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Designation of Critical Habitat for Lower Columbia River Coho Salmon and Puget Sound Steelhead; Proposed Rule

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Designation of Critical Habitat for Lower Columbia River Coho Salmon and Puget Sound Steelhead; Proposed Rule Vol. 78 Monday, No. 9 January 14, 2013 Part II Department of Commerce National Oceanic and Atmospheric Administration 50 CFR Part 226 Endangered and Threatened Species; Designation of Critical Habitat for Lower Columbia River Coho Salmon and Puget Sound Steelhead; Proposed Rule VerDate Mar<15>2010 17:31 Jan 11, 2013 Jkt 229001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\14JAP2.SGM 14JAP2 srobinson on DSK4SPTVN1PROD with 2726 Federal Register / Vol. 78, No. 9 / Monday, January 14, 2013 / Proposed Rules DEPARTMENT OF COMMERCE • Fax: 503–230–5441, Attn: Steve in the evolutionary legacy of the Stone. biological species (56 FR 58612, National Oceanic and Atmospheric • Mail: Chief, Protected Resources November 20, 1991). We determined Administration Division, Northwest Region, National that a group of Pacific steelhead Marine Fisheries Service, 1201 NE. populations qualifies as a DPS if it is 50 CFR Part 226 Lloyd Blvd., Suite 1100, Portland, OR markedly separate and significant to its [Docket No. 110726419–2714–01] 97232. taxon (61 FR 4722, February 7, 1996; 71 Instructions: Comments will be FR 834, January 5, 2006). In previous RIN 0648–BB30 posted for public viewing as soon as rulemaking we determined that lower possible during the comment period. All Columbia River coho (70 FR 37160, June Endangered and Threatened Species; comments received are a part of the 28, 2005) and Puget Sound steelhead (72 Designation of Critical Habitat for public record and will generally be FR 26722, May 11, 2007) are each DPSs Lower Columbia River Coho Salmon posted to http://www.regulations.gov that warrant protection as threatened and Puget Sound Steelhead without change. We may elect not to species under the ESA. We also AGENCY: National Marine Fisheries post comments with obscene or determined that critical habitat was not Service (NMFS), National Oceanic and threatening content. All Personal determinable at the time of those final Atmospheric Administration (NOAA), Identifying Information (for example, listing decisions and announced that we Commerce. name, address, etc.) voluntarily would propose critical habitat in ACTION: Proposed rule; request for submitted by the commenter may be separate rulemaking. Since the time of comments. publicly accessible. Do not submit listing, the recovery planning process Confidential Business Information or has progressed for these two DPSs and SUMMARY: We, the National Marine otherwise sensitive or protected additional new information is now Fisheries Service (NMFS), propose to information. available to better inform the designate critical habitat for lower We will accept anonymous comments designation process. In view of these Columbia River coho salmon (enter N/A in the required fields, if you developments, we published an advance (Oncorhynchus kisutch) and Puget wish to remain anonymous). You may notice of proposed rulemaking (ANPR) Sound steelhead (O. mykiss), currently submit attachments to electronic on January 10, 2011 (76 FR 1392), to listed as threatened species under the comments in Microsoft Word, Excel, make the public aware of the Endangered Species Act (ESA). The WordPerfect, or Adobe PDF file formats opportunity to provide us with specific areas proposed for designation only. The proposed rule, list of comments and information that may be for lower Columbia River coho include references and supporting documents useful in making proposed critical approximately 2,288 mi (3,681 km) of (including the Draft Biological Report habitat designations for these two DPSs. freshwater and estuarine habitat in (NMFS 2012a), the Draft Economic We received several comments and Oregon and Washington. The specific Analysis (NMFS 2012b), and the Draft datasets in response to the ANPR, and areas proposed for designation for Puget Section 4(b)(2) Report (NMFS 2012c)) these have been reviewed and Sound steelhead include approximately are also available electronically at incorporated as appropriate into 1,880 mi (3,026 km) of freshwater and http://www.nwr.noaa.gov. documents and analyses supporting this estuarine habitat in Puget Sound, FOR FURTHER INFORMATION CONTACT: proposed rule (NMFS, 2012a; NMFS, Washington. We propose to exclude a Steve Stone, NMFS, Northwest Region, 2012c). We encourage those who number of particular areas from Protected Resources Division, at the submitted comments on the ANPR to designation because the benefits of address above or at 503–231–2317; or review and comment on this proposed exclusion outweigh the benefits of Dwayne Meadows, NMFS, Office of rule as well. We will address all inclusion and exclusion will not result Protected Resources, Silver Spring, MD, relevant comments in the final rule. in the extinction of the species. 301–427–8403. We considered various alternatives to We are soliciting comments from the SUPPLEMENTARY INFORMATION: the critical habitat designation for these public on all aspects of the proposal, DPSs. The alternative of not designating including information on the economic, Background critical habitat would impose no national security, and other relevant We are responsible for determining economic, national security, or other impacts of the proposed designations, as whether species, subspecies, or distinct relevant impacts, but would not provide well as the benefits to the species from population segments (DPSs) are any conservation benefit to the species. designations. We will consider threatened or endangered and which This alternative was considered and additional information received prior to areas of their habitat constitute critical rejected because such an approach does making final designations. habitat for them under the ESA (16 not meet the legal requirements of the DATES: Comments on this proposed rule U.S.C. 1531 et seq.). To be considered ESA and would not provide for the must be received by 5 p.m. P.S.T. on for listing under the ESA, a group of conservation of these species. The April 15, 2013. Requests for public organisms must constitute a ‘‘species,’’ alternative of designating all of the areas hearings must be made in writing by which is defined in section 3 to include considered for designation (i.e., no areas February 28, 2013. ‘‘any subspecies of fish or wildlife or excluded) was also considered and ADDRESSES: You may submit comments plants, and any distinct population rejected because, for several areas, the on the proposed rule, identified by segment of any species of vertebrate fish benefits of exclusion outweighed the FDMS docket number [NOAA–NMFS– or wildlife which interbreeds when benefits of designation, and we 2012–0224], by any one of the following mature.’’ The agency has determined determined that exclusion of these areas methods: that a group of Pacific salmon would not significantly impede • Electronic Submissions: Submit all populations (including lower Columbia conservation of the species or result in electronic public comments via the River coho) qualifies as a distinct extinction of the species. The total Federal eRulemaking Portal: http:// population segment (DPS) if the group estimated annualized economic impact www.regulations.gov. Follow the is substantially reproductively isolated associated with the designation of all of instructions for submitting comments. and represents an important component the areas considered would be $357,815 VerDate Mar<15>2010 17:31 Jan 11, 2013 Jkt 229001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\14JAP2.SGM 14JAP2 srobinson on DSK4SPTVN1PROD with Federal Register / Vol. 78, No. 9 / Monday, January 14, 2013 / Proposed Rules 2727 for lower Columbia River coho and migrate from the ocean to spawn in fishes), such as under logs, root wads $460,924 for Puget Sound steelhead. freshwater lakes and streams where and boulders in the stream, and beneath An alternative to designating critical their offspring hatch and rear prior to overhanging vegetation. They also need habitat within all of the areas migrating back to the ocean to forage places to seek refuge from periodic high considered for designation is the until maturity. The migration and flows (side channels and off channel designation of critical habitat within a spawning times vary considerably areas) and from warm summer water subset of these areas. Under section between and within species and temperatures (coldwater springs and 4(b)(2) of the ESA, we must consider the populations (Groot and Margolis, 1991). deep pools). Returning adults generally economic impacts, impacts on national At spawning, adults pair to lay and do not feed in fresh water but instead security, and other relevant impacts of fertilize thousands of eggs in freshwater rely on limited energy stores to migrate, designating any particular area as gravel nests or ‘‘redds’’ excavated by mature, and spawn. Like juveniles, they critical habitat. We have the discretion females. Depending on lake/stream also require cool water and places to to exclude an area from designation as temperatures, eggs incubate for several rest and hide from predators. During all critical habitat if the benefits of weeks to months before hatching as life stages salmon and steelhead require exclusion (i.e., the impacts that would ‘‘alevins’’ (a larval life stage dependent cool water that is free of contaminants. be avoided if an area were excluded on food stored in a yolk sac). Following They also require migratory corridors from the designation) outweigh the yolk sac absorption, alevins emerge with adequate passage conditions benefits of designation (i.e., the from the gravel as young
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