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Department of Commerce National Oceanic and Atmospheric Administration Tuesday, December 14, 2004 Part II Department of Commerce National Oceanic and Atmospheric Administration 50 CFR Part 226 Endangered and Threatened Species; Designation of Critical Habitat for 13 Evolutionarily Significant Units of Pacific Salmon (Oncorhynchus spp.) and Steelhead (O. mykiss) in Washington, Oregon, and Idaho; Proposed Rule VerDate jul<14>2003 21:14 Dec 13, 2004 Jkt 205001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\14DEP2.SGM 14DEP2 74572 Federal Register / Vol. 69, No. 239 / Tuesday, December 14, 2004 / Proposed Rules DEPARTMENT OF COMMERCE DATES: Comments on this proposed rule Background must be received by 5 p.m. P.S.T. on We are responsible for determining National Oceanic and Atmospheric February 14, 2005. Requests for public whether species, subspecies, or distinct Administration hearings must be made in writing by population segments of Pacific salmon January 28, 2005. We have already and O. mykiss (inclusive of anadromous 50 CFR Part 226 scheduled public hearings on this steelhead and some populations of [Docket No. 030716175–4327–03; I.D. No. proposed rule as follows: resident rainbow trout) are threatened or 070303A] Tuesday, January 11, 2005, from 6:30– endangered, and for designating critical 9:30 p.m. at the Doubletree Hotel RIN No. 0648–AQ77 habitat for them under the ESA (16 Columbia River, 1401 North Hayden U.S.C. 1531 et seq). To be considered for Endangered and Threatened Species; Island Drive in Portland, OR; ESA listing, a group of organisms must Designation of Critical Habitat for 13 Thursday, January 13, 2005, from constitute a ‘‘species.’’ Section 3 of the Evolutionarily Significant Units of 6:30–9:30 p.m. at the Red Lion Hotel ESA defines a species as ‘‘any Pacific Salmon (Oncorhynchus spp.) Columbia Center, 1101 North Columbia subspecies of fish or wildlife or plants, and Steelhead (O. mykiss) in Center Blvd. in Kennewick, WA; and any distinct population segment of Washington, Oregon, and Idaho Tuesday, January 18, 2005, from 6:30– any species of vertebrate fish or wildlife 9:30 p.m. at the Radisson Hotel Seattle which interbreeds when mature.’’ Since AGENCY: National Marine Fisheries Airport, 17001 Pacific Highway South 1991 NMFS has identified distinct Service (NMFS), National Oceanic and in Seattle, WA; and population segments of Pacific salmon Atmospheric Administration, or O. mykiss by dividing the U.S. Commerce. Tuesday, January 25, 2005, from 6:30– 9:30 p.m. at the Red Lion Hotel Boise populations of each species into ACTION: Proposed rule; request for evolutionarily significant units (ESUs) comments. Downtown, 1800 Fairview Avenue in Boise, ID. which it determines are substantially SUMMARY: We, the National Marine Details regarding the hearing format reproductively isolated and represent an Fisheries Service (NMFS), propose to and related information will be posted important component in the designate critical habitat for 13 by December 24, 2004, on our Web site evolutionary legacy of the biological Evolutionarily Significant Units (ESUs) at http://www.nwr.noaa.gov/1salmon/ species. (56 FR 58612; November 20, of Pacific salmon (chum, Oncorhynchus salmesa/crithab/CHsite.htm. 1991.) (In some cases, an ESU may keta; coho, O. kisutch, sockeye, O. contain a single population of fish.) ADDRESSES: You may submit comments, Under this approach, every Pacific nerka; chinook, O. tshawytscha) and O. identified by docket number mykiss (inclusive of anadromous salmon and O. mykiss population in the [030716175–4327–03] and RIN number steelhead and resident rainbow trout) U.S. is part of a distinct population [0648–AQ77], by any of the following listed under the Endangered Species Act segment that is eligible for listing as methods: threatened or endangered under the of 1973, as amended (ESA). The specific • areas proposed for designation in the E-mail: ESA. In ESA listing determinations for rule text set out below include [email protected]. Include Pacific salmon and O. mykiss since approximately 27,553 mi (44,342 km) of docket number [030716175–4327–03] 1991, we have identified 52 ESUs in lake, riverine, and estuarine habitat in and RIN number [0648–AQ77] in the Washington, Oregon, Idaho and Washington, Oregon, and Idaho, as well subject line of the message. California. Presently 25 of the ESUs are as approximately 2,121 mi (3,413 km) of • Federal e-Rulemaking Portal: http:/ listed as threatened or endangered. One marine nearshore habitat in Puget /www.regulations.gov. Follow the additional ESU (Oregon Coast coho) was Sound, Washington. Some of the instructions for submitting comments. listed as threatened from 1998 to 2004 proposed areas are occupied by two or • Agency Web site: http:// when it was removed from the list of more ESUs. However, as explained ocio.nmfs.noaa.gov/ibrm-ssi/ threatened or endangered species as a below, we are also considering index.shtml. Follow the instructions for result of a court order. excluding many of these areas from the submitting comments at http:// In a Federal Register document final designation based on existing land ocio.nmfs.noaa.gov/ibrm-ssi/ published on June 14, 2004 (69 FR management plans and policies, process.shtml. 33101), we proposed to list 27 ESUs as voluntary conservation efforts and other • Mail: Submit written comments and threatened or endangered. The ESUs factors that could substantially reduce information to Chief, NMFS, Protected proposed for listing include 25 the scope of the final designations. The Resources Division, 525 NE Oregon currently-listed species, but in most net economic impacts of ESA section 7 Street, Suite 500, Portland, OR, 97232– cases the ESUs are being redefined in associated with designating the areas 2737. You may hand-deliver written either or both of two significant ways: described in the proposed rule are comments to our office during normal by including hatchery fish that are no estimated to be approximately business hours at the address given more than moderately divergent $223,950,127, but we believe the above. genetically from naturally spawning fish additional exclusions under review • Fax: 503–230–5435. within the ESU, and in the case of O. could reduce this impact by up to 90 mykiss species, by including some percent or more. We solicit information FOR FURTHER INFORMATION CONTACT: resident trout. We have also proposed to and comments from the public on all Steve Stone at the above address, at list the previously-listed Oregon Coast aspects of the proposal, including (503) 231–2317, or by facsimile at (503) coho (redefined to include some such information on the economic, national 230–5435; or Marta Nammack at (301) fish reared in hatcheries) and we security, and other relevant impacts of 713–1401. The proposed rule, maps, proposed to list one new ESU (Lower the proposed designation. We may and other materials relating to this Columbia River O. mykiss) previously revise this proposal and solicit proposal can be found on our Web site believed to be extinct in the wild. In this additional comments prior to final at http://www.nwr.noaa.gov/1salmon/ document, ‘‘O. mykiss’’ ESUs refer to designation to address new information salmesa/crithab/CHsite.htm. ESUs including populations of both received during the comment period. SUPPLEMENTARY INFORMATION: anadromous steelhead and resident VerDate jul<14>2003 21:14 Dec 13, 2004 Jkt 205001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\14DEP2.SGM 14DEP2 Federal Register / Vol. 69, No. 239 / Tuesday, December 14, 2004 / Proposed Rules 74573 rainbow trout. Also, references to considerations or protection; and 7(a)(2) of the ESA requires that each ‘‘salmon’’ in this notice generally specific areas outside the geographical Federal agency shall, in consultation include all members of the genus area occupied by the species at the time with and with the assistance of NMFS, Oncorhynchus, including O. mykiss. it is listed that are determined by the ensure that any action authorized, This Federal Register document Secretary to be essential for the funded or carried out by such agency is describes proposed critical habitat conservation of the species.’’ not likely to result in the destruction or designations for the following 13 ESUs Section 3 of the ESA (16 U.S.C. adverse modification of critical habitat. of salmon and O. mykiss: (1) Puget 1532(3)) also defines the terms Sound chinook salmon; (2) Lower ‘‘conserve,’’ ‘‘conserving,’’ and Previous Federal Action and Related Columbia River chinook salmon; (3) ‘‘conservation’’ to mean ‘‘to use, and the Litigation Upper Willamette River chinook use of, all methods and procedures salmon; (4) Upper Columbia River which are necessary to bring any Many Pacific salmon and O. mykiss spring-run chinook salmon; (5) Oregon endangered species or threatened populations in California and the Pacific Coast coho salmon; (6) Hood Canal species to the point at which the Northwest have suffered broad declines summer-run chum salmon; (7) Columbia measures provided pursuant to this over the past hundred years. We have River chum salmon; (8) Ozette Lake chapter are no longer necessary.’’ conducted several ESA status reviews sockeye salmon; (9) Upper Columbia Section 4 of the ESA requires that and status review updates for Pacific River O. mykiss; (10) Snake River Basin before designating critical habitat we salmon and O. mykiss in California, O. mykiss; (11) Middle Columbia River must consider the economic impacts, Oregon, Washington, and Idaho. The O. mykiss; (12) Lower Columbia River impacts on national security and other most recent ESA status review and O. mykiss; and (13) Upper Willamette relevant impacts of specifying any proposed listing determinations were River O. mykiss. particular area as critical habitat, and published on June 14, 2004 (69 FR Section 3 of the ESA defines critical the Secretary may exclude any area from 33101). Six of the currently listed ESUs habitat as ‘‘the specific areas within the critical habitat if the benefits of have final critical habitat designations.
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