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Department of Commerce National Oceanic and Atmospheric Administration Friday, December 10, 2004 Part II Department of Commerce National Oceanic and Atmospheric Administration 50 CFR Part 226 Endangered and Threatened Species; Designation of Critical Habitat for Seven Evolutionarily Significant Units of Pacific Salmon (Oncorhynchus tshawytscha) and Steelhead (O. mykiss) in California; Proposed Rule VerDate jul<14>2003 22:20 Dec 09, 2004 Jkt 205001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\10DEP2.SGM 10DEP2 71880 Federal Register / Vol. 69, No. 237 / Friday, December 10, 2004 / Proposed Rules DEPARTMENT OF COMMERCE DATES: Comments on this proposed rule and represent an important component must be received by 5 p.m. P.s.t. on in the evolutionary legacy of the National Oceanic and Atmospheric February 8, 2005. Requests for public biological species (56 FR 58612; Administration hearings must be made in writing by November 20, 1991). Using this January 24, 2005. approach, every Pacific salmon and O. 50 CFR Part 226 ADDRESSES: You may submit comments, mykiss population in the U.S. is part of identified by docket number a distinct population segment that is [Docket No. 041123329–4329–01; I.D. No. [041123329–4329–01] and RIN number eligible for listing as a threatened or 110904F] [0648–AO04], by any of the following endangered species under the ESU. In methods: ESA listing determinations for Pacific RIN 0648–AO04 • E-mail: salmon and O. mykiss since 1991 we [email protected]. Include have identified 52 ESUs in Washington, Endangered and Threatened Species; docket number [041123329–4329–01] Oregon, Idaho and California. Presently, Designation of Critical Habitat for and RIN number [0648–AO04] in the 25 ESUs are listed as threatened or Seven Evolutionarily Significant Units subject line of the message. endangered. One additional ESU of Pacific Salmon (Oncorhynchus • Federal e-Rulemaking Portal: http:/ (Oregon Coast coho salmon) was listed tshawytscha) and Steelhead /www.regulations.gov. Follow the as threatened from 1998 to 2004 when (O. mykiss) in California instructions for submitting comments. it was removed from the list of • threatened or endangered species as a AGENCY: National Marine Fisheries Agency Web site: http:// result of a Court Order. Service (NMFS), National Oceanic and ocio.nmfs.noaa.gov/ibrm-ssi/ index.shtml. Follow the instructions for In a Federal Register document Atmospheric Administration, published on June 14, 2004 (69 FR Commerce. submitting comments at http:// ocio.nmfs.noaa.gov/ibrm-ssi/ 33101), we proposed to list 27 ESUs as ACTION: Proposed rule; request for threatened or endangered. The ESUs comments. process.shtml. • Mail: Submit written comments and proposed for listing include 25 that are currently listed, but in most cases the SUMMARY: The National Marine information to: Assistant Regional ESUs are being redefined in either of Fisheries Service (NMFS) proposes to Administrator, Protected Resources Division, NMFS, 501 W. Ocean Blvd., two significant ways: By including designate critical habitat for two hatchery fish that are no more than Evolutionarily Significant Units (ESUs) Suite 4200, Long Beach, CA 90802– 4213. You may hand-deliver written moderately divergent genetically from of chinook salmon (Oncorhynchus naturally spawning fish within the ESU, tshawytscha) and five ESUs of O. mykiss comments to our office during normal business hours at the address given and in the case of O. mykiss species, by (inclusive of anadromous steelhead and including some resident trout resident rainbow trout) listed under the above. • Fax: 562–980–4027 populations in the ESUs. We have also Endangered Species Act of 1973, as proposed to list the previously-listed FOR FURTHER INFORMATION CONTACT: amended (ESA). The specific areas Oregon Coast coho salmon population proposed for designation in the rule text Craig Wingert at the above address, at which is redefined to include some fish set out below include approximately 562–980–4021, or by facsimile at 562– reared in hatcheries, and are proposing 11,668 miles (18,669 km) of riverine 980–4027; or Marta Nammack at 301– to list one new ESU (Lower Columbia 2 2 habitat and 947 mi (2,444 km ) of bay/ 713–1401. The proposed rule, maps, River O. mykiss, was previously thought estuarine habitat (primarily in San and other materials relating to this to be extinct in the wild). In this Francisco-San Pablo-Suisun Bays) in proposal can be found on our Web site document, O. mykiss ESUs refer to ESUs California. Some of the proposed areas, at http://swr.nmfs.noaa.gov. that include populations of both however, are occupied by two or more SUPPLEMENTARY INFORMATION: anadromous steelhead and resident ESUs. However, as explained below, we Background rainbow trout. Also, references to are also considering excluding many of ‘‘salmon’’ in this notice generally these areas from the final designation NMFS is responsible for determining include all members of the genus based on existing land management whether species, subspecies, or distinct Oncorhynchus, including O. mykiss. plans and policies, voluntary population segments of Pacific salmon This Federal Register document conservation efforts and other factors and O. mykiss (inclusive of anadromous describes proposed critical habitat that could substantially reduce the steelhead and some populations of designations for the following seven scope of the final designations. The net resident rainbow trout) are threatened or ESUs of Pacific salmon and O. mykiss economic impacts of ESA section 7 endangered, and for designating in California: (1) California Coastal associated with designating the areas constitute critical habitat for them under chinook salmon; (2) Northern California described in the proposed rule are the ESA (16 U.S.C. 1531 et seq). To be O. mykiss; (3) Central California Coast estimated to be approximately considered for ESA listing, a group of O. mykiss; (4) South-Central California $83,511,186, but we believe the organisms must constitute a ‘‘species.’’ Coast O. mykiss; (5) Southern California additional exclusions under review Section 3 of the ESA defines a species O. mykiss; (6) Central Valley spring run could reduce this impact by up to 57 as ‘‘any subspecies of fish or wildlife or chinook salmon; and (7) Central Valley percent or more. We solicit information plants, and any distinct population O. mykiss. and comments from the public on all segment of any species of vertebrate fish Section 3 of the ESA defines critical aspects of the proposal, including or wildlife which interbreeds when habitat as ‘‘the specific areas within the information on the economic, national mature.’’ Since 1991, NMFS has geographical area occupied by the security, and other relevant impacts of identified distinct population segments species, at the time it is listed, on which the proposed designation. We may of Pacific salmon and O. mykiss by are found those physical or biological revise this proposal and solicit dividing the U.S. populations of each features (I) essential to the conservation additional comments prior to final species into evolutionarily significant of the species and (II) which may designation to address new information units (ESUs) which it determines are require special management received during the comment period. substantially reproductively isolated considerations or protection; and VerDate jul<14>2003 22:20 Dec 09, 2004 Jkt 205001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\10DEP2.SGM 10DEP2 Federal Register / Vol. 69, No. 237 / Friday, December 10, 2004 / Proposed Rules 71881 specific areas outside the geographical and the Secretary may exclude any area Northwest have suffered broad declines area occupied by the species at the time from critical habitat if the benefits of over the past hundred years. We have it is listed that are determined by the exclusion outweigh the benefits of conducted several ESA status reviews Secretary to be essential for the inclusion, unless excluding an area from and status review updates for Pacific conservation of the species.’’ Section 3 critical habitat will result in the salmon and O. mykiss in California, of the ESA (16 U.S.C. 1532(3)) also extinction of the species concerned. Oregon, Washington, and Idaho. The defines the terms ‘‘conserve,’’ Once critical habitat for a salmon or O. most recent ESA status review and ‘‘conserving,’’ and ‘‘conservation’’ to mykiss ESU is designated, section proposed listing determinations were mean ‘‘to use, and the use of, all 7(a)(2) of the ESA requires that each published on June 14, 2004 (69 FR methods and procedures which are Federal agency shall, in consultation 33101). Six of the currently listed ESUs necessary to bring any endangered with and with the assistance of NMFS, have final critical habitat designations. species or threatened species to the ensure that any action authorized, Table 1 summarizes the NMFS scientific point at which the measures provided funded or carried out by such agency is reviews of West Coast salmon and O. pursuant to this chapter are no longer not likely to result in the destruction or mykiss and the ESA listing necessary.’’ Section 4 of the ESA adverse modification of critical habitat. requires that before designating critical determinations and critical habitat habitat, we must consider economic Previous Federal Action and Related designations made to date. impacts, impacts on national security Litigation and other relevant impacts of specifying Many Pacific salmon and O. mykiss any particular area as critical habitat, ESUs in California and the Pacific TABLE 1.—SUMMARY OF PREVIOUS ESA LISTING ACTIONS AND CRITICAL HABITAT DESIGNATIONS FOR WEST COAST SALMON AND O. Mykiss Previous sci- Current endangered Previous ESA listing determinations and entific viability Evolutionarily significant unit (ESU) species Act (ESA) Year listed critical habitat designations—Federal Reg- reviews and status ister citations updates Listing Determinations 69 FR 33102; 06/14/04 (Proposed rule) 56 FR 58619; 11/20/1991 (Final rule) 56 FR 14055; 04/05/1991 (Proposed rule) Critical Habitat Designations 58 FR 68543; 12/28/1993 (Final rule) Snake River sockeye ESU ..........................
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