Federal Register / Vol. 73, No. 173 / Friday, September 5, 2008 / Proposed Rules 51747 during normal business hours (8:30 a.m. Background DPS as a result of this listing. We to 5 p.m. Eastern time) at 888 First The notice of proposed rulemaking by propose to designate as critical habitat Street, NE., Room 2A, Washington DC cross-reference to temporary regulations 45 specific areas occupied by Atlantic 20426. (REG–161695–04) that is the subject of salmon at the time of listing that 17. From FERC’s Home Page on the this correction is under section 1301 of comprise approximately 203,781 km of Internet, this information is available on the Internal Revenue Code. perennial river, stream, and estuary eLibrary. The full text of this document habitat and 868 square km of lake is available on eLibrary in PDF and Need for Correction habitat within the range of the GOM Microsoft Word format for viewing, As published, REG–161695–04 DPS and on which are found those printing, and/or downloading. To access contains an error that may prove to be physical and biological features this document in eLibrary, type the misleading and is in need of essential to the conservation of the docket number excluding the last three clarification. species. The entire occupied range of digits of this document in the docket the GOM DPS in which critical habitat number field. Correction of Publication is being proposed is within the State of 18. User assistance is available for Accordingly, the publication of the Maine. We propose to exclude eLibrary and the FERC’s Web site during proposed rulemaking by cross-reference approximately 1,463 km of river, stream, normal business hours from FERC to temporary regulations (REG–161695– and estuary habitat and 115 square km Online Support at 202–502–6652 (toll 04), which was the subject of FR Doc. of lake habitat from critical habitat free at 1–866–208–3676) or e-mail at E8–16664, is corrected as follows: pursuant to section 4(b)(2) of the ESA. [email protected], or the On page 42538, column 2, in the DATES: Comments on this proposal must Public Reference Room at (202) 502– preamble, under the caption ‘‘For be received by November 4, 2008. Two 8371, TTY (202) 502–8659. E-mail the Further Information Contact’’, line 2, the public hearings on the proposed rule Public Reference Room at language ‘‘Amy Pfalzgraf, (202) 622– will be held in conjunction with the [email protected]. 4950 (not a‘‘ is corrected to read ‘‘Amy Atlantic salmon proposed listing rule List of Subjects in 18 CFR Part 35 Pfalzgraf (202) 622–4960 (not a‘‘. (See the notice, Proposed Endangered Status for the Gulf of Maine Distinct Electric power rates, Electric utilities, LaNita Van Dyke, Population Segment of Atlantic Salmon, Reporting and recordkeeping Chief, Publications and Regulations Branch, published in the Proposed Rules section requirements. Legal Processing Division, Associate Chief of the September 3, 2008, issue of the Counsel, (Procedure and Administration). By the Commission. Federal Register) and we will alert the [FR Doc. E8–20552 Filed 9–4–08; 8:45 am] Kimberly D. Bose, public of the locations and dates of BILLING CODE 4830–01–P Secretary. those hearings in a subsequent Federal [FR Doc. E8–20546 Filed 9–4–08; 8:45 am] Register notice. BILLING CODE 6717–01–P ADDRESSES: You may submit comments, DEPARTMENT OF COMMERCE identified by RIN 0648–AW77, by any of the following methods: National Oceanic and Atmospheric • Administration Electronic Submission: Submit all DEPARTMENT OF THE TREASURY electronic public comments via the 50 CFR Part 226 Federal eRulemaking Portal: http:// Internal Revenue Service www.regulations.gov. Follow the [Docket No. 0808061060–81062–01] instructions for submitting comments. 26 CFR Part 1 • Mail: Assistant Regional RIN 0648–AW77 Administrator, Protected Resources [REG–161695–04] Endangered and Threatened Species; Division, NMFS, Northeast Regional Proposed Critical Habitat for the Gulf Office, Protected Resources Division, RIN 1545–BE23 of Maine Distinct Population Segment One Blackburn Drive, Gloucester, MA of Atlantic Salmon 01930. Farmer and Fisherman Income • Facsimile (fax) to: 207–866–7342, Averaging; Correction AGENCY: National Marine Fisheries Attention: Dan Kircheis. Service (NMFS), National Oceanic and Instructions: All comments received AGENCY: Internal Revenue Service (IRS), Atmospheric Administration (NOAA), are a part of the public record and will Treasury. Commerce. generally be posted to http:// ACTION: Correction to notice of proposed ACTION: Proposed rule; request for www.regulations.gov without change. rulemaking by cross-reference to comments. All personal identifying information (for temporary regulations. example, name, address, etc.) SUMMARY: We, the National Marine voluntarily submitted by the commenter SUMMARY: This document corrects a Fisheries Service (NMFS), propose to may be publicly accessible. Do not notice of proposed rulemaking by cross- designate critical habitat for the Gulf of submit confidential business reference to temporary regulations Maine Distinct Population Segment information or otherwise sensitive or (REG–161695–04) that was published in (GOM DPS) of Atlantic salmon (Salmo protected information. NMFS will the Federal Register on Tuesday, July salar). We previously determined that accept anonymous comments (enter 22, 2008 (73 FR 42538) relating to the naturally spawned and several hatchery N/A in the required fields, if you wish averaging of farm and fishing income in populations of Atlantic salmon which to remain anonymous). Attachments to computing income tax liability. constituted the GOM DPS warrant electronic comments will be accepted in FOR FURTHER INFORMATION CONTACT: listing as endangered under the Microsoft Word, Excel, Word Perfect, or Amy Pfalzgraf, (202) 622–4960 (not a Endangered Species Act of 1973, as Adobe PDF file formats only. toll-free number). amended (ESA). We are required to The proposed rule, list of references SUPPLEMENTARY INFORMATION: designate critical habitat for the GOM and supporting documents, including VerDate Aug<31>2005 19:18 Sep 04, 2008 Jkt 214001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\05SEP1.SGM 05SEP1 jlentini on PROD1PC65 with PROPOSALS 51748 Federal Register / Vol. 73, No. 173 / Friday, September 5, 2008 / Proposed Rules the Biological Valuation, Economic of the ESA as ‘‘(i) the specific areas continues into the fall. Although Analysis, IRFA Analysis, and 4(b)(2) within the geographical area occupied spawning does not occur until late fall, Report, are also available electronically by the species, at the time it is listed the majority of Atlantic salmon in at the NMFS Web site http:// * * * on which are found those Maine enter freshwater between May www.nero.noaa.gov/prot_res/ physical and biological features (I) and mid-July (Meister, 1958; Baum, altsalmon/. essential to the conservation of the 1997). Early migration is an adaptive FOR FURTHER INFORMATION CONTACT: Dan species and (II) which may require trait that ensures adults have sufficient Kircheis, NMFS, at 207–866–7320, special management considerations or time to effectively reach spawning areas [email protected]; Mary Colligan, protections; and (ii) specific areas despite the occurrence of temporarily NMFS, at 978–281–9116; or Marta outside the geographical area occupied unfavorable conditions that occur Nammack, 301–713–1401. by the species at the time it is listed naturally (Bjornn and Reiser, 1991). * * * upon a determination by the Salmon that return in early spring spend SUPPLEMENTARY INFORMATION: Secretary that such areas are essential nearly 5 months in the river before Background for the conservation of the species.’’ spawning; often seeking cool water NMFS and the U.S. Fish and Wildlife Section 3 of the ESA (16 U.S.C. 15332) refuge (e.g., deep pools, springs, and Service (USFWS; collectively ‘‘the defines the terms ‘‘conserve,’’ mouths of smaller tributaries) during the Services’’) issued a final rule listing the ‘‘conserving,’’ and ‘‘conservation’’ as ‘‘to summer months. In the fall, female Atlantic salmon GOM DPS of Atlantic salmon as use, and the use of, all methods and select sites for spawning. Spawning endangered on November 17, 2000 (65 procedures which are necessary to bring sites are positioned within flowing FR 69459). The GOM DPS was defined any endangered species or threatened water, particularly where upwelling of in the 2000 rule as all naturally species to the point at which the measures provided pursuant to this groundwater occurs to allow for reproducing wild populations and those chapter are no longer necessary.’’ percolation of water through the gravel river-specific hatchery populations of Section 4(b)(2) of the ESA (16 U.S.C. (Danie et al., 1984). These sites are most Atlantic salmon, having historical river- 1533) requires that, before designating often positioned at the head of a riffle specific characteristics found north of critical habitat, we consider the (Beland et al., 1982b), the tail of a pool, and including tributaries of the lower economic impacts, impacts on national or the upstream edge of a gravel bar Kennebec River to, but not including, security, and other relevant impacts of where water depth is decreasing, water the mouth of the St. Croix River at the specifying any particular area as critical velocity is increasing (McLaughlin and U.S.-Canada border and the Penobscot habitat. Further, the Secretary may Knight, 1987; White, 1942), and River above the site of the former exclude any area from critical habitat hydraulic head allows for permeation of Bangor Dam. upon a determination that the benefits water through the redd (a gravel In September of 2006, a new Status of exclusion outweigh the benefits of depression where eggs are deposited). Review for Atlantic salmon in the inclusion, unless excluding an area from Female salmon use their caudal fin to United States (Status Review report) critical habitat will result in the scour or dig redds.