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Federal Register/Vol. 75, No. 101/Wednesday, May 26, 2010

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Federal Register/Vol. 75, No. 101/Wednesday, May 26, 2010 Federal Register / Vol. 75, No. 101 / Wednesday, May 26, 2010 / Proposed Rules 29489 Since nothing in the rule requires regulations under the ESA and status can be found in our February 11, those persons who submit reports designating critical habitat for this ESU 2008, final rule (73 FR 7816), classifying pursuant to this rule to keep copies of will remain in effect. this ESU as a threatened species. any records or reports submitted to us, DATES: Information and comments on To summarize that history, on July 25, recordkeeping costs imposed would be this proposal must be received by July 1995 we first proposed to list the ESU zero hours and zero costs. 26, 2010. A public hearing will be held as threatened (60 FR 38011). We withdrew that proposal in response to Authority: 44 U.S.C. 3506; delegation of promptly if any person so requests by authority at 49 CFR 1.50. July 12, 2010. Notice of the location and the State of Oregon’s proposed conservation measures as described in Issued on: May 21, 2010. time of any such hearing will be published in the Federal Register not the Oregon Plan for Salmon and O. Kevin Vincent, less than 15 days before the hearing is Watersheds (62 FR 24588; May 6, 1997). Chief Counsel. held. On June 1, 1998, the U.S. District Court [FR Doc. 2010–12664 Filed 5–25–10; 8:45 am] for the District of Oregon found that our ADDRESSES: You may submit comments BILLING CODE 4910–59–P determination to not list the OC coho identified by 0648–XO28 by any of the salmon ESU was arbitrary and following methods: • Electronic Submissions: Federal e- capricious (Oregon Natural Resources DEPARTMENT OF COMMERCE Rulemaking Portal: http:// Council v. Daley, 6 F. Supp. 2d 1139 (D. www.regulations.gov. Follow the Or. 1998)). The Court ruled that our National Oceanic and Atmospheric instructions for submitting comments. decision gave too much weight to Administration • Mail: Submit written comments to conservation measures with an Chief, Protected Resources Division, uncertain likelihood of implementation. 50 CFR Part 223 Northwest Region, National Marine On August 10, 1998, we issued a final rule listing the OC coho ESU as [Docket No. 090324348–9655–01] Fisheries Service, 1201 NE Lloyd Blvd., Suite 1100, Portland, OR 97232. threatened (63 FR 42587). In 2001, the RIN 0648–XO28 Instructions: All comments received U.S. District Court in Eugene, Oregon, are a part of the public record and will set aside the 1998 threatened listing of Listing Endangered and Threatened generally be posted to http:// the OC coho salmon ESU (Alsea Valley Species: Completion of a Review of the www.regulations.gov without change. Alliance v. Evans, 161 F. Supp. 2d 1154, Status of the Oregon Coast All Personal Identifying Information (for (D. Or. 2001)). The Court ruled that our Evolutionarily Significant Unit of Coho example, name, address, etc.) failure to include certain hatchery fish Salmon; Proposal to Promulgate Rule voluntarily submitted by the commenter as part of the ESU was not consistent Classifying Species as Threatened with the ESA. Subsequently, we may be publicly accessible. Do not announced that we would conduct an submit Confidential Business AGENCY: National Marine Fisheries updated status review of 27 West Coast Information or otherwise sensitive or Service (NMFS), National Oceanic and salmonid ESUs, including the OC coho protected information. We will accept Atmospheric Administration (NOAA), salmon ESU (67 FR 6215, February 11, anonymous comments (enter ‘‘N/A’’ in Commerce. 2002; 67 FR 48601, July 25, 2002). ACTION: Proposed rule. the required fields if you wish to remain To aid us in these reviews, we anonymous). Attachments to electronic convened a team of Federal scientists, SUMMARY: We, the National Marine comments will be accepted in Microsoft known as a biological review team Fisheries Service (NMFS), propose to Word, Excel, WordPerfect, or Adobe (BRT). For the OC coho salmon ESU, affirm the Endangered Species Act PDF file formats only. Information about NMFS concluded that this ESU was not (ESA) status for the Oregon Coast (OC) the OC coho salmon ESU can be in danger of extinction, but was likely Evolutionarily Significant Unit (ESU) of obtained via the Internet at: http:// to become endangered in the foreseeable coho salmon (Oncorhynchus kisutch) by www.nwr.noaa.gov/ or by submitting a future. The BRT noted considerable promulgating a rule that will supersede request to the Assistant Regional scientific uncertainty regarding the our February 11, 2008, listing Administrator, Protected Resources future viability of this ESU given determination for this ESU. This Division, Northwest Region, NMFS, unknowns about ocean conditions for proposal will also serve as our 1201 NE Lloyd Blvd., Suite 1100, coho salmon survival (Good et al., announcement of the outcome of a new Portland, OR 97232. 2005). They also stated that there is review of the status of this ESU and FOR FURTHER INFORMATION CONTACT: For uncertainty about whether current request for public comment on the further information regarding this freshwater habitats are of sufficient proposal to promulgate the OC coho proposal, contact Eric Murray, NMFS, quality and quantity to support the then salmon ESU listing determination. On Northwest Region, (503) 231–2378; or recent high abundance levels and February 11, 2008, we listed the OC Marta Nammack, NMFS, Office of sustain populations during future coho salmon ESU as threatened, Protected Resources, (301) 713–1401. downturns in ocean conditions. designated critical habitat, and issued SUPPLEMENTARY INFORMATION: Considering the BRT’s scientific final protective regulations under findings and our assessment of risks and section the Endangered Species Act Previous Federal ESA Actions Related benefits from artificial propagation (ESA) (February 11, 2008). The ESA to Oregon Coast Coho Salmon programs included in the ESU, efforts listing status of the OC coho salmon We first proposed to list the OC coho being made to protect the species, and ESU has been controversial and has salmon ESU as threatened under the the five factors listed under section attracted litigation in the past. This ESA in 1995 (60 FR 38011; July 25, 4(a)(1) of the ESA, we proposed to list listing determination is the result of a 1995). Since then, we have completed this ESU as threatened (69 FR 33102; settlement agreement. This new listing several status reviews for this species, June 14, 2004). In the June 2004 determination will supersede our and its listing classification has changed proposed rule, we noted that Oregon February 11, 2008, listing determination between threatened and not warranted was initiating a comprehensive for this ESU. Our February 11, 2008, for listing a number of times. A assessment of the viability of the OC determination establishing protective complete history of this ESU’s listing coho salmon ESU and of the adequacy VerDate Mar<15>2010 15:16 May 25, 2010 Jkt 220001 PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 E:\FR\FM\26MYP1.SGM 26MYP1 wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1 29490 Federal Register / Vol. 75, No. 101 / Wednesday, May 26, 2010 / Proposed Rules of actions under the Oregon Plan for Assessment that the ESU was viable any one or a combination of the Salmon and Watersheds for conserving represented competing reasonable following factors: (1) the present or OC coho salmon. inferences from the available scientific threatened destruction, modification, or In January 2005, the State of Oregon information and considerable associated curtailment of its habitat or range; (2) released a draft OC coho salmon ESU uncertainty. The difference of opinion overutilization for commercial, assessment. This assessment concluded centered on whether the ESU was at risk recreational, scientific, or educational that the OC coho salmon ESU was because of the ‘‘threatened destruction, purposes; (3) disease or predation; (4) viable and that measures under the modification, or curtailment of its inadequacy of existing regulatory Oregon Plan had stopped, if not habitat or range.’’ We conducted an mechanisms; or (5) other natural or reversed, the deterioration of OC coho analysis of current habitat status and man-made factors affecting its salmon habitats. We published a notice likely future habitat trends (NMFS, continued existence. We are to make of availability of Oregon’s Draft Viability 2005a) and found that: (1) The this determination based solely on the Assessment for public review and sufficiency of current habitat conditions best available scientific and commercial comment in the Federal Register (70 FR was unknown; and (2) likely future information after conducting a review of 6840; February 9, 2005) and noted that habitat trends were mixed (i.e., some the status of the species and taking into information presented in the draft and habitat elements were likely to improve, account any efforts being made by states final assessments would be considered some were likely to decline, others were or foreign governments to protect the in making the final listing determination likely to remain in their current species. for the OC coho salmon ESU. We condition). We concluded that there was We are responsible for determining forwarded the public comments we insufficient evidence to support the whether species, subspecies, or distinct received on Oregon’s Draft Viability conclusion that the ESU was more likely population segments (DPSs) of Pacific Assessment, as well as our technical than not to become an endangered salmon should be listed as threatened or reviews, for Oregon’s consideration in species in the foreseeable future endangered under the ESA. To identify developing its final assessment. On May throughout all or a significant portion of the proper taxonomic unit for 13, 2005, Oregon issued its final Oregon its range. consideration in a salmon listing Coastal Coho Assessment. The final Our decision not to list the OC coho determination, we apply our Policy on assessment included several changes salmon ESU was challenged by Trout Applying the Definition of Species intended to address concerns raised Unlimited.
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