Creek Dam.17100308
Middle Rogue
OR
X
X

Emigrant Dam.17100309
Applegate
CA/OR
X
X

Applegate Dam.17100310
Lower Rogue
OR
X
X

n/a.17100311
Illinois
CA/OR
X
X

n/a.17100312
Chetco
CA/OR
X
X

n/a.17110001
Fraser
WA
X
X

n/a.17110002
Strait Of Georgia
WA
X
X
X
n/a.17110003
San Juan Islands
WA

X

n/a.17110004
Nooksack
WA
X
X
X
n/a.17110005
Upper Skagit
WA
X
X
X
Gorge Lake Dam.17110006
Sauk
WA
X
X
X
n/a.17110007
Lower Skagit
WA
X
X
X
n/a.17110008
Stillaguamish
WA
X
X
X
n/a.17110009
Skykomish
WA
X
X
X
n/a.17110010
Snoqualmie
WA
X
X
X
Tolt Dam (S. Fork Tolt River).17110011
Snohomish
WA
X
X
X
n/a.17110012
Lake Washington
WA
X
X

Cedar Falls (Masonry) Dam (Cedar River).17110013
Duwamish
WA
X
X
X
n/a.17110014
Puyallup
WA
X
X
X
n/a.17110015
Nisqually
WA
X
X
X
n/a.17110016
Deschutes
WA
X
X

n/a.17110017
Skokomish
WA
X
X
X
n/a.17110018
Hood Canal
WA
X
X
X
n/a.17110019
Puget Sound
WA
X
X
X
n/a.17110020
Dungeness-Elwha
WA
X
X
X
n/a.17110021
Crescent-Hoko
WA
X
X

n/a.18010101
Smith River
CA/OR
X
X

n/a.18010102
Mad-Redwood
CA
X
X

Robert W. Matthews Dam.18010103
Upper Eel
CA
X
X

Scott Dam.18010104
Middle Fork Eel
CA
X
X

n/a.18010105
Lower Eel
CA
X
X

n/a.18010106
South Fork Eel
CA
X
X

n/a.18010107
Mattole
CA
X
X

n/a.18010108
Big-Navarro-Garcia
CA
X
X

n/a.18010109
Gualala-Salmon
CA
X
X

n/a.18010110
Russian
CA
X
X

Coyote Valley Dam (E. Fork Russian R.) Warm Springs Dam (Dry Cr.).18010206
Upper Klamath
CA/OR
X
X

Keno Dam.18010207
Shasta
CA
X
X

Dwinnell Dam.18010208
Scott
CA
X
X

n/a.18010209
Lower Klamath
CA/OR
X
X

n/a.18010210
Salmon
CA
X
X

n/a.18010211
Trinity
CA
X
X

Lewiston Dam.( print page 75453)18010212
South Fork Trinity
CA
X
X

n/a.18020104
Sacramento-Stone Corral
CA
X


n/a.18020111
Lower American
CA
X


Nimbus Dam.18020115
Upper Stony
CA
X


Black Butte Dam.18020116
Upper Cache
CA
X


Capay Dam.318020125
Upper Yuba
CA
X


n/a.18020126
Upper Bear
CA
X


Camp Far West Dam.18020151
Cow Creek
CA
X


n/a.18020152
Cottonwood Creek
CA
X


n/a.18020153
Battle Creek
CA
X


n/a.18020154
Clear Creek-Sacramento River
CA
X


Keswick Dam (Sacramento R.), Whiskeytown Dam (Clear Creek).18020155
Paynes Creek-Sacramento River
CA
X


n/a.18020156
Thomes Creek-Sacramento River
CA
X


n/a.18020157
Big Chico Creek-Sacramento River
CA
X


n/a.18020158
Butte Creek
CA
X


n/a.18020159
Honcut Headwaters-Lower Feather
CA
X


Feather River Fish Barrier Dam.18020161
Upper Coon-Upper Auburn 4
CA
X


n/a.18020162
Upper Putah
CA
X


Monticello Dam.18020163
Lower Sacramento
CA
X


n/a.18040001
Middle San Joaquin-Lower Chowchilla 5
CA
X


Buchanan Dam (Chowchilla River), Bear Dam (Bear Creek), Owens Dam (Owens Creek) Mariposa Dam.18040002
Lower San Joaquin River 5
CA
X


n/a.18040003
San Joaquin Delta
CA
X


n/a.18040007
Fresno River
CA
X


Hidden Dam.18040008
Upper Merced
CA
X


Crocker-Huffman Diversion Dam.18040009
Upper Tuolumne
CA
X


La Grange Dam (Tuolumne R.).18040010
Upper Stanislaus
CA
X


Goodwin Dam.18040011
Upper Calaveras
CA
X


New Hogan Dam.18040012
Upper Mokelumne
CA
X


Camanche Dam.18040013
Upper Cosumnes
CA
X


n/a.18050001
Suisun Bay
CA
X


n/a.18050002
San Pablo Bay
CA
X
X

San Pablo Dam (San Pablo Cr.).18050003
Coyote
CA
X
X

LeRoy Anderson Dam.18050004
San Francisco Bay
CA
X
X

n/a.18050005
Tomales-Drake Bays
CA
X
X

Nicasio Dam (Nicasio Cr.) Peters Dam (Lagunitas Cr.).18050006
San Francisco Coastal South
CA

X

n/a.18060015
Monterey Bay 6
CA

X

Newell Dam (Newell Cr.)1
                             Cougar Dam is a barrier to coho salmon only. Chinook salmon are trapped and hauled above the dam.2
                             Big Cliff Dam is a barrier to coho salmon only. Chinook salmon are trapped and hauled above the dam.3
                             Capay Dam was selected as the upstream extent of EFH because it was identified as a complete barrier by NMFS biologists and is located in the vicinity of the historical upstream extent of Chinook salmon distribution.4
                             Natural “lower falls” are downstream of any artificial barriers that would meet the criteria for designating them as the upstream extent of EFH; therefore, the upstream extent of EFH within this HU is at the “lower falls”.5
                             EFH for Chinook salmon in the Middle San Joaquin-Lower Chowchilla HU (18040001) and Lower San Joaquin River HU (18040002) includes the San Joaquin River, its eastern tributaries, and the lower reaches of the western tributaries. Although there is no evidence of current or historical Chinook salmon distribution in the western tributaries (Yoshiyama 
                            *et al.*
                             2001), the lower reaches of these tributaries could provide juvenile rearing habitat or refugia from high flows during floods as salmon migrate along the mainstem in this area.6
                             EFH for coho salmon in the Monterey Bay HU does not include the sections south of the Pajaro HU (18060002).


[FR Doc. 2014-29557 Filed 12-17-14; 8:45 am] BILLING CODE 3510-22-P